title: 86/583/EEC: Council Decision of 3 November 1986 concluding an Additional Protocol to the Agreement between the European Community and the Polish People' s Republic on trade in textile products consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

text:
No L 338 / 40                           Official Journal of the European Communities                                    29 . 11 . 86
                                                     COUNCIL DECISION
                                                      of 3 November 1986
                 concluding an Additional Protocol to the Agreement between the European Economic
                 Community and the Polish People's Republic on trade in textile products consequent on the
                      accession of the Kingdom of Spain and the Portuguese Republic to the Community
                                                         ( 86 / 583 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Republic on trade in textile products consequent on the
                                                                       accession of the Kingdom of Spain and the Portuguese
Having regard to the Treaty establishing the European                  Republic to the Community is hereby approved on behalf of
Economic Community , and in particular Article 113                     the Community .
thereof,
                                                                       The text of the Protocol is attached to this Decision .
Having    regard    to   the   recommendation      from    the
Commission ,
Whereas it is necessary to approve the Additional Protocol to                                    Article 2
the Agreement between the European Economic Community
and the Polish People's Republic on trade in textile products          The President of the Council shall give the notification
to take account of the accession to the Community of the               provided for in Article 4 of the Additional Protocol .
Kingdom of Spain and the Portuguese Republic ,
HAS DECIDED AS FOLLOWS :
                                                                       Done at Brussels , 3 November 1986 .
                           Article 1                                                                               For the Council
                                                                                The President
The Additional Protocol to the Agreement between the
European Economic Community and the Polish People's                                                                   A. CLARK


title: Decision No H2 of 12 June 2009 concerning the methods of operation and the composition of the Technical Commission for data processing of the Administrative Commission for the coordination of social security systems (Text of relevance to the EEA and to the EC/Switzerland Agreement)

text:
               24.4.2010

               EN

               Official Journal of the European Union

               C 106/17

         DECISION No H2
   of 12 June 2009
   concerning the methods of operation and the composition of the Technical Commission for data processing of the Administrative Commission for the coordination of social security systems
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 106/06
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission shall foster and develop cooperation between Member States by modernising procedures for the exchange of information, in particular by adapting the information flow between institutions for the purpose of exchange by electronic means, taking account of the development of data processing in each Member State; and adopt the common structural rules for data-processing services, in particular on security and the use of standards, and shall lay down provisions for the operation of the common part of those services,
   Having regard to Article 73 of Regulation (EC) No 883/2004, under which the Administrative Commission shall set up and determine the methods of operation and composition of a Technical Commission, which shall deliver reports and a reasoned opinion before decisions are taken by the Administrative Commission pursuant to Article 72(d),
   HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Administrative Commission sets up the Technical Commission for data processing provided for in Article 73(1) of Regulation (EC) No 883/2004. It shall be called ‘the Technical Commission’.
   2.   The Technical Commission shall have the functions laid down in Article 73(2) of Regulation (EC) No 883/2004.
   3.   The mandate with regard to the specific tasks of the Technical Commission shall be set by the Administrative Commission who may modify these tasks as required.
   Article 2
   The Technical Commission shall adopt its reports and reasoned opinions where necessary on the basis of technical documents and studies. It can request from national administrations any information it deems necessary for appropriate accomplishment of its tasks.
   Article 3
   1.   The Technical Commission shall be composed of two members from each Member State, one of whom shall be nominated as the standing member, with the other designated as his deputy. The nominations from each Member State shall be forwarded to the Secretary-General of the Administrative Commission by the government representative for the Member State on the Administrative Commission.
   2.   Reports and reasoned opinions shall be adopted by simple majority of all members of the Technical Commission, each Member State having a single vote that shall be cast by the standing member or in his absence by his deputy. The reports or reasoned opinions of the Technical Commission must indicate whether they were reached unanimously or by simple majority. They must, should there be a minority, set out conclusions or reservations of the minority.
   3.   The Technical Commission may decide to adopt reports and reasoned opinions by the use of written procedure if such a procedure was agreed at a prior meeting of the Technical Commission.
   To this end the Chairman shall communicate the text to be adopted to the members of the Technical Commission. The Members shall be given a set time limit of at least 10 working days, within which Members shall have the possibility to state that they reject the proposed text or abstain from the voting. No response within the set time limit shall be considered as an affirmative vote.
   The Chair may also decide to launch a written procedure in case no prior agreement had been obtained in a meeting of the Technical Commission. In such a case, only written agreements to the proposed text shall be counted as affirmative votes and the set time limit of at least 15 working days shall be given.
   The Chairman shall, at the expiry of the set time limit, inform the members of the result of the voting. A decision having received the required number of affirmative votes shall be considered adopted on the last day set for the period within which members were asked to respond.
   4.   If a member of the Technical Commission in the course of the written procedure proposes that the text shall be amended, the Chairman shall either:

               (a)

               recommence the written procedure by communicating the proposed amendment to the members in accordance with the procedure in paragraph 3; or

               (b)

               cancel the written procedure in order to have the matter discussed at the next meeting;

         depending on which procedure the Chairman considers appropriate for the matter in question.
   5.   If a member of the Technical Commission, before the expiry of the time limit set for responding, requests that the proposed text shall be examined at a meeting with the Technical Commission, the written procedure shall be cancelled.
   The matter shall then be examined at the following meeting of the Technical Commission.
   6.   A representative of the Commission of the European Communities or a person designated by him shall act in a consultative capacity within the Technical Commission.
   Article 4
   The office of Chairman of the Technical Commission shall be held each half-year by either the standing member or another designated official belonging to the State whose representative on the Administrative Commission holds the office of Chairman of that Commission for the same period. The Chairman of the Technical Commission shall report on the activities of the Technical Commission as required by the Chairman of the Administrative Commission.
   Article 5
   The Technical Commission may set up ad-hoc working groups to consider specific issues. The Technical Commission shall describe the tasks to be taken forward by such working groups, the timetable for completion of those tasks and the financial implications of its action in the work programme mentioned in Article 7.
   Article 6
   The Secretariat of the Administrative Commission shall prepare and organise the meetings of the Technical Commission and draw up the minutes thereof.
   Article 7
   The Technical Commission shall submit a detailed work programme to the Administrative Commission for its approval. The Technical Commission shall also report each year, to the Administrative Commission, on its activities and achievements in relation to the work programme and with any proposals for amending it.
   Article 8
   Any proposed action of the Technical Commission involving expenses to be borne by the Commission of the European Communities is subject to the approval of the representative of that institution.
   Article 9
   The languages of the Technical Commission shall be the same as those recognised as official languages of the Community institutions in accordance with the Article 290 of the Treaty.
   Article 10
   The supplementary rules laid down in the attached Annex shall also apply to the Technical Commission.
   Article 11
   This decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009 of the European Parliament and of the Council (2).

            The Chair of the Administrative Commission

         Gabriela PIKOROVÁ

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.

      ANNEX

         SUPPLEMENTARY RULES OF THE TECHNICAL COMMISSION

      1.   Attendance at meetings

                  (a)

                  If the Chairman in office is prevented from attending a meeting of the Technical Commission, his deputy shall act as chairman.

                  (b)

                  Members may be accompanied at the meetings of the Technical Commission by one or more additional experts where this is necessary because of the nature of the subjects to be dealt with. Each delegation may, as a rule, consist of not more than four persons.

                  (c)

                  The representative of the Commission of the European Communities or a member of the Secretariat or any other person designated by the Secretary-General of the Administrative Commission shall attend all meetings of the Technical Commission or its ad-hoc working groups. Those meetings may furthermore be attended, where this is relevant to the question to be dealt with, by a representative of other departments of the Commission of the European Communities.

            2.   Voting

                  (a)

                  When a standing member of the Technical Commission holds the office of Chairman, his deputy shall vote in his place.

                  (b)

                  Any member present when a vote is taken who abstains from voting shall be invited by the chairman to state his reasons for abstaining.

                  (c)

                  When the majority of members present abstain, the proposal put to the vote shall be considered as not having been taken into consideration.

            3.   Agenda

                  (a)

                  The provisional agenda of each meeting of the Technical Commission shall be drawn up by the Secretariat in consultation with the chairman of the Technical Commission. Before proposing to include an item in the agenda, the Secretariat may, where this appears necessary, ask the delegations concerned to make their views on this question known in writing.

                  (b)

                  The provisional agenda shall, in principle, comprise items for which a request submitted by a member or by the representative of the Commission of the European Communities and, where appropriate, notes relating to it have been received by the Secretariat at least 20 working days before the beginning of the meeting.

                  (c)

                  The provisional agenda shall be sent at least 10 working days before the beginning of each meeting to the members of the Technical Commission, the representative of the Commission of the European Communities, and any other person expected to be attending the meeting. The documents relating to the items on the agenda shall be sent to them as soon as they are available.

                  (d)

                  At the beginning of each meeting the Technical Commission shall approve the agenda of the meeting. A unanimous vote of the Technical Commission is required for the inclusion in the agenda of any items other than those appearing on the provisional agenda. Except in cases of urgency, members of the Technical Commission may reserve their final position until the following meeting with regard to items appearing on the provisional agenda for which they have not received the relevant documents in their own language five working days before the beginning of the meeting.

            4.   Ad-hoc working groups

                  (a)

                  Ad-hoc working groups shall be presided over by an expert designated by the Chairman of the Technical Commission in consultation with the representative of the Commission of the European Communities or, failing this, by an expert representing the State whose representative on the Administrative Commission holds the office of Chairman of that Commission.

                  (b)

                  The Chairman of the ad-hoc working group shall be summoned to the meeting of the Technical Commission in the course of which the report of that ad-hoc working group is discussed.

            5.   Administrative matters

                  (a)

                  The Chairman of the Technical Commission may give the Secretariat any instructions for meetings to be held and for the performance of activities that are within the scope of the functions of the Technical Commission.

                  (b)

                  The Technical Commission shall be convened by a letter of convocation sent to the members and the representative of the Commission of the European Communities 10 working days before the meeting by the Secretariat in consultation with the Chairman of the Technical Commission.


Avis juridique important

|

31983D0126

83/126/EEC: Commission Decision of 30 March 1983 terminating the anti-dumping proceeding concerning imports of television image and sound recorders or reproducers originating in Japan

Official Journal L 086 , 31/03/1983 P. 0023 - 0023

*****COMMISSION  DECISION  of 30 March 1983  terminating the anti-dumping proceeding concerning imports of television image and sound recorders or reproducers originating in Japan  (83/126/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 9 thereof,  After consultation within the Advisory Committee as provided for by that Regulation,  Whereas in December 1982 the Commission received a complaint lodged by the 'Association of Firms with Common Interest in Video 2000' on behalf of producers representing virtually the entire Community video tape-recorder industry;  Whereas, since the complaint provided sufficient evidence of the existence of dumping and the injury resulting therefrom, the Commission announced, by a notice published in the Official Journal of the European Communities (3), the initiation of a proceeding concerning imports of television image and sound recorders or reproducers, falling within subheading 92.11 B of the Common Customs Tariff (NIMEXE code 92.11-80) and originating in Japan;  Whereas the Commission commenced the investigation by seeking from the parties involved the information necessary for the assessment of dumping and injury;  Whereas on 18 March 1983 the Commission was informed by the complainant that it was withdrawing its complaint following the implementation of the unilateral decision taken by the Japanese authorities to moderate in 1983 and 1984 the exports of television image and sound recorders or reproducers from Japan to the European Economic Community and to set up an export floor-price system;  Whereas, under these circumstances, the continuation of the proceeding concerning these products originating in Japan is not in the interest of the Community and protective measures are at present unnecessary;  Whereas it is, therefore, appropriate to terminate the proceeding concerning imports of television image and sound recorders or reproducers originating in Japan,  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping proceeding concerning imports of television image and sound recorders or reproducers originating in Japan is hereby terminated.  Done at Brussels, 30 March 1983.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 14. 6. 1982, p. 2.  (3) OJ No C 338, 24. 12. 1982, p. 27.


title: 2012/504/EU: Commission Decision of 17 September 2012 on Eurostat

text:
               18.9.2012

               EN

               Official Journal of the European Union

               L 251/49

         COMMISSION DECISION
   of 17 September 2012
   on Eurostat
   (2012/504/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics (1) provides the basic legal framework for European statistics. That Regulation refers to the Commission (Eurostat) as the Union’s statistical authority responsible for the development, production and dissemination of European statistics.

               (2)

               European statistics should be developed, produced and disseminated by Eurostat in accordance with the statistical principles set out in the Treaty on the Functioning of the European Union and in Regulation (EC) No 223/2009, and further elaborated in the European statistics Code of Practice as reviewed and updated by the European Statistical System Committee on 28 September 2011.

               (3)

               Regulation (EC) No 223/2009 also provides for the protection of confidential data, which should be used exclusively for statistical purposes.

               (4)

               The Commission has undertaken to reinforce the statistical governance in the Union and to respect the above statistical principles (2). This commitment was confirmed and further developed in the Communication of 15 April 2011 to the European Parliament and the Council ‘Towards robust quality management for European Statistics’ (3). The present Decision should be regarded as a renewed commitment from the Commission on confidence in European statistics developed, produced and disseminated by Eurostat.

               (5)

               Recent developments in the Union’s economic governance framework have had an impact on the statistical domain and should be taken into account. This concerns, in particular, statistical independence as laid down in Regulation (EU) No 1175/2011 of the European Parliament and of the Council of 16 November 2011 amending Council Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (4).

               (6)

               In this context, the powers of the Commission as appointing authority with regard to the recruitment, transfer and dismissal of the Director-General of Eurostat should be exercised, in accordance with the Staff Regulations, with due regard to the need to guarantee independence, objectivity and efficiency in the exercise of his or her responsibilities, and following a transparent procedure based on professional criteria only.

               (7)

               In addition, Eurostat has been assigned specific tasks by Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (5).

               (8)

               Furthermore, as set out in the Communication from the Commission to the European Parliament and the Council on ‘the production method of EU statistics: a vision for the next decade’ (6), Eurostat should provide a high-quality statistical service by also enhancing relations with the Union bodies in order to anticipate statistical needs and advance the usage of existing statistics. This also involves building closer relations with other services of the Commission.

               (9)

               Statistics should be defined with reference to Regulation (EC) No 223/2009. For the purposes of this Decision, a distinction should also be made between European statistics and other statistics.

               (10)

               Setting policy objectives and determining the information required to achieve these objectives is a matter for policymakers. Those activities should therefore fall within the mandate and responsibilities of the concerned Commission services, while Eurostat should ensure the programming of activities related to European statistics, taking into account user needs, relevant policy developments and resource constraints.

               (11)

               Commission activities related to other statistics should be subject to a planning and coordination exercise with a view to ensuring consolidated information on these activities. This exercise should be steered by Eurostat and its scope limited to subjects upon which there is mutual agreement between the Commission services concerned and Eurostat.

               (12)

               European statistics are determined by the European statistical programme and the corresponding annual work programme.

               (13)

               To secure public trust in European statistics and to promote high-quality statistics developed, produced and disseminated by Eurostat, a process for labelling European statistics should be developed and applied.

               (14)

               The development, production and dissemination of high-quality European statistics should be safeguarded by the Director-General of Eurostat, who is the Chief Statistician. In addition, his or her tasks should include coordinating the statistical activities of the Commission with a view to ensuring quality and minimising reporting burden. Therefore, the Chief Statistician should also be consulted on the development and production of other statistics.

               (15)

               Close cooperation between Eurostat and other Commission services on statistical activities and the appropriate coordination of these activities by the Chief Statistician should ensure the coherence and comparability of European statistics and a better response to future challenges, in particular the need to minimise response burden and administrative burden. For the same purposes, access to administrative data sources within the Commission should be provided to the extent necessary and cost-effective for the development, production and dissemination of European statistics.

               (16)

               Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7) is applicable to the extent Eurostat processes personal data. In addition, European statistics produced on the basis of personal data should be gender-disaggregated when relevant.

               (17)

               It is therefore necessary to further define and clarify Eurostat’s role and responsibilities within the Commission.

               (18)

               Commission Decision 97/281/EC of 21 April 1997 on the role of Eurostat as regards the production of Community statistics (8) should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   This Decision defines the role and responsibilities of Eurostat within the internal organisation of the Commission, as regards the development, production and dissemination of statistics.
   Article 2
   Definitions
   For the purposes of this Decision, the following definitions apply:

               (1)

               ‘Statistics’ mean statistics as defined in Article 3(1) of Regulation (EC) No 223/2009. They are either European statistics or other statistics;

               (2)

               ‘European statistics’ means statistics as referred to in Article 1 of Regulation (EC) No 223/2009 and as determined by the European statistics annual work programme;

               (3)

               ‘Other statistics’ means statistics that are not European statistics and that are identified in the planning and coordination exercise referred to in Article 5(2).

         Article 3
   Eurostat
   Eurostat is the statistical authority of the Union referred to in Article 6(1) of Regulation (EC) No 223/2009. It is a service of the Commission, headed by a Director-General.
   Article 4
   Statistical principles
   Eurostat shall develop, produce and disseminate European statistics in accordance with the statistical principles of professional independence, impartiality, objectivity, reliability, statistical confidentiality and cost-effectiveness as defined in Article 2(1) of Regulation (EC) No 223/2009 and as further elaborated in the European statistics Code of Practice.
   Article 5
   Planning and programming
   1.   Activities related to European statistics shall be determined by the European statistical programme referred to in Article 13 of Regulation (EC) No 223/2009, and by the annual work programme referred to in Article 17 of that Regulation.
   2.   Activities related to other statistics shall be subject to and identified through a planning and coordination exercise steered by Eurostat. The scope of this exercise shall be limited to subjects upon which there is mutual agreement between the Commission services concerned and Eurostat.
   3.   Specific inter-service agreements may be established between Eurostat and the other services of the Commission for the purpose of these activities, including also activities related to administrative records.
   Article 6
   Tasks of Eurostat
   1.   Eurostat shall be in charge of the development, production and dissemination of European statistics.
   To this end, Eurostat shall, in particular:

               (a)

               collect and aggregate the statistical information necessary to compile European statistics;

               (b)

               develop and promote statistical standards, methods and procedures;

               (c)

               steer the European Statistical System, strengthen cooperation among its partners, and ensure its leading role in official statistics worldwide;

               (d)

               cooperate with international organisations and third countries in order to facilitate the comparability of European statistics with statistics produced in other statistical systems and, where appropriate, support third countries in the improvement of their statistical systems.

         2.   Eurostat shall ensure that European statistics are made accessible to all users in accordance with statistical principles, in particular the principles of professional independence, impartiality and statistical confidentiality.
   In this respect, Eurostat shall provide the technical explanations and the support necessary for the use of European statistics and may use appropriate communication channels for the purpose of statistical news releases.
   3.   Eurostat shall ensure cooperation and regular constructive dialogue with other services of the Commission and, where necessary, with data providers with a view to taking into account user needs, relevant policy developments and other initiatives. To this end, those Commission services that are potential users of specific European statistics shall be informed and involved from an early stage in the development of new or changed statistics, among other things in order to understand the potential policy implications of new or changed statistical methods, standards and definitions.
   4.   Eurostat shall coordinate the development and production of other statistics. For that purpose, it shall:

               (a)

               optimise the use of existing information that can be used for statistical purposes, in order to ensure quality and minimise burden for respondents; Eurostat shall invite any service of the Commission concerned to contribute for that purpose;

               (b)

               be informed by all services of the Commission about the scope and quality characteristics of statistics produced by them, about significant changes in the methodology for the production of statistics, and about new data collections planned;

               (c)

               provide guidance, appropriate training and expert services to other Commission services necessary for the development and production of other statistics, subject to available resources.

         Article 7
   Director-General of Eurostat
   1.   With regard to European statistics, the Director-General of Eurostat shall have sole responsibility for deciding on processes, statistical methods, standards and procedures, or on the content and timing of statistical releases, in accordance with the European statistical programme and the annual work programme. When carrying out these statistical tasks, the Director-General of Eurostat shall act in an independent manner; he or she shall neither seek nor take instructions from the Union institutions or bodies, from any government of a Member State, or from any other institution, body, office or entity.
   2.   The Director-General of Eurostat shall act as authorising officer for the implementation of the appropriations allocated to Eurostat.
   Article 8
   Chief Statistician
   1.   The Director-General of Eurostat shall be regarded as the Chief Statistician.
   2.   The Chief Statistician shall:

               (a)

               be in charge of the development, production and dissemination of European statistics within the Commission;

               (b)

               be responsible for coordination of the development and production of other statistics as referred to in Articles 5(2) and 6(4);

               (c)

               represent the Commission in international statistical forums, notably for the purposes of coordinating the statistical activities of the institutions and bodies of the Union as referred to in Article 6(3) of Regulation (EC) No 223/2009;

               (d)

               chair the European Statistical System Committee referred to in Article 7 of Regulation (EC) No 223/2009;

               (e)

               prepare the programmes referred to in Article 5(1) of this Decision in close consultation with other services of the Commission, taking into account as far as possible user needs and other relevant developments;

               (f)

               liaise between the European Statistical System (ESS) and the European Statistical Governance Advisory Board in all matters relating to the implementation of the European statistics Code of Practice within the ESS as a whole.

         3.   Any service that intends to undertake activities involving the production of statistics shall consult the Chief Statistician at an early stage in the preparation of the activities concerned. The Chief Statistician may make recommendations in this regard. Initiatives not related to the development, production and dissemination of European statistics, especially in cases of specific inter-service agreements, shall fall entirely under the responsibility of the concerned service.
   Article 9
   Access to administrative records
   1.   In order to reduce the burden on respondents, Eurostat shall have the right to access administrative data within the Commission services, subject to confidentiality rules established in Union legislation, and to integrate these administrative data with statistics to the extent that these data are relevant for the development, production and dissemination of European statistics.
   2.   Eurostat shall be consulted on and may be involved in the initial design, subsequent development and discontinuation of administrative registers and databases built up and maintained by other Commission services, in order to facilitate further use of the data contained in these registers and databases for the purposes of European statistics. To that end, Eurostat shall have the right to propose standardisation activities concerning administrative records that are relevant for the production of European statistics.
   3.   To enhance the effectiveness of the provisions of this Article, each service of the Commission shall ensure that access to administrative data is granted to Eurostat upon request to the extent necessary for the development, production and dissemination of European statistics, in accordance with confidentiality rules established in Union legislation.
   Article 10
   European statistics Code of Practice
   1.   In accordance with Article 11 of Regulation (EC) No 223/2009, European statistics shall be developed, produced and disseminated by Eurostat in accordance with the European statistics Code of Practice as reviewed and updated by the European Statistical System Committee.
   2.   Eurostat shall involve the European Statistical Governance Advisory Board in all actions concerning the European statistics Code of Practice in accordance with the mandate of the Board.
   3.   Eurostat shall monitor the effective implementation of the European statistics Code of Practice by national statistical authorities.
   Article 11
   Quality assurance and labelling
   1.   Eurostat shall ensure the quality management of European statistics. For that purpose, and on the basis of established quality criteria, while answering user needs for statistics with different quality profiles, Eurostat shall:

               (a)

               monitor and assess the quality of the data that it collects or receives, and report upon the quality of the European statistics that it disseminates;

               (b)

               promote and apply a labelling process for European statistics;

               (c)

               verify the data that are under Eurostat’s responsibility in the context of the Union’s enhanced economic governance and apply all the powers that have been specifically granted to Eurostat in the relevant procedures.

         2.   Eurostat shall establish a quality assurance framework, reflecting the measures in place or to be taken in order to ensure the proper implementation of the European statistics Code of Practice.
   Article 12
   Use of confidential data
   1.   The Director-General of Eurostat shall take all necessary measures to ensure that statistical confidentiality is respected.
   2.   Data that are considered confidential pursuant to Article 3(7) of Regulation (EC) No 223/2009 shall, according to the provisions of Chapter V of the same Regulation, be accessible only to officials and other staff of Eurostat and other natural persons working for Eurostat under contract, wherever such data are necessary for the production of European statistics and within their specific domain of work.
   3.   The Director-General of Eurostat shall, in addition, take all necessary measures to protect data whose disclosure would cause prejudice to Union interests, or to the interests of the Member State to which they relate.
   Article 13
   Repeal
   Decision 97/281/EC is repealed.
   References to the repealed Decision shall be construed as references to this Decision.

      Done at Brussels, 17 September 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 87, 31.3.2009, p. 164.

      (2)  Communication from the Commission to the European Parliament and to the Council on the independence, integrity and accountability of the national and Community statistical authorities, COM(2005) 217 final.

      (3)  COM(2011) 211 final.

      (4)  OJ L 306, 23.11.2011, p. 12.

      (5)  OJ L 145, 10.6.2009, p. 1.

      (6)  COM(2009) 404 final.

      (7)  OJ L 8, 12.1.2001, p. 1.

      (8)  OJ L 112, 29.4.1997, p. 56.


title: Decision No S6 of 22 December 2009 concerning the registration in the Member State of residence under Article 24 of Regulation (EC) No 987/2009 and the compilation of the inventories provided for in Article 64(4) of Regulation (EC) No 987/2009 (Text of relevance to the EEA and to the EC/Switzerland Agreement)

text:
               27.4.2010

               EN

               Official Journal of the European Union

               C 107/6

         DECISION No S6
   of 22 December 2009
   concerning the registration in the Member State of residence under Article 24 of Regulation (EC) No 987/2009 and the compilation of the inventories provided for in Article 64(4) of Regulation (EC) No 987/2009
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 107/04
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 (2),
   Having regard to Article 35(2) of the aforementioned Regulation (EC) No 883/2004,
   Having regard to Articles 24, 64(4) and (6) of Regulation (EC) No 987/2009 and Article 74 of Regulation (EC) No 883/2004,
   Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,
   HAS DECIDED AS FOLLOWS:
   The rules for registration according to Article 24 of Regulation (EC) No 987/2009 (hereinafter ‘Implementing Regulation’) and for keeping an inventory provided for in Article 64(4) of the Implementing Regulation shall be as following:
   I.   Registration provided for in Article 24 of the Implementing Regulation

               1.

               For the purposes of applying Article 24 of the Implementing Regulation, the following procedure shall be laid down.
               The competent institution shall forward at the request of person concerned a relevant document according to Article 17, 22, 24, 25 or 26 of Regulation (EC) No 883/2004 (hereinafter ‘Basic Regulation’) and Article 24(1) of the Implementing Regulation (hereinafter ‘entitlement document’) to the person concerned, who must submit this document to the institution of the place of his/her residence when registering for the granting of benefits in kind.
               At the request of the institution of the place of residence, the competent institution shall forward an entitlement document to that institution.
               The competent institution shall inform the institution of the place of residence of any change or cancellation of the entitlement document. The receiving institution must either confirm, or contest that change or cancellation to the sending institution.
               The institution of the place of residence shall inform the competent institution about the registration of the person concerned as well as of any change or cancellation of such registration. The information shall be provided as soon as the information essential for this purpose becomes available to the institution of the place of residence. The receiving institution must either confirm, or contest that change or cancellation to the sending institution.

               2.

               The date with effect from which the cost of benefits in kind shall be reimbursable according to Articles 35 and 41 of the Basic Regulation and Articles 62 and 63 of the Implementing Regulation is:

                           (a)

                           the date on which entitlement to benefits in kind is acquired under the legislation of the competent Member State, recorded in the entitlement document;

                           (b)

                           the date of change of residence or registration where this is subsequent to the date referred to under (a) above and is recorded in the document issued by the institution of the place of residence according to Article 24(2) of the Implementing Regulation.

                     If the members of the family of an insured person, the pensioner or one of the members of his family are still entitled to receive benefits, in connection with carrying out a professional activity or receiving a replacement income, under the legislation of their country of residence or of another Member State, on a priority basis, in accordance with the Regulations, the registration shall begin at the day following the date on which such entitlement ends.

               3.

               The date with effect from which the cost of benefits in kind shall cease to be paid according to Articles 35 and 41 of the Basic Regulation and Articles 62 and 63 of the Implementing Regulation is the date of cancellation of registration notified by the institution of the place of residence to the competent institution or the date of cancellation of the entitlement document notified by the competent institution to the institution of the place of residence.
               This date shall be stated in the cancellation document and shall be the date on which the entitlement document ceases to apply, namely,

                           (i)

                           the date of death or the date on which the person concerned changes residence to another Member State;

                           (ii)

                           the date on which entitlement to benefits in kind under the legislation of the country of residence or of another Member State is acquired, in accordance with the Regulations, in connection with the carrying out of a professional activity or in connection with the granting of a pension;

                           (iii)

                           the date from which family members cease to meet the conditions of entitlement to benefits in kind as family members under the legislation of the Member State of residence.

                     It is incumbent upon all national institutions to act so as to minimise the time period between the end date of the entitlement or the registration and the date when the cancelation document is communicated. In particular the determination of residence of the insured person should be based on proper scrutiny as per Article 11 of the Implementing Regulation.

         II.   Inventory provided for in Article 64(4) of the Implementing Regulation

      Family members of insured persons, pensioners and/or members of their families

               1.

               The institution of the place of residence of the Member State that is listed in Annex 3 to the Implementing Regulation shall calculate the fixed amount of benefits in kind provided to family members of the insured person according to Article 17 of the Basic Regulation and to pensioners and/or members of their families according to Article 24, 25 or 26 of the Basic Regulation on the basis of an inventory kept for that purpose up to date, by taking as a basis its own information or that provided by the competent institution concerning acquisition of entitlement or suspension or withdrawal of such entitlement.
               The inventories referred to in Article 64(4) of the Implementing Regulation shall indicate the number of monthly fixed amounts due in respect of a single year for each family member of an insured person, pensioner and/or member of his/her family.

               2.

               For the purposes of calculating the number of monthly lump-sum payments, the period during which the persons concerned may claim benefits shall be counted in months.
               The number of months shall be obtained by counting as a whole month the calendar month which contains the day from which the calculation of the fixed amounts has been made.
               The calendar month during which entitlement has ceased shall not be counted unless it is a complete month.
               If the total period is less than one month, it shall be counted as a month.
               In case a person moves from one age group to another during the period claimed, the month in which the change of age group appears is completely counted into the higher age group.

         III.   Final provisions

   This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of the Implementing Regulation.

            The Chair of the Administrative Commission

         Lena MALMBERG

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.


Avis juridique important

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31995D0283

95/283/EC: Council Decision of 13 July 1995 appointing an alternate member of the Committee of the Regions

Official Journal L 181 , 01/08/1995 P. 0021 - 0021

COUNCIL DECISION of 13 July 1995 appointing an alternate member of the Committee of the Regions (95/283/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198 a thereof,Having regard to Council Decision 94/65/EC of 26 January 1994 appointing members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),Whereas an alternate member's seat has become vacant on the Committee of the Regions following the resignation of Mrs Hinz, of which the Council was informed on 4 May 1995;Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole Article Mrs Kristiane Weber-Hassemer is hereby appointed an alternate member of the Committee of the Regions in place of Mrs Hinz for the remainder of the latter's term of office, which runs until 25 January 1998.Done at Brussels, 13 July 1995.For the CouncilThe PresidentP. SOLBES MIRA(1) OJ No L 31, 4. 2. 1994, p. 29.


title: Commission Decision (EU) 2017/133 of 25 January 2017 on the maintenance with a restriction in the Official Journal of the European Union of the reference of harmonised standard EN 14342:2013 ‘Wood flooring and parquet: Characteristics, evaluation of conformity and marking’ in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council (Text with EEA relevance. )

text:
               26.1.2017

               EN

               Official Journal of the European Union

               L 21/113

         COMMISSION DECISION (EU) 2017/133
   of 25 January 2017
   on the maintenance with a restriction in the Official Journal of the European Union of the reference of harmonised standard EN 14342:2013 ‘Wood flooring and parquet: Characteristics, evaluation of conformity and marking’ in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (1), and in particular Article 18(2) thereof,
   Whereas:

               (1)

               Pursuant to Regulation (EU) No 305/2011, harmonised standards foreseen in Article 17 are to fulfil the requirements of the harmonised system set out in or by means of this Regulation.

               (2)

               In July 2013, the European Committee for Standardisation (CEN) adopted the harmonised standard EN 14342:2013 ‘Wood flooring and parquet: Characteristics, evaluation of conformity and marking’. The reference of the standard was subsequently published in the Official Journal of the European Union
                   (2).

               (3)

               On 21 August 2015 Germany launched a formal objection in respect of the harmonised standard EN 14342:2013. The formal objection referred to Clause 4.4 of that standard, concerning the assessment methods and criteria for certain dangerous substances, and demanded the withdrawal of the reference of the standard from the Official Journal of the European Union or, alternatively, a restriction excluding Clause 4.4 of that standard from the scope of that reference.

               (4)

               According to Germany, that standard does not contain any harmonised methods for assessing the performance of the construction products in question in relation to the essential characteristic release of other dangerous substances. In fact, Clause 4.4 of the standard states that verification and declaration on release or content of additional other dangerous substances than those dealt with in other clauses of the standard should be done taking into account national provisions in the place of use.

               (5)

               Germany considered this shortcoming to constitute a violation of Article 17(3) of Regulation (EU) No 305/2011, as the standard at hand did not entirely satisfy the requirements set out in the relevant mandate as foreseen in Article 18.

               (6)

               Moreover, Germany emphasised the importance of an appropriate treatment of releases of such other dangerous substances, in particular volatile organic compounds (VOCs), within the harmonised standards notably for the wood-based products in question.

               (7)

               For these reasons, Germany demanded to withdraw the reference of that standard, or alternatively to restrict it by excluding Clause 4.4 from its scope, so as to permit Member States to adopt national provisions for the assessment of the performance in relation to the essential characteristic at hand, as regards the release of other dangerous substances.

               (8)

               When assessing the admissibility of the claims brought forward, it should be stated that if the alternative demand of Germany were to be understood as constituting a separate demand aiming to allow Member States to put in place national provisions setting additional requirements, such a claim would not focus on the contents of EN 14342:2013, and should therefore be considered inadmissible. However, as the wording of the demand clearly is directed to the restriction of the scope of reference to that standard, the linked statements of Germany about the consequences of such a restriction should be regarded only as parts of the argumentation offered within the formal objection and thus not considered separately.

               (9)

               According to Article 17(3) of Regulation (EU) No 305/2011, harmonised standards are to provide the methods and the criteria for assessing the performance of the products covered by them in relation to their essential characteristics. Quite as Germany has asserted, Clause 4.4 of EN 14342:2013 only presents a reference to national provisions in place. In this respect, EN 14342:2013 does not comply with the requirements set out in Article 17(3) of Regulation (EU) No 305/2011.

               (10)

               Furthermore, the jurisprudence of the Court of Justice (3) indicates that Member States are not entitled to put in place national provisions for the assessment of the performance in relation to any essential characteristics above and beyond what has been contained in the harmonised standards, when it comes to the marketing or the use of the construction products covered by them. The contents of EN 14342:2013 are thus in conflict also with these principles.

               (11)

               Therefore and due to the fact that Regulations are directly applicable, Clause 4.4 of EN 14342:2013 should not be applied, independently of the outcome of this formal objection procedure.

               (12)

               Nevertheless, since the jurisprudence of the Court of Justice (4) confirms the exhaustive nature of the harmonised system established in or by means of Regulation (EU) No 305/2011, the invalidity pf Clause 4.4 of EN 14342:2013 does not imply that Member States could adopt national provisions for the assessment of the performance in relation to the essential characteristic release of other dangerous substances.

               (13)

               On the basis of the contents of EN 14342:2013 as well as the information submitted by Germany, by the other Member States, by CEN and by industry, and after consulting the committees established by Article 64 of Regulation (EU) No 305/2011 and by Article 22 of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (5), it should be noted that no substantial objections were expressed against the continued publication of the reference of that standard in the Official Journal of the European Union. The exclusion of Clause 4.4 from the scope of the reference published in the Official Journal of the European Union has been met with concerns based on an interpretation of the jurisprudence of the Court of Justice as allowing the Member States, if they take the view that the safety of a product is insufficiently ensured, to lay down requirements restricting the free circulation of those products. However, the Court of Justice itself has already stated that such an interpretation would put into question the effectiveness [(‘effet utile’)] of the harmonisation in this field (6).

               (14)

               The alleged incompleteness of that standard should thus not be considered a sufficient reason for accepting the first demand of Germany, the complete withdrawal of the reference to the standard EN 14342:2013 from the Official Journal of the European Union. That demand should therefore be rejected.

               (15)

               For the alternative demand of restricting the reference by excluding Clause 4.4 from its scope, it should firstly be reminded that, as already demonstrated, that clause is not to be applied, independently of the outcome of this formal objection procedure. However, for reasons of clarity, it is necessary to explicitly exclude that invalid clause from the reference.

               (16)

               The reference of EN 14342:2013 should therefore be maintained, but it is necessary to introduce a restriction excluding Clause 4.4 of that standard from its scope,

         HAS ADOPTED THIS DECISION:
   Article 1
   The reference of harmonised standard EN 14342:2013 ‘Wood flooring and parquet: Characteristics, evaluation of conformity and marking’ shall be maintained with a restriction.
   The Commission shall add the following restriction in the list of references of harmonised standards published in the Official Journal of the European Union: ‘Clause 4.4 of standard EN 14342:2013 is excluded from the scope of the reference published’.
   Article 2
   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, 25 January 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 88, 4.4.2011, p. 5.

      (2)  Commission Communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Directive 89/106/EEC (OJ C 259, 8.8.2014, p. 1). Most recent publication: Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ C 398, 28.10.2016, p. 7).

      (3)  Cf. in particular the ECJ judgement on case C-100/13 (Commission v. Germany), para 55 ff.

      (4)  Cf. the ECJ judgement on case C-100/13 (Commission v. Germany), para 62.

      (5)  Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).

      (6)  Cf. the ECJ judgement on case C-100/13 (Commission v. Germany), para 60.


Avis juridique important

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31998D0348

98/348/EC: Council Decision of 19 May 1998 granting a Community guarantee to the European Investment Bank against losses under loans for projects in the former Yugoslav Republic of Macedonia and amending Decision 97/256/EC granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern European countries, Mediterranean countries, Latin American and Asian countries and South Africa)

Official Journal L 155 , 29/05/1998 P. 0053 - 0054

COUNCIL DECISION of 19 May 1998 granting a Community guarantee to the European Investment Bank against losses under loans for projects in the former Yugoslav Republic of Macedonia and amending Decision 97/256/EC granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern European countries, Mediterranean countries, Latin American and Asian countries and South Africa) (98/348/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,Having regard to the proposal of the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas by its Decisions of 27 November 1997 the Council concluded a Cooperation Agreement between the European Community and the former Yugoslav Republic of Macedonia and a Transport Agreement between the same parties;Whereas the said Cooperation Agreement includes a Protocol on financial cooperation which provides for the European Investment Bank (EIB) to grant loans from its own resources up to a ceiling of ECU 150 million until 31 December 2000;Whereas Decision 97/256/EC (3) grants the EIB a budget guarantee for lending from its own resources in specified regions outside the Community; whereas the budget guarantee should be extended to cover the Bank loans agreed in the Protocol on financial cooperation with the former Yugoslav Republic of Macedonia;Whereas the Council is calling on the Bank to finance projects in that country according to the arrangements set out in the Protocol on financial cooperation by offering it the guarantee provided for in this Decision;Whereas Decision 97/256/EC should therefore be amended;Whereas the Treaty does not provide for the adoption of this Decision powers other than those of Article 235,HAS DECIDED AS FOLLOWS:Article 1 Decision 97/256/EC is hereby amended as follows:1. in the title, '. . . Asian countries and South Africa.` shall be replaced by '. . . Asian countries, South Africa and the former Yugoslav Republic of Macedonia.`;2. in the first paragraph of Article 1(1), '. . . Asian countries, in the Republic of South Africa.` shall be replaced by '. . . Asian countries, in the Republic of South Africa and in the former Yugoslav Republic of Macedonia.`;3. in the second paragraph of Article 1(1):(a) 'ECU 7 105 million,` shall be replaced by 'ECU 7 255 million,`;(b) the following fifth indent shall be added:'- former Yugoslav Republic of Macedonia ECU 150 million,`;(c) in the final phrase of the second sentence, '. . . Asian countries, and on 1 July 1997 for the Republic of South Africa.` shall be replaced by '. . . Asian countries, on 1 July 1997 for the Republic of South Africa, and on 1 January 1998 for the former Yugoslav Republic of Macedonia.`;4. the following sixth indent shall be added to Article 1 (2):'- former Yugoslav Republic of Macedonia.`Article 2 Corresponding amendments shall be made to the agreement concluded between the Commission and the EIB referred to in Article 5 of Decision 97/256/EC.Article 3 This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 19 May 1998.For the CouncilThe PresidentG. BROWN(1) OJ C 108, 7. 4. 1998, p. 1.(2) OJ C 152, 18. 5. 1998.(3) OJ L 102, 19. 4. 1997, p. 33.


title: Setting up and numerical strength of the special committee on the policy challenges and budgetary resources for a sustainable European Union after 2013 European Parliament decision of 16 June 2010 on setting up a special committee on the policy challenges and budgetary resources for a sustainable European Union after 2013, its powers, numerical composition and term of office

text:
               12.8.2011

               EN

               Official Journal of the European Union

               CE 236/160

         Wednesday 16 June 2010Setting up and numerical strength of the special committee on the policy challenges and budgetary resources for a sustainable European Union after 2013
   P7_TA(2010)0225
   European Parliament decision of 16 June 2010 on setting up a special committee on the policy challenges and budgetary resources for a sustainable European Union after 2013, its powers, numerical composition and term of office
   2011/C 236 E/31

      The European Parliament,
   having regard to the decisions taken by the Conference of Presidents on 22 April and 12 and 20 May 2010 proposing the setting up of a special committee on the political challenges and the budgetary means available to the Union after 2013,
   having regard to Art. 312(5) of the Treaty on the Functioning of the European Union, which stipulates that throughout the procedure leading to the adoption of the financial framework, Parliament, the Council and the Commission shall take any measure necessary to facilitate its adoption,
   having regard to the need to gather and coordinate the opinions of the various committees concerned and to establish a mandate for the Committee on Budgets for its negotiations with the Council aiming to adopt a regulation containing the future multi-annual financial framework (MFF), and possibly, the definition of supporting measures to be defined in an interinstitutional agreement,
   having regard to the work undertaken by Parliament’s special committee on the financial, economic and social crisis and the need for a follow-up of the work of that committee, especially with regard to support for sustainable and qualitative growth and long-term investments, in order to tackle the long-term effects of the crisis,
   having regard to Rule 184 of its Rules of Procedure,

               1.

               Decides to set up a special committee with the following remit:

                           (a)

                           to define Parliament’s political priorities for the post-2013 MFF, both in legislative terms and budgetary terms;

                           (b)

                           to estimate the financial resources necessary for the Union to attain its objectives and carry out its policies for the period starting 1 January 2014;

                           (c)

                           to define the duration of the next MFF;

                           (d)

                           to propose, in accordance with those priorities and objectives, a structure for the future MFF, indicating the main areas of Union activity;

                           (e)

                           to submit guidelines for an indicative allocation of resources between and within the different headings of expenditure of the MFF in line with the priorities and proposed structure;

                           (f)

                           to specify the link between a reform of the financing system of the EU budget and a review of expenditure to provide the Committee on Budgets with a sound basis for negotiations on the new MFF;

               2.

               Decides to establish the special committee for a term of 12 months from 1 July 2010 in order to submit a report to Parliament before the Commission presents its proposal with figures for the next MFF, planned for July 2011;

               3.

               Recalls that the specific budgetary and legislative proposals will be dealt with by the relevant committees in accordance with Annex VII of its Rules of Procedure;

               4.

               Decides that the special committee shall have 50 members.


title: 2004/862/EC: Council Decision of 7 December 2004 on macro-financial assistance to Serbia and Montenegro and amending Decision 2002/882/EC providing further macro-financial assistance to the Federal Republic of Yugoslavia

text:
               17.12.2004

               EN

               Official Journal of the European Union

               L 370/81

      COUNCIL DECISION

   of 7 December 2004
   on macro-financial assistance to Serbia and Montenegro and amending Decision 2002/882/EC providing further macro-financial assistance to the Federal Republic of Yugoslavia
   (2004/862/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
   Having regard to the proposal of the Commission (1),
   Having regard to the opinion of the European Parliament (2),
   Whereas:

               (1)

               Council Decision 2002/882/EC of 5 November 2002 providing further macro-financial assistance to the Federal Republic of Yugoslavia (3) aims at ensuring a sustainable balance of payments situation and strengthening the country’s reserve position.

               (2)

               Two tranches under this assistance totalling EUR 105 million have been disbursed in 2002 and 2003. Due to the delays in the implementation of agreed structural measures, the implementation of the third tranche (EUR 25 million) is still outstanding. Terms and policy conditions for the additional amount of EUR 70 million decided in 2003 remain to be negotiated and agreed.

               (3)

               The authorities of Serbia and Montenegro are committed to economic reform and stabilisation under the present IMF programme as evidenced by encouraging signs of a revitalisation of structural reforms.

               (4)

               The country continues to require external financial support in addition to what can be provided by international financial institutions.

               (5)

               Decision 2002/882/EC should be amended to permit the commitments and the payments of grant funds and loan disbursements beyond 9 November 2004.

               (6)

               The Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308.

               (7)

               After consulting the Economic and Financial Committee,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The second subparagraph of Article 6 of Decision 2002/882/EC is replaced by the following:

      ‘It shall apply as of 8 November 2004 and until 30 June 2006.’

      Done at Brussels, 7 December 2004.

            For the Council

            The President

         G. ZALM

      (1)  OJ C 290, 27.11.2004, p. 6.

      (2)  Opinion delivered on 28 October 2004 (not yet published in the Official Journal).

      (3)  OJ L 308, 9.11.2002, p. 25. Decision amended by Decision 2003/825/EC (OJ L 311, 27.11.2003, p. 28).


title: 2014/555/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2012, Section VI — European Economic and Social Committee

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/132

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the general budget of the European Union for the financial year 2012, Section VI — European Economic and Social Committee
   (2014/555/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2012 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2012 (COM(2013) 570 – C7-0278/2013) (2),

               —

               having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2012, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) 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 2012 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               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 (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               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 (6), and in particular Articles 164, 165 and 166 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0218/2014),

               1.

               Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the European Economic and Social Committee’s budget for the financial year 2012;

               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 Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 56, 29.2.2012.

      (2)  OJ C 334, 15.11.2013, p. 1.

      (3)  OJ C 331, 14.11.2013, p. 1.

      (4)  OJ C 334, 15.11.2013, p. 122.

      (5)  OJ L 248, 16.9.2002, p. 1.

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