title: Decision (EU) 2015/1691 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/356

      DECISION (EU) 2015/1691 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2013, together with the Agency's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 208 thereof,

                  —

                  having regard to Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (5), and in particular Article 30 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6),

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in particular Article 108 thereof,

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0094/2015),

         1.

            Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 308.

         (2)  See footnote 1.

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

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

         (5)  OJ L 349, 25.11.2004, p. 1.

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

         (7)  OJ L 328, 7.12.2013, p. 42.


Avis juridique important

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31991D0615

91/615/EEC: Council Decision of 28 October 1991 concerning the conclusion of an Agreement between the European Economic Community and the Kingdom of Sweden establishing cooperation in the field of education and training within the framework of the Erasmus programme

Official Journal L 332 , 03/12/1991 P. 0041 - 0041

COUNCIL DECISION of 28 October 1991 concerning the conclusion of an Agreement between the European  Economic Community and the Kingdom of Sweden establishing cooperation in the field of education and  training within the framework of the Erasmus programme (91/615/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 87/327/EEC (3) as amended by Decision 89/663/EEC (4), the Council adopted the  European Community Action Scheme for the Mobility of University Students (Erasmus); Whereas on 5 November 1990, the Council authorized the Commission to negotiate with the EFTA  countries and Liechtenstein, in accordance with specific negotiating Directives, bilateral  agreements having as their objective cooperation in the field of education and training within the  framework of the Erasmus programme; Whereas a Cooperation Agreement between the European Economic Community and the Kingdom of Sweden  by its nature enriches the impact of the Erasmus programme so as to develop inter-university  cooperation and to strengthen the skill levels of human resources in Europe, HAS DECIDED AS FOLLOWS: Article 1 The Agreement between the European Economic Community and the Kingdom of Sweden establishing  cooperation in the field of education and training within the framework of the Erasmus programme 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 shall give the notification provided for in Article 13 of the  Agreement (5). Done at Luxembourg, 28 October 1991. For the Council The President J. M. M. RITZEN (1) OJ N° C 127, 17. 5. 1991, p. 3. (2) Opinion delivered on 24 October 1991 (not yet published in the Official Journal). (3) OJ N° L 166, 25. 6. 1987, p. 20. (4) OJ N° L 395, 30. 12. 1989, p. 23. (5) See page 71 of this Official Journal.


Avis juridique important

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32000D0082

2000/0082/CFSP: Council Decision of 1 February 2000 implementing Common Position 1999/691/CFSP on support to democratic forces in the Federal Republic of Yugoslavia (FRY)

Official Journal L 026 , 02/02/2000 P. 0001 - 0001

COUNCIL DECISIONof 1 February 2000implementing Common Position 1999/691/CFSP on support to democratic forces in the Federal Republic of Yugoslavia (FRY)(2000/82/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Common Position 1999/691/GFSP, adopted by the Council on 22 October 1999, on support to democratic forces in the Federal Republic of Yugoslavia (FRY)(1), and in particular Article 1, in conjunction with Article 23(2) of the Treaty on European Union,Whereas:(1) In its conclusions of 24 January 2000 the Council, in the framework of its support to democratic forces in the FRY, called for the extension of the "Energy for Democracy" initiative, as suggested by Serbian opposition forces after the Berlin trilateral meeting of 17 December 1999;(2) It is necessary to take a decision on the municipalities to which such initiative will be extended;(3) Subsequent expeditious action by the Community is needed in order to implement the measure cited below,HAS DECIDED AS FOLLOWS:Article 1Within the framework of the support to democratisation in the FRY stated in Article 1 of Council Common Position 1999/691/CFSP, the supply, sale or export of petroleum and petroleum products will be authorised to the following Serbian municipalities: Sombor, Subotica, Kragujevac, Kralievo, Novi Sad.Article 2This Decision shall take effect on the date of its adoption.Article 3This Decision shall be published in the Official Journal.Done at Brussels, 1 February 2000.For the CouncilThe PresidentJ. GAMA(1) OJ L 273, 23.10.1999, p. 1.


title: Political and Security Committee Decision BiH/13/2008 of 29 July 2008 amending Decision BiH/1/2004 on the acceptance of third States’ contributions to the European Union military operation in Bosnia and Herzegovina and Decision BiH/3/2004 on the setting-up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina

text:
               4.9.2008

               EN

               Official Journal of the European Union

               L 237/90

      POLITICAL AND SECURITY COMMITTEE DECISION BiH/13/2008
   of 29 July 2008
   amending Decision BiH/1/2004 on the acceptance of third States’ contributions to the European Union military operation in Bosnia and Herzegovina and Decision BiH/3/2004 on the setting-up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina
   (2008/712/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 25 thereof,
   Whereas:

               (1)

               The Political and Security Committee adopted Decision BiH/1/2004 (1) on 21 September 2004 and Decision BiH/3/2004 (2) on 29 September 2004.

               (2)

               Following the invitation of Honduras, Guatemala, El Salvador and the Dominican Republic to participate in operation ALTHEA, the President of the Superior Council for the Central American Armed Forces Conference in his letter of 2 April 2008 forwarded an offer of contribution on behalf of these four States.

               (3)

               Following recommendations on their contributions by the EU Operation Commander and the European Union Military Committee, the contributions from Honduras, Guatemala, El Salvador and the Dominican Republic should be accepted.

               (4)

               Following the withdrawal of the contributions from Canada, Morocco, New Zealand and Norway and following the accession of Bulgaria and Romania to the European Union, the annexes to Decisions BiH/1/2004 and BiH/3/2004 need to be further revised.

               (5)

               In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications. Therefore, Denmark does not participate in the financing of the operation.

               (6)

               The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Annex to Decision BiH/1/2004 shall be replaced by the following:

         ‘ANNEX
         LIST OF THIRD STATES REFERRED TO IN ARTICLE 1

                     —

                     Albania,

                     —

                     Argentina,

                     —

                     Chile,

                     —

                     Dominican Republic,

                     —

                     El Salvador,

                     —

                     former Yugoslav Republic of Macedonia,

                     —

                     Guatemala,

                     —

                     Honduras,

                     —

                     Switzerland,

                     —

                     Turkey’.

   Article 2
   The Annex to Decision BiH/3/2004 shall be replaced by the following:

         ‘ANNEX
         LIST OF THIRD STATES REFERRED TO IN ARTICLE 3(1)

                     —

                     Albania,

                     —

                     Argentina,

                     —

                     Chile,

                     —

                     Dominican Republic,

                     —

                     El Salvador,

                     —

                     former Yugoslav Republic of Macedonia,

                     —

                     Guatemala,

                     —

                     Honduras,

                     —

                     Switzerland,

                     —

                     Turkey’.

   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 29 July 2008.

            For the Political and Security Committee

            The Chairperson

         C. ROGER

      (1)  OJ L 324, 27.10.2004, p. 20.

      (2)  OJ L 325, 28.10.2004, p. 64.


title: Commission Decision of 26 October 2015 recognising the Department of Environment, Government of Nunavut in accordance with Article 3 of Commission Implementing Regulation (EU) 2015/1850 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products

text:
               27.10.2015

               EN

               Official Journal of the European Union

               C 355/4

         COMMISSION DECISION
   of 26 October 2015
   recognising the Department of Environment, Government of Nunavut in accordance with Article 3 of Commission Implementing Regulation (EU) 2015/1850 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products
   (2015/C 355/04)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Implementing Regulation (EU) 2015/1850 of 13 October 2015 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products (1), and in particular Article 3(1) thereof,
   Whereas:

               (1)

               Commission Regulation (EU) No 737/2010 (2) sets out the conditions under which seal products resulting from hunts by Inuit or other indigenous communities and seal products from marine resources management may be placed on the Union market.

               (2)

               Any placing on the market of such products has to be accompanied by a document from a recognised body attesting that the conditions set out in Regulation (EU) No 737/2010 have been met.

               (3)

               On 30 July 2015 the Commission adopted a Decision (3) recognising the Department of Environment, Government of Nunavut in accordance with Article 6 of Regulation (EU) No 737/2010.

               (4)

               Regulation (EU) 2015/1775 of the European Parliament and of the Council (4) amended Article 3 of Regulation (EC) No 1007/2009 of the European Parliament and of the Council (5), which sets out the conditions under which seal products resulting from hunts by Inuit or other indigenous communities may be placed on the Union market.

               (5)

               Regulation (EU) 2015/1775 repealed Regulation (EU) No 737/2010 with effect from the date of application of Implementing Regulation (EU) 2015/1850.

               (6)

               On 12 October 2015 the Commission received a request accompanied by documentary evidence, from the Department of Environment, Government of Nunavut, dated 9 October, to be re-authorised as a recognised body in light of the amendments to Article 3 of Regulation (EC) No 1007/2009.

               (7)

               The Commission, having carried out an assessment of the accompanying documentary evidence submitted to determine whether the requirements for recognising bodies under Implementing Regulation (EU) 2015/1850 in light of the amendments to Article 3 of Regulation (EC) No 1007/2009 have been met, is satisfied that the Department of Environment, Government of Nunavut fulfils the requirements under Article 3(1)(b) and (e) of Implementing Regulation (EU) 2015/1850.

               (8)

               The Department of Environment, Government of Nunavut should therefore be granted the requested recognition,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Department of Environment, Government of Nunavut is recognised in accordance with Article 3 of Implementing Regulation (EU) 2015/1850.
   Article 2
   The Director-General of the Directorate-General for Environment is instructed to ensure that the applicant is notified of this Decision and that the content of this Decision is published on the Commission’s website without delay.

      Done at Brussels, 26 October 2015.

            For the Commission

            Member of the Commission

         Karmenu VELLA

      (1)  OJ L 271, 16.10.2015, p. 1.

      (2)  Commission Regulation (EU) No 737/2010 of 10 August 2010 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 of the European Parliament and of the Council on trade in seal products (OJ L 216, 17.8.2010, p. 1).

      (3)  http://ec.europa.eu/environment/biodiversity/animal_welfare/seals/pdf/c_2015_5253_en.pdf

      (4)  Regulation (EU) 2015/1775 of the European Parliament and of the Council of 6 October 2015 amending Regulation (EC) No 1007/2009 on trade in seal products and repealing Commission Regulation (EU) No 737/2010 (OJ L 262, 7.10.2015, p. 1).

      (5)  Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OJ L 286, 31.10.2009, p. 36).


Avis juridique important

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41987D0352

87/352/ECSC: Decision of the representatives of the Governments of the Member States, meeting within the Council of 25 June 1987 extending the term of validity of a zero-duty tariff quota for laser-irradiated, grain-oriented electrical sheet and plate

Official Journal L 192 , 11/07/1987 P. 0041 - 0041

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL  of 25 June 1987  extending the term of validity of a zero-duty tariff quota for laser-irradiated, grain-oriented electrical sheet and plate  (87/352/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  HAVE DECIDED AS FOLLOWS:  Sole Article  In the sole Article of the Decision of the Representatives of the Governments of the Member States, meeting within the Council, of 2 March 1987, on the opening of a zero-duty tariff quota in respect of 1 500 tonnes of laser-irradiated, grain-oriented electrical sheet and plate for the Federal Republic of Germany, 30 June 1987 shall be replaced by 31 December 1987.  Done at Luxembourg, 25 June 1987.  The President  H. DE CROO


Important legal notice

|

31990Y0412(03)

Decision No 141 of 17 October 1989 amending Decision No 127 of 17 October 1985 concerning the compilation of the lists provided for in Articles 94 (4) and 95 (4) of Council Regulation (EEC) No 574/72 of 21 March 1972

Official Journal C 094 , 12/04/1990 P. 0005 - 0006

		DECISION No 141of 17 October 1989amending Decision No 127 of 17 October 1985 concerning the compilation of the lists provided for in Articles 94 (4) and 95 (4) of Council Regulation (EEC) No 574/72 of 21 March 1972(90/C 94/05)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons, and members of their families moving within the Community, under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Article 36 (2) of the aforementioned Regulation (EEC) No 1408/71,Having regard to Articles 17 (1) to (4), 29 (1) to (3), 94 (4) and (5), 95 (4) and (5) and 102 (2) of Regulation (EEC) No 574/72,Having regard to Decision No 127 of 17 October 1985 [1],Whereas the benefits in kind provided to the members of the family of an employed or self-employed person who are resident in the same territory of another Member State than the employed or self-employed person shall give rise to the refund of a single lump sum per family (Article 94 of Regulation (EEC) No 574/72); whereas the same benefits provided to the same persons would give rise to the refund of as many lump sums per pensioner and family (Article 95 of Regulation (EEC) No 574/72) as there are members of the family when they become individually entitled, pursuant to some legislations, to a survivor's pension;Whereas the family as a group does not change in the abovementioned cases; whereas it should be taken into account as a unit both for the compilation of the lists and for the calculation of average costs and the refund of lump sums to be made pursuant to Article 95 of Regulation (EEC) No 574/72,HAS DECIDED AS FOLLOWS:Article 1The lists provided for in Articles 94 (4) and 95 (4) of Regulation (EEC) No 574/72 shall be drawn up according to the following rules:I. List provided for in Article 94 (4)Families of employed or self-employed persons1. For the purposes of applying paragraphs 1 to 4 of Article 17 of Regulation (EEC) No 574/72 the following procedure shall be laid down:At the request of the employed or self-employed person the competent institution, after completing Part A of Form E 109, shall forward two copies to the person concerned, who shall pass them on to the members of his family. The latter must submit the two copies to the sickness insurance institution of the place of their residence when registering for the granting of benefits in kind.If the members of the family do not submit the said certificate, the institution of the place of residence shall contact the competent institution by means of Form E 107; in such a case, the latter institution shall send the certificate in duplicate to the institution of the place of residence.After completing Part B the institution of the place of residence of the members of the family shall send a copy to the sickness insurance institution with which the employed or self-employed person is insured.2. The lump sums shall be calculated from the date on which entitlement to benefits in kind is acquired under the legislation of the competent State, unless the members of the family are still entitled to receive benefits in kind in the country of residence under the Regulations. In the latter case, the lump sums shall be calculated from the date on which such entitlement ends. The institution of the place of residence shall take account of this provision when it indicates the date from which the lump sums are calculated at item 9.10 of Form E 109.3. The competent institution shall inform the institution of the place of residence of the withdrawal of entitlement to benefits in kind by sending two copies of Form E 108. The institution of the place of residence shall return one of these copies to the competent institution.4. The institution of the place of residence shall keep the list up to date by taking as a basis the particulars supplied by the competent institutions concerning acquisition of entitlement (Form E 109) and concerning the suspension or withdrawal of entitlement to benefits (Form E 108 or, as regards France, Form E 109) to be submitted annually.5. Where the members of the family of the employed or self-employed person transfer their place of residence to another Member State paragraph 1 above shall again be applied.6. For the purposes of calculating lump sum payments, the period during which the persons concerned may claim benefits shall be counted in months.The number of months shall be obtained by counting as a whole month the calendar month which contains the day from which the calculation of the lump sums has been made.The calendar month during which entitlement has ceased shall not be counted unless it is a complete month.If the period is less than one month it shall be counted as a month.7. Where the members of an employed or self-employed person's family are living in several countries of residence other than the country in which the person concerned is employed and if the right to benefit has been acquired in each country of residence, a lump sum should be calculated for each country.8. The lump sums shall be calculated on the basis of the figures obtained from the documents referred to in paragraph 4 above.II. List provided for in Article 95 (4)Pensioners and their families1. The list shall be drawn up by using Form E 121 intended for the application of Article 29 (1) to (3) of Regulation (EEC) No 574/72 and Form E 108 relating to the suspension or withdrawal of entitlement to benefits.2. The date from which the calculation of the lump sums is made shall be:(a) the date of receipt of Form E 121 by the institution of the place of residence. This date shall be indicated at item 8.12 of the form and shall constitute the date on which Form E 120 ceases to have effect;(b) the date on which entitlement to benefits in kind is acquired under the legislation of the competent country, where no Form E 120 has been issued; this date shall be indicated at item 5.3 of Form E 121;(c) the date of the transfer of residence, where it is later than the date referred to under (a) or (b) above and where no Form E 111 has been issued;(d) the date following the end of the period of entitlement as attested by Form E 111.If pensioners or members of their families are still entitled to benefits under the legislation of their country of residence, the lump sum shall be calculated from the date on which such entitlement ends.3. The provisions relating to the keeping of the list provided for in Article 94 (4) of Regulation (EEC) No 574/72, which are the subject of paragraphs 3 to 8 of Part I above, shall apply by analogy.4. For the calculation of the lump sums and the compilation of the lists pursuant to Article 95 of Regulation (EEC) No 574/72, all persons receiving a survivor's pension in respect of the same insured person who reside in the territory of a Member State shall be considered as a unit.5. Where the persons receiving a survivor's pension in respect of the same insured person reside in different Member States, a lump sum shall be taken into account for each Member State of residence.Article 2For the purposes of applying Article 102 (2) of Regulation (EEC) No 574/72 the institutions of the place of residence shall send every year to the institutions and bodies of their country designated in Annex 10 of Regulation (EEC) No 574/72 the individual statements of monthly lumps-sum payments (Form E 127) drawn up on the basis of the lists provided for in Articles 94 and 95 of Regulation (EEC) No 574/72.The designated institutions and bodies of the country of residence shall send the aforementioned statements to the designated institutions and bodies of the competent country.The E 127 forms shall indicate the number of monthly lump-sum payments due in respect of a single year for each family of an employed or self-employed person or for each pensioner.Article 3This Decision shall be published in the Official Journal of the European Communities.It replaces Decision No 127 of 17 October 1985.It shall be applicable from 1 January 1987.The Chairmanof the AdministrativeCommissionM. MOUSSEAU[1] (1) OJ No C 141, 7. 6. 1986.--------------------------------------------------


title: Commission Decision of 19 October 2015 setting up the Counterfeit Coin Experts Group on the Commission's policy and Regulations regarding the protection of euro coins against counterfeiting

text:
               20.10.2015

               EN

               Official Journal of the European Union

               C 347/4

         COMMISSION DECISION
   of 19 October 2015
   setting up the Counterfeit Coin Experts Group on the Commission's policy and Regulations regarding the protection of euro coins against counterfeiting
   (2015/C 347/05)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Commission Decision (EU) 2015/512 (1) provides that the Directorate-General for Economic and Financial Affairs (‘the Directorate-General’) is responsible for the tasks related to the preparation of legislative and regulatory initiatives of the Commission with the objective of the protection of the euro against counterfeiting, and of support in that area through training and technical assistance. With a view to coordinate the necessary actions to protect the euro coins against counterfeiting the Commission needs to call upon the expertise of specialists in an advisory body (2).

               (2)

               It is therefore necessary to set up a group of experts in the field of the protection of euro coins against counterfeiting and to define its tasks and its structure.

               (3)

               The group should assist the Commission in the preparation of legislation or in policy definition and to provide expertise when preparing implementing measures with regard to the protection of euro coins against counterfeiting. The group should also establish cooperation between the public authorities involved in the protection of the euro against counterfeiting.

               (4)

               The group should be composed of experts of Member States' authorities, the European Central Bank (‘ECB’) and of Europol.

               (5)

               Rules on disclosure of information by members of the group should be laid down.

               (6)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 (3) of the European Parliament and of the Council. It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The Commission's Counterfeit Coin Experts Group (hereinafter CCEG), is hereby set up.
   Article 2
   Task
   The tasks of the CCEG shall be:

               (a)

               to assist the Commission in the preparation of legislative proposals or delegated acts or policy initiatives for the protection of euro coins against counterfeiting;

               (b)

               to establish cooperation between the Heads of the Coin National Analysis Centres (‘CNACs’) established in accordance with Article 5(1) of Council Regulation (EC) No 1338/2001 (4), the Commission, the European Technical Scientific Centre (‘ETSC’) (5), the European Central Bank (‘ECB’) and Europol in matters relating to policy initiatives and actions aimed at an efficient anti-counterfeiting strategy;

               (c)

               to provide advice and expertise to the Commission for implementing Union legislation, programmes and policies, in particular with regards to Regulation (EU) No 1210/2010 of the European Parliament and of the Council (6);

               (d)

               to exchange experience and establish good practices for the protection of euro coins against counterfeiting;

               (e)

               to raise awareness among the public authorities involved in the protection of the euro against counterfeiting for upcoming threats and to monitor implementation of effective repressive measures for an anti-counterfeiting policy strategy;

               (f)

               to promote training initiatives for the protection of the euro coins against counterfeiting;

               (g)

               to promote and develop studies or technical support in facilitating counterfeiting detection activities;

               (h)

               to discuss issues relating to the technical specifications of counterfeit euro coins and the security features for the protection of euro coins against counterfeiting.

         Article 3
   Consultation
   The Commission may consult the CCEG on any matter relating to the protection of euro coins against counterfeiting.
   Article 4
   Membership — Appointment
   1.   Members shall be Member States' CNACs, ECB and Europol.
   2.   Members shall inform the Commission of their appointed representatives and substitutes.
   3.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   The competent Commission service shall appoint the Chairperson of the group.
   2.   In agreement with the competent Commission service, the CCEG may set up sub-groups to examine specific questions on the basis of terms of reference defined by the group.
   3.   The Commission's representative may invite experts from outside the CCEG with specific competence in a subject on the agenda to participate in the work of the group or sub-group on an ad hoc basis. In addition, the Commission's representative may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups (7) and candidate countries.
   4.   Members of the CCEG and their representatives, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in Commission Decisions (EU, Euratom) 2015/443 (8) and (EU, Euratom) 2015/444 (9). Should they fail to respect these obligations, the Commission may take all appropriate measures.
   5.   The meetings of the CCEG shall be held on Commission premises with the exception of the meetings of sub-groups which may be held outside the Commission premises. The Commission shall provide secretarial services.
   6.   The CCEG shall adopt its rules of procedure on the basis of the standard rules of procedure for expert groups.
   7.   The Commission shall publish all relevant documents on the activities carried out by CCEG including agendas, minutes and participants' submissions either by including them in the Register of Commission expert groups and other similar entities or via a link from that Register to a dedicated website containing those documents. The relevant documents shall not be published where disclosure of a document would undermine the protection of a public or private interest pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (10).
   Article 6
   Meeting expenses
   1.   Participants in the activities of the CCEG and of its sub-groups shall not be remunerated for the services they render.
   2.   Travel expenses incurred by participants in the activities of the CCEG shall be reimbursed by the Commission in accordance with the provisions in force within the Commission. Travel and subsistence expenses shall be reimbursed, in the same manner, for the members of the sub-groups.
   3.   The expenses referred to in paragraph 2 shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Applicability
   This Decision shall apply as from the date of its adoption until 31 December 2025.

      Done at Brussels, 19 October 2015.

            For the Commission

         Pierre MOSCOVICI

            Member of the Commission

      (1)  Commission Decision (EU) 2015/512 of 25 March 2015, amending Decision 1999/352/EC, ECSC, Euratom establishing the European Anti-fraud Office (OJ L 81, 26.3.2015, p. 4).

      (2)  Pursuant to Article 4 of the Commission Decision 2005/37/EC of 29 October 2004 establishing the European Technical and Scientific Centre (ETSC), the Commission is required to coordinate the necessary actions to protect euro coins against counterfeiting through periodic meetings of counterfeit coin experts (OJ L 19, 21.1.2005, p. 73).

      (3)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (4)  Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181, 4.7.2001, p. 6).

      (5)  Council Decision 2003/861/EC of 8 December 2003 concerning analysis and cooperation with regard to counterfeit euro coins (OJ L 325, 12.12.2003, p. 44).

      (6)  Regulation (EU) No 1210/2010 of the European Parliament and of the Council of 15 December 2010 concerning authentication of euro coins and handling of euro coins unfit for circulation (OJ L 339, 22.12.2010, p. 1).

      (7)  C(2010) 7649 final.

      (8)  Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

      (9)  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

      (10)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 45).


title: 2011/594/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/201

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work for the financial year 2009
   (2011/594/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Agency for Safety and Health at Work for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (3), and in particular Article 14 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0104/2011),

               1.

               Grants the Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Agency for Safety and Health at Work, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 46.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 216, 20.8.1994, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.
    ---documentbreak---

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/202

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Agency for Safety and Health at Work for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (3), and in particular Article 14 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0104/2011),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 5 May 2010 Parliament granted the Director of the European Agency for Safety and Health at Work discharge for implementation of the Agency’s budget for the financial year 2008 (5), and in its resolution accompanying the discharge decision drew attention, inter alia, to the fact that:

                           —

                           the Agency carried forward EUR 3 400 000 (44 % of its operating appropriations) of which approximately EUR 1 000 000 concerned commitments which were entirely related to 2009,

                           —

                           the Court of Auditors identified an irregularity with respect to a procurement procedure (use of a framework contract beyond its maximum value),

               C.

               whereas the Agency’s budget for 2009 was EUR 15 100 000, which is an increase of 0,6 % from its budget of 2008,

      Performance

               1.

               Calls once more on the Agency to set out, in a table to be annexed to the Court of Auditors’ next report, a comparison of the operations that were carried out during the year for which discharge is to be granted and during the previous financial year so as to enable the discharge authority to assess more effectively the Agency’s performance from one year to the next;

               2.

               Welcomes the Agency’s initiative of launching ‘foresight’ on the safety and health impact of technological innovations in ‘green jobs’ by 2020; notes also that data were collected on safety and health of women at work;

      Governance of the Agency

               3.

               Finds the Agency’s governance costs to be 1,35 % of the budget, as it has an 84-member Governing Board and employs 64 staff (figures for the 2008 financial year); recalls that this reflects Regulation (EC) No 2062/94 by which it was founded which strives to achieve a tripartite presence by including social partners in the Governing Board; notes that the practical, everyday business of the Agency is run by the 11-member Bureau, appointed by the Governing Board;

      Carry-over appropriations

               4.

               Is concerned that the Court of Auditors reported once again in 2009 carry forwards of EUR 3 500 000 (47 % of the commitments made) in respect of the operational activities (Title III) to the budgetary year 2010; stresses that this situation indicates delays in the implementation of the Agency’s activities and is at odds with the budgetary principle of annuality; recognises that this is caused partly because of the multiannuality of important projects; acknowledges, nevertheless, that the Agency, in early 2010, established a monthly reporting mechanism to monitor the implementation of the activities envisaged in its annual work programme and the corresponding budgetary aspects;

               5.

               Calls on the Agency to reduce the increased cancellation rate and inform the discharge authority of the actions taken; welcomes the Agency’s promise to pay particular attention to the commitments still open at year-end with a view to decommitting the amounts not needed in covering the subsequent financial and legal obligations;

      Internal audit

               6.

               Welcomes the Agency’s initiative of providing the discharge authority with the Internal Audit Service (IAS)’s Annual Internal Audit Report on the Agency; considers this to be an indication of transparency and an example of best practice to be followed by all other agencies;

               7.

               Congratulates the Agency on its considerable progress in this respect; acknowledges that all ‘very important’ recommendations issued by the IAS to the Agency were adequately implemented and closed, except the recommendation on validation of accounting systems, which was downgraded to ‘important’ as a result of its partial implementation; calls, accordingly, on the accounting officer of the Agency to describe the methodology used in the validation of its accounting system; supports the idea of developing cooperation within the existing Inter-Agency Accountants Network in order to come up with common requirements and develop a common methodology for validation of the accounting systems in agencies;

               8.

               Encourages the Agency to revise the checklists to match the specificities of different financial transactions and to make them available to all staff;

               9.

               Calls, in addition, on the Agency to finalise/update its documentation procedures; calls, in particular, on the Agency to produce an exhaustive list of the main processes to be matched with required procedures, and for this list to be systematically updated;

      Role of coordinator of the network of agencies

               10.

               Commends the Agency on its effective work as coordinator of the network of agencies during the 2009 discharge procedure;

               11.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 338, 14.12.2010, p. 46.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 216, 20.8.1994, p. 1.

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

      (5)  OJ L 252, 25.9.2010, p. 187.

      (6)  Texts adopted, P7_TA(2011)0163 (See page 269 of this Official Journal).


Avis juridique important

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32001D0510

2001/510/EC: Council Decision of 25 June 2001 concluding consultations with Côte d'Ivoire under Article 96 of the ACP-EC Partnership Agreement

Official Journal L 183 , 06/07/2001 P. 0038 - 0041

Council Decisionof 25 June 2001concluding consultations with Côte d'Ivoire under Article 96 of the ACP-EC Partnership Agreement(2001/510/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the ACP-EC Partnership Agreement signed at Cotonou (Benin) on 23 June 2000 as already put into anticipated application by Decision 1/2000 of the ACP-EC Council of Ministers(1),Having regard to the internal agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement, as put into provisional application by Decision of the representatives of the Governments of the Member States, meeting within the Council, of 18 September 2000,(2) and, in particular, Article 3 thereof,Having regard to the proposal from the Commission,Whereas:(1) The essential elements cited in Article 9 of the ACP-EC Partnership Agreement have been violated by the lack of openness of the presidential and legislative elections held respectively in October and December 2000, and by the acts of violence carried out against civilians throughout the period of democratic transition. In addition, the Ivorian authorities have failed to fulfil the undertakings they gave as part of the consultations, held under Article 366a of the Agreement amending the fourth ACP-EC Convention of Lomé, signed in Mauritius on 4 November 1995(3), between January and June 2000.(2) Pursuant to Article 96 of the ACP-EC Partnership Agreement, consultations were held on 15 February 2001 with Côte d'Ivoire, at which the Ivorian authorities gave specific undertakings so as to remedy the problems set out by the European Union.(3) Since then, an intensive dialogue has been conducted between the European Union and the Government of Côte d'Ivoire and a number of practical measures have been taken in order to implement the above undertakings. Nevertheless, certain measures have still not been adequately implemented in practice,HAS DECIDED AS FOLLOWS:Article 1Consultations with Côte d'Ivoire pursuant to Article 96 of the ACP-EC Partnership Agreement are hereby concluded.Article 2The measures specified in the attached draft letter are hereby adopted as appropriate measures within the meaning of Article 96(2)(c) of the ACP-EC Partnership Agreement.Article 3This Decision shall take effect on the date of its adoption and shall expire on 30 June 2002.This Decision shall be published in the Official Journal of the European Communities.Done at Luxembourg, 25 June 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 317, 15.12.2000, p. 1.(2) OJ L 317, 15.12.2000, p. 375.(3) OJ L 156, 29.5.1998, p. 1.ANNEXDRAFT LETTER TO THE PRIME MINISTER AND MINISTER FOR PLANNING OF DEVELOPMENTBrussels, ...H. E. Mr Pascal AFFI N'GUESSANPrime Minister and Minister for Planning of DevelopmentAbidjan Côte d'Ivoire Dear Prime Minister,The European Union places great importance on the provisions of Article 9 of the Cotonou Agreement. The ACP-EU partnership is founded on respect for human rights, democratic principles and the rule of law; these are essential elements of the above agreement, and thus form the basis for relations between us.In this spirit, the European Union has followed closely the democratic transition in Côte d'Ivoire, especially with regard to the undertakings given by the Ivorian authorities as part of the February 2000 consultation process under Article 366a of the Lomé IVa Convention. In this respect, we are particularly concerned by the lack of openness in the Presidential and legislative elections of October and December 2000, as well as by the acts of violence which have been carried out during this period.In this context, on 22 January 2001 the Council of the European Union decided to invite Côte d'Ivoire to open consultations, with a view to examining in depth both the situation and the ways in which it might be remedied.These consultations took place in Brussels on 15 February 2001. Several fundamental questions were addressed, and you were able to present the Ivorian authorities' point of view and their analysis of the situation. The European Union took note of your commitment:- to ensure that the political system is opened to all shades of opinion, in particular by guaranteeing that the local elections are open to all political parties, and by ensuring the independence and neutrality of judicial bodies,- to make the "national reconciliation committee" an active and efficient structure for dealing with the country's recent inter-community problems, which has the necessary operational resources, and whose recommendations are systematically followed up by the government,- to give priority to a full and transparent investigation into the atrocities committed during the transitional period, including under the military regime,- to guarantee the neutrality of the armed forces and their respect for human rights,- to guarantee the independence and neutrality of the judiciary, notably in the appointment of the principal judicial authorities,- to guarantee freedom of expression, and in particular freedom of the press,- to publicly condemn expressions of xenophobia and adapt administrative procedures relating to citizenship and residence issues, in order to improve the situation of foreign residents of Côte d'Ivoire in this regard,- to resume talks with all political parties.It was also agreed that an intensive dialogue would be held in Abidjan over a period of three months on the various points raised, and that the situation would be assessed at the end of this period.This process of regular and intensive dialogue in Abidjan is now completed. It focused on a series of measures which you yourself proposed could be implemented in order to fulfil the undertakings you had given.This dialogue made clear that, in general terms, the process of opening up the political process to all shades of opinion and all communities is under way. A number of significant measures have been taken by the Ivorian authorities. In particular, we welcome that:- local elections were held which were open to all political parties and in which they participated,- a dialogue was launched including all political parties,- a national debate was initiated on national reconciliation and on the operating resources to be made available to the National Reconciliation Committee. A national forum on reconciliation is planned for mid-July 2001,- legal proceedings were launched concerning some major cases of human rights violations in the wake of the presidential election (October 2000) and concerning the persons arbitrarily imprisoned in the wake of the parliamentary elections in December 2000,- a national identification office was established and began work,- unauthorised permanent roadblocks set up by the police have been considerably reduced in number,- all political parties have been granted free access to the State-run media.These initiatives are a clear indication that a process is under way which should restore social and political stability to the country. However, the following points continue to give cause for concern and require continued monitoring:- political initiatives to promote national reconciliation are still eagerly awaited, in particular from the national forum,- the dialogue including all political parties which has been launched needs to be maintained,- the appointment, in compliance with the principles of independence and neutrality, of the judges who will sit in the Ivorian high courts when they are set up, is still awaited,- investigations and legal proceedings concerning the acts of violence carried out during the year 2000 and in particular around the October and December 2000 polls must be launched and/or accelerated in a systematic manner, taking account of the recommendations of the reports of the international investigations, inter alia the UN enquiry, which have been assisted by the government of Côte d'Ivoire,- the commitment to publicly condemn expressions of xenophobia and to adapt administrative procedures relating to citizenship and residence issues, in order to improve the situation of foreign residents of Côte d'Ivoire and the public commitment of President Gbagbo in this regard still need to be backed up by additional practical measures and confirmed by an official policy statement, in particular regarding intolerance of xenophobic actions and new administrative procedures.The undertakings given on 15 February should lead in due course to greater political stability, in particular by opening up the political process to all shades of opinion and all resident communities. While it would appear that this process has begun in certain areas, practical measures are still needed to ensure that it becomes an integral part of Ivorian political, economic and social life.In the light of these undertakings, and the present assessment of their implementation, the Council of the European Union is prepared to conclude the consultations under Article 96 of the ACP-EC Partnership Agreement. Given that significant measures have already been taken, although some are still to be implemented, the Council has decided to resume cooperation gradually, by adopting the following measures as appropriate steps within the meaning of Article 96(2)(c) of the ACP-EC Partnership Agreement.(i) With the conclusion of the consultations, cooperation may resume. The initial disbursements will focus on social themes, institutional support and the private sector. Support for measures implemented by the authorities in fulfilment of their undertakings may be considered. You will be notified of the allocation of resources under the ninth EDF, and preparations for the use of resources covered by the Commission Decisions of 24 July and 27 December 2000 concerning Stabex transfers for the 1998 and 1999 years of application will be launched.(ii) The situation will be reviewed in September 2001. Once new and substantial progress has been made towards fulfilling undertakings, over and above that already achieved, aid will be rolled out progressively and new measures may be adopted under Stabex 1999.(iii) Following a further review of the situation in January 2002, establishing that the undertakings have been fulfilled, full cooperation will be resumed. Among other things, this will include an agreement on cooperation strategy within the framework of the 9th EDF, together with a structural adjustment facility connected to a poverty reduction strategy paper (PRSP).A total sum of up to EUR 400 million of EDF funds could be committed over the coming three to four years.Progress towards improving public management systems, in particular to bring them into line with the Memorandum of Understanding signed with Côte d'Ivoire on 7 September 1999, must go hand in hand with the implementation of cooperation policy.The European Union will continue to follow the situation closely and monitor progress made with the process of national reconciliation. We are eager that focused and intensive dialogue with the Ivorian authorities should continue.Yours faithfully,For the Commission...For the Council...


title: Commission Decision of 2 July 2014 updating Annex A to the Monetary Agreement between the European Union and the Principality of Monaco

text:
               5.7.2014

               EN

               Official Journal of the European Union

               C 211/3

         COMMISSION DECISION
   of 2 July 2014
   updating Annex A to the Monetary Agreement between the European Union and the Principality of Monaco
   (2014/C 211/04)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Monetary Agreement of 29 November 2011 between the European Union and the Principality of Monaco, and in particular Article 11(3) thereof,
   Whereas:

               (1)

               Article 11(2) of the Monetary Agreement between the European Union and the Principality of Monaco (hereinafter ‘the Monetary Agreement’) requires the Principality of Monaco to apply the same rules as those established in the French Republic for the purposes of transposing European legal acts concerning the activities and prudential regulation of credit institutions and the prevention of systemic risks to payment and securities settlement systems contained in Annex A.

               (2)

               The update of the Annex A is made according to Article 11(3) of the Monetary Agreement which foresees that Annex A needs to be updated by the Commission upon amendment of any relevant texts and also each time a new text is adopted by the European Union.

               (3)

               Fourteen legal acts concerning the activities and prudential regulation of credit institutions and the prevention of systemic risks to payment and securities settlement systems have been recently adopted and should, therefore, be added to the Annex:

                           1.

                           Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC; however, the provisions of Title V of Directive 2013/36/EU should not be added to the Annex because the principles of freedom of establishment and freedom to provide services do not apply to the Principality of Monaco;

                           2.

                           Directive 2011/89/EU of the European Parliament and of the Council of 16 November 2011 amending Directives 98/78/EC, 2002/87/EC, 2006/48/EC and 2009/138/EC as regards the supplementary supervision of financial entities in a financial conglomerate;

                           3.

                           Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012;

                           4.

                           Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories;

                           5.

                           Commission Delegated Regulation (EU) No 1003/2013 of 12 July 2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to fees charged by the European Securities and Markets Authority to trade repositories;

                           6.

                           Commission Delegated Regulation (EU) No 148/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories;

                           7.

                           Commission Delegated Regulation (EU) No 149/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on indirect clearing arrangements, the clearing obligation, the public register, access to a trading venue, non-financial counterparties, and risk mitigation techniques for OTC derivatives contracts not cleared by a CCP;

                           8.

                           Commission Delegated Regulation (EU) No 150/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards specifying the details of the application for registration as a trade repository;

                           9.

                           Commission Delegated Regulation (EU) No 151/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories, with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data;

                           10.

                           Commission Delegated Regulation (EU) No 152/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on capital requirements for central counterparties;

                           11.

                           Commission Delegated Regulation (EU) No 153/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on requirements for central counterparties;

                           12.

                           Commission Implementing Regulation (EU) No 1247/2012 of 19 December 2012 laying down implementing technical standards with regard to the format and frequency of trade reports to trade repositories according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories;

                           13.

                           Commission Implementing Regulation (EU) No 1248/2012 of 19 December 2012 laying down implementing technical standards with regard to the format of applications for registration of trade repositories according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories;

                           14.

                           Commission Implementing Regulation (EU) No 1249/2012 of 19 December 2012 laying down implementing technical standards with regard to the format of the records to be maintained by central counterparties according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories.

               (4)

               Two legal acts should be deleted from the Annex because they have been repealed by Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC an 2006/49/EC (1):

                           1.

                           Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast);

                           2.

                           Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast).

               (5)

               The exception to the application of Title III of Directive 2009/110/EC of the European Parliament and of the Council (2) should be deleted because the provisions on the issuance and redeemability of electronic money shall apply to the Principality of Monaco.

               (6)

               Annex A to the Monetary Agreement should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Sole Article
   Annex A to the Monetary Agreement between the European Union and the Principality of Monaco is replaced by the Annex to this Decision.

      This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
      Done at Brussels, 2 July 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 176, 27.6.2013, p. 338.

      (2)  OJ L 267, 10.10.2009, p. 7.

      ANNEX

         Banking and Financial Legislation

      Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (JO L 176, 27.6.2013, p. 338), with the exception of its Title V.
      Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions: as regards the provisions applicable to the credit institutions (OJ L 372, 31.12.1986, p. 1).

         Amended by:

      Directive 2001/65/EC of the European Parliament and of the Council of 27 September 2001 amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions (OJ L 283, 27.10.2001, p. 28).
      Directive 2003/51/EC of the European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings (OJ L 178, 17.7.2003, p. 16).
      Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings (OJ L 224, 16.8.2006, p. 1).
      Council Directive 89/117/EEC of 13 February 1989 on the obligations of branches established in a Member State of credit institutions and financial institutions having their head offices outside that Member State regarding the publication of annual accounting documents (OJ L 44, 16.2.1989, p. 40).
      Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes (OJ L 135, 31.5.1994, p. 5).

         Amended by:

      Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a new organisational structure for financial services committees (OJ L 79, 24.3.2005, p. 9).
      Directive 2009/14/EC of the European Parliament and of the Council of 11 March 2009 amending Directive 94/19/EC on deposit-guarantee schemes as regards the coverage level and the payout delay (OJ L 68, 13.3.2009, p. 3).
      Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45).

         Amended by:

      Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (OJ L 146, 10.6.2009, p. 37).
      Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 98/26/EC, 2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC, 2006/48/EC, 2006/49/EC and 2009/65/EC in respect of the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 120).
      Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions (OJ L 125, 5.5.2001, p. 15).
      Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (OJ L 168, 27.6.2002, p. 43).

         Amended by:

      Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (OJ L 146, 10.6.2009, p. 37).
      Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1).

         Amended by:

      Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a new organisational structure for financial services committees (OJ L 79, 24.3.2005, p. 9).
      Directive 2008/25/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2002/87/EC on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate, as regards the implementing powers conferred on the Commission (OJ L 81, 20.3.2008, p. 40).
      Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 98/26/EC, 2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC, 2006/48/EC, 2006/49/EC and 2009/65/EC in respect of the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 120).
      Directive 2011/89/EU of the European Parliament and of the Council of 16 November 2011 amending Directives 98/78/EC, 2002/87/EC, 2006/48/EC and 2009/138/EC as regards the supplementary supervision of financial entities in a financial conglomerate (OJ L 326, 8.12.2011, p. 113).
      Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC, for the provisions applicable to credit institutions and with the exception of the Articles 15, 31 to 33 and Title III (OJ L 145, 30.4.2004, p. 1 — Corrigendum OJ L 45, 16.2.2005, p. 18).

         Amended by:

      Directive 2006/31/EC of the European Parliament and of the Council of 5 April 2006 amending Directive 2004/39/EC on markets in financial instruments, as regards certain deadlines (OJ L 114, 27.4.2006, p. 60).
      Directive 2007/44/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of holdings in the financial sector (OJ L 247, 21.9.2007, p. 1).
      Directive 2008/10/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2004/39/EC on markets in financial instruments, as regards the implementing powers conferred on the Commission (OJ L 76, 19.3.2008, p. 33).
      Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010 amending Directives 98/26/EC, 2002/87/EC, 2003/6/EC, 2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC, 2006/48/EC, 2006/49/EC, and 2009/65/EC in respect of the powers of the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) and the European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 120).

         Supplemented by:

      Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive (OJ L 241, 2.9.2006, p. 1).
      Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (OJ L 241, 2.9.2006, p. 26).
      Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).
      Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC: concerning the provisions of Titles I and II of Directive 2007/64/EC (OJ L 319, 5.12.2007, p. 1 — Corrigendum OJ L 187, 18.7.2009, p. 5).

         Amended by:

      Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 amending Directives 2006/48/EC, 2006/49/EC and 2007/64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management (OJ L 302, 17.11.2009, p. 97).
      Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331 15.12.2010, p. 12).
      Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
      Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).

         Supplemented by:

      Commission Delegated Regulation (EU) No 1003/2013 of 12 July 2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to fees charged by the European Securities and Markets Authority to trade repositories (OJ L 279, 19.10.2013, p. 4).
      Commission Delegated Regulation (EU) No 148/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories (OJ L 52, 23.2.2013, p. 1).
      Commission Delegated Regulation (EU) No 149/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on indirect clearing arrangements, the clearing obligation, the public register, access to a trading venue, non-financial counterparties, and risk mitigation techniques for OTC derivatives contracts not cleared by a CCP (OJ L 52, 23.2.2013, p. 11).
      Commission Delegated Regulation (EU) No 150/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards specifying the details of the application for registration as a trade repository (OJ L 52, 23.2.2013, p. 25).
      Commission Delegated Regulation (EU) No 151/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories, with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data (OJ L 52, 23.2.2013, p. 33).
      Commission Delegated Regulation (EU) No 152/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on capital requirements for central counterparties (OJ L 52, 23.2.2013, p. 37).
      Commission Delegated Regulation (EU) No 153/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on requirements for central counterparties (OJ L 52, 23.2.2013, p. 41).
      Commission Implementing Regulation (EU) No 1247/2012 of 19 December 2012 laying down implementing technical standards with regard to the format and frequency of trade reports to trade repositories according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 20).
      Commission Implementing Regulation (EU) No 1248/2012 of 19 December 2012 laying down implementing technical standards with regard to the format of applications for registration of trade repositories according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 30).
      Commission Implementing Regulation (EU) No 1249/2012 of 19 December 2012 laying down implementing technical standards with regard to the format of the records to be maintained by central counterparties according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (OJ L 352, 21.12.2012, p. 32).


Avis juridique important

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31995D0227

95/227/EC: European Parliament Decision of 5 April 1995 giving discharge to the Commission in respect of the financial management of the seventh European Development Fund for the 1993 financial year

Official Journal L 141 , 24/06/1995 P. 0081 - 0083

EUROPEAN PARLIAMENT DECISION of 5 April 1995 giving discharge to the Commission in respect of the financial management of the seventh European Development Fund for the 1993 financial year (95/227/EC) THE EUROPEAN PARLIAMENT,- having regard to the EC Treaty,- having regard to the fourth ACP-EEC Convention (1),- having regard to the balance sheets and revenue and expenditure accounts of the fifth, sixth and seventh European Development Funds for the 1993 financial year (COM(94) 0365),- having regard to the report of the Court of Auditors concerning the 1993 financial year and the replies of the institutions (2),- having regard to the Council recommendation of 20 March 1995 (C4-0103/95),- having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A4-0060/95),1. Gives discharge to the Commission in respect of the financial management of the seventh European Development Fund for the 1993 financial year on the basis of the following amounts:>TABLE>2. Records its observations in the resolution which forms part of this Decision;3. Instructs its President to forward the Decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and European Investment Bank and to have them published in the Official Journal of the European Communities (L series).The Secretary-GeneralEnrico VINCIThe PresidentKlaus HÄNSCH(1) OJ No L 229, 17. 8. 1991.(2) OJ No C 327, 24. 11. 1994.RESOLUTION containing the observations which form part of the Decisions giving discharge to the Commission in respect of the financial management of the fifth, sixth and seventh European Development Funds for the 1993 financial year THE EUROPEAN PARLIAMENT,- having regard to Articles 137 and 206 of the EC Treaty,- having regard to Articles 70, 73 and 77 of the Financial Regulations applicable respectively to the fifth, sixth and seventh European Development Funds (EDFs), under which the Commission is required to take all appropriate steps to act on the observations appearing in discharge Decisions,- having regard to the forthcoming review of the Lomé Convention and the establishment of the eighth European Development Fund,- having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A4-0060/95),General 1. Endorses the basic concept of the EDFs as multilateral development funds, this being the most effective and equitable method for the provisions of long-term structural development aid; notes in this context that the current provisions for the financing of the EDFs do not correspond to this concept, and will not do so until the funds are incorporated within the Community budget;Budgetary implementation 2. Continues to be concerned at the slow implementation rate of the EDFs particularly in the field of traditional, project-based aid programmes jointly managed with ACP countries;3. Calls on the Commission to introduce provisions allowing appropriations under national or regional indicative programmes, which remain unused for defined lengths of time following their transfer to subsequent EDFs, to be re-allocated to non-programmable aid programmes;Administration and management 4. Asks the Commission to review all Financial Regulations applying to the EDFs and, following the budgetization of the EDFs, of the general Community Financial Regulation, to adapt their provisions more closely to the circumstances of the implementation of the EDFs;5. Calls on the Commission to report to the Parliament in its report on the follow-up to the present discharge Decisions on all the changes made to its EDF financial management and accounting systems as a result of the observations of the Court of Auditors in its 1993 annual report (1);6. Calls on the Commission, within the context of a process of management decentralization, to delegate decision-making powers and responsibility for defined aspects of financial management to its delegations in ACP countries; asks the Commission in this connection to review its staffing policy in the delegations, and, in any event, to ensure that they are fully staffed;7. Calls on the Commission, the European Investment Bank and the Court of Auditors to cooperate in carrying out regular and frequent on-the-spot audit checks of operations managed under mandate by the European Investment Bank (EIB);8. Asks the Court of Auditors to give summary details of all on-the-spot audit visits carried out in preparation of its annual report on EDF expenditure as an annex to the relevant chapter in the annual report;9. Acknowledges and welcomes the efforts made by the Commission since 1993 to improve its financial management and accounting systems for the EDF and the progress thus made;10. Recognizes that the Court of Auditors has discovered a certain number of discrepancies in the EDF accounts and notes that the Commission has acknowledged these; expects these errors to be corrected in the 1994 accounts, the legality and regularity of which the Court of Auditors will for the first time be required to certify in its Statement of Assurance;Structural adjustment 11. Stresses the importance of the respect for democratic practice as a precondition for the provision of assistance under the Structural Adjustment Facility, and the crucial importance of the Community taking all possible action to alleviate the serious adverse social consequences caused by structural reforms;12. Finds that counterpart funds created under the sixth EDF are not being used in accordance with the Community's stated priorities for the health and education sectors; asks the Commission, in spite of the notable improvements visible in this context in the seventh EDF, to bring to bear its influence with ACP Governments to ensure that the health and eduction sectors are suitably funded by the counterpart funds;13. Asks the Commission to provide the European Parliament, by 30 September 1995, with a report giving an evaluation of the results achieved so far by the Structural Adjustment Facility, and by the counterpart funds generated by it, including details of the criteria used to carry out that evaluation;14. Asks the Court of Auditors to include in the relevant chapter of its next annual report an evaluation of the results achieved so far by the Structural Adjustment Facility, including details of the criteria used to carry out that evaluation;Stabex 15. Expresses its concern over the continuing impasse between the Commission and the ACP States over the question of Stabex finance; asks the Commission to ensure that the ACP States respect their obligations relating to the mutual obligation frameworks; also asks the Commission thoroughly to review the entire operation of the Stabex system within the context of the new EDFs;EDF finance for UN operations 16. Reaffirms its insistence that EDF funds must only be applied for purposes for which there is a clear legal basis in the Lomé Conventions.(1) OJ No C 327, 24. 11. 1994.