title: 2014/794/EU: Council Decision of 7 November 2014 on the position to be taken on behalf of the European Union within the Committee on Cultural Cooperation set up by the Protocol on cultural cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the establishment of a list of 15 arbitrators

text:
               15.11.2014

               EN

               Official Journal of the European Union

               L 330/40

         COUNCIL DECISION
   of 7 November 2014
   on the position to be taken on behalf of the European Union within the Committee on Cultural Cooperation set up by the Protocol on cultural cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the establishment of a list of 15 arbitrators

      (2014/794/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 167(3) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (1) (‘the Agreement’) was signed on 6 October 2010. The Agreement contains a Protocol on Cultural Cooperation (‘the Protocol’) which, according to Article 1 thereof, sets up the framework within which the Parties cooperate for facilitating exchanges regarding cultural activities, goods and services, including, inter alia, in the audiovisual sector.

               (2)

               Pursuant to Article 15.10.5 of the Agreement, it has been provisionally applied in part by Council Decision 2011/265/EU (2) (‘the Decision’) since 1 July 2011, pending the completion of the procedures for its conclusion.

               (3)

               Pursuant to Article 6 of the Decision, the position to be taken by the Union in the Committee on Cultural Cooperation (‘the Committee’) on decisions having legal effects shall be determined by the Council acting in accordance with the Treaty.

               (4)

               Article 3bis of the Protocol provides that the Committee shall, promptly after its establishment, establish a list of 15 individuals to serve as arbitrators.

               (5)

               The Union should determine the position to be taken in the Committee with regard to the establishment of the list of arbitrators.

               (6)

               The position of the Union within the Committee should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the Union within the Committee on Cultural Cooperation, set up by the Protocol on cultural cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the establishment of the list of 15 individuals to serve as arbitrators shall be based on the draft decision of the Committee on Cultural Cooperation attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 7 November 2014.

            For the Council

            The President

         P. C. PADOAN

      (1)  OJ L 127, 14.5.2011, p. 6.

      (2)  Council Decision 2011/265/EU of 16 September 2010 on the signing, on behalf of the European Union, and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 127, 14.5.2011, p. 1.)

      DRAFT
      DECISION No … OF THE EU-KOREA COMMITTEE ON CULTURAL COOPERATION
      of …
      on the establishment of a list of arbitrators referred to in Article 3bis of the Protocol on Cultural Cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part
      THE COMMITTEE ON CULTURAL COOPERATION,
      Having regard to the Protocol on Cultural Cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, signed in Brussels on 6 October 2010, and in particular Article 3bis thereof,
      Whereas:

                  (1)

                  Article 3bis of the Protocol on cultural cooperation (‘the Protocol’) provides for a dispute settlement set out in Chapter Fourteen of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, whereby disputes are solved through recourse to a panel of arbitrators.

                  (2)

                  In the event of a dispute, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel.

                  (3)

                  If the Parties are unable to agree on the composition of the arbitration panel, the composition shall be determined through selection by lot from the list established in accordance with point (c) of Article 3bis of the Protocol.

                  (4)

                  The Parties have agreed on a list of 15 arbitrators,

            HAS ADOPTED THIS DECISION:
      Article 1
      The list of 15 arbitrators is hereby established in accordance with point (c) of Article 3bis of the Protocol. The list is set out in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at … on …

               For the Committee on Cultural Cooperation

               First Vice-Minister

               Ministry for Culture, Sports and Tourism of the Republic of Korea

               Director-General of the Directorate General for Education and Culture

               European Commission

      ANNEX
      LIST OF ARBITRATORS

         Arbitrators proposed by the EU

      James BRIDGEMAN
      Ursula KRIEBAUM
      Alessandra LANCIOTTI
      Hélène RUIZ FABRI
      Jan WOUTERS

         Arbitrators proposed by Korea

      Byung-Chol YOON
      Eun Young PARK
      Young Jae CHO
      Seung-Soo CHOI
      Chang Hwan SHIN

         Chairpersons

      Florentino P. FELICIANO (Philippines)
      Juan Antonio DORANTES (Mexico)
      Christian HÄBERLI (Switzerland)
      Leng Sun CHAN (Malaysia)
      Teresa CHENG (China)


title: 2009/308/EC: Council Decision of 30 March 2009 appointing one Spanish alternate member of the Committee of the Regions

text:
               2.4.2009

               EN

               Official Journal of the European Union

               L 90/23

      COUNCIL DECISION

   of 30 March 2009
   appointing one Spanish alternate member of the Committee of the Regions
   (2009/308/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

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

               (2)

               An alternate member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Jaime RABANAL GARCÍA,

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

               —

               Mr Javier VELASCO MANCEBO, Director de la Oficina de Representación del Principado de Asturias.

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

      Done at Brussels, 30 March 2009.

            For the Council

            The President

         P. BENDL

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Decision No 1194/2011/EU of the European Parliament and of the Council of 16 November 2011 establishing a European Union action for the European Heritage Label

text:
               22.11.2011

               EN

               Official Journal of the European Union

               L 303/1

         DECISION No 1194/2011/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 16 November 2011
   establishing a European Union action for the European Heritage Label
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 167(5), first indent, thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the Committee of the Regions (1),
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               The Treaty on the Functioning of the European Union (TFEU) aims at an ever closer union among the peoples of Europe and confers on the Union the task, inter alia, of contributing to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore. In this respect, the Union, where necessary, supports and supplements Member States’ action to improve the knowledge and dissemination of the culture and history of the European peoples.

               (2)

               A better understanding and appreciation, especially among young people, of their shared yet diverse heritage would help to strengthen the sense of belonging to the Union and reinforce intercultural dialogue. It is therefore important to promote greater access to cultural heritage and to enhance its European dimension.

               (3)

               The TFEU also establishes citizenship of the Union, which complements national citizenship of the respective Member States and is an important element in safeguarding and strengthening the process of European integration. For citizens to give their full support to European integration, greater emphasis should be placed on their common values, history and culture as key elements of their membership of a society founded on the principles of freedom, democracy, respect for human rights, cultural and linguistic diversity, tolerance and solidarity.

               (4)

               An intergovernmental European Heritage Label initiative (‘intergovernmental initiative’) was launched on 28 April 2006 in Granada, Spain.

               (5)

               On 20 November 2008, the Council adopted conclusions (3) aimed at transforming the intergovernmental initiative into a Union action (‘action’) by inviting the Commission to submit to it a proposal for the creation by the Union of a European Heritage Label (‘label’) and to specify the practical procedures for the implementation of the project.

               (6)

               The public consultation and the impact assessment carried out by the Commission confirmed the value of the intergovernmental initiative but indicated that it needed to be further developed to reach its full potential, and that the involvement of the Union could provide it with a clear added value and help it to take a qualitative step forward.

               (7)

               The label should benefit from the experience gained from the intergovernmental initiative.

               (8)

               The label should seek added value and complementarity with regard to other initiatives such as the Unesco World Heritage List, the Unesco Representative List of the Intangible Cultural Heritage of Humanity and the Council of Europe’s European Cultural Routes. Its added value should be based on the contribution made by the selected sites to European history and culture, including the building of the Union, on a clear educational dimension reaching out to citizens, especially young people, and on networking between the sites to share experiences and best practices. The main focus of the action should be on the promotion of and access to the sites as well as on the quality of the information and activities offered, as opposed to the preservation of the sites, which should be guaranteed by existing protection regimes.

               (9)

               In addition to strengthening European citizens’ sense of belonging to the Union and stimulating intercultural dialogue, the action could also contribute to enhancing the value and profile of cultural heritage, to increasing the role of heritage in the economic and sustainable development of regions, in particular through cultural tourism, to fostering synergies between cultural heritage and contemporary creation and creativity and, more generally, to promoting the democratic values and human rights that underpin European integration.

               (10)

               Those objectives are fully in line with the objectives set out in the Commission communication entitled ‘A European agenda for culture in a globalizing world’, which include the promotion of cultural diversity and intercultural dialogue as well as of culture as a catalyst for creativity.

               (11)

               It is crucial that the label be awarded on the basis of common, clear and transparent criteria and procedures, including during the first two selection years when transitional provisions should apply.

               (12)

               The procedure for the selection of sites under the action should be carried out in two stages. Sites should initially be pre-selected at national level. Whenever relevant, Member States could involve local and regional authorities. The selection should then take place at Union level. Each site awarded the label should be monitored in order to ensure continued compliance with the criteria as laid down for the label.

               (13)

               In the course of the first evaluation of the action, the widening of its geographical scope should be examined.

               (14)

               Where there is a clear thematic link between several sites located in one Member State, the action should allow for joint applications. Such joint applications should comprise a reasonable number of participating sites and demonstrate a European added value compared to individual applications in respect of the same sites.

               (15)

               Similarly, by reason of the transnational dimension of certain sites, the action should allow for joint applications both in the case of sites which are located in different Member States but focus on one specific theme and in the case of a site located on the territory of at least two Member States.

               (16)

               In order to ensure uniform conditions for the implementation of this Decision and, in particular, the provisions concerning the designation of sites to be awarded the label, the withdrawal of the label and the formalisation of the renunciation of the label, implementing powers should be conferred on the Commission.

               (17)

               The administrative arrangements for the label should be light and flexible, in accordance with the principle of subsidiarity.

               (18)

               Since the objectives of this Decision cannot be sufficiently achieved by the Member States by reason of the need, in particular, for new common, clear and transparent criteria and procedures for the label, as well as for stronger coordination between the Member States, and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Establishment
   A European Union action (‘action’) entitled ‘European Heritage Label’ (‘label’) is hereby established.
   Article 2
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (1)

               ‘sites’ means monuments, natural, underwater, archaeological, industrial or urban sites, cultural landscapes, places of remembrance, cultural goods and objects and intangible heritage associated with a place, including contemporary heritage;

               (2)

               ‘transnational site’ means:

                           (a)

                           several sites, located in different Member States, which focus on one specific theme in order to submit a joint application; or

                           (b)

                           one site located on the territory of at least two Member States;

               (3)

               ‘national thematic site’ means several sites, located in the same Member State, which focus on one specific theme in order to submit a joint application.

         Article 3
   Objectives
   1.   The action shall contribute to the following general objectives:

               (a)

               strengthening European citizens’ sense of belonging to the Union, in particular that of young people, based on shared values and elements of European history and cultural heritage, as well as an appreciation of national and regional diversity;

               (b)

               strengthening intercultural dialogue.

         2.   In order to achieve the objectives set out in paragraph 1, the action shall seek to attain the following intermediate objectives:

               (a)

               stressing the symbolic value and raising the profile of sites which have played a significant role in the history and culture of Europe and/or the building of the Union;

               (b)

               increasing European citizens’ understanding of the history of Europe and the building of the Union, and of their common yet diverse cultural heritage, especially in relation to the democratic values and human rights that underpin the process of European integration.

         3.   The sites themselves shall seek to attain the following specific objectives:

               (a)

               highlighting their European significance;

               (b)

               raising European citizens’ awareness of their common cultural heritage, especially that of young people;

               (c)

               facilitating the sharing of experiences and exchanges of best practices across the Union;

               (d)

               increasing and/or improving access for all, especially young people;

               (e)

               increasing intercultural dialogue, especially among young people, through artistic, cultural and historical education;

               (f)

               fostering synergies between cultural heritage on one hand and contemporary creation and creativity on the other;

               (g)

               contributing to the attractiveness and the economic and sustainable development of regions, in particular through cultural tourism.

         Article 4
   Participation in the action
   The action shall be open to the participation, on a voluntary basis, of the Member States.
   Article 5
   Added value and complementarity of the action with other initiatives
   The Commission and the Member States shall ensure the added value and complementarity of the action with regard to other initiatives in the field of cultural heritage such as the Unesco World Heritage List, the Unesco Representative List of the Intangible Cultural Heritage of Humanity and the Council of Europe’s European Cultural Routes.
   Article 6
   Eligibility
   Sites within the meaning of Article 2 shall be eligible for the attribution of the label.
   Article 7
   Criteria
   1.   The attribution of the label shall be based on the following criteria (‘criteria’):

               (a)

               Candidate sites for the label must have a symbolic European value and must have played a significant role in the history and culture of Europe and/or the building of the Union. They must therefore demonstrate one or more of the following:

                           (i)

                           their cross-border or pan-European nature: how their past and present influence and attraction go beyond the national borders of a Member State;

                           (ii)

                           their place and role in European history and European integration, and their links with key European events, personalities or movements;

                           (iii)

                           their place and role in the development and promotion of the common values that underpin European integration.

               (b)

               Candidate sites for the label must submit a project, the implementation of which is to begin by the end of the designation year at the latest, which includes all of the following elements:

                           (i)

                           raising awareness of the European significance of the site, in particular through appropriate information activities, signposting and staff training;

                           (ii)

                           organising educational activities, especially for young people, which increase the understanding of the common history of Europe and of its shared yet diverse heritage and which strengthen the sense of belonging to a common space;

                           (iii)

                           promoting multilingualism and facilitating access to the site by using several languages of the Union;

                           (iv)

                           taking part in the activities of networks of sites awarded the label in order to exchange experiences and initiate common projects;

                           (v)

                           raising the profile and attractiveness of the site on a European scale, inter alia, by using the possibilities offered by new technologies and digital and interactive means and by seeking synergies with other European initiatives.

                     The organisation of artistic and cultural activities which foster the mobility of European culture professionals, artists and collections, stimulate intercultural dialogue and encourage linkage between heritage and contemporary creation and creativity is to be welcomed whenever the specific nature of the site allows this.

               (c)

               Candidate sites for the label must submit a work plan which includes all of the following elements:

                           (i)

                           ensuring the sound management of the site, including defining objectives and indicators;

                           (ii)

                           ensuring the preservation of the site and its transmission to future generations in accordance with the relevant protection regimes;

                           (iii)

                           ensuring the quality of the reception facilities such as the historical presentation, visitors’ information and signposting;

                           (iv)

                           ensuring access for the widest possible public, inter alia, through site adaptations or staff training;

                           (v)

                           according special attention to young people, in particular by granting them privileged access to the site;

                           (vi)

                           promoting the site as a sustainable tourism destination;

                           (vii)

                           developing a coherent and comprehensive communication strategy highlighting the European significance of the site;

                           (viii)

                           ensuring that the management of the site is as environmentally friendly as possible.

         2.   As regards the criteria laid down in points (b) and (c) of paragraph 1, each site shall be assessed in a proportionate manner, taking into account its characteristics.
   Article 8
   European panel
   1.   A European panel of independent experts (‘European panel’) shall be established to carry out the selection and monitoring at Union level. It shall ensure that the criteria are properly applied by the sites across the Member States.
   2.   The European panel shall consist of 13 members, four of whom shall be appointed by the European Parliament, four by the Council, four by the Commission and one by the Committee of the Regions, in accordance with their respective procedures. The European panel shall designate its chairperson.
   3.   The members of the European panel shall be independent experts with substantial experience and expertise in the fields relevant to the objectives of the action. Each institution and body shall seek to ensure that the competences of the experts it appoints are as complementary as possible, and that those experts are drawn from a balanced geographical spectrum.
   4.   The members of the European panel shall be appointed for three years.
   However, in 2012 four experts shall be appointed by the European Parliament for two years, four by the Council for three years, four by the Commission for one year and one by the Committee of the Regions for three years.
   5.   The members of the European panel shall declare any actual or potential conflict of interest in respect of a specific site. In the event of such a declaration by a member, or if such a conflict of interest comes to light, that member shall not participate in the evaluation of the site or of any other sites from the Member State(s) concerned.
   6.   All reports, recommendations and notifications of the European panel shall be made public by the Commission.
   Article 9
   Application form
   With a view to keeping procedures as streamlined and light as possible, a common application form (‘application form’) based on the criteria shall be prepared by the Commission and used by all candidate sites.
   Article 10
   Pre-selection at national level
   1.   The pre-selection of sites for the attribution of the label shall be under the responsibility of the Member States.
   2.   Each Member State may pre-select up to two sites every two years.
   3.   The pre-selection shall be based on the criteria and on the application form.
   4.   Each participating Member State shall establish its own procedures and its own calendar for the pre-selection in accordance with the principle of subsidiarity, striving for administrative arrangements that are as light and flexible as possible. It shall transmit the application forms in respect of the pre-selected sites to the Commission by 1 March of the year of the selection procedure, in accordance with the calendar set out in the Annex.
   5.   The Commission shall publish the full list of pre-selected sites and shall inform the European Parliament, the Council and the Committee of the Regions thereof without delay after the finalisation of the pre-selection stage, so that the European Parliament, the Council, the Committee of the Regions, the Member States or any other person or entity may submit to the Commission any observation which could have an impact on the selection of those sites.
   Article 11
   Selection at Union level
   1.   The selection of sites for the attribution of the label shall be carried out by the European panel under the responsibility of the Commission.
   2.   The European panel shall evaluate the applications relating to the pre-selected sites and shall select a maximum of one site per Member State. If necessary, further information may be requested and visits to the sites may be organised.
   3.   The selection shall be based on the criteria and on the application form. The European panel shall also take duly into account the observations referred to in Article 10(5).
   4.   The European panel shall issue a report on the pre-selected sites and transmit it to the Commission at the latest by the end of the year of the selection procedure. That report shall include a recommendation for the attribution of the label and provide an accompanying explanation for its conclusions regarding those sites which are selected and those which are not. The Commission shall forward that report without delay to the European Parliament, the Council and the Committee of the Regions for information.
   5.   Candidate sites which are not selected may submit new applications for pre-selection at national level in the following years.
   Article 12
   Transnational sites
   1.   In order for a transnational site to be eligible for the attribution of the label, it shall comply with all of the following conditions:

               (a)

               full compliance with the criteria by each participating site;

               (b)

               designation of one of the participating sites as the coordinator, which will be the single contact point for the Commission;

               (c)

               application under a common name;

               (d)

               where appropriate, demonstration of a clear thematic link.

         2.   Applications in respect of transnational sites shall follow the same procedure as that for other sites. Following consultation among the participating sites with the involvement of relevant national authorities, each participating site shall complete an application form and send it to the coordinator. Transnational sites shall be pre-selected by the Member State of the coordinator within the numerical limits of sites laid down in Article 10(2) and proposed on behalf of all the Member States concerned after those Member States have agreed thereon.
   3.   When a transnational site is selected, the label shall be awarded to the transnational site as a whole and under the common name.
   4.   If a transnational site meets all the criteria, priority shall be given to that site during the selection.
   Article 13
   National thematic sites
   1.   In order for a national thematic site to be eligible for the attribution of the label, it shall comply with all of the following conditions:

               (a)

               demonstration of the European added value of a joint application compared to individual applications;

               (b)

               demonstration of a clear thematic link;

               (c)

               full compliance with the criteria by each participating site;

               (d)

               designation of one of the participating sites as the coordinator, which will be the single contact point for the Commission;

               (e)

               application under a common name.

         2.   Applications in respect of national thematic sites shall follow the same procedure as that for other sites. Each participating site shall complete an application form and send it to the coordinator. National thematic sites shall be pre-selected by the Member State concerned within the numerical limits of sites laid down in Article 10(2).
   3.   When a national thematic site is selected, the label shall be awarded to the national thematic site as a whole and under the common name.
   Article 14
   Designation
   1.   The Commission shall designate the sites to be awarded the label, having due regard to the recommendation of the European panel. The Commission shall inform the European Parliament, the Council and the Committee of the Regions of its designation.
   2.   The label shall be awarded on a permanent basis, subject to the conditions laid down in Article 15 and to the continuation of the action and without prejudice to Article 16.
   Article 15
   Monitoring
   1.   Each site awarded the label shall be monitored on a regular basis in order to ensure that it continues to meet the criteria and that it respects the project and work plan submitted in its application.
   2.   The Member States shall be responsible for the monitoring of all sites located on their respective territory. The monitoring of a transnational site shall be the responsibility of the Member State of the coordinator.
   3.   The Member States shall collect all the necessary information and prepare a report every four years in accordance with the calendar set out in the Annex. The Member States shall send the report to the Commission by 1 March of the year of the monitoring procedure. The Commission shall submit the report to the European panel for examination.
   4.   The European panel shall issue a report on the state of the sites awarded the label by the end of the year of the monitoring procedure, including if necessary recommendations to be taken into account for the following monitoring period.
   5.   The Commission shall establish, in cooperation with the European panel, common indicators for the Member States to ensure a coherent approach to the monitoring procedure.
   Article 16
   Withdrawal or renunciation of the label
   1.   If the European panel establishes that a site no longer meets the criteria or that it no longer respects the project and work plan submitted in its application, it shall initiate a dialogue with the Member State concerned via the Commission, with a view to facilitating the necessary adjustments to the site.
   2.   If, 18 months after the beginning of the dialogue, the necessary adjustments have not been made to the site, the European panel shall notify the Commission of that fact. The notification shall be accompanied by a statement of reasons and shall include practical recommendations on how to improve the situation.
   3.   If, 18 months after the notification referred to in paragraph 2, the practical recommendations have not been implemented, the European panel shall issue a recommendation to the Commission for the withdrawal of the label from the relevant site.
   4.   If the European panel establishes that a site participating in a transnational site or a national thematic site no longer meets the criteria or that it no longer respects the project and work plan submitted in its application, the procedure set out in paragraphs 1, 2 and 3 shall apply. Withdrawal pursuant to this paragraph shall apply to the transnational site or national thematic site in its entirety. However, in cases where the coherence of the transnational site or national thematic site will not be undermined, the European panel may recommend limiting the withdrawal to the participating site concerned.
   5.   The Commission shall take the decision to withdraw the label having due regard to the recommendation referred to in paragraph 3. The Commission shall inform the European Parliament, the Council and the Committee of the Regions of the withdrawal.
   6.   Sites may at any time renounce the label and, in such cases, they shall notify the Member States concerned which shall in turn inform the Commission of the renunciation. The Commission shall formalise the renunciation and inform the European Parliament, the Council and the Committee of the Regions to that effect.
   Article 17
   Practical arrangements
   1.   The Commission shall implement the action. It shall in particular:

               (a)

               ensure the overall coherence and quality of the action;

               (b)

               ensure coordination between the Member States and the European panel;

               (c)

               in the light of the objectives and criteria, establish guidelines to assist with the selection and monitoring procedures in close cooperation with the European panel;

               (d)

               provide support to the European panel.

         2.   The Commission shall be responsible for communicating information concerning the label and ensuring its visibility at Union level, in particular by setting up and maintaining a specific website. The Commission shall also ensure the creation of a logo for the action.
   3.   The Commission shall foster networking activities between the sites awarded the label.
   4.   The actions under paragraphs 2 and 3 of this Article, as well as the costs of the European panel, shall be financed through the financial envelope provided for in Article 20.
   Article 18
   Evaluation
   1.   The Commission shall ensure the external and independent evaluation of the action. Such evaluation shall take place every six years in accordance with the calendar set out in the Annex and shall examine all elements, including the efficiency of the processes involved in running the action, the number of sites, the impact of the action, the widening of its geographical scope, how it could be improved and whether it should be continued.
   2.   The Commission shall present a report on the evaluation provided for in paragraph 1 to the European Parliament, the Council and the Committee of the Regions within six months of its finalisation, accompanied, if appropriate, by relevant proposals.
   Article 19
   Transitional provisions
   1.   Member States which did not participate in the intergovernmental European Heritage Label initiative of 2006 (‘intergovernmental initiative’) may pre-select up to four sites in 2013 for the attribution of the label.
   2.   Member States which participated in the intergovernmental initiative may pre-select up to four sites in 2014 for the attribution of the label. They may propose sites which were already awarded a label within the intergovernmental initiative.
   3.   All sites referred to in paragraphs 1 and 2 shall be assessed by the European panel on the basis of the same criteria and follow the same procedure as those for other sites.
   4.   Where one of the sites referred to in paragraphs 1 and 2 does not meet the criteria or if further information is needed, the European panel shall initiate a dialogue with the Member State concerned via the Commission in order to examine whether the application can be improved before a decision is taken. Visits to the site may be organised if necessary.
   Article 20
   Financial provisions
   1.   The financial envelope for the implementation of the action during the period from 1 January 2012 to 31 December 2013 is set at EUR 650 000.
   2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the multiannual financial framework.
   Article 21
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Strasbourg, 16 November 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         W. SZCZUKA

      (1)  OJ C 267, 1.10.2010, p. 52.

      (2)  Position of the European Parliament of 16 December 2010 (not yet published in the Official Journal) and position of the Council at first reading of 19 July 2011. Position of the European Parliament of 16 November 2011.

      (3)  OJ C 319, 13.12.2008, p. 11.

      ANNEX

         Calendar

                  Year

                  2011

                  Entry into force of the Decision
                  Preparatory work

                  2012

                  Preparatory work

                  2013

                  First selection of sites for the Member States which did not participate in the intergovernmental initiative

                  2014

                  First selection of sites for the Member States which participated in the intergovernmental initiative

                  2015

                  Selection

                  2016

                  Monitoring

                  2017

                  Selection

                  2018

                  Evaluation of the label

                  2019

                  Selection

                  2020

                  Monitoring

                  2021

                  Selection

                  2022

                  —

                  2023

                  Selection

                  2024

                  Monitoring
                  Evaluation of the label

                  2025

                  Selection

                  …

                  …


title: 2011/58/EU: Council Decision of 25 October 2010 on the signing, on behalf of the European Union, of an Agreement between the Union and the Kingdom of Morocco establishing a Dispute Settlement Mechanism

text:
               1.2.2011

               EN

               Official Journal of the European Union

               L 27/1

         COUNCIL DECISION
   of 25 October 2010
   on the signing, on behalf of the European Union, of an Agreement between the Union and the Kingdom of Morocco establishing a Dispute Settlement Mechanism
   (2011/58/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 24 February 2006 the Council authorised the Commission to open negotiations with partners in the Mediterranean region in order to establish a dispute settlement mechanism related to trade provisions.

               (2)

               Negotiations have been conducted by the Commission in consultation with the committee appointed pursuant to Article 207 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               These negotiations have been concluded and an Agreement between the European Union and the Kingdom of Morocco establishing a Dispute Settlement Mechanism (‘the Agreement’) was initialled on 9 December 2009.

               (4)

               This Agreement should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Kingdom of Morocco establishing a Dispute Settlement Mechanism is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union, subject to its conclusion.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 25 October 2010.

            For the Council

            The President

         C. ASHTON

      (1)  The text of the Agreement will be published with the Decision on its conclusion.


title: 2009/577/EC: Council Decision of 27 July 2009 appointing one Spanish member of the Committee of the Regions

text:
               30.7.2009

               EN

               Official Journal of the European Union

               L 198/56

      COUNCIL DECISION

   of 27 July 2009
   appointing one Spanish member of the Committee of the Regions
   (2009/577/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

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

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Manuel CHAVES GONZÁLES,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
   Mr José Antonio GRIŇÁN MARTÍNEZ, Presidente de la Junta de Andalucía.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 27 July 2009.

            For the Council

            The President

         C. BILDT

      (1)  OJ L 56, 25.2.2006, p. 75.


title: 2007/618/EC: Council Decision of 18 September 2007 appointing a Finnish member and a Finnish alternate member to the Committee of the Regions

text:
               25.9.2007

               EN

               Official Journal of the European Union

               L 249/10

      COUNCIL DECISION

   of 18 September 2007
   appointing a Finnish member and a Finnish alternate member to the Committee of the Regions
   (2007/618/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Finnish Government,
   Whereas:

               (1)

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

               (2)

               One member’s seat on the Committee of the Regions has become vacant following the end of Mr MYLLYVIRTA’s mandate. One alternate member’s seat on the Committee of the Regions has become vacant following the end of Ms PEIPONEN’s mandate,

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

               (a)

               as member

                           —

                           Mr Jyrki MYLLYVIRTA, Mayor of Lahti (change of mandate);

               (b)

               as alternate member

                           —

                           Ms Irja SOKKA, Member of Kuopio city council.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Brussels, 18 September 2007.

            For the Council

            The President

         R. PEREIRA

      (1)  OJ L 56, 25.2.2006, p. 75.


title: 2006/824/EC: Decision of the European Parliament of 27 April 2006 on the discharge for the implementation of the budget of the European Agency for Reconstruction for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/74

      DECISION OF THE EUROPEAN PARLIAMENT

   of 27 April 2006
   on the discharge for the implementation of the budget of the European Agency for Reconstruction for the financial year 2004
   (2006/824/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for Reconstruction for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Agency for Reconstruction for the financial year 2004, together with the Agency's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 2667/2000 of 5 December 2000 on the European Agency for Reconstruction (4), and in particular Article 8 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 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0095/2006),

               1.

               Grants discharge to the Director of the European Agency for Reconstruction for the implementation of the Agency's budget for the financial year 2004;

               2.

               Sets out its comments 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 Reconstruction, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 332, 28.12.2005, p. 19.

      (2)  OJ C 332, 28.12.2005, p. 15.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 306, 7.12.2000, p. 7. Regulation as last amended by Regulation (EC) No 2068/2004 (OJ L 358, 3.12.2004, p. 2).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).


title: 74/520/EEC: Council Decision of 2 October 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of Cyprus on the supply of common wheat as food aid

text:
31 . 10. 74                      Official Journal of the European Communities                         No L 293 / 1
                                                        II
                                   (Acts whose publication is not obligatory)
                                                COUNCIL
                                              COUNCIL DECISION
                                                of 2 October 1974
             on the conclusion of the Agreement between the European Economic Community
                    and the Republic of Cyprus on the supply of common wheat as food aid
                                                  (74/520/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                    HAS DECIDED AS FOLLOWS :
                                                                                Article 1
Having regard to the Treaty establishing the
European Economic Community, and in particular              The Agreement between the European Economic
Articles 113, 114 and 228 thereof;                          Community and the Republic of Cyprus on the
                                                            supply of common wheat as food aid, the text of
                                                            which is annexed to this Decision, is hereby
Having regard to the recommendation from the                concluded on behalf of the Community.
Commission;
                                                                                Article 2
Whereas the European Economic Community has                 The President of the Council is hereby authorized to
concluded the 1971 Food Aid Convention;
                                                            designate the persons empowered to sign the
                                                            Agreement and to confer on them the necessary
Whereas by its letter of 5 June 1973 , the Republic of      powers to bind the Community.
Cyprus has requested food aid ;
                                                            Done at Luxembourg, 2 October 1974.
Whereas in view of the cereal supply situation in                                      For the Council
Cyprus, that country should be accorded, by way of                                      The President
gift, 5 000 metric tons of common wheat under the
Community food-aid programme for 1973/74,                                               Ch. BONNET


Avis juridique important

|

32003D0842

2003/842/EC: Council Decision of 1 December 2003 appointing a member of the Committee of the Regions

Official Journal L 321 , 06/12/2003 P. 0057 - 0057

Council Decisionof 1 December 2003appointing a member of the Committee of the Regions(2003/842/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Irish Government,Whereas:(1) On 22 January 2002 the Council adopted Decision 2002/60/EC(1) appointing the members and alternate members of the Committee of the Regions.(2) A seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Maurice CUMMINS, notified to the Council on 19 November 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMr Michael FITZGERALD, Councillor, is hereby appointed a member of the Committee of the Regions in place of Mr Maurice CUMMINS for the remainder of his term of office, which runs until 25 January 2006.Done at Brussels, 1 December 2003.For the CouncilThe PresidentR. Maroni(1) OJ L 24, 26.1.2002, p. 38.


title: 2005/192/EC, Euratom: Council and Commission Decision of 21 February 2005 on the conclusion of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

text:
               10.3.2005

               EN

               Official Journal of the European Union

               L 63/21

      COUNCIL AND COMMISSION DECISION

   of 21 February 2005
   on the conclusion of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
   (2005/192/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of Article 300(2), first subparagraph, and the second subparagraph of Article 300(3) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the Treaty of Accession of 16 April 2003 and in particular Article 2(3) thereof,
   Having regard to the Act of Accession of 2003 and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament,
   Having regard to the approval of the Council pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, has been signed on behalf of the European Community and the Member States on 12 December 2004 in accordance with Council Decision 2004/896/EC (1).

               (2)

               Pending its entry into force the Protocol has been applied on a provisional basis as from 1 May 2004.

               (3)

               The Protocol should be concluded,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   The text of the Protocol (2) is annexed to this Decision.
   Article 2
   The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 15 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Brussels, 21 February 2005.

            For the Council

            The President

         J. ASSELBORN

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 388, 29.12.2004, p. 1.

      (2)  OJ L 388, 29.12.2004, p. 6.


title: 2009/221/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/192

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2006
   (2009/221/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Maritime Safety Agency for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0115/2008),

               1.

               Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency's budget for the financial year 2006;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Executive Director of the European Maritime Safety Agency, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 20.

      (2)  OJ C 309, 19.12.2007, p. 55.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 208, 5.8.2002, p. 1.

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/193

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2006
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Maritime Safety Agency for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0115/2008),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurance that the annual accounts for the financial year 2006 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 24 April 2007 Parliament granted the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency's budget for the financial year 2005 (6), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted that the implementation of the budget for the financial year 2005 was affected by delays in staff recruitment and that this situation had repercussions for the utilisation of appropriations for administrative expenditure,

                           —

                           noted that the documentation of transactions, a prerequisite for a valid system of internal control, showed some weaknesses and that files which relate to commitments and payments were often incomplete or confused,

                           —

                           noted further various shortcomings in public procurement management and insisted that the Agency had to comply with regulatory requirements;

         General points which relate to horizontal issues affecting the EU agencies and which therefore also have a bearing on the discharge procedure for each individual agency

               1.

               Notes that the budgets of the 24 agencies and other satellite bodies audited by the Court of Auditors totalled EUR 1 080,5 million in 2006 (the biggest being that of the European Agency for Reconstruction at EUR 271 million and the smallest being that of the European Police College (CEPOL) at EUR 5 million);

               2.

               Points out that the range of external EU bodies subject to audit and discharge now includes not only traditional regulatory agencies but also executive agencies set up to implement specific programmes, and will in the near future also extend to joint undertakings set up as public-private partnerships (joint technology initiatives);

               3.

               Observes as regards the Parliament that the number of agencies subject to the discharge procedure has evolved as follows: financial year 2000: 8; 2001: 10; 2002: 11; 2003: 14; 2004: 14; 2005: 16; 2006: 20 regulatory agencies and two executive agencies (not including two agencies which are audited by the Court of Auditors but subject to an internal discharge process);

               4.

               Concludes therefore that the auditing/discharge process has become cumbersome and disproportionate compared to the relative size of the agencies'/satellite bodies' budgets; instructs its competent committee to undertake a wide-ranging review of the discharge process as regards agencies and satellite bodies with a view to devising a simpler and more rational approach, bearing in mind the ever-growing number of bodies each requiring a separate discharge report in future years;

         Fundamental considerations

               5.

               Requests that the Commission provide clear explanations regarding the following elements before the creation of a new agency or reform of an existing agency: agency type, objectives of the agency, internal governance structure, products, services, key procedures, target group, clients and stakeholders of the agency, formal relationship with external actors, budget responsibility, financial planning, and personnel and staffing policy;

               6.

               Requests that each agency be governed by a yearly performance agreement which is formulated by the agency and the responsible DG and which should contain the main objectives for the coming year, a financial framework and clear indicators to measure performance;

               7.

               Requests that the performance of the agencies be regularly (and on an ad-hoc basis) audited by the Court of Auditors or another independent auditor; considers that this should not be limited to traditional elements of financial management and the proper use of public money, but should also cover administrative efficiency and effectiveness and should include a rating of the financial management of each agency;

               8.

               Takes the view that in the case of agencies which are continually overestimating their respective budget needs, technical abatement should be made on the basis of vacant posts; is of the opinion that this will lead in the long run to less assigned revenue for the agencies and therefore also to lower administrative costs;

               9.

               Notes that it is a serious problem that a number of agencies is criticised for not following rules on public procurement, the Financial Regulation, the Staff Regulations, etc.; considers that the principal reason for this is that most regulations and the Financial Regulation are designed for bigger institutions and that most of the small agencies do not have the critical mass to be able to cope with these regulatory requirements; therefore asks the Commission to look for a rapid solution in order to enhance the effectiveness by grouping the administrative functions of various agencies together, in order to achieve this critical mass (taking into consideration the necessary changes in the basic regulations governing the agencies and their budgetary independence), or urgently to draft specific rules for the agencies (in particular implementing rules for the agencies) which allow them to be in full compliance;

               10.

               Insists that the Commission, when drafting the Preliminary Draft Budget, take into consideration the results of budget implementation by the individual agencies in former years, in particular in year n-1, and revise the budget requested by the particular agency accordingly; invites its competent committee to respect this revision and, if not undertaken by the Commission, to revise itself the budget in question to a realistic level matching the absorption and implementation capacity of the agency in question;

               11.

               Recalls its decision on discharge in respect of the financial year 2005, in which it invited the Commission to present every five years a study on the added value of every existing agency; invites all relevant institutions in the case of a negative evaluation of the added value of an agency to take the necessary steps by reformulating the mandate of that agency or by closing it; notes that there has not been one single evaluation undertaken by the Commission in 2007; insists that the Commission should present at least five such evaluations before the decision on discharge in respect of the financial year 2007, starting with the oldest agencies;

               12.

               Is of the opinion that recommendations of the Court of Auditors should be promptly implemented and the level of subsidies paid to the agencies should be aligned with their real cash requirements; considers further that the amendments to the general Financial Regulation should be incorporated into the agencies' framework financial regulation and into their various specific financial regulations;

         Presentation of reporting data

               13.

               Notes that there is no standard approach among the agencies with regard to the presentation of their activities during the financial year in question and of their accounts and reports on budgetary and financial management, nor to the question as to whether a declaration of assurance should be drawn up by the agency's director; observes that not all agencies clearly distinguish between (a) presenting the agency's work to the public; and (b) technical reporting on budgetary and financial management;

               14.

               Notes that while the Commission's standing instructions for the preparation of activity reports do not expressly require the agency to draw up a declaration of assurance, many directors have none the less done so for 2006, in one case including an important reservation;

               15.

               Recalls paragraph 26 of its resolution of 12 April 2005 (7), inviting the directors of the agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

               16.

               Asks the Commission to amend its standing instructions to the agencies accordingly;

               17.

               Suggests in addition that the Commission should work with the agencies towards producing a harmonised model applicable to all agencies and satellite bodies clearly distinguishing between:

                           —

                           an annual report intended for a general readership on the body's operations, work and achievements,

                           —

                           financial statements and a report on implementation of the budget,

                           —

                           an activity report along the lines of the activity reports of the Directors-General of the Commission,

                           —

                           a declaration of assurance signed by the body's director, together with any reservations or observations which he considers it appropriate to draw to the attention of the discharge authority;

         General findings by the Court of Auditors

               18.

               Notes the Court's finding (Annual Report, paragraph 10.29 (8)) that the disbursement of subsidies paid by the Commission from the Community budget is not based on sufficiently justified estimates of the agencies' cash requirements and that this, combined with the size of carry-overs, leads them to hold sizeable cash balances; notes further the Court's recommendation that the level of subsidies paid to the agencies should be in line with their real cash requirements;

               19.

               Notes that at the end of 2006 14 agencies had still to implement the ABAC accounting system (Annual Report, footnote to paragraph 10.31);

               20.

               Notes the Court's remark (Annual Report, paragraph 1.25) concerning accrued charges for untaken leave which are accounted for by some agencies; points out that the Court of Auditors has qualified its statement of assurance in the case of three agencies (European Centre for the Development of Vocational Training (Cedefop), CEPOL and the European Railway Agency) for the financial year 2006 (2005: Cedefop, European Food Safety Authority, European Agency for Reconstruction);

         Internal audit

               21.

               Recalls that in accordance with Article 185(3) of the Financial Regulation the Internal Auditor of the Commission is also the internal auditor of the regulatory agencies receiving grants charged to the EU budget; points out that the Internal Auditor reports to each agency's management board and director;

               22.

               Draws attention to the reservation entered in the Internal Auditor's Annual Activity Report for 2006 as follows:
               ‘The Internal Auditor of the Commission is not in a position to properly fulfil his obligation assigned by Article 185 of the Financial Regulation as internal auditor of the Community bodies due to a lack of staff resources.’;

               23.

               Notes, however, the Internal Auditor's remark in his activity report for 2006 that as from 2007, with the additional staff resources granted by the Commission to the Internal Audit Service (IAS), all regulatory agencies in operation will be subject to internal audit work on an annual basis;

               24.

               Notes the ever-growing number of regulatory and executive agencies and joint undertakings required to be audited by the IAS under Article 185 of the Financial Regulation; asks the Commission to inform its competent committee as to whether the staff resources at the IAS's disposal will be sufficient to conduct an annual audit of all such bodies in the coming years;

               25.

               Observes that Article 72(5) of Regulation (EC, Euratom) No 2343/2002 requires each agency to send each year to the discharge authority and the Commission a report drawn up by its director summarising the number and type of internal audits conducted by the internal auditor, the recommendations made and the action taken on these recommendations; asks the agencies to indicate whether this is done and, if so, how;

               26.

               Takes note, as regards internal audit capability, especially in relation to the smaller agencies, of a proposal made by the Internal Auditor before Parliament's competent committee on 14 September 2006 that smaller agencies should be authorised to buy in internal audit services from the private sector;

         Evaluation of agencies

               27.

               Recalls the joint statement by the Parliament, the Council and the Commission (9) negotiated at the conciliation before the Ecofin budget Council of 13 July 2007 calling for (i) a list of agencies which the Commission intends to assess; and (ii) a list of the agencies already assessed, together with a summary of the major findings;

         Disciplinary procedures

               28.

               Notes that, because of their size, individual agencies have difficulty in setting up ad-hoc disciplinary boards composed of staff at the appropriate career grade and that the Commission's IDOC (Investigation and Disciplinary Office) is not competent for agencies; calls on the agencies to consider an inter-agency disciplinary board;

         Draft Interinstitutional Agreement

               29.

               Recalls the draft Interinstitutional Agreement on the operating framework for the European regulatory agencies presented by the Commission (COM(2005) 59), which was intended to create a horizontal framework for the creation, structure, operation, evaluation and control of the European regulatory agencies; notes that the draft represents a useful initiative in the effort to rationalise the creation and running of agencies; notes the statement in the Commission's 2006 synthesis report (paragraph 3.1, COM(2007) 274) that although progress in negotiations stalled after publication of the draft, discussions on substance were relaunched in the Council at the end of 2006; regrets that it has not been possible to make further progress towards adoption;

               30.

               Welcomes therefore the Commission's commitment to bring forward a communication on the future of the regulatory agencies during the course of 2008;

         Self-financed agencies

               31.

               Recalls that for the two self-financing agencies, discharge is given to the director by the administrative board; notes that both have significant accumulated surpluses from fee income carried over from previous years figures, as follows:

                           —

                           Office for Harmonization of the Internal Market cash and cash equivalents: EUR 281 million (10),

                           —

                           Community Plant Variety Office cash and cash equivalents: EUR 18 million (11);

         Specific points

               32.

               Notes that the Agency had EUR 44,738 million in commitment appropriations and EUR 44,738 million in payment appropriations from the general budget of the European Union for the financial year 2006;

               33.

               Expresses concern at the finding by the Court of Auditors in its 2006 report that more than 43 % of payment appropriations had to be cancelled at the end of the year 2006 and, in addition, that there was a concentration of transactions during the last quarter of the year so that the budgetary principle of accuracy was not strictly observed;

               34.

               Notes further the Court's finding that the procedures for establishing the budget and the establishment plan were not sufficiently rigorous and that this led to a high number of budgetary transfers, the inadequate planning of staff recruitment and incorrect budget presentation;

               35.

               Notes the low utilisation rate for payment appropriations for anti-polluting measures at sea (67,7 %), despite Parliament's continuing support for these measures in the process leading to the adoption of the budget; in view of the impossibility of providing in 2006 and 2007 an anti-pollution vessel to cover the Atlantic Arc area, comprising the Galician coasts and the Bay of Biscay, urges the Commission and the Agency to step up their efforts to achieve this objective in 2008 within the framework of Regulation (EC) No 2038/2006 of the European Parliament and of the Council of 18 December 2006 on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships (12);

               36.

               Recognises, however, as indicated in the Agency's replies, that the relocation of the Agency in 2006 from Brussels to Lisbon had budgetary implications which were difficult to predict, including the departure of almost 20 % of staff under contract;

               37.

               Notes with concern the Court's observations that some legal commitments were entered into before the corresponding budgetary commitment, and that some contracts were 100 % pre-financed;

               38.

               Invites the Agency to take urgent action to remedy the Court's finding that the Agency's inventory system is weak and its records do not allow all goods to be physically traced, and, in particular, that computer equipment is not recorded in the system;

               39.

               Points out that the Agency's balance sheet includes cash and cash equivalents of EUR 11,6 million and an accumulated surplus of EUR 7,18 million;

               40.

               Draws attention to the statement by the Agency's accounting officer in his report on budgetary and financial management that although the Agency's recruitment effort was particularly important during the whole of 2006, the establishment plan and its related budget execution suffered due to numerous staff resignations triggered by the move to Lisbon;

               41.

               Notes with interest from the report on budgetary and financial management that with a view to the phasing out of SI2 in 2007, the Agency requested to be the pilot project for the new generation of financial systems called ABAC (Accrual Based Accounting), and, since April 2006, the Agency has been using the same set of financial systems as the Commission in an outsourcing scheme, with all systems being hosted and maintained by the Commission's DG DIGIT;

               42.

               Believes that further investigations should be carried out into the feasibility of pooling systems and services between agencies, which could be of particular benefit to smaller agencies lacking critical mass or new agencies in the start-up phase;

               43.

               Notes the statement in the Agency's annual report that the reimbursement of the travel expenses of the growing number of participants at its meetings is a labour-intensive process and that it is currently improving the relevant procedures; asks the Court to look at the general question of the reimbursement by agencies of travel expenses in its next reports on the agencies.

      (1)  OJ C 261, 31.10.2007, p. 20.

      (2)  OJ C 309, 19.12.2007, p. 55.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 208, 5.8.2002, p. 1.

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

      (6)  OJ L 187, 15.7 2008, p. 149.

      (7)  Resolution of the European Parliament containing the comments accompanying the decision on the discharge to the Executive Director of the European Maritime Safety Agency in respect of the implementation of its budget for the financial year 2003 (OJ L 196, 27.7.2005, p. 139).

      (8)  OJ C 273, 15.11.2007, p. 1.

      (9)  Council document DS 605/1/07 Rev1.

      (10)  Source: report on the annual accounts of the Office for Harmonization in the Internal Market for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 141).

      (11)  Source: report on the annual accounts of the Community Plant Variety Office for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 135).

      (12)  OJ L 394, 30.12.2006, p. 1.


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31988D0356

88/356/EEC: Council Decision of 7 June 1988 accepting, on behalf of the Community, Annex E.4 to the International Convention on the Simplification and Harmonization of Customs Procedures

Official Journal L 161 , 28/06/1988 P. 0012 - 0015 Finnish special edition: Chapter 11 Volume 14 P. 0090  Swedish special edition: Chapter 11 Volume 14 P. 0090

COUNCIL DECISION of 7 June 1988 accepting, on behalf of the Community, Annex E.4 to the International Convention on the Simplification and Harmonization of Customs Procedures (88/356/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 28, 43, 113 and 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas, by Decision 75/199/EEC (2), the Community concluded the International Convention on the Simplification and Harmonization of Customs Procedures;  Whereas the acceptance of the Annexes to the International Convention on the Simplification and Harmonization of Customs Procedures effectively contributes to the development and easing of international trade in goods;  Whereas Annex E.4 concerning drawback may be accepted by the Community;  Whereas acceptance should, however, be accompanied by certain reservations to take account of the specific requirements of the customs union and the stage currently reached in the harmonization of customs legislation,  HAS DECIDED AS FOLLOWS:    Article 1 Annex E.4 to the International Convention on the Simplification and Harmonization of Customs Procedures, concerning drawback, is hereby accepted on behalf of the Community, subject to a reservation of a general nature and a reservation with  regard to Standard 5.  The text of Annex E.4, together with the reservations, is attached to this Decision.  Article 2 The President of the Council shall designate the person empowered to notify the Secretary-General of the Customs Cooperation Council of the acceptance by the Community, subject to the reservations referred to in Article 1, of the Annex  referred to in Article 1.   Done at Luxembourg, 7 June 1988.  For the Council The President M. BANGEMANN  (1) OJ No C 167, 27. 6. 1988. (2) OJ No L 100, 21. 4. 1975, p. 1.


Avis juridique important

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31996D0377

96/377/EC, ECSC, Euratom: European Parliament Decision of 17 April 1996 giving discharge to the Commission in respect of the implementation of the general budget of the European Union for the 1994 financial year as regards Sections I - Parliament, II - Council, III - Commission, IV - Court of Justice, V - Court of Auditors and VI - Economic and Social Committee/Committee of the Regions

Official Journal L 148 , 21/06/1996 P. 0041 - 0049

EUROPEAN PARLIAMENT DECISION of 17 April 1996 giving discharge to the Commission in respect of the implementation of the general budget of the European Union for the 1994 financial year as regards Sections I - Parliament, II - Council, III - Commission, IV - Court of Justice, V - Court of Auditors and VI - Economic and Social Committee/Committee of the Regions (96/377/ECSC, EC, Euratom)THE EUROPEAN PARLIAMENT,- Having regard to the ECSC Treaty, and in particular Article 78g thereof,- Having regard to the EC Treaty, and in particular Article 206 thereof,- Having regard to the EAEC Treaty, and in particular Article 180b thereof,- Having regard to the budget for the 1994 financial year,- Having regard to the revenue and expenditure accounts and the financial statement of the European Communities for the 1994 financial year (SEC(95) 252-255),- Having regard to the report of the Court of Auditors for the 1994 financial year and the replies of the institutions (1),- Having regard to the Statement of Assurance concerning activities financed from the general budget for the financial year 1994 and the relevant special report (2),- Having regard to the Council recommendation of 11 March 1996 (C4-0200/96),- Having regard to the report of the Committee on Budgetary Control and the opinions of the Committees on Research, Technological Development and Energy, on External Economic Relations, on Social Affairs and Employment, on Regional Policy, on Culture, Youth, Education, and the Media, on Development and Cooperation, on Women's Rights, on the Environment, Public Health and Consumer Protection, on Transport and Tourism and on Fisheries (A4-0098/96),1. Notes that the authorized revenue and expenditure for the 1994 financial year amounted to:>TABLE>2. Gives the Commission discharge in respect of the implementation of the following amounts:>TABLE>3. Accepts that final checks still have to be made of EAGGF expenditure reported by the Member States and that corrections to the figures may yet have to be made;4. Reserves, therefore, the right to re-examine the amounts above in so far as they relate to expenditure in the EAGGF Guarantee Section in the light of the clearance of accounts decision for the 1994 financial year, which shall be forwarded to the European Parliament for a decision complementary to this discharge decision;5. Records its comments in the resolution which forms an integral part of this decision;6. Instructs its President to forward this decision and the resolution containing its comments to the Commission, the Council, the Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions and the 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 C 303, 14. 11. 1995.(2) OJ No C 352, 30. 12. 1995, pp. 5 and 11.