title: 2006/843/EC: Decision of the European Parliament of 27 April 2006 on the closure of the accounts of the European Maritime Safety Agency for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/124

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the closure of the accounts of the European Maritime Safety Agency for the financial year 2004
   (2006/843/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Maritime Safety Agency for the financial year 2004, together with the Agency's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0103/2006),

               1.

               Notes the following figures for the accounts of the European Maritime Safety Agency for the financial years 2004 and 2003:
               Revenue and expenditure account for the financial years 2004 and 2003

                           (1000 EUR)

                           2004

                           2003  (6)

                              Revenue

                           Community subsidies

                           12 800

                           2 630

                           Other revenue

                           5

                           2

                              Total budget revenue (a)

                              12 805

                              2 632

                              Expenditure

                              Staff— Title I of the budget

                           Payments

                           3 594

                           647

                           Appropriations carried over

                           143

                           66

                              Operating expenditure — Title II of the budget

                           Payments

                           635

                           238

                           Appropriations carried over

                           684

                           315

                              Operational expenditure — Title III of the budget

                           Payments

                           437

                           13

                           Appropriations carried over

                           2 074

                           155

                              Total budget expenditure (b)

                              7 567

                              1 434

                              Balance (c = a - b)

                              5 238

                              1 198

                           Appropriations carried over and cancelled

                           251

                           —

                           Exchange-rate differences

                           - 1

                           0

                              Balance of the budget implementation for the financial year (d)

                              5 488

                              1 198

                           Variation in automatic carry-overs of appropriations and invoices to be received

                           2 089

                           399

                           Variation in investments for the financial year

                           242

                           11

                           Variation in debts (Commission)

                           - 5 489

                           - 1 198

                           Depreciation for the financial year

                           - 43

                           - 3

                           Variation in advances to suppliers

                           56

                           —

                              Outturn of the economic adjustments for the financial year (e)

                              2 343

                              407

               2.

               Approves the closure of the accounts of the European Maritime Safety Agency for the financial year 2004;

               3.

               Instructs its President to forward this decision to the Executive Director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the European Union (L series).

            The President

         Joseph BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 9.

      (2)  OJ C 332, 28.12.2005, p. 30.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation (EC) No 724/2004 (OJ L 129, 29.4.2004, p. 1).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

      (6)  The data for the financial year 2003 have been restated in order to comply with the principle of accruals-based accounting. NB: Variations in totals are due to the effects of rounding.
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/126

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for the implementation of the budget of the European Maritime Safety Agency for the financial year 2004
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Maritime Safety Agency for the financial year 2004, together with the Agency's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0103/2006),

               A.

               whereas the Court of Auditors stated that it had obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2004 were reliable and that the underlying transactions, taken as a whole, were legal and regular,

               B.

               whereas the Court of Auditors states that it has obtained reasonable assurance from all the agencies, excepting the express reservations in respect of the 2004 financial year concerning the European Agency for Reconstruction, the European Centre for the Development of Vocational Training, the European Training Foundation, the European Monitoring Centre on Racism and Xenophobia and the European Food Safety Authority,

               1.

               Recalls that, under Article 185 of the Financial Regulation, Parliament shall give discharge for the implementation of the budgets of the bodies set up by the Communities and having legal personality which actually receive grants charged to the budget; points out, however, that not all of these bodies are fully, or even partially, funded via grants charged to the budget; emphasises that the discharge decision therefore covers both the budget and the non-budget funding of these bodies; considers it unacceptable that some of the bodies set up by the Union are accountable for the expenditure of income received from sources other than the budget whilst others, which do not receive a subsidy from the budget, are not; affirms the principle that all Community agencies, whether or not they are subsidised, are subject to discharge by Parliament, even when another discharge authority intervenes in accordance with their basic texts; takes the view that there is a need to review all texts that go against this principle;

               2.

               Finds table 1 of the Court of Auditors' report, introduced for the first time during the 2003 discharge exercise, which summarises the Agency's powers and responsibilities, governance, resources, activities and services provided, of great value; notes that the information contained in table 1 is supplied by the Agency; asks the Court of Auditors to verify the contents of table 1;

               3.

               Insists that as well as spending money properly, agencies should also strive to spend money as efficiently and effectively as possible; invites the Court of Auditors to consider the possibility of extending its specific annual reports on the agencies to include an examination of performance and achievement of objectives; in this context and in line with its resolutions on the 2003 discharge, insists that the following aspects be taken into account: that duplication of work among the agencies must be avoided as much as possible and that measures designed to improve transparency and communication with the public must be clarified, along with Community affirmative action measures at all levels of recruitment, training and the assignment of responsibilities;

               4.

               Notes that Community agencies do not always have a good image or good press and that many of them do not deserve such a negative image; points out that EU citizens should be made aware of this, with appropriate means being used to explain as often as is necessary the raisons d'être and achievements of the agencies; calls on the Commission to act accordingly, using whatever means it considers necessary;

               5.

               Notes that the enlargement of the European Union in 2004 has affected the structures and operating arrangements of the Community agencies in many ways, and that several of the agencies draw attention to these effects in their activity reports, focusing in particular on the increase in the number of administrators; calls on the Commission to assess the real or supposed problems encountered and to recommend the regulatory changes required;

               6.

               Notes that the Commission has made a commitment to harmonising the way in which activity reports concerning its directorates-general are presented; calls for a similar approach to be taken in respect of the activity reports of the Communities' agencies, which differ significantly in terms of content; calls on the Commission to point out to the Communities' agencies the information and activity indicators that they must provide;

               7.

               Welcomes the fact that the Court of Auditors found the Agency's accounts for 2004 to be reliable and the underlying transactions, taken as a whole, to be legal and regular;

               8.

               Stress that the Agency must make a clear distinction between commitment and payment appropriations in its budget; is pleased to note that the Agency is in contact with the Commission with a view to drawing up appropriate presentation models for its budget data, and expects future budgets to be presented in the appropriate form;

               9.

               Notes the low level of implementation of the 2004 budget and the high level of carry-overs; notes the Agency's explanation that this was due to late launching of calls for tender due to a lack of operational managerial staff; hopes that staffing problems have been resolved;

               10.

               Notes the Court of Auditors' finding of a number of failures in the internal control system; is pleased to note the steps taken by the Agency to strengthen its internal control system and to avoid such problems in the future;

               11.

               Regrets the little use made of appropriations for maritime anti-pollution measures, namely that only EUR 200 000 of the EUR 700 000 available in both commitment and payment appropriations was used, representing a rate of 28 %; recalls that anti-pollution measures are a key aspect of the Agency's activities and insists that funds made available be effectively deployed in the future;

               12.

               Notes that the Community subsidy for the Agency rose from EUR 2 630 000 in 2003 to EUR 12 800 000 in 2004 and that in 2004 the Agency implemented less then 60 % of such subsidy in expenditure;

               13.

               Calls on the Commission to help the agencies follow as closely as possible the work plan agreed for the year ahead, allowing activities to be properly planned and implemented, and particularly to avoid major, last-minute changes to the work load;

               14.

               Asks the Commission to improve synergies between agencies by making cooperation more effective, avoiding duplication of work and addressing shortcomings, in particular as regards common areas such as training, the implementation of Community policies across the board, the use of the latest management systems and solving problems relating to sound management of the budget.

      (1)  OJ C 269, 28.10.2005, p. 9.

      (2)  OJ C 332, 28.12.2005, p. 30.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation (EC) No 724/2004 (OJ L 129, 29.4.2004, p. 1).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).


title: Decision (EU) 2016/1975 of the European Central Bank of 8 November 2016 on the sub-delegation of the powers to grant a provisional accreditation (ECB/2016/39)

text:
               11.11.2016

               EN

               Official Journal of the European Union

               L 304/9

         DECISION (EU) 2016/1975 OF THE EUROPEAN CENTRAL BANK
   of 8 November 2016
   on the sub-delegation of the powers to grant a provisional accreditation (ECB/2016/39)
   THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128 thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 16 thereof,
   Having regard to Decision ECB/2013/54 of 20 December 2013 on the accreditation procedures for manufacturers of euro secure items and euro items and amending Decision ECB/2008/3 (1), and in particular Article 3(2) thereof,
   Whereas:

               (1)

               The Executive Board is competent to take all decisions relating to a manufacturer's accreditation under Articles 6, 16 to 18 and 20 of Decision ECB/2013/54 and to sub-delegate the powers to grant a provisional accreditation under Article 6 of that Decision to one or more of its members.

               (2)

               To further streamline the accreditation procedure, the powers to grant a provisional accreditation should be sub-delegated to the member of the Executive Board to whom the Directorate Banknotes reports.

               (3)

               To safeguard the Executive Board's collective responsibility, the member of the Executive Board to whom the sub-delegation is granted should provide an annual report on accreditation decisions to the Executive Board unless no accreditations have been granted.

               (4)

               Decision ECB/2012/15 (2) refers to competences attributed to the Executive Board in accordance with Article 2(3) of Decision ECB/2011/8 (3) and with Article 2(4) of Decision ECB/2010/22 (4). Both Decision ECB/2011/8 and Decision ECB/2010/22 were repealed by Decision ECB/2013/54. In the interests of clarity, Decision ECB/2012/15 should also be repealed.

               (5)

               Given the need to organise the accreditation procedure efficiently and in view of pending urgent requests for accreditation, the sub-delegation should be effected as soon as possible and enter into force on the day after its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   Sub-delegation of powers
   The Executive Board sub-delegates the powers to grant a provisional accreditation under Article 6 of Decision ECB/2013/54 to the member of the Executive Board to whom the Directorate Banknotes reports.
   Article 2
   Reporting obligation
   The member of the Executive Board to whom the Directorate Banknotes reports shall submit an annual report to the Executive Board on the accreditations granted pursuant to Article 1, unless no accreditations have been granted.
   Article 3
   Repeal
   Decision ECB/2012/15 is repealed.
   Article 4
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 8 November 2016.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 57, 27.2.2014, p. 29.

      (2)  Decision ECB/2012/15 of 17 July 2012 on the sub-delegation of powers to grant, renew or extend accreditations (OJ L 209, 4.8.2012, p. 17).

      (3)  Decision ECB/2011/8 of 21 June 2011 on the environmental and health and safety accreditation procedures for the production of euro banknotes (OJ L 176, 5.7.2011, p. 52).

      (4)  Decision ECB/2010/22 of 25 November 2010 on the quality accreditation procedure for manufacturers of euro banknotes (OJ L 330, 15.12.2010, p. 14).


Avis juridique important

|

31980D0595

80/595/EEC: Council Decision of 28 May 1980 appointing a full member of the Advisory Committee on Social Security for Migrant Workers

Official Journal L 155 , 23/06/1980 P. 0021

++++COUNCIL DECISION  OF 28 MAY 1980  APPOINTING A FULL MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS   ( 80/595/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( 1 ) , AND IN PARTICULAR ARTICLE 82 THEREOF ,  HAVING REGARD TO THE COUNCIL DECISION OF 15 OCTOBER 1979 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE PERIOD ENDING 14 OCTOBER 1981 ,  WHEREAS ONE SEAT AS FULL MEMBER OF THE AFORESAID COMMITTEE IN THE EMPLOYER'S REPRESENTATIVES CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR COBB , NOTIFIED TO THE COUNCIL ON 7 MAY 1980 ;  HAVING REGARD TO THE NOMINATIONS SUBMITTED ON 7 MAY 1980 ,  HAS DECIDED AS FOLLOWS :  SOLE ARTICLE  DR C . A . JAMES IS HEREBY APPOINTED A FULL MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS IN PLACE OF MR COBB FOR THE REMAINDER OF THIS TERM OF OFFICE , WHICH RUNS UNTIL 14 OCTOBER 1981 .  DONE AT BRUSSELS , 28 MAY 1980 .  FOR THE COUNCIL  THE PRESIDENT  G . MARCORA  ( 1 ) OJ NO L 149 , 5 . 7 . 1971 , P . 2 .


title: 79/312/Euratom: Council Decision of 19 March 1979 appointing a member of the Advisory Committee of the Euratom Supply Agency

text:
No L 73/ 22                       Official Journal of the European Communities                         24. 3 . 79
                                                               II
                                       (Acts whose publication is not obligatory)
                                                      COUNCIL
                                                   COUNCIL DECISION
                                                      of 19 March 1979
            appointing a member of the Advisory Committee of the Euratom Supply
                                                            Agency
                                                       (79/312/ Euratom)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Statutes of the Euratom Supply Agency ('), as amended by Decision
            73/45/ Euratom (2 ), and in particular Article X thereof,
            Having regard to the Council Decision of 29 March 1977 replacing, for the period ending
            28 March 1 979, the members of the Advisory Committee of the Euratom Supply Agency,
            Having regard to the opinion of the Commission,
            Whereas a seat has become vacant on the abovementioned committee following the resig
            nation of Miss B. McLean , of which the Council was informed on 12 January 1979 ;
            Considering the nomination submitted by the Government of the United Kingdom of
            Great Britain and Northern Ireland on 12 January 1979,
            HAS DECIDED AS FOLLOWS :
                                                          Sole Article
            Mr G. Wynn is hereby appointed a member of the Advisory Committee of the Euratom
            Supply Agency in place of Miss B. McLean for the remainder of the latter's term of office,
            which runs until 28 March 1979 .
            Done at Brussels, 19 March 1979 .
                                                                          For the Council
                                                                           The President
                                                                            R. MONORY
            (■) OJ No 27, 6 . 12. 1958 , p. 534/ 58 .
             2) OJ No L 83 , 30 . 3 . 1973 , p . 20 .


title: Council Decision (CFSP) 2017/347 of 27 February 2017 extending the mandate of the European Union Special Representative in Bosnia and Herzegovina

text:
               28.2.2017

               EN

               Official Journal of the European Union

               L 50/70

         COUNCIL DECISION (CFSP) 2017/347
   of 27 February 2017
   extending the mandate of the European Union Special Representative in Bosnia and Herzegovina
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 19 January 2015, the Council adopted Decision (CFSP) 2015/77 (1), appointing Mr Lars-Gunnar WIGEMARK as the European Union Special Representative (EUSR) in Bosnia and Herzegovina (BiH). The EUSR's mandate is to expire on 28 February 2017.

               (2)

               The EUSR's mandate should be extended for a further period of 16 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 Mr Lars-Gunnar WIGEMARK as the EUSR in Bosnia and Herzegovina (BiH) is extended until 30 June 2018. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   1.   The mandate of the EUSR shall be based on the following policy objectives of the Union in BiH:

               (a)

               continuing progress in the Stabilisation and Association Process;

               (b)

               a stable, viable, peaceful, multi-ethnic and united BiH that cooperates peacefully with its neighbours; and

               (c)

               ensuring that BiH is irreversibly on track towards membership of the Union.

         2.   The Union will also continue to support the implementation of the General Framework Agreement for Peace (GFAP) in BiH.
   Article 3
   Mandate
   In order to achieve the policy objectives, the EUSR's mandate shall be to:

               (a)

               offer the Union's advice and facilitate the political process, in particular with the promotion of dialogue between the different levels of government;

               (b)

               ensure consistency and coherence of Union action;

               (c)

               facilitate progress on political, economic and European priorities, in particular by encouraging the implementation of the coordination mechanism on EU matters and the continued implementation of the Reform Agenda;

               (d)

               monitor and advise the executive and legislative authorities at all levels of government in BiH, and liaise with the authorities and political parties in BiH;

               (e)

               ensure the implementation of the Union's efforts in the entire range of activities in the fields of the rule of law and security-sector reform, promote overall Union coordination of, and give local political direction to, Union efforts in tackling organised crime and corruption, as well as in terrorism, and, in that context, provide the HR and the Commission with assessments and advice as necessary;

               (f)

               provide support for a reinforced and more effective interface between criminal justice and the police in BiH, as well as for initiatives which aim to strengthen the efficiency and impartiality of the judicial institutions, in particular the Structured Dialogue on Justice;

               (g)

               without prejudice to the military chain of command, offer the EU Force Commander political guidance on military issues with a local political dimension, in particular concerning sensitive operations, and on relations with local authorities and the local media and contribute to the consultations on the Strategic Review of EUFOR/ALTHEA; consult with the EU Force Commander before taking political action that may have an impact on the security situation and coordinate regarding coherent messages to local authorities and other international organisations;

               (h)

               coordinate and implement the Union's communication efforts on EU issues towards the public in BiH;

               (i)

               promote the process of EU integration through targeted public diplomacy and EU outreach activities designed to ensure a broader understanding and support among the BiH public on EU-related matters, including by means of engagement of local civil society actors;

               (j)

               contribute to the development and consolidation of respect for human rights and fundamental freedoms in BiH, in accordance with the EU human rights policy and EU guidelines on human rights;

               (k)

               engage with relevant BiH authorities with regard to their full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY);

               (l)

               in line with the EU integration process, advise, assist, facilitate and monitor political dialogue on the necessary constitutional and relevant legislative changes;

               (m)

               maintain close contacts and close consultations with the High Representative in BiH and other relevant international organisations working in the country; in that context, inform the Council about discussions on the ground regarding the international presence in the country, including the Office of the High Representative;

               (n)

               provide advice to the HR, as necessary, concerning natural or legal persons on whom restrictive measures could be imposed in view of the situation in BiH;

               (o)

               without prejudice to the applicable chains of command, help to ensure that all Union instruments in the field are applied coherently to attain the Union's policy objectives.

         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 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 European External Action Service (EEAS) and its relevant departments.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the EUSR's mandate for the period from 1 March 2017 to 30 June 2018 shall be EUR 7 690 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union. The participation of natural and legal persons in the award of procurement contracts by the EUSR shall be open without limitations. Furthermore, no rule of origin for the goods purchased by the EUSR shall apply.
   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.   A dedicated staff shall be assigned to assist the EUSR in implementing the mandate and in contributing to the coherence, visibility and effectiveness of Union action in BiH overall. 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 sending Member State, the sending institution of the Union or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or to the EEAS may also be posted to work with 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, respectively, and shall carry out their duties and act in the interest of the EUSR's mandate.
   Article 7
   Privileges and immunities of the EUSR and of the EUSR's staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the EUSR's mission and the members of the EUSR's staff shall be agreed with the host parties, 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 2013/488/EU (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 delegation 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 EUSR's mandate and on the basis of the security situation in the area of responsibility, for the security of all personnel under the EUSR's direct authority, in particular by:

               (a)

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

               (c)

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

               (d)

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

         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 reports shall be circulated through the COREU network. 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 other EUSRs active in the region, as appropriate. The EUSR shall provide regular briefings to Member States' missions and Union delegations.
   2.   In the field, close liaison shall be maintained with the Heads of Member States' Missions and Heads of Union delegations in the region. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with international and regional actors in the field, and in particular maintain close coordination with the High Representative in BiH.
   3.   In support of Union crisis-management operations, the EUSR, together with other Union actors present in the field, shall improve the dissemination and sharing of information by those Union actors with a view to achieving a high degree of common situation awareness and assessment.
   Article 13
   Assistance in relation to claims
   The EUSR and the EUSR's staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs in BiH, and shall provide administrative assistance and access to relevant files for such purposes.
   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 HR and the Commission with a progress report by 30 September 2017 and a comprehensive mandate implementation report by 31 March 2018.
   Article 15
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 27 February 2017.

            For the Council

            The President

         K. MIZZI

      (1)  Council Decision (CFSP) 2015/77 of 19 January 2015 appointing the European Union Special Representative in Bosnia and Herzegovina (OJ L 13, 20.1.2015, p. 7).

      (2)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


Avis juridique important

|

31984D0465

84/465/EEC: Commission Decision of 26 September 1984 accepting undertakings given in connection with the anti-dumping proceeding concerning imports of asbestos-cement corrugated sheets originating in Czechoslovakia and the German Democratic Republic and terminating that proceeding

Official Journal L 259 , 28/09/1984 P. 0048 - 0051

*****COMMISSION  DECISION  of 26 September 1984  accepting undertakings given in connection with the anti-dumping proceeding concerning imports of asbestos-cement corrugated sheets originating in Czechoslovakia and the German Democratic Republic and terminating that proceeding  (84/465/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  After consultation within the Advisory Committee as provided for under the abovementioned Regulation,  Whereas:  A. Procedure  (1) In January 1984 the Commission received a complaint lodged by the 'Union professionnelle des usines belges d'asbeste ciment' on behalf of producers representing the majority of Community production of asbestos-cement corrugated sheets. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of asbestos-cement corrugated sheets falling within subheading ex 68.12 A of the Common Customs Tariff, corresponding to NIMEXE code ex 68.12-11, originating in Czechoslovakia and the German Democratic Republic and commenced an investigation.  (2) The Commission officially so advised the exporters and importers known to be concerned and the representatives of the exporting countries and the complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (3) The known exporter and importers of the product concerned originating in Czechoslovakia requested and were granted a hearing.  (4) The exporter and importers of the product concerned originating in Czechoslovakia requested and were granted the opportunity to meet the complainants for the purpose of presenting their opposing views.  (5) The Commission sought and verified all information it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following:  (i) EEC producers  (a) Belgium  - Eternit NV, Kapelle-op-den-Bos,  - S. A. Fabrecim, Harmignies,  - J. M. Balmatt NV, Mol,  - NV Scheerders van Kerhove's Ver. Fabrieken, St. Niklaas;  (b) The Netherlands  - Eternit BV, Amsterdam;  (c) France  - Eternit Industries SA, Vernouillet,  - Everitube SA, Paris;  (d) Federal Republic of Germany  Eternit AG, Berlin;  (ii) Producer in Finland  (for the purpose of determining the normal value):  Oy Partek AB, Muijala;  (iii) Importers  (a) Belgium  Ets. D. Van Riet, Temse, for the product originating in the German Democratic Republic;  (b) The Netherlands  - A. de Boo Delft BV, Delft (assisted by a representative of P. N. M. Hooge-Chemicaliën BV, Vught, acting as the agent of the exporter of the German Democratic Republic),  - Austria BV, Lisse, for the product originating in Czechoslovakia.  (6) The investigation of dumping covered the period 1 January to 31 December 1983.  B. Normal value  (7) In order to establish whether the imports from Czechoslovakia and the German Democratic Republic were dumped, the Commission had to take account of the fact that these countries do not have market economies. The Commission therefore based its determination of the normal value in a market-economy country.  (8) In this connection, the complainants had suggested the Finnish market. However, most of the exporters and importers contested the use of Finnish domestic prices, mainly because these parties considered that these prices do not result from a normal supply and demand situation. Therefore, it was suggested by these parties to use Spanish prices for sales on the domestic market or for export to the EEC.  (9) Although the arguments presented by the exporters and importers were not considered by the Commission to constitute by themselves sufficient reasons for rejecting Finland as the market-economy third country for the determination of the normal value, the Commission, nevertheless, examined the possibility of establishing normal value on the basis of the prices of the Spanish product. However, the Commission was informed that its representatives could not be received at the premises of the individual producers in Spain, but that an investigation could take place at the office of the Spanish association of asbestos-cement producers. This proposal was not considered acceptable by the Commission, since there were not sufficient guarantees offered that would enable the Commission's representatives to carry out a thorough investigation covering all information necessary to determine the normal value in accordance with the provisions of Article 3 of Council Regulation (EEC) No 2176/84, particularly concerning the profitability relating to the sales made by each of the Spanish producers of the product concerned.  (10) Taking into account the fact that no other alternatives had been put forward by the interested parties, except for Austria, with regard to which no evidence or arguments had been submitted, and in order to avoid further delays at this stage of the proceeding, it was provisionally decided that the constructed value calculated for the manufacturer of the product concerned in Finland is to be considered as the most appropriate and reasonable basis for the determination of the normal value, since by taking the constructed value as the basis for this calculation, the main objection raised by the exporters and importers (see point 8) does not apply. The constructed value was computed by taking the company's total cost of materials and manufacture, including overheads and a modest profit margin, considered reasonable in this case.  C. Export price  (11) Export prices were determined on the basis of the prices actually paid for the product sold for export to the Community.  D. Comparison  (12) In comparing normal value with export prices, the Commission took account, where appropriate, of differences affecting price comparability. This was the case for differences in conditions and terms of sale in so far as a direct relationship could be satisfactorily demonstrated. These differences concerned in particular credit terms, transport, insurance, handling, loading and ancillary costs. All comparisons were made at ex-works level.  E. Margins  (13) The above preliminary examination of the facts shows the existence of dumping in respect of all the exporters concerned, the margin of dumping being equal to the amount by which the normal value as established exceeds the prices for export to the Community.  (14) These margins vary according to the exporter concerned and the importing Member State, the weighted average dumping margin with regard to each of the exporting countries being as follows:  - Czechoslovakia: 82 %  - the German Democratic Republic: 77 %  F. Injury  (15) With regard to the injury caused by the dumped imports the evidence available to the Commission shows that imports into the Community from Czechoslovakia and the German Democratic Republic of asbestos-cement corrugated sheets increased from 26 780 tonnes in 1980 to 30 947 tonnes in 1983, which represents an increase of 15,5 %. In the Benelux countries these imports increased from 9 188 tonnes in 1980 to 21 161 tonnes in 1983, which represents an increase of 130 %.  (16) With regard to the combined market share held by the dumped imports the evidence available to the Commission shows that it increased from 1,4 % in 1980 to 2,3 % in 1983 in the Community, which represents an increase of 64 %. Furthermore, in the Benelux countries, where these imports were concentrated, this market share increased from 5,8 to 20,4 % between 1980 and 1983, which represents an increase of 250 %.  (17) The resale prices of these imports undercut the prices of the Community producers concerned in this proceeding during the investigation period by 15 %.  (18) These imports have been a main cause of the increasing difficulties encountered in a declining market by the Community producers concerned in this proceeding. As such, these dumped imports contributed to the reduction of their production, which dropped by 21,4 % between 1980 and 1983, to the reduction of their capacity utilization, which dropped from 72 % in 1980 to 64 % in 1983 despite the lowering of their capacity by 12 % during the same period, and to the reduction of their sales, which dropped by 15,5 % between 1980 and 1983.  (19) With regard to the development of the profitability of the Community producers concerned in this proceeding, it has been established that between 1980 and 1983 profits either dropped significantly or considerable losses were made.  (20) Between 1980 and 1983 the number of employees of these Community producers was significantly reduced.  (21) It has been argued by some exporters and importers that injury has been caused not by the dumped imports, but by sales of the product concerned originating in Italy. Although it appears on the basis of the evidence available to the Commission that sales of the product concerned originating in Italy increased significantly between 1980 and 1983, the prices at which this product was sold were, on average, 15 % above the prices of the dumped products. The substantial increase of the dumped products, particularly in the Benelux countries, and the prices at which they are offered for sale in these Member States, led the Commission to determine that the effects of the dumped imports of asbestos-cement corrugated sheets originating both in Czechoslovakia and in the German Democratic Republic taken in isolation, have to be considered as constituting material injury to the Community producers concerned in this proceeding.  G. Community interest  (22) In view of the particularly serious difficulties facing the Community producers concerned in this proceeding and particularly the negative development of their profitability, the Commission has come to the conclusion that it is in the Community's interest that action be taken.  H. Undertakings  (23) The exporters concerned were informed of the main findings of the preliminary investigation and commented on them. Undertakings were subsequently offered by the exporters established in Czechoslovakia and the German Democratic Republic concerning their exports of asbestos-cement corrugated sheets to the Community. (24) The effect of the said undertakings will be to increase their export prices to the Community to the level which the Commission, having taken into account, on the one hand, the selling price necessary to provide an adequate return to Community producers and, on the other hand, the purchase price of the Community importers and their costs and profit margin, considered necessary to eliminate injury. These increases in no case exceed the dumping margins found in the investigation.  (25) In these circumstances, the undertakings offered are considered acceptable and the proceeding may, therefore, be terminated without imposition of anti-dumping duties.  (26) No objection to this course was raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings given by the following companies:  - Czechoslovak Ceramics Foreign Trade Corporation, Prague (Czechoslovakia),  - Limex GmbH, Bau-Export-Import, Berlin (German Democratic Republic),  in connection with the anti-dumping proceeding concerning imports of asbestos-cement corrugated sheets falling within subheading ex 68.12 A of the Common Customs Tariff, corresponding to NIMEXE code ex 68.12-11, originating in Czechoslovakia and the German Democratic Republic, are hereby accepted.  Article 2  The anti-dumping proceeding referred to in Article 1 is hereby terminated.  Done at Brussels, 26 September 1984.  For the Commission  Étienne DAVIGNON  Vice-President  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No C 55, 28. 2. 1984, p. 4.


title: 2011/578/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2009#Resolution of the European Parliament of 10 May 2011 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/155

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2009
   (2011/578/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Environment Agency for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Environment Agency for the financial year 2009, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (3), and in particular Article 13 thereof,

               —

               having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0122/2011),

               1.

               Grants the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 58.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 120, 11.5.1990, p. 1.

      (4)  OJ L 126, 21.5.2009, p. 13.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2011
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2009
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Environment Agency for the financial year 2009,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Environment Agency for the financial year 2009, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

                  —

                  having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (3), and in particular Article 13 thereof,

                  —

                  having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0122/2011),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas on 5 May 2010 Parliament granted the Executive Director of the European Environment Agency discharge for implementation of the Agency’s budget for the financial year 2008 (6), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              called on the Agency to continue providing on a regular basis (i.e. every 5 years) an independent external evaluation on the basis of its founding Regulation (EEC) No 1210/90 and the work programmes adopted by the Management Board,

                              —

                              noted the Court of Auditors’ observation that a tendering procedure should have been issued for the contract for refitting the premises rented by the Agency, instead of paying a firm chosen by the building’s owners,

                              —

                              acknowledged that the Agency has implemented 9 out of the 27 recommendations made by the Internal Audit Service (IAS) since 2006,

                  C.

                  whereas the budget of the Agency for 2009 was EUR 39 900 000, which is an increase of 7,1 % on the financial year 2008,

                  1.

                  Notes that the total financial resources available in 2009 for the Agency amount to EUR 39 900 000, of which EUR 34 560 000 stem from Union subsidies;

                  2.

                  Notes that the increase of EUR 2 800 000 compared to the Agency’s budget in 2008 was dedicated to develop four key areas namely climate change adaptation, ecosystem assessment, sustainable consumption and production, and disaster prevention and management as identified in the multiannual strategy for 2009-2013;

         Performance

                  3.

                  Welcomes the Agency’s initiative to continue providing on a regular basis an independent external evaluation on the basis of its founding Regulation (EEC) No 1210/90 and the work programmes adopted by the Management Board; notes in particular that the next evaluation will be undertaken in 2012-2013;

                  4.

                  Calls once more on the Agency to set out, in a table to be annexed to the Court of Auditors’ next report, a comparison of the operations that were carried out during the year for which discharge is to be granted and during the previous financial year so as to enable the discharge authority to assess more effectively the Agency’s performance from one year to the next;

                  5.

                  Calls on the Agency to deal with the four key areas as a matter of priority and to do more to advance their further development;

                  6.

                  Welcomes specifically the Agency as reliable provider of independent and assured environmental information for all Union institutions, the Member States and policy-making bodies;

                  7.

                  Encourages the Agency, once again, to continue its efforts to further develop its communication methods in order to attract more media coverage for its findings and thus feed public debate on important environmental issues, such as climate change, biodiversity and the management of natural resources; considers that such measures may lead to a more transparent working method and greater public interest in the Agency’s work;

                  8.

                  Requests the Court of Auditors to undertake performance audits on the Agency;

         Budgetary procedures

                  9.

                  Encourages the Agency to strengthen the link between the budget and the work programme; acknowledges, in fact, that the Court of Auditors reported insufficiently rigorous procedures for drawing up the budget leading to a considerable number of budgetary transfers affecting most of the budget lines (equivalent to 8 % of the Agency’s budget); notes, in particular, that some of these transfers led to successive increases and decreases in the same budget headings whereas some appropriations were not used and were transferred to other lines during the year;

                  10.

                  Is concerned about the Agency’s practice of making transfers to increase a budget line in order to pay (on 30 December 2009) the rent for the Agency’s premises for the first quarter of 2010 and charge it to the 2009 budget; stresses that this practice by the Agency is at odds with the principle of annuality and that it reduced the amount to be repaid to the Commission;

                  11.

                  Calls on the Agency to improve, by the end of the year, the accuracy of the information provided by the operational departments on the estimation of accrued operational expenditure;

         Human resources

                  12.

                  Calls on the Agency to redress its deficiencies in the recruitment procedures which put at risk the transparency of these procedures; notes, in particular, that the Court of Auditors reported the following weaknesses: the vacancy notices did not specify a maximum number of candidates to be put on the reserve lists, questions used during written tests and interviews were not decided on before the examination of the applications, the decisions of the selection boards were insufficiently documented, thresholds for being invited to interview or put on the reserve list were not set in advance, and minutes were not complete;

                  13.

                  Notes that 10 additional posts had been necessary in 2009 to reinforce capacities in the areas of ecosystem assessment, sustainable consumption and production, development of a Shared Environmental Information System as well as to establish capacities to develop new areas of work in climate change adaptation and disaster prevention and management; encourages, in this regard, further improvements in the recruitment procedure in terms of transparency, as indicated by the Court of Auditors;

         Internal audit

                  14.

                  Acknowledges from the Agency that three recommendations from the Internal Audit Service (IAS) follow up of past audit recommendations still need to be implemented; notes, in particular, that these mainly concern sensitive posts, on-the-spot controls/verifications of grants and financial circuits and are considered ‘very important’;

                  15.

                  Welcomes the fact that the Agency included in its Annual Activity Report the IAS general assessment of the Agency; considers this as a best practice to be followed by other agencies;

                  16.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (7) on the performance, financial management and control of the agencies.

         (1)  OJ C 338, 14.12.2010, p. 58.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 120, 11.5.1990, p. 1.

         (4)  OJ L 126, 21.5.2009, p. 13.

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

         (6)  OJ L 252, 25.9.2010, p. 151.

         (7)  Texts adopted, P7_TA(2011)0163 (See page 269 of this Official Journal).


title: 2011/228/EU: Council Decision of 13 December 2010 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services#Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services

text:
               9.4.2011

               EN

               Official Journal of the European Union

               L 96/1

         COUNCIL DECISION
   of 13 December 2010
   on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services
   (2011/228/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

               (2)

               On behalf of the Union, the Commission negotiated an Agreement with the Republic of Cape Verde on certain aspects of air services (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.

               (3)

               The Agreement should be signed and provisionally applied subject to its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services (the Agreement) is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose (1).
   Article 4
   The President of the Council is hereby authorised to make the notification provided for in Article 8(2) of the Agreement.
   Article 5
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 December 2010.

            For the Council

            The President

         K. PEETERS

      (1)  The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      AGREEMENT
      between the European Union and the Republic of Cape Verde on certain aspects of air services
      THE EUROPEAN UNION, hereinafter referred to as ‘the Union’
      of the one part, and
      THE REPUBLIC OF CAPE VERDE, hereinafter referred to as ‘Cape Verde’,
      of the other part,
      hereinafter referred to as ‘the Parties’,
      NOTING that bilateral air service agreements have been concluded between several Member States of the Union and Cape Verde containing provisions contrary to the law of the Union,
      NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the Union and third countries,
      NOTING that, under the law of the Union, Union air carriers established in a Member State of the Union have the right to non-discriminatory access to air routes between the Member States of the Union and third countries,
      HAVING REGARD to the agreements between the Union and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with the law of the Union,
      RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the Union and Cape Verde, which are contrary to the law of the Union, must be brought into conformity with it in order to establish a sound legal basis for air services between the Union and Cape Verde and to preserve the continuity of such air services,
      RECOGNISING that in the conclusion of any air services agreements by the Government of the Republic of Cape Verde with States that are not Member States of the Union, Cape Verde implements its own policy and rules on air carriers ownership and control,
      NOTING that under the law of the Union, Union air carriers may not, in principle, conclude agreements which may affect trade between Member States of the Union and which have as their object or effect the prevention, restriction or distortion of competition,
      RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the Union and Cape Verde which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings,
      NOTING that it is not a purpose of the Union, as part of this Agreement, to increase the total volume of air traffic between the Union and Cape Verde, to affect the balance between Union air carriers and air carriers of Cape Verde, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights.
      HAVE AGREED AS FOLLOWS:
      Article 1
      General provisions
      1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Union; ‘EU Treaties’ shall mean the Treaty on the European Union and the Treaty on the Functioning of the European Union; ‘Party’ shall mean a contracting party to this agreement; ‘air carrier’ shall also mean airline; ‘territory of the Union’ shall mean territories of the Member States to which the EU Treaties apply.
      2.   References in each of the agreements listed in Annex 1 to nationals of the Member State that is a Party to that agreement shall be understood as referring to nationals of the Member States.
      3.   References in each of the agreements listed in Annex 1 to air carriers or airlines of the Member State that is a Party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
      Article 2
      Designation, authorisation and revocation
      1.   The provisions in paragraphs 2 to 4 of this Article shall supersede the corresponding provisions in the articles listed in Annex 2(a) and (b) respectively, in relation to the designation of an air carrier, and the licences and permits granted to it.
      2.   On receipt of a designation by a Member State, Cape Verde shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

                  (a)

                  the air carrier is established, in the territory of the designating Member State, under the EU Treaties and has a valid Operating Licence in accordance with the law of the Union; and

                  (b)

                  effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and

                  (c)

                  the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex 3 and/or nationals of such other states.

            3.   Cape Verde may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

                  (a)

                  the air carrier is not established, in the territory of the designating Member State, under the EU Treaties or does not have a valid Operating Licence in accordance with the law of the Union; or

                  (b)

                  effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

                  (c)

                  the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex 3 and/or nationals of such other states.

            4.   In exercising its right under paragraph 3 of this Article, Cape Verde shall not discriminate between air carriers of Member States on the grounds of nationality.
      Article 3
      Safety
      1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex 2(c).
      2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of Cape Verde under the safety provisions of the agreement between the Member State that has designated the air carrier and Cape Verde shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
      Article 4
      Taxation of aviation fuel
      1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex 2(d).
      2.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex 2(d) shall prevent a Member State from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of Cape Verde that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
      Article 5
      Compatibility with competition rules
      1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex 1 shall (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent or distort competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
      2.   The provisions contained in the agreements listed in Annex 1 that are incompatible with paragraph 1 of this Article shall not be applied.
      Article 6
      Annexes to the Agreement
      The Annexes to this Agreement shall form an integral part thereof.
      Article 7
      Revision or amendment
      The Parties may, at any time, revise or amend this Agreement by mutual consent.
      Article 8
      Entry into force and provisional application
      1.   This Agreement shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
      2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
      3.   This Agreement shall apply to all agreements and arrangements listed in Annex 1 including those that, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally.
      Article 9
      Termination
      1.   In the event that an agreement listed in Annex 1 is terminated, all provisions of this Agreement that relate to the agreement listed in Annex 1 concerned shall terminate at the same time.
      2.   In the event that all agreements listed in Annex 1 are terminated, this Agreement shall terminate at the same time.

         IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
         Done in duplicate, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish and Swedish languages, all texts being equally authentic.
         Съставено в Брюксел на двадесет и трети март две хиляди и единадесета година.
         Hecho en Bruselas, el veintitrés de marzo de dos mil once.
         V Bruselu dne dvacátého třetího března dva tisíce jedenáct.
         Udfærdiget i Bruxelles den treogtyvende marts to tusind og elleve.
         Geschehen zu Brüssel am dreiundzwanzigsten März zweitausendelf.
         Kahe tuhande üheteistkümnenda aasta märtsikuu kahekümne kolmandal päeval Brüsselis.
         Έγινε στις Βρυξέλλες, στις είκοσι τρεις Μαρτίου δύο χιλιάδες έντεκα.
         Done at Brussels on the twenty-third day of March in the year two thousand and eleven.
         Fait à Bruxelles, le vingt-trois mars deux mille onze.
         Fatto a Bruxelles, addì ventitré marzo duemilaundici.
         Briselē, divi tūkstoši vienpadsmitā gada divdesmit trešajā martā.
         Priimta du tūkstančiai vienuoliktų metų kovo dvidešimt trečią dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-tizenegyedik év március huszonharmadik napján.
         Magħmul fi Brussell, fit-tlieta u għoxrin jum ta' Marzu tas-sena elfejn u ħdax.
         Gedaan te Brussel, de drieëntwintigste maart tweeduizend elf.
         Sporządzono w Brukseli dnia dwudziestego trzeciego marca roku dwa tysiące jedenastego.
         Feito em Bruxelas, em vinte e três de Março de dois mil e onze.
         Întocmit la Bruxelles la douăzeci și trei martie două mii unsprezece.
         V Bruseli dňa dvadsiateho tretieho marca dvetisícjedenásť.
         V Bruslju, dne triindvajsetega marca leta dva tisoč enajst.
         Tehty Brysselissä kahdentenakymmenentenäkolmantena päivänä maaliskuuta vuonna kaksituhattayksitoista.
         Som skedde i Bryssel den tjugotredje mars tjugohundraelva.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Per l'Unione europea
            Eiropas Savienības vārdā –
            Europos Sąjungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            För Europeiska unionen

            За Република Кабо Верде
            Por la República de Cabo Verde
            Za Kapverdskou republiku
            For Republikken Kap Verde
            Für die Republik Kap Verde
            Cabo Verde Vabariigi nimel
            Για τη Δημοκρατία του Πράσινου Ακρωτηρίου
            For the Republic of Cape Verde
            Pour la République du Cap-Vert
            Per la Repubblica del Capo Verde
            Kaboverdes Republikas vārdā –
            Žaliojo Kyšulio Respublikos vardu
            A Zöld-foki Köztársaság részéről
            Għar-Repubblika Tal-Kap Verde
            Voor de Republiek Kaapverdië
            W imieniu Republiki Zielonego Przylądka
            Pela República de Cabo Verde
            Pentru Republica Capului Verde
            Za Kapverdskú republiku
            Za Republiko Zelenortski otoki
            Kap Verden tasavallan puolesta
            För Republiken Kap Verde

         ANNEX 1

            LIST OF AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT

                     (a)

                     Air service agreements between Cape Verde and Member States which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

                                 —

                                 Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Cape Verde on Air Transport signed at Brussels on 22 June 1998, hereinafter referred to ‘Cape Verde — Belgium Agreement’ in Annex 2,

                                 —

                                 Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of Cape Verde signed at Berlin on 19 June 2001, hereinafter referred to ‘Cape Verde — Germany Agreement’ in Annex 2,

                                 —

                                 Agreement between the Government of the Italian Republic and the Government of the Republic of Cape Verde concerning Air Services signed at Praia on 7 July 1998, hereinafter referred to ‘Cape Verde — Italy Agreement’ in Annex 2,

                                 —

                                 Agreement between the Kingdom of the Netherlands and the Republic of Cape Verde for air services signed at The Hague on 21 December 1988, hereinafter referred to ‘Cape Verde — Netherlands Agreement’ in Annex 2,

                                 —

                                 Air Transport Agreement between the Portuguese Republic and the Republic of Cape Verde, signed at Cidade da Praia on 30 March 2004, hereinafter referred to ‘Cape Verde — Portugal Agreement’ in Annex 2,

                                 —

                                 Agreement between the Government of the Socialist Republic of Romania and the Government of the Republic of Cape Verde concerning Air Services signed at Bucharest on 31 August 1983, hereinafter referred to ‘Cape Verde — Romania Agreement’ in Annex 2,

                                 —

                                 Agreement between the Kingdom of Spain and the Republic of Cape Verde relating to Air Services signed at Madrid on 19 September 2002, hereinafter referred to ‘Cape Verde — Spain Agreement’ in Annex 2,

                                 —

                                 Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Cape Verde concerning Air Services signed at Praia on 9 January 2007, hereinafter referred to ‘Cape Verde — UK Agreement’ in Annex 2.

                     (b)

                     Air service agreements and other arrangements initialled or signed between Cape Verde and Member States which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally.

         ANNEX 2

            LIST OF ARTICLES IN THE AGREEMENTS LISTED IN ANNEX 1 AND REFERRED TO IN ARTICLES 2 TO 4 OF THIS AGREEMENT

                     (a)

                     Designation:

                                 —

                                 Article 3 of the Cape Verde — Belgium Agreement,

                                 —

                                 Article 3(4) of the Cape Verde — Germany Agreement,

                                 —

                                 Article 4 of the Cape Verde — Italy Agreement,

                                 —

                                 Article 3 of the Cape Verde — Netherlands Agreement,

                                 —

                                 Article 3 of the Cape Verde — Romania Agreement,

                                 —

                                 Article 3 of the Cape Verde — Spain Agreement.

                     (b)

                     Refusal, revocation, suspension or limitation of authorisations or permissions:

                                 —

                                 Article 5 of the Cape Verde — Belgium Agreement,

                                 —

                                 Article 3(4) and Article 4 of the Cape Verde — Germany Agreement,

                                 —

                                 Articles 4 and 5 of the Cape Verde — Italy Agreement,

                                 —

                                 Articles 3 and 4 of the Cape Verde — Netherlands Agreement,

                                 —

                                 Article 4 of the Cape Verde — Romania Agreement,

                                 —

                                 Article 4 of the Cape Verde — Spain Agreement.

                     (c)

                     Safety:

                                 —

                                 Article 12 of the Cape Verde — Germany Agreement,

                                 —

                                 Article 10 of the Cape Verde — Italy Agreement,

                                 —

                                 Article 15 of the Cape Verde — Portugal Agreement,

                                 —

                                 Article 9 of the Cape Verde — Romania Agreement,

                                 —

                                 Article 13 of the Cape Verde — Spain Agreement.

                     (d)

                     Taxation of aviation fuel:

                                 —

                                 Article 10 of the Cape Verde — Belgium Agreement,

                                 —

                                 Article 6 of the Cape Verde — Germany Agreement,

                                 —

                                 Article 6 of the Cape Verde — Italy Agreement,

                                 —

                                 Article 6 of the Cape Verde — Netherlands Agreement,

                                 —

                                 Article 11 of the Cape Verde — Romania Agreement,

                                 —

                                 Article 5 of the Cape Verde — Spain Agreement.

         ANNEX 3

            LIST OF OTHER STATES REFERRED TO IN ARTICLE 2 OF THIS AGREEMENT

                     (a)

                     The Republic of Iceland (under the Agreement on the European Economic Area).

                     (b)

                     The Principality of Liechtenstein (under the Agreement on the European Economic Area).

                     (c)

                     The Kingdom of Norway (under the Agreement on the European Economic Area).

                     (d)

                     The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).