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32002D0630

2002/630/JHA: Council Decision of 22 July 2002 establishing a framework programme on police and judicial cooperation in criminal matters (AGIS)

Official Journal L 203 , 01/08/2002 P. 0005 - 0008

Council Decisionof 22 July 2002establishing a framework programme on police and judicial cooperation in criminal matters (AGIS)(2002/630/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1), Article 31 and Article 34(2)(c) thereof,Having regard to the initiative from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters, and by preventing and combating racism and xenophobia.(2) The conclusions of the Tampere European Council of October 1999 call for cooperation to be stepped up on preventing and fighting crime, including crime using new information and communication technologies, in order to achieve a genuine European area of justice. The importance of cooperation in this area has again been emphasised in the action plan entitled The prevention and control of organised crime: a European Union strategy for the beginning of the new millennium(3).(3) Article 12 of the Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings(4) calls for cooperation between Member States in order to facilitate more effective protection of victims' interests in criminal proceedings.(4) It is appropriate to widen the European dimension of projects to three Member States or to two Member States and an applicant country in order to promote the formation of partnerships and the exchange of information and good national practice.(5) The Grotius II - Criminal(5), Stop II(6), Oisin II(7), Hippokrates(8) and Falcone(9) programmes, established by the Council, have helped to strengthen cooperation between the police and judiciary in the Member States and to improve mutual understanding of their police, judicial, legal and administrative systems.(6) Following approval by the Feira European Council in June 2000 of the European Union Action Plan on Drugs (2000 to 2004), actions to combat drug trafficking are also included in this framework programme.(7) The establishment of a single framework programme, expressly called for by the European Parliament and the Council when the previous programmes were adopted, will further boost cooperation by way of a coordinated and multidisciplinary approach involving the various persons responsible for preventing and combating crime at European Union level. In doing so, it is necessary to maintain a balanced approach between various activities aiming at the creation of the area of freedom, security and justice.(8) It is desirable to ensure the continuity of the activities supported by the framework programme, by providing for their coordination within a single frame of reference that rationalises procedures and improves management and economies of scale. Moreover, it is necessary to make full use of the operational benefits of the programme, in particular for law enforcement authorities, and to encourage cooperation between the Member States' law enforcement authorities and to provide such authorities with a greater insight into the working methods of their counterparts in other Member States and constraints by which they may be bound.(9) The expenditure of the framework programme should be compatible with the current ceiling under Heading 3 of the financial perspective.(10) The annual appropriations of the framework programme should be decided upon by the budgetary authority during the budgetary procedure.(11) The framework programme needs to be made accessible to the applicant countries, as partners and participants in the projects funded under that programme. Where appropriate, participation of other States in that programme could also be envisaged.(12) The measures required to implement this Decision should be adopted according to the procedures laid down in it, with the assistance of a Committee.(13) To increase the added value of the projects implemented under this Decision, it is necessary to ensure consistency and complementarity between these projects and other forms of Community intervention.(14) Regular monitoring and evaluation of the framework programme need to be ensured so that the effectiveness of the projects carried out can be assessed in the light of the objectives and so that the priorities can be re-adjusted if necessary.(15) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(10), is included in this Decision for the entire duration of the framework programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty establishing the European Community,HAS DECIDED AS FOLLOWS:Article 1Establishment of the framework programme1. This Decision establishes a framework programme for police and judicial cooperation in criminal matters in the context of the area of freedom, security and justice, hereafter referred to as the programme.2. The programme is hereby established for the period from 1 January 2003 to 31 December 2007 and may be extended beyond the latter date.Article 2Programme objectives1. The programme shall contribute to the general objective of providing European Union citizens with a high level of protection in an area of freedom, security and justice. In this context, it aims, in particular, to:(a) develop, implement and evaluate European policies in this field;(b) promote and strengthen networking, mutual cooperation on general subjects of common interest to the Member States, the exchange and dissemination of information, experience and best practice, local and regional cooperation, and the improvement and adaptation of training and technical and scientific research;(c) encourage Member States to step up cooperation with the applicant countries, other third countries and appropriate regional and international organisations.2. The programme shall support projects in the following areas relating to Title VI of the Treaty on European Union:(a) judicial cooperation in general and criminal matters, including training;(b) cooperation between law enforcement authorities;(c) cooperation between law enforcement authorities or other public or private organisations in the Member States involved in preventing and fighting crime, organised or otherwise;(d) cooperation between Member States to achieve effective protection of the interests of victims in criminal proceedings.Article 3Access to the programme1. The programme shall co-finance projects of a maximum duration of two years presented by public or private institutions and bodies, including professional organisations, non-governmental organisations, associations, organisations representing business, research and basic and further training institutes; the projects shall be directed at the target groups set out in paragraph 3.2. To be eligible for co-financing, the projects must involve partners in at least three Member States, or two Member States and one applicant country, and have the objectives mentioned in Article 2. The applicant countries may participate in the projects in order to familiarise themselves with the acquis in this area and help them to prepare for the accession. Other third countries may also participate when this serves the aims of the projects.3. The programme shall be directed at the following target groups:(a) legal practitioners: judges, public prosecutors, lawyers, law officials, criminal investigation officers, bailiffs, experts, court interpreters and other professionals associated with the judiciary;(b) law-enforcement officials and officers: public bodies in Member States which are responsible under national law for preventing, detecting and combating criminal offences;(c) officials in other government departments and representatives of associations, professional organisations, research and business involved in fighting and preventing crime, organised or otherwise;(d) representatives of victim assistance services, including public departments responsible for immigration and social services.4. Within the framework of the objectives laid down in Article 2, the programme may also cofinance:(a) specific projects presented in accordance with paragraph 1 that are of particular interest in terms of the programme's priorities or cooperation with the applicant countries;(b) complementary measures such as seminars, meetings of experts or other activities to disseminate the results obtained under the programme.5. Within the framework of the objectives laid down in Article 2, the programme may also give direct financial support to activities included in the annual activity programmes of non-governmental organisations which meet the following criteria:(a) they must be non-profit-making organisations;(b) they must be constituted in accordance with the law of one of the Member States;(c) they must pursue activities with a European dimension and involve, as a general rule, at least half of the Member States;(d) the aims of their activities must include one or more of the objectives laid down in Article 2.Article 4Activities of the programmeThe programme shall comprise the following types of project:(a) training;(b) setting up and launching exchange and placement schemes;(c) studies and research;(d) dissemination of the results obtained under the programme;(e) encouraging cooperation between the Member States' law enforcement, judicial authorities or other public or private organisations in the Member States involved in preventing and fighting crime, for instance by giving assistance for the establishment of networks;(f) conferences and seminars.Article 5Financing the programme1. The financial reference amount for the implementation of this programme for the period 2003 to 2007 shall be EUR 65 million.The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.2. The cofinancing of a project by the programme shall be exclusive of any other financing by another programme financed by the general budget of the European Union.3. Financing decisions shall be followed by financing contracts between the Commission and the organisers. The financing decisions and contracts arising therefrom shall be subject to financial control by the Commission and to audits by the Court of Auditors.4. The proportion of financial support from the general budget of the European Union shall not exceed 70 % of the total cost of the project.5. However, the specific projects and complementary measures referred to in Article 3(4) and the activities referred to in Article 3(5) can be financed to 100 %, up to a ceiling of 10 % of the total financial package allocated annually to the programme for specific projects under Article 3(4)(a) and 5 % for complementary measures under Article 3(4)(b).Article 6Implementation of the programme1. The Commission shall be responsible for the management and implementation of the programme, in cooperation with the Member States.2. The programme shall be managed by the Commission in accordance with the Financial Regulation applicable to the general budget of the European Communities.3. To implement the programme, the Commission shall:(a) prepare an annual work programme comprising specific objectives, thematic priorities and, if necessary, a list of specific projects and complementary measures; the programme shall be balanced between the areas specified in Article 2(2), with at least 15 % of annual funding being devoted to each of the areas specified in subparagraphs (a), (b) and (c) of that paragraph;(b) evaluate and select the projects submitted and ensure management of them.4. Examination of the projects presented shall be carried out in accordance with the advisory procedure laid down in Article 8. Examination of the annual work programme, the specific projects and the complementary measures (referred to in Article 3(4) and the activities referred to in Article 3(5)) shall be carried out in accordance with the management procedure laid down in Article 9.5. The Commission shall, on condition that they are compatible with the relevant policies, evaluate and select projects submitted by the organisers on the basis of the following criteria:(a) conformity with the programme's objectives;(b) European dimension of the project and scope for participation by the applicant countries;(c) compatibility with the work undertaken or planned within the framework of the European Union's policy priorities on judicial cooperation in general and criminal matters;(d) extent to which the project complements other past, present or future cooperation projects;(e) ability of the organiser to implement the project;(f) inherent quality of the project in terms of its conception, organisation, presentation and expected results;(g) amount of the grant requested under the programme and proportionality with the expected results;(h) the impact of the expected results on the programme's objectives.Article 7Committee1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission, hereafter referred to as the Committee.2. The Committee shall adopt its rules of procedure on a proposal by the Chair, on the basis of standard rules of procedure which have been published in the Official Journal of the European Communities.3. The Commission may invite representatives from the applicant countries to information meetings after the Committee's meetings.Article 8Advisory procedure1. Where reference is made to this Article, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the Chair may lay down according to the urgency of the matter, if necessary by taking a vote.2. The opinion shall be recorded in the minutes; each Member State may request that its position be recorded in the minutes.3. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which the opinion has been taken into account.Article 9Management procedure1. Where reference is made to this Article, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the Chair may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chair shall not vote.2. The Commission shall adopt measures which shall apply immediately. However, if the measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period of three months from the date of such communication.3. The Council, acting by qualified majority, may take a different decision within the period provided for by paragraph 2.Article 10Consistency and complementarityThe Commission, in cooperation with the Member States, shall ensure that projects complement and are consistent with other Community policies.Article 11Monitoring and evaluationThe Commission shall regularly monitor the programme. It shall inform the European Parliament of the work programme adopted and the list of projects co-financed and shall present to the European Parliament and the Council:(a) an annual report on the implementation of the programme. The first report shall be submitted by 30 June 2004;(b) an interim evaluation of the implementation of the programme by 30 June 2005;(c) a communication on the continuation of the programme, if necessary accompanied by an appropriate proposal, by 30 September 2006;(d) a final evaluation of the entire programme by 30 June 2008.Article 12Entry into forceThis Decision shall take effect on the day of its publication in the Official Journal.Done at Brussels, 22 July 2002.For the CouncilThe PresidentP. S. Møller(1) OJ C 51 E, 26.2.2002, p. 345.(2) Opinion delivered on 9 April 2002 (not yet published in the Official Journal).(3) OJ C 124, 3.5.2000, p. 1.(4) OJ L 82, 22.3.2001, p. 1.(5) OJ L 186, 7.7.2001, p. 1 (Grotius II - Criminal).(6) OJ L 186, 7.7.2001, p. 7 (Stop II).(7) OJ L 186, 7.7.2001, p. 4 (Oisin II).(8) OJ L 186, 7.7.2001, p. 11.(9) OJ L 99, 31.3.1998, p. 8.(10) OJ C 172, 18.6.1999, p. 1.


title: EFTA Surveillance Authority Decision No 198/03/COL of 5 November 2003 amending for the 40th time the Procedural and Substantive Rules in the Field of State Aid by deleting the chapters on small and medium-sized enterprises, de minimis aid, training aid and employment aid

text:
               12.5.2005

               EN

               Official Journal of the European Union

               L 120/39

         EFTA SURVEILLANCE AUTHORITY DECISION

   No 198/03/COL
   of 5 November 2003
   amending for the 40th time the Procedural and Substantive Rules in the Field of State Aid by deleting the chapters on small and medium-sized enterprises, de minimis aid, training aid and employment aid
   THE EFTA SURVEILLANCE AUTHORITY,
   Having regard to the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 and Protocol 26 thereof,
   Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), in particular to Articles 24, 5(2)(b) and 1 in Part I of Protocol 3 thereof,
   Whereas under Article 24 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall give effect to the provisions of the EEA Agreement concerning State aid.
   Whereas under Article 5(2)(b) of the Surveillance and Court Agreement the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary.
   Recalling the Procedural and Substantive Rules in the Field of State Aid (3) adopted on 19 January 1994 by the EFTA Surveillance Authority (4).
   Whereas, on 12 January 2001, the European Commission adopted Regulation (EC) No 68/2001 (5) on the application of Articles 87 and 88 of the EC Treaty to State aid to training aid.
   Whereas, on 12 January 2001, the European Commission adopted Regulation (EC) No 69/2001 (6) on the application of Articles 87 and 88 of the EC Treaty to State aid de minimis aid.
   Whereas, on 12 January 2001, the European Commission adopted Regulation (EC) No 70/2001 (7) on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises.
   Whereas, on 12 December 2002, the European Commission adopted Regulation (EC) No 2204/2002 (8) on the application of Articles 87 and 88 of the EC Treaty to State aid for employment.
   Whereas these Regulations are also of relevance for the European Economic Area, and have now been incorporated into Annex XV to the EEA Agreement by Joint Committee Decisions (9).
   Whereas recital 4 of the Regulations on training aid, aid to small and medium-sized enterprises and aid for employment, explicitly stipulate that the existing guidelines and frameworks in the fields now covered by the Regulations cease to apply from the entry into force of the Regulations.
   Whereas in light of this, the corresponding Chapters 10 on small and medium-sized enterprises, 18 on employment aid and 18 A on training aid in the State Aid Guidelines are no longer of relevance and should be deleted.
   Whereas, despite the lack of an explicit statement in Regulation (EC) No 69/2001 on de minimis aid, the same applies to Chapter 12 of the State Aid Guidelines as the Regulation comprehensively covers all rules for de minimis aid.
   Whereas a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area.
   Having consulted the European Commission.
   Recalling that the EFTA Surveillance Authority has consulted the EFTA States in a multilateral meeting on 20 June 2003 on the subject,
   HAS ADOPTED THIS DECISION:

               1.

               The State Aid Guidelines shall be amended by deleting the following chapters thereof:

                           —

                           Chapter 10 on aid to small and medium-size companies,

                           —

                           Chapter 12 on the de minimis rule and its application,

                           —

                           Chapter 18 on employment aid,

                           —

                           Chapter 18 A on training aid.

               2.

               The EFTA States shall be informed by means of a letter, including a copy of this Decision.

               3.

               The European Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision.

               4.

               The Decision shall be published in the EEA Section of and in the EEA Supplement to the Official Journal of the European Union.

               5.

               The Decision shall be authentic in the English language.

      Done at Brussels, 5 November 2003.

            For the EFTA Surveillance Authority

            The President

         Einar M. BULL

            College Member

         Hannes HAFSTEIN

      (1)  Hereinafter referred to as the EEA Agreement.

      (2)  Hereinafter referred to as the Surveillance and Court Agreement.

      (3)  Hereinafter referred to as the State Aid Guidelines.

      (4)  Initially published in OJ L 231, 3.9.1994, and in the EEA Supplement thereto No 32 on the same date, last amended by College Decision No 197/03/COL of 5 November 2003 (not yet published).

      (5)  OJ L 10, 13.1.2001, p. 20. Regulation as last amended by Regulation (EC) No 363/2004 (OJ L 63, 28.2.2004, p. 20).

      (6)  OJ L 10, 13.1.2001, p. 30.

      (7)  OJ L 10, 13.1.2001, p. 33. Regulation as last amended by Regulation (EC) No 363/2004.

      (8)  OJ L 337, 13.12.2002, p. 3.

      (9)  Regulation (EC) No 68/2001 on training aid has been incorporated as point 1d of Annex XV, Regulation (EC) No 69/2001 on de minimis aid has been incorporated as point 1e of Annex XV, Regulation (EC) No 70/2001 on aid to small and medium-sized enterprises has been incorporated as point 1f, all by Joint Committee Decision No 88/2002 (OJ L 266, 3.10.2002, p. 56 and EEA Supplement No 49, 3.10.2002, p. 42). Regulation (EC) No 2204/2002 on employment aid has been incorporated as point 1g of Annex XV by Joint Committee Decision No 83/2003 (OJ L 257, 9.10.2003, p. 39).


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31999D0527(01)

Council Decision of 11 May 1999 on appointing a member of a board of appeal of the office for harmonisation in the internal market (trade marks and designs)

Official Journal C 146 , 27/05/1999 P. 0001 - 0001

COUNCIL DECISIONof 11 May 1999on appointing a member of a board of appeal of the office for harmonisation in the internal market (trade marks and designs)(1999/C 146/01)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 Articles 120 and 131 thereof,Having regard to the candidature presented by the Administrative Board of the Office for Harmonisation in the internal market (trade marks and designs) on 14 April 1999,HAS DECIDED AS FOLLOWS:Article 1Mr Walter Peeters, born in Turnhout (Belgium) on 14 July 1944, is hereby appointed a member of a bord of appeal of the office for harmonisation in the internal market (trade marks and designs) for a period of five years.Article 2The date on which the five-year period referred to in Article 1 will commence shall be determined by the Administrative Board of the Office for Harmonisation in the internal market (trade marks and designs).Done at Brussels, 11 May 1999.For the CouncilThe PresidentL. SCHOMERUS(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).


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31989D0547

89/547/EEC: Council Decision of 21 June 1989 on the conclusion of a Supplementary Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden concerning the elimination of existing and prevention of new quantitative restrictions affecting exports or measures having equivalent effect

Official Journal L 295 , 13/10/1989 P. 0021 - 0021

COUNCIL DECISION of 21 June 1989 on the conclusion of a Supplementary Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden concerning the elimination of existing and prevention of new quantitative  restrictions affecting exports or measures having equivalent effect (89/547/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Agreement between the European Economic Community and the Kingdom of Sweden (1), signed in Brussels on 22 July 1972, does not provide for the prohibition of quantitative restrictions affecting exports and measures having equivalent effect;  Whereas it is in the interest of the European Economic Community and the Kingdom of Sweden to promote the free circulation of raw materials and goods by abolishing any such restrictions and measures and by preventing the creation of new restrictions or  measures affecting their mutual trade;  Whereas it is necessary both to make arrangements for a phased abolition of current restrictions affecting certain products or measures having equivalent effect and to provide for safeguard measures in the event either of re-export towards third  countries against which the exporting Contracting Party maintains restrictions or measures having equivalent effect or in the event of serious shortage of a particular product;  Whereas under Article 32 (1) of the Agreement, the Contracting Parties may, in the interest of their economies, develop the relations established by the Agreement by extending it to fields not covered thereby;  Whereas the Commission has held negotiations with the Kingdom of Sweden, which have resulted in a Protocol,  HAS DECIDED AS FOLLOWS:    Article 1 The Supplementary Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden concerning the elimination of existing and prevention of new quantitative restrictions affecting exports or measures having equivalent effect is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2 The President of the Council shall give the notification provided for in Article 4 of the Supplementary Protocol.  Article 3 This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.   Done at Luxembourg, 21 June 1989.  For the Council The President C. ARANZADI   (1) OJ No L 300, 31. 12. 1972, p. 97.


title: 48th amendment of the State aid guidelines — EFTA Surveillance Authority decision to propose appropriate measures

text:
               14.4.2005

               EN

               Official Journal of the European Union

               C 90/10

         48th amendment of the State aid guidelines
   EFTA Surveillance Authority decision to propose appropriate measures
   (2005/C 90/05)
   Date of adoption:
   EFTA State: n.a.
   Case No: 47811
   Title: Amendment to Chapter 16 on ‘State aid for Rescuing and Restructuring firms in difficulty’ of the State aid guidelines by replacing Chapter 16 with a new text and a proposal for appropriate measures.
   Legal basis: College Decision No 305/04/COL
   Decision: The appropriate measures, proposed by the Authority and accepted by the EFTA States are as follows:
   to amend their existing aid schemes relating to State aid covered by the amended Chapter 16 of the Authority's State aid guidelines so to comply with the Guidelines by 1 June 2005 at the latest.


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31985D0593

85/593/Euratom: Commission Decision of 20 November 1985 on the reorganization of the Joint Research Centre (JRC)

Official Journal L 373 , 31/12/1985 P. 0006 - 0008 Finnish special edition: Chapter 12 Volume 2 P. 0076  Spanish special edition: Chapter 12 Volume 5 P. 0034  Swedish special edition: Chapter 12 Volume 2 P. 0076  Portuguese special edition Chapter 12 Volume 5 P. 0034

COMMISSION DECISIONof 20 November 1985on the  reorganization of the Joint Research Centre (JRC)(85/593/Euratom)THE COMMISSION  OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Atomic Energy  Community, and in particular Article 8 thereof,Having regard to the Treaty establishing a single  Council and a single Commission of the European Communities, and in particular Article 16  thereof,Whereas the Joint Research Centre (JRC) should be given a structure adapted to its  particular purpose; whereas this structure should be altered whenever the Commission considers it  necessary, in order to ensure that JRC activities are performed as effectively as possible and that  they are fully consistent with the Commission's priorities.Whereas the Commission adopted a  Decision on 4 January 1985 on the full scientific and administrative integration of the  Directorate-General for Science, Research and Development,HAS DECIDED AS FOLLOWS: Article 1Within the Directorate-General for Science, Research and Development, the Joint Research  Centre, hereinafter referred to as 'the JRC', shall consist of the establishments set up by the  Commission to carry out the Community's research and training programmes, and of the necessary  ancillary services.Article 2The organs of the JRC shall be:the Director-General, who shall also  serve as Deputy Director-General of the Directorate-General for Science, Research and  Development,the Board of Governors,the Scientific Council,the Scientific Committee.Article 3The  JRC shall be under the authority of a Director-General appointed by the Commission on the basis of  a contract ofnot more than four years' duration, which shall be renewable; he shall, himself, be  under the authority of the Director-General for Science, Research and Development. The  Director-General of the JRC and the services directly under him shall be located in Brussels.The  Director-General of the JRC shall take all measures necessary for the efficient functioning of the  JRC consistent with the regulations in force and the authority delegated to him.In accordance with  the procedures hereinafter described the Director-General of the JRC:shall prepare, within the  context of the integrated action programmes, draft programmes for the JRC's various fields of  activity for submission to the Commission, indicating the financial aspects thereof,shall negotiate  and conclude research contracts, within the total funds provided for the purpose, and in doing so  shall conform to the tariff rules laid down by the Council on a proposal from the Commission,shall  be responsible for the implementation of programmes and for financial administration,shall  determine the internal organization of the JRC, taking particularly into account the requirements  of a functional budget,shall, within the limits of the powers delegated to him by the  Director-General for Science, Research and Development, exercise the powers conferred upon the  appointing authority by the Staff Regulations of Officials and upon the authority empowered to  conclude contracts by the Conditions of Employment of Other Servants.Article 4A Board of  Governors of the JRC is hereby set up. It shall consist of 11 members:(aa high-level representative  from each Member State, to be appointed formally by the Commission on the basis of nominations by  the authorities of the State in question;(ba chairman elected by the 10 representatives of the  Member States referred to in point (a).All members shall be appointed for a term of three years,  which shall be renewable. The Board of Governors shall draw up its own rules of procedure, within the framework of Council  Decision 84/337/Euratom, EEC (1), and in particular Articles 3 and 4 thereof.The Board of Governors  of the JRC shall assist and advise the Commission in the formulation of strategic decisions  concerning the role of the JRC within the Community framework programmes and having regard to the  need to develop close cooperation between the JRC and the Member States, in particular in the  following fields:the drafting of proposals concerning new programmes and their integration into the  Community research strategy,preparing, each year, the establishment plan for the JRC and its  budget,implementing the research and development programmes,adapting the JRC programme in  accordance with Articles 3 and 4 of Decision 84/337/Euratom, EEC,drafting an annual JRC management  report,any other consultation the Commission may request of it.The Board of Governors of the JRC  shall normally be convened twice yearly.The JRC shall provide the secretariat for the Board of  Governors of the JRC and shall make available to it any information it may require for the  performance of its function.Article 5A Scientific Council of the JRC is hereby set up. It shall  consist of 11 members:(athe chairman, appointed by the Commission;(ba leading scientist from each  Member State, to be appointed by the Commission on the basis of at least two nominations by the  authorities of the State in question.All members shall be appointed for a term of three years,  which shall be renewable.The Scientific Council of the JRC shall normally be convened six times a  year.It shall assist and advise the Commission on the following matters:the implementation of  current research and development programmes and allocation of available resources for these  programmes,the formulation of proposals relating to new programmes and the funds considered  necessary for their implementation, the JRC's establishment plan and the recruitment of senior staff (A 1 and A 2 and appointments of  comparable importance),major investments,the internal evaluation of the research results at the  halfway stage of the programme.The JRC shall provide the secretariat for the Scientific Council and  shall make available to it any information it may require for the performance of its  function.Article 6The Board of Governors and the Scientific Council may meet jointly at the  request of either one of the two bodies or of the Commission.Article 7A scientific committee of  the JRC is hereby set up to assist the Director-General.Two-thirds of the Scientific Committee  shall be composed of the main heads of department and project managers, and one-third by members of  the scientific and technical staff, elected by that staff as their representatives.The Scientific  Committee shall be regularly consulted by the Director-General on all questions of a scientific or  technical nature relating to the activities of the JRC. In this connection, it shall take part in  the preparation of draft programmes.Article 81.  The Director-General of the JRC, having due  regard to the general policy adopted by the Council and the European Parliament and to the general  guidelines issued by the Commission, shall prepare the draft programmes for the JRC's various  fields of activity under the responsibility of the Director-General for Science, Research and  Development and in close consultation with the Directorates for Scientific and Technical  Coordination, Cooperation with non-member countries, COST and Means of Action.2.  The Scientific  Council and the Board of Governors of the JRC shall be consulted on draft programmes.3.  The  Commission shall examine the draft programme in the light of the general policy and budgetary  situation of the Community. It shall adopt the proposals in accordance with the provisions of the  Treaty and lay them before the Council. Article 91.  The Director-General of the JRC shall be responsible for the proper execution of the  programmes laid down for the JRC. He shall direct the activities of the departments and services,  and in particular decide between the alternative methods of implementing the programme.2.  In  agreement with the Director-General for Science, Research and Development, he shall provide the  Commission with all the information it needs to draw up the reports required by Article 11 of the  Euratom Treaty.3.  The Director-General of the JRC shall ensure, as necessary, that successive  programmes are properly coordinated and inter-related, during implementation and preparation, with  particular reference to the scientific and industrial infrastructure of the JRC. The  Director-General shall arrange to review the programmes every two years.Article 10The  Director-General of the JRC shall keep the Scientific Council of the JRC regularly informed  concerning the activities of the Joint Research Centre, in particular as regards major contracts  concluded, staff management policy, the detailed elaboration of the Centre's programme and any  major amendments to programmes already approved. In the light of this information the Scientific  Council of the JRC may deliver opinions to the Director-General.Article 111.  Each year the  Director-General of the JRC shall make an estimate of the funds required for the implementation of  the programme, for inclusion under the relevant head of the preliminary draft budget of the  Communities. This estimate shall include a forecast of revenue and expenditure in respect of work  done by the JRC under contract.Article 8 shall apply, mutatis mutandis, to the preparation of  preliminary draft budgets for research activities.2.  Expenditure of the JRC shall be authorized by  the Director-General of the JRC under powers delegated to him by the Director-General for Science,  Research and Development; he shall sign payment orders and receipts; he shall conclude contracts  and authorize transfers of funds. 3.  The Director-General of the JRC shall make a quarterly financial report to the Commission. At  the end of the financial year he shall forward a statement of revenue and expenditure for that  financial year to the Director-General for Science, Research and Development, who shall submit it  to the Commission.4.  The Commission shall appoint the officer responsible for the control of the  commitment and authorization of expenditure and for the supervision of revenue.5.  The Commission  shall appoint the accounting officer responsible for the payment of expenditure and receipt of  revenue and for the handling of funds and securities, for the safe custody of which he shall be  responsible.Article 121.  Within the limits of the powers delegated to him by the  Director-General for Science, Research and Development, the Director-General of the JRC shall have  such powers over the staff as are conferred upon the appointing authority.2.  However, in respect  of officials and other servants of grades A 1 and A 2, the powers laid down in Articles 29, 49, 50  and 51 and Title VI of the Staff Regulations shall be exercised by the Commission on a proposal  from the Director-General of the JRC in agreement with the Director-General for Science, Research  and Development.3.  The Director-General of the JRC shall, on behalf of the Commission and of the  Director-General for Science, Research and Development, take all measures necessary to ensure the  safety of persons and installations for which he is responsible.Article 13The Director-General of  the JRC may delegate the powers conferred on him to Establishment Directors.The Director-General of  the JRC shall inform the Director-General for Science, Research and Development of the powers  delegated to Establishment Directors.Done at Brussels, 20 November 1985.For the  CommissionKarl-Heinz NARJESVice-president(1) OJ N° L 177, 4. 7. 1984, p.  23.


title: Request for waiver of the immunity of Hannes Swoboda European Parliament decision of 22 April 2009 on the request for waiver of the immunity of Hannes Swoboda (2009/2014(IMM))

text:
               8.7.2010

               EN

               Official Journal of the European Union

               CE 184/137

         Wednesday 22 April 2009Request for waiver of the immunity of Hannes Swoboda
   P6_TA(2009)0236
   European Parliament decision of 22 April 2009 on the request for waiver of the immunity of Hannes Swoboda (2009/2014(IMM))
   2010/C 184 E/31

      The European Parliament,
   having regard to the request for waiver of the immunity of Hannes Swoboda of 5 December 2008, forwarded by the Vienna Regional Criminal Court on 20 January 2009 and announced in plenary sitting on 5 February 2009,
   having heard Hannes Swoboda in accordance with Rule 7(3) of its Rules of Procedure,
   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
   having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,
   having regard to Article 57 of the Austrian Bundesverfassungsgesetz (Federal Constitutional Law),
   having regard to Rules 6(2) and 7 of its Rules of Procedure,
   having regard to the report of the Committee on Legal Affairs (A6-0190/2009),

               1.

               Decides not to waive the immunity of Hannes Swoboda;

               2.

               Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authority of the Republic of Austria.

      (1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, and Case 149/85 Wybot v Faure and others [1986] ECR 2391.