title: Decision No 1904/2006/EC of the European Parliament and of the Council of 12 December 2006 establishing for the period 2007 to 2013 the programme Europe for Citizens to promote active European citizenship

text:
               27.12.2006

               EN

               Official Journal of the European Union

               L 378/32

      DECISION No 1904/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 12 December 2006
   establishing for the period 2007 to 2013 the programme ‘Europe for Citizens’ to promote active European citizenship
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 151 and 308 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Economic and Social Committee (1),
   Having regard to the Opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               The Treaty establishes citizenship of the Union, which complements national citizenship of the respective Member States. It is an important element in strengthening and safeguarding the process of European integration.

               (2)

               The Community should make citizens fully aware of their European citizenship, its benefits as well as its rights and obligations, which are to be promoted with due regard for subsidiarity and in the interest of cohesion.

               (3)

               It is especially urgent to make European citizens fully aware of their citizenship of the European Union in the context of the broad reflection on the future of Europe launched by the Brussels European Council of 16 and 17 June 2005. The ‘Europe for Citizens’ programme should therefore complement, but not overlap with, other initiatives taken in this context.

               (4)

               For citizens to give their full support to European integration, greater emphasis should therefore be placed on their common values, history and culture as key elements of their membership of a society founded on the principles of freedom, democracy and respect for human rights, cultural diversity, tolerance and solidarity, in accordance with the Charter of Fundamental Rights of the European Union (4) proclaimed on 7 December 2000.

               (5)

               Encouraging active citizenship is a key element in strengthening not only the fight against racism, xenophobia and intolerance but also cohesion and the development of democracy.

               (6)

               In the context of the EU information and communication strategy, a broad dissemination and a high impact of the activities supported through the programme should be ensured.

               (7)

               In order to bring Europe closer to its citizens and to enable them to participate fully in the construction of an ever closer Europe, there is a need to address all nationals and legal residents in the participating countries and to involve them in transnational exchanges and cooperation activities, contributing to developing a sense of belonging to common European ideals.

               (8)

               The European Parliament, in a Resolution adopted in 1988, considered it desirable that a major effort be undertaken to step up contacts between citizens of different Member States and stated that specific support from the European Union for the development of twinning schemes between municipalities in different Member States was both rational and desirable.

               (9)

               The European Council has recognised on several occasions the need to bring the European Union and its institutions closer to the citizens of the Member States. It has encouraged the Union's institutions to maintain and foster open, transparent and regular dialogue with organised civil society, thus promoting citizens' participation in public life and in decision-making, while emphasising the essential values that are shared by the citizens of Europe.

               (10)

               The Council established in its Decision 2004/100/EC of 26 January 2004 establishing a Community action programme to promote active European citizenship (civic participation) (5), an action programme which has confirmed the need to promote sustained dialogue with civil society organisations and municipalities and to support the active involvement of citizens.

               (11)

               Citizens' projects with a transnational and cross-sectoral dimension are important tools to reach citizens and promote European awareness, European political integration, social inclusion and mutual understanding.

               (12)

               Civil society organisations at European, national, regional and local levels are important elements of citizens' active participation in society and help to invigorate all aspects of public life. They are also intermediaries between Europe and its citizens. Their transnational cooperation should therefore be promoted and encouraged.

               (13)

               European public policy research organisations can provide ideas and reflections to feed the debate at European level. It is therefore also advisable to support, as a link between the European institutions and the citizens, activities that reflect their commitment to creating a European identity and citizenship, by establishing procedures with transparent criteria to promote networks for information and exchange.

               (14)

               It is also worthwhile pursuing the action begun by the European Union in the context of Decision No 792/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of culture (6) for the preservation and commemoration of the main sites and archives associated with deportations. An awareness of the full dimensions and tragic consequences of the second world war may thus be maintained and universal remembrance promoted, as a means of moving beyond the past and building the future.

               (15)

               The Declaration on Sport adopted by the Nice European Council of 7-9 December 2000 noted that, ‘even though not having any direct powers in this area, the Community must, in its action under the various Treaty provisions, take account of the social, educational and cultural functions inherent in sport.’

               (16)

               Special attention should be paid to the balanced integration of citizens and civil society organisations from all Member States into transnational projects and activities.

               (17)

               The candidate countries and the EFTA countries party to the EEA Agreement are recognised as potential participants in Community programmes, in accordance with the agreements concluded with those countries.

               (18)

               The European Council of 19 and 20 June 2003 adopted the ‘Thessaloniki Agenda for the Western Balkans: Moving towards European integration’, which invited the Western Balkan countries to participate in Community programmes and agencies; therefore, the Western Balkans countries should be recognised as potential participants in Community programmes.

               (19)

               The programme should be monitored regularly and evaluated independently in cooperation with the Commission and the Member States in order to allow for the readjustments which are necessary if the measures are to be properly implemented.

               (20)

               The procedures for monitoring and evaluating the programme should make use of objectives and indicators which are specific, measurable, achievable, relevant and timed.

               (21)

               Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7) (hereinafter ‘the Financial Regulation’) and Commission Regulation (EC, Euratom) No 2342/2002 of 19 November 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (8), which safeguard the Community's financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

               (22)

               Appropriate measures should also be taken to prevent irregularities and fraud and to recover funds lost or incorrectly paid or used.

               (23)

               Following the principle of sound financial management, the implementation of the programme may be simplified by recourse to lump sum funding, in respect either of support awarded to programme participants or of Community support for the structures established at national level for the administration of the programme.

               (24)

               This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (9), for the budgetary authority during the annual budgetary procedure.

               (25)

               Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the transnational and multilateral nature of the programme's actions and measures, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

               (26)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10).

               (27)

               Transitional measures to monitor actions started before 31 December 2006 should be adopted, pursuant to Decision 2004/100/EC,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Subject matter and scope of the programme
   1.   This Decision establishes the programme ‘Europe for Citizens’ (hereinafter referred to as ‘the programme’) for the period from 1 January 2007 to 31 December 2013.
   2.   The programme shall contribute to the following general objectives:

               (a)

               giving citizens the opportunity to interact and participate in constructing an ever closer Europe, which is democratic and world-oriented, united in and enriched through its cultural diversity, thus developing citizenship of the European Union;

               (b)

               developing a sense of European identity, based on common values, history and culture;

               (c)

               fostering a sense of ownership of the European Union among its citizens;

               (d)

               enhancing tolerance and mutual understanding between European citizens respecting and promoting cultural and linguistic diversity, while contributing to intercultural dialogue.

         Article 2
   Specific objectives of the programme
   The programme shall have the following specific objectives in line with the fundamental goals of the Treaty, which shall be implemented on a transnational basis:

               (a)

               bringing together people from local communities across Europe to share and exchange experiences, opinions and values, to learn from history and to build for the future;

               (b)

               fostering action, debate and reflection related to European citizenship and democracy, shared values, common history and culture through cooperation within civil society organisations at European level;

               (c)

               bringing Europe closer to its citizens by promoting Europe's values and achievements, while preserving the memory of its past;

               (d)

               encouraging interaction between citizens and civil society organisations from all participating countries, contributing to intercultural dialogue and bringing to the fore both Europe's diversity and unity, with particular attention to activities aimed at developing closer ties between citizens from Member States of the European Union as constituted on 30 April 2004 and those from Member States which have acceded since that date.

         Article 3
   Actions
   1.   The objectives of the programme shall be pursued through support for the following actions, details of which may be found in Part I of the Annex:

               (a)

               Active citizens for Europe, consisting of:

                           —

                           town twinning,

                           —

                           citizens' projects and support measures;

               (b)

               Active civil society in Europe, consisting of:

                           —

                           structural support for European public policy research organisations (think-tanks),

                           —

                           structural support for civil society organisations at European level,

                           —

                           support for projects initiated by civil society organisations;

               (c)

               Together for Europe, consisting of:

                           —

                           high visibility events, such as commemorations, awards, artistic events, European-wide conferences,

                           —

                           studies, surveys and opinion polls,

                           —

                           information and dissemination tools;

               (d)

               Active European Remembrance, consisting of:

                           —

                           preservation of the main sites and archives associated with the deportations and the commemoration of the victims.

         2.   In each action, priority may be given to the balanced integration of citizens and civil society organisations from all Member States, as provided for in the specific objective set out in Article 2(d).
   Article 4
   Forms of Community measures
   1.   Community measures may take the form of grants or public procurement contracts.
   2.   Community grants may be provided through specific forms such as operating grants, action grants, scholarships, prizes.
   3.   Public procurement contracts will cover the purchase of services, such as for organising events, studies and research, information and dissemination tools, monitoring and evaluation.
   4.   To be eligible for a Community grant, the beneficiaries must satisfy the requirements set out in Part II of the Annex.
   Article 5
   Participation in the programme
   The programme shall be open to the participation of the following countries, hereinafter referred to as the ‘participating countries’:

               (a)

               the Member States;

               (b)

               the EFTA countries party to the EEA Agreement, in accordance with the provisions of that Agreement;

               (c)

               the candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and the general terms and conditions laid down in the framework agreements concluded with these countries for their participation in Community programmes;

               (d)

               the countries of the western Balkans, in accordance with the arrangements to be established with these countries under the framework agreements on the general principles for their participation in Community programmes.

         Article 6
   Access to the programme
   The programme shall be open to all stakeholders promoting active European citizenship, in particular local authorities and organisations, European public policy research organisations (think-tanks), citizens' groups and other civil society organisations.
   Article 7
   Cooperation with international organisations
   The programme may cover joint and innovative activities in the field of active European citizenship, with relevant international organisations such as the Council of Europe and UNESCO, on the basis of joint contributions and in accordance with the Financial Regulation and various rules of each institution or organisation.
   Article 8
   Implementing measures
   1.   The Commission shall adopt the measures necessary for the implementation of the programme in accordance with the provisions of the Annex.
   2.   The following measures shall be adopted in accordance with the procedure referred to in Article 9(2):

               (a)

               the arrangements for the implementation of the programme, including the annual work plan, the selection criteria and the selection procedures;

               (b)

               the general balance between the various actions of the programme;

               (c)

               the procedures for monitoring and evaluating the programme;

               (d)

               the financial support (amount, duration, distribution and beneficiaries) provided by the Community in relation to all operating grants, multi-annual twinning agreements under Action 1 and high visibility events under Action 3.

         3.   All other measures necessary for the implementation of the programme shall be adopted in accordance with the procedure referred to in Article 9(3).
   4.   As part of the procedure mentioned in paragraph 2, the Commission may draw up guidelines for each of the actions in the Annex in order to adapt the programme to any changes of priority in the field of active European citizenship.
   Article 9
   Committee
   1.   The Commission shall be assisted by a committee.
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
   3.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   4.   The committee shall adopt its rules of procedure.
   Article 10
   Coherence with other Community and European Union instruments
   1.   The Commission shall ensure coherence and complementarity between the programme and instruments in other areas of Community action, especially education, vocational training, culture, youth, sport, the environment, the audiovisual sector and the media, fundamental rights and freedoms, social inclusion, gender equality, combating all forms of discrimination, racism and xenophobia, scientific research, information society and Community external action, in particular at the level of European Neighbourhood policy.
   2.   The programme may share resources with other Community and European Union instruments in order to implement actions meeting the objectives of both the programme and these other instruments.
   Article 11
   The financial envelope
   1.   The financial envelope for the implementation of the programme for the period referred to in Article 1 is hereby set at EUR 215 million.
   2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
   Article 12
   Financial provisions
   1.   Financial aid shall take the form of grants to legal persons. Depending on the nature of the action and the objective pursued, grants may also be awarded to natural persons.
   2.   The Commission may award prizes to natural or legal persons for actions or projects implemented under the programme.
   3.   In accordance with Article 181 of Regulation (EC, Euratom) No 2342/2002, and depending on the nature of the action, flat-rate financing and/or the application of unit-cost rates may be authorised.
   4.   Co-financing in kind may be permitted.
   5.   The Commission may decide, in view of the characteristics of the beneficiaries and the nature of the actions, to exempt beneficiaries from verification of the professional competencies and qualifications required to complete the proposed action or work programme.
   6.   The amount of information to be provided by the beneficiary may be limited in the case of small grants.
   7.   In specific cases such as the award of a small grant, the beneficiary need not be required to demonstrate its financial capacity to perform the planned project or the work programme.
   8.   Operating grants awarded under the programme to bodies pursuing an aim of general European interest, as defined in Article 162 of Regulation (EC, Euratom) No 2342/2002, shall not be automatically decreased in the event of renewal.
   Article 13
   Protection of the Community's financial interests
   1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (11), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (12) and with Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (13).
   2.   For the Community actions financed under the programme, the notion of irregularity referred to in Article 1(2) of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the Union or budgets managed by the Communities, by an unjustified item of expenditure.
   3.   The Commission shall reduce, suspend or recover the amount of financial assistance granted for an action if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.
   4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall request the beneficiary to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may cancel the remaining financial assistance and demand repayment of sums already paid.
   5.   Any undue payment shall be repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.
   Article 14
   Monitoring and evaluation
   1.   The Commission shall ensure regular monitoring of the programme. The results of the monitoring and evaluation process shall be utilised in implementing the programme. Monitoring shall include in particular the drawing up of the reports referred to in paragraph 3 points (a) and (c).
   The specific objectives may be revised in accordance with Article 251 of the Treaty.
   2.   The Commission shall ensure regular, external and independent evaluation of the programme and shall report to the European Parliament on a regular basis.
   3.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

               (a)

               an interim evaluation report on the results obtained and on the qualitative and quantitative aspects of the implementation of the programme no later than 31 December 2010;

               (b)

               a communication on the continuation of the programme no later than 31 December 2011;

               (c)

               an ex-post evaluation report no later than 31 December 2015.

         Article 15
   Transitional provision
   Actions started before 31 December 2006 pursuant to Decision 2004/100/EC shall continue to be governed, until their completion, by that Decision.
   As provided for by Article 18 of the Financial Regulation, the appropriations corresponding to assigned revenue arising from the repayment of amounts wrongly paid pursuant to Decision 2004/100/EC may be made available to the Programme.
   Article 16
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2007.

      Done at Strasbourg, on 12 December 2006

            For the European Parliament

            The President

         Josep BORRELL FONTELLES

            For the Council

            The President

         Mauri PEKKARINEN

      (1)  OJ C 28, 3.2.2006, p. 29.

      (2)  OJ C 115, 16.5.2006, p. 81.

      (3)  Opinion of the European Parliament of 5 April 2006 (not yet published in the Official Journal), Council Common Position of 25 September 2006 (not yet published in the Official Journal) and Position of the European Parliament of 25 October 2006 (not yet published in the Official Journal). Council Decision of 11 December 2006.

      (4)  OJ C 364, 18.12.2000, p. 1.

      (5)  OJ L 30, 4.2.2004, p. 6.

      (6)  OJ L 138, 30.4.2004, p. 40.

      (7)  OJ L 248, 16.9.2002, p. 1.

      (8)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

      (9)  OJ C 139, 14.6.2006, p. 1.

      (10)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (11)  OJ L 312, 23.12.1995, p. 1.

      (12)  OJ L 292, 15.11.1996, p. 2.

      (13)  OJ L 136, 31.5.1999, p. 1.

      ANNEX
      I.   DESCRIPTION OF ACTIONS
      Complementary information on access to the programme
      Civil society organisations as mentioned in Article 6 include, inter alia, trade unions, educational institutions and organisations active in the field of voluntary work and amateur sport.
      ACTION 1:   Active citizens for Europe
      This action forms that part of the programme directed specifically at activities involving citizens. These activities fall under two types of measures as follows:
      Town-twinning
      This measure is aimed at activities that involve or promote direct exchanges between European citizens through their participation in town-twinning activities. These may be one-off or pilot activities, or take the form of structured, multi-annual, multi-partner agreements following a more programmed approach and comprising a set of activities ranging from citizens' meetings to specific conferences or seminars on subjects of common interest, along with related publications, organised in the context of town-twinning activities. This measure will actively contribute to strengthening mutual knowledge and understanding between citizens and between cultures.
      For the years 2007, 2008 and 2009, structural support may be provided directly to the Council of European Municipalities and Regions (CEMR), a body pursuing an aim of general European interest, active in the field of town twinning.
      Citizens' projects and support measures
      Under this measure, a variety of projects of a transnational and cross-sectoral dimension, directly involving citizens, will be supported. Priority is given to projects aimed at encouraging local level participation. The scale and scope of such projects will depend on the developments within the society and will explore, through innovative approaches, the possible responses to the identified needs. The use of new technologies, in particular information society technologies (IST), will be encouraged. Those projects will gather citizens from different horizons, who will act together or debate on common European issues, thereby developing mutual understanding as well as raising awareness of the process of European integration.
      In order to improve town-twinning and citizens' projects, it is also necessary to develop support measures to exchange best practices, to pool experiences between stakeholders at local and regional levels including public authorities, and to develop new skills, for example through training.
      As an indication, at least 45 % of the total budget allocated to the programme will be devoted to this action.
      ACTION 2:   Active civil society in Europe
      Structural support for European public policy research organisations (think-tanks)
      Bodies providing new ideas and reflections on European issues are important institutional interlocutors able to provide independent strategic, cross-sectoral recommendations to the EU institutions. They can undertake activities that feed the debate notably on citizenship of the European Union and on European values and cultures. This measure is aimed at strengthening the institutional capacity of those organisations, which are representative, provide real European added value, can bring about important multiplier effects and, finally, are able to cooperate with other beneficiaries of the programme. The strengthening of transeuropean networks is an important element in this area. Grants may be awarded on the basis of a multi-annual work programme bringing together a range of themes or activities.
      For the years 2007, 2008 and 2009, structural support may be provided directly for the association ‘Groupement d'études et de recherches Notre Europe’ and for the ‘Institut für Europäische Politik’, as bodies pursuing an aim of general European interest.
      Structural support for civil society organisations at European level
      Civil society organisations are an important part of the civic, educational, cultural and political activities for participating in society. They need to exist and to be able to operate and cooperate at European level. They should also be able to participate in policy-making through consultation. This measure will provide them with the capacity and stability to act in a cross-sectoral and horizontal dimension as transnational catalysts for their members and for civil society at European level, thus contributing to the objectives of the programme. The strengthening of transeuropean networks and European associations is an important element of this area of work. Grants may be awarded on the basis of a multi-annual work programme bringing together a range of themes or activities.
      For the years 2007, 2008 and 2009, structural support may be provided directly for three bodies pursuing an aim of general European interest: the Platform of European Social NGOs, the European Movement and the European Council on Refugees and Exiles.
      Support for projects initiated by civil society organisations
      Civil society organisations at local, regional, national or European level involve citizens or represent their interests through debate, publications, advocacy, and other concrete transnational projects. Introducing or building on a European dimension in the activities of civil society organisations, will enable them to enhance their capacities and reach wider audiences. Direct cooperation among civil society organisations from different Member States will contribute to mutual understanding for the different cultures and points of view and to the identification of shared concerns and values. While this may be in the form of single projects, a longer-term approach will also ensure a more sustainable impact and the development of networks and synergies.
      As an indication, approximately 31 % of the total budget allocated to the programme will be devoted to this action.
      ACTION 3:   Together for Europe
      High-visibility events
      This measure will support events organised by the Commission, where appropriate in cooperation with the Member States or other relevant partners, which are substantial in scale and scope, strike a chord with the peoples of Europe, help to increase their sense of belonging to the same community, make them aware of the history, achievements and values of the European Union, involve them in intercultural dialogue and contribute to the development of their European identity.
      These events may include the commemoration of historical events, the celebration of European achievements, artistic events, awareness-raising around specific issues, European-wide conferences and the awarding of prizes to highlight major accomplishments. The use of new technologies, in particular IST, shall be encouraged.
      Studies
      In order to get a better understanding of active citizenship at European level, the Commission will carry out studies, surveys and opinion polls.
      Information and dissemination tools
      Given the focus on citizens and the variety of initiatives in the field of active citizenship, comprehensive information on the various activities of the programme, on other European actions related to citizenship and on other relevant initiatives needs to be provided through an Internet portal and other tools.
      For the years 2007, 2008 and 2009, structural support may be provided directly for the ‘Association Jean Monnet’, the ‘Centre européen Robert Schuman’ and the ‘Maisons de l'Europe’ federated at national and European level, as bodies pursuing an aim of general European interest.
      As an indication, approximately 10 % of the total budget allocated to the programme will be devoted to this action.
      ACTION 4:   Active European Remembrance
      Under this action projects of the following types may be supported:

                  —

                  for the preservation of the main sites and memorials associated with the mass deportations, the former concentration camps and other large-scale martyrdom and extermination sites of Nazism, as well as the archives documenting these events and for keeping alive the memory of the victims, as well as the memory of those who, under extreme conditions, rescued people from the Holocaust;

                  —

                  for the commemoration of the victims of mass exterminations and mass deportations associated with Stalinism, as well as the preservation of the memorials and archives documenting these events.

            Approximately 4 % of the total budget allocated to the programme will be devoted to this action.
      II.   PROGRAMME MANAGEMENT
      The implementation of the programme will be guided by the principles of transparency as well as openness, to a large variety of organisations and projects. As a consequence, projects and activities will be selected, as a general rule, by means of open calls for proposals. Derogations will be possible only in very specific circumstances and in full compliance with Article 168(1) points (c) and (d) of Regulation (EC, Euratom) No 2342/2002.
      The programme will develop the principle of multi-annual partnerships based on agreed objectives, building on the analysis of the results, in order to ensure mutual benefits for both civil society and the European Union. The maximum duration of funding allocated through a single grant agreement under the programme shall be limited to 3 years.
      For some actions, it might be necessary to adopt indirect centralised management by an executive agency or, especially for action 1, by national agencies.
      All actions will be implemented on a transnational basis. They will encourage mobility of citizens and ideas within the European Union.
      The elements of networking and focussing on the multiplier effects, including the use of information and communication technologies (ICT), will be important and will be reflected both in the types of activities and the range of organisations involved. The development of interaction and synergy among the various types of stakeholders involved in the programme will be encouraged.
      The programme budget may also cover expenditure associated with the preparation, follow-up, monitoring, auditing and evaluation activities directly necessary for the management of the programme and the realisation of its objectives, in particular studies, meetings, information and publication activities, expenditure associated with the IT networks for the exchange of information and any other administrative and technical support expenditure on which the Commission may decide for the management of the programme.
      The overall administrative expenditure of the programme should be proportional to the tasks provided for in the programme concerned and, as an indication, should represent approximately 10 % of the total budget allocated to the programme.
      The Commission may undertake information, publication and dissemination activities as appropriate, thereby ensuring broad knowledge and a high impact of the activities supported by the programme.
      III.   CONTROLS AND AUDITS
      For projects selected in accordance with this Decision, a sampling audit system will be established.
      The beneficiary of a grant must make available to the Commission all supporting documents relating to expenditure for a period of five years from the date of the final payment. The beneficiary of a grant must ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission.
      The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the contract and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.
      Commission staff and outside personnel authorised by the Commission must have appropriate access to the offices of the beneficiary and to all the information, including information in electronic format, necessary for such audits.
      The Court of Auditors and the European Anti-Fraud Office (OLAF) will have the same rights, especially of access, as the Commission.


title: 2010/594/EU: European Council Decision of 16 September 2010 amending the list of Council configurations

text:
               6.10.2010

               EN

               Official Journal of the European Union

               L 263/12

         EUROPEAN COUNCIL DECISION
   of 16 September 2010
   amending the list of Council configurations
   (2010/594/EU)
   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on European Union, and in particular the first subparagraph of Article 16(6) thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 236 thereof,
   Whereas:

               (1)

               In order to reflect the changes made by the Treaty of Lisbon to the previous Treaties, as regards space and sport, in the names of the Council’s configurations, the title of the ‘Competitiveness (internal market, industry and research)’ configuration should be amended by the addition of the word ‘space’, and the title of the ‘Education, youth and culture’ configuration should be amended by the addition of the word ‘sport’.

               (2)

               Consequently, the list of Council configurations set out in the Annex to Decision 2009/878/EU of the Council (General Affairs) of 1 December 2009 establishing the list of Council configurations in addition to those referred to in the second and third subparagraphs of Article 16(6) of the Treaty on European Union (1), which is reproduced in Annex I to the Council's Rules of Procedure (2), should be amended,

         HAS ADOPTED THIS DECISION:
   Article 1
   The list of Council configurations set out in the Annex to Decision 2009/878/EU and, consequently, the list of Council configurations set out in Annex I to the Council’s Rules of Procedure shall be amended as follows:

               1.

               point 6 ‘Competitiveness (internal market, industry and research)’ shall be replaced by the following:

                           ‘6.

                           Competitiveness (internal market, industry, research and space)’;

               2.

               point 10 ‘Education, youth and culture’ shall be replaced by the following:

                           ‘10.

                           Education, youth, culture and sport’.

         The footnotes shall remain unchanged.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 16 September 2010.

            For the European Council

            The President

         H. VAN ROMPUY

      (1)  OJ L 315, 2.12.2009, p. 46.

      (2)  OJ L 325, 11.12.2009, p. 35.


title: 2013/715/EU: Council Decision of 2 December 2013 establishing the position to be adopted on behalf of the European Union within the Ministerial Conference of the World Trade Organization on the accession of the Republic of Yemen to the World Trade Organization

text:
               6.12.2013

               EN

               Official Journal of the European Union

               L 326/44

         COUNCIL DECISION
   of 2 December 2013
   establishing the position to be adopted on behalf of the European Union within the Ministerial Conference of the World Trade Organization on the accession of the Republic of Yemen to the World Trade Organization
   (2013/715/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2) and the first subparagraph of Article 207(4), in conjunction with Article 218(9), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 12 April 2000, the Government of the Republic of Yemen applied for accession to the Marrakesh Agreement establishing the World Trade Organization (WTO), pursuant to Article XII of that Agreement.

               (2)

               A Working Party on the accession of the Republic of Yemen was established on 17 and 19 July 2000 in order to reach agreement on terms of accession acceptable to the Republic of Yemen and all WTO Members.

               (3)

               The Commission, on behalf of the Union, has negotiated a comprehensive series of market opening commitments on the part of the Republic of Yemen which satisfy the Union’s requests.

               (4)

               Those commitments are now embodied in the Protocol of Accession of the Republic of Yemen to the WTO.

               (5)

               Accession to the WTO is expected to make a positive and lasting contribution to the process of economic reform and sustainable development in the Republic of Yemen.

               (6)

               The Protocol of Accession should therefore be approved.

               (7)

               Article XII of the Agreement establishing the WTO provides that the terms of accession are to be agreed between the acceding Member and the WTO, and that the Ministerial Conference of the WTO approves the terms of accession on the WTO side.

               (8)

               Accordingly, it is appropriate to establish the position to be adopted on the Union’s behalf within the Ministerial Conference of the WTO on the accession of the Republic of Yemen to the WTO,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the Ministerial Conference of the WTO on the accession of the Republic of Yemen to the WTO is to approve the accession.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 2 December 2013.

            For the Council

            The President

         E. GUSTAS


Avis juridique important

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31999D0824

1999/824/EC, Euratom: Council Decision of 6 December 1999 appointing a member of the Economic and Social Committee

Official Journal L 323 , 15/12/1999 P. 0012 - 0012

COUNCIL DECISIONof 6 December 1999appointing a member of the Economic and Social Committee(1999/824/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Αtomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Mr. A.A. Jaarsma, of which the Council was informed on 19 April 1999;Having regard to the nominations submitted by the Netherlands Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMr P.L.H. Geraads is hereby appointed a member of the Economic and Social Committee in place of Mr A.A. Jaarsma for the remainder of his term of office, which runs until 20 September 2002.Done at Brussels, 6 December 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 257, 19.9.1998, p. 37.


title: 2014/546/EU, Euratom: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the Executive Agency for Small and Medium-sized Enterprises (formerly the Executive Agency for Competitiveness and Innovation) for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/104

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the Executive Agency for Small and Medium-sized Enterprises (formerly the Executive Agency for Competitiveness and Innovation) for the financial year 2012
   (2014/546/EU, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2012 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2012 (COM(2013) 570 – C7-0273/2013) (2),

               —

               having regard to the final annual accounts of the Executive Agency for Competitiveness and Innovation for the financial year 2012,

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2011 financial year (COM(2013) 668), and to the Commission staff working documents accompanying that report (SWD(2013) 348 and SWD(2013) 349),

               —

               having regard to the Commission’s report on the evaluation of the Union’s finances based on the results achieved (COM(2013) 461), and to the Commission staff working documents accompanying that report (SWD(2013) 228 and SWD(2013) 229),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2012 (COM(2013) 606), and to the Commission staff working document accompanying that report (SWD(2013) 314),

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Executive Agency for Competitiveness and Innovation for the financial year 2012, together with the Agency’s replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2012 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 18 February 2014 on discharge to be granted to the executive agencies in respect of the implementation of the budget for the financial year 2012 (05850/2014 – C7-0049/2014),

               —

               having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

               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 (5), and in particular Articles 55, 145, 146 and 147 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 62, 164, 165 and 166 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (7), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Decision 2004/20/EC of 23 December 2003 setting up an executive agency, the ‘Intelligent Energy Executive Agency’, to manage Community action in the field of energy in application of Council Regulation (EC) No 58/2003 (9),

               —

               having regard to Commission Decision 2007/372/EC of 31 May 2007 amending Decision 2004/20/EC in order to transform the Intelligent Energy Executive Agency into the Executive Agency for Competitiveness and Innovation (10),

               —

               having regard to Commission Implementing Decision 2013/771/EU of 17 December 2013 establishing the ‘Executive Agency for Small and Medium-sized Enterprises’ and repealing Decisions 2004/20/EC and 2007/372/EC (11),

               —

               having regard to Rule 76 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0242/2014),

               A.

               whereas, under Article 17(1) of the Treaty on European Union, the Commission is to execute the budget and manage programmes and is to do so pursuant to Article 317 of the Treaty on the Functioning of the European Union, in cooperation with the Member States, on its own responsibility, having regard to the principle of sound financial management;

               1.

               Grants the Director of the Executive Agency for Small and Medium-sized Enterprises (formerly the Executive Agency for Competitiveness and Innovation) discharge in respect of the implementation of the Agency’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution forming an integral part of its decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2012, Section III – Commission and executive agencies;

               3.

               Instructs its President to forward this decision, the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2012, Section III – Commission and the resolution forming an integral part of those Decisions, to the director of the Executive Agency for Small and Medium-sized Enterprises, the Council, the Commission, the Court of Justice of the European Union and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 56, 29.2.2012.

      (2)  OJ C 334, 15.11.2013, p. 1.

      (3)  OJ C 365, 13.12.2013, p. 49.

      (4)  OJ C 331, 14.11.2013, p. 10.

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      (7)  OJ L 11, 16.1.2003, p. 1.

      (8)  OJ L 297, 22.9.2004, p. 6.

      (9)  OJ L 5, 9.1.2004, p. 85.

      (10)  OJ L 140, 1.6.2007, p. 52.

      (11)  OJ L 341, 18.12.2013, p. 73.


Avis juridique important

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31996D0677

Council Decision of 25 November 1996 concerning the extension of common position 95/544/CFSP on Nigeria

Official Journal L 315 , 04/12/1996 P. 0003 - 0003

COUNCIL DECISION of 25 November 1996 concerning the extension of common position 95/544/CFSP on Nigeria (96/677/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article J.2 thereof,Whereas, on 4 December 1995, the Council defined common position 95/544/CFSP (1) on Nigeria;Whereas by common position 96/361/CFSP (2) the said common position 95/544/CFSP on Nigeria has been extended until 4 December 1996;Whereas in the light of the considerations in paragraph 3 of the said common position 95/544/CFSP, the said common position should be further extended,HAS DECIDED AS FOLLOWS:1. Common position 95/544/CFSP shall be extended until 4 June 1997.2. This Decision shall be published in the Official Journal.Done at Brussels, 25 November 1996.For the CouncilThe PresidentD. SPRING(1) OJ No L 309, 21. 12. 1995, p. 1.(2) OJ No L 143, 15. 6. 1996, p. 1.


title: 2014/172/EU: Council Decision of 22 October 2013 on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               28.3.2014

               EN

               Official Journal of the European Union

               L 93/1

         COUNCIL DECISION
   of 22 October 2013
   on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   (2014/172/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,
   Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 24 September 2012, the Council authorised the Commission to open negotiations, on behalf of the Union and its Member States and the Republic of Croatia, with Montenegro in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).

               (2)

               Those negotiations were successfully completed by initialling the Protocol on 16 May 2013.

               (3)

               The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

               (4)

               The conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the European Atomic Energy Community.

               (5)

               In view of Croatia’s accession to the Union on 1 July 2013, the Protocol should be applied on a provisional basis from that date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the said Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
   Article 3
   The Protocol shall be applied on a provisional basis, in accordance with Article 12 thereof, as from 1 July 2013, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 22 October 2013.

            For the Council

            The President

         L. LINKEVIČIUS


title: Council Decision (CFSP) 2017/1562 of 14 September 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

text:
               15.9.2017

               EN

               Official Journal of the European Union

               L 237/86

         COUNCIL DECISION (CFSP) 2017/1562
   of 14 September 2017
   amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (1),
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 May 2016, the Council adopted Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea (‘DPRK’).

               (2)

               On 5 August 2017, the United Nations Security Council (‘UNSC’) adopted Resolution 2371 (2017) (‘UNSCR 2371 (2017)’) in which it expressed the gravest concern at the ballistic missile tests by the DPRK on 3 and 28 July 2017 and noted that all such activities contribute to the DPRK's development of nuclear weapons delivery systems and increase tension in the region and beyond.

               (3)

               UNSCR 2371 (2017) extends the prohibition on the import of certain goods from DPRK, the restrictions on financial transactions, and restrictions on DPRK ships.

               (4)

               UNSCR 2371 (2017) also limits the number of work authorisations that may be issued for DPRK nationals.

               (5)

               Further action by the Union is necessary to implement certain measures in this Decision.

               (6)

               Decision (CFSP) 2016/849 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision (CFSP) 2016/849 is amended as follows:

               (1)

               Article 7 is replaced by the following:
               ‘Article 7
               1.   The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of coal, iron, and iron ore, shall be prohibited, whether or not originating in the territory of the DPRK.
               2.   The Union shall take the necessary measures in order to determine the relevant items to be covered by paragraph 1.
               3.   Paragraph 1 shall not apply with respect to coal that, as confirmed by the procuring Member State on the basis of credible information, has originated from outside the DPRK and was transported through the DPRK solely for export from the port of Rajin (Rason), provided that that Member State notifies the Sanctions Committee in advance and such transactions are unrelated to generating revenue for the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016) or 2356 (2017), or by this Decision.
               4.   The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of lead and lead ore shall be prohibited, whether or not originating in the territory of the DPRK.
               5.   The Union shall take the necessary measures in order to determine the relevant items to be covered by paragraph 4.’.

               (2)

               The following article is inserted:
               ‘Article 9a
               1.   The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of seafood shall be prohibited, whether or not originating in the territory of the DPRK.
               2.   The Union shall take the necessary measures in order to determine the relevant items to be covered by paragraph 1, which shall include fish, crustaceans, molluscs, and other aquatic invertebrates in all forms.’.

               (3)

               In Article 11(2), point (c) is replaced by the following:

                           ‘(c)

                           the opening of new joint ventures or cooperative entities with DPRK entities or individuals, or the expansion of existing joint ventures through additional investments, whether or not acting for or on behalf of the government of the DPRK, unless such joint ventures or cooperative entities have been approved by the Sanctions Committee in advance on a case-by-case basis;’.

               (4)

               In Article 13, point (1) is replaced by the following:

                           ‘(1)

                           No transfer or clearing of funds to or from the DPRK shall take place, except for transactions that fall within the scope of point (3) and have been authorised in accordance with point (4).’.

               (5)

               The following article is inserted:
               ‘Article 13a
               Member States shall consider companies performing financial services commensurate with those provided by banks as financial institutions for the purposes of implementing Articles 13, 14 and 24a.’.

               (6)

               In Article 16, paragraph 6 is replaced by the following:
               ‘6.   Member States shall take the necessary measures to seize and dispose of, such as through destruction, rendering inoperable or unusable, storage, or transferring to a State other than the originating or destination State for disposal, items the supply, sale, transfer, or export of which is prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016) or 2371 (2017), that are identified in inspections, in a manner that is consistent with their obligations under applicable international law.’.

               (7)

               In Article 18a, the following paragraphs are added:
               ‘6.   Member States shall, if the designation by the Sanctions Committee has so specified, prohibit entry into their ports of a vessel designated by the Sanctions Committee, except in case of emergency or in case of return to its port of origination, or unless the Sanctions Committee determines in advance that such entry is required for humanitarian purposes or any other purposes consistent with the objectives of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017) or 2371 (2017).
               7.   Annex VI shall contain the vessels referred to in paragraph 6 of this Article designated by the Sanctions Committee in accordance with paragraph 6 of UNSCR 2371 (2017).’.

               (8)

               In Article 22, paragraph 1 is replaced by the following:
               ‘1.   It shall be prohibited to register vessels in the DPRK, to obtain authorisation for a vessel to use the DPRK flag, to own, lease, operate, or provide any vessel classification, certification or associated service, or to insure any vessel flagged by the DPRK, including chartering such vessels.’.

               (9)

               The following Article is inserted:
               ‘Article 26a
               1.   Member States shall not exceed, on any date after 5 August 2017, the total number of work authorisations for DPRK nationals provided in their jurisdictions and valid on 5 August 2017.
               2.   Paragraph 1 shall not apply where the Sanctions Committee approves in advance on a case-by-case basis that employment of additional DPRK nationals beyond the number of work authorisations provided in the Member State's jurisdiction on 5 August 2017 is required for the delivery of humanitarian assistance, denuclearisation or any other purpose consistent with the objectives of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017) or 2371(2017).’.

               (10)

               In Article 33, paragraph 1 is replaced by the following:
               ‘1.   The Council shall implement modifications to Annexes I, IV and VI on the basis of determinations made by the UN Security Council or by the Sanctions Committee.’.

               (11)

               The heading of Annex IV is replaced by the following:
               ‘List of vessels referred to in Article 18a(5)’.

               (12)

               The following Annex is added:‘
                  ANNEX VI
                  List of vessels referred to in Article 18a(7)
               ’.
         Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 14 September 2017.

            For the Council

            The President

         A. ANVELT

      (1)  OJ L 141, 28.5.2016, p. 79.


Avis juridique important

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32000D0745

2000/745/EC: Commission Decision of 29 November 2000 accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand (notified under document number C(2000) 3603)

Official Journal L 301 , 30/11/2000 P. 0088 - 0089

Commission Decisionof 29 November 2000accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand(notified under document number C(2000) 3603)(2000/745/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2) (the basic AD Regulation), and in particular Articles 8 and 9 thereof,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(3) (the basic AS Regulation), and in particular Articles 13 and 15 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) By Regulation (EC) No 1742/2000(4), the Commission imposed provisional antidumping duties on imports into the Community of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand.(2) By Regulation (EC) No 1741/2000(5), the Commission imposed provisional countervailing duties on imports into the Community of PET originating in India, Malaysia, Taiwan and Thailand.(3) Following the adoption of the provisional anti-dumping and countervailing measures, the Commission continued the investigation of dumping, subsidisation, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Regulation (EC) No 2604/2000(6) imposing definitive anti-dumping duties on imports of PET originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand and in Council Regulation (EC) No 2603/2000(7) imposing definitive countervailing duties on imports of PET originating in India, Malaysia and Thailand.(4) The investigations confirmed the provisional findings of injurious dumping relating to imports originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand and of injurious subsidisation relating to imports originating in India, Malaysia and Thailand.B. UNDERTAKINGS(5) Subsequent to the adoption of provisional anti-dumping and countervailing measures, two exporting producers in India that participated in both investigations offered undertakings (within the meaning of Article 8(1) of the basic AD Regulation and Article 13(1) of the basic AS Regulation). Moreover, as regards the anti-dumping investigation, two of the exporting producers in Indonesia offered undertakings. According to these undertakings, the exporting producers in question have offered not to sell to their unrelated customers below certain minimum prices.(6) The Commission considers that the undertakings offered by the Indian companies, Pearl Engineering Polymers Limited and Reliance Industries Limited, can be accepted since they eliminate the injurious effects of dumping and subsidisation. The Commission also considers that the undertakings offered by the Indonesian company, P.T. Polypet Karyapersada, can be accepted since it eliminates the injurious effect of dumping. Moreover, the regular and detailed reports which the companies undertook to provide to the Commission will allow effective monitoring. Furthermore, the cooperation of these companies during the investigation, their structure and their sales organisation, and the specificities of the present product are such that the Commission considers that the risk of circumvention of the undertaking(s) will be limited.(7) A second Indonesian company also offered an undertaking. However, the company provided false and misleading information in respect of certain aspects of the antidumping investigation which affected the accuracy and reliability of its cooperation (See recital 13 of Regulation (EC) No 2604/2000). Accordingly, the Commission was not satisfied that an undertkaing from this company could be effectively monitored and the offer was rejected.(8) In order to ensure the effective respect and monitoring of the undertakings, when the request for release for free circulation pursuant to the undertakings is presented, exemption from the duty is conditional on presentation to the customs service of the Member State concerned of a valid "Undertaking invoice". Such undertaking invoice has to be issued by the exporting producers from whom the undertakings are accepted and must contain the information listed in the Annexes to Regulation (EC) No 2604/2000 and Regulation (EC) No 2603/2000. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of duty should be payable in order to ensure the effective application of the undertakings.(9) In the event of a breach, or withdrawal of the undertakings, or if there are reasons to believe that the undertakings have been breached, a provisional or definitive duty may be imposed pursuant to Article 8(9) and (10) of the basic AD Regulation and, where applicable, pursuant to Article 13(9) and (10) of the basic AS Regulation,HAS ADOPTED THIS DECISION:Article 1The undertakings offered by the exporting producers mentioned below, in the framework of the anti-dumping proceeding concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand and in the framework of the anti-subsidy proceeding concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand are hereby accepted.>TABLE>Article 2This Decision shall enter into force the day after its publication in the Official Journal of the European Communities.This Decision shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 29 November 2000.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ L 288, 21.10.1997, p. 1.(4) OJ L 199, 5.8.2000, p. 48.(5) OJ L 199, 5.8.2000, p. 6.(6) See page 21 of this Official Journal.(7) See page 1 of this Official Journal.


title: 2010/282/: Council Decision of 19 January 2010 on the existence of an excessive deficit in Austria

text:
               21.5.2010

               EN

               Official Journal of the European Union

               L 125/32

         COUNCIL DECISION
   of 19 January 2010
   on the existence of an excessive deficit in Austria
   (2010/282/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union and, in particular, Article 126(6) in conjunction with Article 126(13) and Article 136 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the observations made by Austria,
   Whereas:

               (1)

               According to Article 126(1) of the Treaty on the Functioning of the European Union, Member States shall avoid excessive government deficits.

               (2)

               The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

               (3)

               The excessive deficit procedure (EDP) under Article 126 of the Treaty on the Functioning of the European Union, as clarified by Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (1) (which is part of the Stability and Growth Pact), provides for a decision on the existence of an excessive deficit. Regulation (EC) No 1467/97 also establishes provisions for the implementation of Article 104 of the Treaty establishing the European Community, which has become Article 126 of the Treaty on the Functioning of the European Union. The Protocol on the excessive deficit procedure annexed to the Treaty on the Functioning of the European Union sets out further provisions relating to the implementation of the EDP. Council Regulation (EC) No 479/2009 (2) lays down detailed rules and definitions for the application of the provisions of that Protocol.

               (4)

               The 2005 reform of the Stability and Growth Pact sought to strengthen its effectiveness and economic underpinnings as well as to safeguard the sustainability of the public finances in the long run. It aimed at ensuring that, in particular, the economic and budgetary background was taken into account fully in all steps in the EDP. In this way, the Stability and Growth Pact provides the framework supporting government policies for a prompt return to sound budgetary positions taking account of the economic situation.

               (5)

               Article 104(5) of the Treaty establishing the European Community, which has become Article 126(5) of the Treaty on the Functioning of the European Union, required the Commission to address an opinion to the Council if the Commission considered that an excessive deficit in a Member State existed or might occur. Having taken into account its report in accordance with Article 104(3) of the Treaty establishing the European Community, which has become Article 126(3) of the Treaty on the Functioning of the European Union, and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4) of the Treaty establishing the European Community, which has become Article 126(4) of the Treaty on the Functioning of the European Union, the Commission concluded that an excessive deficit existed in Austria. The Commission therefore addressed such an opinion to the Council in respect of Austria on 11 November 2009 (3).

               (6)

               Article 126(6) of the Treaty on the Functioning of the European Union of the Treaty states that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists. In the case of Austria, this overall assessment leads to the conclusions set out in this Decision.

               (7)

               According to data notified by the Austrian authorities in October 2009, the general government deficit in Austria is planned to reach 3,9 % of GDP in 2009, thus remaining above and not close to the 3 % of GDP reference value. Based on the Commission services’ autumn 2009 forecast, the planned excess over the reference value qualifies as exceptional within the meaning of the Treaty and the Stability and Growth Pact. In particular, it results from a severe economic downturn in the sense of the Treaty and the Stability and Growth Pact. According to the Commission services’ 2009 autumn forecast, real GDP in Austria is projected to contract sharply in 2009 by – 3,7 %. The recession reflects the abrupt decline in private investment and foreign trade in the export-oriented manufacturing sector as a consequence of the financial crisis and the global slowdown, in particular the much lower growth prospects of the main trading partners (Euro area, Central and Eastern Europe). Furthermore, the planned excess over the reference value cannot be considered temporary. According to the Commission services’ autumn 2009 forecast, taking into account the fiscal measures adopted in the current year, the deficit would widen to 5,5 % in 2010 and 5,3 % of GDP in 2011 on a no-policy change basis. The deficit criterion in the Treaty is not fulfilled.

               (8)

               According to data notified by the Austrian authorities in October 2009, the general government gross debt has been above the 60 % of GDP reference value since 2008 and is planned to stand at 68,2 % of GDP in 2009. According to the Commission services’ autumn 2009 forecast, the debt ratio is expected to rise further to 73,9 % in 2010 and 77 % of GDP in 2011. The debt ratio cannot be considered as diminishing sufficiently and approaching the reference value at a satisfactory pace within the meaning of the Treaty and the Stability and Growth Pact. The debt criterion in the Treaty is not fulfilled.

               (9)

               According to Article 2(4) of Regulation (EC) No 1467/97, ‘relevant factors’ can only be taken into account in the steps leading to the Council decision on the existence of an excessive deficit in accordance with Article 126(6) of the Treaty on the Functioning of the European Union if the double condition — that the deficit remains close to the reference value and that its excess over the reference value is temporary — is fully met. In the case of Austria, this double condition is not met. Therefore, relevant factors are not taken into account in the steps leading to this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   From an overall assessment it follows that an excessive deficit exists in Austria.
   Article 2
   This Decision is addressed to the Republic of Austria.

      Done at Brussels, 19 January 2010.

            For the Council

            The President

         E. SALGADO

      (1)  OJ L 209, 2.8.1997, p. 6.

      (2)  OJ L 145, 10.6.2009, p. 1.

      (3)  All EDP-related documents for Austria can be found at the following website: http://ec.europa.eu/economy_finance/netstartsearch/pdfsearch/pdf.cfm?mode = _m2


title: 2006/281/EC,Euratom: Decision of the Representatives of the Governments of the Member States of  6 April 2006  appointing Judges and Advocates-General to the Court of Justice of the European Communities

text:
               13.4.2006

               EN

               Official Journal of the European Union

               L 104/39

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

   of 6 April 2006
   appointing Judges and Advocates-General to the Court of Justice of the European Communities
   (2006/281/EC, Euratom)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 223 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,
   Whereas:

               (1)

               The terms of office of Messrs Peter JANN, Christiaan TIMMERMANS, Konrad SCHIEMANN, Jiří MALENOVSKÝ, Jean-Pierre PUISSOCHET, Ms Ninon COLNERIC and Messrs Stig VON BAHR, Antonio TIZZANO, José Narciso DA CUNHA RODRIGUES, Pranas KŪRIS, George ARESTIS, Anthony BORG BARTHET, Egils LEVITS, Judges, and those of Ms Christine STIX-HACKL and Messrs Philippe LÉGER, Leendert GEELHOED and Paolo MENGOZZI, Advocates-General to the Court of Justice of the European Communities, expire on 6 October 2006.

               (2)

               A partial replacement of the members of the Court of Justice of the European Communities should take place for the period from 7 October 2006 to 6 October 2012. However, in the absence of a proposal, the appointment of one judge cannot take place until a later date,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   1.   The following are hereby appointed Judges of the Court of Justice of the European Communities for the period from 7 October 2006 to 6 October 2012:

               Mr George ARESTIS

               Mr Jean-Claude BONICHOT

               Mr Anthony BORG BARTHET

               Mr José Narciso DA CUNHA RODRIGUES

               Mr Peter JANN

               Mr Pranas KŪRIS

               Mr Egils LEVITS

               Ms Pernilla LINDH

               Mr Jiří MALENOVSKÝ

               Mr Christiaan TIMMERMANS

               Mr Antonio TIZZANO

               Mr Konrad SCHIEMANN.

         2.   The following are hereby appointed Advocates-General of the Court of Justice of the European Communities for the period from 7 October 2006 to 6 October 2012:

               Mr Yves BOT

               Mr Ján MAZÁK

               Mr Paolo MENGOZZI

               Ms Verica TRSTENJAK.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 6 April 2006.

            The President

         G. WOSCHNAGG


title: Council Decision (EU) 2015/1289 of 13 July 2015 imposing a fine on Spain for the manipulation of deficit data in the Autonomous Community of Valencia

text:
               28.7.2015

               EN

               Official Journal of the European Union

               L 198/19

         COUNCIL DECISION (EU) 2015/1289
   of 13 July 2015
   imposing a fine on Spain for the manipulation of deficit data in the Autonomous Community of Valencia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1173/2011 of the European Parliament and of the Council of 16 November 2011 on the effective enforcement of budgetary surveillance in the euro area (1), and in particular Article 8(1) thereof,
   Having regard to Commission Delegated Decision 2012/678/EU of 29 June 2012 on investigations and fines related to the manipulation of statistics as referred to in Regulation (EU) No 1173/2011 (2),
   Having regard to the Commission's report on the investigation related to the manipulation of statistics in Spain as referred to in Regulation (EU) No 1173/2011 adopted on 7 May 2015,
   Having regard to the recommendation from the European Commission,
   Whereas:

               (1)

               According to Article 126(1) of the Treaty on the Functioning of the European Union (TFEU), Member States are to avoid excessive government deficits. Government deficit and debt data relevant for the application of Articles 121 and 126 TFEU, or for the application of Protocol No 12 on the excessive deficit procedure annexed to the Treaties, are an essential input to economic policy coordination in the Union.

               (2)

               In order to enhance the enforcement of budgetary surveillance in the euro area, and to deter misrepresentation, whether intentional or due to serious negligence, of government deficit and debt data, the Council, acting upon a recommendation by the Commission, may decide to impose a fine on the Member State responsible.

               (3)

               On 11 July 2014, the Commission launched an investigation related to the manipulation of statistics in Spain as referred to in Regulation (EU) No 1173/2011. The preliminary findings of the investigation were sent to Spain for its observations on 19 February 2015, as required by Delegated Decision 2012/678/EU. Spain provided its written observations on the preliminary findings on time.

               (4)

               On 7 May 2015, the Commission adopted a report on the investigation related to the manipulation of statistics in Spain as referred to in Regulation (EU) No 1173/2011, taking into account the observations provided by Spain.

               (5)

               In its report, the Commission has concluded that an entity within the general government sector of Spain, the Regional Audit Office of the Autonomous Community of Valencia, was seriously negligent concerning the non-recording of health expenditure and the non-respect of the accrual principle in national accounts, leading to incorrect reporting of the government deficit data of Spain to the Commission (Eurostat) in March 2012. Based on the findings of the Commission, it is appropriate to conclude that a misrepresentation of deficit data due to serious negligence took place when Spain reported the incorrect figures to Eurostat in March 2012. These elements justify the imposition of a fine.

               (6)

               The amount of the fine should not exceed 0,2 % of the gross domestic product of Spain in 2014.

               (7)

               The reference amount of the fine to be imposed should be equal to 5 % of the larger impact of the misrepresentation of the general government deficit of Spain for the relevant years covered by the notification in the context of the excessive deficit procedure (EDP). The revision to the expenditure reported by Spain for the April 2012 EDP notification amounted to EUR 1,893 billion. The reference amount should thus be set at EUR 94,65 million.

               (8)

               Taking into account the criteria set out in point (a) of Article 14(3) of Delegated Decision 2012/678/EU, the Commission, in its report, has concluded that the misrepresentation of data had no significant impact on the functioning of the strengthened economic governance of the Union, due to the limited impact on the deficit of Spain as a whole. Moreover, it concludes that the reporting of the correct figures followed shortly after the publication of the incorrect deficit data for Spain in April 2012, allowing the revision of the deficit data for Spain to take place still in 2012. These elements justify a reduction of the amount of the fine.

               (9)

               Taking into account the criteria set out in point (b) of Article 14(3) of Delegated Decision 2012/678/EU, the Commission, in its report, has concluded that the misrepresentation was the result of serious negligence. No modulation should be applied to the amount of the fine in this respect.

               (10)

               Taking into account the criteria set out in point (c) of Article 14(3) of Delegated Decision 2012/678/EU, the Commission, in its report, has concluded that the misrepresentation of data was essentially the work of one entity within the general government sector of Spain. These elements justify a reduction in the amount of the fine.

               (11)

               Taking into account the criteria set out in point (d) of Article 14(3) of Delegated Decision 2012/678/EU, the Commission, in its report, has concluded that the relevant actions of the Member State on which a fine may be based are those which took place in the period from 13 December 2011, when Regulation (EU) No 1173/2011 entered into force, until the launch of the investigation, namely, 11 July 2014. It has also concluded that the incorrectly reported deficit data were corrected in connection with the revision in the October 2012 EDP notification. No modulation should be applied to the amount of the fine on account of the duration of the misrepresentation.

               (12)

               Taking into account the criteria set out in point (e) of Article 14(3) of Delegated Decision 2012/678/EU, the Commission, in its report, has concluded that the Spanish statistical authorities and all the entities concerned have shown a high degree of cooperation in the course of the investigation. These elements justify a reduction in the amount of the fine.

               (13)

               In view of these circumstances, the fine to be imposed on Spain should be set at EUR 18,93 million,

         HAS ADOPTED THIS DECISION:
   Article 1
   A fine of EUR 18,93 million is imposed on Spain for the misrepresentation, due to serious negligence, of government deficit data, as set out in the report of the European Commission on the investigation related to the manipulation of statistics in Spain as referred to in Regulation (EU) No 1173/2011.
   Article 2
   This Decision is addressed to the Kingdom of Spain.

      Done at Brussels, 13 July 2015.

            For the Council

            The President

         F. ETGEN

      (1)  OJ L 306, 23.11.2011, p. 1.

      (2)  OJ L 306, 6.11.2012, p. 21.


title: Decision (EU, Euratom) 2017/620 of the Representatives of the Governments of the Member States of 29 March 2017 appointing a Judge to the General Court

text:
               1.4.2017

               EN

               Official Journal of the European Union

               L 89/9

         DECISION (EU, Euratom) 2017/620 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 29 March 2017
   appointing a Judge to the General Court
   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 254 and 255 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
   Whereas:

               (1)

               Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union, as amended by Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council (1), provides that the General Court consists of 47 Judges as from 1 September 2016. Article 2(b) of that Regulation fixes the term of office of the seven additional Judges in such a way that the end of their term of office corresponds to the partial replacements of the General Court which will take place on 1 September 2019 and 1 September 2022.

               (2)

               It is on that basis that Mr Colm MAC EOCHAIDH has been nominated for the post of additional Judge of the General Court.

               (3)

               The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr MAC EOCHAIDH to perform the duties of Judge of the General Court.

               (4)

               Mr MAC EOCHAIDH should therefore be appointed for the period from the date of entry into force of this Decision to 31 August 2019,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Mr Colm MAC EOCHAIDH is hereby appointed Judge of the General Court for the period from the date of entry into force of this Decision to 31 August 2019.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 29 March 2017.

            The President

         M. BONNICI

      (1)  Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of 16 December 2015 amending Protocol No 3 on the Statute of the Court of Justice of the European Union (OJ L 341, 24.12.2015, p. 14).