title: 2009/62/EC: Council Decision of 26 January 2009 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2008/583/EC

text:
               27.1.2009

               EN

               Official Journal of the European Union

               L 23/25

      COUNCIL DECISION

   of 26 January 2009
   implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2008/583/EC
   (2009/62/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,
   Whereas:

               (1)

               On 15 July 2008 the Council adopted Decision 2008/583/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (2), establishing an updated list of persons, groups and entities to which that Regulation applies.

               (2)

               The Council has provided all the persons, groups and entities for which it was practically possible with statements of reasons explaining why they were listed in Decision 2008/583/EC. In the case of one person an amended statement of reasons was provided in October 2008.

               (3)

               By way of a notice published in the Official Journal of the European Union
                   (3) the Council informed the persons, groups and entities listed in Decision 2008/583/EC that it had decided to keep them on the list. The Council also informed the persons, groups and entities concerned that it was possible to request a statement of the Council’s reasons for putting them on the list where one had not already been communicated to them.

               (4)

               The Council has carried out a complete review of the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies, as required by Article 2(3) of that Regulation. When doing so it took account of observations submitted to the Council by those concerned.

               (5)

               Following the judgment of the Court of First Instance of 4 December 2008 in Case T-284/08, one group has not been included in the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies.

               (6)

               The Council has concluded that the other persons, groups and entities listed in the Annex to Common Position 2008/586/CFSP of 15 July 2008 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (4) have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Council Common Position 2001/931/CFSP (5), that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of Common Position 2001/931/CFSP, and that they should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

               (7)

               The list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be updated accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be replaced by the list set out in the Annex to this Decision.
   Article 2
   Decision 2008/583/EC is hereby repealed.
   Article 3
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 26 January 2009.

            For the Council

            The President

         A. VONDRA

      (1)  OJ L 344, 28.12.2001, p. 70.

      (2)  OJ L 188, 16.7.2008, p. 21.

      (3)  OJ C 179, 16.7.2008, p. 1.

      (4)  OJ L 188, 16.7.2008, p. 71.

      (5)  OJ L 344, 28.12.2001, p. 93.

      ANNEX
      List of persons, groups and entities referred to in Article 1
      1.   PERSONS

                  1.

                  ABOU, Rabah Naami (a.k.a. Naami Hamza, a.k.a. Mihoubi Faycal, a.k.a. Fellah Ahmed, a.k.a. Dafri Rèmi Lahdi), born 1.2.1966 in Algiers (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  2.

                  ABOUD, Maisi (a.k.a. The Swiss Abderrahmane), born 17.10.1964 in Algiers (Algeria), — member of ‘al Takfir’ and ‘al Hijra’

                  3.

                  AL-MUGHASSIL, Ahmad Ibrahim (a.k.a. ABU OMRAN, a.k.a. AL-MUGHASSIL, Ahmed Ibrahim), born 26.6.1967 in Qatif Bab al Shamal (Saudi Arabia), citizen of Saudi Arabia

                  4.

                  AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia

                  5.

                  AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia

                  6.

                  ARIOUA, Azzedine, born 20.11.1960 in Costantine (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  7.

                  ARIOUA, Kamel (a.k.a. Lamine Kamel), born 18.8.1969 in Costantine (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  8.

                  ASLI, Mohamed (a.k.a. Dahmane Mohamed), born 13.5.1975 in Ain Taya (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  9.

                  ASLI, Rabah, born 13.5.1975 in Ain Taya (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  10.

                  ATWA, Ali (a.k.a. BOUSLIM, Ammar Mansour, a.k.a. SALIM, Hassan Rostom), Lebanon, born 1960 in Lebanon, citizen of Lebanon

                  11.

                  BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) — member of the ‘Hofstadgroep’

                  12.

                  DARIB, Noureddine (a.k.a. Carreto, a.k.a. Zitoun Mourad), born 1.2.1972 in Algeria — member of ‘al Takfir’ and ‘al Hijra’

                  13.

                  DJABALI, Abderrahmane (a.k.a. Touil), born 1.6.1970 in Algeria — member of ‘al Takfir’ and ‘al Hijra’

                  14.

                  EL FATMI, Nouredine (a.k.a. Nouriddin EL FATMI, a.k.a. Nouriddine EL FATMI, a.k.a. Noureddine EL FATMI, a.k.a. Abu AL KA'E KA'E, a.k.a. Abu QAE QAE, a.k.a. FOUAD, a.k.a. FZAD, a.k.a. Nabil EL FATMI, a.k.a. Ben MOHAMMED, a.k.a. Ben Mohand BEN LARBI, a.k.a. Ben Driss Muhand IBN LARBI, a.k.a. Abu TAHAR, a.k.a. EGGIE), born 15.8.1982 in Midar (Morocco), passport (Morocco) No. N829139 — member of the ‘Hofstadgroep’

                  15.

                  EL-HOORIE, Ali Saed Bin Ali (a.k.a. AL-HOURI, Ali Saed Bin Ali, a.k.a EL-HOURI, Ali Saed Bin Ali), born 10.7.1965 or 11.7.1965 in El Dibabiya (Saudi Arabia), citizen of Saudi Arabia

                  16.

                  FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  17.

                  IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon

                  18.

                  LASSASSI, Saber (a.k.a. Mimiche), born 30.11.1970 in Constantine (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  19.

                  MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555

                  20.

                  MOKTARI, Fateh (a.k.a. Ferdi Omar), born 26.12.1974 in Hussein Dey (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  21.

                  NOUARA, Farid, born 25.11.1973 in Algiers (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  22.

                  RESSOUS, Hoari (a.k.a. Hallasa Farid), born 11.9.1968 in Algiers (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  23.

                  SEDKAOUI, Noureddine (a.k.a. Nounou), born 23.6.1963 in Algiers (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  24.

                  SELMANI, Abdelghani (a.k.a. Gano), born 14.6.1974 in Algiers (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  25.

                  SENOUCI, Sofiane, born 15.4.1971 in Hussein Dey (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  26.

                  SISON, Jose Maria (a.k.a Armando Liwanag, a.k.a Joma), born 8.2.1939 in Cabugao (Philippines) — person playing a leading role in the ‘Communist Party of the Philippines’, including ‘NPA’

                  27.

                  TINGUALI, Mohammed (a.k.a. Mouh di Kouba), born 21.4.1964 in Blida (Algeria) — member of ‘al Takfir’ and ‘al Hijra’

                  28.

                  WALTERS, Jason Theodore James (a.k.a. Abdullah, a.k.a. David), born 6.3.1985 in Amersfoort (The Netherlands), passport (The Netherlands) No. NE8146378 — member of the ‘Hofstadgroep’

            2.   GROUPS AND ENTITIES

                  1.

                  ‘Abu Nidal Organisation’ — ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’)

                  2.

                  ‘Al-Aqsa Martyrs' Brigade’

                  3.

                  ‘Al-Aqsa e.V.’

                  4.

                  ‘Al-Takfir’ and ‘Al-Hijra’

                  5.

                  ‘Aum Shinrikyo’ (a.k.a. ‘AUM’, a.k.a. ‘Aum Supreme Truth’, a.k.a. ‘Aleph’)

                  6.

                  ‘Babbar Khalsa’

                  7.

                  ‘Communist Party of the Philippines’, including ‘New People's Army’ — ‘NPA’, Philippines, linked to SISON, Jose Maria (a.k.a Armando Liwanag, a.k.a Joma, who plays a leading role in the ‘Communist Party of the Philippines’, including ‘NPA’)

                  8.

                  ‘Gama'a al Islamiyya’ (a.k.a. ‘Al-Gama'a al-Islamiyya’) (‘Islamic Group’ — ‘IG’)

                  9.

                  ‘İslami Büyük Doğu Akıncılar Cephesi’ — ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’)

                  10.

                  ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’

                  11.

                  ‘Hizbul Mujahideen’ — ‘HM’

                  12.

                  ‘Hofstadgroep’

                  13.

                  ‘Holy Land Foundation for Relief and Development’

                  14.

                  ‘International Sikh Youth Federation’ — ‘ISYF’

                  15.

                  ‘Kahane Chai’ (a.k.a. ‘Kach’)

                  16.

                  ‘Khalistan Zindabad Force’ — ‘KZF’

                  17.

                  ‘Kurdistan Workers' Party’ — ‘PKK’, (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’)

                  18.

                  ‘Liberation Tigers of Tamil Eelam’ — ‘LTTE’

                  19.

                  ‘Ejército de Liberación Nacional’ (‘National Liberation Army’)

                  20.

                  ‘Palestine Liberation Front’ — ‘PLF’

                  21.

                  ‘Palestinian Islamic Jihad’ — ‘PIJ’

                  22.

                  ‘Popular Front for the Liberation of Palestine’ — ‘PFLP’

                  23.

                  ‘Popular Front for the Liberation of Palestine — General Command’ (a.k.a. ‘PFLP — General Command’)

                  24.

                  ‘Fuerzas armadas revolucionarias de Colombia’ — ‘FARC’ (‘Revolutionary Armed Forces of Colombia’)

                  25.

                  ‘Devrimci Halk Kurtuluș Partisi-Cephesi’ — ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People's Liberation Army/Front/Party’)

                  26.

                  ‘Sendero Luminoso’ — ‘SL’ (‘Shining Path’)

                  27.

                  ‘Stichting Al Aqsa’ (a.k.a. ‘Stichting Al Aqsa Nederland’, a.k.a. ‘Al Aqsa Nederland’)

                  28.

                  ‘Teyrbazen Azadiya Kurdistan’ — ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’)

                  29.

                  ‘Autodefensas Unidas de Colombia’ — ‘AUC’ (‘United Self-Defense Forces/Group of Colombia’)


Avis juridique important

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32001D0935

2001/935/EC: Council Decision of 17 December 2001 on the signing, on behalf of the Community, and provisional application of an Agreement in the form of a Memorandum of Understanding between the European Community and the Islamic Republic of Pakistan on transitional arrangements in the field of market access for textile and clothing products

Official Journal L 345 , 29/12/2001 P. 0080 - 0080

Council Decisionof 17 December 2001on the signing, on behalf of the Community, and provisional application of an Agreement in the form of a Memorandum of Understanding between the European Community and the Islamic Republic of Pakistan on transitional arrangements in the field of market access for textile and clothing products(2001/935/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first and second subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has negotiated on behalf of the Community a bilateral Agreement in the form of a Memorandum of Understanding on trade in textile products with Pakistan.(2) The Agreement in the form of a Memorandum of Understanding was initialled on 15 October 2001.(3) The Agreement in the form of a Memorandum of Understanding should be signed on behalf of the Community.(4) In order to allow its benefits to accrue to both Parties immediately following the relevant notifications to the World Trade Organisation, it is appropriate to apply this Agreement on a provisional basis as from 1 December 2001 pending completion of the relevant procedures for its formal conclusion, subject to reciprocity,HAS DECIDED AS FOLLOWS:Article 1The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of a Memorandum of Understanding between the European Community and the Islamic Republic of Pakistan on transitional arrangements in the field of market access for textile and clothing products on behalf of the Community subject to its conclusion.The text of the Agreement is attached to this Decision.Article 2Subject to reciprocity, the Agreement in the form of a Memorandum of Understanding shall be applied on a provisional basis as from 1 December 2001 pending the completion of the procedures for its formal conclusion.Article 3The Commission shall reapply the quota levels at those formerly applicable in the event of the failure on the part of Pakistan to fulfil the obligations covered by points 2 and 4 of the Memorandum of Understanding in accordance with the procedure referred to in Article 17 of Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries(1).Done at Brussels, 17 December 2001.For the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 1809/2001 (OJ L 252, 20.9.2001, p. 1).


title: 2011/56/EU: Council Decision of 26 July 2010 on the signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction

text:
               29.1.2011

               EN

               Official Journal of the European Union

               L 26/1

         COUNCIL DECISION
   of 26 July 2010
   on the signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction
   (2011/56/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 168(5), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (1) provides, in Article 21 thereof, that the European Monitoring Centre for Drugs and Drug Addiction shall be open to the participation of any third country that shares the interests of the Union and its Member States in the Centre’s objectives and work.

               (2)

               On 11 July 2006 the Council authorised the Commission to open negotiations with the Republic of Croatia for an Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction (hereinafter ‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement.

               (3)

               The Agreement should be signed on behalf of the Union, subject to its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction (hereinafter ‘the Agreement’) is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion (2).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 26 July 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 376, 27.12.2006, p. 1.

      (2)  The text of the Agreement will be published together with the decision on its conclusion.


title: Decision of the European Parliament of 9 May 1973 on the giving of a discharge to the Commission in respect of the implementation of the European Communities' budget for the financial year 1970 and on the Report of the Audit Board

text:
No L 145 /30                         Official Journal of the European Communities                         2 . 6 . 73
                                     EUROPEAN PARLIAMENT
                                  DECISION OF THE EUROPEAN PARLIAMENT
                                                        of 9 May 1973
             on the giving of a discharge to the Commission in respect of the implementation of the
             European Communities' budget for the financial year 1970 and on the Report of the
                                                         Audit Board
                                              (73 / 116/ECSC, EEC, Euratom)
              THE EUROPEAN PARLIAMENT,
             Having regard to the accounts and statements for the financial year 1970 and the
             accounts of the Euratom Supply Agency (Doc. 163 /71-11 and IV);
              Having regard to the Report of the Committee on Budgets ( Doc. 38 /73 );
             Having regard to the Council Decision of 20 February 1973 (*) on the giving of a
             discharge to the Commission, and to the reservations continued in the Annex to the
             Council Decision which it endorses ;
             Having regard to the Report of the Audit Board on the accounts for the financial year
              1970 and the answers of the institutions to that Report ( Doc. 163/71-111 A and B );
                                                              I
                                                  Decision on a discharge
              1.    Establishes the total of the Communities' expenditure for the financial year 1970
             at 2 521 275 009-61 u.a., made up as follows :
              — Administrative expenditure                                           117 466 553-89 u.a .
            — European Social Fund                                                    37 041 700-72 u.a.
            — EAGGF                                                                2 366 766 755-00 u.a .
            2.      Dccides to give the Commission a final discharge in respect of the implementation
              of the 1970 budget and refers to the following critical remarks :
                                                              n
             The accounting procedures of the Funds, of the administrative budget and of the
                                              research and investment budget
             ( a) EAGGF
            3.      Notes again with great regret that the largest single expenditure heading of the
             European Budget, namely the expenditure of the ' Guarantee' section of the Agricultural
             Fund , is not subject to adequate external control and that the Audit Board is unable to
            give the official bodies binding information on the financial management of the Fund
             ( Section 110 , paragraph 7, of the Audit Report for the financial year 1970 );
             0 ) See p. 23 of this Official Journal.
 ---pagebreak--- 2.6.73                         Official Journal of the European Communities                           No L 145 / 31
       4. Regrets once again the inadequate local supervision by EAGGF services ; this
       situation must be remedied in view of the new financial regulations for the common
       agricultural policy and the transition to the Communities' own resources ;
       5.     Finds it intolerable that there are still delays in meeting the due dates for closure
       of the accounts ; as a result the Fund's expenditure is only audited five years after the
       measures in question are put into effect;
       6.     Urges the Commission to present an immediate report on the frequent instances
       of fraud which still occur in the agricultural sector, on their budgetary significance and
       on the consequences of measures taken up to now by the Commission of the European
       Communities and by the Member States, and reminds the Commission of its obligations
       deriving from Article 10 of Regulation (EEC) No 729/70 ;
       7 . Urges the Commission to concentrate on spot-check auditing operations covering
       individual projects in all their aspects on a random sample basis ;
       8 . Believes, in view of the constantly recurring shortcomings in EAGGF financial
       management and the difficulty of supervising them, that the Commission must make
       considerably greater efforts to achieve substantial progress in this matter;
       9 . States therefore now that it can give the Commission of the European Communities
       no further discharge for future financial years, unless progress is made in the financial
       administration and control of the Agricultural Fund and the Commission moves closer
       to the Parliament's views on auditing procedures ;
       (b) European Social Fund
       10. Deplores the long delays even in 1970 in the submission and examination of
       applications for assistance, the inadequate cooperation with national administrations,
       the shortage of staff in the Social Fund, the low rate of utilization of funds and, as a
       result, the fact that they are allowed to lie unused, and the difficulty of controlling
       expenditure calculated in lump sums ;
        11 . Is astonished by the differences between the average costs of retraining pro
       grammes, which vary between the different Member States in a ratio of 1 to 9 , and by
       the alleged difficulty of levelling out these differences within the overall activities of the
       Social Fund ;
       12 . Believes that control by the Audit Board ought not to be restricted by Commission
        procedures which the Audit Board stated are the reasons why it can no longer'
       satisfactorily perform its duties in regard to the expenditure of the Social Fund ;
       13 .     Considers therefore that the Parliament's positive decision on a discharge for the
        Social Fund's accounts for future financial years must be withheld if matters of auditing
       procedure cannot be clarified with the Commission and the remarks of the budgetary
       authorities are not taken into account;
        14. Gives the final discharge in respect of the accounts of the Social Fund for the
       financial year 1969 on the basis of the judgment handed down in the meantime by the
       Court of Justice;
       (c) The Administrative Budget of the Institutions
        15 . Urges the Commission to take note of the observations of the Audit Board, with
       particular reference to :
        ( a) the over-frequent entries of funds in accounts outside the budget which at times
             make subsequent auditing of certain budget transactions impossible;
 ---pagebreak--- No L 145/32                         Official Journal of the European Communities                            2. 6. 73
            ( b ) the annually recurring over-spending and transfer of funds under certain budget
                   headings which falsify the appropriations authorized by the budget authorities ;
            (c) the strict application of the principle of separation of the power of authorization
                  from accounting;
            (d) the criticism that deposited and cash holdings in securities and funds cannot be
                  supervised;
            (e) the lack of opportunity to determine the results of investigations and surveys and the
                  use to which they can be put;
            ( f) the availability of realistic revenue accounts ;
            16. Demands an immediate report from the Commission on the correction of the
            shortcomings in the Luxembourg computer centre, which, according to the Audit Board,
            appear to be in striking contrast to the requirements of sound financial management ;
            17.      Is therefore setting up an investigating committee within the framework of the
            Committee on Budgets with the task of working out a constructive solution with the
            Commission ;
            ( d) The research and investment budget
            18 . Urges the Commission to ensure that the departments responsible for the research
            and investment budget submit to the Audit Board or prepare the documents which the
            latter regards as necessary for the performance of its duties ; this applies in particular to :
            ( a) the checking of the classification of expenditure according to different programme
                  measures for which only material accuracy of the calculations could be determined
                  and not the accuracy of the content;
            ( b ) the list of code numbers for payment orders ; although these were changed during
                   the financial year, the audit board was either not informed of this or informed only
                  subsequently;
            ( c) the entry of a large number of transactions in accounts other than the normal ones ;
            ( d) the lack of documentation on the progress of research work and the execution of
                  contracts (the Audit Board had raised these matters in its 1965 Report);
            19 . Notes that infringements of the principle that the budget is restricted to one year
            are contrary to the existing rules and bypass the decisions of the budget authorities ;
           20.       Urges the Commission, when presenting the operational budget, to prepare full
            details on the administration of the various funds, an essential precondition for making
            an evaluation ;
                                                           III
                                              European Development Fund
            21 . Urges the Council to give the Commission a discharge in respect of the
            implementation of the 1970 budget after agreeing to the remarks and reservations
           contained hereinafter;
 ---pagebreak--- 2 . 6 . 73                          Official Journal of the European Communities                         No L 145 /33
           22 . Expresses its earnest desire that, in harmony with the evolution of the right to
           audit and give discharges in respect of the implementation of the general budget as a
           result of the Treaty of 22 April 1970, it will also be authorized to give discharges in
           respect of the budgetary measures of the EDF;
           23 .     Welcomes the recent speeding up of the allocation of the resources of the third
           European Development Fund ;
           24. Appreciates the fact that all records of administrative accounts and balances are
           being kept on cards so that accounts can be balanced every month, thus facilitating the
           task of auditing;
           25 .     Considers that, if certain errors and omissions to which attention was drawn in
           the Audit Board's Report for 1970 are to be avoided :
            ( a) the Commission of the European Communities should ensure painstaking and strict
                 application of the regulations governing the working procedure of the Development
                  Fund and also of its financial regulations, both of which have already been
                 supplemented and improved by the Commission ;
           ( b ) a more precise definition of the terms of reference and division of responsibilities
                 of the various auditors, authorizing officers, accounting officers, bookkeepers and
                 officials empowered to authorize advances, would help to create the best possible
                 conditions for financing and administering Community aid ;
            (c) it is essential, pursuant to Article 49 of the Financial Regulations, for normal
                 conditions of competition to be ensured when contracts are awarded;
           ( d) the choice of consultancy offices to assist with technical aid related to investments
                 and with the general technical cooperation for which the Commission is responsible,
                 should be made under conditions which allow of a minimum of competition, and
                 if the projects are not carried out or not completed by the agreed time limit financial
                 penalties should be laid down;
           ( e) the present percentage figure for over-spending due to technical difficulties and to
                 the use of quantities of supplies exceeding those estimated for the execution of
                 projects must be lowered ;
            26.      Is convinced that greater vigilance and stringency in applying the current
           regulations would have enabled many of the problems encountered in the financing of
            the three programmes for the training of supervisory staff for the operation and
           management of OTRACO to be avoided ; regrets that these projects were marred by
           several of the problems referred to above, but recognizes that the Commission did try
           to remedy the situation;
           27.      Requests the Commission to remedy the delays which have occurred in submitting
           the accounts of the European Cooperation Association and also to improve the
           provisions for the payment of scholarship funds .
           Done at Strasbourg, 9 May 1973 .
                                                                        For the European Parliament
                                                                              Maurice DEWULF
                                                                                Vice-President


Avis juridique important

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32003D0910

2003/910/EC: Council Decision of 22 December 2003 on the appointment of the Special Coordinator of the Stability Pact for South-Eastern Europe

Official Journal L 342 , 30/12/2003 P. 0051 - 0052

Council Decisionof 22 December 2003on the appointment of the Special Coordinator of the Stability Pact for South-Eastern Europe(2003/910/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1080/2000 of 22 May 2000 on support for the United Nations Interim Mission in Kosovo (UNMIK) and the Office of the High Representative in Bosnia and Herzegovina (OHR) and the Stability Pact for South-Eastern Europe (SP)(1), and in particular Article 1a thereof,Having regard to the proposal from the Commission,Whereas:(1) On 10 June 1999 the Foreign Ministers of the Member States of the European Union and the European Commission, together with the other participants in the Stability Pact for South-Eastern Europe agreed to establish a Stability Pact for South-Eastern Europe, hereinafter called the "Stability Pact".(2) Council Joint Action 2002/964/CFSP of 10 December 2002 amending and extending the mandate of the Special Representative of the European Union to act as Special Coordinator of the Stability Pact for South-Eastern Europe(2), is due to expire on 31 December 2003.(3) Article 1a of Regulation (EC) No 1080/2000 provides for a procedure for the appointment of the Special Coordinator of the Stability Pact as from 1 January 2004.(4) It is necessary to establish, together with the appointment, a mandate for the Special Coordinator. The mandate laid down in Joint Action 2002/964/CFSP for the Special Representative is suitable to apply to the Special Coordinator.(5) It is appropriate to lay down clear lines of responsibility as well as guidance on coordination and reporting,HAS DECIDED AS FOLLOWS:Article 1Dr Erhard BUSEK is hereby appointed Special Coordinator of the Stability Pact for South-Eastern Europe.Article 2The Special Coordinator shall carry out the functions provided for in point 13 of the Stability Pact document of 10 June 1999.Article 3In order to achieve the objective referred to in Article 2, the mandate of the Special Coordinator shall be to:(a) promote achievement of the Stability Pact's objectives within, and between, the individual countries, where the Stability Pact proves to have an added value;(b) chair the South-Eastern Europe Regional Table;(c) maintain close contact with all participants and facilitating States, organisations and institutions of the Stability Pact, as well as relevant regional initiatives and organisations, with a view to fostering regional cooperation and enhancing regional ownership;(d) cooperate closely with all institutions of the European Union and its Member States in order to promote the role of the European Union in the Stability Pact in accordance with points 18, 19, and 20 of the Stability Pact document and to ensure complementarity between the work of the Stability Pact and the Stabilisation and Association Process;(e) meet periodically and collectively as appropriate with the Chairs of the Working Tables to ensure strategic overall coordination and provide the secretariat of the South-Eastern Europe Regional Table and its instruments;(f) work on the basis of a list, agreed in advance and in consultation with the participants of the Stability Pact, of priority actions for the Stability Pact to implement during the course of 2004, and keep the working methods and structures of the Stability Pact under review, ensuring consistency and efficient use of resources.Article 4The Special Coordinator shall conclude a financing agreement with the Commission.Article 5The activities of the Special Coordinator shall be coordinated with those of the Secretary-General of the Council/High Representative for the CFSP, the Presidency of the Council and the Commission, notably in the framework of the Informal Consultative Committee. In the field, close liaison shall be maintained with the Presidency of the Council, the Commission, the Member States' Heads of Mission, the Special Representatives of the European Union, as well as with the Office of the High Representative in Bosnia and Herzegovina and with the United Nations Civil Administration in Kosovo.Article 6The Special Coordinator shall report, as appropriate, to the Council and the Commission. He will continue to inform the European Parliament regularly about his activities.Article 7This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.It shall apply from 1 January 2004 until 31 December 2004.Done at Brussels, 22 December 2003.For the CouncilThe PresidentA. Matteoli(1) OJ L 122, 24.5.2000, p. 27. Regulation as amended by Regulation (EC) 2098/2003 (OJ L 316, 29.11.2003, p. 1).(2) OJ L 334, 11.12.2002, p. 9. Joint Action as extended by Joint Action 2003/449/CFSP (OJ L 150, 18.6.2003, p. 74).


title: Council Decision (EU) 2015/2312 of 30 November 2015 on the signing, on behalf of the European Union, and provisional application of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and the Implementation Protocol thereto

text:
               12.12.2015

               EN

               Official Journal of the European Union

               L 328/1

         COUNCIL DECISION (EU) 2015/2312
   of 30 November 2015
   on the signing, on behalf of the European Union, and provisional application of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and the Implementation Protocol thereto
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union and the Republic of Liberia have negotiated a Sustainable Fisheries Partnership Agreement (hereinafter referred to as ‘the Agreement’) and an Implementation Protocol thereto (hereinafter referred to as ‘the Protocol’), granting Union vessels fishing opportunities in the waters over which the Republic of Liberia has sovereignty or jurisdiction.

               (2)

               Negotiations were successfully finalised and the Agreement and the Protocol were initialled on 5 June 2015.

               (3)

               Article 15 of the Agreement and Article 12 of the Protocol provide for the provisional application of the Agreement and the Protocol from the date of their signature.

               (4)

               The Agreement and the Protocol should be signed, and applied on a provisional basis, pending the completion of the procedures necessary for their conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union, of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Liberia and of the Implementation Protocol thereto is hereby authorised, subject to the conclusion of the said Agreement and Protocol.
   The texts of the Agreement and the Protocol are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement and the Protocol on behalf of the Union.
   Article 3
   The Agreement and the Protocol shall be applied on a provisional basis as from the date of their signature, pending the completion of the procedures necessary for their conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 30 November 2015.

            For the Council

            The President

         É. SCHNEIDER


Avis juridique important

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31984D0309

84/309/EEC: Council Decision of 8 May 1984 relating to point 2 of the Voluntary Restraint Agreements on mutton, lamb and goatmeat between the European Economic Community and Austria, Bulgaria, Czechoslovakia, Hungary, Iceland, Poland, Uruguay and Yugoslavia

Official Journal L 154 , 09/06/1984 P. 0036 - 0036 Spanish special edition: Chapter 03 Volume 31 P. 0020  Portuguese special edition Chapter 03 Volume 31 P. 0020

*****COUNCIL  DECISION  of 8 May 1984  relating to point 2 of the Voluntary Restraint Agreements on mutton, lamb and goatmeat between the European Economic Community and Austria, Bulgaria, Czechoslovakia, Hungary, Iceland, Poland, Uruguay and Yugoslavia  (84/309/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas under the Voluntary Restraint Agreements concluded with the European Economic Community on mutton, lamb and goatmeat or live sheep and goats, the non-member countries in question undertook, in exchanges of letters, to limit the amount of their exports to certain Community markets considered to be sensitive areas; whereas those undertakings, however, expire on 31 March 1984;  Whereas there has been no change in the circumstances which led to these areas to be recognized as sensitive; whereas provision should therefore be made for extending the arrangements concerning restrictions on exports to those areas;  Whereas the Commission has conducted negotiations to that end in Austria, Bulgaria, Czechoslovakia, Hungary, Iceland, Poland, Uruguay and Yugoslavia; whereas these negotiations resulted in the initialling of an Agreement with each of those countries,  HAS DECIDED AS FOLLOWS:  Article 1  1. The exchanges of letters concerning point 2 of the Voluntary Restraint Agreements on trade in mutton, lamb and goatmeat are hereby approved on behalf of the European Economic Community with the following countries:  - Austria,  - Bulgaria,  - Czechoslovakia,  - Hungary,  - Iceland,  - Poland,  - Uruguay,  - Yugoslavia.  2. The texts of the exchanges of letters are attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the exchanges of letters referred to in Article 1, in order to bind the Community.  Done at Brussels, 8 May 1984.  For the Council  The President  M. ROCARD


title: Council Decision of 21 March 2011 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Luxembourg and Malta

text:
               24.3.2011

               EN

               Official Journal of the European Union

               C 92/9

         COUNCIL DECISION
   of 21 March 2011
   appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Luxembourg and Malta
   2011/C 92/05
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
   Having regard to the list of candidates submitted to the Council by the governments of the Member States,
   Whereas:

               (1)

               By Decision of 16 February 2010 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2010 until 28 February 2013, with the exception of certain members.

               (2)

               The Governments of Luxembourg and Malta have submitted nominations for a number of posts to be filled,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2013:
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Members

               Alternate members

               Luxembourg

               Mr Paul WEBER

               Mr Robert HUBERTY
               Mr Carlo STEFFES

   II.   TRADE UNION REPRESENTATIVES

               Country

               Members

               Alternate members

               Luxembourg

               Mr Marcel GOEREND

               Mr Raffaele PAOLETTI
               Mr Nico CLEMENT

               Malta

               Mr Joe CARABOTT

               Mr Jesmond BONELLO

   III.   EMPLOYERS' REPRESENTATIVES

               Country

               Members

               Alternate members

               Luxembourg

               Mr Pierre BLAISE

               Mr François ENGELS
               Mr Marc KIEFFER

               Malta

               Mr John SCICLUNA

               Mr Joseph DELIA

         Article 2
   The Council will appoint the members and alternate members not yet nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 March 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ C 218, 13.9.2003, p. 1.

      (2)  OJ L 45, 22.2.2010, p. 5.


Important legal notice

|

52007BP0116(01)

1. European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2005 (C6-0390/2006 - 2006/2157(DEC))

Official Journal 074 E , 20/03/2008 P. 0202 - 0203

		1.European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2005 (C6-0390/2006 — 2006/2157(DEC))The European Parliament,- having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2005, together with the Centre's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof,- having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [3], and in particular Article 185 thereof,- having regard to Council Regulation (EEC) No 302/93 of 8 February 1993 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction [4], and in particular Article 11a thereof,- having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 [5], and in particular Article 94 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0100/2007),1. Grants the director of the European Monitoring Centre for Drugs and Drug Addiction discharge for the implementation of the Centre's budget for the financial year 2005;2. Sets out its observations in the resolution below;3. Instructs its President to forward this decision and the resolution that forms an integral part of it to the director of the European Monitoring Centre for Drugs and Drug Addiction, 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).[1] OJ C 266, 31.10.2006, p. 43.[2] OJ C 312, 19.12.2006, p. 86.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 36, 12.2.1993, p. 1, Regulation as last amended by Regulation (EC) No 1651/2003 (OJ L 245, 29.9.2003, p. 30).[5] OJ L 357, 31.12.2002, p. 72.--------------------------------------------------


title: Decision (EU) 2016/990 of the European Parliament and of the Council of 8 June 2016 on the mobilisation of the European Globalisation Adjustment Fund (application from Greece — EGF/2015/011 GR/Supermarket Larissa)

text:
               21.6.2016

               EN

               Official Journal of the European Union

               L 162/12

         DECISION (EU) 2016/990 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 8 June 2016
   on the mobilisation of the European Globalisation Adjustment Fund (application from Greece — EGF/2015/011 GR/Supermarket Larissa)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

               (2)

               The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

               (3)

               On 26 November 2015, Greece submitted an application EGF/2015/011 GR/Supermarket Larissa for a financial contribution from the EGF, following redundancies in Supermarket Larissa ABEE in Greece. It was supplemented by additional information provided in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

               (4)

               In accordance with Article 6(2) of Regulation (EU) No 1309/2013, Greece has decided to provide personalised services co-financed by the EGF also to 543 young persons not in employment, education or training (NEETs).

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 6 468 000 in respect of the application submitted by Greece.

               (6)

               In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2016, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 6 468 000 in commitment and payment appropriations.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union. It shall apply from 8 June 2016.

      Done at Strasbourg, 8 June 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         A.G. KOENDERS

      (1)  OJ L 347, 20.12.2013, p. 855.

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


title: Council Decision (EU) 2015/137 of 26 January 2015 renewing the terms of office of the Vice-President of the Office for Harmonization in the Internal Market (Trade Marks and Designs) and of two Chairmen of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs)

text:
               29.1.2015

               EN

               Official Journal of the European Union

               L 23/17

         COUNCIL DECISION (EU) 2015/137
   of 26 January 2015
   renewing the terms of office of the Vice-President of the Office for Harmonization in the Internal Market (Trade Marks and Designs) and of two Chairmen of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (1), and in particular Article 125 and Article 136 thereof,
   Whereas:

               (1)

               On 18 November 2014, the Administrative Board of the Office for Harmonization in the Internal Market (Trade Marks and Designs) ('the Office') submitted to the Council its proposals concerning the renewal of the terms of office of the Vice-President of the Office and of two Chairmen of the Boards of Appeal of the Office.

               (2)

               The terms of office of Mr Christian ARCHAMBEAU as Vice-President of the Office and of Mr Tomás DE LAS HERAS and Mr Detlef SCHENNEN as Chairmen of the Boards of Appeal of the Office should be renewed for a period of five years or until retirement age if retirement age is reached during the new term of office,

         HAS ADOPTED THIS DECISION:
   Article 1
   The term of office of Mr Christian ARCHAMBEAU as Vice-President of the Office is hereby renewed for the period from 1 December 2015 to 30 November 2020 or until retirement age if retirement age is reached during the new term of office.
   Article 2
   The term of office of Mr Tomás DE LAS HERAS as Chairman of the Boards of Appeal of the Office is hereby renewed for the period from 1 March 2016 to 28 February 2021 or until retirement age if retirement age is reached during the new term of office.
   Article 3
   The term of office of Mr Detlef SCHENNEN as Chairman of the Boards of Appeal of the Office is hereby renewed for the period from 1 November 2015 to 31 October 2020 or until retirement age if retirement age is reached during the new term of office.
   Article 4
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 26 January 2015.

            For the Council

            The President

         J. DŪKLAVS

      (1)  OJ L 78, 24.3.2009, p. 1.


Avis juridique important

|

31991D0407

91/407/EEC: Commission Decision of 12 July 1991 amending Decision 85/13/EEC setting up a Joint Committee on Railways

Official Journal L 226 , 14/08/1991 P. 0031 - 0032 Finnish special edition: Chapter 7 Volume 4 P. 0020  Swedish special edition: Chapter 7 Volume 4 P. 0020

COMMISSION DECISION  of 12 July 1991  amending Decision 85/13/EEC setting up a Joint Committee on Railways  (91/407/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the enlargement of the Community requires an increase in the number of representatives of European organizations in the Joint Committee on Railways;  Whereas the Commission must take account of the specific situation in various Member States in order to ensure optimum participation by employers and employees in the railway sector in the work of the Joint Committee and thus safeguard its nature as  representing the socio-economic interests concerned;  Whereas Commission Decision 85/13/EEC (1) must therefore be amended,  HAS DECIDED AS FOLLOWS:  Article 1  Decision 85/13/EEC is hereby amended as follows:  1. In Article 3 (1) (b) the introductory words are replaced by the following:  'In respect of matters falling within the competence of the employers' and employees' associations listed in Article 4 (3).'  2. Article 4 is replaced by the following:  'Article 4  1. The Committee shall consist of 54 members.  2. Seats shall be allocated as follows:  (a) 27 to the carriers' representatives;  (b) 27 to the employees' representatives.  3. The members of the Committee shall be appointed by the Commission as follows:  (a) 48 on proposals from the following carriers' and employees' organizations:  - Community of European railways (CCFE): 24 members;  - Committee of Transport Workers' Unions of the European Community: 24 members;  (b) six, directly by the Commission, after consultation of the carriers' and employees' organizations referred to in (a), from amongst the most representative associations of employers and employees, if necessary other than the organizations referred to  in 3 (a).'  3. Article 5 (1) is replaced by the following:  '1. An alternate shall be apppointed for each member of the Committee under the same conditions as laid down in Article 4 (3).'  4. Article 6 (3) is replaced by the following:  '3. A member's or alternate's term of office shall cease before the expiry of the period of four years upon his resignation or death or if the association which nominated him requests his replacement. The vacancy thereby caused shall be filled in the  manner prescribed in Article 4 (3) by a person appointed for the remainder of the term of office.'  5. Article 7 (1) is replaced by the following:  '1. The Committee shall, by a two-thirds majority of members present, elect from among its members a chairman and vice-chairman who shall hold office for a term of two years. The chairman and the vice-chairman shall be chosen alternately, and in reverse  order, from amongst the groups of associations listed in Article 4 (3).'  6. Article 9 (b) is replaced by the following:  '(b) ask the Commission to appoint experts to assist it in specific tasks. It shall be its duty to do so if one of the associations listed in Article 4 (3) so requests.'  7. Article 12 (3) and (4) is replaced by the following:  '3. A representative of the secretariat of each of the organizations referred to in Article 4 (3) (a) may attend the meetings of the Committee as observer.  4. The Commission may, after consulting the associations of carriers and employees referred to in Article 4 (3) (a), invite organizations other than those referred to in Article 4 (3) to participate in the Committee's work as observers.'  Article 2  This Decision shall take effect on 12 July 1991. Done at Brussels, 12 July 1991. For the Commission  Vasso PAPANDREOU  Member of the Commission   (1) OJ No L 8, 10. 1. 1985, p. 26.


title: 2013/103/EU: Council Decision of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 , as amended by the Vilnius Protocol of 3 June 1999  Text with EEA relevance

text:
               23.2.2013

               EN

               Official Journal of the European Union

               L 51/1

      COUNCIL DECISION

   of 16 June 2011
   on the signing and conclusion of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999
   (Text with EEA relevance)
   (2013/103/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, in conjunction with Articles 218(5) and 218(6)(a)(v) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The development of rail interoperability, both within the Union and between the Union and neighbouring countries, is a key component of the common transport policy, targeted in particular at establishing a better balance between the various modes of transport.

               (2)

               The Union has exclusive competence or shared competence with its Member States in the areas covered by the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (hereinafter referred to as ‘the Convention’).

               (3)

               The Union’s accession to the Convention for the purpose of exercising its competence is permitted by virtue of Article 38 of the Convention.

               (4)

               On behalf of the Union, the Commission has negotiated an Agreement (hereinafter referred to as ‘the Agreement’) with the Intergovernmental Organisation for International Carriage by Rail (hereinafter referred to as ‘OTIF’) on the Accession of the Union to the Convention.

               (5)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (hereinafter referred to as ‘the Agreement’) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   When signing the Agreement a declaration, as set out in Annex I to this Decision, shall be made by the Union concerning the exercise of its competence and a declaration, as set out in Annex II to this Decision, shall be made by the Union in respect of Article 2 of the Agreement.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union and to make the declarations referred to in Article 2.
   Article 4
   The Commission shall represent the Union at OTIF meetings.
   Article 5
   The internal arrangements for the preparation for OTIF meetings and for the representation and voting at such meetings are set out in Annex III to this Decision.
   Article 6
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 16 June 2011.

            For the Council

            The President

            VÖLNER P.

      ANNEX I

         DECLARATION BY THE EUROPEAN UNION CONCERNING THE EXERCISE OF COMPETENCE

      In the rail sector, the European Union (hereinafter referred to as ‘the Union’) shares competence with the Member States of the Union (hereinafter referred to as the ‘Member States’) pursuant to Articles 90 and 91, in conjunction with Article 100(1), and Articles 171 and 172 of the Treaty on the Functioning of the European Union (TFEU).
      Title VI of the TFEU establishes the Union’s common transport policy, and Title XVI provides for the Union’s contribution to the establishment and development of trans-European networks in the area of transport.
      More specifically, Article 91 of Title VI of the TFEU provides that the Union may adopt:

                  —

                  common rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member States,

                  —

                  the conditions under which non-resident carriers may operate transport services within a Member State,

                  —

                  measures to improve transport safety,

                  —

                  any other appropriate provisions.

            With regard to trans-European networks, Article 171 of Title XVI of the TFEU provides, more specifically, that the Union:

                  —

                  shall establish a series of guidelines covering the objectives, priorities and broad lines of measures envisaged in the sphere of trans-European networks; these guidelines shall identify projects of common interest,

                  —

                  shall implement any measures that may prove necessary to ensure the interoperability of the networks, in particular in the field of technical standardisation,

                  —

                  may support projects of common interest supported by Member States, which are identified in the framework of the guidelines referred to in the first indent, particularly through feasibility studies, loan guarantees or interest-rate subsidies; the Union may also contribute, through the Cohesion Fund, to the financing of specific projects in Member States in the area of transport infrastructure.

            On the basis of these two provisions the Union has adopted a substantial number of legal instruments applicable to rail transport.
      Under Union law, the Union has acquired exclusive competence in matters of rail transport where the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (hereinafter referred to as ‘the Convention’) or legal instruments adopted pursuant to it may affect or alter the scope of these existing Union rules.
      For subject matters governed by the Convention in relation to which the Union has exclusive competence, Member States have no competence.
      Where Union rules exist but are not affected by the Convention or legal instruments adopted pursuant to it, the Union shares competence on matters in relation to the Convention with Member States.
      A list of the relevant Union instruments in force at the time of the conclusion of the Agreement is contained in the Appendix to this Annex. The scope of the Union competence arising out of these texts has to be assessed in relation to the specific provisions of each text, especially the extent to which these provisions establish common rules. Union competence is subject to continuous development. In the framework of the Treaty on European Union and the TFEU, the competent institutions of the Union may take decisions which determine the extent of the competence of the Union. The Union therefore reserves the right to amend this declaration accordingly, without this constituting a prerequisite for the exercise of its competence in matters covered by the Convention.

         Appendix to Annex I
         EUROPEAN UNION INSTRUMENTS RELATING TO SUBJECTS DEALT WITH BY THE CONVENTION
         To date, the Union has exercised its competence, inter alia, through the following Union instruments:

            ECONOMIC/MARKET ACCESS LEGISLATION

                     —

                     Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community (OJ 52, 16.8.1960, p. 1121/60),

                     —

                     Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways (OJ L 237, 24.8.1991, p. 25),

                     —

                     Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings (OJ L 143, 27.6.1995, p. 70),

                     —

                     Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community’s railways (OJ L 75, 15.3.2001, p. 1),

                     —

                     Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings (OJ L 75, 15.3.2001, p. 26),

                     —

                     Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ L 75, 15.3.2001, p. 29),

                     —

                     Directive 2004/51/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 91/440/EEC on the development of the Community’s railways (OJ L 164, 30.4.2004, p. 164, corrected version in OJ L 220, 21.6.2004, p. 58),

                     —

                     Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14),

                     —

                     Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 amending Council Directive 91/440/EEC on the development of the Community’s railways and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (OJ L 315, 3.12.2007, p. 44).

            INTEROPERABILITY AND SAFETY LEGISLATION

                     —

                     Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (OJ L 235, 17.9.1996, p. 6),

                     —

                     Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system (OJ L 110, 20.4.2001, p. 1),

                     —

                     Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ L 164, 30.4.2004, p. 44, corrected version in OJ L 220, 21.6.2004, p. 16),

                     —

                     Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system (OJ L 164, 30.4.2004, p. 114, corrected version in OJ L 220, 21.6.2004, p. 40),

                     —

                     Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation) (OJ L 164, 30.4.2004, p. 1, corrected version in OJ L 220, 21.6.2004, p. 3),

                     —

                     Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community (OJ L 315, 3.12.2007, p. 51),

                     —

                     Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (OJ L 191, 18.7.2008, p. 1),

                     —

                     Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13),

                     —

                     Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008 amending Directive 2004/49/EC on safety on the Community’s railways (Railway Safety Directive) (OJ L 345, 23.12.2008, p. 62),

                     —

                     Regulation (EC) No 1335/2008 of the European Parliament and of the Council of 16 December 2008 amending Regulation (EC) No 881/2004 establishing a European Railway Agency (Agency Regulation) (OJ L 354, 31.12.2008, p. 51),

                     —

                     Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight (OJ L 276, 20.10.2010, p. 22).

            PUBLIC SERVICE OBLIGATIONS

                     —

                     Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road (OJ L 315, 3.12.2007, p. 1).

      ANNEX II

         DECLARATION BY THE EUROPEAN UNION IN RESPECT OF ARTICLE 2 OF THE AGREEMENT

      The term ‘governing the particular subject concerned’ is to be understood as applying to the specific case which is governed by a provision of the Convention, including its appendices, and is not governed by European Union legislation.

      ANNEX III

         INTERNAL ARRANGEMENTS FOR THE COUNCIL, THE MEMBER STATES AND THE COMMISSION IN PROCEEDINGS UNDER OTIF

      Bearing in mind the requirement of unity of the international representation of the Union and its Member States in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union and the case law of the Court of Justice of the European Union also at the stage of implementation of international obligations, the Council, the Member States and the Commission will apply the following internal arrangements:
      1.   Scope

      These internal arrangements will apply to any meeting of any of the bodies set up under OTIF. Any reference to a ‘meeting’ in these arrangements is understood to include mutatis mutandis a reference also to other proceedings, such as a written procedure.
      2.   Coordination procedure

                  2.1.

                  To prepare for any OTIF meeting, including but not limited to the meetings of the General Assembly, the Administrative Committee and other Committees, coordination meetings will be held:

                              —

                              in Brussels, within the competent Council Working Party (usually the Land Transport Working Party), as early as possible and as many times as necessary ahead of the OTIF meeting and, in addition,

                              —

                              on the spot, particularly at the beginning and, if necessary, during and at the end of an OTIF meeting.

                  2.2.

                  The coordination meetings will agree on positions on behalf of the Union only or, where relevant, on behalf of the Union and its Member States. Positions of the Member States relating to their exclusive competence may be subject to coordination at these meetings if so agreed by the Member States.

                  2.3.

                  The coordination meetings will decide on the exercise of responsibilities with respect to statements and voting in relation to each item of the OTIF meeting agenda, on which a statement may be made or a vote is expected.

                  2.4.

                  To prepare the coordination meetings referred to in point 2.1, including draft statements and position papers, preliminary discussions will, if necessary, be held in the appropriate Committee created by the relevant Union rail legislation, namely:

                              —

                              the Committee on the transport of dangerous goods for items covered by Appendix C to the Convention; if these items affect rail interoperability, or the common safety approach developed under Directive 2004/49/EC, the Committee on rail interoperability and safety is also to be involved,

                              —

                              the Committee on the development of the Union’s railways for items covered by Appendices A, B, D or E to the Convention and for other systems of uniform law elaborated by the OTIF,

                              —

                              the Committee on rail interoperability and safety for items covered by Appendices F or G to the Convention.

                  2.5.

                  Before any OTIF meeting the Commission will give an indication of which agenda items are subject to Union coordination and will prepare draft statements and position papers to be discussed at coordination meetings.

                  2.6.

                  If the Commission and the Member States in coordination meetings cannot agree a common position, including for reasons of disagreement on the repartition of competence, the matter will be referred to the Committee of Permanent Representatives and/or the Council.

            3.   Statements and voting in the OTIF meetings

                  3.1.

                  Where an agenda item deals with matters of exclusive Union competence, the Commission will speak and vote for the Union. After due coordination, the Member States can also speak in order to support and/or develop the Union position.

                  3.2.

                  Where an agenda item deals with matters of exclusive national competence, Member States will speak and vote.

                  3.3.

                  Where an agenda item deals with matters containing elements of both national and Union competence, the Presidency and the Commission will express the common position. After due coordination, Members States can speak to support and/or develop the common position. The Member States or the Commission, as appropriate, will vote on behalf of the Union and its Member States in accordance with the common position. The decision on who will be voting is made in the light of where the preponderance of the competence lies (e.g. mainly national or mainly Union competence).

                  3.4.

                  Where an agenda item deals with matters containing elements both of national and of Union competence and the Commission and the Member States have not been able to agree a common position as referred to in point 2.6, Member States and the Commission can speak and vote on matters falling clearly within their respective competence.

                  3.5.

                  On matters for which there is no agreement between the Commission and the Member States on division of competence, or where it has not been possible to obtain the majority needed for a Union position, a maximum effort will be made to clarify the situation or achieve a Union position. Pending this, and after due coordination, the Member States and/or the Commission, as appropriate, would be entitled to speak on condition that the position expressed will not prejudge a future Union position, will be coherent with Union policies and previous Union positions, and will be in conformity with Union law.

                  3.6.

                  The representatives of the Member States and of the Commission may participate in OTIF working groups preparing the technical committees of OTIF namely the Committee of Experts for the Carriage of Dangerous Goods (RID) and the Committee of Technical Experts (TEC). During participation in these working groups the representatives of the Member States and the Commission may present technical contributions and fully participate in the technical discussions on the basis of their technical knowledge. These discussions will not bind the Union.
                  The representatives of the Member States and the Commission will make serious efforts to reach a common position and to defend this position during the discussions in the OTIF working groups.

            4.   Review of these arrangements

      At the request of a Member State or the Commission, these arrangements will be reviewed, taking account of experience gained from their operation.

         AGREEMENT

      between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999
      THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
      of the one part, and
      THE INTERGOVERNMENTAL ORGANISATION FOR INTERNATIONAL CARRIAGE BY RAIL, hereinafter referred to as ‘OTIF’,
      of the other part,
      Together hereinafter referred to as ‘the Contracting Parties’,
      HAVING REGARD to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (hereinafter referred to as ‘the Convention’), and in particular Article 38 thereof,
      HAVING REGARD to the responsibilities which the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) confers on the Union in certain areas covered by the Convention,
      RECALLING that following the entry into force of the Treaty of Lisbon on 1 December 2009, the Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community,
      WHEREAS the Convention establishes an Intergovernmental Organisation for International Carriage by Rail (OTIF), the headquarters of which are at Bern,
      WHEREAS the purpose of the Union’s accession to the Convention is to assist OTIF in pursuing its objective of promoting, improving and facilitating international rail transport in both technical and legal respects,
      WHEREAS by virtue of Article 3 of the Convention, the obligations arising out of the Convention with regard to international cooperation do not take precedence, for Parties to the Convention which are also Member States of the Union or States party to the Agreement on the European Economic Area, over their obligations as Member States of the Union or States party to the Agreement on the European Economic Area,
      WHEREAS a disconnection clause is necessary for those parts of the Convention which fall within the competence of the Union, in order to indicate that Member States of the Union cannot invoke and apply the rights and obligations deriving from the Convention directly among themselves,
      WHEREAS the Convention applies fully between the Union and its Member States on the one hand, and the other Parties to the Convention, on the other hand,
      WHEREAS the Union’s accession to the Convention requires the rules for applying the provisions of the Convention to the Union and its Member States to be clearly established,
      WHEREAS the conditions of the Union’s accession to the Convention must allow the Union to exercise within the framework of the Convention the competences conferred on it by its Member States,
      HAVE AGREED AS FOLLOWS:
      Article 1
      The Union hereby accedes to the Convention under the terms and conditions laid down in this Agreement, in accordance with Article 38 of the Convention.
      Article 2
      Without prejudice to the object and the purpose of the Convention to promote, improve and facilitate international traffic by rail and without prejudice to its full application with respect to other Parties to the Convention, in their mutual relations, Parties to the Convention which are Member States of the Union shall apply Union rules and shall therefore not apply the rules arising from that Convention except in so far as there is no Union rule governing the particular subject concerned.
      Article 3
      Subject to the provisions of this Agreement, provisions in the Convention shall be so interpreted as also to include the Union, within the framework of its competence, and the various terms used to designate the Parties to the Convention and their representatives are to be understood accordingly.
      Article 4
      The Union shall not contribute to the budget of OTIF and shall not take part in decisions concerning that budget.
      Article 5
      Without prejudice to the exercise of its voting rights under Article 6, the Union shall be entitled to be represented and involved in the work of all OTIF bodies in which any of its Member States is entitled to be represented as a Party to the Convention, and where matters falling within its competence may be dealt with.
      The Union may not be a member of the Administrative Committee. It may be invited to participate in meetings of that Committee when the Committee wishes to consult it on matters of common interest that have been placed on the agenda.
      Article 6
      1.   For decisions in matters where the Union has exclusive competence, the Union shall exercise the voting rights of its Member States under the Convention.
      2.   For decisions in matters where the Union shares competence with its Member States, either the Union or its Member States shall vote.
      3.   Subject to Article 26, paragraph 7, of the Convention, the Union shall have a number of votes equal to that of its Member States who are also Parties to the Convention. When the Union votes, its Member States shall not vote.
      4.   The Union shall, on a case-by-case basis, inform the other Parties to the Convention of the cases where, with regard to the various items on the agendas of the General Assembly and the other deliberating bodies, it will exercise the voting rights provided for in paragraphs 1 to 3. That obligation shall also apply when decisions are taken by correspondence. That information is to be provided early enough to the OTIF Secretary-General in order to allow its circulation together with meeting documents or a decision to be taken by correspondence.
      Article 7
      The scope of the competence of the Union shall be indicated in general terms in a written declaration made by the Union at the time of the conclusion of this Agreement. That declaration may be modified as appropriate by notification from the Union to OTIF. It shall not replace or in any way limit the matters that may be covered by the notifications of Union competence to be made prior to OTIF decision-making by means of formal voting or otherwise.
      Article 8
      Title V of the Convention shall apply to any dispute arising between the Contracting Parties in respect of the interpretation, application or implementation of this Agreement, including its existence, validity and termination.
      Article 9
      This Agreement shall enter into force on the first day of the first month following the signature of this Agreement by the Contracting Parties. Article 34, paragraph 2, of the Convention shall not apply in this case.
      Article 10
      This Agreement shall remain in force for an indefinite period.
      If all Parties to the Convention which are Member States of the Union denounce the Convention, the notification of that denunciation, as well as of the denunciation of this Agreement, shall be considered to have been given by the Union at the same time as the last Member State of the Union to denounce the Convention notifies its denunciation under Article 41 of the Convention.
      Article 11
      Parties to the Convention other than Member States of the Union, which apply relevant Union legislation as a result of their international agreements with the Union, may, with the acknowledgement of the Depositary of the Convention, enter individual declarations with regard to the preservation of their rights and obligations under their agreements with the Union, the Convention and related regulations.
      This Agreement shall be drawn up in duplicate, one original kept by OTIF and the other by the Union, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, and Swedish languages, each text being equally authentic. This is without prejudice to Article 45, paragraph 1, of the Convention.

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

            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
            Per l'Unione europea
            Eiropas Savienības vārdā –
            Europos Sąjungos 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

            За Междуправителствената организация за международни железопътни превози (OTIF)
            Por la Organización Intergubernamental para los Transportes Internacionales por Ferrocarril (OTIF)
            Za Mezivládní organizaci pro mezinárodní železniční přepravu (OTIF)
            For Den Mellemstatslige Organisation for Internationale Jernbanebefordringer (OTIF)
            Für die Zwischenstaatliche Organisation für den internationalen Eisenbahnverkehr (OTIF)
            Rahvusvaheliste Raudteevedude Valitsustevahelise Organisatsiooni (OTIF) nimel
            Για το Διακυβερνητικό Οργανισμό Διεθνών Σιδηροδρομικών Μεταφορών (OTIF)
            For the Intergovernmental Organisation for International Carriage by Rail (OTIF)
            Pour l'Organisation intergouvernementale pour les transports internationaux ferroviaires (OTIF)
            Per l'Organizzazione intergovernativa per i trasporti internazionali per ferrovia (OTIF)
            Starptautisko dzelzceļa pārvadājumu starpvaldību organizācijas (OTIF) vārdā –
            Tarptautinio vežimo geležinkeliais tarpvyriausybinės organizacijos (OTIF) vardu
            A Nemzetközi Vasúti Fuvarozásügyi Államközi Szervezet (OTIF) részéről
            Għall-Organizzazzjoni Intergovernattiva għat-Trasport Internazzjonali bil-Ferrovija (OTIF)
            Voor de Intergouvernementele Organisatie voor het internationale spoorwegvervoer (OTIF)
            W imieniu Międzyrządowej Organizacji Międzynarodowych Przewozów Kolejami (OTIF)
            Pela Organização Intergovernamental para os Transportes Internacionais Ferroviários (OTIF)
            Pentru Organizația Interguvernamentală pentru Transporturile Internaționale Feroviare (OTIF)
            Za Medzivládnu organizáciu pre medzinárodnú železničnú prepravu (OTIF)
            Za Medvladno organizacijo za mednarodni železniški promet (OTIF)
            Valtioiden välisen kansainvälisten rautatiekuljetusten järjestön (OTIF) puolesta
            För Mellanstatliga organisationen för internationell järnvägstrafik (Otif)


title: 2009/710/EC: Council Decision of 14 September 2009 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Národná banka Slovenska

text:
               19.9.2009

               EN

               Official Journal of the European Union

               L 247/10

      COUNCIL DECISION

   of 14 September 2009
   amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Národná banka Slovenska
   (2009/710/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community, and in particular to Article 27.1 thereof,
   Having regard to Recommendation ECB/2009/14 of the European Central Bank of 25 June 2009 to the Council of the European Union on the external auditors of Národná banka Slovenska (1),
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

               (2)

               Pursuant to Article 1 of Council Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (2), Slovakia adopted the single currency on 1 January 2009.

               (3)

               Pursuant to Article 38 of the Law on the Národná banka Slovenska, from 1 January 2009 the annual financial statements of the Národná banka Slovenska are to be audited in accordance with Article 27 of the Statute of the European System of Central Banks and of the European Central Bank.

               (4)

               The Governing Council of the ECB recommended that the Council approve Deloitte Audit s.r.o. as the external auditor of the Národná banka Slovenska for the financial year 2009.

               (5)

               It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (3) accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following paragraph shall be added to Article 1 of Decision 1999/70/EC:

      ‘16.   Deloitte Audit s.r.o. is hereby approved as the external auditor of the Národná banka Slovenska for the financial year 2009.’

   Article 2
   This Decision shall be notified to the ECB.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 14 September 2009.

            For the Council

            The President

         C. MALMSTRÖM

      (1)  OJ C 149, 1.7.2009, p. 1.

      (2)  OJ L 195, 24.7.2008, p. 24.

      (3)  OJ L 22, 29.1.1999, p. 69.