title: 2009/496/EC,Euratom: Decision of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions of 26 June 2009 on the organisation and operation of the Publications Office of the European Union

text:
               30.6.2009

               EN

               Official Journal of the European Union

               L 168/41

      DECISION OF THE EUROPEAN PARLIAMENT, THE COUNCIL, THE COMMISSION, THE COURT OF JUSTICE, THE COURT OF AUDITORS, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS

   of 26 June 2009
   on the organisation and operation of the Publications Office of the European Union
   (2009/496/EC, Euratom)
   THE EUROPEAN PARLIAMENT,
   THE COUNCIL,
   THE COMMISSION,
   THE COURT OF JUSTICE,
   THE COURT OF AUDITORS,
   THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE,
   THE COMMITTEE OF THE REGIONS,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               Article 8 of the Decision of the representatives of the governments of the Member States of 8 April 1965 on the provisional location of certain institutions and departments of the Communities (1) provided for an Office for Official Publications of the Communities (hereinafter the Office) to be located in Luxembourg. That provision was last implemented by Decision 2000/459/EC, ECSC, Euratom (2).

               (2)

               The rules and regulations applicable to officials and other servants of the European Communities apply to the Office. Account should be taken of the recent amendments to those rules and regulations.

               (3)

               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) (hereinafter the Financial Regulation) contains specific provisions concerning the operation of the Office.

               (4)

               Major technological advances are taking place in publishing and these need to be taken into account in the way the Office operates.

               (5)

               For the sake of clarity, it is appropriate to repeal Decision 2000/459/EC, ECSC, Euratom and to replace it by this Decision,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Publications Office
   1.   The task of the Publications Office of the European Union (hereinafter the Office), which is an interinstitutional office, shall be to publish the publications of the institutions of the European Communities and the European Union under optimum conditions.
   To this end it shall, firstly, enable the institutions to fulfil their obligations to publish legislative texts and, secondly, contribute to the technical formulation and implementation of information and communication policies within its areas of competence.
   2.   The Office shall be managed by its Director following the strategic guidelines set by the Management Committee. Apart from the provisions of this Decision which are specific to the interinstitutional role of the Office, the Office shall apply the administrative and financial procedures of the Commission. In establishing those procedures, the Commission shall take account of the specific nature of the Office.
   Article 2
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               1.

               ‘publishing’ means any action necessary for the design, checking, allocation of international standard numbers and/or catalogue numbers, production, cataloguing, indexation, distribution, promotion, sale, storage and archiving of publications in any shape or form and by any means, present or future;

               2.

               ‘publications’ means all texts, published on whatever medium and in whatever format, bearing an international standard number and/or a catalogue number;

               3.

               ‘mandatory publications’ means publications published pursuant to the Treaties or other legislative texts;

               4.

               ‘non-mandatory publications’ means any publications edited under the prerogatives of any institution;

               5.

               ‘management of copyright’ means that the author services hold the copyright or the right to reuse and includes the management of those rights by the Office in respect of the publications entrusted to the Office for publishing;

               6.

               ‘net receipts from sales’ means the total sum of invoices, minus trade discounts granted and management, collection and banking costs;

               7.

               ‘institutions’ means the institutions, bodies, offices and agencies established by or under the Treaties.

         Article 3
   Scope of competence of the Office
   1.   The Office shall have competence for the following:

               (a)

               publishing the Official Journal of the European Union (hereinafter Official Journal) and guaranteeing that it is authentic;

               (b)

               publishing the other mandatory publications;

               (c)

               publishing or co-publishing non-mandatory publications entrusted to the Office under the prerogatives of each institution, in particular in the context of the institutions’ communication activities;

               (d)

               publishing or co-publishing publications on its own initiative, including publications intended to promote its own services; in this context, the Office may procure translations by means of a service contract;

               (e)

               developing, maintaining and updating electronic publishing services for the public;

               (f)

               making all legislation and other official texts available to the public;

               (g)

               preserving all publications of the institutions and making them available to the public in electronic form;

               (h)

               allocating international standard numbers and/or catalogue numbers to the institutions’ publications;

               (i)

               managing reproduction and translation rights in respect of the institutions’ publications;

               (j)

               promoting and selling the publications and services which it offers to the public.

         2.   The Office shall provide advice and assistance to the institutions for:

               (a)

               programming and planning their publications programmes;

               (b)

               implementing their publishing projects, whatever the publishing medium;

               (c)

               providing page make-up and design for their publishing projects;

               (d)

               providing information on trends in the publications market in the Member States and on the subjects likely to find the widest audience;

               (e)

               deciding print-runs and establishing distribution plans;

               (f)

               pricing and selling publications;

               (g)

               promoting, distributing and evaluating their publications, whether free of charge or offered for sale;

               (h)

               analysing, evaluating and setting up websites and Web services for the public;

               (i)

               drafting framework contracts for publishing activities;

               (j)

               providing technological supervision of publishing systems.

         Article 4
   Responsibilities of the institutions
   1.   Each institution shall have exclusive competence to take decisions on the publishing of its own publications.
   2.   The institutions shall use the services of the Office to publish their mandatory publications.
   3.   The institutions may publish their non-mandatory publications without the involvement of the Office. In that case, they shall ask the Office for international standard numbers and/or catalogue numbers and give the Office an electronic version of the publication, whatever its format, as well as two paper copies of the publication where appropriate.
   4.   The institutions shall undertake to guarantee all reproduction, translation and distribution rights in respect of all the constituent elements of a publication.
   5.   The institutions shall undertake to establish a distribution plan, approved by the Office, for their publications.
   6.   The institutions may conclude service agreements with the Office in order to define the methods of their cooperation.
   Article 5
   Tasks of the Office
   1.   Tasks performed by the Office shall include the following:

               (a)

               the collation of documents for publication;

               (b)

               the preparation, graphic design, correction, page make-up and verification of the texts and other components, in whatever format and on whatever medium, as instructed by the institutions and in compliance with the typographical and linguistic presentation requirements established in cooperation with the institutions;

               (c)

               the indexation and cataloguing of publications;

               (d)

               the documentary analysis of texts published in the Official Journal and other official texts;

               (e)

               the consolidation of legislative texts;

               (f)

               the management, development, updating and distribution of the Eurovoc multilingual thesaurus;

               (g)

               the organisation of printing by its service providers;

               (h)

               the monitoring of the performance of work;

               (i)

               quality control;

               (j)

               acceptance as regards quality and quantity;

               (k)

               the physical and electronic distribution of the Official Journal, official texts other than those published in the Official Journal and other non-mandatory publications;

               (l)

               storage;

               (m)

               physical and electronic archiving;

               (n)

               the reprinting of publications that are out of print and printing on request;

               (o)

               the creation of a consolidated catalogue of the institutions’ publications;

               (p)

               the sale, including the issue of invoices, collection and transfer of revenue, and management of claims;

               (q)

               promotion;

               (r)

               the creation, purchase, management, updating, monitoring and supervision of the mailing lists of the institutions and the creation of targeted mailing lists;

         2.   Within the framework of its own powers or on the basis of the delegation of authorising officer powers by the institutions, the Office shall be responsible for:

               (a)

               public procurement, including entering into legally binding commitments;

               (b)

               financial oversight of contracts with suppliers;

               (c)

               settlement of expenditure, including acceptance as regards quality and quantity, expressed by signing an authorisation for payment;

               (d)

               authorisation of expenditure;

               (e)

               revenue operations.

         Article 6
   Management Committee
   1.   A Management Committee shall be established within which all the signatory institutions are represented. The Management Committee shall be made up of the Registrar of the Court of Justice, the Deputy Secretary-General of the Council and the Secretaries-General of the other institutions or their representatives. The European Central Bank shall take part in the work of the Management Committee as an observer.
   2.   The Management Committee shall designate a Chairperson, to be chosen among its members, for a period of two years.
   3.   The Management Committee shall meet at least four times a year at the initiative of its Chairperson or at the request of an institution.
   4.   The Management Committee shall adopt its Rules of Procedure, which shall be published in the Official Journal.
   5.   The Management Committee’s decisions shall be taken by simple majority, except where otherwise provided.
   6.   Each institution which is a signatory to this Decision shall have one vote on the Management Committee.
   Article 7
   Tasks and responsibilities of the Management Committee
   1.   By way of derogation from Article 6, the Management Committee shall, by unanimous decision, in the common interest of the institutions and within the scope of competence of the Office, adopt the following decisions:

               (a)

               on the basis of a proposal from the Director, it shall adopt the strategic objectives of the Office and the rules governing its operation;

               (b)

               it shall set the guidelines for the general policies of the Office, particularly as regards sales, distribution and publishing, and shall ensure that the Office contributes to the formulation and implementation of information and communication policies within its areas of competence;

               (c)

               on the basis of a draft prepared by the Director of the Office, it shall adopt an annual management report to the institutions concerning the implementation of the strategy and services supplied by the Office; by 1 May of each year, it shall send its report on the financial year just ended to the institutions;

               (d)

               it shall approve the estimates of the Office’s revenue and expenditure under the budget procedure for the Office’s administrative budget;

               (e)

               it shall approve the criteria by which the Office conducts its cost accounting, which the Director of the Office shall adopt;

               (f)

               it shall submit to the institutions any suggestions it has for improving the smooth running of the Office.

         2.   The Management Committee shall take account of the guidelines produced by the interinstitutional bodies on communication and information set up for this purpose. The Chairperson of the Management Committee shall communicate with these bodies every year.
   3.   The contact person with discharge authority for strategic decisions within the areas of competence of the Office shall be the Chairperson of the Management Committee in his capacity as representative of interinstitutional cooperation.
   4.   The Chairperson of the Management Committee and the Director of the Office shall by common agreement draw up mutual information and communication rules to formalise their relations. This agreement shall be sent to the members of the Management Committee for information.
   Article 8
   Director of the Office
   The Director of the Office shall be responsible for the smooth running of the Office, acting under the authority of the Management Committee and within its scope of competence. For the application of administrative and financial procedures, he shall act under the authority of the Commission.
   Article 9
   Tasks and responsibilities of the Director of the Office
   1.   The Director of the Office shall provide the secretariat for the Management Committee and shall submit quarterly reports to the Management Committee on the performance of his duties.
   2.   The Director of the Office shall submit to the Management Committee any proposal for improving the smooth running of the Office.
   3.   After consulting the Management Committee for advice, the Director of the Office shall determine the types of service which the Office may perform against payment for the institutions, and the corresponding charges.
   4.   The Director of the Office shall, after obtaining the approval of the Management Committee, determine the criteria by which the Office is to conduct its cost accounting. He shall define the procedures for accounting cooperation between the Office and the institutions in agreement with the Commission Accounting Officer.
   5.   The Director of the Office shall draw up draft estimates of the Office’s revenue and expenditure under the budget procedure for the Office’s administrative budget. After approval by the Management Committee, these proposals shall be submitted to the Commission.
   6.   The Director of the Office shall decide whether, and in accordance with what procedures, publications from third parties may be published.
   7.   The Director of the Office shall take part in interinstitutional activities concerning information and communication within the areas of competence of the Office.
   8.   As regards the publishing of legislation and official documents relating to the legislative procedure, including the Official Journal, the Director of the Office shall:

               (a)

               ensure that the competent authorities in each institution take the basic decisions that are to be applied jointly;

               (b)

               submit proposals for improving the structure and presentation of the Official Journal and official legislative texts;

               (c)

               submit proposals to the institutions for harmonising the presentation of texts for publication;

               (d)

               examine any difficulties encountered in the course of day-to-day operations, draft, within the context of the Office, the necessary instructions and suggest to the institutions appropriate recommendations in order to overcome such difficulties.

         9.   The Director of the Office shall, in accordance with the Financial Regulation, draw up an annual activity report covering the management of funds assigned by the Commission and other institutions under the Financial Regulation. The report shall be addressed to the Commission and the institutions concerned and, for information, to the Management Committee.
   10.   For the purposes of the assignment of Commission funds and implementation of the budget, information and consultation procedures between the Commissioner responsible for relations with the Office and the Director of the Office shall be established by common agreement.
   11.   The Director of the Office shall be responsible for implementing the strategic objectives adopted by the Management Committee and for the sound management of the Office and its activities as well as the management of its budget.
   12.   Should the Director of the Office be absent or unavailable, the deputisation rules based on grade and seniority shall apply unless the Management Committee, on a proposal from its Chairperson or the Director of the Office, decides on a different order.
   13.   The Director of the Office shall inform the institutions about the planning and use of resources and the progress of work in a quarterly report.
   Article 10
   Staff
   1.   The Commission, having obtained the unanimous approval of the Management Committee, shall make appointments to the posts of Director-General and Director. The Commission’s rules on mobility and evaluation of senior management shall apply to the Director-General and Directors (grades AD 16/AD 15/AD 14). When the mobility deadline normally provided for in the relevant rules is approaching for an official occupying such a post, the Commission shall inform the Management Committee, which may issue a unanimous opinion on the case.
   2.   The Management Committee shall be closely involved in any procedures that have to be completed before the appointment of officials or other servants to the posts of Director-General (grades AD 16/AD 15) and Director (grades AD 15/AD 14) at the Office, especially in drafting vacancy notices, examining applications and appointing competition selection boards in relation to those posts.
   3.   The powers of the appointing authority and those of the authority empowered to conclude contracts of employment in respect of officials and other servants assigned to the Office shall be exercised by the Commission. The Commission may delegate some of its powers within the Commission and to the Director of the Office. Such delegation shall be effected under the same conditions as for Commission Directors-General.
   4.   Subject to paragraph 2, the provisions and procedures adopted by the Commission to implement the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities shall apply to officials and other servants assigned to the Office under the same conditions as for Commission officials and other servants serving in Luxembourg.
   5.   The officials of all the institutions shall be informed of any post vacant within the Office for which a vacancy notice is to be published, as soon as the appointing authority or the authority empowered to conclude contracts of employment decides to fill that post.
   6.   The Director of the Office shall report to the Management Committee on staff management on a quarterly basis.
   Article 11
   Financial aspects
   1.   The appropriations allocated to the Office, the total amount of which shall be shown under a separate heading within the section of the budget relating to the Commission, shall be set out in detail in an annex to that section. This annex shall be in the form of a statement of revenue and expenditure subdivided in the same way as the sections of the budget.
   2.   The establishment plan of the Office shall be set out in an annex to the establishment plan of the Commission.
   3.   Each institution shall be authorising officer for the relevant appropriations under the ‘publishing expenditure’ heading in its budget.
   4.   Each institution may delegate authorising officer powers to the Director of the Office for the management of appropriations entered in its section and shall set the limits and conditions for this delegation of powers in accordance with the Financial Regulation. The Director of the Office shall report to the Management Committee on such delegation of powers on a quarterly basis.
   5.   The budgetary and financial management of the Office, including management of the appropriations assigned by institutions other than the Commission, shall be conducted in compliance with the Financial Regulation and its implementing provisions and the financial framework in force at the Commission.
   6.   The Office’s accounts shall be drawn up in accordance with the accounting rules and methods approved by the Commission Accounting Officer. The Office shall keep separate accounts for the sale of the Official Journal and publications. Net receipts from sales shall be passed on to the institutions.
   Article 12
   Oversight
   1.   The function of internal auditor shall be performed at the Office by the Commission internal auditor, in accordance with the Financial Regulation. The Office shall establish an internal audit capability using arrangements similar to those for the Commission’s Directorates-General and departments. The institutions may ask the Director of the Office to include specific audits in the work programme of the Office’s internal audit capability.
   2.   The Office shall answer any questions falling within its competence in connection with the remit of the European Anti-Fraud Office (OLAF). In order to protect the interests of the European Union, an agreement setting out mutual information arrangements shall be drawn up between the Chairperson of the Management Committee and the Director of OLAF.
   Article 13
   Complaints and requests
   1.   Within the limits of its competence, the Office shall be responsible for answering questions from the European Ombudsman and the European Data Protection Supervisor.
   2.   Any legal action within the areas of competence of the Office shall be brought against the Commission.
   Article 14
   Public access to documents
   1.   The Director of the Office shall take the decisions referred to in Article 7 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (4). Where applications are refused, decisions on confirmatory applications shall be taken by the Secretary-General of the Commission.
   2.   The Office shall keep a register of documents in accordance with Article 11 of Regulation (EC) No 1049/2001.
   Article 15
   Repeal
   Decision 2000/459/EC, ECSC, Euratom is repealed.
   References to the repealed Decision shall be construed as references to this Decision.
   Article 16
   Effective date
   This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

      Done at Brussels and at Luxembourg, 26 June 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         K. SCHWARZENBERG

            For the Commission

            The President

         J. M. BARROSO

            For the Court of Justice

            The President

         V. SKOURIS

            For the Court of Auditors

            The President

         V. M. SILVA CALDEIRA

            For the European Economic and Social Committee

            The President

         M. SEPI

            For the Committee of the Regions

            The President

         L. VAN DEN BRANDE

      (1)  OJ 152, 13.7.1967, p. 18.

      (2)  OJ L 183, 22.7.2000, p. 12.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 145, 31.5.2001, p. 43.


title: 2007/660/EC: Council Decision of 9 October 2007 appointing four Netherlands members and four Netherlands alternate members to the Committee of the Regions

text:
               13.10.2007

               EN

               Official Journal of the European Union

               L 270/15

      COUNCIL DECISION

   of 9 October 2007
   appointing four Netherlands members and four Netherlands alternate members to the Committee of the Regions
   (2007/660/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Netherlands Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               Two members’ seats on the Committee of the Regions have become vacant following the end of the mandates of Mr BIJMAN and Mr LOKKER. Two members’ seats have become vacant following the resignation of Mr JANSEN and Mr HOES. Four alternate members’ seats have become vacant following the end of the mandates of Mr van GELDER, Mr SWIERSTRA, Mr van DIESSEN and Mr EURLINGS,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               as members:

                           Mr Co VERDAAS, gedeputeerde in de provincie Gelderland,

                           Ms Johanna MAIJ-WEGGEN, Commissaris der Koningin in de provincie Noord-Brabant,

                           Mr Léon FRISSEN, Commissaris der Koningin in de provincie Limburg,

                           Mr Rob BATS, gedeputeerde in de provincie Drenthe,

                     and

               as alternate members:

                           Ms Carla PEIJS, Commissaris der Koningin in de provincie Zeeland,

                           Mr Sjoerd GALEMA, gedeputeerde in de provincie Friesland,

                           Mr Joop BINNEKAMP, gedeputeerde in de provincie Utrecht,

                           Mr Dick BUURSINK, gedeputeerde in de provincie Overijssel.

         Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Luxembourg, 9 October 2007.

            For the Council

            The President

         F. TEIXEIRA DOS SANTOS

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Council Decision 2005/451/JHA of 13 June 2005 fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism

text:
               21.6.2005

               EN

               Official Journal of the European Union

               L 158/26

         COUNCIL DECISION 2005/451/JHA
   of 13 June 2005
   fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (1) (the Council Regulation), and in particular to Article 2(2) thereof,
   Whereas:

               (1)

               On 24 February 2005 the Council adopted Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (2).

               (2)

               Pursuant to Article 2(1), (2) and (3) of that Decision, some of its provisions take effect on the dates specified therein.

               (3)

               It is appropriate for identical provisions of the Council Regulation, to apply from the same dates.

               (4)

               Article 2(2) of the Council Regulation specifies that the Council Regulation will apply from a date to be fixed by the Council, as soon as the necessary preconditions have been fulfilled, and that the Council may decide to set different dates for the application of different provisions.

               (5)

               The preconditions referred to in Article 2(2) of the Council Regulation have been fulfilled in respect of Article 1(1), (3), (7) and (8) thereof.

               (6)

               As regards Iceland and Norway, this Decision constitutes a development of those provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis
                   (3), which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (4).

               (7)

               As regards Switzerland, this Decision constitutes a development of those provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
                   (5), which fall within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 4(1) of the Council Decisions of 25 October 2004 on the signing on behalf of the European Union, and on the signing on behalf of the European Community, and on the provisional application of certain provisions of that Agreement (6),

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   Article 1(1) and (3) of the Council Regulation shall apply from 13 June 2005.
   2.   Article 1(7) and (8) of the Council Regulation shall apply from 11 September 2005.
   3.   Article 1(1), (3), (7) and (8) of the Council Regulation shall apply in respect of Iceland and Norway from 10 December 2005.
   Article 2
   This Decision shall take effect on the date of its adoption. It shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 13 June 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 162, 30.4.2004, p. 29.

      (2)  OJ L 68, 15.3.2005, p. 44.

      (3)  OJ L 176, 10.7.1999, p. 36.

      (4)  OJ L 176, 10.7.1999, p. 31.

      (5)  Council doc. 13054/04 accessible on http://register.consilium.eu.int

      (6)  OJ L 368, 15.12.2004, p. 26 and OJ L 370, 17.12.2004, p. 78.


title: 2014/656/EU: Council Decision of 8 September 2014 appointing an Italian member of the Committee of the Regions

text:
               9.9.2014

               EN

               Official Journal of the European Union

               L 268/14

         COUNCIL DECISION
   of 8 September 2014
   appointing an Italian member of the Committee of the Regions

      (2014/656/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member's seat has become vacant following the end of the term of office of Ms Mercedes BRESSO.

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Mr Francesco PIGLIARU, Presidente della Regione Sardegna.

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

      Done at Brussels, 8 September 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

|

E1994C0194

EFTA SURVEILLANCE AUTHORITY DECISION No 194/94/COL of 30 November 1994 approving the national plans for approval of poultry establishments in certain EFTA States

Official Journal L 383 , 31/12/1994 P. 0045 - 0046

EFTA SURVEILLANCE AUTHORITY DECISION No 194/94/COL of 30 November 1994 approving the national plans for approval of poultry establishments in certain EFTA States THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, and in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 4 of Chapter I of Annex I to the Agreement on the European Economic Area on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (Council Directive 90/539/EEC, hereinafter referred to as 'the Poultry Act'), and in particular Article 3 (2) thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (e) thereof,Whereas Finland by letter dated 18 February 1994, Sweden by letter dated 12 April 1994 and Norway by letter dated 14 July 1994 have submitted to the EFTA Surveillance Authority national plans for approval of poultry establishments;Whereas the plans have been examined and found to meet the requirements of the Poultry Act, and in particular Annex II thereof;Whereas the measures provided for are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,HAS ADOPTED THIS DECISION:1. The plans submitted by the EFTA States referred to in the Annex for the approval of establishments are hereby approved in accordance with Article 3 (2) of the Act referred to in point 4 of Chapter I of Annex I to the Agreement on the European Economic Area on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (Council Directive 90/539/EEC).2. The EFTA States referred to in the Annex shall bring into force by 1 December 1994 the laws, regulations, and administrative provisions for the implementation of the plans referred to in Article 1.3. The EFTA States referred to in the Annex shall communicate to the EFTA Surveillance Authority the texts of the provisions of national law which they adopt to comply with this Decision.4. This Decision shall enter into force on 1 December 1994.5. This Decision is addressed to the EFTA States referred to in the Annex.6. This Decision shall be authentic in the English language.Done at Brussels, 30 November 1994.For the EFTA Surveillance AuthorityPekka SÄILÄCollege MemberANNEX EFTA States with approved national plans for the approval of poultry establishments according to Article 3 (2) of the Poultry Act FinlandNorwaySweden


title: Council Decision 2011/857/CFSP of 19 December 2011 amending and extending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

text:
               21.12.2011

               EN

               Official Journal of the European Union

               L 338/52

         COUNCIL DECISION 2011/857/CFSP
   of 19 December 2011
   amending and extending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 December 2005, the Council adopted Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (1).

               (2)

               On 26 May 2011, the Council adopted Decision 2011/312/CFSP (2) amending Joint Action 2005/889/CFSP and extending it until 31 December 2011.

               (3)

               On 8 November 2011 the Political and Security Committee (PSC) recommended the technical extension of EU BAM Rafah for further 6 months.

               (4)

               EU BAM Rafah should be further extended from 1 January 2012 until 30 June 2012 on the basis of its current mandate.

               (5)

               It is also necessary to lay down the financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 1 January 2012 to 30 June 2012.

               (6)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Joint Action 2005/889/CFSP is hereby amended as follows:

               (1)

               Article 12 is replaced by the following:
               ‘Article 12
               Security
               1.   The Civilian Operation Commander shall direct the Head of Mission’s planning of security measures and ensure their proper and effective implementation for EU BAM Rafah in accordance with Articles 5 and 9, in coordination with the Security Directorate of the European External Action Service (EEAS).
               2.   The Head of Mission shall be responsible for the security of EU BAM Rafah and for ensuring compliance with minimum security requirements applicable to EU BAM Rafah, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty and its supporting instruments.
               3.   The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who shall report to the Head of Mission and also maintain a close functional relationship with the Security Directorate of the EEAS.
               4.   EU BAM Rafah staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO.’;

               (2)

               in Article 13, paragraph 1 is replaced by the following:
               ‘1.   The financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 25 November 2005 to 31 December 2011 shall be EUR 21 570 000.
               The financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 1 January 2012 to 30 June 2012 shall be EUR 970 000.’;

               (3)

               in Article 16, the second paragraph is replaced by the following:
               ‘It shall expire on 30 June 2012.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 January 2012.

      Done at Brussels, 19 December 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 327, 14.12.2005, p. 28.

      (2)  OJ L 140, 27.5.2011, p. 55.


title: 2008/540/EC: Decision of the European Parliament of 24 April 2007 on closing the accounts for implementation of the budget for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/197

      DECISION OF THE EUROPEAN PARLIAMENT

   of 24 April 2007
   on closing the accounts for implementation of the budget for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005
   (2008/540/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Commission report on the follow-up to the 2004 discharge decisions (COM(2006)0641 and its annex SEC(2006) 1376),
   having regard to the financial statements and revenue and expenditure accounts for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005 (COM(2006) 0429 — C6-0264/2006) (1),
   having regard to the report on the financial management of the Sixth, Seventh, Eighth and Ninth European Development Funds for the year 2005 (COM(2006) 0405),
   having regard to the Court of Auditors' annual report on the activities funded by the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005, together with the audited institutions' replies (2),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
   having regard to the Council's Recommendations of 27 February 2007 (6061/2007 — C6-0094/2007, 6062/2007 — C6-0095/2007, 6063/2007 — C6-0096/2007, 6064/2007 — C6-0097/2007),
   having regard to Article 33 of the Internal Agreement of 20 December 1995, between the representatives of the governments of the Member States meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (4),
   having regard to Article 32 of the Internal Agreement of 18 September 2000, between the representatives of the governments of the Member States meeting within the Council, on the financing and administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000, and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (5),
   having regard to Article 276 of the EC Treaty,
   having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (6),
   having regard to Article 119 of the Financial Regulation of 27 March 2003 applicable to the Ninth European Development Fund (7),
   having regard to Rules 70 and 71, third indent, 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 Development (A6-0115/2007),

               1.

               Notes that the final annual accounts of the Sixth, Seventh, Eighth and Ninth European Development Funds are as follows:
               Table 1
               Cumulative utilisation of EDF resources as at 31 December 2005

                           (million euro)

                           Situation at end of 2004

                           Budgetary implementation during the financial year 2005

                           Situation at end of 2005

                           Global amount

                           Implementation rate % (9)

                           6th EDF

                           7th EDF

                           8th EDF

                           9th EDF

                           Global amount

                           6th EDF

                           7th EDF

                           8th EDF

                           9th EDF

                           Global amount

                           Implementation rate % (9)

                           A — RESOURCES (8)

                           43 801,8

                           -24,6

                           -86,1

                           - 275,1

                           1 038,9

                           653,2

                           7 414,8

                           10 781,6

                           11 315,6

                           14 943,0

                           44 455,0

                           B — UTILISATION

                                       1.

                                       Financial commitments

                           35 692,2

                           81,5

                           -24,6

                           -86,1

                           - 275,1

                           3 420,8

                           3 035,1

                           7 414,8

                           10 781,6

                           11 315,6

                           9 215,3

                           38 727,3

                           87,1

                                       2.

                                       Individual legal commitments

                           30 313,2

                           69,2

                           -1,3

                           110,5

                           472,0

                           2 070,9

                           2 652,1

                           7 377,0

                           10 529,0

                           10 247,2

                           4 812,1

                           32 965,3

                           74,2

                                       3.

                                       Payments (9)

                           25 918,0

                           59,2

                           21,6

                           235,3

                           854,1

                           1 373,7

                           2 484,7

                           7 333,7

                           10 084,9

                           8 385,2

                           2 598,9

                           28 402,7

                           63,9

                           C — Outstanding payments (B1 - B3)

                           9 774,2

                           22,3

                           81,1

                           696,7

                           2 930,3

                           6 616,4

                           10 324,5

                           23,2

                           D — Available balance (A - B1)

                           8 109,6

                           18,5

                           0,0

                           0,0

                           0,0

                           5 727,7

                           5 727,7

                           12,9

                              Source: Court of Auditors, based on the EDF reports on financial implementation and financial statements at 31 December 2005.

               2.

               Approves closing the accounts for the implementation of the budget for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005;

               3.

               Instructs its President to forward this Decision to the Council, the Commission, the Court of Justice, the Court of Auditors and the European Investment Bank, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 265, 31.10.2006, p. 1.

      (2)  OJ C 263, 31.10.2006, p. 205.

      (3)  OJ C 263, 31.10.2006, p. 213.

      (4)  OJ L 156, 29.5.1998, p. 108.

      (5)  OJ L 317, 15.12.2000, p. 355.

      (6)  OJ L 191, 7.7.1998, p. 53.

      (7)  OJ L 83, 1.4.2003, p. 1.

      (8)  Initial allocations to the 6th, 7th, 8th and 9th EDFs, interest, sundry resources and transfers from previous EDFs.

      (9)  As a percentage of resources.

      Source: Court of Auditors, based on the EDF reports on financial implementation and financial statements at 31 December 2005.


title: 2006/174/EC: Council Decision of  27 February 2006  amending Decision 2000/24/EC in order to include the Maldives in the list of countries covered, following the Indian Ocean tsunamis of December 2004

text:
               3.3.2006

               EN

               Official Journal of the European Union

               L 62/26

      COUNCIL DECISION

   of 27 February 2006
   amending Decision 2000/24/EC in order to include the Maldives in the list of countries covered, following the Indian Ocean tsunamis of December 2004
   (2006/174/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 181a thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The tsunamis in the Indian Ocean region on 26 December 2004 caused widespread damage to certain coastal regions of surrounding countries.

               (2)

               The European Investment Bank has identified potential projects in the most seriously affected countries, including the Maldives, which could benefit entities which have suffered direct or indirect losses as a result of the tsunamis.

               (3)

               Council Decision 2000/24/EC of 22 December 1999 granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern Europe, Mediterranean countries, Latin America and Asia and the Republic of South Africa) (2) does not include the Maldives in the list of countries covered.

               (4)

               Decision 2000/24/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In the fourth indent of Article 1(2) of Decision 2000/24/EC, ‘the Maldives’ shall be inserted between ‘Malaysia’ and ‘Mongolia’.
   Article 2
   This Decision shall take effect on the day of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 February 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  Opinion delivered on 17 January 2006 (not yet published in the Official Journal).

      (2)  OJ L 9, 13.1.2000, p. 24. Decision as last amended by Decision 2005/47/EC (OJ L 21, 25.1.2005, p. 9).


title: 2014/669/EU: Council Decision of 23 June 2014 on the signing, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other party

text:
               20.9.2014

               EN

               Official Journal of the European Union

               L 278/6

         COUNCIL DECISION
   of 23 June 2014
   on the signing, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other party

      (2014/669/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 22 January 2007, the Council authorised the Commission to open negotiations with Ukraine for the conclusion of a new agreement between the Union and Ukraine to replace the Partnership and Cooperation Agreement (1).

               (2)

               Taking account of the close historical relationship and progressively closer links between the Parties as well as their desire to strengthen and widen relations in an ambitious and innovative way, the negotiations on the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (hereinafter referred to as ‘the Agreement’) were successfully concluded by the initialling of the Agreement in 2012.

               (3)

               Following the signing of the Preamble, Article 1, and Titles I, II and VII of the Agreement at the Summit between the Union and its Member States, of the one part, and Ukraine of the other part, held in Brussels on 21 March 2014, the remaining parts of the Agreement should be signed on behalf of the Union.

               (4)

               This Decision concerns only Article 17 of the Agreement, which contains specific obligations relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party and which falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union. The aim and content of those provisions is distinct from and independent of the aim and content of the other provisions of the Agreement to establish an association between the Parties. A separate decision relating to the other provisions of the Agreement to the extent that they had not yet been signed on 21 March 2014, will be adopted in parallel with this Decision.

               (5)

               In accordance with Articles 1 and 2 of Protocol 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

               (6)

               In accordance with Articles 1 and 2 of Protocol 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (7)

               The Agreement should not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The signing, on behalf of the Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (hereinafter referred to as ‘the Agreement’), as regards Article 17 thereof, is hereby authorised, subject to the conclusion of the said Agreement and in accordance with the Final Act.
   2.   The text of the Agreement is attached to Council Decision 2014/295/EU of 17 March 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the Preamble, Article 1, and Titles I, II and VII thereof (2).
   The Final Act is attached to Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (3), adopted in parallel with this Decision.
   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.
   Article 3
   The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts or tribunals.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 23 June 2014.

            For the Council

            The President

         C. ASHTON

      (1)  Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part (OJ L 49, 19.2.1998, p. 3).

      (2)  OJ L 161, 29.5.2014, p. 1.

      (3)  See page 1 of this Official Journal.


title: Council Decision of 18 September 2006 appointing a member of the Advisory Committee of the Euratom Supply Agency

text:
               6.10.2006

               EN

               Official Journal of the European Union

               C 241/5

      COUNCIL DECISION

   of 18 September 2006
   appointing a member of the Advisory Committee of the Euratom Supply Agency
   (2006/C 241/05)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,
   Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995 (2),
   Having regard to the Council Decision of 12 July 2005 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),
   Having regard to the opinion of the Commission,
   Whereas:

               (1)

               A member's seat on the above Committee has fallen vacant following the resignation of Mr Luis A. RICO URIOS, of which the Council was informed on 22 February 2006.

               (2)

               That vacancy should therefore be filled.

               (3)

               The Spanish Government submitted a nomination on 22 February 2006,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Ms Maria Jesús ONEGA COLADAS is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, which ends on 28 March 2007.

      Done at Brussels, 18 September 2006

            For the Council

            The President

         J. KORKEAOJA

      (1)  OJ 27, 6.12.1958, p. 534/58.

      (2)  OJ L 1, 1.1.1995, p. 1.

      (3)  OJ C 178, 20.7.2005, p. 1.


Avis juridique important

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32004D0172

2004/172/EC: Council Decision of 10 February 2004 appointing an alternate member of the Committee of the Regions

Official Journal L 055 , 24/02/2004 P. 0053 - 0053

Council Decisionof 10 February 2004appointing an alternate member of the Committee of the Regions(2004/172/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Spanish Government,Whereas:(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions(1).(2) The seat of an alternate member of the Committee of the Regions has become vacant following the expiry of the mandate of Mr Juan GONZALEZ BLASCO, of which the Council was notified on 23 January 2004,HAS DECIDED AS FOLLOWS:Sole ArticleMs Laura DE ESTEBAN, Directora-General - Gobierno de la Communidad Autónoma de Madrid, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Juan GONZALEZ BLASCO for the remainder of his term of office, which ends on 25 January 2006.Done at Brussels, 10 February 2004.For the CouncilThe PresidentC. McCreevy(1) OJ L 24, 26.1.2002, p. 38.


title: 2009/486/EC: Commission Decision of 22 June 2009 on the purchase of foot-and-mouth disease virus antigens

text:
               23.6.2009

               EN

               Official Journal of the European Union

               L 160/27

      COMMISSION DECISION

   of 22 June 2009
   on the purchase of foot-and-mouth disease virus antigens
   (2009/486/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular the second paragraph of Article 14 thereof,
   Having regard to Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (2), and in particular Article 80(2) thereof,
   Whereas:

               (1)

               Decision 90/424/EEC lays down the procedure governing the Community’s financial contribution towards specific veterinary measures. Those measures are to include the campaign against foot-and-mouth disease. That Decision provides that Community aid may be granted to set up a Community reserve of vaccines against foot-and-mouth disease and requires to determine the level of Community participation and the conditions to which such participation may be subject.

               (2)

               In accordance with Council Decision 91/666/EEC of 11 December 1991 establishing Community reserves of foot-and-mouth disease vaccines (3), stocks of antigens have been established for the express formulation of vaccines against foot-and-mouth disease.

               (3)

               Under Directive 2003/85/EC, the Commission is to ensure that Community reserves of concentrated inactivated antigens for the production of foot-and-mouth disease vaccines are maintained on the premises of the Community antigen and vaccine bank. Those reserves are kept for security reasons at designated sites of the premises of the manufacturer.

               (4)

               The number of doses and the diversity of strains and subtypes of antigens of foot-and-mouth disease viruses stored in the Community antigen and vaccine bank is to be decided taking into account the needs as estimated in the context of the contingency plans provided for in that Directive and the epidemiological situation, where appropriate after consultation with the Community Reference Laboratory for foot-and-mouth disease.

               (5)

               The deterioration of the foot-and-mouth disease situation in certain parts of the world requires that certain stocks of antigens be supplemented urgently, due to the risks for the epidemiological situation in the Community and neighbouring countries.

               (6)

               When deciding about the purchase of additional quantities and subtypes of foot-and-mouth disease virus antigens account should be taken of existing quantities of such antigens, of the compatibility required for combination in polyvalent vaccines and of the marketing authorisation held by the manufacturer of the antigens in at least one of the Member States in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (4).

               (7)

               Account should also be taken of the report of the Food and Agriculture Organisation (FAO) World Reference Laboratory for Foot-and-Mouth Disease, which is also the Community Reference Laboratory for foot-and-mouth disease designated in accordance with Commission Decision 2006/393/EC (5), on a list of priority antigens recommended for antigen banks, which was endorsed by the Technical Committee (6) in October 2008 and by the 77th Meeting of the Executive Committee in December 2008 (7) of the European Commission for the Control of Foot-and-Mouth Disease (EuFMD) at the FAO.

               (8)

               When deciding about the procurement procedures, account should be taken of the fact that where it is in the interest of the Community, vaccines may be supplied to countries with an endemic situation in accordance with Article 12 of Decision 90/424/EEC and Article 83(3) of Directive 2003/85/EC. For this reason the antigens must be from the same producer in order to be combined in polyvalent vaccines of varying compositions relevant for the situation in the target country. It is therefore necessary to use the negotiation procedure provided for in points (b) and (g)(i) of paragraph 1 of Article 126 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (8).

               (9)

               In accordance with Article 80(4) of Directive 2003/85/EC, the conditions for the establishment and maintenance of Community reserves of antigen and authorised vaccines at the premises of the manufacturing establishments shall be laid down in contracts concluded between the Commission and the manufacturing establishments.

               (10)

               Directive 2003/85/EC provides that the information on quantities and subtypes of antigens or authorised vaccines stored in the Community antigen and vaccine bank is to be treated as classified information. The information set out in the Annex to this Decision, concerning the quantities and subtypes of foot-and-mouth disease virus antigens to be purchased, should therefore not be published.

               (11)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Commission shall purchase by 31 December 2009 concentrated and inactivated foot-and-mouth disease virus antigens in the quantities and subtypes set out in the Annex.
   2.   The Commission shall ensure by 31 December 2009 that the antigens referred to in paragraph 1 are distributed to and stored at the two designated sites of the premises of the manufacturer as set out in the Annex.
   3.   The Commission shall ensure the formulation, finishing, bottling, labelling and delivery of vaccines reconstituted from those antigens.
   4.   The measures provided for in paragraphs 1, 2 and 3 shall be carried out by the Commission in cooperation with the manufacturing establishment of the relevant antigens already stored in the Community antigen and vaccine bank.
   Article 2
   1.   The financial contribution by the Community for the measures provided for in paragraphs 1, 2 and 3 of Article 1 shall be at a rate of 100 % of the costs incurred, and shall not exceed EUR 4 706 950.
   2.   The Commission shall conclude a contract on the purchase of the antigens referred to in Article 1(1) and their delivery to and storage in the Community antigen and vaccine bank, and another contract on the measures linked to the formulation, finishing, bottling, labelling and delivery of vaccines reconstituted from those antigens.
   3.   The Director-General of the Directorate-General for Health and Consumers is authorised to sign the contracts provided for in paragraph 2 on behalf of the Commission.
   Article 3
   In accordance with Article 80(3) of Directive 2003/85/EC the Annex to this Decision shall not be published.

      Done at Brussels, 22 June 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19.

      (2)  OJ L 306, 22.11.2003, p. 1.

      (3)  OJ L 368, 31.12.1991, p. 21.

      (4)  OJ L 311, 28.11.2001, p. 1.

      (5)  OJ L 152, 7.6.2006, p. 31.

      (6)  http://www.fao.org/ag/againfo/commissions/en/documents/reports/erice/APPENDIX_05.pdf

      (7)  http://www.fao.org/ag/againfo/commissions/docs/excom77/App05.pdf

      (8)  OJ L 357, 31.12.2002, p. 1.


title: 2008/498/EC: Decision of the European Parliament of 24 April 2007 on the discharge for implementation of the European Union general budget for the financial year 2005, Section II - Council

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/20

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for implementation of the European Union general budget for the financial year 2005, Section II — Council
   (2008/498/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2005 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2005 — Volume I (C6-0466/2006) (2),
   having regard to the Council's annual report to the discharge authority on internal audits carried out in 2005,
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2005 and the Court of Auditors' special reports, together with the audited institutions' replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0108/2007),

               1.

               Grants the Council's Secretary-General discharge for implementation of the Council 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 Council, the Commission, the Court of Justice, the Court of Auditors and the European Investment Bank, and to the national and regional audit institutions of the Member States, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ L 60, 8.5.2005.

      (2)  OJ C 264, 31.10.2006, p. 1.

      (3)  OJ C 263, 31.10.2006, p. 1.

      (4)  OJ C 263, 31.10.2006, p. 10.

      (5)  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).
    ---documentbreak---

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/21

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the European Union general budget for the financial year 2005, Section II — Council
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2005 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2005 — Volume I (C6-0466/2006) (2),
   having regard to the Council's annual report to the discharge authority on internal audits carried out in 2005,
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2005 and the Court of Auditors' special reports, together with the audited institutions' replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0108/2007),

               1.

               Notes that in 2005 the Council had available commitment appropriations amounting to a total of EUR 588 182 640,52 with a utilisation rate of 96,69 %;

               2.

               Notes that following the introduction of accrual accounting with effect from 1 January 2005 the Council's financial statements disclose a positive economic out-turn of EUR 19 386 891,40 and identical amounts (EUR 398 520 004,03) of assets and liabilities;

               3.

               Regrets that unlike other institutions the Council does not submit an annual activity report to the European Parliament, citing the Gentlemen's Agreement of 1970 (Resolution recorded in the minutes of the Council meeting of 22 April 1970) and the absence of any corresponding requirement in the Financial Regulation; calls on the Council to reconsider the decision not to publish an activity report in order to be more accountable to the general public and taxpayers;

               4.

               Points to the European Court of Auditors' (ECA) finding (paragraph 10.11) that, while the Council's reformed system for reimbursing the travel expenses of delegates of Council Members has greatly reduced the administrative burden, there were insufficient checks on the validity of Member States' statements before payment of the July 2005 instalment;

               5.

               Notes from the annual report of the internal auditor that, regarding Council delegates' mission expenses, the internal auditor stresses the need for more transparency as to the eligibility of meetings and refundable expenses and recommends the setting-up of a working group to look at such matters;

               6.

               Takes note of the Council's reply to the ECA that on the basis of a report of the Council's Internal Audit Service on the functioning of the new system of travel expenses of delegates of Council Members one year after its introduction in 2004, the Council Secretariat is currently reviewing the system; notes that each delegation now receives from the Council Secretariat a limited budget with a ceiling;

               7.

               Recalls that the Council Secretariat was unwilling to reply officially to a questionnaire to all the institutions (including the European Parliament) concerning the use of official cars having regard to the terms of the abovementioned Gentlemen's Agreement;

               8.

               Points out that the abovementioned Gentlemen's Agreement provides, as regards the section of the budget concerning the European Parliament, that:
               ‘[t]he Council undertakes to make no amendments to the estimate of expenditure of the European Parliament. This undertaking shall only be binding in so far as this estimate of expenditure does not conflict with Community provisions, in particular with regard to the Staff Regulations of Officials and Conditions of Employment of Other Servants, and to the seat of the institutions’;

               9.

               Considers that in view of its age and the substantial shortfall between words used and the meaning or interpretation which is attributed to them, the Gentlemen's Agreement may be in need of revision;

               10.

               Believes that the current compromise consisting in an informal dialogue between the Council and the competent committee's chairman and rapporteur should be widened so as to include a Member from each political group; instructs its competent committee to begin negotiations with the Council with a view to putting revised arrangements for informal dialogue in place in time for the next discharge procedure;

               11.

               Observes that in its special report No 9/2006 the ECA found that in 2005 the cost per page of translation at the Council was EUR 276 (as against EUR 194 at the Commission and EUR 119 at the European Parliament); notes that this difference is partly explained by the Council Secretariat's success in reducing the number and length of documents sent for translation and establishing a list of core documents and that in due course the Council plans to reduce the number of translation staff substantially;

               12.

               Calls for maximum transparency in the area of Common Foreign and Security Policy (CFSP); requests the Council to make sure that, in accordance with point 42 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (6), no operating CFSP expenditure appears in the Council's budget; reserves the right to take the necessary steps, where appropriate, if the agreement is infringed.

      (1)  OJ L 60, 8.3.2005, p. 1.

      (2)  OJ C 264, 31.10.2006, p. 1.

      (3)  OJ C 263, 31.10.2006, p. 1.

      (4)  OJ C 263, 31.10.2006, p. 10.

      (5)  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).

      (6)  OJ C 139, 14.6.2006, p. 1.


Avis juridique important

|

32000D0144

2000/144/CFSP: Council Decision of 14 February 2000 setting up the Interim Military Body

Official Journal L 049 , 22/02/2000 P. 0002 - 0002

COUNCIL DECISIONof 14 February 2000setting up the Interim Military Body(2000/144/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union and in particular Article 28(1),Having regard to the Treaty establishing the European Community and in particular Article 207 thereof,Recalling Article 25 of the Treaty on European Union,Whereas:In the framework of the strengthening of the common foreign and Security Policy (CFSP) and in particular of the common European policy on security and defence provided for in Article 17 of the Treaty on European Union, the European Council meeting in Helsinki on 10 and 11 December 1999 invited the Council to establish as of March 2000 the interim bodies and arrangements for the implementation of the common European policy on security and defence,HAS DECIDED AS FOLLOWS:Article 1An Interim Military Body consisting of representatives of Member States' chiefs of defence is set up to give military advice as required to the Political Committee, including in its formation as Interim Political and Security Committee, and to the Secretary General/High Representative. It is assisted by the military experts seconded from Member States to the Council Secretariat.Article 21. This Decision shall enter into force on 1 March 2000.2. It shall apply until the permanent bodies of the common European policy on security and defence are established.Article 3This Decision shall be published in the Official Journal.Done at Brussels, 14 February 2000.For the CouncilThe PresidentJ. GAMA


title: 2009/754/EC: Council Decision of 24 September 2009 appointing one Spanish member and one Spanish alternate member of the Committee of the Regions

text:
               14.10.2009

               EN

               Official Journal of the European Union

               L 269/25

      COUNCIL DECISION

   of 24 September 2009
   appointing one Spanish member and one Spanish alternate member of the Committee of the Regions
   (2009/754/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Juan José IBARRETXE MARKUARTU. An alternate member’s seat has become vacant following the end of the term of office of Mr Iñaki AGUIRRE ARIZMENDI,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               (a)

               as member:

                           —

                           Mr Francisco Javier LÓPEZ ÁLVAREZ, Presidente del Gobierno Vasco,

                     and

               (b)

               as alternate member:

                           —

                           Mr Guillermo ECHENIQUE GONZÁLEZ, Secretario General de Acción Exterior, País Vasco.

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 24 September 2009.

            For the Council

            The President

         M. OLOFSSON

      (1)  OJ L 56, 25.2.2006, p. 75.


Important legal notice

|

31990Y0412(02)

Decision No 140 of 17 October 1989 concerning the rate of conversion to be applied by the institution of a wholly unemployed frontier worker's place of residence to the last wage or salary he received in the competent State

Official Journal C 094 , 12/04/1990 P. 0004 - 0004

		Decision No 140of 17 October 1989concerning the rate of conversion to be applied by the institution of a wholly unemployed frontier worker's place of residence to the last wage or salary he received in the competent State(90/C 94/04)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons, and members of their families moving within the Community, under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Articles 68 (1) and 71 (1) (a) (ii) of Regulation (EEC) No 1408/71,"Article 68 (1) of Regulation (EEC) No 1408/71, viewed in the light of Article 51 of the Treaty and the objectives which it pursues, must be interpreted as meaning that, in the case of a frontier worker, within the meaning of Article 1 (b) of that Regulation, who is wholly unemployed, the competent institution of the Member State of residence, whose national legislation provides that the calculation of benefits should be based on the amount of the previous wage or salary, shall calculate those benefits taking into account the wage or salary received by the worker in the last employment held by him in the Member State in which he was engaged immediately prior to his becoming unemployed."Whereas, consequently, the rate of exchange should be determined that must be applied for the conversion of the amount of the wage or salary received by the worker into the currency of the Member State of residence,HAS DECIDED AS FOLLOWS:1. For the combined application of the provisions of Articles 68 (1) and 71 (1) (a) (ii) of Regulation (EEC) No 1408/71 the institution of the place of residence of a frontier worker who is wholly unemployed shall convert into its currency the amount of the wage or salary received by the worker in the last employment he pursued in the competent State immediately prior to his becoming unemployed, by using the rate of conversion referred to in Article 107 (1) of Regulation (EEC) No 574/72 applicable during the month in which the last wage or salary was received.2. This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on the first day of the month following its publication.The Chairman of the Administrative CommissionM. Mousseau--------------------------------------------------


Avis juridique important

|

31998D0646

98/646/EC: Council Decision of 13 November 1998 adopted on the basis of Article J.4(2) of the Treaty on European Union, on the monitoring of the situation in Kosovo

Official Journal L 308 , 18/11/1998 P. 0001 - 0002

COUNCIL DECISION of 13 November 1998 adopted on the basis of Article J.4(2) of the Treaty on European Union, on the monitoring of the situation in Kosovo (98/646/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article J.4(2) thereof,Having regard to the Declaration (No 30) on Western European Union included in the Final Act signed upon the adoption of the Treaty,Whereas the Council adopted a declaration on 26 October 1998 defining a comprehensive approach to Kosovo including full support by the European Union to the agreements signed in Belgrade on 16 October 1998 between the Federal Republic of Yugoslavia (FRY) and the OSCE and on 15 October 1998 between the FRY and NATO, full support for the OSCE and for the Kosovo Verification Mission, as well as the European Union's readiness to contribute to the assistance to refugees and displaced persons;Whereas the European Union action as defined above requires a precise knowledge of the situation on the ground in Kosovo; whereas such knowledge would be facilitated by information resulting from the interpretation of space imagery;Whereas the Western European Union (WEU) Satellite Center has, among its missions, the supply of 'information resulting from the interpretation of space imagery`, inter alia, for general security surveillance, including general surveillance of areas of interest for the WEU on the basis of a mandate of the Council and support for treaty verification;Whereas under these conditions the European Union should have recourse to the WEU,HAS ADOPTED THIS DECISION:Article 1 The European Union requests the WEU to provide relevant information made available by the WEU Satellite Center concerning:- the state of the implementation of the agreements signed in Belgrade on 16 October 1998 between the FRY and the OSCE and on 15 October 1998 between the FRY and NATO,and- the situation of refugees and displaced persons and of the infrastructure in this respectwith a view for the European Union to contribute to the monitoring necessary for the overall success of the OSCE and NATO relevant missions.Article 2 This Decision shall be notified to the WEU in accordance with the conclusions adopted by the Council on 14 May 1996 on the transmission to the WEU of documents of the European Union.Article 3 This Decision shall enter into force on the date of its adoption.Article 4 This Decision shall be published in the Official Journal.Done at Brussels, 13 November 1998.For the CouncilThe PresidentJ. FARNLEITNERDeclaration by the Danish delegation In accordance with section C of the Decision adopted at the European Council in Edinburgh on 11 and 12 December 1992, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications.The Danish Government has decided that Denmark will not participate in the Council Decision on the basis of Article J.4(2) on the monitoring of the situation in Kosovo.In accordance with the Edinburgh Decision, Denmark will not prevent the development of closer cooperation between Member States in this area. Accordingly, the position indicated above does not prevent the adoption of the Council Decision.