title: 2010/487/Euratom: Council Decision of 9 October 2009 on the conclusion, by the Commission, of the Agreement for cooperation between the European Atomic Energy Community and the Government of the Republic of India in the field of fusion energy research

text:
               15.9.2010

               EN

               Official Journal of the European Union

               L 242/25

         COUNCIL DECISION
   of 9 October 2009
   on the conclusion, by the Commission, of the Agreement for cooperation between the European Atomic Energy Community and the Government of the Republic of India in the field of fusion energy research
   (2010/487/Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101, second paragraph thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Commission has, in accordance with the Council directives of 22 July 2008, conducted negotiations on an Agreement for cooperation between the European Atomic Energy Community and the Government of the Republic of India in the field of fusion energy research.

               (2)

               The conclusion, by the Commission, of the Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The conclusion, by the Commission, for and on behalf of the European Atomic Energy Community, of the Agreement for cooperation between the European Atomic Energy Community and the Government of the Republic of India in the field of fusion energy research, is hereby approved.
   The text of the Agreement is attached to this Decision.

      Done at Brussels, 9 October 2009.

            For the Council

            The President

         Å. TORSTENSSON

    ---documentbreak---

               15.9.2010

               EN

               Official Journal of the European Union

               L 242/26

         AGREEMENT
   for cooperation between the European Atomic Energy Community and the Government of the Republic of India in the field of fusion energy research
   THE EUROPEAN ATOMIC ENERGY COMMUNITY (Euratom),
   and
   THE GOVERNMENT OF THE REPUBLIC OF INDIA,
   (hereinafter referred to collectively as ‘the Parties’),
   WHEREAS in the Cooperation Agreement between the European Community and the Republic of India on partnership and development concluded on 20 December 1993 the Parties undertake to promote cooperation in the field of energy and the protection of the environment;
   DESIRING TO continue to promote the development of fusion energy as a potentially environmentally acceptable, economically competitive, and virtually limitless source of energy,
   HAVE AGREED AS FOLLOWS:
   Article I
   Objective
   The objective of this Agreement is to intensify cooperation between the Parties in the areas covered by their respective fusion programmes, on the basis of mutual benefit and overall reciprocity, in order to develop the scientific understanding and technological capability underlying a fusion energy system.
   Article II
   Areas of Cooperation
   The areas of cooperation under this Agreement may include the following:

               (a)

               tokamaks, including the large projects of the present generation and activities relating to those of the next generation;

               (b)

               alternatives to tokamaks;

               (c)

               magnetic fusion energy technology;

               (d)

               plasma theory and applied plasma physics;

               (e)

               programme policies and plans; and

               (f)

               other areas as mutually agreed upon in writing by the Parties insofar as they are covered by their respective programmes.

         Article III
   Forms of Cooperation
   1.   The forms of cooperation under this Agreement may include, but are not limited to, the following:

               (a)

               exchange and provision of information and data on scientific and technical activities, developments, practices and results, and on programme policies and plans, including the exchange of undisclosed information under the terms and conditions set out in Articles VI and VII;

               (b)

               exchange of scientists, engineers and other specialists for agreed periods of time in order to participate in experiments, analysis, design and other research and development activities in accordance with Article VIII;

               (c)

               organisation of seminars and other meetings to discuss and exchange information on agreed topics in the areas listed in Article II, and to identify cooperative activities which may be usefully undertaken in accordance with Article V;

               (d)

               exchange and provision of samples, materials, equipment (instruments and components) for experiments, testing and evaluation in accordance with Articles IX and X;

               (e)

               execution of joint studies, projects or experiments including their joint design, construction and operation;

               (f)

               establishment of data links such as, but not limited to, remote data analysis tools; and

               (g)

               other specific forms of cooperation as mutually agreed by the Parties in writing.

         2.   The Parties shall coordinate the activities, as appropriate, under this Agreement, with other international fusion research and development activities, in order to minimise duplication of effort. Nothing in this Agreement shall be construed to prejudice existing or future arrangements for cooperation between the Parties.
   Article IV
   Coordinating Committee and Executive Secretaries
   1.   The Parties shall establish a Coordinating Committee to coordinate and supervise the conduct of activities under this Agreement. Each Party shall appoint an equal number of members to the Coordinating Committee and nominate one of its appointed members as the Head of its Delegation. The Coordinating Committee shall meet annually, alternately in the Republic of India and in the European Union, or at other agreed times and places. The Head of the Delegation of the receiving Party shall chair the meeting.
   2.   The Coordinating Committee shall draw up a plan of cooperative activity and approve and review the progress of ongoing cooperative activities under this Agreement. It shall also coordinate, propose, and approve future cooperative activities that are within the scope of this Agreement with regard to their technical merit and level of effort to ensure mutual benefit and overall reciprocity within the Agreement.
   3.   All decisions of the Coordinating Committee shall be taken by consensus.
   4.   Each Party shall nominate an Executive Secretary to act on its behalf during periods between meetings of the Coordinating Committee in all matters concerning cooperation under this Agreement. The Executive Secretaries shall be responsible for the day-to-day management of that cooperation.
   Article V
   Implementation
   1.   Each Party shall designate appropriate entities for the implementation of activities under this Agreement.
   2.   When the Coordinating Committee approves a cooperative activity, it shall approve, where necessary, a Project Plan under this Agreement and subject to its terms.
   3.   Each Project Plan shall list the entities designated to implement the project, and include detailed provisions for the implementation of the cooperative activity, including but not limited to its technical scope and management, the applicable decontamination responsibilities, exchange of undisclosed information, exchange of equipment, treatment of intellectual property, total costs, cost-sharing and its schedule, as appropriate.
   Article VI
   Availability and Dissemination of Information
   1.   Subject to its applicable laws and regulations and to the provisions of this Agreement, each Party and its designees shall undertake to make freely available to the other Party and its designees any information at its disposal which is required for the execution of collaborative activities under this Agreement.
   2.   The Parties shall support the widest possible dissemination of information which they have the right to disclose, and which is either developed jointly or intended to be provided or exchanged pursuant to this Agreement, subject to the need to protect undisclosed information and the need to protect intellectual property created or furnished under this Agreement.
   3.   Information transmitted by one Party to the other Party under this Agreement shall be accurate to the best knowledge and belief of the transmitting Party, but the transmitting Party does not warrant the suitability of the information transmitted for any particular use or application by the receiving Party or by any third party. Information developed jointly by the Parties shall be accurate to the best knowledge and belief of both Parties. Neither Party warrants the accuracy of the jointly developed information or its suitability for any particular purpose, use or application by either Party or by any third party.
   Article VII
   Intellectual Property
   The protection and allocation of intellectual property created or furnished in the course of cooperative activities under this Agreement shall be governed by the provisions in Annex A, which shall form an integral part of this Agreement and shall apply to all activities conducted under this Agreement.
   Article VIII
   Exchanges of Personnel
   The following provisions shall apply concerning exchanges of personnel between the Parties or their designees under this Agreement:

               (a)

               each Party shall ensure the selection of qualified personnel with the skills and competence necessary to conduct the activities planned under this Agreement. Every such exchange of personnel shall be mutually agreed in advance by an Exchange of Letters between the Parties, referencing this Agreement and its pertinent intellectual property provisions as well as the cooperative activity concerned;

               (b)

               each Party shall be responsible for the salaries, insurance, and allowances to be paid to its exchanged personnel;

               (c)

               the sending Party shall pay for the travel and living expenses of its exchanged personnel staying at the host establishment, unless otherwise agreed;

               (d)

               the receiving Party shall arrange for adequate accommodations for the other Party’s exchanged personnel (and their families forming part of their household) on a mutually agreeable, reciprocal basis;

               (e)

               the receiving Party shall provide all necessary assistance under its relevant laws and regulations to the exchanged personnel of the other Party regarding administrative formalities (e.g. acquiring visas);

               (f)

               each Party shall ensure that the exchanged personnel abide by the general rules regarding work and safety regulations in force at the host establishment; and

               (g)

               each Party may, at its own expense, observe specific test activities and analytical work of the other Party in the areas of cooperation defined in Article II. Such observation may be carried out by visits of personnel, subject to the prior agreement of the receiving Party on each occasion.

         Article IX
   Exchanges of Equipment, Samples, etc.
   In the event that equipment, instruments, samples, materials or necessary spare parts (hereinafter referred to as ‘the equipment, etc.’) are to be exchanged, loaned or supplied by one Party or its designees to the other or its designees, the following provisions shall apply covering the shipment and use of the equipment, etc.:

               (a)

               the sending Party shall supply as soon as possible a detailed list of the equipment, etc., to be provided, with the relevant specifications and technical and informational documentation;

               (b)

               the equipment, etc. supplied by the sending Party shall remain its property and shall be returned to the sending Party on a date to be determined by the Coordinating Committee unless otherwise agreed in the Project Plan referred to in Article V;

               (c)

               the equipment, etc. shall be brought into operation at the host establishment only by mutual agreement between the Parties; and

               (d)

               the receiving Party shall provide the necessary premises for the equipment, etc. and shall provide for electrical power, water, gas, etc., in accordance with technical requirements, which shall be mutually agreed by the Parties.

         Article X
   General Provisions
   1.   Each Party shall conduct the activities provided for in this Agreement subject to its applicable laws and regulations, and shall provide resources subject to the availability of appropriated funds.
   2.   Unless otherwise specifically agreed in writing by the Parties, all costs resulting from cooperation under this Agreement shall be borne by the Party that incurs them.
   3.   All questions of interpretation or implementation relating to this Agreement arising during its term shall be resolved by agreement of the Parties.
   4.   This Agreement shall apply, in so far as Euratom is concerned, to the territories to which the Treaty establishing Euratom applies and to the territories of the countries participating in the Euratom fusion program as fully associated third States.
   Article XI
   Duration, Amendment and Termination
   1.   This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed, and shall remain in force for five (5) years. Unless one Party notifies the other Party in writing of its intention to terminate this Agreement at least six (6) months before its expiration, this Agreement shall be extended automatically for additional periods of five (5) years.
   2.   This Agreement may be amended by written agreement of the Parties.
   3.   All joint efforts and experiments not completed at the termination or expiration of this Agreement may be continued until their completion under the terms of this Agreement.
   4.   This Agreement and any Project Plan hereunder may be terminated at any time at the discretion of either Party upon six (6) months’ advance notification in writing by the Party seeking to terminate this Agreement or Project Plan. Such termination shall be without prejudice to the rights that may have accrued under this Agreement or Project Plan to either Party up to the date of the termination.
   5.   This Agreement is drawn up in duplicates in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Lithuanian, Latvian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

      In witness whereof, the undersigned, being duly authorised thereto, have signed this Agreement.
      Done at New Delhi this sixth day of November in the year two thousand and nine.

            For the European Atomic Energy Community

         BENITA FERRERO-WALDNER

            For the Government of the Republic of India

         ANIL KAKODKAR

   ANNEX A

      INTELLECTUAL PROPERTY RIGHTS

   Rights to intellectual property created or furnished under this Agreement shall be allocated as follows:
   I.   Application

   This Annex is applicable to all cooperative activities undertaken pursuant to this Agreement, except as otherwise specifically agreed.
   II.   Ownership, Allocation and Exercise of Rights

   A.   For purposes of this Agreement ‘Intellectual Property’ shall have the meaning found in Article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm, 14 July 1967.
   B.   This Annex addresses the allocation of rights, interests and royalties between the Parties. Each Party shall ensure that the other Party may obtain the rights to intellectual property allocated to it in accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation of such rights, interests and royalties between a Party and its nationals, which shall be determined by that Party’s laws and practices.
   C.   The termination or expiry of this Agreement shall not affect the rights or obligations arising under this Annex.

               (1)

               In the case of cooperative activities between the Parties, intellectual property arising from joint research, i.e. research supported by both Parties, shall be treated in a Technology Management Plan (TMP) according to the following principles:

                           (a)

                           the Parties shall notify each other within a reasonable time of any intellectual property rights arising under this Agreement or relevant implementing arrangements;

                           (b)

                           unless otherwise agreed, rights and interests in intellectual property created during joint research shall be exploitable by either Party without territorial restriction;

                           (c)

                           each Party shall seek protection for the intellectual property to which it obtains rights and interests under the TMP in a timely fashion;

                           (d)

                           each Party shall have a non-exclusive, irrevocable, royalty-free license to use any intellectual property arising under this Agreement for research purposes only; and

                           (e)

                           visiting researchers having participated in the creation of intellectual property shall receive intellectual property rights and royalty shares earned by the host institutions from licensing of such intellectual property rights under the policies of the host institutions. Each Party shall accord to the visiting researchers no less favourable treatment than that it accords to its own nationals with regard to the grant of the aforementioned intellectual property rights and royalty shares. In addition, each visiting researcher named as an inventor shall be entitled to treatment as a national of the host Party with regard to awards, bonuses, benefits, or any other rewards, in accordance with the policy of the host institution and the respective laws of the Parties applicable thereto.

               (2)

               In the case of cooperative activities other than joint research which falls within the provisions of paragraph II.D.(1), to the extent required by its laws and regulations, each Party shall require all its participants to enter into specific agreements concerning the implementation of joint research activities and the respective rights and obligations of the participants. With respect to intellectual property, the agreements will normally address, among other things, ownership, protection, user rights for research purposes, exploitation and dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and dispute settlement procedures. The agreements may also address other issues such as access to foreground and background information, licensing and deliverables.

         E.   While maintaining the conditions of competition in areas affected by this Agreement, each Party shall endeavour to ensure that rights acquired pursuant to this Agreement and arrangements made under it are exercised in such a way as to encourage, in particular, (i) the use of information created, or otherwise made available, under this Agreement and its dissemination insofar as this is in accordance both with the conditions set out in this Agreement, the provisions of Section IV hereof and any rules which may be in force under the applicable laws of the Parties governing the treatment of sensitive or confidential information in the nuclear field, and (ii) the adoption and implementation of international standards.
   III.   Copyright Works

   In accordance with the terms of this Agreement, copyright belonging to the Parties shall be accorded treatment consistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights administered by the World Trade Organisation.
   IV.   Scientific Literary Works

   Subject to the treatment provided for undisclosed information in Section V, the following procedures shall apply:

               A.

               Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries to translate, reproduce and publicly distribute information contained in scientific and technical journals, articles, reports, books, or other media, directly arising from joint research pursuant to this Agreement by or on behalf of the Parties.

               B.

               All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named. They shall also bear a clearly visible acknowledgment of the cooperative support of the Parties.

         V.   Undisclosed Information

   A.   Documentary Undisclosed Information

               (1)

               Each Party shall identify at the earliest possible moment the information that they wish to remain undisclosed in relation to this Agreement, taking account, inter alia, of the following criteria:

                           (a)

                           the information is secret in the sense that it is not, as a body or in the precise configuration or assembly of its components, generally known or readily accessible by lawful means;

                           (b)

                           the information has actual or potential commercial value by virtue of its secrecy; and

                           (c)

                           the information has been subject to steps that were reasonable under the circumstances by the person lawfully in control, to maintain its secrecy. The Parties may in certain cases agree that, unless otherwise indicated, parts or all of the information provided, exchanged or created in the course of joint research pursuant to this Agreement may not be disclosed.

               (2)

               Each Party shall ensure that undisclosed information under this Agreement and its ensuing privileged nature is readily recognisable as such by the other Party, for example, by means of an appropriate marking or restrictive legend. This also applies to any reproduction of the said information, in whole or in part. A Party or participant receiving undisclosed information pursuant to this agreement shall respect the privileged nature thereof. These limitations shall automatically terminate when this information is disclosed by the owner without restriction.

               (3)

               Undisclosed information communicated under this Agreement may be disseminated by the receiving Party to persons employed by the receiving Party, including its contractors and other concerned departments of the Party authorised for the specific purposes of the joint research underway, on a-need-to-know basis and provided that any undisclosed information so disseminated shall be protected in accordance with this Annex and to the extent provided by each Party’s laws and regulations, and shall be readily recognisable as such, as set out above.

         B.   Non-Documentary Undisclosed Information
   Non-documentary undisclosed or other confidential or privileged information provided in seminars and other meetings arranged under this Agreement, or information arising from the attachment of staff, use of facilities, or joint projects, shall be treated by the Parties or their designees according to the principles specified for documentary information in this Agreement, provided, however, that the recipient of such undisclosed or other confidential or privileged information has been made aware in writing of the confidential character of the information communicated not later than the time such a communication is made.
   C.   Control
   Each Party shall endeavour to ensure that undisclosed information received by it under this Agreement shall be controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably expected to become, unable to meet the non-dissemination provisions of paragraphs A and B above, it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.
   VI.   Dispute Settlement and New Types and Unforeseen Intellectual Property

   A.   Disputes between the Parties concerning intellectual property shall be resolved in accordance with Article X, 3 of the Agreement. However, upon mutual agreement between the Parties, such a dispute may be submitted to an international arbitral tribunal for binding arbitration in accordance with the applicable rules of international law. Unless otherwise agreed, the arbitration rules of United Nations Commission on International Trade Law (UNCITRAL) shall govern.
   B.   In the event either Party concludes that a new type of intellectual property not covered in a TMP or agreement between designated entities may result from a cooperative activity undertaken pursuant to this Agreement, or if other unforeseen difficulties arise, the Parties shall enter into immediate discussions with the object of assuring that the protection, exploitation and dissemination of the intellectual property in question are adequately provided for in their respective territories.


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31984D0337

84/337/Euratom, EEC: Council Decision of 29 June 1984 on the multiannual research and training programmes to be carried out by the Joint Research Centre (JRC)

Official Journal L 177 , 04/07/1984 P. 0023 - 0024 Spanish special edition: Chapter 12 Volume 4 P. 0114  Portuguese special edition Chapter 12 Volume 4 P. 0114

*****COUNCIL  DECISION  of 29 June 1984  on the multiannual research and training programmes to be carried out by the Joint Research Centre (JRC)  (84/337/Euratom, EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 thereof,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1), presented after consultation of the Scientific and Technical Committee,  Having regard to the opinion of the European Parliament (2),  Whereas a programme which stretches over several years cannot, given the rapid developments in science, lay down in advance the details of all the research activities required; whereas this is particularly the case with the multiannual programme of the Joint Research Centre (JRC); whereas this programme should therefore be invested with a higher degree of flexibility, and provision should be made for the instruments enabling it to be speedily adapted;  Whereas it is therefore desirable to establish a procedure which enables the Commission, with the participation of representatives of the Member States, to take the decisions necessary for the adaptation of the programme, the general content of which has been adopted by the Council, and to ensure close cooperation between the JRC and the Member States with regard to the implementation of the research programmes;  Whereas adaptation of the multiannual programme will not affect existing financial arrangements (Financial Regulation) or compliance with the budgetary procedure (preparation of the financing plan and definition of the conditions for its application);  Whereas, by its Decision 84/339/Euratom (3), the Commission, in altering the structure of the JRC, has set up a Board of Governors and a Scientific Council to advise it and assist it in its tasks,  HAS DECIDED AS FOLLOWS:  Article 1  The Council shall adopt the JRC multiannual programme with reference to the following guidelines:  (a) it shall indicate the research fields, corresponding to research action programmes, in which work is to be carried out under the programme;  (b) it shall provide an estimate of the relevant proportions of financing and staffing required for research work within each field;  (c) it shall provide an estimate of the resources necessary for the implementation of the programme, on the basis of:  - the staff complement authorized for the duration of the programme, and  - the financial cost of the programme in ECU, at the value obtaining when the decision adopting the multiannual programme is taken.  Article 2  Should the need arise, and within the framework fixed by the Council Decision on the multiannual programme, the Commission is authorized, under the conditions provided for in Article 3, to take the necessary decisions in order to adapt the JRC multiannual programme, either to take account of research requirements that emerge at Community level after the multiannual programme has been adopted or to allow the JRC the flexibility it requires.  Article 3  Where the Commission considers it necessary to adapt the JRC multiannual programme within the framework defined in the Council Decision on the multiannual programme, it shall submit a draft measure for the approval of the JRC Board of Governors established under Article 4 of Commission Decision 71/57/Euratom (4), as last amended by Decision 84/339/Euratom, and shall inform the Committee on Energy, Research and Technology and the Committee on Budgets of the European Parliament thereof.  In order to implement the proposed measure, the Commission shall obtain approval from the JRC Board of Governors. Such approval shall be arrived at  by means of a qualified majority, within the meaning of Article 148 (2) of the EEC Treaty and Article 118 (2) of the Euratom Treaty; the chairman shall not vote.  Article 4  After approval from the Board of Governors, in accordance with Article 3, the Commission may, within the framework defined by the Council Decision on the multiannual programme, adapt the multiannual Community programme of the JRC, subject to the following limitations:  (a) transfers between research action programmes (RAPs) within the meaning of Decision 84/1/Euratom, EEC (1) shall be limited to 15 % of the indicative amounts of each RAP in the case of RAPs whose share of the total amount deemed necessary for the execution of the multiannual programme is less than 150 million ECU and to 10 % in the case of RAPs whose share of that total amount is more than 150 million ECU. No RAP may be increased by more than 15 %. If a member of the Board of Governors considers that a decision taken within the abovementioned limits would be such as to alter the balance of the multiannual programme, he may request that the decision be referred to the Permanent Representatives Committee;  (b) within the RAP, transfers between sub-programmes shall similarly be limited to 15 % of the indicative amounts of each sub-programme for those sub-programmes with an appropriation of less than 150 million ECU and 10 % for those sub-programmes with an appropriation of more than 150 million ECU;  (c) within a sub-programme, the Commission may delete or modify projects or introduce new projects, provided that the aggregate financial consequences of such actions do not modify the resources of the sub-programmes by more than 15 % in the case of sub-programmes whose share of the abovementioned total amount is less than 150 million ECU and by more than 10 % in the case of sub-programmes whose share of that total amount is more than 150 million ECU;  (d) in the case of the introduction of a new project, the share allocated to it should not exceed 5 million ECU.  Article 5  This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.  It shall apply for the duration of the 1984 to 1987 JRC research programme, adopted by Decision 84/1/Euratom, EEC and may be extended or amended on a proposal from the Commission.  Done at Luxembourg, 29 June 1984.  For the Council  The President  L. FABIUS  (1) OJ No C 225, 23. 8. 1983, p. 7.  (2) OJ No C 307, 14. 11. 1983, p. 116.  (3) See page 29 of this Official Journal.  (4) OJ No L 16, 20. 1. 1971, p. 14.  (1) OJ No L 3, 5. 1. 1984, p. 21.


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41992D0585

92/585/ECSC: Decision of the Representatives of the Governments of the Member States, meeting within the Council of 28 December 1992 on certain measures applicable with regard to the 12 Republics of the former USSR concerning trade in certain steel products covered by the ECSC Treaty

Official Journal L 396 , 31/12/1992 P. 0048 - 0050

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING  WITHIN THE COUNCIL of 28 December 1992 on certain measures applicable with reagard to the 12  Republics of the former USSR concerning trade in certain steel products covered by the ECSC Treaty  (92/585/ECSC)The Representatives of the Governments of the Member States of the  European Coal and Steel Community, meeting within the Council, In agreement with the Commission, HAVE DECIDED AS FOLLOWS: Article 1 During 1993 imports into all the Member States of steel products  covered by the ECSC Treaty and mentioned in Annex I originating in Russia, Ukraine, Georgia,  Belarus, Armenia, Azerbaijan, Kazakhastan, Kirgizstan, Moldova, Uzbekistan, Tajikistan and  Turkmenistan shall be subject to licensing. Licences shall be issued only in accordance with the  guidelines set out below. Article 2 Quantities of authorized imports shall be determined, for each product group and for  the whole of the Community, according to the quotas indicated in Annex II. Article 3 The quotas shall be fixed annually; the quantities that may be allocated during the  first four months shall not exceed one-third of the quota, and during the first eight months shall  not exceed two-thirds of the quota. Article 4 Member States shall issue licences and inform the Commission thereof immediately. The  Commission shall keep the Member States regularly informed of the extent to which the quantities  referred to in Article 3 have been used up. The Member States and the Commission shall confer together in order to ensure that these quantities  are not exceeded. Article 5 This Decision shall enter into force on the day of its publication in the Official  Journal of the European Communities. It shall apply from 1 January 1993. Done at Brussels, 28 December 1992. The President D. HURD    ANNEX I (Former USSR) LIST OF PRODUCTS SUBJECT TO QUOTA A. Flat-rolled products 1. Coils 7208 11 00 7208 12 10 7208 12 91 7208 12 95 7208 12 98 7208 13 10 7208 13 91 7208 13 95 7208 13 98 7208 14 10 7208 14 90 7208 14 91 7208 14 99 7208 21 10 7208 21 90 7208 22 10 7208 22 91 7208 22 95 7208 22 98 7208 23 10 7208 23 91 7208 23 95 7208 23 98 7208 24 10 7208 24 91 7208 24 99 7211 12 10 7211 19 10 7211 22 10 7211 29 10 7219 11 10 7219 11 90 7219 12 10 7219 12 90 7219 13 10 7219 13 90 7219 14 10 7219 14 90 7225 10 10 7225 20 20 7225 30 00 2. Heavy plates 7208 31 00 7208 32 10 7208 32 30 7208 32 51 7208 32 59 7208 32 91 7208 32 99 7208 33 10 7208 33 91 7208 33 99 7208 41 00 7208 42 10 7208 42 30 7208 42 51 7208 42 59 7208 42 91 7208 42 99 7208 43 10 7208 43 91 7208 43 99 7211 21 00 7221 11 10 3. Other flat-rolled products 7208 34 10 7208 34 10 7208 35 10 7208 35 90 7208 44 10 7208 44 90 7208 45 10 7208 45 90 7208 90 10 7209 11 00 7209 12 10 7209 12 90 7209 13 10 7209 13 90 7209 14 10 7209 14 90 7209 21 00 7209 22 10 7209 22 90 7209 23 10 7209 23 90 7209 24 10 7209 24 91 7209 24 99 7209 31 00 7209 32 10 7209 32 90 7209 33 10 7209 33 90 7209 34 10 7209 34 90 7209 41 00 7209 42 10 7209 42 90 7209 43 10 7209 43 90 7209 44 10 7209 44 90 7209 90 10 7210 11 10 7210 12 11 7210 12 19 7210 20 10 7210 23 90 7210 31 10 7210 39 10 7210 41 10 7210 49 10 7210 50 10 7210 60 11 7210 60 19 7210 70 31 7210 70 39 7210 90 31 7210 90 33 7210 90 35 7210 90 39 7211 19 91 7211 19 99 7211 22 90 7211 29 91 7211 29 99 7211 30 10 7211 41 10 7211 41 91 7211 49 10 7211 90 11 7212 10 10 7212 10 91 7212 21 11 7212 29 11 7212 30 11 7212 40 10 7212 40 91 7212 50 31 7212 50 51 7212 60 11 7212 60 91 7219 21 11 7219 21 19 7219 21 90 7219 22 10 7219 22 90 7219 23 10 7219 24 10 7219 24 90 7219 31 10 7219 31 90 7219 32 10 7219 32 90 7219 33 10 7219 33 90 7219 34 10 7219 34 90 7219 35 10 7219 35 90 7225 40 70 7225 40 90 B. Longs 1. Beams 7207 19 31 7207 20 71 7216 31 11 7216 31 19 7216 31 91 7216 31 99 7216 32 11 7216 32 19 7216 32 91 7216 32 99 7216 33 10 7216 33 90 2. Wire rod 7213 10 00 7213 20 00 7213 31 00 7213 39 00 7213 41 00 7213 49 00 7213 50 10 7213 50 90 7221 00 10 7221 00 90 7227 10 00 7227 20 00 7227 90 10 7227 90 30 7227 90 50 7227 90 80 3. Other longs 7207 19 11 7207 19 15 7207 20 51 7207 20 55 7207 20 57 7214 30 00 7214 40 10 7214 40 91 7214 40 99 7214 50 10 7214 50 91 7214 50 99 7214 60 00 7215 90 10 7216 10 00 7216 21 00 7216 22 00 7216 40 10 7216 40 90 7216 50 10 7216 50 90 7216 90 10 7218 90 50 7222 10 11 7222 10 19 7222 10 51 7222 10 59 7222 10 99 7222 30 10 7222 40 11 7222 40 19 7222 40 30 7224 90 31 7224 30 39 7228 10 10 7228 10 30 7228 20 11 7228 20 19 7228 20 30 7228 30 20 7228 30 40 7228 30 61 7228 30 69 7228 30 70 7228 30 89 7228 60 10 7228 70 10 7228 70 31 7228 80 10 7228 80 90 7301 10 00    ANNEX II (Former USSR) Quotas Products in Category A Total: 218 998 tonnes - of which A1: 140 200 tonnes A2:  49 099 tonnes Products in Category B Total: 102 335 tonnes - of which B1:  10 000 tonnes B2:  10 233 tonnes


title: Council Decision of 10 November 2015 adopting the Council's position on draft amending budget No 8 of the European Union for the financial year 2015

text:
               12.11.2015

               EN

               Official Journal of the European Union

               C 375/2

         COUNCIL DECISION
   of 10 November 2015
   adopting the Council's position on draft amending budget No 8 of the European Union for the financial year 2015
   (2015/C 375/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a 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 (1) and in particular Article 41 thereof,
   Whereas:

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council's position on draft amending budget No 8 of the European Union for the financial year 2015 was adopted on 10 November 2015.
   The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

      Done at Brussels, 10 November 2015.

            For the Council

            The President

         P. GRAMEGNA

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

      (2)  OJ L 69, 13.3.2015, p. 1.


title: 2007/267/EC,Euratom: Decision of the Representatives of the Governments of the Member States of 25 April 2007 appointing judges to the Court of First Instance of the European Communities

text:
               1.5.2007

               EN

               Official Journal of the European Union

               L 114/27

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

   of 25 April 2007
   appointing judges to the Court of First Instance of the European Communities
   (2007/267/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 224 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,
   Whereas:

               (1)

               The terms of office of Mr Jörg PIRRUNG, Mr Hubert LEGAL, Mr John D. COOKE, Mr Rafael GARCÍA-VALDECASAS, Mr Nicholas James FORWOOD, Ms Ena CREMONA, Ms Irena PELIKÁNOVÁ, Mr Vilenas VADAPALAS, Ms Ingrīda LABUCKA, Mr Enzo MOAVERO MILANESI, Mr Nils WAHL, Mr Miro PREK and Mr Theodore CHIPEV, as judges at the Court of First Instance of the European Communities are due to end on 31 August 2007.

               (2)

               The membership of the Court of First Instance of the European Communities should be renewed in part for the period from 1 September 2007 to 31 August 2013. 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
   The following are hereby appointed judges at the Court of First Instance of the European Communities for the period from 1 September 2007 to 31 August 2013:

               Mr Theodore CHIPEV

               Mr John D. COOKE

               Ms Ena CREMONA

               Mr Alfred DITTRICH

               Mr Nicholas James FORWOOD

               Ms Ingrīda LABUCKA

               Mr Enzo MOAVERO MILANESI

               Ms Irena PELIKÁNOVÁ

               Mr Miro PREK

               Mr Laurent TRUCHOT

               Mr Vilenas VADAPALAS

               Mr Nils WAHL

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

      Done at Brussels, 25 April 2007.

            The President

         W. SCHÖNFELDER


title: 2010/696/: Council Decision of 17 November 2010 appointing a member of the Court of Auditors

text:
               20.11.2010

               EN

               Official Journal of the European Union

               L 304/20

         COUNCIL DECISION
   of 17 November 2010
   appointing a member of the Court of Auditors
   (2010/696/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(5) thereof,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               Mr Maarten B. ENGWIRDA, member of the Court of Auditors, has resigned with effect from 1 January 2011.

               (2)

               Mr Maarten B. ENGWIRDA should therefore be replaced for the remainder of his term of office,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Gijs M. de VRIES is hereby appointed member of the Court of Auditors for the period from 1 January 2011 to 31 December 2013.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 November 2010.

            For the Council

            The President

         D. REYNDERS

      (1)  Opinion of 7 October 2010 (not yet published in the Official Journal).


title: 2006/907/EC: Council Decision of 30 November 2006 appointing a Spanish member to the Committee of the Regions

text:
               9.12.2006

               EN

               Official Journal of the European Union

               L 346/27

      COUNCIL DECISION

   of 30 November 2006
   appointing a Spanish member to the Committee of the Regions
   (2006/907/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Spanish Government,
   Whereas:

               (1)

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

               (2)

               A seat as member of the Committee of the Regions has become vacant following the expiry of the mandate of Mr Joan CLOS i MATHEU,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Jordi HEREU i BOHER, Mayor of the city of Barcelona, is hereby appointed member of the Committee of the Regions in place of Mr Joan CLOS i MATHEU for the remainder of his term of office, which runs until 25 January 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 30 November 2006.

            For the Council

            The President

         L. HYSSÄLÄ

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

|

31997D0688

Council Decision of 20 October 1997 concerning the extension of common position 96/635/CFSP on Burma/Myanmar

Official Journal L 293 , 27/10/1997 P. 0001 - 0001

COUNCIL DECISION of 20 October 1997 concerning the extension of common position 96/635/CFSP on Burma/Myanmar (97/688/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article J.2 thereof,Having regard to common position 96/635/CFSP of 28 October 1996 defined by the Council on the basis of Article J.2 of the Treaty on European Union, on Burma/Myanmar (1),Having regard to Decision 97/290/CFSP (2) which extended that common position for a period of six months until 29 October 1997,Whereas, in the light of point 6 of common position 96/635/CFSP, that common position should be further extended,HAS DECIDED AS FOLLOWS:Article 1Common position 96/635/CFSP is hereby extended until 29 April 1998.Article 2This Decision shall be published in the Official Journal.Done at Luxembourg, 20 October 1997.For the CouncilThe PresidentF. BODEN(1) OJ L 287, 8. 11. 1996, p. 1.(2) OJ L 120, 12. 5. 1997, p. 4.


title: 2008/581/EC: Commission Decision of 4 July 2008 on the financing of the storage of foot-and-mouth disease virus antigens and the formulation of vaccines reconstituted from such antigens

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 186/36

      COMMISSION DECISION

   of 4 July 2008
   on the financing of the storage of foot-and-mouth disease virus antigens and the formulation of vaccines reconstituted from such antigens
   (2008/581/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 14 thereof,
   Having regard to Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (2), and in particular Article 80(2) thereof,
   Whereas:

               (1)

               In accordance with Council Decision 91/666/EEC of 11 December 1991 establishing Community reserves of foot-and-mouth disease vaccines (3), stocks of antigens have been established for the rapid formulation of vaccines against foot-and-mouth disease and are kept, for security reasons, at distinct designated sites on the premises of the manufacturer.

               (2)

               Under Directive 2003/85/EC, the Commission is to ensure that Community reserves of concentrated inactivated antigens for the production of foot-and-mouth disease vaccines are maintained on the premises of the Community antigen and vaccine bank.

               (3)

               For that purpose the number of doses and the diversity of serotypes and strains of antigens of foot-and-mouth disease viruses stored in the Community antigen and vaccine bank is to be decided taking into account the needs as estimated in the context of the contingency plans and the epidemiological situation, where appropriate after consultation with the Community Reference Laboratory.

               (4)

               By Commission Decision 93/590/EC of 5 November 1993 for the purchase by the Community of foot-and-mouth disease antigens within the framework of the Community action concerning reserves of foot-and-mouth disease vaccines (4), arrangements were made for the purchase of A5 European, A22 Middle East and O1 European foot-and-mouth disease antigens.

               (5)

               By Commission Decision 97/348/EC of 23 May 1997 for the purchase by the Community of foot-and-mouth disease antigens and for the formulation, production, bottling and distribution of vaccines against foot-and-mouth disease (5), arrangements were made for the purchase of A22 Iraq, C1 and ASIA1 foot-and-mouth disease antigens.

               (6)

               By Commission Decision 2000/77/EC of 17 December 1999 for the purchase by the Community of foot-and-mouth disease antigens and for the formulation, production, bottling and distribution of vaccines against foot-and-mouth disease (6), arrangements were made for the purchase of certain doses of A Iran 96, A Iran 99, A Malaysia 97, SAT 1, SAT 2 (East African and Southern African strains) and SAT 3 foot-and-mouth disease antigens.

               (7)

               By Commission Decision 2000/569/EC of 8 September 2000 for the purchase by the Community of foot-and-mouth disease antigens and for the formulation, production, bottling and distribution of vaccines against foot-and-mouth disease (7), arrangements were made for the purchase of certain doses of A 22 Iraq, A Malaysia 97, O1 Manisa, ASIA 1, SAT 1, SAT 2 (East African and Southern African strains) and SAT 3 foot-and-mouth disease antigens.

               (8)

               In 2003 and in accordance with Commission Decision C(2002) 4326 (8) on the purchase and storage of foot-and-mouth disease antigens additional quantities of epidemiologically relevant antigens were obtained.

               (9)

               In accordance with Article 14 of Decision 90/424/EEC, the level of Community participation to set up such antigen reserves and the conditions to which such participation may be subject should also be set out.

               (10)

               All antigens older than five years must be tested on their potency.

               (11)

               Since 2005, no binding long term legal commitment between the contractor and the Commission is in place for the storage, formulation, distribution, bottling, labelling and transport of FMD antigens purchased between 1993 and 2005.

               (12)

               Storage costs for FMD antigens for the years 2005, 2006 and 2007 are covered by a financial commitment in compliance with the Financial Regulation.

               (13)

               Between 2005 and 2007 no costs related to these FMD antigens other than storage costs have occurred.

               (14)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Commission must take the necessary steps to ensure storage of all FMD antigens listed in the Annex, starting from 1 January 2008 and for a minimum duration of five years.
   The Commission shall also ensure potency testing, formulation, distribution, bottling, labelling and transport of these antigens.
   Article 2
   The total cost to cover the services listed under Article 1 shall not exceed EUR 4 000 000.
   Article 3
   The Director General of the Directorate-General for Health and Consumer Protection is hereby authorised to sign the contracts provided for in Article 1 on behalf of the Commission.
   Article 4
   A tendering procedure will be launched during the first semester of 2008. A service contract in compliance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 applicable to the general budget of the European Communities (9) and its implementing rules defined in Commission Regulation (EC, Euratom) No 2342/2002 (10) should be in place before 30 September 2008.

      Done at Brussels, 4 July 2008.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

      (2)  OJ L 306, 22.11.2003, p. 1. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

      (3)  OJ L 368, 31.12.1991, p. 21. Decision as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

      (4)  OJ L 280, 13.11.1993, p. 33. Decision as last amended by Decision 2000/112/EC (OJ L 33, 8.2.2000, p. 21).

      (5)  OJ L 148, 6.6.1997, p. 27. Decision as amended by Decision 2000/112/EC.

      (6)  OJ L 30, 4.2.2000, p. 35.

      (7)  OJ L 238, 22.9.2000, p. 61.

      (8)  Decision not published.

      (9)  OJ L 248, 16.9.2002, p. 1.

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

      ANNEX

         (Not for publication)


title: Decision (EU) 2017/937 of the European Central Bank of 23 May 2017 nominating heads of work units to adopt delegated decisions on the significance of supervised entities (ECB/2017/17)

text:
               1.6.2017

               EN

               Official Journal of the European Union

               L 141/28

         DECISION (EU) 2017/937 OF THE EUROPEAN CENTRAL BANK
   of 23 May 2017
   nominating heads of work units to adopt delegated decisions on the significance of supervised entities (ECB/2017/17)
   THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 thereof,
   Having regard to Decision (EU) 2017/933 of the European Central Bank of 16 November 2016 on a general framework for delegating decision-making powers for legal instruments related to supervisory tasks (ECB/2016/40) (1), and in particular Articles 4 and 5 thereof,
   Having regard to Decision (EU) 2017/934 of the European Central Bank of 16 November 2016 on the delegation of decisions on the significance of supervised entities (ECB/2016/41) (2), and in particular Article 2 thereof,
   Having regard to Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (3), and in particular Article 10 thereof,
   Whereas:

               (1)

               To address the considerable number of decisions that the European Central Bank (ECB) is to adopt for the performance of its supervisory tasks, a procedure for the adoption of specific delegated decisions has been established.

               (2)

               A delegation decision is effective upon the adoption of a decision by the Executive Board nominating one or more heads of work units to take decisions on the basis of a delegation decision.

               (3)

               The importance of the delegation decision and the number of addressees to whom delegated decisions need to be sent should be taken into account by the Executive Board in nominating heads of work units.

               (4)

               The Chair of the Supervisory Board has been consulted on the heads of work units to whom the power to adopt decisions on the significance of supervised entities should be delegated,

         HAS ADOPTED THIS DECISION:
   Article 1
   Delegated decisions that classify or cease to classify a supervised entity as significant within a significant supervised group or alter the name of a significant supervised entity
   Delegated decisions pursuant to Article 3(1), (2) or (4) of Decision (EU) 2017/934 (ECB/2016/41) shall be adopted by one of the following heads of work units:

               (a)

               the Director General of Directorate General Microprudential Supervision I, if supervision of the relevant supervised entity or group is carried out by Directorate General Microprudential Supervision I;

               (b)

               the Director General of Directorate General Microprudential Supervision II, if supervision of the relevant supervised entity or group is carried out by Directorate General Microprudential Supervision II; or

               (c)

               if a Director General is unavailable, their Deputy Director General.

         Article 2
   Delegated decisions that cease to classify a significant supervised entity or a significant supervised group as significant
   Delegated decisions pursuant to Article 3(3) of Decision (EU) 2017/934 (ECB/2016/41) shall be adopted by the Director General of Directorate General Microprudential Supervision III, or if the Director General is unavailable, the Deputy Director General, and one of the following heads of work units:

               (a)

               the Director General of Directorate General Microprudential Supervision I, if supervision of the relevant supervised entity or group is carried out by Directorate General Microprudential Supervision I;

               (b)

               the Director General of Directorate General Microprudential Supervision II, if supervision of the relevant supervised entity or group is carried out by Directorate General Microprudential Supervision II; or

               (c)

               if a Director General is unavailable, their Deputy Director General.

         Article 3
   Entry into force
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 23 May 2017.

            The President of the ECB

         Mario DRAGHI

      (1)  See page 14 of this Official Journal.

      (2)  See page 18 of this Official Journal.

      (3)  OJ L 80, 18.3.2004, p. 33.


title: Council Decision of 25 June 1974 amending the Decision on the allowances of members of the Consultative Committee of the European Coal and Steel Community and of persons required, on the basis of special rules, to take part in the work of that Committee

text:
3 . 7 . 74                         Official Journal of the European Communities                        No L 180 / 31
                                                 COUNCIL DECISION
                                                    of 25 June 1974
           amending the Decision on the allowances of members of the Consultative
           Committee of the European Coal and Steel Community and of persons required,
               on the basis of special rules , to take part in the work of that Committee
                                                     (74/ 31 9/ ECSC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Coal and Steel Community, and in
           particular Article 18 thereof ;
           Having regard to the Treaty (') establishing a Single Council and a Single Commission of
           the European Communities, and in particular Article 6 thereof ;
           Whereas there should be an increase in the daily subsistence allowance paid to members
           of the ECSC Consultative Committee ,
           HAS DECIDED AS FOLLOWS :
                                                        A rtic/c 1
           The first subparagraph of paragraph 1 of the Annex to the Council Decision of 15
           October 1968 on the allowances of members of the Consultative Committee of the Euro
           pean Coal and Steel Community and of persons required , on the basis of special rules, to
           take part in the work of that Committee shall be replaced by the following :
                 'The subsistence allowance for each day of attendance at meetings and for each day
                 of travel shall be Bfrs 2 ()()().'
                                                        A i t nit 2
           This Decision shall take effect on the day of its publication in the Official Journal of tin
            EH ropcan Com M TI N ITics.
           Done at Luxembourg, 25 June 1974 .
                                                                         For the Council
                                                                          The President
                                                                        H. D. GENSCHER
           (>) OJ No 152 , 13 . 7 . 1967, p. 2 .


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of Eurojust for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/202

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of Eurojust for the financial year 2008
   (2010/544/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of Eurojust for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2008, together with Eurojust’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (3), and in particular Article 36 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0093/2010),

               1.

               Grants the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2008;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 131.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 63, 6.3.2002, p. 1.

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/203

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of Eurojust for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of Eurojust for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2008, together with Eurojust’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (3), and in particular Article 36 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0093/2010),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 23 April 2009 Parliament granted the Administrative Director of Eurojust discharge for implementation of Eurojust’s budget for the financial year 2007 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted the Court of Auditors’ finding that in 2007 appropriations amounting to EUR 18 000 000 were committed, of which EUR 5 200 000 were carried over,

                           —

                           regretted that the Court of Auditors had again found deficiencies in procurement procedures, as in the two previous years,

                           —

                           expressed concern that the Court of Auditors had noted that Eurojust had not succeeded in recruiting the 60 members of staff needed to fill the posts provided for in the 2007 establishment plan and that at the end of 2007 only 95 posts had been filled,

               1.

               Is pleased to note that the Court of Auditors has been able to obtain reasonable assurances that the annual accounts of Eurojust for the financial year ended 31 December 2008 are, in all material respects, reliable, and that the underlying transactions, taken as a whole, are legal and regular;

      Performance

               2.

               Emphasises that the lack of indicators, the deficits in measurement of user satisfaction and the lack of coordination between the budget and the work programme make it difficult to evaluate Eurojust’s performance;

               3.

               Welcomes the conclusion on 24 September 2008 of the Practical Agreement on arrangements of cooperation between Eurojust and OLAF (6);

               4.

               Notes that in the coming years the discharge for the implementation of the budget for Eurojust should be further based on Eurojust’s performance throughout the year;

      Carry-over of appropriations

               5.

               Notes the Court of Auditors’ finding that in 2008 Eurojust still had a problem as regards carrying forward appropriations, even if it seems that the amount was lower than in the previous year (13 % of final budget appropriations, instead of the 25 % of appropriations carried over in 2007); notes with concern, however, that the level of appropriations carried over from the previous year and then cancelled (EUR 1 000 000, or 25 % of appropriations carried over) was high and that this situation is at odds with the annuality principle; calls therefore on Eurojust to take action to prevent this situation from recurring in future and to then inform the discharge authority;

               6.

               Notes that Eurojust reported EUR 191 390,56 in income from interest in 2008; concludes from the financial statements and from the level of interest payments that Eurojust has a permanently high level of cash holdings; notes that on 31 December 2008 Eurojust’s cash holdings amounted to EUR 4 612 878,47; asks the Commission to examine what scope there is for helping to ensure that the cash holdings are managed entirely on a needs-orientated basis, in accordance with Article 15(5) of Regulation (EC, Euratom) No 2343/2002, and what changes of approach are necessary in order to keep Eurojust’s cash holdings permanently as low as possible;

      Weaknesses in procurement procedures

               7.

               Regrets that the Court of Auditors again found deficiencies in procurement procedures, as in the three previous years; expresses concern in particular about the Court of Auditors’ finding that in 2008, first, in most procurement cases no prior estimation of the market value was made before the procedure was launched and, secondly, there were recurrent and severe weaknesses in the monitoring of contracts and the programming of procurements; points out that this situation reveals severe weaknesses in the capacity of the various Eurojust departments involved to liaise properly and indicates a lack of guidance and control by the authorising officer;

               8.

               Notes Eurojust’s reply undertaking to set up an action plan to address the weaknesses identified by the Court of Auditors; calls therefore on Eurojust to inform the discharge authority of the results of these action plans;

      Human resources

               9.

               Expresses concern at the fact that the Court of Auditors has again noted shortcomings in the planning and implementation of recruitment procedures; notes in particular that the level of vacant posts (26 %) is still too high, although less significant than in 2007 (33 %);

               10.

               Agrees with the Court of Auditors that Eurojust has not respected the principle of specification, as an amount of EUR 1 800 000 was transferred from appropriations for the salaries of temporary and contract staff, mostly to increase (by 238 %) the appropriations for interim staff;

               11.

               Notes Eurojust’s reply as regards the Court of Auditors’ criticisms of staff selection procedures; asks in particular that Eurojust should inform the discharge authority of its new recruitment procedure, launched in 2009, which from now on should ensure more transparency and no discrimination in the treatment of external and internal applicants;

      Internal audit

               12.

               Is concerned that none of the 26 recommendations made by the Internal Audit Service (IAS) have been fully implemented; notes that four of these are considered to be ‘critical’ and 12 ‘very important’; urges Eurojust therefore to put in place without delay the following recommendations on human resources management: preparing a short-term plan to fill the current vacancies; redefining the set-up of the Human Resources Unit; reducing the number of temporary staff; strengthening the recruitment procedure; adopting the implementing rules for career development; ensuring the independence of the members of the Selection Board; and making sure that the public procurement procedures are correctly implemented;

               13.

               Refers for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (7) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 131.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 63, 6.3.2002, p. 1.

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

      (5)  OJ L 255, 26.9.2009, p. 112.

      (6)  OJ C 314, 9.12.2008, p. 4.

      (7)  Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal.


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/155

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2008
   (2010/524/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Food Safety Authority for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2008, together with the Authority’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council (3) establishing a European Food Safety Authority, and in particular Article 44 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0086/2010),

               1.

               Grants the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2008;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 95.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 31, 1.2.2002, p. 1.

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/156

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Food Safety Authority for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2008, together with the Authority’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council (3) establishing a European Food Safety Authority, and in particular Article 44 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0086/2010),

               A.

               whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 23 April 2009 Parliament granted the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2007 (5), and in its resolution accompanying the discharge decision noted, inter alia, that:

                           —

                           in 2007 appropriations totalling EUR 8 600 000 (17 % of the 2007 budget) were carried over and appropriations totalling EUR 4 800 000 were cancelled,

                           —

                           the underspending in 2007 was partly due to the delayed adoption and implementation of the 2007 annual work plan for grants and to the carryover of EUR 7 900 000 in appropriations from the 2006 financial year, EUR 4 500 000 of which was for operational activities,

      Performance and budgetary and financial management

               1.

               Underlines the Authority’s role in providing independent scientific advice on all matters having a direct or indirect impact on food safety, including animal health and welfare and plant protection, and the need to properly communicate scientific advice;

               2.

               Notes that during 2008, its sixth year in operation, the Authority steadily improved its performance; notes that this improvement is clearly reflected in the performance indicators, with a 57 % increase in the number of scientific opinions and statements over 2007, together with better risk assessment methodologies and scientific network coordination (e.g. guidance documents and data collection reports), better communication of scientific advice and better dialogue with stakeholders (e.g. broader coverage in media articles and broadcasts, more press releases and a 21 % increase in the number of subscribers to the ‘EFSA Highlights’ bulletin over 2007); notes that this performance improvement is offset by a 27 % increase in staffing compared with 2007;

               3.

               Notes that in 2008 the Authority reached a high level of budget execution for both commitment and payment credits: 97 % and 95 % respectively; emphasises that compared with the previous year the budget increased by EUR 9 000 000;

               4.

               Notes, none the less, that for the third successive year the Court of Auditors has flagged up carry-overs of appropriations to the following year (23 % of the 2008 budget was carried over to 2009; 16 % of the 2007 budget was carried over to 2008; 20 % of the 2006 budget was carried over to 2007); notes that, in 2008, this situation was brought about by the late adoption and implementation of measures relating to software development, scientific cooperation with external experts, and grants for studies and data-collection projects; encourages the Authority to improve its budget management in order to reduce such high carry-over amounts;

               5.

               Notes also that, for the second successive year, the Court of Auditors points out that commitments for operational activities carried over from the previous year had to be cancelled (37 % of commitments for operational activities carried over from 2007 and 26 % of commitments for operational activities carried over from 2006); notes that, in 2008, this situation was attributable mainly to considerable delays in the implementation of 2007 grants agreements during the year;

               6.

               Is consequently concerned that this situation is at odds with the principle of annuality and shows weaknesses in programming, monitoring contractual deadlines, and the Authority’s budget;

               7.

               Commends the Authority for having set out in its 2008 work programme priority objectives and performance indicators for each of the main activities planned; urges the Authority, none the less, to do better in establishing SMART objectives and RACER indicators in order to promote the achievement of results and enable performance to be monitored in an effective manner; considers the Authority’s introduction of a risk assessment process to be a positive development which, starting in 2009, should reinforce and allow close monitoring of the Authority’s scientific and administrative activities;

               8.

               Stresses that, in future, the Authority needs to accord greater importance in its grant agreement procedures to assessing the complexity of the service involved, with a view to setting better deadlines for the submission of tenders; notes, furthermore, that the Authority should take greater care in ensuring that contractual deadlines laid down in grant agreements are met;

               9.

               Views the Authority’s introduction of differentiated appropriations for grants in its 2009 budget as a positive development, with a view to avoiding cancellations in subsequent financial years;

               10.

               Notes that the Authority’s accounts for the financial year 2008 show income from interest amounting to EUR 485 651,33; concludes from the annual closure of accounts and the amount of interest payments that the Authority maintains enormously high cash reserves over long periods; notes that as of 31 December 2008 the Authority’s cash reserves amounted to EUR 19 990 492,26; calls on the Commission to examine ways of ensuring that the principle of needs-based cash management, as laid down in Article 15(5) of Regulation (EC, Euratom) No 2343/2002, is implemented in full and what changes in approach are needed to ensure that the Authority’s cash reserves are kept as low as possible on a long-term basis;

      Internal audit

               11.

               Considers that the audit committee (AC), created by the Authority in 2006, plays an important role in assisting the Management Board by ensuring that the work of the Internal Audit Services (IAS) of the Commission and of the internal audit capabilities (IAC) of the Authority is properly carried out and duly taken into consideration by the Management Board and the Executive Director; believes, therefore, that this AC within the Authority might serve as an example to other agencies;

               12.

               Notes that 20 out of the 25 recommendations (80 %) made by the IAS and the IAC have been implemented; nevertheless, invites the Authority to provide the Parliament with further information on their level of importance and the actions taken to implement them;

      Human resources

               13.

               Notes that the Authority succeeded in filling 318 (representing recruitment of 45 temporary staff compared to 2007) of the 335 posts provided for in its establishment plan after having had difficulties in recruiting highly skilled scientific staff in Parma; notes that an additional 40 support staff (auxiliary, contractual, second national experts) have been recruited to support the Authority in its tasks;

               14.

               Welcomes the fact that the current Court of Auditors report does not point to any shortcomings in recruitment procedures;

               15.

               Urges the Authority to ensure that all former officials, in accordance with Article 16 of the Staff Regulations of Officials of the European Communities, inform the Authority when they take up new positions outside the institutions; if such activities could lead to a conflict with the legitimate interests of the institutions, the Authority should take the appropriate measures.

               16.

               Takes note of the second staff survey launched in October 2008 with a view to assessing the Authority’s working environment; is satisfied that the level of participation increased from 44 % in 2007 to 55 % in 2008; encourages the staff committee to conduct such a survey on a regular basis and to increase the level of participation, and expects the Authority’s management to incorporate the results drawn from the survey into its staff management and daily work;

      Role of coordinator of the network of agencies

               17.

               Commends the Executive Director of the Authority on his extremely effective work as coordinator of the network of agencies between 1 March and 31 December 2009;

               18.

               Refers, for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 95.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 31, 1.2.2002, p. 1.

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

      (5)  OJ L 255, 26.9.2009, p. 185.

      (6)  Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal.


Avis juridique important

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41995D0315

95/315/EC, Euratom, ECSC: Decision of the Representatives of the Governments of the Member States of the European Communities of 26 July 1995 appointing a member of the Court of First Instance of the European Communities

Official Journal L 188 , 09/08/1995 P. 0007 - 0007

DECISION OF THE REPRESENTATIVES OF THE  GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES of 26 July 1995 appointing a member of  the Court of First Instance of the European Communities (95/315/EC, Euratom, ECSC) 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 168a  thereof, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular  Article 32d thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular  Article 140a thereof, Having regard to Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court  of First Instance of the European Communities  (1), Having regard to Decision 95/1/EC, Euratom, ECSC of the Council of the European Union of 1 January  1995 adjusting the instruments concerning the accession of new Member States to the European Union   (2), and in particular Article 10 amending Article 2 (1) of Decision 88/591/ECSC, EEC, Euratom and  Article 31 (2) amending Article 157 (2) of the Act of Accession thereof, Whereas, in a letter dated 27 June 1995 addressed to the President of the Council of Ministers of  the European Union, Mr José Luis da Cruz Vilaça, Judge at the Court of First Instance of the  European Communities, tendered his resignation with effect from 18 September 1995; Whereas, pursuant to Articles 44 and 8 of the Protocol on the Statute of the Court of Justice of  the European Coal and Steel Community, to Articles 44 and 7 of the Protocol on the Statute of the  Court of Justice of the European Economic Community and Articles 45 and 7 of the Protocol on the  Statute of the Court of Justice of the European Atomic Energy Community, a Judge should be  appointed for the remainder of Mr José Luis da Cruz Vilaça's term of office, HAVE DECIDED AS FOLLOWS: Article 1 The following is hereby appointed judge to the Court of First  Instance for the period up to and including 31 August 1998: Mr Rui Manuel Gens de Moura Ramos. Article 2 This Decision shall be effective from 18 September 1995. Done at Brussels, 26 July 1995. The President J. ELORZA


Avis juridique important

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32001D0411

2001/411/Euratom: Council Decision of 8 March 2001 approving the conclusion, by the Commission, of the Agreement for cooperation between the European Atomic Energy Community represented by the Commission and the Department of Energy of the United States of America in the field of fusion energy research and development

Official Journal L 148 , 01/06/2001 P. 0078 - 0078

Council Decisionof 8 March 2001approving the conclusion, by the Commission, of the Agreement for cooperation between the European Atomic Energy Community represented by the Commission and the Department of Energy of the United States of America in the field of fusion energy research and development(2001/411/Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101, second paragraph thereof,Having regard to the proposal from the Commission,Whereas:(1) The Agreement for cooperation in the peaceful uses of nuclear energy between the European Atomic Energy Community and the United States of America, signed at Brussels on 7 November 1995, and on 29 March 1996(1), provides for cooperation in nuclear research and development, including research on controlled thermonuclear fusion.(2) The Commission has, in accordance with the Council Directives of 10 April 2000, conducted negotiations on an Agreement for cooperation between the European Atomic Energy Community represented by the Commission and the Department of Energy of the United States of America in the field of fusion energy research and development.(3) The conclusion, by the Commission, of the Agreement should be approved,HAS DECIDED AS FOLLOWS:Sole ArticleThe conclusion, by the Commission, for and on behalf of the Community, of the Agreement for cooperation between the European Atomic Energy Community and the Department of Energy of the United States of America in the field of fusion energy research and development, is hereby approved.The text of the Agreement is annexed to this Decision(2).Done at Brussels, 8 March 2001.For the CouncilThe PresidentK. Larsson(1) OJ L 120, 20.5.1996, p. 1.(2) See page 80 of this Official Journal.