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31998D1230(01)

Council Decision of 3 December 1998 extending the term of office of the president of the Office for Harmonisation in the Internal Market (trade marks and designs)

Official Journal C 409 , 30/12/1998 P. 0001 - 0001

COUNCIL DECISION of 3 December 1998 extending the term of office of the president of the Office for Harmonisation in the Internal Market (trade marks and designs) (98/C 409/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (1), and in particular Article 120(1) and (2) thereof,Having regard to the Council Decision of 16 June 1994 appointing the President of the Office for Harmonisation in the Internal Market (trade marks and designs) (2),Having regard to the proposal by the administrative board of the Office for Harmonisation in the Internal Market (trade marks and designs) of 21 September 1998 for an extension of the term of office of its president,HAS DECIDED AS FOLLOWS:Sole Article The term of office of Mr Jean-Claude COMBALDIEU, born in Toulouse (France) on 21 September 1935, as president of the Office for Harmonisation in the Internal Market (trade marks and designs) is hereby extended for the period from 1 September 1999 until 30 September 2000.Done at Brussels, 3 December 1998.For the CouncilThe PresidentK. SCHLÖGL(1) OJ L 11, 14.1.1994, p. 1. Regulation as amended by Regulation (EC) No 3288/94 (OJ L 349, 31.12.1994, p. 83).(2) OJ C 314, 25.11.1995, p. 1.


( UNOFFICIAL ENGLISH TRANSLATION ) DECISION NO. 12 OF 18 SEPTEMBER 1959 CONCERNING THE INTERPRETATION OF SUBPARAGRAPH A OF ARTICLE 13 OF REGULATION NO. 3


( UNOFFICIAL ENGLISH TRANSLATION ) DECISION NO. 26 OF 27 OCTOBER 1960 CONCERNING THE EFFECT ON FAMILY ALLOWANCES OWED BY THE INSTITUTIONS OF ONE MEMBER STATE UNDER ARTICLES 40 AND 42 OF REGULATION NO. 3 OF A MODIFICATION, HAVING RETROACTIVE EFFECT, ON LEGISLATION ON FAMILY ALLOWANCES IN ANOTHER MEMBER STATE


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31987D0467

87/467/EEC: Commission Decision of 31 July 1987 setting up a Joint Committee on Maritime Transport

Official Journal L 253 , 04/09/1987 P. 0020 - 0022 Finnish special edition: Chapter 7 Volume 3 P. 0154  Swedish special edition: Chapter 7 Volume 3 P. 0154

*****COMMISSION  DECISION  of 31 July 1987  setting up a Joint Committee on Maritime Transport  (87/467/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 118 thereof,  Whereas the Heads of State or of Government stated in their declaration of 21 October 1972 that the first aim of economic expansion should be to enable disparities in living conditions to be reduced and that this aim should express itself in better quality of life and higher standard of living;  Whereas, in this connection, they considered it indispensable that both employers and employees should be increasingly involved in the economic and social decisions of the Community;  Whereas, amongst the priority actions contained in the Community's 'Social Action Programme' the Commission has recommended that dialogue and cooperation between employers and employees be promoted at Community level; whereas the Council in its resolution of 21 January 1974 concerning a social action programme (1) named increased involvement of management and labour in the economic and social decisions of the Community as one of the priority measures to be taken;  Whereas the European Parliament in its resolution of 13 June 1972 (2) stated that the participation of employers and employees in the formulation of a Community social policy should be achieved during the first stage of economic and monetary union;  Whereas the Economic and Social Committee in its opinion of 24 November 1971 expressed a similar view;  Whereas the Council stressed in its conclusions of 22 June 1984 concerning a Community medium-term social action programme (3), that the European social dialogue must be strengthened and its procedures adapted in order to involve the social partners more effectively in the economic and social decisions of the Community;  Whereas the situation in the various Member States clearly demonstrates the need for the two sides of the maritime transport industry to participate actively in the improvement of living and working conditions; whereas a joint committee attached to the Commission is the most appropriate means of ensuring such participation by creating at Community level a representative forum for the socio-economic interests involved;  Whereas the Commission communication to the Council on Maritime Transport (4) contains a number of socio-economic objectives which are properly discussed in a forum for dialogue between the social partners,  HAS DECIDED AS FOLLOWS:  Article 1  A Joint Committee on Maritime Transport, hereafter called 'the Committee' is hereby established.  Article 2  The Committee shall assist the Commission in the formulation and implementation of Community policy aimed at  - improving and harmonizing living and working conditions in maritime transport within the context of the relevant articles of the Treaty of Rome,  - improving the economic and competitive positions of the Community's maritime transport.  Article 3  1. In order to attain the objectives laid down in Article 2, the Committee shall:  (a) issue opinions and submit reports to the Commission, either at the latter's request or on its own initiative; and  (b) in respect of matters falling within the competence of the employers' and employees' associations listed in Article 4 (3):  - promote dialogue and cooperation between these associations,  - arrange for studies to be carried out,  - participate in discussions and seminars.  2. The Committee shall ensure that all interested parties are informed of its activities.  3. Upon requesting an opinion or report from the Committee under the terms of paragraph 1 (a), the Commission may fix a time limit within which the opinion or report shall be given.  Article 4  1. The Committee shall consist of 42 members.  2. Seats shall be allocated as follows:  (a) 21 to the representatives of the employers' organizations;  (b) 21 to the representatives of the seafarers' organizations.  3. The members of the Committee shall be appointed by the Commission as follows:  (a) 36 on proposals from the following associations of shipowners and seafarers in the maritime transport industry:  - Comité des Associations d'armateurs des Communautés Européennes (CAACE): 18 members,  - Committee of Transport Workers' Unions of the European Community: 18 membres;  (b) Six, directly by the Commission, after consultation of the bodies mentioned in 3 (a) above from the representative associations of employers' and employees. If appropriate, these might be from bodies other than those mentioned in 3 (a).  Article 5  1. An alternate shall be appointed for each member of the Committee under the same conditions as laid down in Article 4 (3).  2. Without prejudice to the provisions of Article 9, an alternate shall not attend meetings of the Committee or a working group provided for in Article 9, or participate in its work, unless the member for whom he is the alternate is prevented from doing so.  Article 6  1. Committee members and their alternates shall hold office for a term of four years; appointments shall be renewable.  2. Members and their alternates whose term of office has expired shall remain in office until they have been replaced or their term of office has been renewed.  3. A member's or alternate's term of office shall cease before the expiry of the period of four years upon his resignation or death or if the association which nominated him requests his replacement. The vacancy thereby caused shall be filled in the manner prescribed in Article 4 (3) by a person appointed for the remainder of the term of office.  4. There shall be no payment for duties performed.  Article 7  1. The Committee shall, by a two-thirds majority of members present, elect from among its members a chairman and vice-chairman who shall hold office for a term of two years. The chairman and vice-chairman shall be chosen alternately from amongst the two groups of associations listed in Article 4 (3).  2. (a) The chairman or vice-chairman whose term of office has expired shall remain in office until he has been replaced.  (b) Should the chairman or vice-chairman cease to hold office before expiry of his term, he shall be replaced for the remainder of the term by a person appointed in the manner prescribed in paragraph 1 upon a proposal from the group to which his association belongs.  Article 8  The Committee shall create a Bureau consisting of the chairman and vice-chairman together with two additional representatives of each of the two groups of associations listed in Article 4 (3) to plan and coordinate its work. The Bureau may invite the rapporteurs of any working groups provided for in Article 9 to attend these meetings. Article 9  The Committee may:  (a) set up ad hoc or permanent working groups to facilitate its work. It may authorize a member to delegate another representative of his association, who shall be named, to take his place in a working group; such delegate shall enjoy the same rights at meetings of the working group as the member he replaces;  (b) ask the Commission to appoint experts to assist it in specific tasks.  Each group of members specified in Article 4 (3) may ask for the attendance at Committee meetings, as an expert, of any person who is specially qualified in any particular subject on the agenda. The expert shall be present only for the discussion of the particular subject for which his attendance is required.  Article 10  The Committee shall be convened by its Secretariat at the request of the Commission after consultation with the chairman and vice-chairman or by agreement of the Bureau. The agenda for its meetings shall be determined by unanimous agreement of the Bureau. Meetings of the Bureau shall be convened by the Secretariat after consultation of the chairman and the vice-chairman  Article 11  1. No opinion of the Committee shall be valid unless two-thirds of the members are present.  2. The Committee shall submit its opinions or reports to the Commission. If an opinion or report is not unanimous, the Committee shall submit to the Commission the dissenting views delivered.  Article 12  1. The Commission shall provide a secretariat for the Committee, the Bureau and the working groups.  2. The Commission shall ensure the attendance at all meetings of the Committee, the Bureaux and working groups of officials of appropriate seniority from the relevant departments.  3. A representative of the Secretariat of each of the associations listed in Article 4 (3) (a) may attend the meetings of the Committee as observer.  4. After hearing the Committee's views the Commission may ask other organizations than those mentioned in Article 4 (3) to participate as observers in the Committee's work.  Article 13  If the Commission has informed the Committee that an opinion requested relates to a matter of a confidential nature, members of the Committee shall be bound, without prejudice to the provisions of Article 214 of the Treaty, not to disclose any information acquired at the meetings of the Committee, the working groups or the Bureau.  Article 14  After hearing the Committee's views, the Commission may review this Decision in the light of experience.  This Decision shall enter into force on 31 July 1987.  Done at Brussels, 31 July 1987.  For the Commission  Manuel MARÍN  Vice-President  (1) OJ No C 13, 12. 2. 1974, p. 1.  (2) OJ No C 70, 1. 7. 1972, p. 11.  (3) OJ No C 175, 4. 7. 1984, p. 1.  (4) COM (85) 90 final of 14. 3. 1985.


Avis juridique important

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31968D0188

68/188/EEC: Council Decision of 9 April 1968 amending the Rules of the Committee of the European Social Fund

Official Journal L 091 , 12/04/1968 P. 0025 - 0025 Danish special edition: Series I Chapter 1968(I) P. 0075  English special edition: Series I Chapter 1968(I) P. 0078  Greek special edition: Chapter 05 Volume 1 P. 0030

++++ ( 1 ) OJ N 56 , 31 . 8 . 1960 , P . 1201/60 .  COUNCIL DECISION  OF 9 APRIL 1968  AMENDING THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND   ( 68/188/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 1 ) , AND IN PARTICULAR ARTICLES 3 AND 5 THEREOF ;  WHEREAS IT HAS BEEN CONSIDERED ADVISABLE TO PROVIDE THAT THE MEMBER OF THE COMMISSION APPOINTED AS CHAIRMAN OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND MAY , IN EXCEPTIONAL CIRCUMSTANCES , BE REPRESENTED IN THE CHAIR AT A PARTICULAR MEETING BY AN OFFICIAL OF THE COMMISSION WHEN HE HIMSELF CANNOT BE PRESENT ;  WHEREAS EXPERIENCE HAS SHOWN THE HARMFUL CONSEQUENCES OF AN INTERRUPTION OF THE WORK OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND RESULTING FROM ANY DELAY BETWEEN THE EXPIRY AND THE RENEWAL OF THE TERM OF OFFICE OF ITS MEMBERS ;  HAVING OBTAINED THE OPINION OF THE COMMISSION , WHICH FOR THIS PURPOSE CONSULTED THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ;  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE FOLLOWING SHALL BE SUBSTITUTED FOR ARTICLE 3 OF THE STATUTE OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND :   " THE COMMITTEE SHALL BE CHAIRED BY A MEMBER OF THE COMMISSION , WHO SHALL NOT VOTE . IN EXCEPTIONAL CIRCUMSTANCES , THE MEMBER OF THE COMMISSION MAY , WHEN HE HIMSELF CANNOT BE PRESENT , BE REPRESENTED IN THE CHAIR AT A PARTICULAR MEETING BY AN OFFICIAL OF THE COMMISSION WHOM HE SHALL DESIGNATE . "  ARTICLE 2  THE FOLLOWING SHALL BE SUBSTITUTED FOR ARTICLE 5 OF THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND :   " THE TERM OF OFFICE FOR MEMBERS AND ALTERNATES SHALL BE TWO YEARS . THEIR APPOINTMENTS MAY BE RENEWED .  AFTER EXPIRY OF THEIR TERM OF OFFICE , MEMBERS AND ALTERNATES SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED . "  DONE AT LUXEMBOURG , 9 APRIL 1968 .  FOR THE COUNCIL  THE PRESIDENT  E . FAURE


title: Council Decision 2013/308/CFSP of 24 June 2013 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus

text:
               25.6.2013

               EN

               Official Journal of the European Union

               L 172/31

         COUNCIL DECISION 2013/308/CFSP
   of 24 June 2013
   amending Decision 2012/642/CFSP concerning restrictive measures against Belarus
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 29 thereof,
   Whereas:

               (1)

               On 15 October 2012, the Council adopted Decision 2012/642/CFSP (1) concerning restrictive measures against Belarus.

               (2)

               The Council considers that to facilitate political dialogue, the travel ban imposed on Mr. Uladzimir Uladzimiravich Makei under Article 3(1) of Decision 2012/642/CFSP should be suspended while he holds the position of Minister for Foreign Affairs of the Republic of Belarus. The suspension should be subject to the review referred to in Article 8(2) of Decision 2012/642/CFSP.

               (3)

               Decision 2012/642/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 8 of Decision 2012/642/CFSP is replaced by the following:

      "Article 8
      1.   The measures referred to in Article 3(1), in so far as they apply to Mr. Uladzimir Uladzimiravich Makei, shall be suspended while he holds the position of Minister for Foreign Affairs of the Republic of Belarus.
      2.   This Decision shall apply until 31 October 2013. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met."

   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 24 June 2013.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 285, 17.10.2012, p. 1.


title: 2006/453/EC,Euratom: Council and Commission Decision of  24 October 2005  on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

text:
               6.7.2006

               EN

               Official Journal of the European Union

               L 185/7

      COUNCIL AND COMMISSION DECISION

   of 24 October 2005
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
   (2006/453/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the 2003 Treaty of Accession, and in particular Article 2(3) thereof,
   Having regard to the 2003 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the Council's approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, was signed on behalf of the European Community and the Member States on 30 April 2004.

               (2)

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

               (3)

               The Protocol should be concluded,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   The text of the Protocol is attached to this Decision (2).
   Article 2
   The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 4 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Luxembourg, 24 October 2005.

            For the Council

            The President

         B. BRADSHAW

            For the Commission

            The President

         J. M. BARROSO

      (1)  Opinion delivered on 26 October 2004 (not yet published in the Official Journal).

      (2)  See page 3 of this Official Journal.


title: Council Decision (EU) 2017/1121 of 20 June 2017 appointing a member, proposed by the Republic of Austria, of the Committee of the Regions

text:
               23.6.2017

               EN

               Official Journal of the European Union

               L 162/54

         COUNCIL DECISION (EU) 2017/1121
   of 20 June 2017
   appointing a member, proposed by the Republic of Austria, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Austrian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Christian BUCHMANN (Regierungsmitglied mit politischer Verantwortung gegenüber dem Landtag (Mitglied der Steirischen Landesregierung)) was proposed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mag. Christian BUCHMANN, Mitglied des steiermärkischen Landtages (change of mandate).

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 20 June 2017.

            For the Council

            The President

         H. DALLI

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


title: 2014/547/EU, Euratom: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the Consumers, Health and Food Executive Agency (formerly the Executive Agency for Health and Consumers) for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/106

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the Consumers, Health and Food Executive Agency (formerly the Executive Agency for Health and Consumers) for the financial year 2012
   (2014/547/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 Health and Consumers 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 Health and Consumers 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 2004/858/EC of 15 December 2004 setting up an executive agency, the ‘Executive Agency for the Public Health Programme’, for the management of Community action in the field of public health pursuant to Council Regulation (EC) No 58/2003 (9),

               —

               having regard to Commission Decision 2008/544/EC of 20 June 2008 amending Decision 2004/858/EC in order to transform the Executive Agency for the Public Health Programme into the Executive Agency for Health and Consumers (10),

               —

               having regard to Commission Implementing Decision 2013/770/EU of 17 December 2013 establishing the Consumers, Health and Food Executive Agency and repealing Decision 2004/858/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 Consumers, Health and Food Executive Agency (formerly the Executive Agency for Health and Consumers) 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 Consumers, Health and Food Executive Agency, 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. 57.

      (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 369, 16.12.2004, p. 73.

      (10)  OJ L 173, 3.7.2008, p. 27.

      (11)  OJ L 341, 18.12.2013, p. 69.


title: Council Decision 2013/189/CFSP of 22 April 2013 establishing a European Security and Defence College (ESDC) and repealing Joint Action 2008/550/CFSP

text:
               24.4.2013

               EN

               Official Journal of the European Union

               L 112/22

         COUNCIL DECISION 2013/189/CFSP
   of 22 April 2013
   establishing a European Security and Defence College (ESDC) and repealing Joint Action 2008/550/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28(1), 42(4) and 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 July 2005, the Council adopted Joint Action 2005/575/CFSP establishing a European Security and Defence College (ESDC) (1). That Joint Action was replaced by Council Joint Action 2008/550/CFSP of 23 June 2008 establishing a European Security and Defence College (ESDC) (2).

               (2)

               On 1 December 2008, pursuant to Article 13 of Joint Action 2008/550/CFSP, the ESDC Steering Committee (‘the Committee’) agreed on recommendations on the future perspectives of the ESDC.

               (3)

               The Council, in its conclusions of 8 December 2008, approved the Committee’s recommendations. Joint Action 2008/550/CFSP should therefore be replaced by a new legal act reflecting these recommendations.

               (4)

               The training activities within the ESDC framework should be carried out in the field of the Common Security and Defence Policy (CSDP), including in the areas of conflict resolution and stabilisation.

               (5)

               It is appropriate during the period covered by this Decision for the ESDC to rely only on seconded staff.

               (6)

               Pursuant to Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (3) (EEAS), the EEAS is to provide the ESDC with the support previously provided by the General Secretariat of the Council,

         HAS ADOPTED THIS DECISION:
   CHAPTER I

      ESTABLISHMENT, MISSION, OBJECTIVES AND TASKS

   Article 1
   Establishment
   A European Security and Defence College (ESDC) is hereby established.
   Article 2
   Mission
   The ESDC shall provide training in the field of the Union Common Security and Defence Policy (CSDP) in the context of the Common Foreign and Security Policy (CFSP) at the strategic level in order to develop and promote a common understanding of CSDP among civilian and military personnel, and to identify and disseminate, through its training activities (‘ESDC training activities’), best practice in relation to various CSDP issues.
   Article 3
   Objectives
   The objectives of the ESDC shall be the following:

               (a)

               to further enhance the common European security and defence culture within CSDP;

               (b)

               to promote a better understanding of CSDP as an essential part of CFSP;

               (c)

               to provide Union instances with knowledgeable personnel able to work efficiently on all CSDP matters;

               (d)

               to provide Member States’ administrations and staff with knowledgeable personnel familiar with Union policies, institutions and procedures in the field of CFSP;

               (e)

               to support Union partnerships in the field of CSDP, in particular partnerships with those countries participating in CSDP missions;

               (f)

               to help promote professional relations and contacts among participants in ESDC training activities (‘participants’).

         Where appropriate, attention shall be paid to ensuring consistency with other activities of the Union.
   Article 4
   Tasks
   1.   The main tasks of the ESDC shall be, in accordance with its mission and objectives, to organise and conduct ESDC training activities in the field of CSDP.
   2.   The ESDC training activities shall include:

               (a)

               the CSDP High Level Course;

               (b)

               the CSDP Orientation Courses;

               (c)

               CSDP courses for specialised audiences or with specific focus.

         Other training activities shall be undertaken, as decided by the Steering Committee referred to in Article 8 (‘the Committee’).
   3.   In addition to the activities referred to in paragraph 2, the ESDC shall in particular:

               (a)

               support the relations to be established between the institutes referred to in Article 5(1) engaged in the network referred to in that paragraph (‘the network’);

               (b)

               run and further develop an internet-Based Distance Learning (IDL) System to support CSDP training activities;

               (c)

               develop and produce training material for Union training in the field of CSDP also drawing on already existing relevant material;

               (d)

               facilitate an alumni network between former participants;

               (e)

               support exchange programmes in the field of CSDP between the Member States’ training institutes;

               (f)

               provide contributions to the annual Union training programme in CSDP;

               (g)

               provide support to the management of training in the field of conflict prevention and civilian crisis management;

               (h)

               organise and run an annual networking conference bringing together civilian and military training experts in CSDP from Member States’ training institutes and ministries, and relevant external training actors as appropriate; and

               (i)

               review annually its performance in delivering against the objectives listed in Article 3.

         4.   The ESDC training activities shall be conducted through the network.
   5.   As part of the network, the European Union Institute for Security Studies (EU ISS) shall support the ESDC training activities, in particular through EU ISS publications and by providing lectures given by EU ISS researchers and by providing contributions to the ESDC IDL System.
   CHAPTER II

      ORGANISATION

   Article 5
   Network
   1.   The ESDC shall be organised as a network bringing together civilian and military institutes, colleges, academies, universities, institutions and other actors dealing with security and defence policy issues within the Union as identified by Member States and the EU ISS (‘institutes’) to support the conduct of training activities in the field of CSDP.
   2.   The ESDC shall establish close links with the Union institutions and relevant Union agencies, in particular with the European Police College (CEPOL).
   3.   The ESDC shall work under the overall responsibility of the High Representative of the Union for Foreign Affairs and Security Policy (‘High Representative’).
   Article 6
   Legal Capacity
   1.   The ESDC shall have the necessary legal capacity in order to fulfill its tasks and meet its objectives, to enter into contracts and administrative arrangements necessary for its functioning, including to implement staff secondments, acquire equipment, in particular teaching equipment, hold bank accounts and be a party to legal proceedings.
   2.   Any liability which may arise from contracts concluded by the ESDC shall be covered by the funds available to it pursuant to Articles 14, 15 and 16.
   Article 7
   Structure
   The following structure shall be set up under the ESDC:

               (a)

               the Committee with responsibility for the overall coordination and direction of the ESDC training activities;

               (b)

               an Executive Academic Board (‘the Board’) with responsibility for ensuring the quality and coherence of the ESDC training activities;

               (c)

               the Head of the ESDC with responsibility for the financial and administrative management of the ESDC, as well as assisting the Committee and the Board in organising and managing ESDC activities;

               (d)

               an ESDC Secretariat (‘the Secretariat’) which is to assist the Head of the ESDC in fulfilling his tasks.

         Article 8
   Steering Committee
   1.   The Committee, composed of one representative appointed by each Member State, shall be the decision-making body of the ESDC. Each member of the Committee may be represented or accompanied by an alternate.
   2.   Members of the Committee may be accompanied by experts to meetings of the Committee.
   3.   The Committee shall be chaired by a representative of the High Representative who has appropriate experience. It shall meet at least twice a year.
   4.   Representatives from countries acceding to the Union may attend the Committee’s meetings as active observers.
   5.   The Head of the ESDC, the Chairperson of the Board and where appropriate the Chairpersons of its different configurations, as well as a representative of the Commission shall participate in the meetings of the Committee without the right to vote.
   6.   The tasks of the Committee shall be to:

               (a)

               establish the annual academic programme of the ESDC, drawing on the ESDC training concept;

               (b)

               provide overall guidance to the work of the Board;

               (c)

               approve and keep under regular review the ESDC training concept reflecting the agreed ESDC training requirements;

               (d)

               select the Member State(s) hosting the ESDC training activities and the institutes conducting them;

               (e)

               develop and agree the outline curricula for all ESDC training activities;

               (f)

               take note of the courses evaluation reports and approve a general annual report on ESDC training activities, to be forwarded to the relevant Council bodies;

               (g)

               appoint the Chairpersons of the Board and its different configurations for a period of at least two academic years;

               (h)

               take the necessary decisions with regard to the functioning of the ESDC in so far as these are not attributed to other bodies;

               (i)

               approve the annual budget and any amending budget, acting on proposals from the Head of the ESDC;

               (j)

               approve the annual accounts and give a discharge to the Head of the ESDC;

               (k)

               approve additional rules applicable to expenditure managed by the ESDC;

               (l)

               approve any financing agreement and/or technical arrangement with the Commission, the EEAS or a Member State regarding the financing and/or the implementation of the ESDC expenditure;

               (m)

               approve the rules applicable to staff seconded to the ESDC;

               (n)

               decide on opening specific ESDC training activities to third-country participation within the general political framework set by the Political and Security Committee.

         7.   The Committee shall approve its Rules of Procedure.
   8.   The Committee shall act by qualified majority, as defined in Title II of Protocol No 36 on Transitional Provisions, as annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
   Article 9
   The Executive Academic Board
   1.   The Board shall be composed of senior representatives from those civilian and military institutes and other actors identified by Member States to support the conduct of ESDC training activities. Where there are several representatives from one Member State, they shall together form a single delegation.
   2.   The Chairperson of the Board shall be appointed by the Committee among the members of the Board.
   3.   Representatives of the Commission and of the EEAS shall be invited to attend the meetings of the Board.
   4.   Academic experts and senior officials from national and Union institutions may be invited to attend meetings of the Board.
   5.   The tasks of the Board shall be to:

               (a)

               provide academic advice and recommendations to the Committee;

               (b)

               implement, through the network, the agreed annual academic programme;

               (c)

               oversee the IDL System;

               (d)

               develop detailed curricula for all ESDC training activities building on the agreed outline curricula;

               (e)

               ensure general coordination of ESDC training activities among all institutes;

               (f)

               review standards of the ESDC training activities undertaken in the previous academic year;

               (g)

               submit to the Committee proposals for ESDC training activities in the next academic year;

               (h)

               ensure a systematic evaluation of all ESDC training activities and approve the courses evaluation reports;

               (i)

               contribute to the draft general annual report on ESDC activities.

         6.   To fulfil its tasks, the Board may meet in different project-focused configurations. The Board shall draw up the rules and arrangements governing the creation and functioning of these configurations to be agreed by the Committee.
   7.   The Rules of Procedure of the Board shall be adopted by the Committee.
   Article 10
   The Head of the ESDC
   1.   The Head of the ESDC shall be responsible for organising and managing ESDC training activities. The Head of the ESDC shall support the work of the Committee and the Board in this field and shall act as the representative of the ESDC for ESDC training activities within and outside the network. The Head of the ESDC shall in particular:

               (a)

               take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the effective functioning of ESDC activities;

               (b)

               draw up the preliminary draft annual report of the ESDC and its preliminary draft work programme to be submitted to the Committee on the basis of the proposals submitted by the Board;

               (c)

               coordinate the implementation of the ESDC work programme;

               (d)

               maintain contacts with the relevant authorities in the Member States;

               (e)

               maintain contacts with relevant external training actors in the field of CSDP;

               (f)

               conclude where necessary technical arrangements on ESDC training activities with the relevant authorities and training actors in the field of CSDP;

               (g)

               perform any other task attributed to him by the Committee.

         2.   The Head of the ESDC shall be responsible for the financial and administrative management of the ESDC, and in particular:

               (a)

               draw up and submit to the Committee any draft budget;

               (b)

               adopt the budgets after their approval by the Committee;

               (c)

               be the authorising officer for the ESDC budget;

               (d)

               open one or more bank accounts on behalf of the ESDC;

               (e)

               negotiate, submit to the Committee and conclude any financing agreement and/or technical arrangement with the Commission, the EEAS or a Member State regarding the financing and/or the implementation of the ESDC’s expenditure;

               (f)

               negotiate and sign on behalf of the ESDC any Exchange of Letters for the secondment to the ESDC of Secretariat staff;

               (g)

               generally, represent the ESDC for the purpose of all legal acts with financial implications;

               (h)

               submit to the Committee the ESDC’s annual accounts.

         3.   The Head of the ESDC shall be appointed by the High Representative, after consulting the Committee. He shall be appointed as a member of the EEAS staff for the period of his appointment. The Member States may put forward candidates for the position of Head of the ESDC and staff of the Union institutions and the EEAS may apply for this position, in accordance with the applicable rules.
   4.   The Head of the ESDC shall be accountable to the Committee for his activities.
   Article 11
   The ESDC Secretariat
   1.   The Secretariat shall assist the Head of the ESDC in fulfilling his tasks.
   2.   The Head of the ESDC, assisted by a selection panel, shall be responsible for selecting the staff of the Secretariat.
   3.   The Secretariat shall provide support to the Committee, to the Board and to institutes for the organisation of the ESDC training activities.
   4.   Each institute shall designate a point of contact with the Secretariat to deal with the organisational and administrative issues connected with the organisation of the ESDC training activities.
   5.   The Secretariat shall closely cooperate with the Commission and the EEAS.
   Article 12
   ESDC Staff
   1.   The ESDC staff shall consist of:

               (a)

               staff seconded to the ESDC by Union institutions, the EEAS and Union agencies;

               (b)

               national experts seconded to the ESDC by Member States.

         2.   The ESDC may receive interns and visiting fellows.
   3.   The Committee, acting on a proposal from the High Representative, shall define in so far as necessary the conditions applicable to interns and visiting fellows.
   4.   The Decision of the High Representative of the Union for Foreign Affairs and Security Policy of 23 March 2011 establishing the rules applicable to National Experts Seconded to the European External Action Service (4) shall be applicable mutatis mutandis to national experts seconded to the ESDC by Member States.
   CHAPTER III

      FINANCING

   Article 13
   Contributions in kind to ESDC training activities
   1.   Each Member State, Union institution, Union agency and institute, and the EEAS shall bear all costs related to its participation in the ESDC, including salaries, allowances, travel and subsistence expenses and costs related to organisational and administrative support of the ESDC training activities.
   2.   Each participant shall bear all costs related to his participation.
   Article 14
   Support by the EEAS
   1.   The EEAS shall bear the costs arising from the hosting of the Head of the ESDC and the Secretariat within its premises, including information technology costs, the secondment of the Head of the ESDC and the secondment of one assistant staff member to the Secretariat.
   2.   The EEAS shall provide the ESDC with the administrative support necessary to recruit and manage its staff and to implement its budget.
   3.   A technical arrangement with the EEAS for the support it provides shall be negotiated by the Head of the ESDC and approved by the Committee.
   Article 15
   Voluntary contributions
   1.   For the purpose of financing specific activities, the ESDC may receive voluntary contributions from Member States and institutes or other donors. Such contributions shall be managed by the ESDC as earmarked revenue.
   2.   Technical arrangements for the contributions referred to in paragraph 1 shall be negotiated by the Head of the ESDC and approved by the Committee.
   Article 16
   Contribution from the Union Budget
   1.   The ESDC shall receive an annual contribution from the general budget of the Union. Such a contribution may in particular cover costs for support to ESDC training activities and national experts seconded by Member States to the ESDC.
   2.   The financial reference amount intended to cover the expenditure of the ESDC during the first 12 months after the conclusion of the financing agreement referred to in paragraph 3 shall be EUR 535 000. The financial reference amounts intended to cover the expenditure of the ESDC for subsequent periods shall be decided by the Council.
   3.   Following the decision by the Council as referred to in paragraph 2, a financing agreement with the Commission shall be negotiated by the Head of the ESDC and approved by the Committee.
   Article 17
   Financial rules
   The Financial Rules set out in the Annex shall apply to expenditure funded by the ESDC and to financing of such expenditure.
   CHAPTER IV

      MISCELLANEOUS PROVISIONS

   Article 18
   Participation in ESDC training activities
   1.   All ESDC training activities shall be open to participation by nationals of all Member States and acceding States. The organising and conducting institutes shall ensure that this principle applies without any exception.
   The ESDC training activities shall also be open in principle to participation by nationals of countries that are candidates for accession to the Union and, as appropriate, of other third countries.
   2.   Participants shall be civilian and military personnel dealing with strategic aspects in the field of CSDP and experts to be deployed in CSDP missions or operations.
   Representatives of, inter alia, international organisations, non-governmental organisations, academic institutions and the media, as well as members of the business community, may be invited to participate in ESDC training activities.
   3.   A certificate signed by the High Representative shall be awarded to a participant who has completed an ESDC course. The modalities of the certificate shall be kept under review by the Committee. The certificate shall be recognised by the Member States and by the Union institutions.
   Article 19
   Cooperation
   The ESDC shall cooperate with and draw on the expertise of international organisations and other relevant actors, such as national training institutes of third countries.
   Article 20
   Security regulations
   Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (5) shall apply to the ESDC.
   CHAPTER V

      FINAL PROVISIONS

   Article 21
   Continuity
   The rules and regulations adopted for the implementation of Joint Action 2008/550/CFSP shall remain in force for the purpose of implementing this Decision in so far as they are compatible with this Decision and until they are amended or repealed.
   Article 22
   Repeal
   Joint Action 2008/550/CFSP is hereby repealed.
   Article 23
   Review, entry into force and termination
   1.   This Decision shall enter into force on 1 April 2013. It shall be reviewed as appropriate, and, in any case, no later than six months before its expiry.
   2.   This Decision shall expire four years after the date of conclusion of the financing agreement referred to in Article 16(3).

      Done at Luxembourg, 22 April 2013.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 194, 26.7.2005, p. 15.

      (2)  OJ L 176, 4.7.2008, p. 20.

      (3)  OJ L 201, 3.8.2010, p. 30.

      (4)  OJ C 12, 14.1.2012, p. 8.

      (5)  OJ L 141, 27.5.2011, p. 17.

      ANNEX

         Financial Rules applicable to expenditure funded by the ESDC and its financing

      Article 1
      Budgetary principles
      1.   The ESDC budget is the act which for each financial year lays down and authorises all ESDC revenue and all expenditure funded by the ESDC.
      2.   Budget revenue and expenditure shall be in balance.
      3.   No revenue or expenditure funded by the ESDC may be implemented other than by allocation to a heading in the budget.
      Article 2
      Adoption of budgets
      1.   Each year the Head of the ESDC shall draw up a draft budget for the following financial year, which begins on 1 January and ends on 31 December of the same year. The draft budget shall include the appropriations deemed necessary to cover the expenditure to be funded by the ESDC during that period and a forecast of the revenue expected to cover such expenditure.
      2.   Appropriations shall be classified as necessary by type or purpose in chapters and articles. Detailed comments by article shall be included in the draft.
      3.   Revenue shall consist of Member States’ voluntary contributions, the annual contribution from the budget of the European Union and miscellaneous revenue.
      4.   The Head of the ESDC shall submit a detailed budget report on the current and previous financial years and propose the draft budget to the Committee by 31 October. The Committee shall approve the draft budget by 31 December.
      5.   In the case of unforeseen circumstances and compelling need, the Head of the ESDC may propose an amending budget. Any draft amending budget and the budget for the first year following adoption of this Decision shall be proposed, approved and adopted in accordance with the same procedure as that applicable to the annual budget, except that the deadlines applicable to the annual budget shall not apply.
      Article 3
      Transfers of appropriations
      The Head of the ESDC may make transfers of appropriations within the budget with the approval of the Committee.
      Article 4
      Carry-overs of appropriations
      1.   Appropriations necessary to pay for legal obligations entered into by 31 December of a financial year shall be carried over to the next financial year.
      2.   The Head of the ESDC may carry over other appropriations in the budget to the next financial year with the approval of the Committee.
      3.   Other appropriations shall be cancelled at the end of the financial year.
      Article 5
      Implementation of the budget and staff management
      For the purpose of implementing its budget and managing its staff, the ESDC shall use existing administrative structures of the Union, in particular the EEAS, to the greatest possible extent.
      Article 6
      ESDC Bank accounts
      1.   Any ESDC bank account shall be opened at a first-rate financial institution whose head office is in a Member State and shall be a current or short-term account in euro.
      2.   No ESDC bank account shall be overdrawn.
      Article 7
      Payments
      Any payment from an ESDC bank account shall require the joint signature of the Head of the ESDC and another member of the ESDC staff.
      Article 8
      Accounting
      1.   The Head of the ESDC shall ensure that accounts showing the ESDC revenue, expenditure and inventory of assets are kept in accordance with the internationally accepted accounting standards for the public sector.
      2.   The Head of the ESDC shall submit to the Committee the annual accounts for a given financial year no later than the following 31 March.
      3.   The necessary accounting services shall be outsourced.
      Article 9
      Auditing
      1.   An audit of the ESDC accounts shall be conducted annually.
      2.   The necessary auditing services shall be outsourced.
      3.   The audit reports shall be made available to the Committee if requested.
      Article 10
      Discharge
      1.   The Committee shall decide on the basis of the annual accounts and in view of the annual audit report whether to grant the Head of the ESDC a discharge in respect of the implementation of the ESDC budget.
      2.   The Head of the ESDC shall take all appropriate steps to satisfy the Committee that a discharge may be granted and to act on the observations in the decisions giving discharge, if any.


title: Council Decision 2013/306/CFSP of 24 June 2013 extending the mandate of the European Union Special Representative for Central Asia

text:
               25.6.2013

               EN

               Official Journal of the European Union

               L 172/25

         COUNCIL DECISION 2013/306/CFSP
   of 24 June 2013
   extending the mandate of the European Union Special Representative for Central Asia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 25 June 2012, the Council adopted Decision 2012/328/CFSP (1) appointing Mrs Patricia FLOR as the European Union Special Representative (EUSR) for Central Asia. The EUSR's mandate is to expire on 30 June 2013.

               (2)

               The mandate of the EUSR should be extended for a further period of 12 months.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mrs Patricia FLOR as the EUSR for Central Asia is hereby extended until 30 June 2014. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the policy objectives of the Union in Central Asia. These objectives include:

               (a)

               promoting good and close relations between the Union and the countries of Central Asia on the basis of common values and interests as set out in relevant agreements;

               (b)

               contributing to strengthening the stability and cooperation between the countries in the region;

               (c)

               contributing to strengthening democracy, the rule of law, good governance and respect for human rights and fundamental freedoms in Central Asia;

               (d)

               addressing key threats, especially specific problems with direct implications for Europe;

               (e)

               enhancing the Union's effectiveness and visibility in the region, including through a closer coordination with other relevant partners and international organisations, such as the Organisation for Security and Cooperation in Europe (OSCE) and the United Nations.

         Article 3
   Mandate
   1.   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               promote overall Union political coordination in Central Asia and help to ensure consistency of the external actions of the Union in the region;

               (b)

               monitor, on behalf of the HR, together with the European External Action Service (EEAS) and the Commission, the implementation process of the EU Strategy for a New Partnership with Central Asia, complemented by subsequent progress reports on the implementation of the EU Strategy for Central Asia, make recommendations and report to relevant Council bodies on a regular basis;

               (c)

               assist the Council in further developing a comprehensive policy towards Central Asia;

               (d)

               follow closely political developments in Central Asia by developing and maintaining close contacts with governments, parliaments, the judiciary, civil society and mass media;

               (e)

               encourage Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan to cooperate on regional issues of common interest;

               (f)

               develop appropriate contacts and cooperation with the main interested players in the region, and all relevant regional and international organisations, including the Shanghai Cooperation Organisation (SCO), the Eurasian Economic Community (EURASEC), the Conference on Interaction and Confidence-Building Measures in Asia (CICA), the Collective Security Treaty Organisation (CSTO), the Central Asia Regional Economic Cooperation Program (CAREC) and the Central Asian Regional Information and Coordination Centre (CARICC);

               (g)

               contribute to the implementation of the Union's human rights policy in cooperation with the EUSR for Human Rights and the EU Guidelines on Human Rights, in particular with regard to women and children in conflict-affected areas, especially by monitoring and addressing developments in this regard;

               (h)

               contribute, in close cooperation with the OSCE, to conflict prevention and resolution by developing contacts with the authorities and other local actors such as non-governmental organisations, political parties, minorities, religious groups and their leaders;

               (i)

               provide input to the formulation of energy security, border security, including anti-narcotics, and water resource management, environment and climate change aspects of the Common Foreign and Security Policy with respect to Central Asia;

               (j)

               promote regional security within Central Asian borders as International Security Assistance Force (ISAF) troops begin to draw down.

         2.   The EUSR shall support the work of the HR and maintain an overview of all activities of the Union in the region.
   Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the EEAS and its relevant departments.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2013 to 30 June 2014 shall be EUR 1 050 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   4.   The EUSR staff shall be co-located with the relevant EEAS departments or Union delegations/representations in third countries in order to contribute to the coherence and consistency of their respective activities.
   Article 7
   Privileges and immunities of the EUSR and the staff of the EUSR
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR's staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR's team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with the mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR's direct authority, notably by:

               (a)

               establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and a mission contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of the team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the progress and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States’ actions are engaged consistently, to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of the EUSR for Afghanistan. The EUSR shall provide regular briefings to Member States' missions and the Union's delegations.
   2.   In the field, close liaison shall be maintained with the Heads of Union delegations and Member States' Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Assistance in relation to claims
   The EUSR and her staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs for Central Asia, and shall provide administrative assistance and access to relevant files for such purpose.
   Article 14
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the Commission and the HR with a progress report by the end of December 2013, and, at the end of the EUSR's mandate, with a comprehensive report on the implementation of the mandate.
   Article 15
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 July 2013.

      Done at Luxembourg, 24 June 2013.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 165, 26.6.2012, p. 59.

      (2)  OJ L 141, 27.5.2011, p. 17.


Avis juridique important

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32002D0638

2002/638/EC: Commission Decision of 31 July 2002 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development Romania in the pre-accession period

Official Journal L 206 , 03/08/2002 P. 0031 - 0032

Commission Decisionof 31 July 2002conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development Romania in the pre-accession period(2002/638/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89(1), and in particular Article 12(2) thereof,Whereas:(1) In accordance with Article 4(5) of Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the Applicant Countries of central and eastern Europe in the pre-accession period(2), as last amended by Regulation (EC) No 2500/2001(3), a Programme for Agriculture and Rural Development was approved by Commission Decision C(2000) 3742 final on 12 December 2000, and amended by Commission Decision H/2002/1936, on 11 July 2002 for Romania.(2) The Romanian government and the Commission, acting on behalf of the European Community, signed on 2 February 2001 the Multiannual Financing Agreement (hereinafter MAFA) laying down the technical, legal and administrative framework for the execution of the Sapard Programme.(3) Regulation (EC) No 1266/1999 provides that the ex ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 may be waived on the basis of a case-by-case analysis of the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance; Commission Regulation (EC) No 2222/2000(4), as amended by Regulation (EC) No 2252/2001(5), provides for detailed rules for the carrying out of the said analysis.(4) The competent authority of Romania has appointed the Sapard Agency, public institution with legal status, in the subordination of the Ministry of Agriculture, Food and Forestry. It will be responsible for implementing the following measures: "Processing and Marketing of agricultural and fishery products", "Development and improvement of rural infrastructure" and "Technical assistance" as defined in the Programme for Agriculture and Rural Development that was approved by Commission Decision C(2000) 3742 final on 12 December 2000, and amended by Commission Decision H/2002/1936 on 11 July 2002; whereas the Ministry of Public Finance, National Fund has been established for the financial functions it is due to perform in the framework of the implementation of the Sapard programme.(5) Pursuant to Regulation (EC) No 1266/1999 and Regulation (EC) No 2222/2000, the Commission analysed the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance and considers that, for the implementation of the aforementioned measures, Romania complies with the provisions of Articles 4 to 6 and of the Annex to Regulation (EC) No 2222/2000 and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.(6) In particular, the Sapard Agency has implemented the following key accreditation criteria satisfactorily: written procedures, segregation of duties, pre-project approval and pre-payment checks, payment procedures, accounting procedures, computer security, internal audit, and, where appropriate, public procurement provisions.(7) On 11 July 2002 the Romanian authorities provided the revised list of eligible expenditure in conformity with Article 4(1), Section B of the MAFA, and this did not give rise to objections by the Commission.(8) The Ministry of Public Finance, National Fund has implemented the following criteria satisfactorily for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for Romania: audit trail, treasury management, receipt of funds, disbursements to the Sapard Agency, computer security and internal audit.(9) It is therefore appropriate to waive the ex ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 and to confer on the Sapard Agency, and on the Ministry of Public Finance, National Fund in Romania, the management of aid on a decentralised basis.(10) However, since the verifications carried out by the Commission are based on an operational, but not operating system, it is therefore appropriate to confer the management of the Sapard Programme on the Sapard Agency, and on the Ministry of Public Finance, National Fund, according to Article 3(2) of Regulation (EC) No 2222/2000, on a provisional basis.(11) Full conferral of management of the Sapard Programme is only envisaged after further verifications, in order to ensure that the system operates satisfactorily, have been carried out and after any recommendations the Commission may issue, with regard to the conferral of management of aid on the Sapard Agency, and on the Ministry of Public Finance, National Fund, have been implemented.(12) In order to take account of the requirements of Article 8(1)(b), Section A of the MAFA, expenditure pursuant to this Decision shall be eligible for Community co-finance only if incurred by beneficiaries from the date of this Decision or, if later, the date of the instrument making them a beneficiary for the project in question, except for feasibility and related studies, and for technical assistance, where this date shall be 12 December 2000, provided in all cases it is not paid by the Sapard Agency prior to the date of this Decision,HAS DECIDED AS FOLLOWS:Article 1The requirement of ex ante approval by the Commission of project selection and contracting by Romania is hereby waived.Article 2Management of the Sapard Programme is conferred on a provisional basis to:1. the Sapard Agency under the Ministry of Agriculture, Food and Forestry of Romania, Negustori Street 1 B, Sector 2, RO Bucharest 2, for the implementation of measures "Processing and marketing of agricultural and fishery products", "Development and improvement of rural infrastructure" and "Technical assistance" as defined in the Programme for Agriculture and Rural Development that was approved by Commission Decision C(2000) 3742 final on 12 December 2000, and amended by Commission Decision H/2002/1936, adopted on 11 July 2002; and2. the Ministry of Public Finance, National Fund, Apolodor Street 17, Sector 5, RO 70663 Bucharest, for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for Romania.Article 3Expenditure pursuant to this Decision shall be eligible for Community co-finance only if incurred by beneficiaries from the date of this Decision or, if later, the date of the instrument making them a beneficiary for the project in question, except for feasibility and related studies, and for technical assistance, where this date shall be 12 December 2000, provided in all cases it is not paid by the Sapard Agency prior to the date of this Decision.Done at Brussels, 31 July 2002.For the CommissionFranz FischlerMember of the Commission(1) OJ L 161, 26.6.1999, p. 68.(2) OJ L 161, 26.6.1999, p. 87.(3) OJ L 342, 27.12.2001, p. 1.(4) OJ L 253, 7.10.2000, p. 5.(5) OJ L 304, 21.11.2001, p. 8.