title: 2011/90/EU: Council Decision of 18 January 2011 on the signing, on behalf of the European Union, and provisional application of the Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra#Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra

text:
               10.2.2011

               EN

               Official Journal of the European Union

               L 36/1

         COUNCIL DECISION
   of 18 January 2011
   on the signing, on behalf of the European Union, and provisional application of the Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra
   (2011/90/EU)
   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(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 16 February 2009, the Council authorised the Commission to open negotiations with the Principality of Andorra on a Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra (hereinafter ‘the Protocol’). The Agreement was concluded on 28 June 1990.

               (2)

               The Commission and the Principality of Andorra have completed the negotiations by initialling the Protocol.

               (3)

               The Protocol should be signed.

               (4)

               Pending the completion of the procedures for its conclusion, the Protocol should be applied on a provisional basis as from 1 January 2011, which is the date of the last stage of application of the customs security measures introduced in 2005 and 2006 respectively by the amendment of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1) and of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2).

               (5)

               In order to ensure such provisional application of the Protocol, this Decision should apply from 1 January 2011,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra (hereinafter ‘the Protocol’) is hereby approved on behalf of the Union subject to conclusion of the said Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union subject to its conclusion.
   Article 3
   The Protocol shall apply on a provisional basis as from 1 January 2011, or from a later date agreed between the Union and the Principality of Andorra, in accordance with Article 3(3) thereof.
   The Commission is hereby authorised to agree, on behalf of the Union, on such a later date for provisional application of the Protocol.
   Article 4
   The position to be taken by the Union in the Joint Committee on matters relating to Title IIA of the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra (3) (hereinafter ‘the Agreement’) shall be adopted by the Council, acting by qualified majority on a proposal from the Commission.
   Article 5
   In order to ensure the effective application of Article 12i(1) of the Agreement, the Commission shall notify the Principality of Andorra of the adoption of new Union legislation which constitutes a development of the Union law on customs security measures covered by Article 12b of the Agreement.
   The Commission is hereby authorised to take the necessary measures provided for in Article 12k of the Agreement in order to ensure the equivalence of the customs security measures of the Union and the Principality of Andorra.
   If, on the date of implementation of the relevant Union legislation referred to in the first paragraph, the Principality of Andorra has not adopted the new provisions and the provisional application of those provisions is not possible, the application of Title IIA of the Agreement shall be suspended in accordance with Article 12k(2) thereof. The Commission shall notify the Principality of Andorra of such suspension.
   Article 6
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 January 2011.

      Done at Brussels, 18 January 2011.

            For the Council

            The President

         MATOLCSY Gy.

      (1)  OJ L 302, 19.10.1992, p. 1.

      (2)  OJ L 253, 11.10.1993, p. 1.

      (3)  OJ L 374, 31.12.1990, p. 14.

      PROTOCOL
      extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra
      THE EUROPEAN UNION,
      of the one part, and
      THE PRINCIPALITY OF ANDORRA,
      of the other part,
      hereinafter referred to respectively as ‘the Union’ and ‘the Principality of Andorra’ and jointly as ‘the Contracting Parties’,
      HAVING REGARD TO the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra, signed in Luxembourg on 28 June 1990 (hereinafter ‘the Agreement’);
      WHEREAS there is a need to maintain the existing level of facilitation of controls and formalities on the passage of goods at frontiers between the Union and the Principality of Andorra and so ensure the smooth flow of trade between the two Parties;
      WHEREAS the Contracting Parties undertake to guarantee in their respective territories an equivalent level of security through measures based on legislation in force in the Union;
      WHEREAS it is desirable that Andorra be consulted on the development of Union rules concerning customs security measures, that it take part in the relevant work of the Customs Code Committee and that it be notified of the implementation of such rules;
      WHEREAS the Contracting Parties are determined to improve security in the trade in goods entering or exiting their territories without hampering trade flows;
      WHEREAS, in the interests of the Contracting Parties, equivalent customs security measures should be introduced in respect of the transport of goods to or from third countries;
      WHEREAS, unlike the Agreement itself, the territorial scope of those customs security measures must be defined with reference to the respective customs territories of the Contracting Parties;
      WHEREAS those customs security measures must also apply to agricultural products (Chapters 1 to 24 of the Harmonised System), which are excluded from the customs union established between the Contracting Parties;
      WHEREAS those customs security measures concern the declaration of security data relating to goods prior to their entry and exit, the management of security risks and related customs controls and the allocation of authorised economic operator status for mutually recognised security purposes;
      WHEREAS the Principality of Andorra has an adequate level of personal data protection (1);
      WHEREAS in the case of customs security measures there should be provision for appropriate rebalancing measures, including suspension of the relevant provisions where the equivalence of customs security measures is no longer assured,
      AGREE AS FOLLOWS:
      Article 1
      In order to extend the scope of the Agreement to customs security measures, the following Title shall be inserted into the Agreement:

         ‘TITLE IIA

            ARRANGEMENT CONCERNING CUSTOMS SECURITY MEASURES

            CHAPTER I

               Customs security measures and monitoring their implementation

         Article 12a
         Territories covered
         This Title shall apply, on the one hand, to the Community customs territory and, on the other, to the customs territory of the Principality of Andorra.
         Article 12b
         Adoption of the Community acquis

         1.   The Principality of Andorra shall adopt the customs security measures applied by the Union. “Customs security measures” shall mean the provisions concerning the declaration of goods prior to their entry to and exit from the customs territory, authorised economic operators, and customs security checks and security-related risk management, which are applicable in line with the relevant customs legislation in force at any time in the Union. The Joint Committee referred to in Article 17 shall draw up a detailed list of the provisions concerned.
         2.   Notwithstanding their exclusion from the customs union between the Union and the Principality of Andorra pursuant to Article 2, the customs security measures shall also apply to the agricultural products covered by Chapters 1 to 24 of the Harmonised System.
         Article 12c
         General principles
         1.   The Contracting Parties undertake to apply to the carriage of goods to and from third countries the customs security measures set out in Article 12b(1) and thus to ensure an equivalent level of security at their external borders.
         2.   The Contracting Parties shall refrain from applying the customs security measures set out in Article 12b(1) to the carriage of goods between their customs territories.
         3.   The Contracting Parties shall consult each other prior to the conclusion of any agreement with a third country relating to customs security measures in order to ensure consistency with this arrangement, particularly if the proposed agreement includes provisions that derogate from the customs security measures set out in this Title.
         Article 12d
         Place for lodging the declaration prior to entry and exit of goods
         1.   The declaration prior to entry of goods shall be lodged with the competent authority of the Contracting Party into whose customs territory the goods are brought from third countries. That authority shall carry out a risk analysis based on data contained in the declaration and any customs security controls deemed necessary, including cases where goods are destined for the other Contracting Party.
         2.   The declaration prior to exit of goods shall be lodged with the competent authority of the Contracting Party in whose customs territory the formalities for exportation or, where appropriate, exit to third countries are carried out. That competent authority shall carry out a risk analysis based on the data in that declaration together with the customs security controls deemed necessary.
         3.   When goods destined for a third country leave the customs territory of a Contracting Party through the customs territory of the other Contracting Party, the declaration prior to the exit of the goods shall be lodged only with the competent authorities of the second Contracting Party.
         Article 12e
         Customs security controls and security-related risk management
         1.   For the purpose of customs security controls, each Contracting Party shall establish a risk management framework, risk criteria and priority areas for security-related customs controls.
         2.   The Contracting Parties shall recognise the equivalence of their security-related risk management systems.
         3.   The Contracting Parties shall cooperate with a view to:

                     —

                     exchanging information with the aim of improving and strengthening their risk analysis and the effectiveness of security-related customs controls, and,

                     —

                     establishing in good time a common framework for risk management, common risk criteria and common priority areas for controls, and setting up an electronic system to implement such common management of risk.

               4.   The Joint Committee shall adopt any other measure necessary for the application of this Article.
         Article 12f
         Monitoring the implementation of customs security measures
         1.   The Joint Committee shall determine how the Contracting Parties are to monitor the implementation of this Title and to verify compliance with the customs security measures.
         2.   That monitoring may take the form of:

                     —

                     regular assessments of the implementation of this Title, and in particular of the equivalence of customs security measures,

                     —

                     a review to improve the way in which it is applied or to amend its provisions so that it better fulfils its objectives,

                     —

                     the organisation of thematic meetings between experts of both Parties and audits of administrative procedures, including on-the-spot visits.

               3.   The Joint Committee shall ensure that measures taken under this Article uphold the rights of the economic operators concerned.
         Article 12g
         Exchange of information concerning authorised economic operators
         The European Commission and the competent Andorran authorities shall regularly inform each other of the identities of their authorised economic operators for the purposes of security, and include the following information:

                     (a)

                     the Trader Identification Number (TIN) in a format compatible with Economic Operator Registration and Identification (EORI) legislation;

                     (b)

                     the names and addresses of authorised economic operators;

                     (c)

                     the number of the document granting the status of authorised economic operator;

                     (d)

                     current status (current, suspended, withdrawn);

                     (e)

                     periods of altered status;

                     (f)

                     the date on which the certificate becomes effective;

                     (g)

                     the authority which issued the certificate.

               Article 12h
         Protection of professional secrecy and personal data
         The information exchanged by the Contracting Parties as part of the measures provided for in this Title shall enjoy the protection extended to professional secrecy and personal data as defined in the relevant laws applicable in the territory of the recipient Contracting Party.
         In particular, that information may not be transferred to persons other than the competent bodies in the Contracting Party concerned, nor may it be used by those bodies for purposes other than those provided for in this Agreement.

            CHAPTER II

               Management of the arrangement

         Article 12i
         Development of law
         1.   As soon as the Union draws up new legislation relating to customs security measures, it shall seek an informal opinion of Andorran experts.
         2.   The Union shall enable Andorran experts to participate as observers for items concerning them in meetings of the Customs Code Committee, which assists the European Commission in the exercise of its implementing powers in matters covered by Title IIA. The provisions set out in Articles 66 to 68 of Decision No 1/2003 of the EC-Andorra Joint Committee (2) shall apply mutatis mutandis.
         3.   When the European Commission sends its proposal to the European Parliament and/or to the Council of the European Union, or its draft implementing measures to the Member States, it shall send a copy to the Principality of Andorra.
         At the request of one of the Contracting Parties, a preliminary exchange of views may take place in the Joint Committee.
         4.   In the phase prior to the adoption of the new Union legislation, and at the request of one of their number, the Contracting Parties shall consult each other again on the Joint Committee in a continuous process of information and consultation.
         5.   The Contracting Parties shall cooperate during the information and consultation phase with a view to facilitating, at the end of the process, the simultaneous application by the Contracting Parties of the new legislation referred to in paragraph 1.
         Article 12j
         Agreements with third countries
         The Contracting Parties agree that agreements concluded by either of them with a third country in an area covered by Title IIA shall not create obligations for the other Party, unless the Joint Committee decides otherwise.
         Article 12k
         Rebalancing measures
         1.   A Contracting Party may, after consultations within the Joint Committee, take appropriate rebalancing measures, including suspension of the provisions of Title IIA, if it finds that the other Party is not adhering to its conditions or if the equivalence of the Contracting Parties’ customs security measures is no longer assured.
         Where any delay could jeopardise the effectiveness of customs security measures, provisional protective measures may be taken, without prior consultation, provided that consultations are held immediately after their adoption.
         2.   If the equivalence of the Contracting Parties’ customs security measures is no longer assured because the new legislation provided for in Article 12i has not been adopted by the Principality of Andorra, the Union may suspend the application of Title IIA, unless the Joint Committee, having considered how to continue its application, decides otherwise.
         3.   The scope and duration of such measures shall be limited to what is necessary in order to remedy the situation and to secure a fair balance of rights and obligations under this Title. A Contracting Party may ask the Joint Committee to hold consultations about the proportionality of those measures. If the Joint Committee is unable to settle the dispute, it may, where appropriate, decide to submit it to arbitration in accordance with Article 18(2). No question of interpretation of the relevant provisions of Union law may be resolved within this framework.

            CHAPTER III

               Miscellaneous provisions concerning the arrangement relating to customs security measures

         Article 12l
         Revision
         If a Contracting Party wishes to have the arrangement revised, it shall submit a proposal to that effect to the other Party. The revision shall enter into force after the respective internal procedures of the Parties have been completed.

      Article 2
      This Protocol shall form an integral part of the Agreement.
      Article 3
      1.   This Protocol shall be approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on 1 January 2011, provided that the Contracting Parties have notified one another before that date that the requisite procedures have been completed.
      2.   If this Protocol does not enter into force on 1 January 2011, it shall enter into force on the day following the date on which the Contracting Parties notify one another that the requisite procedures have been completed.
      3.   Pending completion of the procedures referred to in paragraphs 1 and 2, the Contracting Parties shall apply this Protocol provisionally from 1 January 2011 or a later date agreed by them.
      Article 4
      Languages
      This Protocol shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Catalan languages, all texts being equally authentic.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Eiropas Savienības vārdā –
            Europos Sajungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            För Europeiska unionen
            Per l'Unione europea

            За Княжество Андора
            Por el Principado de Andorra
            Za Andorrské knížectví
            For Fyrstendømmet Andorra
            Für das Fürstentum Andorra
            Andorra Vürstiriigi nimel
            Για το Πριγκιπάτο της Ανδόρας
            For the Principality of Andorra
            Pour la Principauté d'Andorre
            Per il Principato di Andorra
            Andoras Firstistes vārdā –
            Andoros Kunigaikštystės vardu
            Az Andorrai Hercegség részéről
            Għall-Prinċipat ta' Andorra
            Voor het Vorstendom Andorra
            W imieniu Księstwa Andory
            Pelo Principado de Andorra
            Pentru Principatul Andorra
            Za Andorrské kniežatstvo
            Za Kneževino Andoro
            Andorran ruhtinaskunnan puolesta
            För Furstendömet Andorra
            Pel Principat d'Andorra

         (1)  Commission Decision 2010/625/EU of 19 October 2010 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Andorra (OJ L 277, 21.10.2010, p. 27).

         (2)  OJ L 253, 7.10.2003, p. 3.’.


title: 2011/646/: Council Decision of 23 May 2011 concerning the conclusion, on behalf of the European Union, of the Agreement on the Protection and Sustainable Development of the Prespa Park Area#Agreement on the Protection and Sustainable Development of the Prespa Park Area

text:
               4.10.2011

               EN

               Official Journal of the European Union

               L 258/1

         COUNCIL DECISION
   of 23 May 2011
   concerning the conclusion, on behalf of the European Union, of the Agreement on the Protection and Sustainable Development of the Prespa Park Area
   (2011/646/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with point (6)(a) of Article 218, thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (1) (‘the EU Water Framework Directive’) requires, where river basins extend beyond the territory of the Union, Member States to endeavour to establish appropriate coordination with the relevant non-Member States, with the aim of achieving the objectives of the Directive throughout the river basin district.

               (2)

               On 27 June 2006, the Council adopted a decision authorising the Commission, on behalf of the European Community, to negotiate the conclusion of international river basin agreements to improve cooperation in European river basins shared between certain Member States and third countries.

               (3)

               The Prespa Lakes and their surroundings are a unique natural area with high ecological significance, which can only be preserved through a holistic approach at basin level.

               (4)

               An Agreement on the Protection and Sustainable Development of the Prespa Park Area has been negotiated by the European Commission, Greece, Albania and the former Yugoslav Republic of Macedonia and constitutes an upgrade of the existing cooperation in the area, while holding the potential to contribute to the successful implementation of the EU Water Framework Directive.

               (5)

               The Agreement should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement on the Protection and Sustainable Development of the Prespa Park Area is hereby approved on behalf of the Union.
   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 proceed, on behalf of the Union, to the notification provided for in Article 18 of the Agreement, in order to express the consent of the Union to be bound by the Agreement.
   Article 3
   This Decision shall enter into force on the day of its adoption (2).

      Done at Brussels, 23 May 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ L 327, 22.12.2000, p. 1.

      (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.

      AGREEMENT
      on the Protection and Sustainable Development of the Prespa Park Area
      The Ministries of the Environment of the three States sharing the Prespa Lakes Area and the European Union, hereinafter referred to as ‘The Parties’,
      MINDFUL of the Declaration of the Prime Ministers of the three States of 2 February 2000 on the Creation of the Prespa Park and the Environmental Protection and Sustainable Development of the Prespa Lakes and their Surroundings,
      RECALLING the Joint Statement of the Prime Ministers of the three States sharing the Prespa Lakes basin of 27 November 2009 at Pyli,
      CONSIDERING that the Prespa Lakes and their surrounding basin are a unique natural area whose geomorphological, ecological, biodiversity and cultural significance is of international importance, as a vital habitat for the conservation of numerous rare and/or endemic fauna and flora species, as a nesting place of globally threatened birds, and as a depository of significant archaeological and traditional heritage,
      RECOGNISING their common responsibility for the conservation of the Prespa Lakes basin ecosystem and its components as well as for its natural beauty, as a basis for the economic and social well-being of its inhabitants and for creating economic development opportunities (including agriculture, fisheries and tourism),
      CONVINCED that only through adopting a holistic approach at the basin level can they ensure and maintain the biodiversity, the key functions and the human benefits of the Prespa Lakes basin,
      AWARE that individual actions of countries are not sufficient to bring about conservation of the ecosystems of Prespa and its cultural heritage, while improving the standard of living of its inhabitants,
      WISHING to enhance cooperation among competent authorities and stakeholders in the three States in order to maintain and protect the unique ecological values of the Prespa Lakes basin and prevent and/or reverse the causes of its habitat degradation, as requested by the Declaration of the Prime Ministers of 2 February 2000,
      RESOLVED to explore appropriate management methods for the sustainable use and protection of the Prespa Lakes water and freshwater ecosystems, as requested by the Declaration of the Prime Ministers of 2 February 2000, and in accordance with the requirements of the EU Water Framework Directive 2000/60/EC and related Directives,
      AWARE of the long history of human use of the area and the compatibility of traditional uses with nature conservation,
      CONFIRMING their commitment to the sustainable development of the Prespa Lakes basin that can be brought about in a coherent way through transboundary cooperation, in accordance with the principles of the European Union’s integration process,
      TAKING NOTE of the Drin dialogue initiated in 2009 amongst competent authorities and stakeholders towards the development of a shared vision for the sustainable management of the Drin basin and the promotion of transboundary cooperation,
      BEARING IN MIND the relevant provisions of international legal instruments in force in the field of environmental protection to which they are parties or signatories,
      RECALLING the bilateral agreements in force between the Parties concerning cooperation in the field of environmental protection and sustainable development,
      BEARING in mind that one of the Parties is a Member State of the European Union, one is a candidate country for EU membership and one is potential candidate country for EU membership and that the latter two have also concluded a Stabilisation and Association Agreement with the EU,
      RECOGNISING the differentiated but complementary capacity of governmental and non-governmental organisations in the three State Parties with respect to the conservation and management of the Prespa area,
      TAKING INTO ACCOUNT the experience gained from the trilateral cooperation in the framework of the Prespa Park since 2000 through the operation of the interim Coordination Committee and its Secretariat,
      TAKING INTO ACCOUNT the Strategic Action Plan for the Sustainable Development of the Prespa Park elaborated within the framework of the interim Coordination Committee and its Secretariat,
      HAVE AGREED AS FOLLOWS:
      PART ONE

         GENERAL PROVISIONS

      Article 1
      Definitions
      For the purposes of this Agreement:

                  —

                  the ‘Prespa Park Area’ (the ‘Area’) is the geographical area in the territory of the three States included in the basin of the Prespa Lakes, comprising surface and properly assigned groundwaters, and designated as a transboundary protected area under the Declaration of 2 February 2000,

                  —

                  ‘Transboundary Impact’ means any effect on the environment within an area under the jurisdiction of a Party, including adverse effects on human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interaction among these factors, as well as effects on cultural heritage or socioeconomic conditions, resulting from alterations to those factors, caused by a change, the physical origin of which is situated wholly or in part within the area under the jurisdiction of another Party.

            Article 2
      Objective of the Agreement
      The Parties shall cooperate in order to ensure an integrated protection of the ecosystem and the sustainable development of the Prespa Park Area, including the development of integrated river basin management plans, according to international and European Union standards.
      PART TWO

         PRINCIPLES OF COOPERATION

      Article 3
      Basic obligations
      1.   For the fulfilment of the objectives of Article 2, the Parties shall take the necessary measures and apply best available techniques, individually and in cooperation on the basis of sovereign equality, territorial integrity, mutual benefit, and good faith, to:

                  (a)

                  manage prudently the water quality and quantity of the Prespa Lakes giving special attention to the water level of both lakes;

                  (b)

                  prevent, control and reduce pollution of the waters in the Prespa Lakes Area;

                  (c)

                  protect and conserve the biodiversity of the Area by protecting especially the endemic, rare, threatened or endangered species of flora and fauna and by restoring and managing sensitive habitats as well as ecosystems and ecosystem services, on the basis of international and EU legislation including Directives 92/43/EEC and 2009/147/EC, and the EU Biodiversity Policy;

                  (d)

                  protect the soil from erosion, depletion, infections and pollution;

                  (e)

                  ensure, promote and control the prudent use of natural resources and the sustainable development of the Prespa Park Area;

                  (f)

                  prevent introduction and breeding of alien animal and plant species;

                  (g)

                  effectively regulate the activities which cause or may cause negative impact in the Prespa Lakes Area in order to prevent or minimise such effects.

            2.   To this end, the Parties shall:

                  (a)

                  design and implement integrated management plans and programmes for the protection and sustainable development of the Area, in accordance with the Strategic Action Plan for the Sustainable Development of the Prespa Park;

                  (b)

                  develop coherent strategies for spatial, urban and other land-use plans as well as protected area management plans, in order to ensure the watershed’s land management according to the principle of sustainable development and to the increased protection required for the Area, on the basis of international and EU legislation including Directives 92/43/EEC and 2009/147/EC;

                  (c)

                  approve and apply faithfully the environmental standards and criteria for the watershed as described in Article 4;

                  (d)

                  adopt and implement legal, administrative, economic, financial and technical measures in order to ensure:

                              (i)

                              the application to the maximum possible extent of sustainable agriculture and low-impact animal breeding based on the Area’s carrying capacity and fishing rules compatible with the prudent use concept;

                              (ii)

                              the management of household and agricultural waste according to best available techniques;

                              (iii)

                              the amelioration and modernisation of road and communication networks and other social infrastructure and services in a manner consistent with the protection of biodiversity, the conservation of the protected areas and the sustainable development of the Prespa Park Area;

                  (e)

                  facilitate the regular exchange of ideas among the Parties, conserve traditional architecture and monuments, develop and implement a joint strategy for the touristic development of the Area, and promote public awareness and environmental education as a means for reaching local solutions;

                  (f)

                  expedite the full and effective realisation of the watershed community individuals’ rights of access to environmental information, public participation in decision-making in environmental matters, and access to justice in such matters;

                  (g)

                  establish and maintain an effective, common standard system of monitoring in order to observe, manage and control the environmental state of the Lakes and their watershed;

                  (h)

                  in case of contingencies, adopt common measures to quickly evaluate and mitigate them.

            Article 4
      Environmental standards and criteria
      1.   The Parties to this Agreement, with the assistance of the Committee described in Article 10, shall set out the exact criteria, standards, limits and objectives for the protection, conservation and development of the Area in accordance with the objectives of Article 2.
      2.   For this purpose, the Parties shall take appropriate steps to:

                  (a)

                  implement the legal commitments stemming from international and EU norms and standards for the protection and conservation of the Lakes and their watershed;

                  (b)

                  adjust relevant national environmental standards and criteria to local conditions and requirements of the watershed;

                  (c)

                  require the use of the best available technology and contemporary environmental practices.

            Article 5
      Sustainable water management
      The Parties agree to cooperate on the management of the waters of the Prespa Park Area in a sustainable manner. This includes integrated management of surface and groundwater resources at basin level, on the basis of Directive 2000/60/EC and related Directives, that shall provide for:

                  (a)

                  water in sufficient quantity and of appropriate quality for drinking purposes;

                  (b)

                  water in sufficient quantity and of appropriate quality for the preservation, protection, and, if necessary, restoration of natural aquatic ecosystems, including wetlands, and their functions;

                  (c)

                  water in sufficient quantity and of appropriate quality for other legitimate uses contributing to sustainable economic and social development of local societies, taking into account the need to adapt to possible impacts of climate change;

                  (d)

                  rehabilitation or alleviation of the negative impacts of past hydrological interventions, with special emphasis on the River Devolli – Lake Micro Prespa system;

                  (e)

                  protection against detrimental effects of water (flooding, erosion, etc.) using best available techniques;

                  (f)

                  resolution of conflicts of interest caused by different uses; and

                  (g)

                  effective control of the water management regime that shall be established.

            To that effect, the Parties will set up the Working Group on Water as laid down in Article 14.
      Article 6
      Exchange of data and information
      The Parties will organise a formal system for regular exchange of information among their competent authorities in order to assist in achieving effective protection of the Prespa Park Area, including exchange of:

                  (a)

                  qualitative and quantitative data on water, aquatic ecosystems, and important habitats and species;

                  (b)

                  experience gained through the application of best available techniques and results of research and development in the fields of wetland protection, water management, and measures for prevention, reduction and control of pollution.

            Article 7
      Transboundary impact
      The Parties shall cooperate with a view to agree measures aimed at securing the integrity of the environment, and especially water, in the Area and the elimination or reduction of transboundary impacts on the environment caused by human activities. In particular, they shall cooperate on developing and applying appropriate environmental impact assessment procedures in the Area, in accordance with the Espoo Convention on environmental impact assessment in a transboundary context, to which they are parties.
      Article 8
      Cooperation with international organisations and donors
      In implementing this Agreement, the Parties shall seek partners locally, nationally and internationally, and will especially cooperate with:

                  —

                  the Ramsar Convention and the MedWet Initiative,

                  —

                  UNDP,

                  —

                  GEF,

                  —

                  bilateral donors active in the region, such as KfW, GTZ and SDC,

                  —

                  Unesco,

                  —

                  IUCN,

                  —

                  Institutions of the European Union, and

                  —

                  others.

            PART THREE

         MECHANISMS OF COOPERATION

      Article 9
      High-level segment
      The Ministers of Environment of the three State Parties and the representative of the EU shall meet regularly to review progress in the implementation of this Agreement and in achieving the objectives of Article 2, to review the work of the Prespa Park Management Committee and subsidiary organs, to set the agenda of joint activities in the Prespa Park Area for the coming period, and to provide political guidance. These meetings will take place at least once every 2 years, unless otherwise decided by the Parties, or at the written request of any Party, at a venue rotating between the three State Parties.
      Article 10
      Prespa Park Management Committee
      1.   In order to ensure effectiveness in the achievement of the objectives and commitments specified in this Agreement, the Parties hereby establish the Prespa Park Management Committee.
      2.   The Prespa Park Management Committee shall have the international legal capacity of a plurilateral institution necessary for the exercise of its functions, including keeping relations with donors in order to secure projects and donations, which will be used for the implementation of this Agreement.
      3.   The Prespa Park Management Committee shall have the following composition:

                  (a)

                  one representative of the Ministry of Environment of each State Party and one representative of the European Union;

                  (b)

                  one representative from the local communities in the Prespa region from each State Party;

                  (c)

                  one representative of the environmental non-governmental organisations (NGOs) from each State Party, with significant local activities in the Prespa area;

                  (d)

                  one representative of the local protected area management authorities from each State Party;

                  (e)

                  one permanent observer from the MedWet Initiative of the Convention on Wetlands (Ramsar);

                  (f)

                  one permanent observer from the Ohrid Management Committee.

            The Parties’ representatives in the Committee shall be formally nominated within 3 months from the entry into force of this Agreement.
      4.   The Committee shall meet on a regular basis (twice a year). An extraordinary Committee meeting shall be called at the request of any of the Parties.
      5.   Each calendar year the venue of the regular meetings will rotate among the three State Parties. Therefore, two consecutive ordinary meeting will be held in each State every 3 years. Preferably, regular meetings should be held in the Prespa region.
      6.   The meetings shall be chaired by the representative of the State Party in which they are held. The term of the chair follows the annual rotation of paragraph 5.
      7.   The work of the Committee will be carried out in English.
      8.   At its first meeting, the Committee shall approve its internal rules of organisation and procedure.
      9.   The Committee may invite experts to participate at its meetings, depending on the theme of the meeting, and may form working groups on specific issues composed of experts and officials. The first working group is established under this Agreement (Article 14) on water management issues.
      10.   Four years after the beginning of its operation, the functioning and effectiveness of the Prespa Park Management Committee will be reviewed by the High-level segment of Article 9 and, if necessary, its composition and terms of reference will be adjusted in accordance with Article 17 of this Agreement.
      Article 11
      Functions of the Management Committee
      The Prespa Park Management Committee shall:

                  (1)

                  monitor and coordinate the activities carried out for the protection and sustainable development of the Prespa Park Area in the implementation of this Agreement and of the Strategic Action Plan for the Sustainable Development of the Prespa Park;

                  (2)

                  identify and recommend to the Parties and other interested actors next steps and necessary actions, measures and activities for the implementation of this Agreement, and invite them to cooperate, to coordinate and carry out joint projects. More specifically, the Committee shall assist the Parties in implementing and strengthening the effectiveness of this Agreement by providing recommendations and opinions on:

                              (a)

                              the drafting and application of standards, environmental criteria and requirements, which will serve as the basis for accomplishing integrated protection and sustainable development of the Lakes and their watershed;

                              (b)

                              the completion of the regulatory framework of the watershed area, including spatial plans and protected area regulations and management plans;

                              (c)

                              the drafting and application of strategies, integrated management plans and programmes to be implemented in the Prespa Park Area, which affect or may affect the achievement of the objectives of this Agreement;

                              (d)

                              the application of a programme of effective monitoring in order to observe, manage and control the state of the environment and the status of surface and ground waterbodies;

                              (e)

                              the definition of priority directions and programmes of scientific study and research for the protection and sustainable development of the Prespa Park Area and the promotion of publication of expert information;

                              (f)

                              the gathering, elaboration and publication of environmental information on the Prespa Lakes Area;

                              (g)

                              the promotion of public, NGO and other stakeholders’ participation in the protection of the Lakes and their watershed;

                  (3)

                  facilitate the coordination of planning and activities with transboundary relevance by local protected area management bodies in the three States involved;

                  (4)

                  evaluate the results of ongoing actions according to the objectives of Article 2, and disseminate its findings widely;

                  (5)

                  serve as the steering body for GEF and other similar programmes and projects concerning the Area;

                  (6)

                  identify and propose possible funding sources at a national, European and international level for necessary actions, measures and projects;

                  (7)

                  gather any available information related to the Lakes and their watershed, ask for and receive proposals from governmental institutions, bodies and NGOs in order to improve its work and to increase the commitment of the Parties to the implementation of the Agreement;

                  (8)

                  prepare and publish an annual report on the state of the environment for the Prespa Park Area, which will include one section where the Committee’s work would be described;

                  (9)

                  liaise with the Ohrid Management Committee, acquire observer status at its meetings and coordinate action in order to achieve the best results in the protection and sustainable development of the wider region;

                  (10)

                  contribute as appropriate to the process for the sustainable management of the extended Drin basin dialogue;

                  (11)

                  contribute to the mobilisation of resources of the Parties and the international community, as appropriate, to manage the risks and mitigate the negative impacts, in case of unexpected events, such as floods, forest fires and other natural or anthropogenic catastrophes as well as to protect the vulnerable ecosystems of the Area and their functions and services from the effects of climate change.

            Article 12
      Decisions of the Management Committee
      1.   The Committee shall decide by consensus. In case consensus is not reached, the issue shall be referred for settlement to the High-level segment.
      2.   The Committee shall address its recommendations to the Parties.
      3.   Each Party shall implement the Committee recommendations in accordance with domestic law and shall report regularly to the Committee on measures taken for their implementation.
      4.   In the event that a Party is unable or only partly able to implement a Committee recommendation, it shall inform the Committee to this effect, explain the reasons for the non-implementation and propose the modalities and the timing for implementation.
      5.   The Committee shall keep a register of the decisions taken.
      Article 13
      Secretariat
      1.   The Committee is assisted by a subsidiary technical organ, the Secretariat, in fulfilling its duties.
      2.   The Secretariat will consist of three persons, one from each State Party, appointed by the Ministry of Environment and headed by an expert in transboundary cooperation on protected areas and river basin management to be chosen by the Committee through an international call for applications.
      3.   The work of the Secretariat shall be guided by the decisions of the Management Committee and shall be supervised by the Chairperson of this Committee.
      4.   The Secretariat shall have the following specific tasks to be performed with the limits of budget availability:

                  (a)

                  preparation of the yearly work plan of the Prespa Park Management Committee with detailed budget, and of issue-related work plans (e.g. a communication plan) with detailed budgets and follow-up of their implementation;

                  (b)

                  preparation or assistance in the preparation of meetings held in the framework of this Agreement;

                  (c)

                  facilitation of consultations on policy and other relevant matters related to this Agreement between stakeholders, and consultations at the policy-making and technical level by working groups and/or expert groups;

                  (d)

                  collection, assessment and dissemination of data and information on legislation, measures and activities that have or may have significant effects on the achievement of the objectives of Article 2;

                  (e)

                  follow-up of joint projects;

                  (f)

                  compilation, evaluation, publication and promotion of scientific research and cooperation in the Prespa Park Area;

                  (g)

                  contacts and meetings with donors; preparation or assistance in the preparation of project documents;

                  (h)

                  translation of key documents; technical and secretarial support to the local community representatives;

                  (i)

                  representation of the Committee in international fora;

                  (j)

                  any other duty assigned to it by the Committee.

            5.   The seat of the Secretariat shall be located in Aghios Germanos, Greece, for a period of 4 years, on rotating basis, or until it is otherwise decided by the Committee.
      6.   The Committee is authorised to conclude a Seat Agreement with the host country on the exercise of its functions.
      Article 14
      Working Group on Water Management
      1.   The Prespa Park Management Committee will establish a Working Group on Water Management, according to the provisions of Article 10.
      2.   The State Parties, after consultation, shall nominate authorities and bodies competent for water management in the part of the Prespa Park within their territories as members of this Working Group and inform on such nomination the chairperson of the Prespa Park Management Committee.
      3.   The Working Group on Water Management will propose recommendations based on the principles of integrated river basin management, as reflected in the EU Water Framework Directive (2000/60/EC), for the adoption of the Management Committee.
      4.   The specific tasks and mandate of the Working Group will be defined through consultations between the State Parties.
      5.   The operational costs of the Working Group on Water Management (participation in and organisation of meetings) shall be covered for a period of 4 years after the entry into force of this Agreement, by the Hellenic Ministry of Environment, Energy and Climate Change.
      Article 15
      Expenses of Joint Bodies
      1.   The implementation of the work plan of the Prespa Park Management Committee shall be financed by regular annual contributions of the Parties and from other sources.
      2.   Each Party shall in principle bear the expenses associated with the participation of its national members in the meetings of the Committee, the Secretariat and working groups, with the exception of Article 14(5).
      3.   The Party in whose territory a Committee meeting will be organised shall bear the cost of organising the meeting.
      4.   The Secretariat will prepare an annual budget covering its costs and submitted for approval to the Committee, which shall be financed by regular annual contributions of the State Parties and from other sources. Office facilities will be provided by the Party where the Secretariat is located, normally outside the budget.
      PART FOUR

         DISPUTE SETTLEMENT

      Article 16
      In case of a dispute between the Parties regarding the interpretation or application of this Agreement, the Parties shall seek a solution by negotiation or by any other means of international dispute settlement acceptable to them.
      PART FIVE

         FINAL PROVISIONS

      Article 17
      Amendments to the Agreement
      1.   Any Party may propose amendments to the present Agreement.
      2.   Any amendment to the present Agreement shall be agreed by consensus. Amendments shall enter into force in accordance with the procedure set forth in paragraph 2 of Article 18.
      Article 18
      Entry into force
      1.   This Agreement will be subject to ratification according to the domestic procedures of each Party.
      2.   This Agreement shall enter into force on the day of reception of the last written notification by which the Parties shall notify each other the ratification of the Agreement.
      Article 19
      Relation with other Agreements
      1.   Nothing in the present Agreement shall affect the rights or obligations of a Party arising from any agreement that is in force on the date on which this Agreement comes into force. Nothing in this Agreement shall affect the rights or obligations of a Party arising from EU law.
      2.   For the implementation of this Agreement the Parties may enter into bi- or trilateral agreements or arrangements, which shall not be in conflict with this Agreement.
      Article 20
      Duration and Withdrawal
      This Agreement shall remain in force indefinitely unless one of the Parties, through diplomatic channels, notifies its wish to withdraw from it, in which case the Agreement shall be terminated 6 months after the date of such written notification. Unless otherwise agreed, such a termination shall not affect the validity of any ongoing arrangements or projects made under this Agreement,

         Done at Pyli on the second day of February in the year two thousand and ten, in four originals in the English language, all being equally authentic.

            IN WITNESS THEREOF the undersigned, being duly authorised thereto, have signed this Agreement.


title: 2013/624/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of its Decision on discharge for the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/363

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011
   (2013/624/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011, together with the replies of the Joint Undertaking (1),

               —

               having regard to the conclusions of the European Parliament Joint Delegation of the Committee on Budgets and the Committee on Budgetary Control to ITER in Cadarache of 16-18 May 2011,

               —

               having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

               —

               having regard to Article 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 (2), and in particular Article 185 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 (3), and in particular Article 208 thereof,

               —

               having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (4), and in particular Article 5(3) 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 (5), and in particular Article 94 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 (A7-0077/2013),

               1.

               Grants the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2011;

               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 Director of the European Joint Undertaking for ITER and the Development of Fusion Energy, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 6, 10.1.2013, p. 36.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 90, 30.3.2007, p. 58.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of its Decision on discharge for the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011, together with the replies of the Joint Undertaking (1),

                  —

                  having regard to the conclusions of the European Parliament Joint Delegation of the Committee on Budgets and the Committee on Budgetary Control to ITER in Cadarache of 16-18 May 2011,

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

                  —

                  having regard to Article 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 (2), and in particular Article 185 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 (3), and in particular Article 208 thereof,

                  —

                  having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (4), and in particular Article 5(3) 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 (5), and in particular Article 94 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 (A7-0077/2013),

                  A.

                  whereas the European Joint Undertaking for ITER and the Development of Fusion Energy (‘the Joint Undertaking’) was set up in March 2007 for a period of 35 years,

                  B.

                  whereas the Joint Undertaking started to work autonomously on March 2008,

                  C.

                  whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts of the Joint Undertaking for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  D.

                  whereas on 9 October 2008 the Court of Auditors delivered Opinion No 4/2008 on the Joint Undertaking’s Financial Regulation,

                  E.

                  whereas at the creation of the Joint Undertaking the indicative total resources deemed necessary for the period 2007 to 2014 were EUR 9 653 000 000;

         Budgetary and financial management

                  1.

                  Notes that the annual accounts of the Joint Undertaking fairly present, in all material respects, its financial position as of 31 December 2011 and the results of its operations and its cash flows for the year then ended, in accordance with the provisions of its Financial Regulation;

                  2.

                  Acknowledges that the transactions underlying the annual accounts of the Joint Undertaking for the financial year 2011 are, in all material respects, legal and regular;

                  3.

                  Notes that the utilisation rates for the available commitment and payment appropriations were 99,7 % and 85,7 % respectively; points out that out of EUR 611 000 000 of commitment appropriations available for operational activities, 42 % were implemented through direct individual commitments while the remaining 58 % were implemented through global commitments;

                  4.

                  Welcomes the appointment of the Head of the ITER Department, the Head of Administration and the Head of the Budget and Finance unit in 2011 following the adaptation of the management improvement plan to separate financial and operational functions in 2010;

                  5.

                  Regrets that the Joint Undertaking’s Internal Auditor raised concerns about the financial circuits and moreover the separation of duties; urges the Joint Undertaking to put in place without delay a proper systematisation of the financial circuits and to segregate all duties that are incompatible;

                  6.

                  Expects the Joint Undertaking to:

                              —

                              fully implement and make use of an integrated tool to administer budget, financial and operational information;

                              —

                              fully implement the action plans adopted by the Joint Undertaking in response to the internal audits on the financial circuits, grant management and experts contracts;

                              —

                              complete the validation of the underlying systems by the accounting officer;

                              —

                              adopt a comprehensive ex post audit strategy for grants and operational contracts;

                              —

                              carry out a risk management exercise at corporate level;

         Procurement and grants

                  7.

                  Emphasises the fact that, as already pointed out in the Court of Auditors’ 2010 report, the Joint Undertaking needs to enhance its efforts to increase competition as the number of offers received for the operational procurement procedures signed in 2011 was still low and amounted to two on average while for grants the average number of proposals received was only one per call; acknowledges that the Joint Undertaking’s nature of work is characterised by the procurement of high technological components, never built before and without any commercial value, designed for the construction of an experimental fusion reactor in an extremely complex market in which monopoly or oligopoly situations are predominant; reiterates that the Joint Undertaking must find value for money in all possible acquisitions;

                  8.

                  Regrets that in one case, the decision to cancel an open procedure and to use a negotiated procedure was not duly justified while in another case, the Joint Undertaking decided to negotiate with two companies which submitted offers under the open procedure (although one of them was not technically compliant); further regrets that in another situation both the choice of the negotiated procedure and the quantities and price contracted were not duly justified;

                  9.

                  Is concerned that the Court of Auditors’ audit has confirmed the findings of an internal audit carried out in 2011 in the area of procurement, notably:

                              —

                              the pre-information notice is not used as an instrument for increasing ex ante publicity of forthcoming tenders;

                              —

                              there is no system to track and manage changes in the contract requirements and thus identify and remedy cost deviations;

                              —

                              the duration of the procurement process is often excessive and there are inefficiencies in preparing tender documents;

                              —

                              cost estimates are not well documented;

                  10.

                  Calls, in this respect, for a detailed progress report which makes specific proposals to gradually rectify these shortcomings;

                  11.

                  Deplores the fact that the Court of Auditors’ audit also revealed that the ex ante control procedures applied to payments made under contracts and grant agreements are not sufficiently documented;

         Quality assurance audits and ex post controls on procurement and grants

                  12.

                  Is concerned by the fact that while the Joint Undertaking has a system to perform audits at the level of contractors with the aim of checking compliance with the quality assurance requirements the scope of these audits does not cover the financial aspects of the implementation of the contracts; calls the Joint Undertaking to ensure that the audit system scope covers the protection of the financial interest of the Joint Undertaking covering financial and contractual aspects;

                  13.

                  Takes note that despite having started in 2011 the ex post controls to assess the legality and regularity of the implementation of grants awarded the Joint Undertaking lacks an overall ex post control strategy to cover the implementation of grant contracts and procurement contracts; urges the Joint Undertaking to define and implement an overall ex post control strategy that covers in full their expended budgetary resources;

         Intellectual property rights and Industrial Policy

                  14.

                  Acknowledges that on 28 March 2012, the Governing Board adopted the Joint Undertaking’s policy on intellectual property rights and dissemination of information; notes, however, that the Governing Board has not yet adopted the industrial policy required under the Statutes;

         Late payment of membership contributions

                  15.

                  Deplores the fact that payment of the 2011 contributions by 12 members were subject to delays;

                  16.

                  Considers it to be essential that the deadline for paying membership contributions is respected by all Members of the Joint Undertaking; supports the fact that those measures were approved by the Governing Board for interest to be levied on Annual Membership Contribution in the event of late payment;

         Commission Internal Audit Service

                  17.

                  Notes that the mission charter of the Commission’s Internal Audit Service was adopted by the Governing Board on 25 November 2011 together with a coordinated strategic audit plan for 2012-2014 and its Financial Regulation has been amended accordingly to introduce the provisions of the framework Regulation referring to the powers of the Commission’s Internal Auditor; recalls that the Joint Undertaking started to work autonomously on March 2008;

         Financial Regulation and Implementing Rules

                  18.

                  Welcomes the fact that at its meeting of 1 June 2011 the Joint Undertaking’s Governing Board decided to broadly accept the observations (37 recommendations were fully accepted, 11 accepted with comments and only two rejected) of the Court of Auditors’ Opinion No 4/2008 on Fusion for Energy’s Financial Regulation;

                  19.

                  Takes note that the Court of Auditors considers that certain provisions in the Joint Undertaking’s implementing rules depart from the implementing rules of the Union Financial Regulation without sufficient justification; welcomes the Joint Undertaking’s clarification that the amended implementing rules provide sufficient guidance for the implementation of the activities the Joint Undertaking in what respects for instance the conditions to raise and grant loans or the rules for valuing in-kind contributions;

         Union contribution to ITER construction phase

                  20.

                  Recalls that in July 2010, the Council revised the budget estimate of the Joint Undertaking’s contribution for the construction phase to EUR 6 600 000 000 (2008 value), thus doubling the initial estimate; is concerned that the Joint Undertaking is realising an exercise to align all the incurred cost up to date to the 2008 values in order to be able to establish the potential deviations from that budget estimates; takes note that the Joint Undertaking implemented a tool to regularly monitor the validity of the estimates and report on potential deviations; expects the Joint Undertaking to inform the discharge authority of the results of that analysis;

         Host State agreement

                  21.

                  Recognises that although a Host State agreement on the site and support, privileges and immunities was signed between the Kingdom of Spain and the Joint Undertaking, the permanent premises were yet not made available to the Joint Undertaking; notes, however, that the Joint Undertaking continues to occupy temporary premises sponsored by the Kingdom of Spain;

         Other issues

                  22.

                  Reiterates its invitation for the Court of Auditors to provide, within a reasonable deadline, a special report to Parliament on common issues which occur due to the nature of the joint undertakings, and which should be addressed by the joint undertakings together with their partners in order to ensure their added value and efficient execution of Union research, technological development and demonstration programmes; notes, furthermore, that that report should include an assessment of the effectiveness of the joint undertakings’ establishment and structure.

         (1)  OJ C 6, 10.1.2013, p. 36.

         (2)  OJ L 248, 16.9.2002, p. 1.

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

         (4)  OJ L 90, 30.3.2007, p. 58.

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


title: 2013/558/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the Translation Centre for the Bodies of the European Union for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Translation Centre for the Bodies of the European Union for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/169

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the Translation Centre for the Bodies of the European Union for the financial year 2011
   (2013/558/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2011, together with the Centre’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               having regard to Article 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 (2), and in particular Article 185 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 (3), and in particular Article 208 thereof,

               —

               having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (4), and in particular Article 14 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 (5), and in particular Article 94 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 (A7-0069/2013),

               1.

               Grants the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2011;

               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 Director of the Translation Centre for the Bodies of the European Union, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 12.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 314, 7.12.1994, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Translation Centre for the Bodies of the European Union for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2011, together with the Centre’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

                  —

                  having regard to Article 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 (2), and in particular Article 185 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 (3), and in particular Article 208 thereof,

                  —

                  having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (4), and in particular Article 14 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 (5), and in particular Article 94 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 (A7-0069/2013),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the Translation Centre for the Bodies of the European Union (‘the Centre’) for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas on 10 May 2012, Parliament granted the Director of the Centre discharge for implementation of the Centre’s budget for the financial year 2010 (6), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              called on the Centre to ensure compliance with Article 60 of its Financial Regulation by establishing financing decisions for operational expenditure; asked the Centre, in particular, to establish stronger controls in the procurement planning process,

                              —

                              called on the Centre to analyse the data flow and tools used for budget planning and establish controls; noted, in that respect, that the Centre’s budget planning is based on Excel tools and manual or system-based controls of data which could result in calculation errors and wrong expenditure planning and ultimately have a negative impact on the Centre’s pricing,

                              —

                              noted that out of the 12 ‘very important’ recommendations from the Internal Audit Service (IAS), the Centre rejected the recommendation on financial reporting; called on the Centre to inform the discharge authority about the reasons for that decision,

                  C.

                  whereas the Centre’s final budget for 2011 was EUR 51 299 000, compared to EUR 55 928 077 in 2010, which represents a decrease of 8,27 %,

         Budgetary and financial management

                  1.

                  Notes that the Centre’s budget includes revenue comprising payments made by the bodies for which the Centre works and by Union institutions and bodies with which collaboration has been agreed in return for work performed, including inter-institutional activities, and any other revenue;

                  2.

                  Recalls that the Centre’s 2011 budget amounted to EUR 51 299 000 and that the 2011 budget outturn decreased to EUR 1 201 339,13 in 2011, as compared to EUR 8 319 397,02 in 2010, which represents a decrease of 85,56 %; notes, moreover, from the Court of Auditors’ report that the decrease mainly resulted from a 15 % decrease in revenues, reflecting the Centre’s new pricing policy, which aims to align the prices of products with their costs;

                  3.

                  Acknowledges from the Court of Auditors’ report that the accumulated budget surplus decreased from EUR 9 231 709,81 in 2010 to EUR 2 973 348,94 in 2011 and that that reduction is the net effect of the 2011 budget surplus and allocations to reserves for pricing stability and for exceptional investments;

                  4.

                  Notes from the Centre’s Annual Activity Report (AAR) that in its original budget for 2011, EUR 46 956 800 was the subject of an amending budget, adopted by the Management Board on 13 October 2011; acknowledges, in particular, that the purpose of the amending budget was twofold:

                              —

                              to include the budgetary surplus from previous years, namely EUR 9 231 709,81, and to use that surplus to create two exceptional reserves, one for the development of a more effective translation demand management tool (E-CdT programme) (EUR 4 325 709,81) and the other reserve to allow the Centre to keep prices stable in 2012 and 2013 (EUR 4 906 000),

                              —

                              to rebalance the budget following a significant decrease in client forecasts;

                  5.

                  Notes, moreover, that the amount of the reserve for stability pricing was lower than the one proposed because EUR 1,8 million of the surplus had to be used to compensate the fall in revenue from clients already in 2011, and therefore the final amount of the reserve was only EUR 7,4 million;

         Commitments

                  6.

                  Establishes from the AAR that the total commitments under Title I reached 95,12 % for 2011, which represents a significant improvement compared to 2010, when only 91,5 % of the budget was consumed (85 % in 2009); notes, moreover, that the carry-overs are limited, representing only 1,32 % of commitments;

                  7.

                  Acknowledges from the AAR that the total commitments under Title II reached 94,44 % for 2011, which represents a considerable improvement compared to 2010, when only 86,30 % of the budget was committed (88 % in 2009);

                  8.

                  Takes note from the AAR that for Title III, 99,4 % of the budget was committed by the year end 2011, compared to 80,5 % in 2010, that high level of budget execution being the result of cuts made in the amending budget;

         Human resources

                  9.

                  Acknowledges from the AAR that by the end of 2011, 205 posts of the establishment plan had been filled, which represents 91,1 % of the anticipated total number; notes, moreover, that in line with the Centre’s continuous efforts to optimise working methods and reduce costs, a new screening of all the Centre’s posts was performed in 2011 which led to a reduction of five posts as of 2012 (by considering that reduction, the establishment plan would be 93,18 % filled);

                  10.

                  Observes that during the year, four staff members used the opportunity of internal staff mobility and changed jobs at the Centre;

         Data protection

                  11.

                  Takes note that in 2011, in order to increase the independence of the function, the Centre appointed a new Data Protection Officer; notes that the number of prior check notifications made to the European Data Protection Supervisor (EDPS) in 2011 was four, namely video surveillance, the disciplinary procedure, anti-harassment policy and the certification procedure; notes, moreover, that for video surveillance, the case was closed with a favourable opinion, for the disciplinary and anti-harassment procedures, complementary information was sent to the EDPS at his request and for certification, the EDPS feedback is still pending; calls on the Centre to keep the discharge authority informed about the state of play of the notifications;

         Procurement procedures

                  12.

                  Takes note that in compliance with Article 60 of its Financial Regulation, in 2010 the Centre established the Procurement Plan 2011 which serves as the Financing Decision of the Centre’s Management Board; notes, moreover, that the plan is an integral part of the Centre’s Work Programme 2011, which was approved by the Management Board on 27 October 2010;

         Accounting system

                  13.

                  Acknowledges that in May 2012, accrual-based accounting, the accounting system used by the Commission for budgetary accounting, has been implemented in the Centre and that the Accountant will finalise the validation of accounting system in the first quarter of 2013; calls on the Centre to inform the discharge authority of the state of play of the validation of the accounting system;

                  14.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its Resolution of 17 April 2013 (7) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 12.

         (2)  OJ L 248, 16.9.2002, p. 1.

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

         (4)  OJ L 314, 7.12.1994, p. 1.

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

         (6)  OJ L 286, 17.10.2012, p. 141.

         (7)  Texts adopted, P7_TA(2013)0134 (see page 374 of this Official Journal).


title: 2007/8/EC,Euratom: Decision of the Representatives of the Governments of the Member States of the European Union of 1 January 2007 appointing judges at the Court of First Instance of the European Communities

text:
               4.1.2007

               EN

               Official Journal of the European Union

               L 1/19

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION

   of 1 January 2007
   appointing judges at the Court of First Instance of the European Communities
   (2007/8/EC, Euratom)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,
   Having regard to the Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded, and in particular Article 46(1) and (2), second subparagraph, thereof,
   Whereas:

               (1)

               Article 46(1) and (2), second subparagraph, of the Act of Accession provides for the appointment of two judges to the Court of First Instance. The term of office of one of those judges is to expire on 31 August 2007. This judge is to be chosen by lot. The term of office of the other judge is to expire on 31 August 2010.

               (2)

               Two additional judges to the Court of First Instance should therefore be appointed, in accordance with the said Article, after having drawn lots as provided for therein,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Mr Theodore CHIPEV is hereby appointed a judge at the Court of First Instance for the period from 1 January 2007 to 31 August 2007.
   Article 2
   Mr Valeriu CIUCĂ is hereby appointed a judge at the Court of First Instance for the period from 1 January 2007 to 31 August 2010.
   Article 3
   This Decision shall take effect on 1 January 2007.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 1 January 2007.

            The President

         W. SCHÖNFELDER


title: 2010/286/: Council Decision of 19 January 2010 on the existence of an excessive deficit in Italy

text:
               21.5.2010

               EN

               Official Journal of the European Union

               L 125/40

         COUNCIL DECISION
   of 19 January 2010
   on the existence of an excessive deficit in Italy
   (2010/286/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union and, in particular, Article 126(6) in conjunction with Article 126(13) and Article 136 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the observations made by Italy,
   Whereas:

               (1)

               According to Article 126(1) of the Treaty on the Functioning of the European Union, Member States shall avoid excessive government deficits.

               (2)

               The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

               (3)

               The excessive deficit procedure (EDP) under Article 126 of the Treaty on the Functioning of the European Union, as clarified by Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (1) (which is part of the Stability and Growth Pact), provides for a decision on the existence of an excessive deficit. Regulation (EC) No 1467/97 also establishes provisions for the implementation of Article 104 of the Treaty establishing the European Community, which has become Article 126 of the Treaty on the Functioning of the European Union. The Protocol on the excessive deficit procedure annexed to the Treaty on the Functioning of the European Union sets out further provisions relating to the implementation of the EDP. Council Regulation (EC) No 479/2009 (2) lays down detailed rules and definitions for the application of the provisions of that Protocol.

               (4)

               The 2005 reform of the Stability and Growth Pact sought to strengthen its effectiveness and economic underpinnings as well as safeguard the sustainability of the public finances in the long run. It aimed at ensuring that, in particular, the economic and budgetary background was taken into account fully in all steps in the EDP. In this way, the Stability and Growth Pact provides the framework supporting government policies for a prompt return to sound budgetary positions taking account of the economic situation.

               (5)

               Article 104(5) of the Treaty establishing the European Community, which has become Article 126(5) of the Treaty on the Functioning of the European Union, required the Commission to address an opinion to the Council if the Commission considered that an excessive deficit in a Member State existed or might occur. Having taken into account its report in accordance with Article 104(3) of the Treaty establishing the European Community, which has become Article 126(3) of the Treaty on the Functioning of the European Union, and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4)of the Treaty establishing the European Community, which has become Article 126(4) of the Treaty on the Functioning of the European Union, the Commission concluded that an excessive deficit existed in Italy. The Commission therefore addressed such an opinion to the Council in respect of Italy on 11 November 2009 (3).

               (6)

               Article 126(6) of the Treaty on the Functioning of the European Union states that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists. In the case of Italy, this overall assessment leads to the conclusions set out in this Decision.

               (7)

               According to data notified by the Italian authorities in October 2009, the general government deficit in Italy is planned to reach 5,3 % of GDP in 2009, thus exceeding and not close to the 3 % of GDP reference value. The planned excess over the reference value can be qualified as exceptional within the meaning of the Treaty and the Stability and Growth Pact. In particular, it results from a severe economic downturn in the sense of the Treaty and the Stability and Growth Pact. The Commission services’ autumn 2009 forecast projects real GDP in Italy to contract by 4,7 % in 2009, after decreasing by 1 % in 2008. A moderate recovery is anticipated for 2010, strengthening in 2011. Furthermore, the planned excess over the reference value cannot be considered temporary, since the deficit is projected to increase further in 2010 and, on a no-policy change basis, to decrease marginally in 2011. The discretionary measures taken with the successive recovery packages to respond to the crisis in line with the European Economic Recovery Plan (targeted to support low-income groups and key industrial sectors) are not expected to appreciably weigh on the government balance, as they are, according to the Italian authorities, fully financed mainly by the reallocation of existing funds. The deficit criterion in the Treaty is not fulfilled.

               (8)

               According to data notified by the Italian authorities in October 2009, general government gross debt has been well above the 60 % of GDP reference value since before the start of stage III of the economic and monetary union and is planned to stand at 115,1 % of GDP in 2009. The Commission services’ autumn 2009 forecast projects the debt ratio to rise further, to 117,8 % in 2011. The debt ratio cannot be considered as diminishing sufficiently and approaching the reference value at a satisfactory pace within the meaning of the Treaty and the Stability and Growth Pact. The debt criterion in the Treaty is not fulfilled.

               (9)

               According to Article 2(4) of Regulation (EC) No 1467/97, ‘relevant factors’ can only be taken into account in the steps leading to the Council decision on the existence of an excessive deficit in accordance with Article 126(6) of the Treaty on the Functioning of the European Union if the double condition — that the deficit remains close to the reference value and that its excess over the reference value is temporary — is fully met. In the case of Italy, this double condition is not met. Therefore, relevant factors are not taken into account in the steps leading to this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   From an overall assessment it follows that an excessive deficit exists in Italy.
   Article 2
   This Decision is addressed to the Italian Republic.

      Done at Brussels, 19 January 2010.

            For the Council

            The President

         E. SALGADO

      (1)  OJ L 209, 2.8.1997, p. 6.

      (2)  OJ L 145, 10.6.2009, p. 1.

      (3)  All EDP-related documents for Italy can be found at the following website: http://ec.europa.eu/economy_finance/netstartsearch/pdfsearch/pdf.cfm?mode = _m2