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31988D0615

88/615/EEC: Council Decision of 8 December 1988 concerning the conclusion of a Community-cost concertation Agreement on seven concerted action projects in the field of the environment

Official Journal L 344 , 13/12/1988 P. 0012

COUNCIL DECISION of 8 December 1988 concerning the conclusion of a Community-COST concertation Agreement on seven concerted action projects in the field of the environment (88/615/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission, (1),  Having regard to the opinion of the European Parliament (2),  Whereas, by Decision 86/234/EEC (3) the Council adopted multiannual R& D programmes in the field of the environment (1986 to 1990); whereas, pursuant to Article 6 of that Decision, the Commission has negotiated an Agreement with some third States  involved in European cooperation in the field of scientific and technical research (COST) with a view to associating them wholly or partly with these programmes; whereas this Agreement should be approved by the Community;  Whereas the Treaty does not provide, to that effect, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:    Article 1 The Community-COST concertation Agreement on seven concerted action projects in the field of the environment is hereby approved on behalf of the European Economic Community.  The text of the Agreement is attached hereto.  Article 2 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community.   Done at Brussels, 8 December 1988.  For the Council The President Y. HARALAMBOUS EWG:L000UMBE02.95 FF: 0UEN;   SETUP: 01;   Hoehe: 345 mm;   46 Zeilen;   1730 Zeichen;  Bediener: MARL   Pr.: C;  Kunde: 43158 Montan England 02           (1) OJ No C 41, 13. 2. 1988, p. 4. (2) OJ No C 290, 14. 11. 1988. (3) OJ No L 159, 14. 6. 1986, p. 31.  COMMUNITY-COST CONCERTATION AGREEMENT on seven concerted action projects in the field of the environment   THE EUROPEAN ECONOMIC COMMUNITY,  hereinafter referred to as ´the Community',  THE SIGNATORY STATES TO THIS AGREEMENT,  hereinafter referred to as ´the participating non-member States',  both hereinafter referred to as ´the Contracting Parties',  Whereas European cooperation in the field of the environment is likely to contribute effectively to the protection of the environment and to a more economic use of natural resources;  Whereas a Community-COST concertation Agreement on five concerted action projects in the field of the environment, approved by the Council of the European Communities on 10 December 1984, was concluded between the Community and some COST States and  expired on 31 December 1985;  Whereas the abovementioned concerted action projects have produced very encouraging results;  Whereas, by its Decision of 10 June 1986, the Council of the European Communities adopted multiannual R& D programmes in the field of the environment (1986 to 1990) (1), covering, among others, a programme on protection of the environment which includes  the implementation of concerted action projects;  Whereas the Member States of the Community and the participating non-member States, hereinafter referred to jointly as ´the States', intend, subject to the rules and procedures applicable to their national programmes, to carry out the research described  in Annex A and are prepared to integrate such research into a process of concertation which they consider will be of mutual benefit,  HAVE AGREED AS FOLLOWS:    Article 1 The Contracting Parties shall participate for a period extending until 31 December 1990 in one or more of the following concerted action projects:  1.  Physico-chemical behaviour of atmospheric pollutants (COST 611/2);  2.  Air-pollution effects on terrestrial and aquatic ecosystems (COST 611/2);  3.  Organic micropollutants in the aquatic environment (COST 641/2);  4.  Treatment and use of organic sludges and liquid agricultural wastes (COST 681/2);  5.  Coastal benthic ecology (COST 647/2);  6.  Indoor-air quality and its impact on man (COST 613/1);  7.  Protection of species (COST 691/1).  These projects shall consist in concertation between the Community concerted action projects and the corresponding programmes of the participating non-member States. Research topics covered by this Agreement are listed in Annex A.  The States shall remain entirely responsible for the research carried out by their national institutions or bodies.  Article 2 Concertation between the Contracting Parties shall be effected through concertation committees, one for each project, hereinafter referred to as ´the committees'. The committees shall formally carry the status of ad hoc working parties of the  Management and Coordination Advisory Committee on the Environment and Climatology, set up by Council Decision 84/338/Euratom, ECSC, EEC of 29 June 1984 dealing with structures and procedures for the management and coordination of Community research,  development and demonstration activities (2), hereinafter referred to as the ´CGC'.  The terms of reference and the composition of these committees are defined in Annex B.  Article 3 In order to ensure optimum efficiency in the execution of these concerted action projects, project leaders may be appointed by the Commission of the European Communities, hereinafter referred to as ´the Commission', in agreement with the  committees.  Article 4 The estimated financial contributions by the Contracting Parties to the coordination costs for the period referred to in the first paragraph of Article 1 shall be:  - COST project 611/2:  Ecu 720 000 from the Community,  Ecu  60 000 from each participating non-member State,  - COST project 612/2:  Ecu 720 000 from the Community,  Ecu  60 000 from each participating non-member State,  - COST project 641/2:  Ecu 720 000 from the Community,  Ecu  60 000 from each participating non-member State,  - COST project 681/2:  Ecu 720 000 from the Community,  Ecu  60 000 from each participating non-member State,  - COST project 647/2:  Ecu 720 000 from the Community,  Ecu  60 000 from each participating non-member State,  - COST project 613/1:  Ecu 432 000 from the Community,  Ecu  36 000 from each participating non-member State,  - COST project 691/1:  Ecu 432 000 from the Community,  Ecu  36 000 from each participating non-member State,  The Ecu is that defined by the Council Regulation (EEC) No 3180/78 of 18 December 1978 changing the value of the unit of account used by the European Monetary Cooperation Fund (3), as amended by Regulation (EEC) No 2626/84 (4).  The rules governing the financing of the Agreement are set out in Annex C.  Article 5 1.  The States shall, through the committees, exchange regularly all useful information resulting from the execution of the research covered by the concerted action projects. They shall also endeavour to provide information on similar research  planned or carried out by other bodies. Any information shall be treated as confidential if the State which provides it so requests.  2.  The scientific results of the concerted action projects shall be published by the Commission, except those which are declared to be confidential.  3.  In agreement with the committees, the Commission shall prepare annual activity reports on the basis of the information supplied and shall forward them to the States.  4.  At the end of the concertation period, the Commission shall, in agreement with the committees, forward to the States the general reports on the execution and results of the projects. With the agreement of the committees, these reports may by  published by the Commission.  Article 6 1.  This Agreement shall be open for signature by the Community and by the participating non-member States which took part in the ministerial conference held in Brussels on 22 and 23 November 1971.  2.  As a condition precedent to its participation in the concerted action projects defined in Article 1, each of the Contracting Parties shall, when signing this Agreement, have notified the Secretary-General of the Council of the European Communities  of the concerted action projects in which it intends to participate and, after signing this Agreement, have notified the said Secretary-General of the completion of the procedures necessary under its internal provisions for the implementation of this  Agreement.  3.  For the Contracting Parties which transmit the latter notification provided for in paragraph 2, this Agreement shall come into force on the first day of the month following that in which the Community and at least one of the participating non-member  States transmitted these notifications.  For those Contracting Parties which transmit the notification after the entry into force of this Agreement, it shall come into force on the first day of the second month following the month in which the notification was transmitted.  Contracting Parties which have not transmitted this notification when this Agreement comes into force shall be able to take part in the work of the committees without, however, having the right to vote.  4.  The Secretary-General of the Council of the European Communities shall inform each of the Contracting Parties of the notifications made pursuant to paragraph 2 and of the date of entry into force of the Agreement.  Article 7 This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territories of the  participating non-member States.  Article 8 This Agreement, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each text being equally authentic, shall be deposited in the archives of the General Secretariat of  the Council of the European Communities which shall transmit a certified copy to each of the Contracting Parties.  EWG:L000UMBE03.95 FF: 0UEN;   SETUP: 01;   Hoehe: 949 mm;   188 Zeilen;   8268 Zeichen;  Bediener: MARL   Pr.: C;  Kunde: L 000 EN 03 - 43158               (1) OJ No L 159, 14. 6. 1986, p. 31.(2) OJ No L 177, 4. 7. 1984, p. 25.(3) OJ No L 379, 30. 12. 1978, p. 1. (4) OJ No L 247, 16. 9. 1984, p. 1.   ANNEX A   RESEARCH TOPICS COVERED BY THE AGREEMENT  1.  Physico-chemical behaviour of atmospheric pollutants (COST 611/2) (a) improvement and standardization of analytical methods, especially for nitrogen oxides, hydrocarbons and photochemical oxidants;  (b) elucidation of mechanisms and rate constants of the reactions between atmospheric pollutants and of their reactions with natural constituents of the atmosphere, in particular in the aqueous state, including oxidation and degradation chemistry of  selected atmospheric pollutants in fresh and sea water, reactions with soil constituents, and the investigation of catalytic processes in cloud and rainwater chemistry;  (c) investigation of the physico-chemical processes leading to the formation of particles, characterization of the chemical and physical nature of very fine aerosols, and determination of the chemical composition of aerosols, and determination of the  chemical composition of aerosols;  (d) identification and quantification of sources and sinks of various pollutants, especially for nitrogen oxides;  (e) investigation of phenomena leading to acid deposition with particular emphasis on:  - conversion, transport and deposition (dry and wet) of SO2, NOx and aerosol particles,  - analysis of precipitation chemistry data for acidity trends,  - NOx chemistry in cloud droplets and chemical composition of cloud and rain water,  - dry deposition of NOx and HNO3,  - the role of oxidizing agents such as OH, HO2, H2O2,  - physico-chemical conversion of air pollutants after deposition, considering water bodies and soil,  - analytical techniques for the measurement of ammonia, nitric acid and hydrogen peroxide in both gas and liquid phases at low concentrations,  - analytical methods for the determination of acidity of aerosols;  (f) modelling of atmospheric chemistry related to photochemical pollution and acid deposition; coordination between data-producing teams and mathematicians for the quantification of source-receptor relationships with emphasis on modelling of emissions,  transformation, transport and deposition of precursors and reaction products;  (g) drawing up test protocols which permit the prediction of abiotic degradability of chemicals, in particular for persistent compounds.  2.  Air pollution effects on terrestrial and aquatic ecosystems (COST 612/2) (a) direct effect of air pollutants, (SO2, NOx, HCl, ozone, photochemical oxidants and their atmospheric reaction products) on plants and terrestrial ecosystems;  (b) indirect effects of such air pollutants on plants and terrestrial ecosystems, e.g. via the acidification of soil and the mobilization of phytotoxic elements;  (c) links between the effects of air pollutants and other factors involved in the observed phenomenon of severely damaged terrestrial ecosystems, in particular forests, such as drought, plant diseases, fungi and pests;  (d) effects of air pollutants and their reaction products on crop plants, in particular reduced productivity;  (e) effects of air pollutants and their reaction products on aquatic ecosystems (reduction of the population of fish and other aquatic organisms due to acidification and mobilization of trace elements).  3.  Organic micropollutants in the aquatic environment (COST 641/2) (a) analytical methodologies and data treatment:  - basic analytical techniques, including sampling and sample treatment, gas chromatography, high pressure liquid chromatography, mass spectrometry,  - specific analytical problems, in particular analysis of selected classes of compounds, such as those likely to be regulated by Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (¹), chlorinated paraffins, tensides, optical brighteners, organo-metallic and organo-phosphorus compounds,  - collection and treatment of analytical data;  (b) physical/chemical behaviour of organic micropollutants in the aquatic environment:  - distribution and transport mechanisms,  - structure/activity relationship,  - bio-availability and bio-accumulation;  (c) transformation reactions in the aquatic environment:  - chemical and phototechnical reactions,  - biological transformations;  (d) behaviour and transformation of organic micropollutants in water-treatment processes:  - infiltration,  - waste-water treatment,  - drinking-water treatment (including haloform formation).  4.  Treatment and use of organic sludges and liquid agricultural wastes (COST 681/2) (a) treatment of sludges and agricultural wastes:  - further improvement of conventional treatment methods, mainly with regard to their economic aspects, and of processes for fuel production from sludges and manures,  - study of technologies specifically applicable to small plants and of processes to eliminate heavy metals at their source;  (b) analysis of sludges and residues:  - development and standardization of economic multi-element methods for the analysis of trace elements in sludges, soils and plants, and for the analysis of organic pollutants;  (c) hygienic aspects of treatment and use of sludges:  - elaboration and improvement of methods for the detection and identification of bacteria, viruses and other pathogens, and study of their survival and contamination potential,  - investigations of the efficiency of hygienization processes, definitions of ´indicator organisms';  (d) nuisances:  - odour characterization and emission control;  (e) environmental effects of spreading of sludges and manure:  - long-term field experiments on the accumulation of heavy metals, their availability to crops and on transfer of pollutants via soil to plants, and assessment of various application methods with regard to ground and surface water pollution;  (f) improvement of land-use of sludge and manure:  - long-term field experiments on fertilizing value and soil-improvement properties of sludges and manures,  - improvement of treatment processes and spreading equipment with regard to optimum land use,  - study of the agricultural value of residues from treatment processes,  - use of sludges and derived products for land reclamation and specific crops (e.g. biomass production).  5.  Coastal benthic ecology (COST 647/2) Implementation of ´baseline studies' for selected key species in undisturbed conditions along the Norwegian Sea and Atlantic coast, in the Mediterranean and in the Baltic Sea for the following habitats:  - subtidal sediments,  - intertidal sediments,  (¹) OJ No L 129, 18. 5. 1976, p. 23.  - subtidal rock,  - intertidal rock.  Assessment of the role of - local physical factors,  - biological interactions,  - climatic and hydrographic factors on the population dynamics of selected components of benthic coastal ecosystems.  The programme should gradually evolve into a comprehensive investigation of the dynamics of coastal ecosystems and their modelling.  6.  Indoor-air quality and its impact on man (COST 613/1) Investigation of a variety of indoor pollutants and pollutant classes, in particular NO2, RSP (respirable suspended particulate), formaldehyde, organics, allergens, CO2, SO2, asbestos and other mineral fibres, comprising:  (a) Exposure determination and estimates:  - modelling,  - source strength determinations,  - infiltration and ventilation rate determinations,  - methods of field measurements:  - spot sampling,  - time integrated sampling,  - continuous monitoring,  - personal and population exposure,  - biological monitoring;  (b) health effects measurements:  - controlled human exposure studies,  - design of sequential studies,  - epidemiological studies;  (c) collection of exposure and health effect related data.  7.  Protection of species (COST 691/1) (a) habitat selection by birds and breeding distribution;  (b) passerine migrations;  (c) waterfowl census according to Annex V of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (¹);  (d) requirements of bird species dependent upon threatened habitats (notably coastal and other wetlands, scrubland, etc.);  (e) habitat requirements and biology of endangered species;  (f) collection and compilation of the results of research on bird conservation and on wintering sites in Africa and exploitation of the information already available.  (¹) OJ No L 103, 25. 4. 1979, p. 1.  EWG:L000UMBE04.93 FF: 0UEN;   SETUP: 01;   Hoehe: 762 mm;   135 Zeilen;   8369 Zeichen;  Bediener: MARL   Pr.: A;  Kunde: 43158 Montan England 04            ANNEX B   TERMS OF REFERENCE AND COMPOSITION OF EACH CONCERTATION COMMITTEE  1.  The committee shall:  1.1.  contribute to the optimum execution of the project by giving its opinion on all aspects of its progress;  1.2.  evaluate the results of the project, draw conclusions regarding their application and approve all reports prior to their publication;  1.3.  be responsible for the exchange of information provided for in Article 5 (1) of the Agreement;  1.4.  suggest guidelines to the project leader, if any.  2.  The committee's reports and the opinions shall be communicated to the States.  3.  The committee shall be composed of one delegate from the Comission, as coordinator of the Community concerted action project, two delegates from each participating non-member State, and two delegates from each Community Member State and the project  leader, if any.  4.  The members of each committee shall be nominated by the delegations to the CGC for Community Member States, and by the competent national authorities for the participating non-member States. In designating members, the delegations to the CGC shall  attempt to ensure that for each project one person is a member of both the CGC and the respective committee.  5.  Each committee shall establish its own rules of procedure. The constitution of each committee is valid for the duration of the on-going programme, allowing for continuity between subsequent programmes.  6.  Each committee shall elect its own chairman, with all members being eligible for election.  7.  The secretariat of the committee shall be provided by the Commission.  8.  The CGC shall regularly examine the progress and results of the project. To this end, the chairman of each committee will report to the CGC upon the latter's invitation, and in any case at least once every two years.  EWG:L000UMBE05.95 FF: 0UEN;   SETUP: 01;   Hoehe: 254 mm;   24 Zeilen;   1876 Zeichen;  Bediener: MARL   Pr.: C;  Kunde:    ANNEX C   FINANCING RULES    Article 1 These provisions lay down the financial rules referred to in Article 4 of the Community-COST concertation Agreement.  Article 2 At the beginning of each year, the Commission shall send to each participating non-member State a call for funds corresponding to the number of concerted action projects in which it participates and to its share of the annual coordination  costs under the Agreement, calculated in proportion to the amounts laid down in Article 4 of the Agreement.  This contribution shall be expressed both in Ecu and the currency of the participating non-member State concerned, the value of the Ecu being determined on the date of the call for funds.  The total contributions shall cover the travel and subsistence costs of the delegates to the committee, in addition to the coordination costs proper.  Each participating non-member State shall pay its annual contribution to the coordination costs under the Agreement at the beginning of each year, and by 31 March at the latest. Any delay in the payment of the annual contribution shall give rise to the  payment of interest by the participating non-member State concerned at a rate equal to the highest discount rate ruling in the States on the due date. The rate shall be increased by 0,25 of a percentage point for each month of delay. The increased rate  shall be applied to the entire period of delay. However, such interest shall be chargeable only if payment is effected more than three months after the issue of a call for funds by the Commission.  Article 3 The funds paid by participating non-member States shall be credited to the concerted action projects in which they participate as budget receipts allocated to a heading in the statement of the revenue of the general budget of the European  Communities (Commission section).  Article 4 The provisional timetable for the coordination costs referred to in Article 4 of the Agreement is appended hereto.  Article 5 The Financial Regulation in force applicable to the geneal budget of the European Communities shall apply to the management of the appropriations.  Article 6 At the end of the concerted action projects, a statement of appropriations for each concerted action project shall be prepared and transmitted to the participating non-member States for information.  13. 12. 88 Official Journal of the European Communities EWG:L000UMBE06.94 FF: 0UEN;   SETUP: 01;   Hoehe: 267 mm;   37 Zeilen;   2470 Zeichen;  Bediener: MARL   Pr.: A;  Kunde: ................................   EWG:L000UMBE07.96   10. 12. 1988 ----------  Appendix PROVISIONAL TIMETABLE FOR EACH CONCERTED ACTION PROJECT   1986 1987 1988 1989 1990 CA PA CA PA CA PA CA PA CA PA 1. Initial estimate of overall requirements:  - Staff - - - - - - - - - - - Administrative operating expenditure 144 000 144 000 144 000 144 000 144 000 144 000 144 000 144 000 144 000 144 000 - Contracts - - - - - - - - - - Total 144 000 144 000 144 000 144 000 144 000 144 000 144 000 144 000 144 000 144 000 2. Revised estimate of expenditure taking into account additional requirements arising from the accession of participating non- member States:  - Staff- Administrative operating expenditure 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) - Contracts - - - - - - - - - - New total 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 144 000 + (n × 12 000) 3.  Difference between 1 and 2 to be covered by contributions from participating non-member States (n × 12 000) (n × 12 000) (n × 12 000) (n × 12 000) (n × 12 000) (n × 12 000) (n × 12 000) (n × 12 000) (n × 12 000) (n × 12 000) n = number of participating non-member States.  CA = commitment appropriations.  PA = payment appropriations.  Remark: Concerted action projects 1 to 5 started in 1986, while projects 6 and 7 start in 1988.


title: 2013/79/EU: Council Decision of 12 February 2013 appointing a German member of the Committee of the Regions

text:
               14.2.2013

               EN

               Official Journal of the European Union

               L 43/35

         COUNCIL DECISION
   of 12 February 2013
   appointing a German member of the Committee of the Regions
   (2013/79/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

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

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Eva QUANTE-BRANDT,

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

               —

               Ms Ulrike HILLER, Staatsrätin, Mitglied des Senats der Freien Hansestadt Bremen.

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

      Done at Brussels, 12 February 2013.

            For the Council

            The President

         M. NOONAN

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

      (2)  OJ L 12, 19.1.2010, p. 11.


title: 2009/235/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/251

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the budget of the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2006
   (2009/235/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Commission report on the follow-up to the 2005 discharge decisions (COM(2007) 538 and its annex SEC(2007) 1185),
   having regard to the financial statements and revenue and expenditure accounts for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2006 (COM(2007) 458 — C6-0118/2007) (1),
   having regard to the report on the financial management of the Sixth, Seventh, Eighth and Ninth European Development Funds for the year 2006 (COM(2007) 240),
   having regard to the Court of Auditors' annual report on the activities funded by the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2006, together with the Commission's replies (2),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
   having regard to the Council's recommendations of 12 February 2008 (16744/2007 — C6-0078/2008, 16745/2007 — C6-0079/2008, 16746/2007 — C6-0080/2008, 16748/2007 — C6-0081/2008),
   having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (4) and revised in Luxembourg on 25 June 2005 (5),
   having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (‘Overseas Association Decision’) (6), amended by Council Decision 2007/249/EC of 19 March 2007 (7),
   having regard to Article 33 of the Internal Agreement of 20 December 1995, between the representatives of the governments of the Member States meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (8),
   having regard to Article 32 of the Internal Agreement of 18 September 2000, between representatives of the governments of the Member States meeting within the Council, on the financing and administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000, and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (9),
   having regard to Article 276 of the EC Treaty,
   having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (10),
   having regard to Article 119 of the Financial Regulation of 27 March 2003 applicable to the Ninth European Development Fund (11),
   having regard to Rules 70 and 71, third indent, of, and Annex V to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A6-0106/2008),

               1.

               Grants the Commission discharge in respect of the implementation of the budget of the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2006;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors and the European Investment Bank, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 260, 31.10.2007, p. 1.

      (2)  OJ C 259, 31.10.2007, p. 1.

      (3)  OJ C 260, 31.10.2007, p. 258.

      (4)  OJ L 317, 15.12.2000, p. 3.

      (5)  OJ L 287, 28.10.2005, p. 4.

      (6)  OJ L 314, 30.11.2001, p. 1 and OJ L 324, 7.12.2001, p. 1.

      (7)  OJ L 109, 26.4.2007, p. 33.

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

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

      (10)  OJ L 191, 7.7.1998, p. 53.

      (11)  OJ L 83, 1.4.2003, p. 1.
    ---documentbreak---

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/253

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year
   THE EUROPEAN PARLIAMENT,
   having regard to the Commission report on the follow-up to the 2005 discharge decisions (COM(2007) 538 and its annex SEC(2007) 1185),
   having regard to the financial statements and revenue and expenditure accounts for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2006 (COM(2007) 458 — C6-0118/2007) (1),
   having regard to the report on the financial management of the Sixth, Seventh, Eighth and Ninth European Development Funds for the year 2006 (COM(2007) 240),
   having regard to the Court of Auditors' annual report on the activities funded by the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2006, together with the Commission's replies (2),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
   having regard to the Council's recommendations of 12 February 2008 (16744/2007 — C6-0078/2008, 16745/2007 — C6-0079/2008, 16746/2007 — C6-0080/2008, 16748/2007 — C6-0081/2008),
   having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (4) and revised in Luxembourg on 25 June 2005 (5),
   having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (‘Overseas Association Decision’) (6), amended by Council Decision 2007/249/EC of 19 March 2007 (7),
   having regard to Article 33 of the Internal Agreement of 20 December 1995, between the representatives of the governments of the Member States meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (8),
   having regard to Article 32 of the Internal Agreement of 18 September 2000, between representatives of the governments of the Member States meeting within the Council, on the financing and administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000, and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (9),
   having regard to Article 276 of the EC Treaty,
   having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (10),
   having regard to Article 119 of the Financial Regulation of 27 March 2003 applicable to the Ninth European Development Fund (11),
   having regard to Rules 70 and 71, third indent, of, and Annex V to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A6-0106/2008),

               A.

               whereas the European Development Fund (EDF) is the European Union's most important financial instrument for development cooperation with the African, Caribbean and Pacific States,

               B.

               whereas the total amount of aid channelled through the EDF will increase considerably over the coming years, as the amount of aid under the 10th EDF for the period 2008 to 2013 has been set at EUR 22 682 million, compared to EUR 13 800 million under the Ninth EDF for the period 2000 to 2007,

               C.

               whereas, despite Parliament's repeated request that the EDF be budgetised, the EDFs currently do not fall under the general budget of the European Union and the general Financial Regulation, but are implemented according to specific financial rules,

         The statement of assurance
   Accounts are reliable

               1.

               Notes that, with the exception of problems relating to the following, the European Court of Auditors (ECA) is of the opinion that the accounts reliably reflect the revenue and expenditure relating to the Sixth, Seventh, Eighth and Ninth EDFs:

                           (a)

                           the validity of the assumptions used for the estimate of the provision for invoices to be received has not been demonstrated by the Commission;

                           (b)

                           there is an overstatement of the amount of guarantees disclosed in the notes to the financial statements;

         Underlying transactions are legal and regular with one exception

               2.

               Notes that, except for errors affecting underlying transactions authorised by delegations, the ECA is of the opinion that the transactions underlying the revenue, allocations, commitments and payments for the financial year are, taken as a whole, legal and regular;

               3.

               Notes the ECA's statement that its audit of payments authorised by delegations revealed a material incidence of errors; notes that the Commission disagrees with the ECA's finding; notes that the Commission suggests applying a different methodology for calculating the error rate and that it considers the level of error not to be materially significant;

               4.

               Observes that, however, the ECA and the Commission do agree that most of the errors detected are due to inadequate controls carried out by project supervisors or by auditors who do not form part of the delegations' staff, but have contracts with the Commission;

               5.

               Welcomes the fact that, with regard to audit firms carrying out audits of external aid operations, the EuropeAid Cooperation Office (EuropeAid) has adopted standard terms of reference in order to improve the quality of those audits; notes that delegations have been obliged to use these standard terms of reference since 1 October 2007; invites the ECA to assess, in forthcoming annual reports, if this new tool improves the quality of audits;

               6.

               Notes that a new standard contract and terms of reference for expenditure verifications by beneficiaries entered into force on 1 February 2006 and that these cover tendering procedures; intends to monitor the application of these procedures to assess whether they reduce the level of errors discovered by the ECA for 2006;

         Ensuring correct accounts despite delayed modernisation of the accounting system

               7.

               Recalls that, for the second year, the Commission had to prepare the accounts of the EDFs by using accruals based accounting principles; recalls that, with regard to the financial year 2005, the ECA and Parliament had expressed concerns as the current accounting system did not deliver full accounting information and, consequently, some data had to be adjusted manually; regrets that the problem persisted in the financial year 2006;

               8.

               Notes that the modernisation of the IT system implies a migration of the EDF-specific IT system (OLAS) to the Commission's central IT system (ABAC) and EuropeAid's local system (CRIS); observes that the modernisation had originally been scheduled for 2006, but was delayed and is now scheduled to be completed by the end of 2008; notes that the Director-General of EuropeAid recently informed the Committee on Budgetary Control about the current state of play;

               9.

               Notes that the Director-General of DG Budget, in the annual activity report of DG Budget for 2006, withdrew a reservation made in the previous annual activity report with regard to the unavailability of the new IT system, although the new IT system was still not implemented in 2006;

               10.

               Requests the Commission to specify the shortcomings of the current system and the measures it takes to compensate them in the forthcoming discharge exercises for the financial years 2007 and 2008;

               11.

               Expects the new IT system to be operational in time for the start of the financial year 2009; requests the Commission to inform Parliament's Committee on Budgetary Control in the event of further delays;

         Simplifying the management of the EDFs

               12.

               Recalls that, in its previous discharge resolutions, Parliament had strongly supported the integration of the EDF in the general budget of the European Union, since this would remove many of the complications and difficulties of implementing successive EDFs, help speed up disbursement and eliminate the current democratic deficit; regrets that the EDF was not budgetised under the financial framework 2007 to 2013, but remained a separate financial instrument; considers that the budgetisation of the EDF should be a priority objective for the financial framework after 2013;

               13.

               Welcomes the Commission's intention to reopen the debate on EDF budgetisation concurrently with the mid-term review of the 10th EDF; stresses that budgetisation would greatly favour the democratic control and accountability of the EDF; stresses that integrating the EDF in the general budget of the European Union is also an appropriate way of addressing the recurrent problems linked to the slow and cumbersome nature of the intergovernmental ratification process;

               14.

               Takes the view that the Commission and the Council should do their utmost to simplify the management of the EDF; considers that simplification should be achieved by closing previous EDFs as early as possible and by simplifying the financial rules applicable to successive EDFs; recalls that simplification of the management of EU funds forms part of the key objectives set out in the Commission's Action Plan towards an Integrated Internal Control Framework (COM(2006) 9);

               15.

               Notes that the Sixth EDF was closed in 2006, and that the Commission plans to close the Seventh EDF in 2008; notes that, with the start of the 10th EDF in 2008, the Commission will continue to implement four EDFs simultaneously; requests the Commission to prioritise the closure of the Seventh, Eighth and Ninth EDFs;

               16.

               Observes that there are specific financial rules for each EDF, and that these rules differ from the rules for implementing external aid from the general budget; notes that this situation obliges Commission staff responsible for external aid implementation to consider five different sets of financial rules; notes that Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (12) aims at harmonising the financial rules applicable to the different EDFs to a great extent;

               17.

               Notes the ECA's statement, in its Opinion No 9/2007 on the proposal for a Council Regulation on a Financial Regulation applicable to the 10th European Development Fund (13), that the Commission successfully transposed the recasting of the general Financial Regulation in the context of the EDF; is satisfied with the ECA's finding that Regulation (EC) No 215/2008 ‘provides clear and straightforward legislation concentrating on the provisions that are essential and necessary for the implementation of the EDF’;

               18.

               Calls on the ACP countries to speed up the ratification of the legal bases for the 10th EDF in order to avoid delays which could affect the continuity of EDF-funded activities;

               19.

               Strongly supports the ECA's suggestion, as repeated in several opinions, to introduce a single financial regulation applicable to all present and future EDFs; agrees with the ECA that a measure of this type would ensure continuity of approach and would greatly simplify management; calls on the Commission to come forward with a legislative proposal;

         Enhancing Parliament's oversight as regards EDF funds managed by the European Investment Bank

               20.

               Recalls that, in previous discharge resolutions, Parliament had highlighted the fact that it has insufficient oversight with regard to the part of the EDF funds managed by the European Investment Bank (EIB), as these funds are neither covered by the ECA's statement of assurance nor by Parliament's discharge procedure;

               21.

               Notes that the EIB manages the investment facility, a risk-bearing instrument funded from the EDF, aimed at fostering private investment in the difficult economic and political context of the ACP countries; notes that, under the Ninth EDF, EUR 2 037 million were allocated to the investment facility for the ACP countries; notes that, with the additional capital endowment of EUR 1 100 million from the 10th EDF, the total amount of EDF funds allocated to the investment facility for the ACP countries is EUR 3 137 million;

               22.

               Notes that the ECA, in its abovementioned Opinion No 9/2007, as in previous opinions, regretted that the operations managed by the EIB are not subject to the discharge procedure, although the EIB uses EDF resources, which are contributed by European taxpayers, not by the financial markets;

               23.

               Fails to understand why the governments of the Member States, in the internal agreement for the 10th EDF for the period 2008 to 2013, have not followed up on the ECA's and Parliament's concerns and have continued to exclude operations managed by the EIB from the formal discharge procedure;

               24.

               Welcomes the fact that the EIB is willing to improve cooperation with Parliament during the discharge procedure on an informal basis; suggests that, for the forthcoming discharge procedure, EIB representatives be invited to present the EIB's annual report on the implementation of the investment facility to Parliament's Committee on Budgetary Control;

         Deadlines

               25.

               Welcomes the fact that, under Regulation (EC) No 215/2008, the deadlines for the transmission of the ECA's annual report to the discharge authority and for Parliament's discharge decision are aligned with the corresponding dates in the general Financial Regulation;

         Following up on the 2005 discharge resolution

               26.

               Welcomes the Commission's clear answer to the rapporteur's questionnaire that the Member of the Commission responsible for Development Cooperation, Louis Michel, bears full political responsibility for the Commission's implementation of the EDF;

               27.

               Invites the ECA to audit the Commission's management of EDF funds, with particular emphasis on the distribution of responsibilities within the Commission Directorates-General forming part of the ‘RELEX family’;

               28.

               Notes that, in its financial management report, the Commission indicated that its objective for 2006 was to keep overall outstanding commitments stable at EUR 10 300 million, and that this objective has been achieved; notes that this means that 25 % of total funds committed remain unspent; urges the Commission to further reduce outstanding commitments, especially old and dormant commitments;

               29.

               Congratulates the Commission on reducing the level of reste à liquider (RAL) dating from pre-2001 EDF commitments by 49 % in 2006; requests that it receive regular updates on changes in levels of normal and abnormal RAL; calls on the Commission to draw up, for Parliament and for the ACP-EU Joint Parliamentary Assembly, a three-monthly statement on the disbursement of funds;

               30.

               Notes that, according to the Cotonou Agreement, budget support shall only be granted to a beneficiary country where public expenditure is sufficiently transparent, accountable and effective; notes that the ECA has some doubts about the Commission's ‘dynamic interpretation’ of these criteria; notes the ECA's finding that ‘there is a tendency for the Commission to rely upon indicators which seek to predict future progress when making disbursement decisions’;

               31.

               Understands that the Commission, in a difficult environment like the ACP countries, needs some margin of manoeuvre for its decisions; welcomes the Commission's positive response to the ECA's recommendation to make the parameters for its ‘dynamic interpretation’ more explicit;

               32.

               Notes that in 2006, 68 % of EDF budget support was delivered in the form of sector budget support, which is more targeted than general budget support and therefore leads to lower risks; questions the Commission's ‘dynamic interpretation’ of the eligibility criteria for budget support, which the ECA has said increases risk; believes that budget support should only be undertaken in countries that already meet a minimum standard of credible public finance management;

               33.

               Recalls that, if external aid is granted through budget support, the funds become part of the national budget of the beneficiary countries, which means that the Commission's and the ECA's control powers are limited; reiterates that, in these cases, it is particularly important that the Commission cooperate with national authorities in the beneficiary countries which carry out control tasks;

               34.

               Recalls that Parliament and the ECA have repeatedly requested that the Commission should improve its cooperation with national supreme audit institutions in budget support recipient countries; notes the ECA's statement, in its annual report, that relations between the Commission and the supreme audit institutions in beneficiary countries have improved recently; requests the Commission to continue its efforts to develop a structured approach in its relations with national audit institutions;

               35.

               Welcomes the Commission's initiative to develop a structured approach to support national supreme audit institutions in countries receiving budget support; notes however that democratic accountability at the level of partner countries cannot be achieved without also strengthening parliamentary budget control bodies, as recommended by the ECA in its Special Report No 2/2005 (14);

               36.

               Invites the Commission to improve transparency and access to documentation relating to budget support actions, particularly by establishing agreements with beneficiary country governments analogous to the Financial and Administrative Framework Agreement between the European Community and the United Nations (FAFA) setting out the framework for managing the financial contributions made by the Commission to the UN;

               37.

               Notes with interest that the Commission, in particular the European Antifraud Office and EuropeAid, in cooperation with the EIB, has initiated a series of conferences in beneficiary countries in order to improve cooperation in practice with national authorities concerned with the correct use of public funds, for example inspectors and prosecutors; notes that the first conference was held in Rabat in May 2007, followed by a second conference in Brazzaville in November 2007 and a third in Cape Town in April 2008;

               38.

               Notes that, following the first conferences, cooperation with some national authorities has already been intensified on the basis of specific cooperation agreements between them and the Commission; invites the Commission to provide further information on these activities to Parliament;

               39.

               Congratulates the Commission on its initiative to improve reporting on the effects of development policy interventions towards achieving the millennium development goals (MDGs); trusts that this will make a real contribution to improving accountability in this area; looks forward to receiving details of the evaluation of the pilot phase introduced in 2007;

               40.

               Draws attention to the benchmark, agreed by the Commission, that 20 % of geographical funding under the development cooperation instrument should be allocated to basic and secondary education and basic health; looks forward to receiving details of the implementation of the benchmark in 2007; insists that reporting against the same benchmark be provided for the EDF;

               41.

               Notes with satisfaction that the Commission followed up on Parliament's request to provide more information in its financial management report on resource constraints and their impact on EDF implementation; notes that the Commission indicates that, within these constraints, it made sound financial management and quality its top priorities; is however worried that the Commission continues to report high vacancy rates in some delegations and low levels of staffing relative to the amounts managed;

               42.

               Notes that, under Regulation (EC) No 215/2008, the Council, following a proposal from the Commission, will undertake an overall performance review of the 10th EDF in 2010; notes that, in this review, financial performance and qualitative performance, in particular results and impact, measures in terms of progress towards achieving the MDGs, will be assessed; requests that the discharge authority be informed about the results of the performance review;

               43.

               Notes that the ECA, in its annual report, reiterated its recommendation that EuropeAid should develop a coherent overall strategy for its control activities; notes that, following the adoption in January 2006 of the Commission's abovementioned action plan towards an integrated internal control framework, which covers all policy areas, EuropeAid has been working on a strategy which would be coherent with the Commission's general approach, but would also take account of the specific management methods for implementation of external aid;

               44.

               Welcomes the fact that the ECA, in its annual report for the financial year 2006, as in its previous annual reports, made detailed recommendations on how the Commission could improve its control strategy; notes that the ECA highlights the positive response given by the Commission to its recommendations; invites the ECA and the Commission to continue their close cooperation in this respect;

               45.

               Notes the criticisms of Commission technical assistance projects made by the ECA in its Special Report No 6/2007 (15); notes further that the Commission will address these questions in its Strategy to meet EU aid effectiveness targets on technical cooperation and project implementation units, due by June 2008; looks forward to receiving, in due course, an assessment of the results of the implementation of this strategy;

               46.

               Welcomes the measures taken by the Commission to promote donor coordination in the area of technical assistance; stresses the importance of a coordinated approach, not only at EU level but also among all donors, and looks forward to receiving details of the progress of this initiative.

      (1)  OJ C 260, 31.10.2007, p. 1.

      (2)  OJ C 259, 31.10.2007, p. 1.

      (3)  OJ C 260, 31.10.2007, p. 258.

      (4)  OJ L 317, 15.12.2000, p. 3.

      (5)  OJ L 287, 28.10.2005, p. 4.

      (6)  OJ L 314, 30.11.2001, p. 1 and OJ L 324, 7.12.2001, p. 1.

      (7)  OJ L 109, 26.4.2007, p. 33.

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

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

      (10)  OJ L 191, 7.7.1998, p. 53.

      (11)  OJ L 83, 1.4.2003, p. 1.

      (12)  OJ L 78, 19.3.2008, p. 1.

      (13)  OJ C 23, 28.1.2008, p. 3.

      (14)  OJ C 249, 7.10.2005, p. 1.

      (15)  OJ C 312, 21.12.2007, p. 3.


Avis juridique important

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31990D0416

90/416/EEC: Council Decision of 23 April 1990 concerning the conclusion of the Protocol for the Accession of Costa Rica to the General Agreement on Tariffs and Trade

Official Journal L 219 , 14/08/1990 P. 0058 - 0058 Finnish special edition: Chapter 11 Volume 16 P. 0070  Swedish special edition: Chapter 11 Volume 16 P. 0070

*****COUNCIL  DECISION  of 23 April 1990  concerning the conclusion of the Protocol for the Accession of Costa Rica to the General Agreement on Tariffs and Trade  (90/416/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Whereas Costa Rica entered into negotiations with the Community and the other Contracting Parties to the General Agreement on Tariffs and Trade (GATT) with a view to its accession to the said Agreement;  Whereas the results of these negotiations are acceptable to the Community,  HAS DECIDED AS FOLLOWS:  Article 1  The Protocol for the Accession of Costa Rica to the General Agreement on Tariffs and Trade is hereby approved on behalf of the European Economic Community.  The text of the Protocol is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Protocol in order to bind the Community.  Done at Luxembourg, 23 April 1990.  For the Council  The President  A. REYNOLDS