title: Council Decision 2011/411/CFSP of 12 July 2011 defining the statute, seat and operational rules of the European Defence Agency and repealing Joint Action 2004/551/CFSP

text:
               13.7.2011

               EN

               Official Journal of the European Union

               L 183/16

         COUNCIL DECISION 2011/411/CFSP
   of 12 July 2011
   defining the statute, seat and operational rules of the European Defence Agency and repealing Joint Action 2004/551/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 42 and 45 thereof,
   Whereas:

               (1)

               The European Defence Agency (hereinafter ‘the Agency’) was established by Council Joint Action 2004/551/CFSP (1) (hereinafter ‘Joint Action 2004/551/CFSP’) to support the Council and Member States in their effort to improve the Union’s defence capabilities in the field of crisis management and to sustain the European Security and Defence Policy.

               (2)

               The European Security Strategy, endorsed by the European Council on 12 December 2003, identifies the establishment of a defence agency as an important element towards the development of more flexible and efficient European military resources.

               (3)

               The report on the implementation of the European Security Strategy of 11 December 2008 endorses the Agency’s leading role in the process of developing key defence capabilities for the Common Security and Defence Policy (CSDP).

               (4)

               Joint Action 2004/551/CFSP should be repealed and replaced in order to take into account the amendments to the Treaty on European Union (TEU) introduced by the Treaty of Lisbon.

               (5)

               Article 45 TEU provides for the adoption, by the Council, of a Decision defining the Agency’s statute, seat and operational rules, which should take account of the level of effective participation of the Member States in the Agency’s activities.

               (6)

               The Agency should contribute to the implementation of the Common Foreign and Security Policy (CFSP), in particular the CSDP.

               (7)

               The structure of the Agency should enable it to respond to the operational requirements of the Union and its Member States for the CSDP and, where necessary to fulfil its functions, to cooperate with third countries, organisations and entities.

               (8)

               The Agency should develop close working relations with existing arrangements, groupings and organisations, such as those established under the Letter of Intent Framework Agreement (hereinafter ‘LoI Framework Agreement’), as well as the Organisation Conjointe de Coopération en matière d’Armement (OCCAR) and the European Space Agency (ESA).

               (9)

               The High Representative of the Union for Foreign Affairs and Security Policy (HR), in accordance with Article 18(2) TEU, should have a leading role in the Agency’s structure and provide the essential link between the Agency and the Council.

               (10)

               In the exercise of its role of political supervision and policy-making, the Council should issue guidelines to the Agency.

               (11)

               In view of their nature, the adoption of the Financial Framework for the Agency, as referred to in Article 4(4), and the conclusion of administrative arrangements between the Agency and third countries, organisations and entities must be approved by the Council acting unanimously.

               (12)

               When adopting guidelines and decisions in relation to the work of the Agency, the Council should meet at the level of Defence Ministers.

               (13)

               Any guidelines or decisions adopted by the Council in relation with the Agency’s work should be prepared in accordance with Article 240 TFEU.

               (14)

               The competences of the Council’s preparatory and advisory bodies, in particular those of the Committee of Permanent Representatives under Article 240 TFEU, the Political and Security Committee (PSC) under Article 38 TEU and the EU Military Committee (EUMC) should remain unaffected.

               (15)

               The National Armaments Directors (NAD), Capability Directors, Research and Technology (R&T) Directors and Defence Policy Directors should receive reports and contribute on issues of their competence in preparation of Council decisions relating to the Agency.

               (16)

               The Agency should have the legal personality necessary to perform its functions and attain its objectives, while maintaining close links with the Council and fully respecting the responsibilities of the European Union and its institutions.

               (17)

               It should be provided that the budgets administered by the Agency may, on a case-by-case basis, receive contributions towards non-administrative costs, from the general budget of the European Union, in full respect of the rules, procedures and decision-making processes applicable to it, including Article 41(2) TEU.

               (18)

               The Agency, while being open to participation by all Member States, should also provide for the possibility of specific groups of Member States establishing ad hoc projects or programmes.

               (19)

               Subject to a Council decision on the establishment of permanent structured cooperation, in conformity with Articles 42(6) and 46 TEU and with Protocol (No 10) on permanent structured cooperation established by Article 42 TEU annexed to the TEU and to the TFEU, the Agency should support the implementation of permanent structured cooperation.

               (20)

               The Agency should have decision-making procedures allowing it to fulfil its tasks efficiently, while respecting the national security and defence policies of participating Member States.

               (21)

               The Agency should fulfil its mission in full respect of Article 40 TEU.

               (22)

               The Agency should act in full compliance with the Council’s security standards and rules.

               (23)

               In accordance with Article 5 of Protocol (No 22) on the position of Denmark, annexed to the TEU and to the TFEU, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark will therefore not be bound by this Decision,

         HAS ADOPTED THIS DECISION:
   CHAPTER I

      ESTABLISHMENT, MISSION AND TASKS OF THE AGENCY

   Article 1
   Establishment
   1.   An Agency in the field of defence capabilities development, research, acquisition and armaments (hereinafter the ‘European Defence Agency’ or the ‘Agency’), as originally established by Joint Action 2004/551/CFSP, shall hereby continue in accordance with the following provisions.
   2.   The Agency shall act under the Council’s authority, in support of the CFSP and the CSDP, within the single institutional framework of the European Union, and without prejudice to the responsibilities of the EU institutions and the Council bodies. The Agency’s mission shall be without prejudice to other competences of the Union, in full respect of Article 40 TEU.
   3.   The Agency shall be open to participation by all EU Member States wishing to be part of it. Member States already participating in the Agency at the time of the adoption of this Decision shall continue as participating Member States.
   4.   Any Member State wishing to participate in the Agency after the entry into force of this Decision or wishing to withdraw from the Agency shall notify its intention to the Council and shall inform the HR. Any necessary technical and financial arrangements for such participation or withdrawal shall be determined by the Steering Board, referred to in Article 8.
   5.   The Agency shall have its seat in Brussels.
   Article 2
   Mission
   1.   The mission of the Agency is to support the Council and the Member States in their effort to improve the EU’s defence capabilities in the field of crisis management and to sustain the CSDP as it stands now and develops in the future.
   2.   The Agency shall identify operational requirements, shall promote measures to satisfy those requirements, shall contribute to identifying and, where appropriate implementing any measure needed to strengthen the industrial and technological base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluating the improvement of military capabilities.
   3.   The Agency’s mission shall be without prejudice to the competences of Member States in defence matters.
   Article 3
   Definitions
   For the purpose of this Decision, the following definitions shall apply:

               (a)

               ‘participating Member States’ means the Member States of the European Union which participate in the Agency;

               (b)

               ‘contributing Member States’ means the participating Member States of the European Union which contribute to a particular project or programme of the Agency.

         Article 4
   Political supervision and reporting arrangements to the Council
   1.   The Agency shall operate under the authority and the political supervision of the Council, to which it shall provide regular reports and from which it shall receive regular guidelines.
   2.   The Agency shall report regularly to the Council on its activities, and shall notably:

               (a)

               submit to the Council in November each year a report on the Agency’s activities for that year and provide elements for the Agency’s work programme and budgets for the following year;

               (b)

               subject to a Council decision on the establishment of permanent structured cooperation, submit to the Council at least once a year information on the Agency’s contribution to the assessment activities in the context of permanent structured cooperation, referred to in Article 5(3)(f)(ii).

         The Agency shall provide the Council in good time with information on important matters to be submitted to the Steering Board for decision.
   3.   The Council, acting by unanimity, and with advice from the PSC or other competent Council bodies as appropriate, shall issue guidelines annually in relation to the work of the Agency, notably with regard to its work programme. The Agency’s work programme shall be established within the framework of these guidelines.
   4.   Every year, the Council, acting by unanimity, shall approve a Financial Framework for the Agency for the following 3 years. That Financial Framework shall set out agreed priorities associated with the Agency’s 3-year Work Plan and shall constitute a legally binding ceiling for the first year and planning figures for the second and third year. The Agency shall provide, no later than 31 March each year, a draft of the Financial Framework and its associated Work Plan to the Steering Board for consideration.
   5.   The Agency may make recommendations to the Council and to the Commission as necessary for the implementation of its mission.
   Article 5
   Functions and tasks
   1.   In fulfilling its functions and tasks, the Agency shall respect other competences of the Union and those of the EU institutions.
   2.   The Agency’s fulfilment of its functions and tasks shall be without prejudice to the competences of Member States in defence matters.
   3.   The Agency, subject to the authority of the Council, shall have as its task to:

               (a)

               contribute to identifying the Member States’ military capability objectives and evaluating observance of the capability commitments given by the Member States, in particular by:

                           (i)

                           identifying, in association with the competent Council bodies, including the EUMC, and utilising, inter alia, the Capability Development Mechanism (CDM) and any successor, the EU’s future defence capability requirements;

                           (ii)

                           coordinating the implementation of the Capability Development Plan (CDP) and any successor thereto;

                           (iii)

                           evaluating, against criteria to be agreed by the Member States, the capability commitments given by the Member States, inter alia, through the CDP process and the CDM and any successor thereto;

               (b)

               promote the harmonisation of operational needs and the adoption of effective, compatible procurement methods, in particular by:

                           (i)

                           promoting and coordinating harmonisation of military requirements;

                           (ii)

                           promoting cost-effective and efficient procurement by identifying and disseminating best practices;

                           (iii)

                           providing appraisals on financial priorities for capabilities development and acquisition;

               (c)

               propose multilateral projects to fulfil the objectives in terms of military capabilities, ensure coordination of the programmes implemented by the Member States and management of specific cooperation programmes, in particular by:

                           (i)

                           promoting and proposing new multilateral cooperative projects;

                           (ii)

                           identifying and proposing collaborative activities in the operational domain;

                           (iii)

                           working for coordination of existing programmes implemented by Member States;

                           (iv)

                           taking, at the request of Member States, responsibility for managing specific programmes;

                           (v)

                           preparing, at the request of Member States, programmes to be managed by OCCAR or through other arrangements, as appropriate;

               (d)

               support defence technology research, and coordinate and plan joint research activities and the study of technical solutions meeting future operational needs, in particular by:

                           (i)

                           promoting, in liaison with the Union’s research activities where appropriate, research aimed at fulfilling future security and defence capability requirements and thereby strengthening Europe’s industrial and technological potential in this domain;

                           (ii)

                           promoting more effectively targeted joint defence R&T;

                           (iii)

                           catalysing defence R&T through studies and projects;

                           (iv)

                           managing defence R&T contracts;

                           (v)

                           working in liaison with the Commission to maximise complementarity and synergy between defence and civil or security-related research programmes;

               (e)

               contribute to identifying and, if necessary, implementing any useful measure for strengthening the industrial and technological base of the defence sector and for improving the effectiveness of military expenditure, in particular by:

                           (i)

                           contributing to the creation of an internationally competitive European defence equipment market, without prejudice to the internal market rules and the competences of the Commission in this field;

                           (ii)

                           developing relevant policies and strategies in consultation with the Commission and, as appropriate, industry;

                           (iii)

                           pursuing, in consultation with the Commission, EU-wide development and harmonisation of relevant procedures, within the tasks of the Agency;

               (f)

               subject to a Council decision on the establishment of permanent structured cooperation, support this cooperation in particular by:

                           (i)

                           facilitating major joint or European capability development initiatives;

                           (ii)

                           contributing to the regular assessment of participating Member States’ contributions with regard to capabilities, in particular contributions made in accordance with the criteria to be established, inter alia, on the basis of Article 2 of Protocol (No 10) on permanent structured cooperation annexed to the TEU and the TFEU and reporting thereon at least once a year.

         Article 6
   Legal personality
   The Agency shall have legal personality in order to perform its functions and attain its objectives. Member States shall ensure that the Agency enjoys the most extensive legal capacity accorded to legal persons under their laws. The Agency may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings. The Agency shall have the capacity to conclude contracts with private or public entities or organisations.
   CHAPTER II

      ORGANS AND STAFF OF THE AGENCY

   Article 7
   Head of the Agency
   1.   The Head of the Agency shall be the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   2.   The Head of the Agency shall be responsible for the Agency’s overall organisation and functioning and shall ensure that the guidelines issued by the Council and the decisions of the Steering Board are implemented by the Chief Executive, who shall report to the Head of the Agency.
   3.   The Head of the Agency shall present the Agency’s reports to the Council as referred to in Article 4(2).
   4.   The Head of the Agency shall be responsible for the negotiation of administrative arrangements with third countries and other organisations, groupings or entities in accordance with directives given by the Steering Board. Within such arrangements, as approved by the Steering Board, the Head of the Agency shall be responsible for establishing appropriate working relations with them.
   Article 8
   Steering Board
   1.   A Steering Board composed of one representative of each participating Member State, authorised to commit its government, and a representative of the Commission, shall be the decision-making body of the Agency. The Steering Board shall act within the framework of the guidelines issued by the Council.
   2.   The Steering Board shall meet at the level of Defence Ministers of the participating Member States or their representatives. The Steering Board shall, in principle, hold at least two meetings each year at the level of Defence Ministers.
   3.   The Head of the Agency shall convene and chair the Steering Board’s meetings. If a participating Member State so requests, the Head of the Agency shall convene a meeting within 1 month.
   4.   The Head of the Agency may delegate the power to chair the Steering Board’s meetings at the level of the representatives of the Ministers of Defence.
   5.   The Steering Board may meet in specific compositions (such as NADs, Capability Directors, R&T Directors or Defence Policy Directors).
   6.   The Steering Board meetings are attended by:

               (a)

               the Chief Executive of the Agency, referred to in Article 10, or his/her representative;

               (b)

               the Chairman of EUMC or his/her representative;

               (c)

               representatives of the European External Action Service (EEAS).

         7.   The Steering Board may decide to invite, on matters of common interest:

               (a)

               the NATO Secretary-General or his/her nominated representative;

               (b)

               the Heads/Chairs of other arrangements, groupings or organisations whose work is relevant to that of the Agency (such as those established under the LoI Framework Agreement, as well as OCCAR and ESA);

               (c)

               as appropriate, representatives of other third parties.

         Article 9
   Tasks and powers of the Steering Board
   1.   Within the framework of the guidelines of the Council referred to in Article 4(1), the Steering Board:

               (a)

               shall approve the reports to be submitted to the Council;

               (b)

               shall approve, on the basis of a draft submitted by the Head of the Agency, and no later than 31 December of each year, the Agency’s annual work programme for the following year;

               (c)

               shall adopt the Agency’s general budget no later than 31 December of each year within the limits set in the Agency’s Financial Framework as decided by the Council;

               (d)

               shall approve the establishment within the Agency of ad hoc projects or programmes in accordance with Article 19;

               (e)

               shall appoint the Chief Executive and up to two deputies;

               (f)

               shall decide that the Agency may be entrusted by one or more Member States with the administrative and financial management of certain activities within its remit in accordance with Article 17;

               (g)

               shall approve any recommendation to the Council or the Commission;

               (h)

               shall adopt the Agency’s rules of procedure;

               (i)

               may amend the financial provisions for the implementation of the Agency’s general budget;

               (j)

               may amend the rules and regulations applicable to contractual staff and seconded national experts;

               (k)

               shall determine the technical and financial arrangements regarding Member States’ participation or withdrawal referred to in Article 1(4);

               (l)

               shall adopt directives regarding the negotiation of administrative arrangements by the Head of the Agency;

               (m)

               shall approve the ad hoc arrangements referred to in Article 22(1);

               (n)

               shall conclude the administrative arrangement between the Agency and third parties referred to in Article 24(1);

               (o)

               shall approve the annual accounts and balance sheet;

               (p)

               shall adopt all other relevant decisions relating to the fulfilment of the Agency’s mission.

         2.   Unless otherwise provided for in this Decision, the Steering Board shall take decisions by qualified majority. The votes of the participating Member States shall be weighted in accordance with paragraphs 4 and 5 of Article 16 TEU. Only the representatives of the participating Member States shall take part in the vote.
   3.   If a representative of a participating Member State in the Steering Board declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. That representative may refer the matter, through the Head of the Agency, to the Council with a view to issuing guidelines to the Steering Board, as appropriate. Alternatively, the Steering Board, acting by qualified majority, may decide to refer the matter to the Council for decision. The Council shall act by unanimity.
   4.   The Steering Board, on a proposal from the Chief Executive or from a participating Member State, may decide to set up:

               (a)

               committees for the preparation of administrative and budgetary decisions of the Steering Board, composed of delegates of the participating Member States and a representative of the Commission;

               (b)

               committees specialised in specific issues within the Agency’s remit. These committees shall be composed of delegates of the participating Member States and, unless the Steering Board decides otherwise, a representative of the Commission.

         The decision to establish such committees shall specify their mandate and duration.
   Article 10
   The Chief Executive
   1.   The Chief Executive, and his/her Deputy(ies), shall be appointed by the Steering Board on a proposal from the Head of the Agency for 3 years. The Steering Board may grant a 2-year extension. The Chief Executive and up to two Deputies shall act under the authority of the Head of the Agency and in accordance with the decisions of the Steering Board.
   2.   The Chief Executive, assisted by his/her Deputy(ies), shall take all necessary measures to ensure the efficiency and effectiveness of the Agency’s work. The Chief Executive shall be responsible for the oversight and coordination of the functional units, in order to ensure the overall coherence of their work. The Chief Executive shall be the head of the Agency’s staff.
   3.   The Chief Executive is responsible for:

               (a)

               ensuring the implementation of the Agency’s annual work programme;

               (b)

               preparing the work of the Steering Board, in particular the draft annual work programme of the Agency;

               (c)

               preparing the draft annual general budget to be submitted to the Steering Board;

               (d)

               preparing the 3-year Work Plan to be submitted to the Steering Board;

               (e)

               preparing the 3-year Financial Framework to be submitted to the Council;

               (f)

               ensuring close cooperation with, and providing information to, the Council preparatory bodies, notably the PSC and the EUMC;

               (g)

               preparing the reports referred to in Article 4(2);

               (h)

               preparing the statement of revenue and expenditure and implementing the Agency’s general budget and the budgets of ad hoc projects or programmes entrusted to the Agency;

               (i)

               the day-to-day administration of the Agency;

               (j)

               all security aspects;

               (k)

               all staff matters.

         4.   Within the work programme and the general budget of the Agency, the Chief Executive shall be empowered to enter into contracts and to recruit staff. The Chief Executive shall be the authorising officer responsible for the implementation of the budgets administered by the Agency.
   5.   The Chief Executive shall be accountable to the Steering Board.
   6.   The Chief Executive shall be the legal representative of the Agency.
   Article 11
   Staff
   1.   The staff of the Agency, including the Chief Executive, shall consist of contract and statutory staff members recruited from among candidates from all participating Member States on the broadest possible geographical basis, and from the EU institutions. The staff of the Agency shall be selected by the Chief Executive on the basis of relevant competence and expertise and through fair and transparent competition procedures. The Chief Executive shall publish in advance details of all available positions and the criteria relevant to the selection process. In all cases, recruitment shall be directed to securing for the Agency the services of staff of the highest standard of ability and efficiency.
   2.   The Head of the Agency, upon a proposal from the Chief Executive and following consultation with the Steering Board, shall appoint, and renew the contracts of, the staff of the Agency at senior management level.
   3.   The Agency staff shall consist of:

               (a)

               personnel recruited directly by the Agency under fixed-term contracts, selected among nationals of participating Member States. The Council, acting by unanimity, has approved the regulations applicable to such staff (2). The Steering Board shall review and amend as necessary those regulations where they empower it to do so;

               (b)

               national experts seconded by participating Member States either to posts within the Agency organisational structure or for specific tasks and projects. The Council, acting by unanimity, has approved the regulations applicable to such staff (3). The Steering Board shall review and amend as necessary those regulations, where they empower it to do so;

               (c)

               Union officials seconded to the Agency for a fixed period and/or for specific tasks or projects as required.

         4.   The Court of Justice of the European Union shall have jurisdiction over any dispute between the Agency and any person to whom the regulations applicable to the staff of the Agency may apply.
   CHAPTER III

      BUDGET AND FINANCIAL RULES

   Article 12
   Budgetary principles
   1.   Budgets, drawn up in euro, are the acts which for each financial year lay down and authorise all the revenue and expenditure administered by the Agency.
   2.   The appropriations entered in a budget are authorised for the duration of a financial year which begins on 1 January and ends on 31 December of the same year.
   3.   For each budget, revenue and expenditure must be balanced. All revenue and expenditure shall be entered in full in the relevant budget without any adjustment against each other.
   4.   The budget shall contain differentiated appropriations, which shall consist of commitment appropriations and payment appropriations and non-differentiated appropriations.
   5.   Commitment appropriations shall cover the total cost of the legal commitments entered into during the current financial year. However, commitments may be made globally or in annual instalments. Commitments shall be entered into the accounts on the basis of the legal commitments entered into up to 31 December.
   6.   Payment appropriations shall cover payments made to honour the legal commitments entered into the current financial year and/or earlier financial years. Payments shall be entered in the accounts on the basis of the budget commitments up to 31 December.
   7.   The revenue of a financial year shall be entered in the accounts for the financial year on the basis of the amounts collected during that financial year.
   8.   Neither revenue nor expenditure may be implemented other than by allocation to a heading in the budget and within the limit of the appropriations entered therein.
   9.   Appropriations shall be used in accordance with the principles of sound financial management, namely in accordance with the principles of economy, efficiency and effectiveness.
   Article 13
   The general budget
   1.   The Head of the Agency shall provide the Steering Board, by 31 March each year, with an overall estimate of the draft general budget for the following year, with respect to the planning figures set down in the Financial Framework.
   2.   The Head of the Agency shall propose the draft general budget to the Steering Board by 30 June each year. The draft shall include:

               (a)

               the appropriations deemed necessary:

                           (i)

                           to cover the Agency’s running, staffing and meeting costs;

                           (ii)

                           for procuring external advice, notably operational analysis, essential for the Agency to discharge its tasks, and for specific research and technology activities for the common benefit of all participating Member States, notably technical case-studies and pre-feasibility studies;

               (b)

               a forecast of the revenue needed to cover expenditure.

         3.   The Steering Board shall aim to ensure that the appropriations referred to in paragraph 2(a)(ii) represent a significant share of the total appropriations referred to in paragraph 2. These appropriations shall reflect actual needs and shall allow for an operational role for the Agency.
   4.   The draft general budget shall be accompanied by a detailed staff establishment plan and detailed justifications.
   5.   The Steering Board, acting by unanimity, may decide that the draft general budget shall, furthermore, cover a particular project or programme where this is clearly for the common benefit of all participating Member States.
   6.   The appropriations shall be classified in titles and chapters grouping expenditure by type or purpose, subdivided as necessary into articles.
   7.   Each title may include a chapter entitled ‘provisional appropriations’. These appropriations shall be entered where there is uncertainty, based on serious grounds, about the amount of appropriations needed or the scope for implementing the appropriations entered.
   8.   Revenue shall consist of:

               (a)

               contributions payable by the Member States participating in the Agency based on the gross national income (GNI) scale;

               (b)

               other revenue.

         The draft general budget shall carry lines to accommodate earmarked revenue and, wherever possible, shall indicate the amount foreseen.
   9.   The Steering Board shall adopt the draft general budget by 31 December of each year within the Agency’s Financial Framework. When doing so, the Steering Board shall be chaired by the Head of the Agency, or by a representative appointed by the Head of the Agency, or by a member of the Steering Board invited to do so by the Head of the Agency. The Chief Executive shall declare that the budget has been adopted and shall notify the participating Member States.
   10.   If, at the beginning of a financial year, the draft general budget has not been adopted, a sum equivalent to not more than one twelfth of the budget appropriations for the preceding financial year may be spent each month in respect of any chapter or other subdivision of the budget. This arrangement shall not, however, have the effect of placing at the disposal of the Agency appropriations in excess of one twelfth of those provided for in the draft general budget in course of preparation. The Steering Board, acting by qualified majority on a proposal from the Chief Executive, may authorise expenditure in excess of one twelfth, provided that the overall budget appropriations for that financial year do not exceed those of the previous financial year. The Chief Executive may call for the contributions necessary to cover the appropriations authorised under this provision, which shall be payable within 30 days from dispatch of the call for contributions.
   Article 14
   Amending budgets
   1.   In the case of unavoidable, exceptional or unforeseen circumstances, the Chief Executive may propose a draft amending budget, within the limits set out in the Financial Framework.
   2.   The draft amending budget shall be drawn up, proposed, and adopted and notification given in accordance with the same procedure as the general budget, within the limits set out in the Financial Framework. The Steering Board shall act with due account to the urgency.
   3.   In the situation where the limits set down in the Financial Framework would be considered insufficient due to exceptional and unforeseen circumstances, taking also in full account rules set out in Article 13(2) and (3), the Steering Board will submit the amending budget for adoption by the Council, acting by unanimity.
   Article 15
   Earmarked revenue
   1.   The Agency may receive in its general budget as earmarked revenue for a specific purpose financial contributions to cover costs other than those referred to under Article 13(2)(a)(i):

               (a)

               from the general budget of the European Union on a case-by-case basis, in full respect of the rules, procedures and decision-making processes applicable to it;

               (b)

               from Member States, third countries or other third parties.

         2.   Earmarked revenue may only be used for the specific purpose to which it is assigned.
   Article 16
   Contributions and reimbursements
   1.   Determination of contributions where the GNI scale is applicable:

               (a)

               Where the GNI scale is applicable, the breakdown of contributions between the Member States from which a contribution is required shall be determined in accordance with the gross national product scale as specified in Article 41(2) TEU and in accordance with Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (4), or any other Council Decision which may replace it.

               (b)

               The data for the calculation of each contribution shall be those set out in the ‘GNI own resources’ column in the ‘Summary of financing of the general budget by type of own resource and by Member State’ table appended to the latest budget of the European Union. The contribution of each Member State from which a contribution is due shall be proportional to the share of that Member State’s GNI in the total GNI aggregate of the Member States from which a contribution is due.

         2.   Schedule for payment of contributions:

               (a)

               The contributions intended to finance the Agency’s general budget shall be paid by the participating Member States in three equal instalments, by 15 February, 15 June and 15 October of the financial year concerned.

               (b)

               When an amending budget is adopted, the necessary contributions shall be paid by the Member States concerned within 60 days of dispatch of the call for contributions.

               (c)

               Each Member State shall pay the bank charges relating to the payment of its own contributions.

               (d)

               If the annual budget is not approved by the end of November, the Agency may issue upon request of a Member State an individual provisional call for contributions from that Member State.

         Article 17
   Management by the Agency of expenditure on behalf of Member States
   1.   The Steering Board, on a proposal from the Chief Executive or a Member State, may decide that the Agency may be entrusted by Member States with the administrative and financial management of certain activities within its remit.
   2.   The Steering Board, in its decision, may authorise the Agency to enter into contracts on behalf of certain Member States. It may authorise the Agency to collect the necessary funds from these Member States in advance to honour the contracts entered into.
   Article 18
   Implementation of the budget
   1.   The financial provisions applicable to the Agency’s general budget have been adopted by the Council, by unanimity (5). The Steering Board, acting by unanimity, shall review and amend these provisions, as necessary.
   2.   The Steering Board, acting on a proposal from the Chief Executive, shall as necessary adopt the implementing rules regarding the implementation and control of the general budget, notably as regards public procurement, without prejudice to relevant EU rules. The Steering Board shall ensure, in particular, that security of supply and protection both of defence secret and intellectual property rights requirements are duly taken into account.
   3.   The financial provisions and rules referred to in this Article are not applicable to ad hoc projects and programmes as referred to in Articles 19 and 20.
   CHAPTER IV

      AD HOC PROJECTS OR PROGRAMMES AND ASSOCIATED BUDGETS

   Article 19
   Approval of Category A (opt out) ad hoc projects or programmes and ad hoc budgets associated thereto
   1.   One or more participating Member States or the Chief Executive may submit to the Steering Board an ad hoc project or programme within the Agency’s remit, which shall presume general participation by the participating Member States. The Steering Board shall be informed of the ad hoc budget, if any, to be associated with the proposed project or programme, as well as of potential contributions by third parties.
   2.   All participating Member States shall in principle contribute. They shall inform the Chief Executive of their intentions in this regard.
   3.   The Steering Board shall approve the establishment of the ad hoc project or programme.
   4.   The Steering Board, on a proposal from the Chief Executive or from a participating Member State, may decide to set up a committee to supervise the management and implementation of the ad hoc project or programme. The committee shall be composed of delegates from each of the contributing Member States and, when the Union contributes to the project or programme, a representative of the Commission. The decision of the Steering Board shall specify the committee’s mandate and duration.
   5.   For the ad hoc project or programme, the contributing Member States, meeting within the Steering Board, shall approve:

               (a)

               the rules governing the management of the project or programme;

               (b)

               where appropriate, the ad hoc budget associated with the project or programme, the key for contributions and the necessary implementing rules;

               (c)

               participation of third parties in the committee referred to in paragraph 4. Their participation shall be without prejudice to the Union’s decision-making autonomy.

         6.   Where the Union contributes to an ad hoc project or programme, the Commission shall participate in the decisions referred to in paragraph 5, in full compliance with the decision-making procedures applicable to the general budget of the European Union.
   Article 20
   Approval of Category B (opt in) ad hoc projects, or programmes and ad hoc budgets associated thereto
   1.   One or more participating Member States may inform the Steering Board that they intend to establish an ad hoc project or programme within the Agency’s remit, and where appropriate the ad hoc budget associated with it. The Steering Board shall be informed of the ad hoc budget, if any, to be associated with the proposed project or programme and details, if relevant, on human resources for such project or programme, as well as of potential contributions by third parties.
   2.   In the interest of maximising opportunities for cooperation, all participating Member States shall be informed of the ad hoc project or programme, including the basis upon which participation might be expanded, in a timely manner so that any participating Member State may express an interest in joining. Moreover, the initiator(s) of the project or programme will endeavour to make their membership as wide as possible. Participation will be established on a case-by-case basis by the initiators.
   3.   The ad hoc project or programme shall then be regarded as an Agency project or programme, unless the Steering Board decides otherwise within 1 month of receiving the information referred to in paragraph 1.
   4.   Any participating Member State which, at a later stage, wishes to participate in the ad hoc project or programme shall notify the contributing Member States of its intentions. The contributing Member States, within 2 months of receipt of that notification, shall decide among themselves, having due regard to the basis set out when participating Member States are informed of the project or programme, on the participation of the Member State concerned.
   5.   The contributing Member States shall take the decisions necessary for the establishment and implementation of the ad hoc project or programme and, where appropriate, the budget associated with it. Where the Union contributes to such a project or programme, the Commission shall participate in the decisions referred to in this paragraph in full compliance with the decision-making procedures applicable to the general budget of the European Union. The contributing Member States shall keep the Steering Board informed, as appropriate, of developments relating to such project or programme.
   Article 21
   Contributions from the general budget of the European Union to ad hoc budgets
   Contributions from the general budget of the European Union may be made to the ad hoc budgets established for ad hoc projects or programmes referred to in Articles 19 and 20.
   Article 22
   Participation of third parties
   1.   Third parties may contribute to a particular ad hoc project or programme, established in accordance with Articles 19 or 20, and to the budget associated with it. The Steering Board shall, acting by qualified majority, approve as necessary the ad hoc arrangements between the Agency and third parties for each particular project or programme.
   2.   For projects established under Article 19, the contributing Member States meeting within the Steering Board shall approve all necessary modalities with the relevant third parties relating to their contribution.
   3.   For projects established under Article 20, the contributing Member States shall decide all necessary arrangements with the relevant third parties relating to their contribution.
   4.   Where the Union contributes to an ad hoc project or programme, the Commission shall participate in the decisions referred to in paragraphs 2 and 3.
   CHAPTER V

      RELATIONS WITH THE COMMISSION

   Article 23
   Association with the Agency’s work
   1.   The Commission is a member of the Steering Board without voting rights and shall be fully associated with the work of the Agency.
   2.   The Commission may also participate in projects and programmes of the Agency.
   3.   The Agency shall establish the necessary administrative arrangements and working relations with the Commission, in particular with a view to exchanging expertise and advice in those areas where the activities of the Union have a bearing on the Agency’s mission and where the activities of the Agency are relevant to those of the Union.
   4.   Necessary arrangements to cover a contribution, on a case-by-case basis, from the general budget of the European Union under Articles 15 and 21, shall be established between the Agency and the Commission by mutual agreement, or between the contributing Member States and the Commission by mutual agreement.
   CHAPTER VI

      RELATIONS WITH THIRD COUNTRIES, ORGANISATIONS AND ENTITIES

   Article 24
   Administrative arrangements and other matters
   1.   For the purpose of fulfilling its mission, the Agency may enter into administrative arrangements with third countries, organisations and entities. Such arrangements shall notably cover:

               (a)

               the principle of a relationship between the Agency and the third party;

               (b)

               provisions for consultation on subjects related to the Agency’s work;

               (c)

               security matters.

         In so doing, the Agency shall respect the single institutional framework and the decision-making autonomy of the EU. Each such arrangement shall be concluded by the Steering Board upon approval by the Council acting by unanimity.
   2.   The Agency shall develop close working relations with the relevant elements of OCCAR and with those established under the LoI Framework Agreement, with a view to incorporating those elements or assimilating their principles and practices in due course, as appropriate and by mutual agreement.
   3.   Reciprocal transparency and coherent developments in the field of capabilities shall be ensured by the application of CDM procedures. Other working relations between the Agency and relevant NATO bodies shall be defined through an administrative arrangement referred to in paragraph 1, in full compliance with the established framework of cooperation and consultation between the EU and NATO.
   4.   Within the framework of arrangements referred to in paragraph 1, the Agency shall be entitled to establish working relations with organisations and entities other than those referred to in paragraphs 2 and 3, with a view to facilitating their possible participation in projects and programmes.
   5.   Within the framework of arrangements referred to in paragraph 1, the Agency shall be entitled to establish working relations with third countries, with a view to facilitating their possible participation in specific projects and programmes.
   6.   The former non-EU members of the Western European Armaments Group shall be provided with the fullest possible transparency regarding the Agency’s specific projects and programmes with a view to their participation therein as appropriate. A consultative committee shall be set up for this purpose, and in order to provide a forum for exchanging views and information on matters of common interest falling within the scope of the Agency’s mission. It shall be chaired by the Chief Executive or his/her representative. It shall include a representative of each participating Member State and a representative of the Commission, and representatives of the former non-EU WEAG members in accordance with arrangements to be agreed with them.
   7.   Upon request, other non-EU European NATO members may also participate in the Consultative Committee referred to in paragraph 6, in accordance with arrangements to be agreed with them.
   8.   The Consultative Committee referred to in paragraph 6 may also serve as a forum for dialogue with other third parties on specific matters of mutual interest within the Agency’s remit, and may serve to ensure that they are kept fully informed of developments in matters of common interest and of opportunities for future cooperation.
   CHAPTER VII

      MISCELLANEOUS PROVISIONS

   Article 25
   Privileges and immunities
   Privileges and immunities of the Chief Executive and the Agency’s staff are provided for in the Decision of the representatives of the Governments of the Member States, meeting within the Council, on the privileges and immunities granted to the European Defence Agency and to its staff members, dated 10 November 2004.
   Privileges and immunities of the Agency are provided for in Protocol (No 7) on the privileges and immunities of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
   Article 26
   Review clause
   No later than 14 July 2014, the Head of the Agency shall present a report to the Steering Board on the implementation of this Decision, with a view to its possible review by the Council.
   Article 27
   Legal liability
   1.   The contractual liability of the Agency shall be governed by the law applicable to the contract concerned.
   2.   The Court of Justice of the European Union shall have jurisdiction pursuant to any arbitration clause contained in a contract concluded by the Agency.
   3.   The personal liability of staff towards the Agency shall be governed by the relevant rules applying to the Agency.
   Article 28
   Access to documents
   The rules laid down in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding access to European Parliament, Council and Commission documents (6) shall apply to documents held by the Agency.
   Article 29
   Security
   1.   The Agency shall apply the Council’s security regulations as adopted by Council Decision 2001/264/EC (7).
   2.   The Agency shall ensure appropriate security in its external communications.
   Article 30
   Language Regime
   The language regime of the Agency shall be established by the Council, acting by unanimity.
   Article 31
   Repeal of Joint Action 2004/551/CFSP
   This Decision repeals and replaces Joint Action 2004/551/CFSP on the establishment of the European Defence Agency.
   Article 32
   Entry into force
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 12 July 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI

      (1)  OJ L 245, 17.7.2004, p. 17.

      (2)  Council Decision 2004/676/EC of 24 September 2004 concerning the Staff Regulations of the European Defence Agency (OJ L 310, 7.10.2004, p. 9).

      (3)  Council Decision 2004/677/EC of 24 September 2004 concerning the Rules applicable to national experts and military staff on secondment to the European Defence Agency (OJ L 310, 7.10.2004, p. 64).

      (4)  OJ L 163, 23.6.2007, p. 17.

      (5)  Council Decision 2007/643/CFSP of 18 September 2007 on the financial rules of the European Defence Agency and on the procurement rules and rules on financial contributions from the operational budget of the European Defence Agency (OJ L 269, 12.10.2007, p. 1).

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

      (7)  OJ L 101, 11.4.2001, p. 1.


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31996D0640

96/640/EC: Council Decision of 28 October 1996 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Arab Republic of Egypt modifying the arrangements for imports into the Community of rice originating in and coming from Egypt

Official Journal L 292 , 15/11/1996 P. 0027 - 0028

COUNCIL DECISION of 28 October 1996 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Arab Republic of Egypt modifying the arrangements for imports into the Community of rice originating in and coming from Egypt (96/640/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with the first sentence of Article 228 (2) thereof,Having regard to the proposal from the Commission,Whereas Article 19 of the Cooperation Agreement between the European Economic Community and the Arab Republic of Egypt (1) provides for a reduction in the levy on imports into the Community of rice originating in and coming from that country within the limits of an annual quantity of 32 000 tonnes and on condition that an export levy be collected; whereas the Agreement provides that the Community may modify these arrangements, taking accounts of Egypt's interests, in the event of any change in its rules;Whereas the Community, in the Uruguay Round agreement on agriculture, has undertaken to replace variable levies with customs duties; whereas this necessitates the modification of the Agreement with Egypt;Whereas the Community has to that end negotiated with the Arab Republic of Egypt an Agreement in the form of an Exchange of Letters modifying the arrangements in question;Whereas this Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters between the European Community and the Arab Republic of Egypt modifying the arrangements for imports into the Community of rice originating in and coming from Egypt is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community (2).Article 3 The provisions implementing the Agreement, including any surveillance measures, shall be adopted according to the procedure laid down in Article 27 of Regulation (EEC) No 1418/76 (3).Where the application of the Agreement calls for close cooperation with the Arab Republic of Egypt, the Commission may take all necessary measures to ensure such cooperation.Done at Luxembourg, 28 October 1996.For the CouncilThe PresidentD. SPRING(1) OJ No L 266, 27. 9. 1978, p. 1.(2) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.(3) Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (OJ No L 166, 25. 6. 1976, p. 1). Regulation as last amended by Regulation (EEC) No 3072/95 (OJ No L 329, 30. 12. 1995, p. 18).


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32004D0026(01)

2004/26/: Decision No 26/2004 of the Committee of the Regions of 10 February 2004 relating to the conditions and procedures for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests

Official Journal L 102 , 07/04/2004 P. 0084 - 0086

Decision No 26/2004 of the Committee of the Regionsof 10 February 2004relating to the conditions and procedures for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interestsTHE BUREAU OF THE COMMITTEE OF THE REGIONS,Having regard to Commission Decision 1999/352/EC, ECSC, Euratom, of 28 April 1999, establishing a European Anti-Fraud Office(1),Having regard to Regulation (EC) No. 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office(2),Having regard to the inter-institutional agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning investigations conducted by the European Anti-Fraud Office(3),Whereas Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (hereinafter the Office) provides that the Office is to initiate and conduct administrative investigations within the institutions, bodies, offices and agencies established by or on the basis of the Treaties;Whereas the responsibility of the European Anti-Fraud Office as established by the Commission extends beyond the protection of financial interests to include all activities by the Office relating to the need to safeguard Community interests against irregular conduct liable to give rise to administrative or criminal proceedings;Whereas the scope of the fight against fraud should be broadened by exploiting existing expertise in the area of administrative investigations;Whereas therefore, on the basis of their administrative autonomy, all the institutions, bodies and offices and agencies should entrust to the Office the task of conducting internal administrative investigations with a view to bringing to light serious situations relating to the discharge of professional duties which may constitute a failure to comply with the obligations of officials and servants of the Communities, as referred to in Articles 11, 12, second and third paragraphs, 13, 14, 16 and 17, first paragraph, of the Staff Regulations of the European Communities (hereinafter the Staff Regulations), detrimental to the interests of those Communities and liable to result in disciplinary or, where appropriate, criminal proceedings, or serious misconduct, as referred to in Article 22 of the Staff Regulations, or a failure to comply with the analogous obligations of the members, managers or members of staff of the institutions, bodies, offices and agencies of the Communities not subject to the Staff Regulations;Whereas such investigations should be carried out under appropriate conditions in all the Community institutions, bodies, offices and agencies; whereas assignment of this task to the Office should not affect the responsibilities of the institutions, bodies, offices or agencies themselves and should in no way reduce the legal protection of the persons concerned;Whereas, pending the amendment of the Staff Regulations, practical arrangements should be laid down stipulating how the members of the institutions and bodies, the managers of the offices and agencies and the officials and servants of the institutions, bodies and offices and agencies are to cooperate in the smooth operation of the internal investigations;Whereas Regulation (EC) No 1073/1999 provides in Article 4(6), that each institution, body, office and agency is to adopt a decision, which shall in particular include rules concerning a duty on the part of members, managers, officials and other servants of the institutions, bodies, offices and agencies to cooperate with and supply information to the Office's employees, the procedures to be observed by the Office's employees when conducting internal investigations and guarantees of the rights of persons concerned by an internal investigation;Whereas, however, account should be taken of the fact that unlike the members of the other institutions, the members of the Committee exercise essentially national functions and that, in the exercise thereof they remain subject to national law; whereas, therefore, the application of this Decision should be limited to the professional activities of such persons undertaken in their capacity as members of the Committee;Whereas the Office has no judicial powers and conducts only administrative investigations; whereas such investigations should be conducted in full compliance with the relevant provisions of the Treaties establishing the European Communities, in particular the Protocol on privileges and immunities, the texts implementing them and the Staff Regulations;Whereas, in the long term, the prevention of fraud, corruption and any other illegal activity should be the responsibility of a body that is not an integral part of the administrative structure of the European Commission, but which enjoys the independence necessary for it to carry out its tasks as effectively as possible;Considering Decision No 294/99 of the Bureau of the Committee of the Regions of 17 November 1999, relating to the conditions and procedures for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests,HAS DECIDED AS FOLLOWS:Article 1Duty to cooperate with the OfficeWithout prejudice to the relevant provisions of the Treaties establishing the European Communities, in particular the Protocol on privileges and immunities, the texts implementing them and the provisions of the Staff Regulations, the Secretary-General, the services and any manager, official or servant of the Committee of the Regions (hereinafter the Committee) and the members, shall be required to cooperate with the European Anti-Fraud Office (hereinafter the Office).Article 2Duty to supply informationAny official or servant of the General Secretariat who becomes aware of evidence which gives rise to a presumption of the existence of possible cases of fraud, corruption or any other illegal activity detrimental to the interests of the Communities, or of serious situations relating to the discharge of professional duties which may constitute a failure to comply with the obligations of officials or servants of the Communities liable to result in disciplinary or, in appropriate cases, criminal proceedings, or a failure to comply with the obligations imposed by Community law on Members of the Committee in the context of the duties they perform in that capacity, where that failure is detrimental to the interests of the Communities, shall without delay inform his head of service, his director or the Secretary-General, or, if he considers it useful, the Office direct.The Secretary-General, the directors and the heads of service shall transmit without delay to the Office any evidence of which they are aware from which the existence of irregularities as referred to in the first paragraph may be presumed.Officials or servants of the General Secretariat must in no way suffer inequitable or discriminatory treatment as a result of having communicated the information referred to in the first and second paragraphs.Members of the Committee who acquire knowledge of facts as referred to in the first paragraph shall inform the President of the Committee or, if they consider it useful, the Office direct.Article 3Assistance from the Security OfficeAt the request of the Director of the Office, the Security Office of the Committee shall assist the Office in the practical conduct of investigations.Article 4Informing the interested partyWhere the possible personal implication of a member, manager, official or servant emerges, the interested party shall be informed rapidly provided that this does not jeopardise the investigation. In any event, conclusions referring by name to a member, manager, official or servant of the Committee may not be drawn once the investigation has been completed without the interested party having been enabled to express his views on all the facts which concern him.In cases necessitating the maintenance of absolute secrecy for the purposes of the investigation and requiring the use of investigative procedures falling within the remit of a national judicial authority, compliance with the obligation to invite the member, manager, official or servant of the Committee to give his views may be deferred in agreement with either the president or the Secretary-General.Article 5Information on the closing of the investigation with no further action takenIf, following an internal investigation, no case can be made out against the person against whom allegations have been made, the internal investigation concerning him shall be closed, with no further action taken, by decision of the Director of the Office, who shall inform the interested party in writing.Article 6Waiver of immunityAny request from a national police or judicial authority regarding the waiver of immunity from judicial proceedings of an official or servant of the Committee, concerning possible cases of fraud, corruption or any other illegal activity shall be transmitted to the Director of the Office for his opinion. If a request for a waiver of immunity concerns a member of the Committee, the Office shall be informed.Article 7Final provisionThis Decision cancels Decision No 294/99 of the Bureau of the Committee of the Regions of 17 November 1999, relating to the conditions and procedures for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests.This Decision shall take effect on 1 March 2004.Done at Brussels, 10 February 2004.For the Bureau of the Committee of the RegionsThe PresidentAlbert Bore(1) OJ L 136, 31.5.1999, p. 20.(2) OJ L 136, 31.5.1999, p. 1.(3) OJ L 136, 31.5.1999, p. 15.


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32000D0548

2000/548/EC: Decision of the European Parliament of 6 July 2000 giving discharge to the Commission in respect of the financial management of the sixth, seventh and eighth European Development Funds for the 1998 financial year

Official Journal L 234 , 16/09/2000 P. 0036 - 0036 Official Journal 121 , 24/04/2001 P. 0359 - 0359

Decision of the European Parliamentof 6 July 2000giving discharge to the Commission in respect of the financial management of the sixth, seventh and eighth European Development Funds for the 1998 financial year(2000/548/EC)THE EUROPEAN PARLIAMENT,Having regard to the balance sheets and accounts of the sixth, seventh and eighth EDF for the 1998 financial year [COM(1999)227 - C5-0003/1999],Having regard to the Convention signed in Lomé on 31 October 1979 (sixth EDF, Lomé II)(1),Having regard to the Convention signed in Lomé on 8 December 1984 (seventh EDF, Lomé III)(2),Having regard to the Convention signed in Lomé on 15 December 1989 (eighth EDF, Lomé IV)(3),Having regard to the Convention signed in Mauritius on 4 November 1995 (eighth EDF, Lomé IV bis)(4),Having regard to the Annual report of the Court of Auditors for the 1998 financial year, and the replies of the institutions (C5-0266/1999)(5),Having regad to the recommendation of the Council of 13 March 2000 (C5-0154/2000),Having regard to Article 276 of the EC Treaty,Having regard to Rule 93 and Annex V of its Rules of Procedure,Having regard to the report of the Committee on Budgetary Control (A5-0167/2000),1. Gives the Commission discharge in respect of the implementation of the sixth, seventh and eighth EDF for the 1998 financial year.2. Records its comments in the resolution which forms part of this decision.3. Instructs its President to forward this decision and the resolution containing its comments to the Commission, the Council, the Court of Justice, the Court of Auditors, the European Investment Bank and to each of the other relevant Community bodies and to have them published in the Official Journal of the European Communities (L series).The Segretary GeneralJulian PriestleyThe PresidentNicole Fontaine(1) OJ L 347, 22.12.1980, p. 1.(2) OJ L 86, 31.3.1986, p. 1.(3) OJ L 229, 17.8.1991, p. 1.(4) OJ L 156, 29.5.1998, p. 1.(5) OJ C 349, 3.12.1999, p. 1.


title: Council Decision 2014/137/EU of 14 March 2014 on relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other

text:
               15.3.2014

               EN

               Official Journal of the European Union

               L 76/1

      COUNCIL DECISION 2014/137/EU
   of 14 March 2014
   on relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 203 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Parliament (1),
   Acting in accordance with a special legislative procedure,
   Whereas:

               (1)

               In accordance with the Treaty amending, with regard to Greenland, the Treaties establishing the European Communities (2) (‘the Greenland Treaty’), the Treaty on the Functioning of the European Union (TFEU) no longer applies to Greenland. Rather, Greenland, being a part of a Member State, is associated to the Union as one of the overseas countries and territories (OCTs).

               (2)

               In its preamble, the Greenland Treaty states that arrangements should be introduced which permit close and lasting links between the Union and Greenland to be maintained and mutual interests, notably the development needs of Greenland, to be taken into account, and that the arrangements applicable to OCTs set out in Part Four of the TFEU provide an appropriate framework for those relations.

               (3)

               In accordance with Article 198 TFEU, the purpose of association is to promote the economic and social development of the OCTs and to establish close economic relations between them and the Union as a whole. Pursuant to Article 204 TFEU, the provisions of Articles 198 to 203 TFEU apply to Greenland, subject to the specific provisions set out in Protocol (No 34) on special arrangements for Greenland annexed to the TFEU.

               (4)

               The provisions for the application of the principles laid down in Articles 198 to 202 TFEU are set out in Council Decision 2013/755/EU (3).

               (5)

               In its conclusions of 24 February 2003 on the Mid-term Review of the Fourth Fisheries protocol between the European Community, the Government of Denmark and the Home Rule Government of Greenland, and recognising the geostrategic importance of Greenland to the Union and the spirit of cooperation resulting from the Union’s decision to grant the status of overseas territory to Greenland, the Council agreed that there was a need to broaden and strengthen future relations between the Union and Greenland, taking into account the importance of fisheries and the need for structural and sectoral orientated reforms in Greenland. The Council further expressed its commitment to base the future relationship of the Union with Greenland after 2006 on a comprehensive partnership for sustainable development which would include a specific fisheries agreement, negotiated according to the general rules and principles for such agreements.

               (6)

               The Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland on the other hand (4), concluded by Council Regulation (EC) No 753/2007 (5), recalls the spirit of cooperation resulting from the decision to grant the status of overseas territory to Greenland.

               (7)

               The Joint Declaration of the European Community, on the one hand, and the Home Rule Government of Greenland and the Government of Denmark, on the other, on partnership between the European Community and Greenland, signed in Luxembourg on 27 June 2006, recalled the close historical, political, economic and cultural connections between the Union and Greenland and emphasised the need to strengthen further their partnership and cooperation.

               (8)

               The relations between the Union on the one hand, and Greenland and the Kingdom of Denmark on the other, are governed, inter alia, by Council Decision 2006/526/EC (6), which expired on 31 December 2013.

               (9)

               The Union needs to build comprehensive partnerships with new actors on the international scene in order to promote a stable and inclusive international order, to pursue common global public goals and to defend core Union interests, as well as to increase knowledge of the Union in third countries and OCTs.

               (10)

               The partnership pursuant to this Decision should allow for the continuation of strong relations between the Union on the one hand, and Greenland and Denmark on the other, and should respond to global challenges, allowing for the development of a proactive agenda and the pursuit of mutual interests. The partnership should also be linked to the objectives outlined in the Commission Communication of 3 March 2010 entitled ‘Europe 2020 A strategy for smart, sustainable and inclusive growth’ (the ‘Europe 2020 strategy’), thus providing consistency with the Europe 2020 strategy and the promotion of internal policies and objectives defined in Commission Communications, such as the Commission Communication of 2 February 2011 entitled ‘Tackling the Challenges in Commodity Markets and on Raw Materials’, and facilitating cooperation in the context of the Union's Arctic policy.

               (11)

               Union financial assistance should focus on areas where it has most impact, having regard to its capacity to act on a global scale and to respond to global challenges such as poverty eradication, sustainable and inclusive development or the worldwide promotion of democracy, good governance, human rights and the rule of law, its long-term and predictable engagement in development assistance and its role in coordinating with its Member States.

               (12)

               The partnership pursuant to this Decision should provide for a framework permitting regular discussions on matters of interest for the Union or for Greenland, such as global issues, where an exchange of views, and a possible convergence of ideas and opinions, could be beneficial for both parties. In particular, the increasing impact of climate change on human activity and the environment, maritime transport, natural resources, including raw materials, as well as research and innovation, calls for dialogue and enhanced cooperation.

               (13)

               Union financial assistance, allocated through the partnership, should bring a European perspective to the development of Greenland and should contribute to the strengthening of the close and long lasting ties with it, while strengthening the position of Greenland as an advanced outpost of the Union, based on the common values and history which links the partners.

               (14)

               Union financial assistance for the period 2014-2020 should focus on one, or a maximum of two, areas of cooperation, allowing for the partnership’s impact to be maximised and to further allow for economies of scale, synergy effects, greater effectiveness and visibility of the Union's actions.

               (15)

               The cooperation pursuant to this Decision should ensure that resource flows are accorded on a predictable and regular basis and are flexible and tailored to the situation in Greenland. To this end, budget support should be used wherever feasible and appropriate.

               (16)

               The financial rules applicable to the general budget of the Union are laid down in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in Commission Delegated Regulation (EU) No 1268/2012 (8).

               (17)

               The financial interests of the Union should be protected through proportionate measures throughout the expenditure cycle, including through prevention, detection and investigation of irregularities, recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, penalties. Those measures should be carried out in accordance with the applicable agreements concluded with international organisations and third countries.

               (18)

               The programming documents and financing measures necessary for the implementation of this Decision should be adopted by means of implementing acts in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (9). Given the nature of those implementing acts, in particular their policy orientation nature and their financial implications, the examination procedure should in principle be used for their adoption, except in the case of technical implementing measures of a small financial scale.

               (19)

               Common rules and procedures for the implementation of the Union's instruments for financing external action, laid down in Regulation (EU) No 236/2014 of the European Parliament and of the Council (10), should apply to the implementation of this Decision, as appropriate.

               (20)

               It is appropriate to ensure a smooth transition without interruption between Decision 2006/526/EC and this Decision and to align the period of application of this Decision with that of Council Regulation (EU, Euratom) No 1311/2013 (11). Therefore, this Decision should apply from 1 January 2014 until 31 December 2020,

         HAS ADOPTED THIS DECISION:
   SECTION 1

      GENERAL PROVISIONS

   Article 1
   Subject matter, general objective and scope
   1.   This Decision lays down rules concerning the relations between the Union on the one hand, and Greenland and Denmark on the other (the ‘partnership’).
   2.   The partnership aims to preserve the close and lasting links between the partners, while supporting the sustainable development of Greenland.
   The partnership acknowledges the geostrategic position of Greenland in the Arctic Region, the issues of exploration and exploitation of natural resources, including raw materials, and ensures enhanced cooperation and policy dialogue on those issues.
   Article 2
   General principles of the partnership
   1.   The partnership shall facilitate consultations and policy dialogue on the specific objectives and areas of cooperation referred to in this Decision.
   2.   The partnership shall, in particular, define the framework for policy dialogue on issues of common interest for either partner, providing the basis for broad cooperation and dialogue in areas such as:

               (a)

               global issues concerning, inter alia, energy, climate change and environment, natural resources, including raw materials, maritime transport, research and innovation; and

               (b)

               Arctic issues.

         3.   In implementing this Decision, coherence shall be ensured with other areas of the Union's external action as well as with other relevant Union policies. To this end, measures financed under this Decision shall be programmed on the basis of the Union's cooperation policies set out, inter alia, in agreements, declarations and action plans, and in accordance with the cooperation strategies adopted pursuant to Article 4.
   4.   Cooperation activities shall be decided upon in close consultation between the Government of Greenland, the Government of Denmark and the Commission. Such consultation shall be conducted in full compliance with the respective institutional, legal and financial powers of each of the parties. To this end, the implementation of this Decision shall be managed by the Government of Greenland and the Commission in accordance with the roles and responsibilities of each.
   Article 3
   Specific objectives and main areas of cooperation
   1.   The specific objectives of the partnership are:

               (a)

               to support and to cooperate with Greenland in addressing its major challenges, in particular the sustainable diversification of the economy, the need to increase the skills of its labour force, including scientists, and the need to improve its information systems in the field of Information and Communication Technologies. The achievement of those objectives shall be measured by the percentage of trade balance in GDP, the percentage of the fisheries sector in total exports, and the results of education statistical indicators as well as other indicators deemed suitable;

               (b)

               to contribute to the capacity of the administration of Greenland to formulate and implement national policies, in particular in new areas of mutual interest as identified in the Programming Document for the Sustainable Development referred to in the second subparagraph of Article 4(1). The achievement of that objective shall be measured by indicators, such as the number of administrative staff completing training and the percentage of civil servants that are (long-term) residents in Greenland.

         2.   The main areas of cooperation of the partnership shall include:

               (a)

               education and training, tourism and culture;

               (b)

               natural resources, including raw materials;

               (c)

               energy, climate, environment and biodiversity;

               (d)

               Arctic issues;

               (e)

               the social sector, mobility of the workforce, social protection systems, food safety and food security issues; and

               (f)

               research and innovation in areas such as energy, climate change, disaster resilience, natural resources, including raw materials, and sustainable use of living resources.

         SECTION 2

      PROGRAMMING AND IMPLEMENTATION

   Article 4
   Programming
   1.   Within the framework of the partnership, the Government of Greenland shall assume the responsibility for the formulation and adoption of sector policies in the main areas of cooperation referred to in Article 3(2) and shall provide the adequate follow-up.
   On that basis, the Government of Greenland shall prepare and submit an indicative Programming Document for the Sustainable Development of Greenland (the ‘PDSD’). The PDSD shall provide a coherent framework for the cooperation between the Union and Greenland, that is consistent with the overall purpose and scope, objectives, principles and policies of the Union.
   2.   The preparation and implementation of the PDSD shall comply with the following principles of aid effectiveness: national ownership, partnership, coordination, harmonisation, alignment to national systems, mutual accountability and results orientation.
   3.   The PDSD shall draw on lessons learned and best practices and shall be based on consultations and dialogue with civil society, local authorities and other stakeholders in order to ensure their sufficient involvement and subsequent ownership of the PDSD.
   The PDSD shall be adapted to the needs and shall respond to the specific circumstances of Greenland, including climate change impacts and socio-economic development.
   4.   A draft version of the PDSD shall be the subject of an exchange of views between the Government of Greenland, the Government of Denmark and the Commission.
   The Government of Greenland shall be responsible for finalising the PDSD. Upon finalisation, the Commission shall appraise the PDSD, to determine whether it is consistent with the aims of this Decision and with the relevant Union policies, and whether it contains all the elements required to adopt the annual financing decision. The Government of Greenland shall provide all the necessary information, including the results of any feasibility studies, for that assessment.
   5.   The PDSD shall be approved in accordance with the examination procedure referred to in Article 8(2). That procedure shall also apply to substantial reviews which have the effect of modifying significantly the strategy or its programming.
   The examination procedure shall not apply to non-substantial modifications to the PDSD, such as technical adjustments, reassigning funds within the indicative allocations per priority area, or increasing or decreasing the size of the initial indicative allocation by less than 20 %, provided that those modifications do not affect the priority areas and objectives set out in the PDSD. The Commission shall communicate such non-substantial modifications to the European Parliament and to the Council within one month of the date of adoption of the relevant decision.
   6.   Any programming or review of programmes taking place after the publication of the mid-term review report referred to in Article 7 shall take into account the results, findings and conclusions of that report.
   Article 5
   Implementation
   Unless otherwise specified in this Decision, Union financial assistance shall be implemented in accordance with Regulation (EU) No 236/2014 and with the overall purpose and scope, objectives and general principles of this Decision.
   Article 6
   Procurement
   The rules on nationality and origin for public procurement, grant and other award procedures defined in Articles 8 and 9 of Regulation (EU) No 236/2014, applicable to the Development Cooperation Instrument, as established by Regulation (EU) No 233/2014 of the European Parliament and of the Council (12), shall apply.
   Article 7
   Mid-term review of the PDSD and evaluation of the implementation of this Decision
   1.   By 31 December 2017, the Government of Greenland, the Government of Denmark and the Commission shall undertake a mid-term review of the PDSD and its impact on Greenland as a whole. The Commission shall associate all relevant stakeholders, including non-State actors and local authorities.
   2.   By way of derogation to Article 17 of Regulation (EU) No 236/2014, by 30 June 2018, a report shall be drawn up by the Commission on the achievement of the objectives and the European added value of this Decision, by means of results and impact indicators on the efficiency of the use of resources, with a view to adopting a decision on the renewal, modification or suspension of the types of measures financed under this Decision. The report shall also address the scope for simplification, the internal and external coherence of the cooperation established by this Decision, the continued relevance of all its objectives, as well as the contribution of the measures to the Union priorities of smart, sustainable and inclusive growth. It shall take into account any findings and conclusions on the long-term impact of Decision 2006/526/EC.
   3.   The Commission shall require Greenland to provide all the data and information necessary, in line with the principles of aid effectiveness, to permit the monitoring and evaluation of the measures financed under this Decision.
   Article 8
   Committee
   1.   The Commission shall be assisted by the Greenland Committee (‘the committee’). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
   2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
   3.   Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides, or a simple majority of committee members so requests.
   Article 9
   Scope and method of financing
   1.   Within the framework of the sector policies established by the Government of Greenland, Union financial assistance may be given to the following activities:

               (a)

               reforms and projects that are in line with the PDSD;

               (b)

               institutional development, capacity building and integration of environmental and climate change aspects; and

               (c)

               technical cooperation programmes.

         2.   Union financial assistance shall be provided mainly through budget support.
   Article 10
   Financial reference amount
   The indicative amount for the implementation of this Decision for the period from 2014 to 2020 shall be EUR 217 800 000.
   SECTION 3

      FINAL PROVISION

   Article 11
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2014 until 31 December 2020.

      Done at Brussels, 14 March 2014.

            For the Council

            The President

         M. CHRISOCHOIDIS

      (1)  Opinion of 5 February 2014 (not yet published in the Official Journal).

      (2)  OJ L 29, 1.2.1985, p. 1.

      (3)  Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) (OJ L 344, 19.12.2013, p. 1).

      (4)  OJ L 172, 30.6.2007, p. 4.

      (5)  Council Regulation (EC) No 753/2007 of 28 June 2007 on the conclusion of the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand (OJ L 172, 30.6.2007, p. 1).

      (6)  Council Decision 2006/526/EC of 17 July 2006 on relations between the European Community on the one hand, and Greenland and the Kingdom of Denmark on the other (OJ L 208, 29.7.2006, p. 28).

      (7)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

      (8)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

      (9)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning the mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

      (10)  Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union’s instruments for financing external action (OJ L 77, 15.3.2014, p. 95).

      (11)  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).

      (12)  Regulation (EU) No 233/2014 of the European Parliament and of the Council of 11 March 2014 establishing a financing instrument for development cooperation for the period 2014-2020 (OJ L 77, 15.3.2014, p. 44).


title: Council Decision (EU) 2017/986 of 8 June 2017 extending the term of office of a Deputy Executive Director of Europol

text:
               10.6.2017

               EN

               Official Journal of the European Union

               L 148/46

         COUNCIL DECISION (EU) 2017/986
   of 8 June 2017
   extending the term of office of a Deputy Executive Director of Europol
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (1), and in particular Article 54 paragraphs 3 to 5 thereof,
   Acting as the authority vested with the power to appoint the Executive Director and Deputy Executive Directors of Europol,
   Having regard to the proposal of the Management Board of Europol of 19 May 2017,
   Whereas:

               (1)

               Mr Wilhelmus Martinus VAN GEMERT was appointed as Deputy Executive Director of Europol by Council Act of 11 February 2014 (2). The term of office of Mr Wilhelmus Martinus VAN GEMERT is due to expire on 30 April 2018.

               (2)

               The Deputy Executive Directors of Europol are appointed for a four-year period, extendable once in accordance with Article 54(4) of Regulation (EU) 2016/794.

               (3)

               The decision of the Management Board of Europol of 1 May 2017 sets out the procedure for the extension of the term of office of Deputy Executive Directors of Europol.

               (4)

               The Management Board informed the European Parliament on 10 May 2017 that it intended to propose to the Council that Mr Wilhelmus Martinus VAN GEMERT's term of office be extended.

               (5)

               The Management Board presented the Council with an opinion proposing that the term of office of Deputy Executive Director of Europol, Mr Wilhelmus Martinus VAN GEMERT, be extended and that his grade be reclassified as grade AD 14.

               (6)

               On the basis of the proposal submitted by the Management Board, the Council wishes to extend the term of office of Mr Wilhelmus Martinus VAN GEMERT as Deputy Executive Director of Europol,

         HAS ADOPTED THIS DECISION:
   Article 1
   The term of office of Mr Wilhelmus Martinus VAN GEMERT as Deputy Executive Director of Europol is extended from 1 May 2018 to 30 April 2022 at grade AD 14, step 1.
   Article 2
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 8 June 2017.

            For the Council

            The President

         U. REINSALU

      (1)  OJ L 135, 24.5.2016, p. 53.

      (2)  OJ C 44, 15.2.2014, p. 3.


Avis juridique important

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32003D0841

2003/841/EC: Council Decision of 1 December 2003 on the replacement of members of the European Social Fund Committee

Official Journal L 321 , 06/12/2003 P. 0055 - 0056

Council Decisionof 1 December 2003on the replacement of members of the European Social Fund Committee(2003/841/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 147 thereof,Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds, and in particular Article 49 thereof(1),Having regard to the Council Decision of 8 October 2001 appointing members and alternate members of the Committee referred to in Article 147 of the EC Treaty(2),Having regard to the proposal from the Commission,Whereas:(1) The Council, acting on a proposal from the Commission, by Decision of 8 October 2001 appointed the members and alternate members of the European Social Fund Committee for the period ending 22 October 2004.(2) In the meantime, the seats of various members have become vacant as a result of resignations.(3) Members must be appointed to the European Social Fund Committee for the seats that have become vacant,HAS DECIDED AS FOLLOWS:Article 1The persons whose names appear in the Annex hereto are hereby appointed members of the European Social Fund Committee for the remainder of the term of office, i.e. until 22 October 2004, as indicated.Article 2This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 1 December 2003.For the CouncilThe PresidentR. Maroni(1) OJ L 161, 26.6.1999, p. 1.(2) OJ C 292, 18.10.2001, p. 1.ANNEX>TABLE>