title: Council Decision 2014/537/CFSP of 3 July 2014 on the signing and conclusion, on behalf of the European Union, of the Agreement between the European Union and the Central African Republic concerning the detailed arrangements for the transfer to the Central African Republic of persons detained by the European Union military operation (EUFOR RCA) in the course of carrying out its mandate, and concerning the guarantees applicable to such persons

text:
               23.8.2014

               EN

               Official Journal of the European Union

               L 251/1

         COUNCIL DECISION 2014/537/CFSP
   of 3 July 2014
   on the signing and conclusion, on behalf of the European Union, of the Agreement between the European Union and the Central African Republic concerning the detailed arrangements for the transfer to the Central African Republic of persons detained by the European Union military operation (EUFOR RCA) in the course of carrying out its mandate, and concerning the guarantees applicable to such persons
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 10 February 2014, the Council adopted Decision 2014/73/CFSP (1) on a Union military operation in the Central African Republic (EUFOR RCA).

               (2)

               Following the adoption, on 14 March 2014, of a Decision by the Council authorising the opening of negotiations, the High Representative, in accordance with Article 37 of the Treaty on European Union, negotiated an Agreement between the European Union and the Central African Republic concerning the detailed arrangements for the transfer to the Central African Republic of persons detained by the European Union military operation (EUFOR RCA) in the course of carrying out its mandate, and concerning the guarantees applicable to such persons (‘the Agreement’).

               (3)

               In accordance with Article 5 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision and therefore does not participate in the financing of this operation.

               (4)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Central African Republic concerning the detailed arrangements for the transfer to the Central African Republic of persons detained by the European Union military operation (EUFOR RCA) in the course of carrying out its mandate, and concerning the guarantees applicable to such persons is hereby approved on behalf of the Union.
   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 in order to bind the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 3 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  Council Decision 2014/73/CFSP of 10 February 2014 on a European Union military operation in the Central African Republic (EUFOR RCA) (OJ L 40, 11.2.2014, p. 59).


title: 2011/610/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the ARTEMIS Joint Undertaking for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/242

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the ARTEMIS Joint Undertaking for the financial year 2009
   (2011/610/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the ARTEMIS Joint Undertaking for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the Artemis Joint Undertaking for the financial year ended 31 December 2009, together with the replies of the Joint Undertaking (1),
   having regard to the Council’s recommendation of 15 February 2011 (05894/2011 — C7-0051/2011),
   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 (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘ARTEMIS Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (3), and in particular Article 11(4) 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 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0126/2011),

               1.

               Grants the Executive Director of the ARTEMIS Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’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 ARTEMIS Joint Undertaking, 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 342, 16.12.2010, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 30, 4.2.2008, p. 52.

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

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/243

         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 ARTEMIS Joint Undertaking for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the ARTEMIS Joint Undertaking for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the Artemis Joint Undertaking for the financial year ended 31 December 2009, together with the replies of the Joint Undertaking (1),
   having regard to the Council’s recommendation of 15 February 2011 (05894/2011 — C7-0051/2011),
   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 (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘ARTEMIS Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (3), and in particular Article 11(4) thereof,
   having regard to the Financial Rules of the ARTEMIS Joint Undertaking adopted by Decision of its Governing Board on 18 December 2008,
   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 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0126/2011),

               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 the ARTEMIS Joint Undertaking was set up in December 2007 to define and implement a ‘Research Agenda’ for the development of key technologies for embedded computing systems across different application areas in order to strengthen European competitiveness and sustainability, and allow the emergence of new markets and societal applications,

               C.

               whereas the Joint Undertaking is in a start-up phase and had not yet fully established its internal control and financial reporting systems by the end of 2009,

      Implementation of the budget

               1.

               Notes that the Joint Undertaking final 2009 budget included commitment appropriations of EUR 46 000 000 and payment appropriations of EUR 8 000 000; further acknowledges that the utilisation rates for commitment and payment appropriations were 81 % and 20 % respectively;

               2.

               Recognises that the Joint Undertaking is still in a start-up period and therefore understands the relatively low utilisation rate for payment appropriations;

      Members’ contribution

               3.

               Calls on the Joint Undertaking to harmonise the presentation of members’ contributions in the accounts under the guidance of the Commission;

               4.

               Calls on the Joint Undertaking to further develop provisions on membership and co-financing and, in particular, on:

                           —

                           the arrangements for the accession of new members,

                           —

                           the in-kind contributions by members,

                           —

                           the terms and conditions under which the Joint Undertaking may audit the contributions of the members,

                           —

                           the conditions under which the Governing Board may approve co-financing;

      Internal control systems

               5.

               Urges the Joint Undertaking to complete the implementation of its internal controls and financial information system; calls specifically on the Joint Undertaking to:

                           —

                           improve its documentation of IT processes and activities and the mapping of IT risks,

                           —

                           develop a business continuity plan,

                           —

                           develop a data protection policy;

               6.

               Calls on the Joint Undertaking to include in its Financial Rules a specific reference to the powers of the Internal Audit Service (IAS) as its Internal Auditor, on the basis of the provision set out in the framework Financial Regulation for Community bodies;

               7.

               Considers, in particular, that the role of the IAS as Internal Auditor should be to advise the Joint Undertaking on dealing with risks, by issuing independent opinions on the quality of management and control systems and by issuing recommendations for improving the conditions of implementation of operations and promoting sound financial management; considers it to be also essential that the Joint Undertaking submit to the discharge authority a report drawn up by its Executive Director summarising the number and the type of internal audits conducted by the Internal Auditor, the recommendations made and the actions taken regarding these recommendations;

               8.

               Is of the opinion that, in view of the size of its budget and the complexity of its tasks, the Joint Undertaking should consider establishing an audit committee, reporting directly to the Governing Board;

      Lack of host agreement

               9.

               Urges the Joint Undertaking to rapidly conclude a host agreement with Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the Joint Undertaking as provided by Article 17 of Regulation (EC) No 74/2008.

      (1)  OJ C 342, 16.12.2010, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 30, 4.2.2008, p. 52.

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


title: 2013/540/EU, Euratom: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the Executive Agency for Health and Consumers for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/108

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the Executive Agency for Health and Consumers for the financial year 2011
   (2013/540/EU, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2011 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 — C7-0224/2012) (2),

               —

               having regard to the annual accounts of the Executive Agency for Health and Consumers for the financial year 2011,

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2010 financial year (COM(2012) 585), and to the Commission staff working documents accompanying that report (SWD(2012) 340 and SWD(2012) 330),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2011 (COM(2012) 563), and to the Commission staff working document accompanying that report (SWD(2012) 283),

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Executive Agency for Health and Consumers for the financial year 2011, together with the Agency’s replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2013 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2011 (05754/2013 — C7-0039/2013),

               —

               having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 55, 145, 146 and 147 thereof,

               —

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

               —

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

               —

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

               —

               having regard to Commission Decision 2004/858/EC of 15 December 2004 setting up an executive agency, the ‘Executive Agency for the Public Health Programme’ for the management of Community action in the field of public health — pursuant to Council Regulation (EC) No 58/2003 (9),

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0116/2013),

               A.

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

               1.

               Grants the Director of the Executive Agency for Health and Consumers discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution that forms an integral part of its Decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2011, Section III — Commission and executive agencies;

               3.

               Instructs its President to forward this Decision, together with its Decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2011, Section III — Commission and the resolution that forms an integral part of those Decisions, to the Director of the Executive Agency for Health and Consumers, the Council, the Commission, the Court of Justice of the European Union and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 68, 15.3.2011.

      (2)  OJ C 348, 14.11.2012, p. 1.

      (3)  OJ C 388, 15.12.2012, p. 46.

      (4)  OJ C 348, 14.11.2012, p. 130.

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      (7)  OJ L 11, 16.1.2003, p. 1.

      (8)  OJ L 297, 22.9.2004, p. 6.

      (9)  OJ L 369, 16.12.2004, p. 73.

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


Avis juridique important

|

41996D0430

96/430/EC, ECSC, Euratom: Decision of the representatives of the governments of the member states of 8 July 1996 appointing a member of the Court of First Instance of the European Communities

Official Journal L 178 , 17/07/1996 P. 0032 - 0032

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES of 8 July 1996 appointing a member of the Court of First Instance of the European Communities (96/430/Euratom, ECSC, EC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 168a thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32d thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140a thereof,Having regard to Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities,Whereas Mr Romain Schintgen, member of the Court of First Instance of the European Communities, has been appointed, by a Decision of today's date, judge to the Court of Justice of the European Communities;Whereas, pursuant to Articles 7 and 44 of the Protocol on the Statute of the Court of Justice of the European Community and to the corresponding provisions of the Protocols on the Statutes of the Court of Justice of the European Coal and Steel Community and of the European Atomic Energy Community, a member of the Court of First Instance should be appointed for the remainder of Mr Romain Schintgen's term of office up to and including 31 August 1998,HAVE DECIDED AS FOLLOWS:Article 1 The following is hereby appointed a member of the Court of First Instance for the period up to and including 31 August 1998: Mr Marc Jaeger.Article 2 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 8 July 1996.The PresidentR. QUINN


title: Council Decision 2014/212/CFSP of 14 April 2014 amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea

text:
                  15.4.2014

                  EN

                  Official Journal of the European Union

                  L 111/79

         COUNCIL DECISION 2014/212/CFSP
         of 14 April 2014
         amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on European Union, and in particular Article 29 thereof,
         Having regard to Council Decision 2013/183/CFSP of 22 April 2013 concerning restrictive measures against the Democratic People's Republic of Korea (1), and in particular Article 19 thereof,
         Whereas:

                     (1)

                     On 22 April 2013, the Council adopted Decision 2013/183/CFSP.

                     (2)

                     In accordance with Article 22(2) of Decision 2013/183/CFSP, the Council has carried out a review of the list of persons and entities, as set out in Annexes II and III to Decision 2013/183/CFSP, to which points (b) and (c) of Article 13(1) and points (b) and (c) of Article 15(1) of that Decision apply. The Council has concluded that, with the exception of one person listed in Annex II, the persons and entities concerned should continue to be subject to the measures provided for in that Decision.

                     (3)

                     In addition, the entry concerning one entity which is listed in Annex I should be removed from Annex II.

                     (4)

                     Furthermore, Article 22 should be amended.

                     (5)

                     In addition, on 31 December 2013, the Sanctions Committee established pursuant to United Nations Security Council Resolution 1718 (2006) concerning the Democratic People's Republic of Korea, updated the list of individuals and entities subject to restrictive measures.

                     (6)

                     The lists of persons and entities set out in Annexes I and II to Decision 2013/183/CFSP should therefore be amended accordingly,

               HAS ADOPTED THIS DECISION:

            Article 1
            Decision 2013/183/CFSP is hereby amended as follows:

                        (1)

                        in Article 22, paragraph 2 is replaced by the following:

                           ‘2.   The measures referred to in points (b) and (c) of Article 13(1) and points (b) and (c) of 15(1) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 19(2), that the conditions for their application are no longer met.’.

                        (2)

                        Annexes I and II to Decision 2013/183/CFSP are amended as set out in the Annex to this Decision.

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

            Done at Luxembourg, 14 April 2014.

                  For the Council

                  The President

               C. ASHTON

            (1)  OJ L 111, 23.4.2013, p. 52.

            ANNEX

               1.
               In Annex I to Decision 2013/183/CFSP, the following heading is inserted:
               ‘List of persons referred to in Article 13(1)(a) and of persons and entities referred to in Article 15(1)(a).’.

               2.
               In Annex I to Decision 2013/183/CFSP, the subheading ‘A. List of persons referred to in Article 13(1)(a)’ is replaced by the following subheading:

                           ‘A.

                           Persons’.

               3.
               The entries for the following persons set out in Annex I to Decision 2013/183/CFSP are replaced by the entries below:

                           Name

                           Alias

                           Date of birth

                           Date of designation

                           Other information

                           ‘1.

                           Chang Myong- Chin

                           Jang Myong-Jin

                           D.O.B. 19 February 1968;
                           Alt. D.O.B. 1965 or 1966

                           22.1.2013

                           General Manager of the Sohae Satellite Launching Station and head of launch center at which the 13 April and 12 December 2012 launches took place.

                           2.

                           Ra Ky'ong-Su

                           Ra Kyung-Su

                           D.O.B. 4 June 1954;
                           Passport: 645120196

                           22.1.2013

                           Ra Ky'ong-Su is a Tanchon Commercial Bank (TCB) official. In this capacity he has facilitated transactions for TCB. Tanchon was designated by the Sanctions Committee in April 2009 as the main DPRK financial entity responsible for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons.

                           3.

                           Kim Kwang-il

                           D.O.B. 1 September 1969;
                           Passport: PS381420397

                           22.1.2013

                           Kim Kwang-il is a Tanchon Commercial Bank (TCB) official. In this capacity, he has facilitated transactions for TCB and the Korea Mining Development Trading Corporation (KOMID). Tanchon was designated by the Sanctions Committee in April 2009 as the main DPRK financial entity responsible for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons. KOMID was designated by the Sanctions Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.’

               4.
               In Annex I to Decision 2013/183/CFSP, the subheading ‘B. List of entities referred to in Article 15(1)(a)’ is replaced by the following subheading:

                           ‘B.

                           Entities’.

               5.
               The entries for the following entities set out in Annex I to Decision 2013/183/CFSP are replaced by the entries below:

                           Name

                           Alias

                           Location

                           Date of designation

                           Other information

                           ‘1.

                           Korea Ryonha Machinery Joint Venture Corporation

                           Chosun Yunha Machinery Joint Operation Company; Korea Ryenha Machinery J/V Corporation; Ryonha Machinery Joint Venture Corporation; Ryonha Machinery Corporation; Ryonha Machinery; Ryonha Machine Tool; Ryonha Machine Tool Corporation; Ryonha Machinery Corp; Ryonhwa Machinery Joint Venture Corporation; Ryonhwa Machinery JV; Huichon Ryonha Machinery General Plant; Unsan; Unsan Solid Tools; and Millim Technology Company

                           Tongan-dong, Central District, Pyongyang, DPRK; Mangungdae- gu, Pyongyang, DPRK; Mangyongdae District, Pyongyang, DPRK.
                           Email addresses: ryonha@silibank.com; sjc-117@hotmail.com; and millim@silibank.com
                           Telephone numbers: 850-2-18111; 850-2-18111-8642; and 850 2 18111-3818642
                           Facsimile number: 850-2-381-4410

                           22.1.2013

                           Korea Ryonbong General Corporation is the parent company of Korea Ryonha Machinery Joint Venture Corporation. Korea Ryonbong General Corporation was designated by the Sanctions Committee in April 2009 and is a defence conglomerate specializing in acquisition for DPRK defence industries and support to that country's military-related sales.’

               6.
               The person and entity listed below are deleted from the list set out in Annex II to Decision 2013/183/CFSP:

                           A.

                           Persons

                                       1.

                                       Chang Song-taek

                           B.

                           Entities

                                       1.

                                       Korea Complex Equipment Import Corporation


title: 2011/619/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the European Police College for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/268

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the European Police College for the financial year 2009
   (2011/619/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Police College for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Police College for the financial year 2009, together with the College’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 Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) (3), and in particular Article 16 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 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0150/2011),

               1.

               Postpones the closure of the accounts of the European Police College for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Director of the European Police College, the Council, the Commission and the Court of Auditors, and to arrange for its 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. 137.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 256, 1.10.2005, p. 63.

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

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/269

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the 2009 discharge: performance, financial management and control of EU agencies
   THE EUROPEAN PARLIAMENT,
   having regard to the report of 15 October 2008 from the Commission to the European Parliament on the follow-up to 2006 discharge decisions (COM(2008) 629) and the accompanying Commission Staff Working Document (SEC(2008) 2579),
   having regard to the Commission communication of 11 March 2008 entitled ‘European agencies — the way forward’ (COM(2008) 135),
   having regard to its resolution of 5 May 2010 on the 2008 discharge: performance, financial management and control of EU agencies (1),
   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),
   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 (3), and in particular Article 96 thereof,
   having regard to Special Report No 5/2008 of the Court of Auditors entitled ‘The European Union’s agencies: getting results’,
   having regard to the specific annual reports (4) of the Court of Auditors on the annual accounts of the decentralised agencies for the financial year 2009,
   having regard to its study entitled ‘Opportunity and feasibility of establishing common support services for EU agencies’ issued on 7 April 2009,
   having regard to its Declaration of 18 May 2010 on the Union’s efforts in combating corruption (5),
   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 (A7-0149/2011),

               A.

               whereas this resolution contains, for each body within the meaning of Article 185 of Regulation (EC, Euratom) No 1605/2002, the horizontal observations accompanying the discharge decisions in accordance with Article 96 of Regulation (EC, Euratom) No 2343/2002 and Article 3 of Annex VI to Parliament’s Rules of Procedure,

               B.

               whereas there has been an unprecedented increase in the number of agencies over recent years, and whereas this has enabled some of the Commission’s tasks to be outsourced,

               C.

               whereas, following the adoption of the abovementioned Commission communication of 11 March 2008, Parliament, the Council and the Commission relaunched the project of defining a common framework for the agencies and, in 2009, set up an Interinstitutional Working Group on Agencies,

               D.

               whereas this Interinstitutional Working Group met for the third time at political level on 10 November 2010 and whereas the points discussed were: the criteria for setting up new agencies, the choice of the agencies’ seat and seat agreement, the composition of management boards, the appointment procedures for directors, evaluation and performance, the multiannual programme, and the administrative support,

               E.

               whereas the Court of Auditors is also planning to reflect on the agencies’ performance and present a Special Report on cost benchmarking on Union agencies by the end of 2011,

               F.

               whereas Union contributions to the decentralised agencies drastically increased between 2000 and 2011,

               G.

               whereas Parliament’s Declaration of 18 May 2010 on the Union’s efforts in combating corruption calls on the Commission and the relevant Union agencies to take all necessary measures and provide sufficient resources to ensure that Union funds are not subject to corruption, and to adopt dissuasive sanctions where corruption and fraud are found,

         I.   COMMON CHALLENGES ON FINANCIAL MANAGEMENT

      Carry-over and cancellation of operational appropriations

               1.

               Notes that the Court of Auditors has again drawn attention to a large volume of carry-overs and cancellations of operational appropriations by several agencies in the financial year 2009; further notes the existence of unused budgetary lines and the high number of transfers in some of the agencies; calls on the agencies concerned to step up their efforts to improve financial and budgetary planning and programming;

               2.

               Acknowledges the problems arising from the multiannual nature of many programmes and the time-lag between the receipt of fees and the execution and consecutive payment of the corresponding tasks; nevertheless stresses that the resultant expenditure should be predictable and a solution that respects the annuality principle of the Union budget should be found;

               3.

               Points out that the high level of carry-overs and cancellations is often indicative of the inability of an agency to manage a large increase in its budget; inquires whether it would not be more responsible for budgetary authorities, in future, to take greater care in deciding on increases in an agency’s budget in the light of the time needed to carry out the new activities;

      Cash management

               4.

               Calls on the agencies to enhance their annual forecast of cash needs; notes, in fact, that agencies often record high cash holdings and, therefore, encourages them to follow the good example of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) which, for the year 2009, enhanced its forecast by submitting to the relevant Commission’s services, and then constantly updating, a supporting document which justifies its quarterly requests for payment;

      Weaknesses in procurement procedures

               5.

               Is concerned, once again, by the Court of Auditors’ findings that several agencies had deficiencies in procurement procedures;

               6.

               Calls, accordingly, on the agencies to strengthen their internal controls to make sure that contracts and procurement procedures are correctly applied; is, in fact, not ready to accept the chronic inability to put in place a control system which avoids or detects in time persistent errors undermining the legality and regularity of the agencies’ transactions;

               7.

               Urges, in this respect, the agencies to:

                           —

                           improve the transparency of estimates and responsibility of projects,

                           —

                           strengthen their procurement authorisation at the financing decision and work-programme level,

                           —

                           ensure that the disclosure of exceptions in their Annual Activity Report is made in a comprehensive manner,

                           —

                           ensure adequate follow up of potential irregularities,

                           —

                           develop and report on ex-post controls;

               8.

               Encourages, in addition, the agencies to develop, and then regularly update, a comprehensive table outlining their financial circuits and responsibilities of the financial and operational actors;

               9.

               Calls on all the agencies to make available on their website a list of all the contracts awarded over the last three years at least, and for the Commission to continue its efforts to make this information more accessible and to finally integrate it into its financial transparency system;

               10.

               Congratulates Eurojust, nevertheless, for having set up measures for estimating the market value of relevant products and services before opening their procurement procedures; considers this initiative an important practice to be followed by other agencies; welcomes, in addition, Eurojust’s Annual Procurement Plan for 2009 which greatly helped that agency’s units and services in the management of its tenders; stresses, in particular, that these initiatives enhance the authorising officer’s guidance and control;

      Grant management

               11.

               Considers it important that the agencies improve their grant management by:

                           —

                           carrying out on-the-spot checks on the grant beneficiaries,

                           —

                           promoting standard unit costs per categories instead of grants based on reimbursements of eligible costs,

                           —

                           clearly describing, communicating and monitoring the actors’ responsibilities,

                           —

                           providing an operational plan agreed by all actors;

         II.   COMMON CHALLENGES ON HUMAN RESOURCES

      Recruitment procedures

               12.

               Notes in several agencies deficiencies in staff selection procedures which put at risk the transparency of these procedures and/or infringe the principle of equal treatment in the application of the eligibility criteria; acknowledges, in particular, that the Court of Auditors repeatedly reports the following deficiencies:

                           —

                           no evidence exists whether the selection criteria and the thresholds that candidates have to meet to be invited to written tests/interviews are established before the evaluation process begins,

                           —

                           insufficient documentation of recruitment procedures,

                           —

                           unequal treatment in the recruitment procedure for internal/external candidates,

                           —

                           limited competition,

                     and considers that these deficiencies could reduce the ability of the agencies to counter possible allegations of arbitrary decisions on staff recruitment; considers, also that, to the extent that competition is limited, resulting recruitments may not represent the optimal choice and human and financial resources may be used inefficiently;

               13.

               Calls for the establishment of a system to cross-check between the agencies for instances of misconduct or mismanagement by an individual at an earlier agency-employer, when an application is made for employment by that individual at another agency;

               14.

               Calls, accordingly, on the agencies to take the necessary measures to increase the objectivity and transparency of their recruitment processes; considers, in this respect, that Frontex’s initiative to adopt implementing rules and internal guidelines for the members of its selection committees is an important practice to be followed by other agencies; welcomes, in particular, the initiative of Frontex to adopt a recruitment policy which includes concrete actions, such as:

                           —

                           respecting a deadline when nominating the selection board members,

                           —

                           prior preparation of the interview questions and content of the written test,

                           —

                           assessment of written tests anonymously,

                           —

                           model answers for interview questions and written tests,

                           —

                           minutes recording the decision for any recruitment,

                           —

                           an e-recruitment tool to facilitate the recruitment and the selection process,

                     and stresses the need to rigorously implement this policy and to prove that it delivers results;

      Execution of recruitment plans

               15.

               Notes that the agencies’ recruitment plans are often not fully executed and observes a lack of consistency between budgetary and staff forecasting which could affect the stakeholders’ view on the agencies’ use of their staff; encourages the Union institutions to further explore how recruitment procedures could be simplified; calls, accordingly, on the agencies to put further effort into the implementation and monitoring of their recruitment planning; encourages the agencies also to provide in their work programme and Annual Activity Reports additional information on the allocation and use of their human resources and a description of the impact on the available staff when setting their objectives; calls on the Commission to evaluate the required staff levels in the agencies, compare the actual staff levels at present to the budgeted forecasts, conclude whether the forecasts exceed the needs and capacities of the agencies and provide Parliament with an overview on this issue;

               16.

               Takes note of the fact that every year employees, including directors, rotate between the agencies; calls on the Commission to provide Parliament with an overview of all staff members who changed working places from one agency to another since 2008;

               17.

               Asks the Commission to provide information on the existence and application of regulations with respect to the relevant duties and obligations of officials provided for in Article 16 of the Staff Regulations of Officials of the European Union (6) (so called ‘cooling-off periods’) in all the agencies;

      Interim staff

               18.

               Calls on the agencies to ensure that sensitive tasks are not assigned to interim staff knowing that interim staff are recruited subject to the limits of the establishment plan; deplores the fact that in some cases agencies hired these staff to perform sensitive tasks or have access to sensitive information; wishes to stress the risks of potential security breaches linked to interim staff’s access to sensitive information or unawareness by them of the procedure to follow;

      Conflicts of interest

               19.

               Reminds the agencies of the importance of fully guaranteeing the independence of their staff and experts; encourages, in particular, the agencies to carefully file and assess their controls on this; stresses, in fact, that an agency’s reputation could be affected in cases where it is challenged on the ground of conflicts of interest;

               20.

               Calls on the Commission to provide Parliament with a detailed overview of the criteria applied in order to ensure the independence of recruited staff, in particular with respect to possible conflicts of interest, and to apply dissuasive sanctions where any irregularity is found;

               21.

               Calls on the Court of Auditors to undertake a comprehensive analysis of the agencies’ approach to the management of situations where there are potential conflicts of interest;

         III.   COMMON CHALLENGES ON THE INTERNAL CONTROL SYSTEM

               22.

               Encourages the agencies to further improve their internal control system to underpin their Director’s annual statement of assurance; stresses also the importance for an agency to effectively establish a risk management function for registration of risks and creation of plans for mitigating actions;

      Summaries of the internal audit reports

               23.

               Urges the Directors of each agency to fully fulfil their obligation to include in their reports summarising the Internal Audit Service (IAS) reports to the discharge authority:

                           —

                           the number and type of IAS internal audits,

                           —

                           all recommendations (including those which could possibly be refused by the agency), and

                           —

                           all actions taken on these recommendations,

                     welcomes, in this respect, Frontex’s initiative to promote a harmonised structure for addressing these summaries to the discharge authority by all agencies;

               24.

               Notes, nevertheless, that certain agencies have provided, on a voluntary basis, their IAS internal audit reports to the discharge authority; considers that this should be the normal practice and expects that all other agencies of the Union will follow this practice while acknowledging that the discharge authority will ensure the confidentiality of these reports;

      IAS’s role

               25.

               Considers the role of the IAS as Internal Auditor of the decentralised agencies as crucial; stresses, in particular, that the IAS issues independent opinions on the quality of management and control systems and delivers recommendations for improving the conditions of implementation of operations and for promoting sound financial management of the agencies;

               26.

               Calls, accordingly, on the agencies’ Management Boards to duly take into account the recommendations made by the IAS, with a view to rapidly remedying the identified failings;

               27.

               Welcomes that, in accordance with Article 86(4) of the Financial Regulation, the agencies forward a summary of the IAS findings to Parliament; reiterates that reports drafted by the IAS are internal and not public documents; notes, further, that this also applies to separate annual reports on the agencies and other bodies; welcomes any cooperation on the part of the agencies to make available those reports upon a specific and justified request by Parliament; urges the Interinstitutional Working Group on Agencies to address the flaw in the legislation concerning IAS reports on the agencies and to propose a solution;

               28.

               Strongly encourages the Court of Auditors to include a reference in its annual reports on the agencies to the conclusions of the IAS audits and an assessment of the implementation by the agencies of the IAS recommendations;

               29.

               Would also like to stress the IAS’s important role in carrying out audits on the agencies’ performance; regrets, however, that the discharge authority is not necessarily informed about the findings of these audits as a result of the flaw in the agencies’ legislation mentioned in paragraph 27;

      Role of the Internal Audit Capability (IAC)

               30.

               Urges agencies to set up an Internal Audit function to provide support and advice to agencies’ Directors on the management of the internal control, and to perform risk assessments and internal audits;

               31.

               Welcomes also the initiative of the Community Fisheries Control Agency and the European Maritime Safety Agency of having established a shared IAC; considers this shared service a best practice to be followed by other agencies;

               32.

               Welcomes and encourages, in addition, the IAS activity of chairing the Audinet network for agencies, which meets two/three times per year, with the aim of coordinating the IACs work, and exchanging experiences on audit approach, methodology and best practice;

      Pilot audit on the ethical framework

               33.

               Congratulates the European Centre for the Development of Vocational Training (Cedefop) for being the first agency that voluntarily undertook a pilot audit on the ethical framework in 2009; encourages Cedefop to share this initiative with other agencies;

         IV.   STATEMENT OF ASSURANCE AND ANNUAL ACTIVITY REPORT

      Statement of assurance

               34.

               Encourages the agencies to publish their Director’s statement of assurance on their websites and include them in an annex to their Annual Activity Reports confirming that the information contained in their Annual Activity Reports presents a true and fair view, except as otherwise specified in reservations related to defined areas, of revenue and expenditure;

               35.

               Underlines the obligation of the agencies’ Directors to declare reservations in their statements of assurance whenever major issues have been outlined by the Court of Auditors or by the IAS of the Commission i.e. critical audit recommendations for underlying weaknesses and where the materiality threshold is exceeded;

      Annual Activity Reports

               36.

               Encourages the agencies to standardise the structure of their Annual Activity Reports in accordance with the format used by the Commission’s Directorates-General (DGs) and, accordingly, by including the activities accomplished, the management challenges, the internal audit findings and the human resources improvements concerning the financial year in question; in this regard congratulates the European Environment Agency (EEA) for having already developed its own Annual Activity Report in accordance with the abovementioned structure and considers this best practice to be followed by the other agencies;

               37.

               Congratulates, in addition, the European Centre for Disease Prevention and Control and, again, the EEA for having used in their Annual Activity Reports easy-to-read tables/graphics summarising the key performance achievements; considers this as a very welcomed practice which should be followed by other agencies;

               38.

               Encourages the Court of Auditors to include a global evaluation of each Annual Activity Report in its specific annual reports on the agencies as it is already the case in its annual report on the Commission, when the Court of Auditors examines the Annual Activity Reports of the different Commission DGs;

         V.   AGENCIES’ GOVERNANCE

      The agencies’ Management Boards

               39.

               Notes that the large size of certain agencies’ Governing Boards and the high turnover of their members could lead to an ineffective decision-making body; calls, accordingly, on the Interinstitutional Working Group on Agencies to address this issue; suggests also that consideration be given to the possibility of merging Governing Boards for agencies working in related fields to reduce the amount of time spent on meetings;

               40.

               Invites, in addition, the agencies’ Directors to take steps to strengthen their Governing Board’s role by bringing strategic issues/priorities on the discussion in due time for strategic decisions to be taken;

               41.

               Calls on the agencies’ Management Boards to achieve maximum convergence between the planning of tasks and of resources (both financial and human) through the improvement of their activity-based budgeting and management (ABB/ABM);

      Commission’s role

               42.

               Expresses its satisfaction with the second successful year of operation of the European Chemicals Agency (ECHA), the Commission (DG Enterprise and Industry) having been responsible for the budgetary management of the ECHA in 2007; emphasises, in particular, that the smooth and fairly rapid establishment of the ECHA is mainly as a result of the effective support provided by its partner DG, exchanges of experience with other similar agencies and the provision of strong support by the host country; considers, accordingly, that this best practice could be followed by the Commission when ‘newcomer’ agencies open;

               43.

               Notes that the Interinstitutional Working Group on Agencies found that about 30 % of the agencies’ resources are used for administration; calls on the Commission to increase its efforts to provide all necessary administrative assistance to the relatively small agencies, in particular those that were established recently and to make sure that all agencies work efficiently;

      Disciplinary procedures

               44.

               Recalls once more that Parliament, in its 2006, 2007 and 2008 discharge resolutions, called on the agencies to consider setting up an inter-agency disciplinary board; notes that this project remains difficult to take forward, owing, in particular, to problems in finding staff with the appropriate career grade to be members of the board; none the less, calls on the agency responsible for coordinating the network of agencies to establish a network of staff at the grade required to be a member of the disciplinary board;

         VI.   PERFORMANCE

               45.

               Considers Eurojust’s initiative to include key performance indicators (KPIs) in its 2010 plans as a best practice for the other agencies; encourages, in addition, the agencies to effectively link KPIs to their objectives, budget and annual work programme; considers, in fact, that this practice will allow stakeholders to better evaluate agencies’ performance; encourages other agencies to include KPIs in their annual work programmes;

               46.

               Notes that performance and effectiveness are not measured in a standardised way; calls on the Interinstitutional Working Group on Agencies to address this issue;

               47.

               Notes that agencies that do include KPIs are mainly based on the procedural and process aspects of performance, not on actual results; encourages the agencies to formulate result-oriented KPIs and calls on the Interinstitutional Working Group on Agencies to address this issue;

      Multiannual work programme

               48.

               Urges each agency to establish a multiannual work programme, in accordance with the multiannual Union strategy in the sector it deals with; stresses the importance of the multiannual work programme in enabling an agency to better organise its activities, provide an enhanced risk-assessment of its activities, make effective organisational arrangements to implement its strategy and achieve its goals;

      Annual work programme

               49.

               Urges the agencies to improve the link between their budget and their annual work programme; acknowledges, in fact, that often the Court of Auditors reported insufficiently rigorous procedures for drawing up the budget which led to a considerable number of budgetary transfers affecting most of the budget lines;

               50.

               Welcomes the intention of Cedefop and the ECHA to make available Gantt charts for key operational activities; reminds the agencies that these charts outline, in a concise way, the amount of time spent by each staff member on a project and encourage an approach geared towards achieving results;

      Feedback procedures

               51.

               Invites the agencies to enhance their customer focus and feedback procedures and to make full use of the results of their evaluations in this regard; congratulates, in particular, the ECHA for having conducted a stakeholder survey in 2009 and for increased assistance activities for industry (as, for example, offering a phone advice service for lead-registrants, workshops, network meetings, and public consultations);

               52.

               Welcomes Eurofund’s initiative to carry out a second ex-post assessment exercise of its 2005-2008 work programme; considers this a valuable exercise also for the other agencies as a tool to tackle the agencies’ challenges;

               53.

               Finds it of the utmost importance, in addition, that the agencies further develop their performance monitoring system to ensure that the results of their performance are monitored and encourages agencies to refer to them in their yearly activities plan;

               54.

               Encourages, in addition, the agencies to provide consistent reporting on KPIs;

      Table annexed to the Court of Auditors’ report

               55.

               Congratulates the EMCDDA, the Translation Centre for the Bodies of the European Union (CDT) and the European Food Safety Authority (EFSA) for having set out, in a table annexed to the Court of Auditors’ 2009 specific annual reports, a comparison of the operations that were carried out during 2008 and 2009 so as to enable the discharge authority to assess more effectively their performance from one year to the next;

         VII.   REFLECTION ON THE AGENCIES: A COMMON APPROACH

               56.

               Welcomes the ongoing work of the Interinstitutional Working Group on Agencies which has the objective to review the role and position of decentralised agencies in the Union’s institutional landscape, the creation, structure and operation of those agencies, together with funding, budgetary, supervision and management issues; requests the Working Group to come up with an analysis and general advice regarding the effectiveness of the current agencies, and to propose plans for comprehensive efficiency improvements with regard to the type and the number of agencies;

               57.

               Recalls that the Interinstitutional Working Group on Agencies’ Common Statement issued in March 2009 launched a ‘dialogue on Regulatory Agencies with a view to assessing the existing situation, specifically the coherence, effectiveness, accountability and transparency of these Agencies’ and that the Working Group would ‘address a number of key issues put forward by the participating institutions, including the role and position of the Agencies in the EU’s institutional landscape, the creation, structure and operation of these agencies, together with funding, budgetary, supervision and management issues’;

               58.

               Notes that in the 2008 discharge resolution of 5 May 2010 Parliament stated that the Interinstitutional Working Group should ‘consider whether some agencies should work closely together or even be merged’ and that ‘the small agencies are faced with serious efficiency problems’;

               59.

               Calls for a moratorium on the creation of any further agencies at least until the questions raised by the Interinstitutional Working Group on Agencies’ Common Statement and the discharge resolution of 5 May 2010 are satisfactorily resolved;

               60.

               Believes that the creation of further agencies once these questions are resolved should be considered with the utmost caution to ensure that they are genuinely required and that they provide the best value for money in delivering an agreed policy objective;

               61.

               Re-emphasises the importance of considering a merger of some agencies so that they are able to share overhead and other costs;

               62.

               Asks that the Interinstitutional Working Group on Agencies consider grouping together some of the smaller agencies, which may not be suitable for outright merger, in the same city and indeed possibly the same building so they can benefit from common central resources to minimise the burden of overhead and other costs;

               63.

               Welcomes the Court of Auditors’ intention to publish in autumn 2011 a special report on cost benchmarking on Union agencies;

               64.

               Notes that a number of agencies evolving in common fields are performing similar activities; recalls that overlapping activities generate unnecessary additional costs;

               65.

               Recalls that the Union budget shall be based on a sound financial management requiring spending to be relevant, effective, and efficient and unnecessary expenditures to be properly addressed;

               66.

               Calls, therefore, on the Commission to carry out an evaluation of all the Union agencies aimed at detecting occurrences of overlapping activities and analysing, if overlaps are identified, the possibility of a merger between the agencies involved and to provide Parliament with a report on the issue by 31 December 2011;

         VIII.   GENERAL CONSIDERATIONS ON THE INCREASED ESTABLISHMENT OF JOINT UNDERTAKINGS (JUs)

               67.

               Draws attention to a record increase of JUs over the recent years; notes in particular that these bodies are subject to the same framework Financial Regulation as the decentralised agencies but still do not include in their financial rules a clear reference to the powers of the IAS as their Internal Auditor;

               68.

               Welcomes, nevertheless, the IAS’s intention to take this role of Internal Auditor of the JUs from the financial year 2011 onwards;

               69.

               Is furthermore of the opinion that, in view of the size of their budget and complexity of their tasks, the JUs should set up an audit committee, reporting directly to their Administrative Board;

               70.

               Instructs its President to forward this resolution to the agencies subject to this discharge procedure, the Council, the Commission and the Court of Auditors.

      (1)  OJ L 252, 25.9.2010, p. 241.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ C 338, 14.12.2010.

      (5)  Texts adopted, P7_TA(2010)0176.

      (6)  OJ L 56, 4.3.1968, p. 1.


title: Council Decision (CFSP) 2017/1426 of 4 August 2017 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/154

text:
               5.8.2017

               EN

               Official Journal of the European Union

               L 204/95

         COUNCIL DECISION (CFSP) 2017/1426
   of 4 August 2017
   updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/154
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

               (2)

               On 27 January 2017, the Council adopted Decision (CFSP) 2017/154 (2) updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’).

               (3)

               In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to review at regular intervals the names of persons, groups and entities in the list to ensure that there are grounds for keeping them thereon.

               (4)

               This Decision sets out the result of the review that the Council has carried out in respect of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

               (5)

               The Council has verified that competent authorities as referred to in Article 1(4) of Common Position 2001/931/CFSP have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP. The Council has also concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for therein.

               (6)

               The list should be updated accordingly and Decision (CFSP) 2017/154 should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply is set out in the Annex to this Decision.
   Article 2
   Decision (CFSP) 2017/154 is repealed.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 4 August 2017.

            For the Council

            The President

         M. MAASIKAS

      (1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

      (2)  Council Decision (CFSP) 2017/154 of 27 January 2017 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2016/1136 (OJ L 23, 28.1.2017, p. 21).

      ANNEX
      List of persons, groups and entities referred to in Article 1
      I.   PERSONS

                  1.

                  ABDOLLAHI Hamed (a.k.a Mustafa Abdullahi), born August 11, 1960 in Iran. Passport: D9004878.

                  2.

                  AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia.

                  3.

                  AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia.

                  4.

                  ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born March 6 or 15, 1955 in Iran. Iranian and US national. Passport: C2002515 (Iran); Passport: 477845448 (USA). National ID no.: 07442833, expiry date 15 March 2016 (USA driving licence).

                  5.

                  BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands).

                  6.

                  EL HAJJ, Hassan Hassan, born 22.3.1988 in Zaghdraiya, Sidon, Lebanon, Canadian citizen. Passport number: JX446643 (Canada).

                  7.

                  IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), born 1963 in Lebanon, citizen of Lebanon.

                  8.

                  MELIAD, Farah, born 5.11.1980 in Sydney (Australia), Australian citizen. Passport number: M2719127 (Australia).

                  9.

                  MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555.

                  10.

                  ȘANLI, Dalokay (a.k.a Sinan), born 13.10.1976 in Pülümür (Turkey).

                  11.

                  SHAHLAI Abdul Reza (a.k.a Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran.

                  12.

                  SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran.

                  13.

                  SOLEIMANI Qasem (a.k.a Ghasem Soleymani, a.k.a Qasmi Sulayman, a.k.a Qasem Soleymani, a.k.a Qasem Solaimani, a.k.a Qasem Salimani, a.k.a Qasem Solemani, a.k.a Qasem Sulaimani, a.k.a Qasem Sulemani), born March 11, 1957 in Iran. Iranian national. Passport: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

            II.   GROUPS AND ENTITIES

                  1.

                  ‘Abu Nidal Organisation’ — ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’).

                  2.

                  ‘Al-Aqsa Martyrs' Brigade’.

                  3.

                  ‘Al-Aqsa e.V.’.

                  4.

                  ‘Babbar Khalsa’.

                  5.

                  ‘Communist Party of the Philippines’, including ‘New People's Army’ — ‘NPA’, Philippines.

                  6.

                  ‘Gama'a al-Islamiyya’ (a.k.a. ‘Al-Gama'a al-Islamiyya’) (‘Islamic Group’ — ‘IG’).

                  7.

                  ‘İslami Büyük Doğu Akıncılar Cephesi’ — ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’).

                  8.

                  ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’.

                  9.

                  ‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu'llah Military Wing’ a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)).

                  10.

                  ‘Hizbul Mujahideen’ — ‘HM’.

                  11.

                  ‘Khalistan Zindabad Force’ — ‘KZF’.

                  12.

                  ‘Kurdistan Workers' Party’ — ‘PKK’, (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’).

                  13.

                  ‘Liberation Tigers of Tamil Eelam’ — ‘LTTE’.

                  14.

                  ‘Ejército de Liberación Nacional’ (‘National Liberation Army’).

                  15.

                  ‘Palestinian Islamic Jihad’ — ‘PIJ’.

                  16.

                  ‘Popular Front for the Liberation of Palestine’ — ‘PFLP’.

                  17.

                  ‘Popular Front for the Liberation of Palestine — General Command’ (a.k.a. ‘PFLP — General Command’).

                  18.

                  ‘Fuerzas armadas revolucionarias de Colombia’ — ‘FARC’ (‘Revolutionary Armed Forces of Colombia’).

                  19.

                  ‘Devrimci Halk Kurtuluș Partisi-Cephesi’ — ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People's Liberation Army/Front/Party’).

                  20.

                  ‘Sendero Luminoso’ — ‘SL’ (‘Shining Path’).

                  21.

                  ‘Teyrbazen Azadiya Kurdistan’ — ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’).


title: 2009/328/EC: Decision of the European Central Bank of 19 March 2009 amending Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (ECB/2009/5)

text:
               18.4.2009

               EN

               Official Journal of the European Union

               L 100/10

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 19 March 2009
   amending Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank
   (ECB/2009/5)
   (2009/328/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the Statute of the ESCB), and in particular Article 10.2 and Article 12.3 thereof,
   Whereas:

               (1)

               Upon adoption of the euro by Slovakia the number of members of the Governing Council of the European Central Bank (ECB) exceeds 21. Article 10.2 of the Statute of the ESCB provides that as from the date on which the number of members of the Governing Council exceeds 21, each member of the Executive Board will have one vote and the number of governors with a voting right will be 15. It also specifies the rules on the rotation of the voting rights. Under the sixth indent of Article 10.2, the Governing Council, acting by a two-thirds majority of all its members, may decide to postpone the start of the rotation system until the date on which the number of governors exceeds 18. In December 2008 the Governing Council decided to postpone the start of the rotation system until such a date (1).

               (2)

               Under the sixth indent of Article 10.2 of the Statute of the ESCB, the Governing Council, acting by a two-thirds majority of all its members, has to take all measures necessary for the implementation of the rotation system. These measures cover: (i) the rotation rate: the number of governors losing or gaining voting rights at the same time; (ii) the rotation period: the length of the period during which the composition of voting governors does not change; (iii) how governors will be ordered within their groups; and (iv) the transition from a two to a three-group system. The Governing Council has decided to take such measures, which require amendment of Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (2), to be applied as from the date on which the number of governors exceeds 18.

               (3)

               The implementation of the rotation system respects the principles of equal treatment of governors, transparency and simplicity,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Amendments to the Rules of Procedure of the European Central Bank
   Decision ECB/2004/2 is amended as follows:

               1.

               The following Article 3a is inserted:
               ‘Article 3a
               Rotation system
               1.   Governors shall be allocated to groups as set out in the first and second indents of Article 10.2 of the Statute.
               2.   Governors shall be ordered in each group, following EU convention, in accordance with a list of their national central banks which follows the alphabetical order of the names of the Member States in the national languages. The rotation of voting rights within each group shall follow this order. The rotation shall start at a random point in the list.
               3.   The voting rights within each group shall rotate every month, starting on the first day of the first month of the implementation of the rotation system.
               4.   For the first group, the number of voting rights that rotate in each one month period shall be one; for the second and third groups, the number of voting rights that rotate in each one month period shall be equal to the difference between the number of governors allocated to the group and the number of voting rights assigned to it, minus two.
               5.   Whenever the composition of the groups is adjusted in accordance with the fifth indent of Article 10.2 of the Statute, the rotation of voting rights within each group shall continue to follow the list referred to in paragraph 2. From the date on which the number of governors reaches 22, the rotation within the third group shall start at a random point in the list. The Governing Council may decide to change the order of rotation for the second and third groups to avoid the situation that certain governors are always without a voting right at the same periods of the year.
               6.   The ECB shall publish in advance a list of the members of the Governing Council with a voting right on the ECB’s website.
               7.   The share of each national central bank’s Member State in the total aggregated balance sheet of the monetary financial institutions shall be calculated on the basis of the annual average of monthly average data over the most recent calendar year for which data are available. Whenever the aggregate gross domestic product at market prices is adjusted in accordance with Article 29.3 of the Statute or whenever a country becomes a Member State and its national central bank becomes part of the European System of Central Banks, the total aggregated balance sheet of the monetary financial institutions of the Member States which have adopted the euro shall be recalculated on the basis of the data relating to the most recent calendar year for which data are available.’

               2.

               The first sentence of Article 4.1 is replaced by the following:
               ‘In order for the Governing Council to vote, there shall be a quorum of two-thirds of the members with a voting right.’

               3.

               The following sentence is added to Article 4.7:
               ‘Decisions to be taken by written procedure shall be approved by the members of the Governing Council with a voting right at the time of approval.’

               4.

               The fourth sentence of Article 5.1 is replaced by the following:
               ‘An item shall be removed from the agenda at the request of at least three of the members of the Governing Council with a voting right if the related documents were not submitted to the members of the Governing Council in due time.’

               5.

               Article 5.2 is replaced by the following:
               ‘The minutes of the proceedings of the Governing Council shall be approved at the subsequent meeting (or if necessary earlier by written procedure) by the members of the Governing Council who had a voting right at the meeting to which the minutes refer and shall be signed by the President.’

         Article 2
   Final provision
   This Decision shall enter into force on the day when the number of governors in the Governing Council of the ECB exceeds 18.

      Done at Frankfurt am Main, 19 March 2009.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  Decision ECB/2008/29 of 18 December 2008 to postpone the start of the rotation system in the Governing Council of the European Central Bank (OJ L 3, 7.1.2009, p. 4).

      (2)  OJ L 80, 18.3.2004, p. 33.