title: 2004/519/EC:Council Decision of 14 June 2004 on the principles, priorities and conditions contained in the European Partnership with Albania

text:
               24.6.2004

               EN

               Official Journal of the European Union

               L 223/20

      COUNCIL DECISION

   of 14 June 2004
   on the principles, priorities and conditions contained in the European Partnership with Albania
   (2004/519/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of European Partnerships in the framework of the stabilisation and association process (1) particular to Article 2 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Thessaloniki European Council of 19 and 20 June 2003 endorsed the ‘Thessaloniki Agenda for the western Balkans: moving towards European integration’ where the drawing up of European partnerships is mentioned as one of the means to intensify the stabilisation and association process.

               (2)

               Regulation (EC) No 533/2004 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities and conditions to be contained in the European partnerships, as well as any subsequent adjustments. It also states that the follow up of the implementation of the European partnerships will be ensured through the mechanisms established under the stabilisation and association process, notably the Annual Reports.

               (3)

               The 2004 Commission's Annual Report presents an analysis of Albania's preparations for further integration into the European Union and identifies a number of priority areas for further work.

               (4)

               In order to prepare for further integration into the European Union, Albania should develop a plan with a timetable and details in terms of measures Albania intends to take to this end,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In accordance with Article 1 of Regulation (EC) No 533/2004, the principles, priorities and conditions in the European Partnership with Albania are set out in the Annex hereto, which forms an integral part of this Decision.
   Article 2
   The implementation of the European Partnership shall be examined through the mechanisms established under the stabilisation and association process.
   Article 3
   This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

      Done at Luxembourg, 14 June 2004.

            For the Council

            The President

         B. COWEN

      (1)  OJ L 86, 24.3.2004, p. 1.

      ANNEX
      1.   INTRODUCTION
      The Thessaloniki Agenda identifies ways and means of intensifying the stabilisation and association process (SAP), inter alia, through the introduction of European partnerships.
      Based on the Commission's Annual Report, the purpose of the European Partnership with Albania is to identify priorities for action in order to support efforts to move closer to the European Union within a coherent framework. The priorities are adapted to Albania's specific needs and stage of preparation and will be updated as necessary. The European Partnership also provides guidance for financial assistance to Albania.
      It is expected that Albania will adopt a plan including a timetable and details in terms of how they intend to address the European partnership priorities. The plan should also indicate ways to pursue the Thessaloniki agenda, the priorities on fighting organised crime and corruption identified at the 2002 London Conference and at the Ministerial meeting held in Brussels on 28 November 2003 in the framework of the EU-western Balkans Forum and the measures presented by each of the western Balkan countries at the meeting of 5 November 2003 in Belgrade as a follow-up to the Ohrid Conference on integrated border management.
      2.   PRINCIPLES
      The SAP remains the framework for the European course of the western Balkan countries, all the way to their future accession.
      The main priorities identified for Albania relate to its capacity to meet the criteria set by the Copenhagen European Council of 1993 and the conditions set for the SAP, notably the conditions defined by the Council in its Conclusions of 29 April 1997 and 21 and 22 June 1999, the content of the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda.
      3.   PRIORITIES
      The Commission's Annual Report assesses progress made and notes areas where the country needs to increase its efforts. The priorities listed in this European partnerships have been selected on the basis that it is realistic to expect that Albania can complete them or take them substantially forward over the next years. A distinction is made between short-term priorities, which are expected to be accomplished within one to two years, and medium-term priorities, which are expected to be accomplished within three to four years.
      The European Partnership indicates the main priority areas for Albania's preparations for further integration into the European Union, based on the analysis in the 2004 Annual Report. It should be recalled that where legislative approximation is concerned, incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to prepare to its full implementation.
      3.1.   SHORT-TERM
      Political situation
      Democracy and rule of Law
      Focus on reforms and ensure proper functioning of democratic institutions— Ensure a political focus on the implementation of the reforms necessary for progress within the SAP. Improve the rules governing parliamentary committees and investigative parliamentary commissions. Fully adhere to the Constitution and respect and implement the decisions of the Constitutional Court. Encourage the development of civil society and its active participation in the decision-making process.
      Improve the functioning of the public administration— Ensure enforcement of the Civil Service Law and take steps towards its improvement. Take measures to prevent undue political interference in the functioning of the public administration. Produce clear guidelines as regards recruitment, transfer and dismissal for all civil servants, and implement them. Ensure that the Civil Service Commission fulfils its duties in accordance with the law. Strengthen the function of the Secretary General in the line Ministries, Council of Ministers and Assembly. Improve coordination between the line Ministries and the Ministry of European Integration. Strengthen the financial sustainability of the Training Institute for Public Administration and its training capacities. Prepare tailor-made training programmes for local administrations. Ensure that the planned review of existing Albanian territorial units as well as the establishment of new territorial divisions is carried out properly, with the involvement of all stakeholders.
      Prepare the next parliamentary and local elections properly and in time— Implement in time the OSCE/Office for democratic institutions and human rights (ODIHR) recommendations issued following the 2003 local elections.
      Strengthen the judicial system— Take measures to increase transparency and to improve management in the criminal and civil justice process. Foster the status of judges, and their independence and protection within the Constitution. Ensure that the right to initial and vocational training for judges and prosecutors is enshrined in the status of judges. Ensure efficient functioning of the ‘Serious Crimes Court’. Guarantee that judges and prosecutors are selected and appointed through competitive examinations, in conformity with the Constitution and the law. Further guarantee that judges and prosecutors are promoted with adequate safeguards and through impartial procedures. Improve the functioning of inspectorates of both the High Council of Justice and the General Prosecution Office, and ensure that there is no impunity for judges and prosecutors; provide clear guidelines for the roles of separate inspectorates in the Ministry of Justice and High Council of Justice. Adopt adequate legislation on witness protection. Achieve a continuous increase in the execution rate of court sentences. Develop a sound medium/long term strategic plan for the School of Magistrates with the objective of enhancing both its operation and financial sustainability. Ensure a proper follow up (investigation and possible prosecution) to public allegations of criminal behaviour against specified persons.
      Improve the fight against corruption— Adopt the necessary legislation in order to harmonise the Albanian legal framework with European conventions on corruption (in criminal and civil matters) ratified by Albania. Improve the existing legislation on bribery and implement it. Ensure enforcement of the Law on Declaration of Assets. Implement the 2003 and 2004 Anti-corruption Action Plan, and ensure that the next 2004 and 2005 Plan includes realistic, precise and measurable anti-corruption measures. Strengthen the institutional capacity to investigate and prosecute corruption; ensure that the Specialised Unit attached to the Tirana Prosecution Office (dealing with financial crimes in general) also covers corruption cases. Reduce the list of officials covered by immunity, and grant immunity in strict compliance with international rules and practices.
      Human Rights and Protection of minorities
      Improve the respect for human rights by law enforcement bodies— Ensure that police, judges, prosecutors and other law enforcement bodies are fully aware of their obligations in terms of human rights, and that they implement them in accordance with international conventions ratified by Albania, and in particular the European Convention on Human Rights. Address cases of ill-treatment by law enforcement bodies through effective prosecution of perpetrators. Improve conditions of detainees and prisoners on remand in police stations and take steps towards meeting international requirements in this area.
      Guarantee freedom of expression and media— Take measures to prevent the harassment and/or undue political interference with the press. Bring Albania's legislation on defamation into line with EU standards, and implement it. Adopt adequate legislation for the print media and improve the legislation available to the electronic media, taking into account EU standards. Take measures to ensure transparency regarding media ownership. Ensure the independence of the media regulatory body, namely the National Council on Radio and Television. Finalise the national plan for radio and television frequencies. Encourage investigative journalism, and take measures to support the independence and professionalism of journalists.
      Ensure respect of minority rights— Provide accurate data on the size of minorities in Albania. Improve the legal framework on minorities so that it meets the requirements of the Council of Europe Framework Convention on National Minorities, and ensure its implementation throughout the whole Albanian territory. Implement the National Strategy for the Roma.
      Regional and international cooperation
      Strengthen regional cooperation— Comply with SAP requirements and Thessaloniki commitments in terms of regional cooperation. Ensure implementation of all regional free trade agreements concluded in the framework of the 2001 Memorandum of Understanding for Trade Facilitation under the Stability Pact.
      Implement international obligations— Regularise Albania's position as regards compliance with its WTO commitments. Once the situation is regularised, ensure implementation of the revised schedule without further derogations. Guarantee respect of commitments undertaken by Albania in the framework of EU relations.
      Economic Situation
      Free Market Economy and Structural Reforms
      Ensure sustained macro-economic stability— Maintain a stable macroeconomic framework in the context of the International Monetary Fund programme. Demonstrate compliance with International Financial Institutions (IFIs) recommendations.
      Improve the business environment— Implement the Action Plan for the removal of administrative barriers to investment and for simplification of administrative procedures. Adopt improved commercial legislation. Establish clear rules and procedures regarding conditions for establishment, registration and operation of national and foreign companies, and ensure that they are compatible with the Stabilisation and Association Agreement (SAA) requirements. Ensure proper, non-discretionary, non-discriminatory implementation of business-related legislation, rules and procedures. Implement the European Charter for Small and Medium Enterprises, in particular the targets set for 2004. Ensure that the SME Agency is fully operational. Reform pre-paid tax system to make it less unfavourable for starting up companies. Continue preparation of national guarantee fund. Spread company registration possibilities throughout the country.
      Develop a stable and functioning land/real estate market— Adopt new legislation on the restitution/compensation of properties confiscated during the communist period. Ensure that this legislation provides a satisfactory answer to the vast majority of claims and take, in close cooperation with all relevant political actors and owner's associations, the necessary steps to ensure its implementation. In particular, provide all data necessary to determine the land available for restitution or compensation, identify clearly the outstanding restitution claims, and develop a credible financing plan ensuring coverage of possible compensation costs.
      Promote employment and social cohesion— Develop, with the involvement of all relevant actors, a strategy to promote employment and social cohesion, and start the strategy's implementation. Take measures to improve social protection systems and social standards, and to combat social exclusion and discrimination. Respect core labour standards and their effective enforcement.
      Management of public finances
      Improve public finance management— Improve budgeting procedures through realistic revenue estimates, better prioritisation of expenditure and strengthened links between policy objectives and budget planning. Develop a comprehensive socio-economic strategy, encompassing the current national strategy for social and economic development and the medium term expenditure framework, to which all financial assistance could then be linked; in this context, ensure that SAP priorities are duly taken into account.
      Develop a comprehensive public internal financial control strategy paper, taking into account EU requirements.
      Enforce the Law on Internal Audit. Ensure the adequate functioning of the State Audit Institution, including follow-up of its findings and recommendations, as well as the prosecution of criminal cases.
      EU standards
      Internal market and trade
      Movement of goods— Make further progress in adopting EU Standards. Adopt the draft decree on the organisation and functioning of the Accreditation Directorate, and ensure that the split of the function of accreditation from those of standardisation and certification takes place. Take measures to increase the awareness of economic operators in relation to these concepts, as well as to their importance in international trade.
      Improve phyto-sanitary and veterinary conditions in compliance with EU requirements, notably as regards those products which have a strong export potential.
      Customs— Stabilise and improve all aspects of the administrative capacity of the Albanian customs administration. In particular ensure the stability of the staffing and manage human resources in strict compliance with the relevant legislation. Strengthen the customs departments involved in the implementation of trade agreements, in particular the department responsible for the origin of goods. Strengthen administrative cooperation in the customs sector. Ensure that rules and procedures regarding transit, valuation, customs warehouses, risk assessment and selectivity, and auditing (internal and external) are implemented in accordance with EU standards and, where relevant, international conventions. Ensure that the customs administration performs its revenue collection obligation in compliance with the law. Take concrete measures to improve the fight against smuggling and trafficking. Implement the ASYCUDA system in Tirana's Customs House and Durres port. Ensure the non-discriminatory application of customs legislation, rules and procedures throughout the whole country.
      Taxation— Start reviewing the present tax legislation and administrative procedures, and ensure effective and non-discriminatory enforcement of tax legislation. Intensify the fight against fiscal fraud. Proceed with the ongoing reform of the tax administration, including the development/extension of an integrated computerised system. Settle all outstanding claims regarding tax exoneration for EU-financed projects and establish an efficient system to ensure actual tax exemption for EU-financed projects in accordance with the 1992 Framework Agreement.
      Competition and State aid— Adopt the implementing rules necessary for the implementation of the new Competition Law and start implementing it. Prepare for the establishment of an independent competition authority, including through the strengthening of administrative capacity. Promote competition policy by fostering liberalisation, improving public procurement practices, ensuring a pro-competitive approach to privatisation. Adopt the necessary legal framework for State aids and promote transparency and basic enforcement of the State aid principles.
      Public procurement— Enforce current public procurement legislation and take steps in order to approximate this legislation to EU standards. Avoid derogations to the principle of open tender, and ensure strict implementation of tendering procedures. Strengthen the Public Procurement Agency as well as public procurement entities in line ministries. Take measures to guarantee adequate treatment of complaints.
      Intellectual property rights (IPR)— Adopt new legislation on industrial property. Accede to the International Convention for the Protection of New Varieties of Plants. Adopt the necessary legislation and strengthen administrative capacity in order to improve copyright protection. Take steps to further increase the awareness of economic operators, law enforcement bodies and the judiciary in relation to intellectual, commercial and property rights. Take measures to improve IPR enforcement.
      Sectoral policies
      Environment— Start addressing toxic hotspots in Durres and Vlora, and the issue of radioactive waste in Tirana and Fier. Ensure enforcement of legislation on environmental impact assessment and eco-taxes. Improve coordination between the Ministry of Environment and other administrations dealing with environmental issues. Accelerate implementation of the National Strategy of Water Supply and Sanitation, and the Rural Strategy of Water Supply and Sewerage.
      Energy— Implement the 2003 to 2005 Action Plan and start implementing the Albanian Energy Strategy. Implement the commitments undertaken in the framework of the 2003 Athens Memorandum of Understanding on the Regional Energy Market in SEE.
      Telecommunications— Ensure that the electronic communications sector is liberalised effectively including the strengthening of regulatory bodies and the adoption of suitable laws and policies for the sector.
      Cooperation in justice and home affairs
      Border management— As a follow-up to the Ohrid regional conference on border security and management in May 2003, implement the measures that have been adopted by the Government and presented at the meeting of JHA ministers within the EU-western Balkans Forum in November 2003. Develop an Integrated Border Management Strategy (IBM) in compliance with EU requirements. Strengthen law enforcement bodies responsible for border management, and upgrade management standards. Establish an adequate risk-analysis system, in order to improve border management at border-crossing points and ‘green’ and ‘blue’ borders. Increase cooperation with neighbouring countries, as well as collaboration between national law enforcement bodies involved in border management, at the border and in connection with subsequent control activities. Improve equipment and skills of Albanian law enforcement bodies in order to ensure the identification of forged/false travel documents. Take the necessary measures, in cooperation with relevant international actors, to ensure proper standards of security, management and control at Tirana international airport.
      Migration and asylum policies— Adopt and start implementing the National Strategy for Migration. Ensure that the necessary procedures to sign and ratify the EC/Albania Readmission Agreement are completed as soon as possible in 2004.
      Formally adopt the National Action Plan on Asylum. Address the remaining gaps in Albania's asylum-related legislation. Implement, especially in border areas, the ‘pre screening’ system to classify persons in irregular situations within the Albanian territory. Respect the non-refoulement principle. Ensure that the processing of asylum claims is carried out in accordance with the law, and that time limits are respected.
      Police— Fully implement the law on police ranks. Develop and start implementing a transparent system of discipline and promotion. Improve police investigative skills. Establish a consolidated manual of procedures for all the criminal police officers. Establish clear rules in order to ensure adequate collaboration between various police units and the prosecutor's office. Strengthen community policing. Ensure prosecution of police officers involved in corruption and other criminal activities.
      Organised crime, trafficking, drugs, money laundering and terrorism— Implement the action-oriented measures against organised crime that have been adopted by the Government and presented at the EU-western Balkans JHA Ministerial meeting of November 2003. Ensure that Albanian legislation clearly defines the concept of ‘organised crime’, consistent with EU legislation and generally accepted international standards. Adopt and implement legislation on stolen goods, taking into account international standards and covering also goods stolen abroad. Ensure collaboration and information exchange between law enforcement bodies, state ministries and legislators involved in fighting organised crime. Within the limits of the law and in full respect of international standards, extend the use of special investigative means to all organised crime-related areas. Implement the Anti-trafficking Strategy adopted in 2003. Take the necessary steps to prepare for the conclusion of an agreement with Europol. Take the necessary measures to allow bilateral extradition agreements with EU Member States.
      Enforce existing drugs-related legislation. Ensure sustained efforts in the fight against the cultivation and trafficking of cannabis. Prepare a National Strategy on Drugs in compliance with the EU Drugs Strategy and Action Plan.
      Strengthen the capacity of institutions responsible for fighting money laundering; ensure adequate collaboration between these institutions, establish efficient working procedures and develop an appropriate case management system. Enforce existing money laundering legislation.
      Increase international cooperation and implement relevant international conventions on terrorism. Improve cooperation and exchange of information between police and intelligence services within the State and with other States. Prevent the financing and preparation of acts of terrorism.
      3.2.   MEDIUM TERM PRIORITIES
      Political situation
      Democracy and rule of Law
      Further improve the functioning of the public administration— Ensure that the sectors of the administration responsible for the implementation of SAA provisions, as well as those involved in the implementation of EU financial assistance, are adequately trained and equipped to carry out their duties. Ensure that civil service legislation and related procedures, including in terms of career development, are improved in line with the requirements of a modern public administration, and that they are strictly implemented to support the development of a well-prepared, professional, transparent and stable administration. Ensure that local administrations are in the position to implement decentralised policies.
      Carry out the next Parliamentary and local elections in accordance with international standards
      Further strengthen the judicial system— Ensure prosecution of serious crimes, especially organised crime, with particular attention to cross-border cooperation mechanisms; successful prosecution should be reflected in a tangible and significant increase in the number of successful convictions of perpetrators of serious crimes, receiving appropriate sentences. Substantially reduce the current backlog and ensure the timely execution of court sentences. Ensure broad publication of court decisions. Ensure continued and adequate training of judges and prosecutors, including in human rights, ethics and commercial matters and SAA-related issues. Enforce legislation on witness protection. Further strengthen the independence of the Judiciary by effectively transferring the inspection of the judicial activities of judges from the Ministry of Justice to the High Council of Justice
      Further improve the fight against corruption and organised crime— Implement European Conventions on Corruption (in criminal and civil matters) ratified by Albania, as well as the Group of States against Corruption (GRECO) recommendations. Achieve significant results in the fight against corruption, at all levels and in all fields, through enforcement of adequate legislation. Facilitate the placement of liaison officers, seconded by EU Member States in the relevant state bodies involved in the fight against organised crime. Provide six-monthly reports to the EU on tangible results achieved in the judicial pursuit of organised crime related activities under the terms of the United Nations Convention on trans-national organised crime, known as the Palermo Convention.
      Human rights and protection of minorities
      Ensure the respect of human rights by law enforcement bodies— Ensure that detainees and prisoners on remand are treated in accordance with international standards. Guarantee that human dignity and personal safety is respected in detention centres, prisons and mental institutions, in accordance with international conventions. Establish an adequate juvenile justice system. Ensure compliance with the Council of Europe Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment.
      Ensure freedom of expression and media— Enforce new legislation for printed and electronic media taking into account EU standards. Ensure that TV frequency allocation is carried out in a fair and non-discriminatory manner, in accordance with the National Plan, and that requirements are fully respected by broadcasters. Complete the transition of the Albanian RTV from a state television company to a neutral public service broadcaster. Encourage continued improvement of the quality of journalism.
      Regional and international cooperation
      Strengthen regional cooperation— Conclude and implement a set of agreements with neighbouring countries in the fields of organised crime, border management and readmission. Implement the Memorandum of Understanding of the South East Europe Core Regional Transport Network. Continue the implementation of the commitments undertaken in the framework of the 2003 Athens Memorandum of Understanding on the Regional Energy Market and make progress regarding the establishment of this market. Ensure adequate regional cooperation on environmental issues.
      Implement international obligations— Fully Implement international agreements and conventions ratified by Albania, in particular conventions in the fields of justice and home affairs, human and minority rights, and trade.
      Economic situation
      Free market economy and structural reforms
      Complete the privatisation process— in particular by privatising INSIG (financial sector), Albtelecom (telecommunications sector), Servcom, Albpetrol, Armo and KESH (energy sector).
      Further improve business environment— Enforce improved commercial legislation. Ensure that judges are well trained on commercial and corporate legislation. Achieve significant results in terms of fighting fraud and corruption. Put in place a strategy to combat informal economy in order to guarantee, amongst other things, fair competition between companies.
      Achieve a functioning land/real estate market— Enforce legislation on restitution/compensation of properties confiscated during the communist period. Complete land mapping and the process of land registration. Ensure that transfers of property are carried out in accordance with the law, and take measures aimed at the proper functioning of all bodies involved in the process (notaries, property register, etc.). Ensure that provisions in relation to land classification and the use of land are respected. Develop and adopt legislation for the taxation of land and real estate.
      Management of public finances
      Further improve public finance management— Implement the Public Internal Financial Control Strategy. Further strengthen external audit and ensure that both, financial control management and internal audit, function properly. Establish effective procedures for the detection, treatment and follow-up of cases of (suspected) fraud and other irregularities affecting national and international funds.
      EU standards
      Internal market and trade
      Movement of goods— Ensure administrative capacity to implement SAA requirements. Make further progress in adopting EU Standards. Establish a market surveillance system. Ensure improved functioning, taking into account EU practices, of the bodies responsible for standardisation, accreditation and certification, as well as those responsible for metrology and calibration.
      Achieve substantial improvement in terms of food safety and phyto-sanitary and veterinary conditions, in compliance with EU requirements.
      Customs— Ensure administrative capacity to implement SAA requirements. Ensure substantial alignment of customs legislation and procedures, and their implementation, to EU legislation and procedures. Guarantee proper implementation of rules of origin. Continue to ensure stability of staffing within the customs administration and to improve efficiency in its management. Increase results in the fight against fraud, smuggling and trafficking, and reduce significantly those cases involving customs officials engaging in illegal activities. Complete the implementation of ASYCUDA throughout the country and continue computerisation efforts.
      Taxation— Continue strengthening the tax administration. Ensure full and efficient implementation of the VAT system. Improve communication with taxpayers, and simplify tax structure and procedures, including refund procedures. Provide all taxpayers with a unique identification number for fiscal purposes. Continue to strengthen tax collection and control and develop an audit strategy.
      Competition and State aid— In line with SAA requirements, establish an independent competition authority. Enforce competition legislation, and prepare for the establishment of an operationally independent State aid structure. Strengthen structures responsible for State aids and ensure progress towards both the completion of a comprehensive State aid inventory and the production of GDP data at NUTS II level.
      Public procurement— Ensure substantial alignment of Albania's legal framework with EU acquis. Achieve fully operational public procurement structures, ensuring strict operation of public procurement procedures in compliance with the law and SAA requirements.
      Intellectual property rights (IPR)— Properly implement international conventions ratified in the field of intellectual, commercial and industrial property rights. Ensure a high degree of protection for IPR, and achieve results in the fight against piracy and counterfeiting. Guarantee sufficient administrative capacity in order to comply with SAA requirements in this area.
      Sectoral policies
      Environment— Continue efforts to address toxic hotspots. Reduce the levels of dust and air pollution in urban areas. Reduce pollution produced by the Balsh refinery, including the discharge into the Gjanica River, and take measures to tackle water pollution in general. Continue to implement regional and international commitments in this area. Strengthen environmental monitoring and ensure sufficiently dissuasive sanctions against polluters. Ensure implementation of the National Strategy of Water Supply and Sanitation, and the Rural Strategy of Water Supply and Sewerage. Develop and start implementing a strategy for progressive alignment to the acquis in this area.
      Public Health— Strengthen surveillance and notification systems for communicable diseases. Facilitate closer cooperation with the public health networks.
      Transport— Implement the transport master plan. Continue efforts to complete the East West and North-South corridors. Make substantial progress on the rehabilitation of Tirana airport and the ports of Durres and Vlora, including in ensuring improved security and border management. Complete the privatisation of Durres port. Achieve improved results in terms of road safety, and take additional steps for further improvement. Implement the Memorandum of Understanding of the South East Europe Core Regional Transport Network.
      Energy— Continue to ensure the proper implementation of Action Plans in relation to the electricity sector, and further progress with the implementation of the Albanian Energy Strategy. Ensure timely implementation of the various projects aimed at the improvement of infrastructure for electricity production, transmission and distribution. Continue to implement regional and international commitments in this area in view of establishing a competitive regional energy market.
      Telecommunications— Transpose and implement the new EU framework for electronic communications.
      Cooperation in Justice and Home Affairs
      Border management— Implement the IBM and all international commitments undertaken by Albania in the area of border management. Implement risk analysis in relation to border management efficiently. Continue to strengthen border management capacities; in particular, ensure that border management at Tirana international airport, and at Durres and Vlora ports, complies with international standards. Ensure improved security features of new Albanian travel documents. Achieve significant results in the de-mining process.
      Migration and asylum policies— Implement Albania's National Strategy on Migration. Ensure that Albania is in the position to meet SAA requirements regarding EU citizens working and/or residing in Albania. Ensure the enforcement of all readmission agreements that Albania has concluded; attempt to conclude readmission agreements with all countries of the region and with the countries of origin of migrants transiting through Albania. Progressively conclude, ratify and implement all of the main international conventions in the field of migration.
      Implement the Albanian National Action Plan on Asylum. Enforce asylum-related legislation and establish a fully-fledged asylum system, in compliance with international standards.
      Police— Continue to strengthen all police forces, most notably through adequate training and equipment. Ensure functioning of a proper case management system, so that there is a well documented process of tracking cases from initial report to conclusion. Achieve significant results in the fight against criminality, and in reducing corruption and other criminal behaviour within police ranks.
      Organised crime, trafficking, drugs, money laundering and terrorism— Further increase international cooperation. Achieve significant results in the rate, number and quality of prosecutions in relation to offences connected with organised crime and trafficking, as well as in terms of the seizure of proceedings from crime.
      Implement the National Strategy on Drugs. Ensure substantially improved results as regards the fight against drugs trafficking, especially hard drugs such as heroine and cocaine.
      Reinforce the fight against economic and financial crime (including money-laundering and counterfeiting of currencies). Establish an inter-ministerial agency for the purpose of seizing proceedings from crime. Achieve tangible results in the fight against money laundering, both within and outside the financial sector.
      4.   PROGRAMMING
      Community assistance under the stabilisation and association process to the western Balkan countries will be provided by the relevant financial instruments, and in particular by Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia (1); accordingly, this Decision will have no financial implications. In addition Albania will have access to funding from multi-country and horizontal programmes. The Commission is working with the European Investment Bank and the IFIs, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitate the co-financing of projects relating to the SAP.
      5.   CONDITIONALITY
      Community assistance under the SAP to the western Balkan countries is conditional on further progress in satisfying the Copenhagen political criteria. Failure to respect these general conditions could lead the Council to take appropriate measures on the basis of Article 5 of Regulation (EC) No 2666/2000.
      Community assistance shall also be subject to the conditions defined by the Council in its Conclusions of 29 April 1997, in particular as regards the recipient's undertaking to carry out democratic, economic and institutional reforms, taking into account the priorities set out in this European Partnership.
      6.   MONITORING
      The follow-up of the European Partnership is ensured through the mechanisms established under the SAP, notably the Annual Report on the SAP.

         (1)  OJ L 306, 7.12.2000, p. 1. Regulation as amended by Regulation (EC) No 2415/2001 (OJ L 327, 12.12.2001, p. 3).


title: 2006/378/EC: Council Decision of  10 April 2006 concerning the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the State of Israel, 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:
               2.6.2006

               EN

               Official Journal of the European Union

               L 149/31

      COUNCIL DECISION

   of 10 April 2006
   concerning the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the State of Israel, 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
   (2006/378/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   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 2003 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament (1),
   Whereas:

               (1)

               The Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the State of Israel, 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, was signed on behalf of the European Community and its Member States on 23 February 2006.

               (2)

               The Protocol should be approved,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the State of Israel, 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 and its Member States.
   The text of the Protocol is attached to this Decision (2).

      Done at Luxembourg, 10 April 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  Delivered on 23 March 2006 (not yet published in the Official Journal).

      (2)  See page 2 of this Official Journal.


title: 2008/803/EC: Commission Decision of 14 October 2008 providing for the initiation of an investigation pursuant to Article 18(2) of Council Regulation (EC) No 980/2005 with respect to the effective implementation of certain human rights conventions in Sri Lanka

text:
               18.10.2008

               EN

               Official Journal of the European Union

               L 277/34

      COMMISSION DECISION

   of 14 October 2008
   providing for the initiation of an investigation pursuant to Article 18(2) of Council Regulation (EC) No 980/2005 with respect to the effective implementation of certain human rights conventions in Sri Lanka
   (2008/803/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1), and in particular Article 18(2) thereof,
   After consulting the Generalised Preferences Committee,
   Whereas:

               (1)

               Reports, statements and information of the United Nations (UN) available to the Commission, including the report of the Special Rapporteur on Extrajudicial Executions of 27 March 2006, the statement of the Special Advisor to the Special Representative for Children and Armed Conflict of 13 November 2006 and the statement of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment, of 29 October 2007, as well as other publicly available reports and information from other relevant sources, including non-governmental organisations, indicate that the national legislation of the Democratic Socialist Republic of Sri Lanka incorporating international human rights conventions, in particular the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child, is not being effectively implemented.

               (2)

               The International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child, are listed as core human rights conventions respectively in points 1, 5 and 6 of Annex III, Part A, of Regulation (EC) No 980/2005.

               (3)

               Article 16(2) of Regulation (EC) 980/2005 provides for the temporary withdrawal of the special incentive arrangement referred to in Section 2 of Chapter II of that Regulation, if the national legislation incorporating those conventions referred to in Annex III of the Regulation which have been ratified in fulfilment of the requirements of Article 9(1) and (2) is not effectively implemented.

               (4)

               The Commission has examined the information received and found that it constitutes sufficient grounds for the opening of an investigation with the objective of determining whether the legislation of Sri Lanka on the recognition and protection of fundamental human rights is effectively implemented. This would further allow to determine whether a temporary withdrawal of the special incentive arrangement is justified.

               (5)

               Consultations with the Generalised Preferences Committee were held on 23 September 2008,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Commission shall initiate an investigation in order to establish whether the national legislation of the Democratic Socialist Republic of Sri Lanka incorporating the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child is effectively implemented.

      Done at Brussels, 14 October 2008.

            For the Commission

         Catherine ASHTON

            Member of the Commission

      (1)  OJ L 169, 30.6.2005, p. 1.


title: Decision No 581 of 2 July 2009 on the opening of a procedure for granting authorisation for exploration of oil and natural gas — underground natural resources in accordance with Article 2, paragraph 1, section 3 of the Underground Natural Resources Act, at Block Kilifarevo , located in the territory of North Central Bulgaria and notification of a tendering procedure for the granting of authorisation

text:
               8.10.2009

               EN

               Official Journal of the European Union

               C 241/24

      DECISION No 581
   of 2 July 2009
   on the opening of a procedure for granting authorisation for exploration of oil and natural gas — underground natural resources in accordance with Article 2, paragraph 1, section 3 of the Underground Natural Resources Act, at Block ‘Kilifarevo’, located in the territory of North Central Bulgaria and notification of a tendering procedure for the granting of authorisation
   2009/C 241/11
   REPUBLIC OF BULGARIA
   COUNCIL OF MINISTERS
   Pursuant to Article 42, paragraph 1, section 1 and Article 44, paragraph 3 in conjunction with Article 5, section 2 and Article 7, paragraph 1, section 9 of the Underground Natural Resources Act,
   THE COUNCIL OF MINISTERS HAS DECIDED:

               1.

               To open a procedure for granting authorisation for exploration of oil and natural gas at Block ‘Kilifarevo’, with a surface area of 20 km2 and with the coordinates of boundary points 1 to 4 in accordance with the Annex.

               2.

               To announce that the granting of authorisation under section 1 will be based on a call for tenders.

               3.

               To specify that the period covered by the authorisation for exploration will be five years after the date of the entry into force of the exploration contract, with a right to extension of this period under Article 31, paragraphs 3 and 4 of the Underground Natural Resources Act.

               4.

               The deadline for purchasing the tender dossier is 16:00 on the 120th day after the date of publication of this Decision in the Official Journal of the European Union. The tender dossier can be purchased from Room 427 at the building of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia.

               5.

               The deadline for submission of applications for participation in the call for tenders is 16:00 on the 135th day after the date of publication of this Decision in the Official Journal of the European Union. The applications for participation in the call for tenders should be submitted to the registry of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia.

               6.

               The deadline for submission of bids is 16:00 on the 155th day after the date of publication of this Decision in the Official Journal of the European Union. The bids should be submitted to the registry of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia.

               7.

               Bids received by the deadline in section 6 shall be opened by the Committee under section 10.2 in the presence of representatives of the participants on the 156th day after the date of publication of this Decision in the Official Journal of the European Union at the building of the Ministry of the Environment and Water, bul. Knyaginya Mariya-Luisa 22, Sofia. Within 14 days from the date of opening of the bids the Committee shall examine and evaluate the bids and classify the participants.

               7.1.

               If none of the bids under section 7 meets the requirements specified in the call for tenders, the Committee shall extend the deadline so that the participants can improve their bids, of which they will be informed in writing.

               7.2.

               Within 14 days of receipt of the bids under 7.1 the Committee shall convene a meeting at which it will examine and evaluate the improved bids and classify the participants.

               8.

               The deposit for participation in the call for tenders is set at BGN 15 000.

               8.1.

               The deposit must be paid by the deadline for the submission of applications for participation in the call for tenders under section 5.

               8.2.

               The deposit shall be paid to the bank account indicated in the tender dossier.

               8.3.

               The deposit of the successful bidder and the deposits of participants who have failed to meet the requirements specified in the call for tenders will be forfeited. The deposits of the other participants will be reimbursed within a period of 14 days after the publication in the State Gazette of the Decision of the Council of Ministers granting authorisation for exploration to the successful bidder.

               9.

               The Council of Ministers shall lay down other requirements related to the call for tenders:

               9.1.

               In the event of an appeal under Article 47, paragraph 3 of the Underground Natural Resources Act the deadlines in sections 6 and 7 shall be extended by the number of days required to take a decision on the appeal, of which the participants whose applications have been accepted will be notified in writing.

               9.2.

               The price of the tender dossier is BGL 13 500.

               9.3.

               The tender dossier may be purchased by persons with power of representation or by authorised representatives.

               9.4.

               The call for tenders will take place even if only one applicant is admitted to participate.

               9.5.

               Applicants for participation in the call for tenders must comply with the requirements specified in Article 23, paragraph 1 of the Underground Natural Resources Act.

               9.6.

               The applications for participation in the call for tenders shall be prepared and submitted in accordance with Article 46, paragraphs 1 and 2 of the Underground Natural Resources Act and the conditions of the competition dossier.

               9.7.

               The bids should comply with the requirements and conditions indicated in the tender dossier.

               9.8.

               The bids shall be evaluated as set out in the tender dossier, on the basis of the applicants’ managerial and financial capacities, proposed work programmes, and the resources devoted to environmental protection and training or technical innovation.

               9.9.

               If by the deadline under section 5 no application for participation in the call for tenders has been received or no applicant has been accepted for participation in the call for tenders, the call for tenders shall be cancelled.

               10.

               The Minister for the Environment and Water is authorised:

               10.1.

               To send the text of this Decision for publication in the Official Journal of the European Union and in the State Gazette, and also on the website of the Council of Ministers.

               10.2.

               To organise the conduct of the call for tenders. The minister shall be appointed president of the committee. The members of the committee shall be appointed by its president in accordance with Article 44, paragraph 7 of the Underground Natural Resources Act.

               11.

               Appeals against this Decision can be addressed to the Supreme Administrative Court within 14 days after its publication in the Official Journal of the European Union.

            Prime Minister

         Sergei STANISHEV

            Principal Secretary of the Council of Ministers

         Vesselin DAKOV

      ANNEX

         LIST OF COORDINATES OF THE BOUNDARY POINTS OF THE BLOCK ‘KILIFAREVO’

                  Longitude

                  Latitude

                  1.

                  25° 40′ 03,70″

                  43° 01′ 37,27″

                  2.

                  25° 40′ 03,70″

                  42° 59′ 48,21″

                  3.

                  25° 44′ 46,93″

                  42° 59′ 48,21″

                  4.

                  25° 44′ 46,93″

                  43° 01′ 37,27″


title: 2009/79/EC: Commission Decision of 23 January 2009 establishing the Committee of European Insurance and Occupational Pensions Supervisors (Text with EEA relevance)

text:
               29.1.2009

               EN

               Official Journal of the European Union

               L 25/28

      COMMISSION DECISION

   of 23 January 2009
   establishing the Committee of European Insurance and Occupational Pensions Supervisors
   (Text with EEA relevance)
   (2009/79/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               As part of the so-called Lamfalussy process, the Commission adopted Decision 2004/6/EC of 5 November 2003 establishing the Committee of European Insurance and Occupational Pensions Supervisors (1) (hereinafter ‘the Committee’). The Committee took up its duties on 24 November 2003, serving as an independent body for reflection, debate and advice of the Commission in the insurance, reinsurance and occupational pensions fields.

               (2)

               Fulfilling the provisions of 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 (2), the Commission carried out a review of the Lamfalussy process in 2007 and presented its assessment in a Communication of 20 November 2007 entitled ‘Review of the Lamfalussy process — Strengthening supervisory convergence’ (3).

               (3)

               In the Communication, the Commission pointed out the importance of the Committee of European Securities Regulators, the Committee of European Banking Supervisors and the Committee of European Insurance and Occupational Pensions Supervisors (hereinafter ‘the Committees of Supervisors’) in an increasingly integrated European financial market. A clear framework for the activities of these Committees in the area of supervisory convergence and cooperation was deemed necessary.

               (4)

               While reviewing the functioning of the Lamfalussy process, the Council invited the Commission to clarify the role of the Committees of Supervisors and consider all different options to strengthen the working of those Committees, without unbalancing the current institutional structure or reducing the accountability of supervisors (4).

               (5)

               At its meeting of 13 and 14 March 2008, the European Council called for swift improvements to the functioning of the Committees of Supervisors (5).

               (6)

               On 14 May 2008 (6), the Council invited the Commission to revise the Commission Decisions establishing the Committees of Supervisors so as to ensure coherence and consistency in their mandates and tasks as well as to strengthen their contributions to supervisory cooperation and convergence. The Council noted that specific tasks could be explicitly given to the Committees to foster supervisory cooperation and convergence, and their role in assessing risks to financial stability. Therefore a reinforced legal framework regarding the role and tasks of the Committee in this respect should be provided.

               (7)

               The Committee should serve as an independent advisory group of the Commission in the insurance, reinsurance and occupational pensions fields. However, as regards the occupational pensions field, while the Committee should consider the regulatory and supervisory aspects relating to such arrangements, it should not address labour and social law aspects, such as the organisation of occupational regimes, and in particular, issues relating to compulsory membership (affiliation) or collective agreements.

               (8)

               The Committee’s mandate should cover the supervision of financial conglomerates. To avoid duplication of work, to prevent any inconsistencies, to keep the Committee abreast of progress, and to give it the opportunity to exchange information, the collaboration with the Committee of European Banking Supervisors in the supervision of financial conglomerates should be exercised in the Joint Committee on Financial Conglomerates.

               (9)

               The Committee should also contribute to the common and uniform day-to-day implementation of Community legislation and its consistent application by the supervisory authorities.

               (10)

               The Committee does not have any regulatory powers at Community level. It should carry out peer reviews, promote best practices and issue non-binding guidelines, recommendations and standards in order to increase convergence across the Community.

               (11)

               Enhanced bilateral and multilateral supervisory cooperation depends on the mutual understanding and trust between supervisory authorities. The Committee should contribute to the improvement of such cooperation.

               (12)

               The Committee should also foster supervisory convergence across the Community. In order to be more specific about this objective, an indicative and open-ended list of tasks to be carried out by the Committee should be established.

               (13)

               In order to resolve disputes of a cross-border nature between supervisory authorities, in particular within colleges of supervisors, a voluntary and non-binding mediation mechanism should be provided by the Committee.

               (14)

               To benefit from the expertise acquired by the Committee and without prejudice to the powers of supervisory authorities, the supervisory authorities should be able to refer matters to the Committee with a view to obtaining its non-binding opinion.

               (15)

               The exchange of information between the supervisory authorities is fundamental to their functions. It is central for the efficient supervision of insurance groups and for financial stability. Whilst the insurance legislation imposes clear legal obligations on supervisory authorities to cooperate and exchange information, the Committee should facilitate practical day-to-day exchange of information between them, subject to relevant confidentiality provisions set out in applicable legislation.

               (16)

               In order to reduce the duplication of supervisory tasks and thereby streamline the supervisory process as well as reduce the burden imposed on insurance groups, the Committee should facilitate the delegation of tasks between supervisory authorities, in particular in cases specified in the relevant legislation.

               (17)

               With a view to fostering convergence and consistency across the colleges of supervisors and thereby ensuring a level playing field, the Committee should monitor their functioning without constraining the independence of the members of the college.

               (18)

               Quality, comparability and consistency of supervisory reporting are central to the cost-efficiency of Community supervisory arrangements and the compliance burden on cross-border institutions. The Committee should contribute to ensuring that overlap and duplication is eliminated and that the reporting data is comparable and of appropriate quality.

               (19)

               Financial systems in the Community are closely linked and events in one Member State can have a significant impact on financial institutions and markets in other Member States. The continuing emergence of financial conglomerates and the blurring of distinctions between the activities of firms in the banking, securities and insurance sectors give rise to additional supervisory challenges at national and Community level. In order to safeguard financial stability, a system is needed at the level of the Committee, the Committee of European Banking Supervisors and the Committee of European Securities Regulators in order to identify potential risks, across borders and across sectors, at an early stage and, where necessary, inform the Commission and the other Committees. Furthermore, it is essential that the Committee ensures that finance ministries and national central banks of the Member States are informed. The Committee has its role to play in this respect by identifying risks in the insurance, reinsurance and occupational pension sectors and regularly reporting on the outcome to the Commission. The Council should also be informed of these assessments. The Committee should also cooperate with the European Parliament and provide it with periodic information on the situation in the insurance sector. The Committee should not, in this context, disclose information on individual supervised entities.

               (20)

               In order to adequately deal with cross-sector issues, the activities of the Committee should be coordinated with those of the Committee of European Securities Regulators, the Committee of European Banking Supervisors and the Banking Supervision Committee of the European System of Central Banks. This is of particular importance in addressing possible cross-sectoral risks to financial stability.

               (21)

               Given the globalisation of financial services and the increased importance of international standards, the Committee should also foster dialogue and cooperation with supervisors outside the Community.

               (22)

               The accountability of the Committee towards the Community Institutions is of high importance and should be of a well established standard while respecting the independence of supervisors.

               (23)

               The Committee should draw up its own rules of procedure and fully respect the prerogatives of the institutions and the institutional balance established by the Treaty. The enhanced framework of the activities of the Committee should be accompanied by improved working processes. To this end, if consensus cannot be reached, decisions should be taken by qualified majority corresponding to the rules set out in the Treaty.

               (24)

               For reasons of legal security and clarity Decision 2004/6/EC should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   An independent advisory group on insurance and occupational pensions in the Community, called ‘the Committee of European Insurance and Occupational Pensions Supervisors’ (hereinafter ‘the Committee’), is hereby established.
   Article 2
   The Committee shall advise the Commission, in particular as regards the preparation of draft implementing measures in the fields of insurance, reinsurance, occupational pensions and financial conglomerates, on its own initiative or at the request of the Commission.
   Where the Commission requests advice from the Committee, it may lay down a time limit within which the Committee shall provide such advice. Such time limit shall be laid down taking into account the urgency of the matter.
   Article 3
   The Committee shall fulfil the tasks assigned to it and contribute to the common and uniform implementation and consistent application of Community legislation by issuing guidelines, recommendations and standards.
   Article 4
   1.   The Committee shall enhance cooperation between national supervisory authorities in the insurance, reinsurance and occupational pensions fields and foster the convergence of Member States’ supervisory practices and approaches throughout the Community. To this effect, it shall carry out, at least, the following tasks:

               (a)

               mediate or facilitate mediation between supervisory authorities in cases specified in the relevant legislation or at the request of a supervisory authority;

               (b)

               provide opinions to supervisory authorities in cases specified in the relevant legislation or at their request;

               (c)

               promote the effective bilateral and multilateral exchange of information between supervisory authorities subject to applicable confidentiality provisions;

               (d)

               facilitate the delegation of tasks between supervisory authorities, in particular by identifying tasks which can be delegated and by promoting best practices;

               (e)

               contribute to ensuring the efficient and consistent functioning of colleges of supervisors in particular through setting guidelines for the operational functioning of colleges, monitoring the coherence of the practices of the different colleges and sharing best practices;

               (f)

               contribute to developing high quality and common supervisory reporting standards;

               (g)

               review the practical application of the non-binding guidelines, recommendations and standards issued by the Committee.

         2.   The Committee shall review the Member States’ supervisory practices and assess their convergence on an ongoing basis. The Committee shall report annually on progress achieved and identify the remaining obstacles.
   3.   The Committee shall develop new practical convergence tools to promote the common supervisory approaches.
   Article 5
   1.   The Committee shall monitor and assess developments in the insurance, reinsurance and occupational pensions sector and, where necessary, inform the Committee of European Securities Regulators, the Committee of European Banking Supervisors and the Commission. The Committee shall ensure that the finance ministries and national central banks of the Member States are informed about potential or imminent problems.
   2.   The Committee shall, at least twice a year, provide to the Commission assessments of micro-prudential trends, potential risks and vulnerabilities in the insurance, reinsurance and occupational pensions sector.
   The Committee shall include in these assessments a classification of the main risks and vulnerabilities and indicate to what extent such risks and vulnerabilities pose a threat to financial stability and, where necessary, propose preventative or remedial actions.
   The Council shall be informed of these assessments.
   3.   The Committee shall have in place procedures enabling the supervisory authorities to react promptly. Where appropriate, the Committee shall facilitate a common position within the Community on risks and vulnerabilities which may negatively affect the stability of the financial system of the Community.
   4.   The Committee shall ensure an adequate coverage of cross-sectoral developments, risks and vulnerabilities by closely cooperating with the Committee of European Securities Regulators, the Committee of European Banking Supervisors and the Banking Supervision Committee of the European System of Central Banks.
   Article 6
   1.   The Committee shall contribute to the development of common supervisory practices in the field of insurance, reinsurance and occupational pensions as well as on a cross-sectoral basis in close cooperation with the Committee of European Securities Regulators and the Committee of European Banking Supervisors.
   2.   To this effect, it shall in particular establish sectoral and cross-sectoral training programmes, facilitate personnel exchanges and encourage competent authorities to intensify the use of secondment schemes, joint inspection teams and supervisory visits and other tools.
   3.   The Committee shall, as appropriate, develop new instruments to promote the development of common supervisory practices.
   4.   The Committee shall enhance cooperation with the supervisory authorities of third countries, in particular by their participation in common training programmes.
   Article 7
   1.   The Committee shall be composed of high-level representatives from the national public authorities competent in the field of supervision of insurance, reinsurance and occupational pensions. Each Member State shall designate a high level representative from its competent authorities to participate in the meetings of the Committee.
   2.   The Commission shall be present at meetings of the Committee and shall designate a high level representative to participate in its debates.
   3.   The Committee shall elect a chairperson from among its members.
   4.   The Committee may invite experts and observers to attend its meetings.
   5.   The Committee shall not address labour and social law aspects such as the organisation of occupational regimes, in particular compulsory membership and collective agreements.
   Article 8
   1.   The members of the Committee shall be required not to disclose information covered by the obligation of professional secrecy. All participants in the discussions shall be obliged to comply with the applicable rules of professional secrecy.
   2.   Whenever discussion of an item on the agenda entails the exchange of confidential information concerning a supervised institution, participation in such discussion may be restricted to members directly involved.
   Article 9
   1.   The Committee shall regularly inform the Commission about the outcome of its activities. It shall have regular contacts with the European Insurance and Occupational Pensions Committee established by Commission Decision 2004/9/EC (7) and the competent Committee of the European Parliament.
   2.   The Committee shall ensure cross-sectoral consistency of work in the financial services sectors by regularly and closely cooperating with the Committee of European Securities Regulators and the Committee of European Banking Supervisors.
   3.   The chairperson of the Committee shall have regular contact with the chairpersons of the Committee of European Securities Regulators and of the Committee of European Banking Supervisors, at least once a month.
   Article 10
   The Committee may set up working groups. The Commission shall be invited to the meetings of the working groups as an observer.
   Article 11
   The Committee shall cooperate in the area of supervision of financial conglomerates with the Committee of European Banking Supervisors in a Joint Committee on Financial Conglomerates.
   The Commission and the European Central Bank shall be invited to the meetings of the Joint Committee on Financial Conglomerates as observers.
   Article 12
   Before transmitting its opinion to the Commission, the Committee shall, at an early stage, consult market participants, consumers and end-users extensively and in an open and transparent manner. The Committee shall publish the results of the consultations, unless the respondent requests otherwise.
   Article 13
   The Committee shall establish an annual work programme and transmit it to the Council, the European Parliament and the Commission by the end of October each year. The Committee shall periodically and at least annually inform the Council, the European Parliament and the Commission on the achievement of the activities set out in the work programme.
   Article 14
   The Committee shall work by consensus of its members. If no consensus can be reached, decisions shall be taken by qualified majority. The votes of the representatives of the Members of the Committee shall correspond to the votes of the Member States as laid down in Articles 205(2) and (4) of the Treaty.
   Members of the Committee which do not follow the guidelines, recommendations, standards and other measures agreed by the Committee shall be prepared to present the reasons for this choice.
   Article 15
   The Committee shall adopt its own rules of procedure and organise its own operational arrangements.
   With regard to decisions concerning amendments to the rules of the procedure and elections to and dismissals from the Board of the Committee, the rules of procedure may foresee decision-making procedures that are different from those set out in Article 14.
   Article 16
   Decision 2004/6/EC is repealed.
   Article 17
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 23 January 2009.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  OJ L 3, 7.1.2004, p. 30.

      (2)  OJ L 79, 24.3.2005, p. 9.

      (3)  COM(2007) 727 final.

      (4)  Council Conclusions 15698/07 of 4 December 2007.

      (5)  Council Conclusions 7652/1/08 Rev 1.

      (6)  Council Conclusions 8515/3/08 Rev 3.

      (7)  OJ L 3, 7.1.2004, p. 34.


title: Commission Decision of 17 March 2011 conferring on the Republic of Croatia management of aid relating to the Component V — Agriculture and Rural Development of the Instrument for Pre-Accession Assistance (IPA) for pre-accession measures 301 and 302 in the pre-accession period

text:
               18.3.2011

               EN

               Official Journal of the European Union

               C 85/4

         COMMISSION DECISION
   of 17 March 2011
   conferring on the Republic of Croatia management of aid relating to the Component V — Agriculture and Rural Development of the Instrument for Pre-Accession Assistance (IPA) for pre-accession measures 301 and 302 in the pre-accession period
   2011/C 85/04
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the functioning of the European Union,
   Having regard to Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (1),
   Having regard to Commission Regulation (EC) No 718/2007 of 12 June 2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA) (2) and in particular Article 14 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 (hereinafter referred to as: ‘the Financial Regulation’) (3), and in particular Article 53c and 56(2) thereof,
   Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Community (hereinafter referred to as: the Implementing Rules) (4) and in particular Article 35 thereof,
   Whereas:

               (1)

               Regulation (EC) No 1085/2006 lays down the objectives and main principles for pre-accession assistance to candidate and potential candidate countries for the period from 2007 to 2013 and confers the responsibility for its implementation to the Commission.

               (2)

               Articles 11, 12, 13, 14, 18 and 186 of Regulation (EC) No 718/2007 give the Commission the possibility to confer management powers to the beneficiary country and define the requirements for such conferral relating to the Component V — Agriculture and Rural Development of the Instrument for Pre-Accession Assistance.

               (3)

               Under Article 7 of Regulation (EC) No 718/2007 the Commission and the beneficiary country shall conclude a framework agreement, in order to set out and agree on the rules for cooperation concerning EU financial assistance to the beneficiary country. Where necessary, the framework agreement may be complemented by a sectoral agreement, or sectoral agreements, covering component specific provisions.

               (4)

               For conferring management powers to the beneficiary country, the conditions laid down in Article 53c and 56(2) of the Financial Regulation and in Article 35 of the Implementing Rules must be fulfilled.

               (5)

               The Framework Agreement on the rules for co-operation concerning EU financial assistance to the Republic of Croatia in the framework of the implementation of the assistance under the instrument for pre-accession assistance (IPA) between the Government of the Republic of Croatia and the Commission of the European Union was concluded on 17 December 2007.

               (6)

               The Programme for Agriculture and Rural Development of the Republic of Croatia under IPA (hereinafter referred to as IPARD Programme) was approved by Commission Decision C(2008) 690 of 25 February 2008, in accordance with Article 7(3) of Regulation (EC) No 1085/2006, and Article 184 of Regulation (EC) No 718/2007 included a plan for the annual EU contributions as well as the financing agreement.

               (7)

               The Sectoral Agreement concluded on 12 January 2009 between the Commission of the European Union, acting for and on behalf of the European Union and the Government of the Republic of Croatia, acting on behalf of the Republic of Croatia, complements the provisions of the Framework Agreement, laying down the specific provisions applicable for the implementation and the execution of the IPARD Programme for Agriculture and Rural Development of the Republic of Croatia under the Instrument for Pre-Accession Assistance (IPA).

               (8)

               The IPARD Programme was last amended on 26 November 2010 by Commission Decision C(2010) 8462.

               (9)

               Pursuant to Article 21 of Commission Regulation (EC) No 718/2007 the beneficiary country has to designate bodies and authorities responsible for implementation of the IPARD Programme: the Competent Accrediting Officer, the National Authorising Officer, the National Fund, the Managing Authority, the IPARD Agency and the Audit Authority.

               (10)

               The Government of Croatia has appointed the National Fund Sector, an organisational unit of the State Treasury within the Ministry of Finance, acting as the National Fund, which will execute the functions and responsibilities as defined in Annex I of the Sectoral Agreement.

               (11)

               The Government of Croatia has appointed the independent public institution Paying Agency for Agriculture, Fisheries and Rural Development to act as the IPARD Agency, which will execute the functions and responsibilities as defined in Annex I of the Sectoral Agreement.

               (12)

               The Government of Croatia has appointed the Directorate for Rural Development, Sapard/IPARD Programme Managing Authority, within the Ministry of Agriculture, Fisheries and Rural Development, to act as the Managing Authority, which will execute the functions and responsibilities as defined in Annex I of the Sectoral Agreement.

               (13)

               The Competent Accrediting Officer notified the European Commission on 12 November 2008 of the accreditation of the National Authorising Officer and the National Fund in accordance with Article 12(3) of Regulation (EC) No 718/2007.

               (14)

               The National Authorising Officer notified the European Commission on 12 November 2008 of the accreditation of the operating structure in charge of the management and implementation of the IPA Component V — Rural Development for measures 101, 103 and 301, in accordance with Article 13(3) of Regulation (EC) No 718/2007. On 6 May 2010, the National Authorising Officer decided to issue an Addendum to the Decision on national accreditation act for the IPARD measure 301.

               (15)

               On 28 May 2010, the National Authorising Officer notified the European Commission of accreditation of the operating structure in charge of the management and implementation of IPA Component V — Rural Development for submeasure 202/1 ‘Acquisition of skills’, measures 302 ‘Diversification and development of rural economic activities’ and 501 ‘Technical assistance’, in accordance with Article 13(3) of Regulation (EC) No 718/2007.

               (16)

               On 21 December 2010, the National Authorising Officer notified the European Commission of withdrawing accreditation of the Operating Structure in charge of the management and implementation of IPA Component V — Rural Development for submeasure 201/1.

               (17)

               On 16 March 2009, the Croatian Authorities submitted to the Commission the list of eligible expenditure for measures 101, 103 and 301 in conformity with Article 32(3) of the Sectoral Agreement. The Commission approved this list on 8 April 2009.

               (18)

               On 29 October 2010, the Croatian Authorities submitted to the Commission the last modified list of eligible expenditure for measure 302 in conformity with Article 32(3) of the Sectoral Agreement. The Commission approved this list on 10 November 2010.

               (19)

               On 24 November 2009, the Croatian Authorities submitted to the Commission the list of eligible expenditure for measure 501 in conformity with Article 32(3) of the Sectoral Agreement. The Commission approved this list on 29 March 2010.

               (20)

               The Paying Agency for Agriculture, Fisheries and Rural Development acting as the IPARD Agency, and the Directorate for Rural Development, Sapard/IPARD Programme Managing Authority, acting as the Managing Authority, will be responsible for implementing the three measures accredited by National Authorising Officer: 301 ‘Improvement and development of rural infrastructure’, 302 ‘Diversification and development of rural economic activities’ and 501 ‘Technical assistance’ as defined in the Programme; in addition to the two measures conferred in 2009, out of seven from the IPARD Programme.

               (21)

               In order to take into account the requirements of Article 19(1) of the Framework Agreement the expenditure pursuant to this Decision shall be eligible for Community co-finance only if not paid earlier than the date of conferral decision, with the exception of measure 501 ‘Technical assistance’ referred to Article 19(2) of the Framework Agreement and the general costs referred to in Article 172(3c) of Regulation (EC) No 718/2007. Expenditure shall be eligible if it is in accordance with the principles of sound financial management and, in particular, of economy and cost-effectiveness.

               (22)

               Regulation (EC) No 718/2007 provides that the ex ante approval requirement may be waived according to its Article 18(2) on the basis of a case-by-case analysis of effective functioning of the management and control system concerned and provides for detailed rules for the carrying out of the said analysis.

               (23)

               Pursuant to Articles 14 and 18 of Regulation (EC) No 718/2007, the accreditations referred to in Articles 11, 12 and 13 of Regulation (EC) No 718/2007 have been reviewed; and the procedures and structures of the bodies and authorities concerned, as set out in the application submitted by the National Authorising Officer, have been examined, including by on-the-spot verifications.

               (24)

               The verifications carried out by the Commission for measure 301 ‘Improvement and development of rural infrastructure’ and measure 302 ‘Diversification and development of rural economic activities’ are based on a system that is operational, but not yet operating, with regard to all relevant elements.

               (25)

               Although the Audit Authority is not itself part of this Decision, its level of readiness to operate as a functionally independent audit body by the time of submission to the Commission of the accreditation package for the conferral of management has been evaluated by on-the-spot verifications.

               (26)

               Croatia's compliance with the requirements of Article 56(2) of the Financial Regulation and Articles 11, 12 and 13 of Regulation (EC) No 718/2007 has been assessed by on-the-spot verifications.

               (27)

               The assessment has shown that Croatia complies with the requirements for measures 301 and 302. However, the Paying Agency for Agriculture, Fisheries and Rural Development, acting as the IPARD Agency, has not yet implemented properly the accreditation criteria for the functions it is due to perform in the framework of the implementation of measure 501.

               (28)

               It is therefore appropriate to waive according to Article 18(2) of Regulation (EC) No 718/2007 the ex ante approval requirements referred to in Article 165 of the Financial Regulation and to confer on the National Authorising Officer, on the National Fund, on the IPARD Agency and on the Managing Authority, the management powers relating to the measures 301 and 302 of the Programme for Croatia on a decentralised basis,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The management of assistance provided for under IPA — Component V as regards Agriculture and Rural Development is conferred on the concerned bodies under the conditions laid down in this Decision.
   2.   The requirement for ex ante approval by the Commission of managing, paying and implementing functions for measure 301 ‘Improvement and development of rural infrastructure’ and measure 302 ‘Diversification and development of rural economic activities’ by the Republic of Croatia, is hereby waived according to Article 18(2) of Regulation (EC) No 718/2007.
   Article 2
   This Decision shall apply on the basis of the following structures, bodies and authorities designated by the Republic of Croatia for the management of measures 301 and 302 of the Programme provided for under IPA — Component V:

               (a)

               the National Authorising Officer;

               (b)

               the National Fund;

               (c)

               the Operating Structure for IPA — Component V:

                           —

                           the Managing Authority,

                           —

                           the IPARD Agency.

         Article 3
   1.   The management powers are conferred on the structures, bodies and authorities as specified in Article 2 of this Decision.
   2.   The national authorities shall carry out further verifications with regard to the structures, bodies and authorities set out in Article 2 of this Decision, in order to ensure that the management and control system operates satisfactorily. Verifications shall be carried out before the submission of the first declaration of expenditure requesting the reimbursement related to measures stated in Article 1(2) above.
   Article 4
   1.   Expenditure paid earlier than the date of this Decision shall in no case be eligible with the exception of general costs referred to in Article 172(3c) of Regulation (EC) No 718/2007.
   2.   Expenditure shall be eligible if it is in accordance with the principles of sound financial management and, in particular, of economy and cost-effectiveness.
   Article 5
   1.   Without prejudice to any decisions granting aid under the IPARD Programme to individual beneficiaries, the rules for eligibility of expenditure for measure 301 proposed by Croatia by letter No ‘Class: NP 018-04/09-01/106, Ref. number: 525-12-3-0472/09-2’ of 16 March 2009 and registered in the Commission on 26 March 2009 under No 8151 shall apply.
   2.   Without prejudice to any decisions granting aid under the IPARD Programme to individual beneficiaries, the rules for eligibility of expenditure for measure 302 proposed by Croatia by letter No ‘Class: NP 011-02/09-01/72, Ref. number: 525-12-3-0473/10-30’ of 19 October 2010 and registered in the Commission on 29 October 2010 under No 761752 shall apply.
   Article 6
   1.   The Commission shall monitor compliance with the requirements for the conferral of management powers as laid down in Article 17 of Regulation (EC) No 718/2007.
   2.   At any time during the implementation of this Decision, should the Commission consider that the obligations of the Republic of Croatia under this Decision are no longer met, the Commission may decide to withdraw or suspend the conferral of management powers on the basis of Article 17 of Regulation (EC) No 718/2007.
   3.   The Republic of Croatia as laid down in article 19 of Commission Regulation (EC) No 718/2007 shall ensure:

               —

               investigation and effective treatment of suspected cases of fraud and irregularities and shall ensure the functioning of a control and reporting mechanism equivalent to that referred to in the Commission Regulation (EC) No 1828/2006,

               —

               implementation of fraud prevention measures by its national bodies. The fraud prevention measures adopted shall equally be communicated to the Commission.

      Done at Brussels, 17 March 2011.

            For the Commission

         Dacian CIOLOŞ

            Member of the Commission

      (1)  OJ L 210, 31.7.2006, p. 82.

      (2)  OJ L 170, 29.6.2007, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

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


title: 2013/349/EU: Decision of the Representatives of the Governments of the Member States of 1 July 2013 appointing a Judge to the Court of Justice

text:
               3.7.2013

               EN

               Official Journal of the European Union

               L 184/6

         DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 1 July 2013
   appointing a Judge to the Court of Justice
   (2013/349/EU)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 19 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 253 and 255 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
   Having regard to the Act of Accession of Croatia, and in particular Article 22(1) thereof,
   Whereas:

               (1)

               Article 22(1) of the Act of Accession provides for the appointment of a Croatian judge to the Court of Justice for the period from 1 July 2013 to 6 October 2015.

               (2)

               Mr Siniša RODIN has been proposed as a candidate for appointment as a judge of the Court of Justice.

               (3)

               The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Siniša RODIN to perform the duties of Judge of the Court of Justice,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Mr Siniša RODIN is hereby appointed a judge of the Court of Justice for the period from 1 July 2013 to 6 October 2015.
   Article 2
   This Decision shall enter into force on 1 July 2013.

      Done at Brussels, 1 July 2013.

            For the Council

            The President

         L. LINKEVIČIUS


title: Council Decision (EU) 2015/423 of 6 March 2015 establishing the position to be adopted on behalf of the European Union within the seventh meeting of the Conference of the Parties to the Rotterdam Convention as regards the amendments of Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade

text:
               13.3.2015

               EN

               Official Journal of the European Union

               L 68/48

         COUNCIL DECISION (EU) 2015/423
   of 6 March 2015
   establishing the position to be adopted on behalf of the European Union within the seventh meeting of the Conference of the Parties to the Rotterdam Convention as regards the amendments of Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 192 and 207, in conjunction with Article 218(9), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union approved the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (the ‘Rotterdam Convention’) by Council Decision 2006/730/EC (1).

               (2)

               Regulation (EU) No 649/2012 of the European Parliament and of the Council (2) implements the Rotterdam Convention in the Union.

               (3)

               In order to ensure that importing countries benefit from the protection offered by the Rotterdam Convention, it is necessary and appropriate to support the recommendation from the Chemical Review Committee as regards the inclusion in Annex III to the Rotterdam Convention of chrysotile asbestos, methamidophos, trichlorfon, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/l) and liquid formulations (emulsifiable concentrate and soluble concentrate) containing paraquat dichloride at or above 276 g/l, corresponding to paraquat ion at or above 200 g/l. Those substances are already banned or severely restricted in the Union and are therefore subject to export requirements which go beyond what is required under the Rotterdam Convention.

               (4)

               The seventh meeting of the Conference of the Parties to the Rotterdam Convention is expected to decide on the proposed amendments to Annex III. The Union should support those amendments,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union at the seventh meeting of the Conference of the Parties to the Rotterdam Convention is that the Union shall support the adoption of the amendments to Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (3) as regards the inclusion of chrysotile asbestos, methamidophos, trichlorfon, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/l) and liquid formulations (emulsifiable concentrate and soluble concentrate) containing paraquat dichloride at or above 276 g/l, corresponding to paraquat ion at or above 200 g/l.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 6 March 2015.

            For the Council

            The President

         K. GERHARDS

      (1)  Council Decision 2006/730/EC of 25 September 2006 on the conclusion, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (OJ L 299, 28.10.2006, p. 23).

      (2)  Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (OJ L 201, 27.7.2012, p. 60).

      (3)  OJ L 63, 6.3.2003, p. 29.