title: 2006/958/EC: Council Decision of 19 December 2006 concerning the conclusion of an Agreement between the European Community and the Swiss Confederation on the revision of the Agreement on mutual recognition in relation to conformity assessment between the European Community and the Swiss Confederation

text:
               29.12.2006

               EN

               Official Journal of the European Union

               L 386/50

         COUNCIL DECISION
   of 19 December 2006
   concerning the conclusion of an Agreement between the European Community and the Swiss Confederation on the revision of the Agreement on mutual recognition in relation to conformity assessment between the European Community and the Swiss Confederation
   (2006/958/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Commission has negotiated on behalf of the Community an Agreement with the Swiss Confederation on the revision of the Agreement on mutual recognition in relation to conformity assessment between the European Community and the Swiss Confederation.

               (2)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Swiss Confederation on the revision of the Agreement on mutual recognition in relation to conformity assessment between the European Community and the Swiss Confederation is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to transmit on behalf of the European Community the diplomatic note provided for in Article 2 of the Agreement.

      Done at Brussels, 19 December 2006.

            For the Council

            The President

         J. KORKEAOJA

   AGREEMENT
   revising the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment
   THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION,
   hereinafter referred to as ‘the Parties’,
   Having concluded an Agreement on mutual recognition in relation to conformity assessment
   hereinafter referred to as ‘the Agreement’;
   WHEREAS the Agreement entered into force on 1 June 2002;
   WHEREAS there is a need to simplify the operation of the Agreement;
   WHEREAS the Agreement in Articles 1, 5, 6, 7, 8, 9, 10 and 11 refers to conformity assessment bodies listed in Annex 1;
   WHEREAS the Agreement in Article 2 refers to definitions laid down in the 1996 edition of ISO/IEC Guide 2 and in the 1993 edition of the European standard EN 45020;
   WHEREAS the Agreement in Article 4 restricts the application of the Agreement to products that originate in the Parties according to non-preferential rules of origin;
   WHEREAS the Agreement in Article 6 refers to the procedures set out in Article 11;
   WHEREAS the Agreement in Article 8 refers to the Chairman of the Committee;
   WHEREAS the Agreement in Article 9 refers to coordination and comparison work between conformity assessment bodies recognised under the Agreement;
   WHEREAS the Agreement in Article 10 establishes a Committee that decides on the inclusion of conformity assessment bodies in Annex 1 and on their removal from Annex 1;
   WHEREAS the Agreement in Article 11 sets out a procedure for the inclusion of conformity assessment bodies in Annex 1 and their removal from Annex 1;
   WHEREAS the Agreement in Article 12 sets out obligations for information exchange;
   CONSIDERING that in order to reflect the changes introduced to Article 11 of the Agreement, the term ‘conformity assessment bodies listed in Annex 1’ should be deleted and replaced by a reference to the ‘recognised conformity assessment bodies’ in Articles 1, 5, 6, 7, 8, 9, 10 and 11;
   CONSIDERING that in order to avoid the need to modify the Agreement when changes are introduced to the definitions in the relevant ISO/IEC guides, the reference to specific editions of these guides should be deleted from Article 2 and replaced by a general reference to definitions laid down by ISO and IEC;
   CONSIDERING that since the reference to the definitions laid down in European standards 45020 (1993 edition) is no longer valid, the reference should be deleted from Article 2;
   CONSIDERING that in order to facilitate trade between the Parties, and to simplify the operation of the Agreement, the restriction to apply the Agreement to products that originate in the Parties should be deleted from Article 4;
   CONSIDERING that in order to simplify the Agreement, certain provisions of Article 6 should be deleted in order to avoid duplication with corresponding provisions set out in Article 11;
   CONSIDERING that in order to reflect that the Committee is co-chaired by the Parties, the reference to the Chairman of the Committee should be deleted from Article 8;
   CONSIDERING that in order to facilitate trade between the Parties, and to ensure transparency in the operation of the Agreement, an obligation to indicate possible suspensions of recognised conformity assessment bodies in the list of recognised conformity assessment bodies should be included in Article 8;
   CONSIDERING that in order to facilitate the functioning of the Agreement, the need for designating authorities to use their best endeavours to ensure that recognised conformity assessment bodies cooperate in an appropriate way should be included in Article 9;
   CONSIDERING that in order to simplify the operation of the Agreement, the need for the Committee to take decisions on the recognition or withdrawal of recognition of conformity assessment bodies should be limited to cases that have been contested by the other Party should be included in Article 10;
   CONSIDERING that in order to simplify the operation of the Agreement, a simpler procedure for the recognition, withdrawal of recognition, modification of the scope, and suspension of conformity assessment bodies should be set up in Article 11;
   CONSIDERING that in order to increase transparency, an obligation to notify in writing changes related to relevant legislative, regulatory and administrative provisions as well as to designating authorities and competent authorities should be added in Article 12,
   HAVE AGREED TO REVISE THE AGREEMENT AS FOLLOWS:
   Article 1
   Revisions to the Agreement
   1.   Article 1 is revised as follows:

               (i)

               In paragraph 1, ‘bodies listed in Annex 1’’ is replaced by ‘bodies recognised in accordance with the procedures of this Agreement’ (hereinafter recognised conformity assessment bodies).

               (ii)

               In paragraph 2, ‘the bodies listed in Annex 1’’ is replaced by ‘recognised conformity assessment bodies.’.

         2.   Article 2(2) is replaced by the following:

      ‘The definitions laid down by ISO and IEC may be used to establish the meaning of the general terms relating to conformity assessment contained in this Agreement.’
   .3.   Article 4 is replaced by the following:

      ‘Article 4
      Origin
      The provisions of this Agreement shall apply to products covered by this Agreement irrespective of their origin.’
   .4.   Article 5 is replaced by the following:

      ‘Article 5
      Recognised conformity assessment bodies
      The Parties hereby agree that conformity assessment bodies recognised in accordance with the procedure provided for in Article 11 fulfil the conditions of eligibility to assess conformity.’
   .5.   Article 6 is replaced by the following:

      ‘Article 6
      Designating authorities
      1.   The Parties hereby undertake to ensure that their designating authorities have the necessary power and competence to designate conformity assessment bodies or withdraw designation, suspend or remove suspension of designated conformity assessment bodies under their respective jurisdiction.
      2.   For the designation of conformity assessment bodies, the designating authorities shall observe the general principles for designation set out in Annex 2, subject to the provisions of the respective section IV in Annex 1. These designating authorities shall observe the same principles when withdrawing designation, suspending or removing suspension.’
   .6.   Article 7 is revised as follows:
   In paragraph 1, ‘the conformity assessment bodies under their jurisdiction listed in Annex 1’ is replaced by ‘recognised conformity assessment bodies under their jurisdiction’.
   7.   Article 8 is revised as follows:

               (i)

               In the first subparagraph of paragraph 1 ‘listed in Annex 1’ is replaced by ‘of recognised conformity assessment bodies.’

               (ii)

               In the second subparagraph of paragraph 1, the text ‘and to the Chairman of the Committee’ is deleted.

               (iii)

               In paragraph 4, a new sentence: ‘Such suspension shall be indicated in the common list of recognised conformity assessment bodies referred to in Annex 1.’ is added after the first sentence.

         8.   Article 9 is revised as follows:

               (i)

               In paragraph 2, ‘conformity assessment bodies under their jurisdiction listed in Annex 1’ is replaced by ‘recognised conformity assessment bodies under their jurisdiction’.

               (ii)

               In paragraph 3, ‘The conformity assessment bodies listed in Annex 1’ is replaced by ‘The recognised conformity assessment bodies’, and the following sentence is added after the first sentence: ‘The designating authorities shall use their best endeavours to ensure that recognised conformity assessment bodies cooperate in an appropriate way.’.

         9.   Article 10, paragraph 4, is replaced by the following:

      9.‘4.   The Committee may consider any matter related to this Agreement. In particular, it shall be responsible for:

                  (a)

                  drawing up the procedure for carrying out the verifications provided for in Article 7;

                  (b)

                  drawing up the procedure for carrying out the verifications provided for in Article 8;

                  (c)

                  deciding on the recognition of conformity assessment bodies contested under Article 8;

                  (d)

                  deciding on the withdrawal of recognition of recognised conformity assessment bodies contested under Article 8;

                  (e)

                  examining any legislative, regulatory and administrative provisions notified by one Party to another pursuant to Article 12 in order to assess their repercussions on the Agreement and to amend the appropriate sections in Annex 1.’

            .10.   Article 11 is replaced by the following:

      ‘Article 11
      Recognition, withdrawal of recognition, modification of the scope, and suspension of conformity assessment bodies
      10.1.   The following procedure shall apply for the recognition of conformity assessment bodies in relation to the requirements set out in the relevant Chapters of Annex 1:

                  (a)

                  a Party wishing to have recognised any conformity assessment body shall notify the other Party in writing of its proposal, to that effect, adding the appropriate information to its request;

                  (b)

                  if the other Party agrees to the proposal or raises no objection within 60 days of the notification of the proposal, the conformity assessment body shall be considered to be a recognised conformity assessment body under the terms of Article 5;

                  (c)

                  if the other Party raises objections in writing within that 60-day period, Article 8 shall apply.

            2.   A Party can withdraw or suspend the recognition or remove the suspension of recognition of a conformity assessment body under its jurisdiction. The Party concerned shall immediately notify the other Party of its decision in writing, together with the date of such decision. The withdrawal, suspension, or removal of suspension shall take effect at that date. Such withdrawal or suspension shall be indicated in the common list of recognised conformity assessment bodies referred to in Annex 1.
      3.   A Party can propose that the scope of activity of a recognised conformity assessment body under its jurisdiction be amended. For scope extensions and scope reductions the procedures provided for in Article 11(1) and (2) respectively shall apply.
      4.   A Party can, in exceptional circumstances, contest the technical competence of a recognised conformity assessment body under the jurisdiction of the other Party. In this case Article 8 shall apply.
      5.   Reports, certificates, authorisation and conformity marks issued by a conformity assessment body after the date at which its recognition has been withdrawn or suspended need not be recognised by the Parties. Reports, certificates, authorisations and conformity marks issued by a conformity assessment body before the date its recognition has been withdrawn shall continue to be recognised by the Parties unless the responsible designating authority has limited or cancelled their validity. The Party under whose jurisdiction the responsible designating authority is operating shall notify the other Party in writing of any such changes relating to a limitation or cancellation of validity.’
   .11.   Article 12 is revised as follows:

               (i)

               In paragraph 2, ‘in writing’ shall be added after ‘and shall notify’.

               (ii)

               A paragraph 2a is inserted after paragraph 2: ‘Each Party shall notify changes to its designating authorities and competent authorities to the other Party in writing.’.

         Article 2
   Entry into force
   This Agreement shall be ratified or approved by the Parties in accordance with their own procedures. It shall enter into force on the first day of the second month following the date on which the Parties have exchanged diplomatic notes confirming the completion of their respective procedures for adoption of this Agreement.
   Article 3
   Languages
   1.   This Agreement is drawn up in two originals in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic.
   2.   This Agreement and the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment will as soon as possible be translated into the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovene languages. The Committee is empowered to approve these language versions. Once approved, the versions in these languages shall also be authentic, in the same way as for the languages referred to in paragraph 1.

      IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered to this effect, have signed this Agreement


title: Council Decision (EU) 2017/1922 of 16 October 2017 on the position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the amendment of Annex IX to Protocol I

text:
               20.10.2017

               EN

               Official Journal of the European Union

               L 271/41

         COUNCIL DECISION (EU) 2017/1922
   of 16 October 2017
   on the position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the amendment of Annex IX to Protocol I
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (1) (‘the Agreement’), was signed on 15 October 2008, and has been applied provisionally since 29 December 2008.

               (2)

               Pursuant to Article 229(1) and (2) of the Agreement, the Joint CARIFORUM-EU Council (‘the Joint Council’) may adopt decisions that are binding on the Parties and the Signatory CARIFORUM States, which shall take all the measures necessary to implement them in accordance with internal rules of each Party and of each Signatory CARIFORUM State.

               (3)

               The Joint Council, at its fourth meeting on 17 November 2017, is to adopt a decision on the amendment of Annex IX to Protocol I of the Agreement (‘Annex IX’) that includes the list of Overseas Countries and Territories (‘OCTs’).

               (4)

               In light of the change of status of three territories, that amendment aims to update the list of OCTs set out in Annex IX and harmonise it with the one set out in the Annex II to the Treaty.

               (5)

               In the Joint Council, the Union is to be represented by the Commission in accordance with Article 17(1) of the Treaty on European Union (TEU). The Member States are to support the position of the Union in accordance with Article 4(3) TEU.

               (6)

               It is appropriate to establish the position to be adopted on behalf of the Union in the Joint Council.

               (7)

               The position of the Union within the Joint Council should teherefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council at its fourth meeting on 17 November 2017 as regards the amendment of Annex IX to Protocol I to the Agreement shall be based on the draft Decision of the Joint CARIFORUM-EU Council attached to this Decision.
   Article 2
   This Decision is addressed to the Commission and to the Member States.

      Done at Luxembourg, 16 October 2017.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 289, 30.10.2008, p. 3.

      DRAFT
      DECISION No …/2017 OF THE JOINT CARIFORUM–EU COUNCIL
      established by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part,
      of …
      concerning the amendment of Annex IX to Protocol I: Overseas countries and territories
      THE JOINT CARIFORUM-EU COUNCIL
      Having regard to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (‘the Agreement’), and in particular Article 41 of Protocol I thereof,
      Whereas:

                  (1)

                  Protocol I of the Agreement — Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation — defines Overseas Countries and Territories (OCTs) to mean the Overseas Countries and Territories set out in Annex IX thereto;

                  (2)

                  Following the change of status of Mayotte (1) and Saint-Barthélemy (2), and the entry into force of Council Decision 2013/755/EU on the association of the overseas countries and territories with the European Union (3), the list of overseas countries and territories in Annex IX to Protocol I of the Agreement should be updated,

            HAS DECIDED AS FOLLOWS:
      Article 1
      Annex IX to Protocol I is replaced by the Annex which is annexed to this Decision.
      Article 2
      This Decision shall enter into force on …

         Done at …,

               For the CARIFORUM States

               For the EU Party

         (1)  Council Decision 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union (OJ EU L 204, 31.7.2012, p. 131).

         (2)  Council Decision 2010/718/EU of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy (OJ EU L 325, 9.12.2010, p. 4).

         (3)  Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (OJ EU L 76, 15.3.2014, p. 56).

      ANNEX IX to Protocol I
      Overseas countries and territories
      For the purposes of this Protocol ‘overseas countries and territories’ means the following countries and territories referred to in Annex II to the Treaty on the Functioning of the European Union listed below:
      (This list is without prejudice to the status of these countries and territories, or future changes in their status.)

                  1.

                  Overseas countries and territories that have special relations with the Kingdom of Denmark:

                              —

                              Greenland.

                  2.

                  Overseas countries and territories that have special relations with the French Republic:

                              —

                              New Caledonia and Dependencies,

                              —

                              French Polynesia,

                              —

                              Saint Pierre and Miquelon,

                              —

                              Saint Barthélemy,

                              —

                              French Southern and Antarctic Territories,

                              —

                              Wallis and Futuna.

                  3.

                  Overseas countries and territories that have special relations with the Kingdom of the Netherlands:

                              —

                              Aruba,

                              —

                              Bonaire,

                              —

                              Curaçao,

                              —

                              Saba,

                              —

                              Sint Eustatius,

                              —

                              Sint Maarten.

                  4.

                  Overseas countries and territories that have special relations with the United Kingdom of Great Britain and Northern Ireland:

                              —

                              Anguilla,

                              —

                              Bermuda,

                              —

                              Cayman Islands,

                              —

                              Falkland Islands,

                              —

                              South Georgia and the South Sandwich Islands,

                              —

                              Montserrat,

                              —

                              Pitcairn,

                              —

                              Saint Helena and Dependencies,

                              —

                              British Antarctic Territory,

                              —

                              British Indian Ocean Territory,

                              —

                              Turks and Caicos Islands,

                              —

                              British Virgin Islands.


title: 2008/529/EC: Decision of the European Parliament of 24 April 2007 on the discharge for the implementation of the budget of the European Aviation Safety Agency for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/156

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for the implementation of the budget of the European Aviation Safety Agency for the financial year 2005
   (2008/529/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Aviation Safety Agency for the financial year 2005, together with the Agency's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (4), and in particular Article 49 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5) and, in particular, Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0121/2007),

               1.

               Grants the executive director of the European Aviation Safety Agency discharge for the implementation of the Agency's budget for the financial year 2005;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the executive director of the European Aviation Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 10

      (2)  OJ C 312, 19.12.2006, p. 6.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5).

      (5)  OJ L 357, 31.12.2002, p. 72.
    ---documentbreak---

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/157

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the budget of the European Aviation Safety Agency for the financial year 2005
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Aviation Safety Agency for the financial year 2005, together with the Agency's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (4), and in particular Article 49 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0121/2007),

               A.

               whereas the Court of Auditors stated that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2005 were reliable and that the underlying transactions, taken as a whole, were legal and regular,

               B.

               whereas on 27 April 2006 Parliament gave discharge to the director in respect of the implementation of the Agency's budget for 2004 financial year (6) and in the Resolution accompanying the discharge Decision Parliament, inter alia,

                           —

                           was concerned by the anomalies noted by the Court of Auditors in budgetary management, including a lack of any indication in the amending budgets about transfers carried out or about the reasons for these transfers and a failure to inform the Management Board about transfers and payment of advances outside the budget,

                           —

                           noted that in 2004 the Agency had not yet adopted the implementing rules for its financial regulation and had not carried out any risk analysis or prepared any internal control standards,

                           —

                           noted that staff selection procedures at the Agency have varied from one round of selections to another and urged the Commission and the Agency to agree on a transparent and coherent recruitment procedure consistent with the Agency's needs in terms of specifically qualified personnel;

         General points concerning the majority of EU Agencies requiring individual discharge

               1.

               Considers that the ever-growing number of Community Agencies and the activities of certain of them do not seem to form part of an overall policy framework, and that the remits of some Agencies do not always reflect the real needs of the Union or the expectations of its citizens, and notes that in general terms the Agencies do not always have a good image or a good press;

               2.

               Invites the Commission therefore to define an overall policy framework for the setting up of new Community Agencies and to present a cost-benefit study before the setting up of any new agency, while being careful to avoid any overlap of activities between Agencies or with the remits of other European organisations;

               3.

               Calls on the Court of Auditors to give its opinion on the cost-benefit study before Parliament takes its decision;

               4.

               Invites the Commission to present every five years a study on the added value of every existing Agency; invites all relevant institutions in the case of a negative evaluation of the added value of an Agency to take the necessary steps by reformulating the mandate of that Agency or by closing it;

               5.

               Considers it regrettable, given the growing number of regulatory agencies, that the negotiations on the draft interinstitutional agreement on the operating framework for the European regulatory agencies have not yet been concluded, and calls on the relevant departments of the Commission, in consultation with the Court of Auditors, to do their utmost to ensure that the agreement is brought to a rapid conclusion;

               6.

               Notes that the Commission's budgetary responsibility calls for closer linking of the Agencies to the Commission; calls on the Commission and the Council to take all necessary steps to give the Commission a blocking minority in the supervisory bodies of the regulatory Agencies by 31 December 2007 and to provide for such a minority from the outset when new Agencies are set up;

               7.

               Invites the Court of Auditors to create an additional chapter in its Annual Report, devoted to all Agencies to be discharged under the Commission's accounts in order to have a much clearer picture of the use of EU funds by Agencies;

               8.

               Recalls the principle according to which all Community Agencies, whether subsidised or not, are subject to discharge by the Parliament, even where a discharge authority exists by virtue of their constitutive texts;

               9.

               Calls on the Court of Auditors to perform performance audits for all Agencies and to report back to the relevant committees of Parliament, including the Committee on Budgetary Control;

               10.

               Notes that the number of Agencies is constantly increasing and that, in accordance with the Commission's political responsibility for the operation of the Agencies, which goes far beyond mere logistical support, there is an even higher need for the Directorates-General of the Commission charged with the setting up and monitoring of Agencies to develop a common approach to the Agencies; considers that a structure similar to the one created by the Agencies for coordination among the DGs concerned would be a pragmatic way forward towards a common approach by the Commission on all matters relating to the Agencies;

               11.

               Invites the Commission to improve administrative and technical support to the Agencies, taking into account the growing complexity of the Community's administrative rules and technical problems;

               12.

               Notes the lack of a disciplinary body in any of the Community Agencies, and calls on the Commission to take the necessary steps to ensure that such a mechanism is rapidly put in place;

               13.

               Welcomes the considerable improvements in the coordination among the Agencies, which allows them to tackle recurring problems and makes cooperation with the Commission and Parliament more efficient;

               14.

               Takes the view that the establishment by a number of Agencies of a shared support service aimed at making their computerised financial management systems consistent with those of the Commission is a measure that should be taken further and extended;

               15.

               Calls upon the Agencies to improve their cooperation and benchmarking with actors in the field; urges the Commission to adopt any measures it considers necessary to help the Agencies enhance their image and raise the profile of their activities;

               16.

               Calls upon the Commission to come up with a proposal to harmonise the format of the annual reporting by the Agencies and to develop performance indicators which would allow a comparison of their efficiency;

               17.

               Invites the Agencies to present at the beginning of every year performance indicators against which they could be measured;

               18.

               Invites all Agencies to increasingly use SMART objectives which should lead to more realistic planning and implementation of goals;

               19.

               Agrees with the Court of Auditors that the Commission also bears responsibility for the (financial) management of the Agencies; therefore, urges the Commission to monitor and where necessary direct and help the management of the different Agencies, especially in relation to the proper application of tender procedures, transparency of recruitment procedures, sound financial management (underspending and overbudgeting) and most importantly the proper application of the rules concerning the internal control framework;

               20.

               Considers that the Agencies' work programmes should express their contributions in operational and measurable terms and that due consideration should be given to the Commission's Internal Control Standards;

         Specific points

               21.

               Notes that the utilisation rate for commitment and payment appropriations was less than 80 % and that this situation was due to the low rate of implementation of commitment and payment appropriations (69 % and 32 % respectively) for operating expenditure; notes furthermore that the cancellation rate for appropriations for the financial year is also high (ranging from 7 % to more than 30 % depending on the title of the expenditure and the nature of the appropriations) and that the cancellation rates for appropriations carried over from the previous year are also high; invites the Agency in this context to improve and step up the monitoring of its planning so as to ensure that resources are not mobilised unnecessarily;

               22.

               Notes the failure to introduce activity-based management, even though the Agency's financial regulation provides for it, along the lines applied to the general budget, so as to allow better monitoring of performance;

               23.

               Regrets that the Management Board did not adopt minimal internal-control standards by the end of 2005 and that management and internal-control systems and procedures were not always described; notes that procedures introduced by the authorising officers to guarantee the accuracy and exhaustiveness of the financial information they submit to the accounting officer were not validated and that at the end of 2005 the Agency still did not have a system for ensuring that the fees which it charges its clients for the services it provides were sufficient to cover the cost of those services; invites the Agency to overcome this situation as quickly as possible;

               24.

               Welcomes the Management Board's decision to adopt internal-control standards based on the standards adopted by the Commission and on ISO 9000; urges the Agency to press ahead with the implementation of these standards;

               25.

               Deplores the fact that the principle of open competition was not always observed and invites the Agency to do so in the future.

      (1)  OJ C 266, 31.10.2006, p. 10.

      (2)  OJ C 312, 19.12.2006, p. 6.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5).

      (5)  OJ L 357, 31.12.2002, p. 72.

      (6)  OJ L 340, 6.12.2006, p. 128.


Avis juridique important

|

31998D0241

98/241/EC: Council Decision of 23 March 1998 concerning the approval, on behalf of the Community, of PARCOM Decision 96/1 on the phasing-out of the use of hexachloroethane in the non-ferrous metal industry

Official Journal L 096 , 28/03/1998 P. 0041 - 0041

COUNCIL DECISION of 23 March 1998 concerning the approval, on behalf of the Community, of PARCOM Decision 96/1 on the phasing-out of the use of hexachloroethane in the non-ferrous metal industry (98/241/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a, in conjunction with Article 228(2), first sentence, and (3), first subparagraph,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas by Council Decision of 3 March 1975 the Community concluded the Convention on the Prevention of Marine Pollution from Land-Based Sources (Paris Convention) (3) thus becoming a Contracting Party to this Convention;Whereas the executive body of the Paris Convention (PARCOM - Paris Commission) may adopt measures in the area of pollution prevention and that it adopted PARCOM Decision 96/1 on the phasing-out of the use of hexachloroethane in the non-ferrous metal industry;Whereas the Commission participated in the adoption of PARCOM Decision 96/1 on the basis of the authorisation granted by the Council and within the negotiating directives issued accordingly;Whereas hexachloroethane appears on the list of dangerous substances in Annex I to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (4);Whereas the provisions of PARCOM Decision 96/1 are in line with Directive 76/769/EEC;Whereas it is therefore desirable that the Community approve PARCOM Decision 96/1,HAS DECIDED AS FOLLOWS:Sole Article 1. PARCOM Decision 96/1 on the phasing-out of the use of hexachloroethane in the non-ferrous metal industry is hereby approved on behalf of the Community.The text of the said Decision is attached to this Decision.2. The Commission is hereby authorised to notify this approval to the Paris Commission.Done at Brussels, 23 March 1998.For the CouncilThe PresidentM. MEACHER(1) OJ C 364, 2. 12. 1997, p. 13. (2) OJ C 80, 16. 3. 1998. (3) OJ L 194, 25. 7. 1975, p. 5. (4) OJ L 262, 27. 9. 1976, p. 201. Directive as last amended by Commission Directive 97/64/EC (OJ L 315, 19. 11. 1997, p. 13).


title: Commission Decision (EU) 2017/1507 of 28 August 2017 amending Decision 2005/37/EC establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of technical actions to protect euro coins against counterfeiting

text:
                  29.8.2017

                  EN

                  Official Journal of the European Union

                  L 222/25

            COMMISSION DECISION (EU) 2017/1507
      of 28 August 2017
      amending Decision 2005/37/EC establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of technical actions to protect euro coins against counterfeiting
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Article 1 of Council Decision 2003/861/EC of 8 December 2003 concerning analysis and cooperation with regard to counterfeit euro coins (1),
      Having regard to Council Decision 2003/862/EC of 8 December 2003 extending the effects of Decision 2003/861/EC concerning analysis and cooperation with regard to counterfeit euro coins to those Member States which have not adopted the euro as their single currency (2),
      Whereas:

                  (1)

                  The European Technical and Scientific Centre (ETSC) provides coordination for technical actions of the competent national authorities to protect euro coins against counterfeiting. ETSC was established within the Commission, attached to the European Anti-Fraud Office (OLAF), by Commission Decision 2005/37/EC (3).

                  (2)

                  In 2014, the Commission decided to reorganise its services and to transfer the tasks related to the preparation of legislative and regulatory initiatives of the Commission with the objective of the protection of the euro against counterfeiting, and of support in that area through training and technical assistance from OLAF to the Directorate-General for Economic and Financial Affairs (DG ECFIN). Commission Decision 1999/352/EC, ECSC, Euratom (4) was amended to reflect that change.

                  (3)

                  Since the adoption of Decision 2005/37/EC, a number of additional legal acts have been adopted which allocate tasks to the ETSC. Thus, the ETSC fulfils obligations under Regulation (EU) No 1210/2010 of the European Parliament and of the Council (5), Council Regulation (EC) No 2182/2004 (6) and Council Regulation (EC) No 2183/2004 (7), and contributes to the fulfilment of the objectives of the ‘Pericles 2020’ programme pursuant to Regulation (EU) No 331/2014 of the European Parliament and of the Council (8) and Council Regulation (EU) 2015/768 (9). Those tasks should be added to the tasks expressly mentioned in Decision 2005/37/EC.

                  (4)

                  Commission Decision 2005/37/EC should therefore be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Amendments
      Decision 2005/37/EC is amended as follows:

                  (1)

                  Article 1 is replaced by the following:
                  ‘Article 1
                  1.   The European Technical and Scientific Centre (ETSC) is established within DG ECFIN in Brussels.
                  2.   For the application of this Decision, the Director-General of DG ECFIN is empowered to take the necessary actions and to conclude administrative arrangements with authorities of third countries and private entities enabling the ETSC to carry out its tasks. Those administrative arrangements may concern, in particular, the transmission and exchange of technical information.’;

                  (2)

                  Article 2 is replaced by the following:
                  ‘Article 2
                  The ETSC shall perform the following tasks:

                              (a)

                              analyse and classify every new type of counterfeit euro coin in accordance with Article 5(4) of Regulation (EC) No 1338/2001;

                              (b)

                              contribute to the fulfilment of the objectives of the Pericles 2020 programme pursuant to Regulation (EU) No 331/2014 of the European Parliament and of the Council (*1);

                              (c)

                              carry out the tasks under Articles 4, 5, 7 and 12 of Regulation (EU) No 1210/2010 of the European Parliament and of the Council (*2) and under Articles 2, 4, 5 and 6 of Council Regulation (EC) No 2182/2004 (*3);

                              (d)

                              assist the Coin National Analysis Centres (CNAC) and the law-enforcement authorities and collaborates with the relevant authorities in the analysis of counterfeit euro coins and the strengthening of protection.

                     (*1)  Regulation (EU) No 331/2014 of the European Parliament and of the Council of 11 March 2014 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles 2020’ programme) and repealing Council Decisions 2001/923/EC, 2001/924/EC, 2006/75/EC, 2006/76/EC, 2006/849/EC and 2006/850/EC (OJ L 103, 5.4.2014, p. 1)."

                     (*2)  Regulation (EU) No 1210/2010 of the European Parliament and of the Council of 15 December 2010 concerning authentication of euro coins and handling of euro coins unfit for circulation (OJ L 339, 22.12.2010, p. 1)."

                     (*3)  Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins (OJ L 373, 21.12.2004, p. 1)’;"

                  (3)

                  in the last sentence of Article 3, the word ‘OLAF’ is replaced by ‘DG ECFIN’.

            Article 2
      Entry into force
      This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         Done at Brussels, 28 August 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 325, 12.12.2003, p. 44.

         (2)  OJ L 325, 12.12.2003, p. 45.

         (3)  Commission Decision 2005/37/EC of 29 October 2004 establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of technical actions to protect euro coins against counterfeiting (OJ L 19, 21.1.2005, p. 73).

         (4)  Commission Decision 1999/352/EC, ECSC, Euratom of 28 April 1999 establishing the European Anti-fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 20).

         (5)  Regulation (EU) No 1210/2010 of the European Parliament and of the Council of 15 December 2010 concerning authentication of euro coins and handling of euro coins unfit for circulation (OJ L 339, 22.12.2010, p. 1).

         (6)  Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins (OJ L 373, 21.12.2004, p. 1).

         (7)  Council Regulation (EC) No 2183/2004 of 6 December 2004 extending to the non-participating Member States the application of Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins (OJ L 373, 21.12.2004, p. 7).

         (8)  Regulation (EU) No 331/2014 of the European Parliament and of the Council of 11 March 2014 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles 2020’ programme) and repealing Council Decisions 2001/923/EC, 2001/924/EC, 2006/75/EC, 2006/76/EC, 2006/849/EC and 2006/850/EC (OJ L 103, 5.4.2014, p. 1).

         (9)  Council Regulation (EU) 2015/768 of 11 May 2015 extending to the non-participating Member States the application of Regulation (EU) No 331/2014 of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles 2020’ programme (OJ L 121, 14.5.2015, p. 1).


title: Decision (EU) 2016/2159 of the European Parliament of 27 October 2016 on the closure of the accounts of the Artemis Joint Undertaking for the financial year 2014

text:
               8.12.2016

               EN

               Official Journal of the European Union

               L 333/64

         DECISION (EU) 2016/2159 OF THE EUROPEAN PARLIAMENT
   of 27 October 2016
   on the closure of the accounts of the Artemis Joint Undertaking for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Artemis Joint Undertaking for the financial year 2014,

               —

               having regard to the Court of Auditors' report on the annual accounts of the Artemis Joint Undertaking for the period 1 January to 26 June 2014, together with the Joint Undertaking's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 12 February 2016 on discharge to be given to Joint Undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 — C8-0055/2016),

               —

               having regard to its decision of 28 April 2016 (3) postponing the discharge decision for the financial year 2014, and the replies from the Executive Director of the ECSEL Joint Undertaking (formerly the Artemis Joint Undertaking and the ENIAC Joint Undertaking),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 209 thereof,

               —

               having regard to Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘Artemis Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (5),

               —

               having regard to Council Regulation (EU) No 561/2014 of 6 May 2014 establishing the ECSEL Joint Undertaking (6), and in particular Article 1(2) and Article 12 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (7),

               —

               having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (8),

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the second report of the Committee on Budgetary Control (A8-0276/2016),

               1.

               Approves the closure of the accounts of the Artemis Joint Undertaking for the financial year 2014;

               2.

               Instructs its President to forward this decision to the Executive Director of the ECSEL Joint Undertaking (formerly the Artemis Joint Undertaking and the ENIAC Joint Undertaking), the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 422, 17.12.2015, p. 9.

      (2)  OJ C 422, 17.12.2015, p. 10.

      (3)  OJ L 246, 14.9.2016, p. 425.

      (4)  OJ L 298, 26.10.2012, p. 1.

      (5)  OJ L 30, 4.2.2008, p. 52.

      (6)  OJ L 169, 7.6.2014, p. 152.

      (7)  OJ L 357, 31.12.2002, p. 72.

      (8)  OJ L 38, 7.2.2014, p. 2.


Avis juridique important

|

41998D0117

The Schengen acquis - Decision of the Central Group of 27 October 1998 on the adoption of measures to fight illegal immigration (SCH/C (98) 117)

Official Journal L 239 , 22/09/2000 P. 0205 - 0205

DECISION OF THE CENTRAL GROUPof 27 October 1998on the adoption of measures to fight illegal immigration(SCH/C (98)117)THE CENTRAL GROUP,Having regard to Article 132 of the Convention implementing the Schengen Agreement in conjunction with the Executive Committee Decision of 16 September 1998,HAS DECIDED AS FOLLOWS:The revised and finalised version of the action plan annexed hereto concerning measures to combat illegal immigration (SCH/Com-ex (98) 37def.) shall be brought into force pursuant to the mandate from the Executive Committee of 16 September 1998.Brussels, 27 October 1998.The ChairmanB. Schattenberg


title: 2010/616/EU: Council Decision of 7 October 2010 on the conclusion of the Agreement between the European Union and Japan on mutual legal assistance in criminal matters

text:
               15.10.2010

               EN

               Official Journal of the European Union

               L 271/3

         COUNCIL DECISION
   of 7 October 2010
   on the conclusion of the Agreement between the European Union and Japan on mutual legal assistance in criminal matters
   (2010/616/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union and in particular Article 82(1)(d), in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 26–27 February 2009 the Council authorised the Presidency, assisted by the Commission, to open negotiations for an Agreement between the European Union and Japan on mutual legal assistance in criminal matters.

               (2)

               In accordance with Council Decision 2010/88/CFSP/JHA of 30 November 2009, the Agreement between the European Union and Japan on mutual legal assistance in criminal matters (hereinafter the Agreement) was signed on 30 November and 15 December 2009, subject to its conclusion.

               (3)

               The Agreement has not yet been concluded. With the entry into force of the Treaty of Lisbon on 1 December 2009, the procedures to be followed by the Union in order to conclude the Agreement are governed by Article 218 of the Treaty on the Functioning of the European Union.

               (4)

               The Agreement should be approved.

               (5)

               In accordance with Article 3 of the Protocol on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, these Member States have notified their wish to take part in the adoption and application of this Decision.

               (6)

               In accordance with Articles 1 and 2 of the Protocol on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Japan on mutual legal assistance in criminal matters (1) is hereby approved on behalf of the Union.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to proceed, on behalf of the Union, to the exchange of the instruments of approval provided for in Article 31(1) of the Agreement in order to bind the Union (2).
   Article 3
   This Decision shall enter into force on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 7 October 2010.

            For the Council

            The President

         M. WATHELET

      (1)  The text of the Agreement has been published in OJ L 39, 12.2.2010, p. 20 together with the decision on signature.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Council Decision 2011/537/CFSP of 12 September 2011 amending and extending Decision 2010/576/CFSP on the European Union Police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo)

text:
               13.9.2011

               EN

               Official Journal of the European Union

               L 236/8

         COUNCIL DECISION 2011/537/CFSP
   of 12 September 2011
   amending and extending Decision 2010/576/CFSP on the European Union Police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,
   Whereas:

               (1)

               On 23 September 2010, the Council adopted Decision 2010/576/CFSP on the European Union Police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo) (1).

               (2)

               On 28 June 2011 the Political and Security Committee (PSC) endorsed the recommendation that EUPOL RD Congo should be extended for 1 further year.

               (3)

               EUPOL RD Congo should consequently be extended until 30 September 2012.

               (4)

               It is also necessary to lay down the financial reference amount intended to cover the expenditure related to EUPOL RD Congo for the period from 1 October 2011 to 30 September 2012.

               (5)

               The Mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/576/CFSP is hereby amended as follows:

               (1)

               Article 1(1) is replaced by the following:
               ‘Article 1
               The Mission
               The European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (hereinafter referred to as “EUPOL RD Congo” or “the Mission”), established by Joint Action 2007/405/CFSP, shall be extended for the period from 1 October 2010 to 30 September 2012.’;

               (2)

               Article 2 is replaced by the following:
               ‘Article 2
               Mission Statement
               1.   In order to improve the maturity and sustainability of the reform process of the Congolese National Police (PNC), EUPOL RD Congo shall assist the Congolese authorities in the implementation of the Police Action Plan, covering the priorities of the Police Reform process for the period 2010-12, and building on the guidelines of the Strategic Framework. The mission will contribute to local and international efforts for the reinforcement of PNC capabilities, which are also needed in view of the security of the forthcoming elections. EUPOL RD Congo shall focus on concrete activities and projects to underpin its action at the strategic level of the reform process, on capacity building and on enhancement of the interaction between the PNC and the wider criminal justice system with a view to better supporting the fight against sexual violence and impunity. EUPOL RD Congo shall work in close coordination and cooperation with other Union, international and bilateral donors, with a view to avoiding duplication of efforts.
               2.   The particular objectives of the Mission shall be:

                           (a)

                           to support the PNC and Ministry of Interior and Security (MIS) in the finalisation of the concepts of the Police Reform and its implementation, through operational advice, as a basic pillar of the mandate of the Mission;

                           (b)

                           to enhance the operational capacity of the Congolese National Police through mentoring, monitoring and advising as well as training activities, as a basic pillar of the mandate of the Mission;

                           (c)

                           to support the fight against impunity in the fields of human rights and sexual violence, and to reinforce the interaction of the Police and the Judiciary, as a cross-cutting horizontal component of the mandate, influencing all activities of the Mission.

                     3.   The Mission shall have a Project Cell for identifying and implementing projects. The Mission shall advise the Member States and third States and shall coordinate and facilitate, under their responsibility, the implementation of their projects in fields which are of interest to the Mission and in furtherance of its objectives.’;

               (3)

               Article 3 is deleted;

               (4)

               Article 5(6) is deleted;

               (5)

               Article 6(7) is replaced by the following:
               ‘7.   The Head of Mission shall coordinate, as appropriate, the actions of EUPOL RD Congo with other Union actors on the ground.’;

               (6)

               Article 12(1) is replaced by the following:
               ‘1.   The Civilian Operations Commander, in coordination with the European External Action Service Security Office, shall direct the Head of Mission planning of security measures and ensure their proper and effective implementation for EUPOL RD Congo in accordance with Articles 5 and 9.’;

               (7)

               in Article 14(1) a second subparagraph is added as follows:
               ‘The financial reference amount intended to cover the expenditure related to the Mission for the period from 1 October 2011 to 30 September 2012 shall be EUR 7 150 000.’;

               (8)

               in Article 18, the second paragraph is replaced by the following:
               ‘It shall apply from 1 October 2010 to 30 September 2012.’.

         Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 12 September 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 254, 29.9.2010, p. 33.