title: Decision No 716/2009/EC of the European Parliament and of the Council of 16 September 2009 establishing a Community programme to support specific activities in the field of financial services, financial reporting and auditing

text:
               25.9.2009

               EN

               Official Journal of the European Union

               L 253/8

      DECISION No 716/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 16 September 2009
   establishing a Community programme to support specific activities in the field of financial services, financial reporting and auditing
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               The financial services sector is a key component of the internal market, crucial for the proper functioning of the European economy and for global competitiveness. A healthy and dynamic financial sector requires a solid framework for regulation and supervision, which is capable of meeting the demands of increasingly integrated financial markets in the Community.

               (2)

               The crisis in the financial markets which has unfolded since 2007 has put the issue of the supervision of financial institutions and financial reporting and auditing at the centre of the Community’s political agenda in regard to which it is necessary to ensure a well-functioning common framework for the internal market.

               (3)

               In a global economy, there is also a need to converge standards between jurisdictions and develop international standards under a transparent and democratically accountable process. It is therefore important that the Community play a role in the international standard-setting process for financial markets. To ensure that the interests of the Community are respected and that global standards are of high quality and compatible with Community law, it is essential that the interests of the Community are adequately represented in that international standard-setting process.

               (4)

               According to Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (3) (the IAS Regulation), International Financial Reporting Standards (IFRS) should be incorporated into Community law to be applied by companies with securities listed on a regulated market in the Community, provided that the IFRS meet the criteria set out in that Regulation. IFRS therefore play a major role in the functioning of the internal market and thus the Community has a direct interest in ensuring that the process through which IFRS are developed and approved delivers standards that are consistent with the requirements of the legal framework of the internal market.

               (5)

               IFRS are issued by the International Accounting Standards Board (IASB) and related interpretations are issued by the International Financial Reporting Interpretations Committee (IFRIC), two bodies within the International Accounting Standards Committee Foundation (IASCF). It is therefore important to establish appropriate funding arrangements for the IASCF.

               (6)

               The European Financial Reporting Advisory Group (EFRAG) was founded in 2001 by European organisations representing issuers, investors and the accountancy profession involved in the financial reporting process. In accordance with the IAS Regulation, the EFRAG provides the Commission with opinions on whether an accounting standard issued by the IASB or an interpretation issued by IFRIC, which is to be endorsed, complies with Community law. The EFRAG is also increasingly used as a platform to provide upstream, technical input concerning draft accounting standards.

               (7)

               Taking into account the EFRAG’s key role in supporting internal market law and policy and in representing European interests in the standard-setting process at international level, it is necessary for the Community to contribute to the EFRAG’s financing.

               (8)

               In the field of statutory audit, the Public Interest Oversight Board (PIOB) was created in 2005 by the Monitoring Group, an international organisation responsible for monitoring the governance reform of the International Federation of Accountants (IFAC). The role of the PIOB is to oversee the process leading to the adoption of International Standards on Auditing (ISAs) and other public interest activities of the IFAC. It is possible for ISAs to be adopted for their application in the Community provided, in particular, that they have been developed with due process, public oversight and transparency as required under Article 26 of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts (4).

               (9)

               The introduction of ISAs into Community law and the key role of the PIOB in ensuring that they fulfil the requirements laid down in Directive 2006/43/EC means that the Community has a direct interest in ensuring that the process through which such standards are developed and approved delivers standards that are consistent with the legal framework of the internal market. It is therefore important to ensure appropriate funding arrangements for the PIOB.

               (10)

               Accordingly, it is appropriate to establish a Community programme (the ‘Programme’) to allow the co-financing of activities of the EFRAG, the IASCF and the PIOB, which pursue, in accordance with Article 162 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002, laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (5), aims of a general European interest by designing standards, endorsing standards or supervising standard-setting processes in the field of financial reporting and auditing.

               (11)

               It is also appropriate to provide grants to the three legal support structures, the exclusive aim of which is to provide administrative support to the Committee of European Securities Regulators, established by Commission Decision 2009/77/EC (6), the Committee of European Banking Supervisors, established by Commission Decision 2009/78/EC (7) and the Committee of European Insurance and Pension Supervisors, established by Commission Decision 2009/79/EC (8) (together, the ‘Committees of Supervisors’), for carrying out their mandates and projects relating to supervisory convergence, in particular training of staff of national supervisory authorities and management of information technology projects.

               (12)

               The financial crisis has demonstrated the urgent need for progress in the area of supervisory convergence and cooperation. It is therefore appropriate for the Community to contribute financially to specific actions of the Committees of Supervisors which are to be carried out to achieve such progress.

               (13)

               Uniform implementation and application of Community law in the field of financial services as far as supervision is concerned is essential for the dismantling of remaining obstacles to the smooth functioning of the internal market. Some of the most effective and appropriate means by which to achieve such dismantling are for the Committees of Supervisors to provide better common training for the staff of national supervisory authorities and to develop common information technology instruments.

               (14)

               Bodies working in the field of supervision, accounting and auditing are highly dependent on funding and, despite their major roles in the Community, none of the proposed beneficiaries of the Programme benefit from any financial support from the Community budget, which may affect their capacity to comply with their respective missions which are decisive for the functioning of the internal market.

               (15)

               Community co-financing ensures that beneficiaries benefit from clear, stable, diversified, sound and adequate funding and that they are able to accomplish their public interest mission in an independent and efficient manner.

               (16)

               Sufficient funding should be provided by means of a Community contribution towards the functioning of the Committees of Supervisors and international accounting and auditing standard setting, and in particular to the IASCF, including the EFRAG and the PIOB.

               (17)

               Community funding should, in particular in the specific case of the IASCF, be made conditional upon practical fulfilment of the governance reforms requested by the Community.

               (18)

               When transmitting their draft work programmes on an annual basis to the European Parliament, the Council, and the Commission, as requested in the European Parliament Resolution of 9 October 2008 (9) and in the Council conclusions of 14 May 2008, the Committees of Supervisors should include in such work programmes a section detailing the activities that have been financed under the Programme in the course of the year of transmission, indicating, in particular, the amounts of financing and the outcomes of the financed activities, and a description of the activities that the Committees of Supervisors intend to submit to the Commission during the course of the following year for financing under the Programme.

               (19)

               In addition to changing their funding patterns, the IASCF and the EFRAG are currently undergoing governance reforms, the need for which has been highlighted by the financial crisis, to ensure that through their structure and processes they accomplish their public interest mission in an independent, efficient, transparent and democratically accountable manner. The importance of those reforms was stressed in the report of the High Level Group on financial supervision chaired by Jacques de Larosière (de Larosière Group) of 25 February 2009, in the Commission Communication for the Spring European Council of 4 March 2009 entitled ‘Driving European recovery’, and by the Group of Twenty (G-20), meeting on 2 April 2009. Those reforms should be in place by the time the Community co-financing starts. In relation to the IASCF, the reforms should include, inter alia, meeting the expectations set out in the European Parliament Resolution of 24 April 2008 on International Financial Reporting Standards (IFRS) and the Governance of the International Accounting Standards Board (IASB) and in the Council Conclusions of 8 July 2008, in particular the creation of the Monitoring Board with relevant powers and appropriate composition, greater transparency and legitimacy in regard to the IASCF’s standard-setting and agenda-setting processes, the enhancement of the effectiveness of the Standards Advisory Council and the formalisation of the role of impact assessments as part of the due process of the IASB.

               (20)

               Beneficiaries that pursue international activities in third countries, such as the PIOB and the IASCF, should not continue to benefit from Community co-financing if, after the first 2 years thereof, they have not made significant progress towards ensuring that neutral funding arrangements form a majority of their total funding, including from third-country participants.

               (21)

               Directive 2006/43/EC provides that Member States set up independent oversight bodies in the field of auditing. Recent market events have, however, revealed deficiencies in many areas including auditing. To improve the quality of auditing in the European Union further, the Commission should therefore, by 1 July 2010, present a report on reinforcing European audit firm oversight cooperation.

               (22)

               The financial crisis may lead to the setting up of new bodies at Community or international level with a mandate covering Community objectives which are similar to those of the beneficiaries of the Programme.

               (23)

               It should be possible to include in the Programme such bodies as new beneficiaries, provided that they fulfil the eligibility criteria set out in this Decision.

               (24)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10).

               (25)

               In particular, the Commission should be empowered to select new beneficiaries for the Programme and to amend the Annex accordingly. Since those measures are of general scope and are designed to amend non-essential elements of this Decision by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (26)

               Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (11) (the Financial Regulation) and Regulation (EC, Euratom) No 2342/2002, which safeguard the Community financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for implementation and management, and the required proportionality between the level of resources and the administrative burden related to their use.

               (27)

               The financial crisis has highlighted the need for reform of the regulatory and supervisory models for the European Union’s financial sector. In its Communication entitled ‘Driving European recovery’, the Commission announced its intention to put forward the necessary legislative proposals with due consideration for the conclusions presented by the de Larosière Group. The European Council of 19 and 20 March 2009 agreed on the need to improve the regulation and supervision of financial institutions in the European Union, with the report of the de Larosière Group as a basis for action. The Commission should present relevant proposals to the European Parliament and the Council as soon as possible and in any event by 1 July 2010.

               (28)

               This Decision should provide for the possibility of co-financing activities of certain bodies pursuing aims of a general Community interest on Community-wide issues in the field of financial services and designing standards, endorsing standards or supervising standard-setting processes in the field of financial reporting and auditing.

               (29)

               Community funding is proposed for a well-defined and limited number of the most important bodies in the field of financial services. Within the current institutional framework, the new funding arrangements will ensure stable, diversified, sound and adequate funding to enable the relevant bodies to carry out their Community-related or Community public interest mission in an independent and efficient manner. Financial support will be granted in accordance with the conditions laid down in the Financial Regulation and in Regulation (EC, Euratom) No 2342/2002.

               (30)

               Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Subject matter and scope
   A Community programme (the ‘Programme’), is hereby established for the period from 1 January 2010 to 31 December 2013 to support the activities of bodies which contribute to the achievement of the policy objectives of the Community in relation to supervisory convergence and cooperation in the field of financial services and in relation to financial reporting and auditing.
   Article 2
   Objectives
   1.   The general objective of the Programme is to improve the conditions for the functioning of the internal market by supporting the operation, activities or actions of certain bodies in the fields of financial services, financial reporting and auditing.
   2.   The following activities are covered by the Programme:

               (a)

               those supporting the implementation of Community policies aimed at supervisory convergence, in particular by means of training the personnel of national supervisory authorities and management of information technology projects in the field of financial services; and

               (b)

               those developing or providing input to the development of standards, applying, assessing or monitoring standards or overseeing standard setting processes in support of the implementation of Community policies in the field of financial reporting and auditing.

         3.   The independence of the Committees of Supervisors provided for in Decisions 2009/77/EC, 2009/78/EC and 2009/79/EC shall not be undermined by the implementation of the Programme.
   Article 3
   Access to the Programme
   To be eligible for Community financing under the Programme, a beneficiary shall fulfil the following conditions:

               (a)

               it must be a non-profit-making legal person, with the objective of promoting public interest and pursuing aims of general European interest as provided for in Article 162 of Regulation (EC, Euratom) No 2342/2002; and

               (b)

               it must not be, at the time of the award of the grant, in one of the situations referred to in Article 93(1), Article 94, or point (a) of Article 96(2) of the Financial Regulation.

         Article 4
   Beneficiaries of the Programme
   1.   The beneficiaries listed in the Annex shall benefit under the Programme.
   2.   Beneficiaries that carry out international activities in third countries, such as the IASCF and the PIOB, shall not continue to benefit under the Programme if after the first 2 years of co-financing they have not made significant progress towards ensuring that neutral funding arrangements form a majority of their total funding, including from third-country participants.
   Article 5
   Award of grants
   1.   The Commission shall provide financing under the Programme in the form of grants and only upon receipt of an appropriate work programme and an estimated overall budget.
   2.   Community financing shall be awarded in the form of operating grants or action grants, subject to the following conditions:

               (a)

               in the case of the beneficiaries listed in Section A of the Annex, Community financing must be awarded in the form of operating grants; and

               (b)

               in the case of the beneficiaries listed in Section B of the Annex:

                           (i)

                           the beneficiaries may choose between an action grant and an operating grant; and

                           (ii)

                           when submitting its work programme and estimated overall budget to the Commission pursuant to paragraph 1, the beneficiary must provide the Commission with written confirmation that its request for financing does not undermine the independence of the Committee of Supervisors to which that beneficiary provides an administrative support function.

         3.   Operating grants shall be granted only to finance the operating costs and expenses of the beneficiaries including the running of their secretariats and the remuneration of their employees.
   In the event of renewal, operating grants shall not be automatically decreased.
   4.   Action grants shall be granted only for the activities set out in Article 6 and shall be subject to the following conditions:

               (a)

               their exclusive aim must be to enable the beneficiaries listed in Section B of the Annex to provide an administrative support function to the Committees of Supervisors to develop and implement the projects identified in the decisions providing for the action grants; and

               (b)

               the administrative support function of the beneficiaries listed in Section B of the Annex must be clearly set out in their respective statutes.

         The administrative support function referred to in point (b) shall be the sole purpose of the beneficiaries listed in Section B of the Annex and shall include the carrying out of the activities laid down in Article 6 for the benefit of the Committees of Supervisors.
   5.   The Commission shall decide on the amounts and the maximum percentage of financing and shall make such decisions public.
   Article 6
   Eligible activities of beneficiaries for action grants
   Without prejudice to Article 2(3) and Articles 3 and 5, the following activities shall be regarded as being eligible for action grants as specific projects with a Community dimension:

               (a)

               information technology projects;

               (b)

               training programmes and staff secondment schemes for staff from national supervisors;

               (c)

               hosting conferences, seminars, training sessions and meetings of experts;

               (d)

               preparing and issuing publications, preparation and execution of other information activities;

               (e)

               carrying out research, preparing studies; and

               (f)

               other specific supporting activities relevant to Community law or policy in the field of accounting and auditing or supervisory convergence or cooperation.

         Article 7
   Selection of new beneficiaries
   1.   The Commission may select new beneficiaries for the Programme and amend the Annex accordingly. Those measures, designed to amend non-essential elements of this Decision by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(2).
   2.   To qualify as a new beneficiary, a body shall fulfil the criteria set out in Article 3 and at least one of the following criteria:

               (a)

               it must be a direct successor of one of the beneficiaries listed in the Annex;

               (b)

               it must pursue activities supporting the implementation of Community policies aimed at supervisory convergence and cooperation in the field of financial services; or

               (c)

               it must be directly involved in the process of developing or providing input to the development of international standards, applying, assessing or monitoring those standards or overseeing standard-setting processes in support of the implementation of Community policies in the field of financial reporting and auditing.

         3.   Where a body selected by the Commission as a new beneficiary:

               (a)

               fulfils the criterion set out in paragraph 2(a) of this Article, it may be awarded the grant of its predecessor listed in the Annex, provided that, in the case of an action grant, such body also fulfils the criteria for eligible activities set out in Article 6; or

               (b)

               fulfils the criteria for eligible activities set out in Article 6 and the criteria set out in points (b) or (c) of paragraph 2 of this Article, it may be awarded an action grant.

         Under point (b) of this paragraph, the maximum amount of financing available under the action grant shall not exceed, on an annual basis, the unused credits in the context of the grants awarded for specific actions or operating grants pursuant to Article 9.
   Article 8
   Transparency
   Any beneficiary of funding awarded under the Programme shall indicate in a prominent place, such as a website, a publication or an annual report, that it has received funding from the budget of the European Union.
   Article 9
   Financial provisions
   1.   The financial envelope for the implementation of this Decision over the period 2010-2013 shall be EUR 38 700 000. Within that envelope, commitment appropriations to the beneficiaries listed in Section B of the Annex shall be at least EUR 13 500 000, those to the IASCF shall be no more than EUR 12 750 000, and those to the EFRAG shall be no more than EUR 11 250 000.
   2.   The annual appropriations allocated in accordance with this Decision shall be authorised by the budgetary authority within the limits of the financial framework.
   3.   Where the Commission presents its first appropriation request as part of the preliminary draft budget to the budgetary authority in relation to the IASCF, it shall, 1 month in advance of such request, provide a report on the governance reforms of the IASCF to be delivered to the European Parliament and the Council. That report shall be assessed, in an appropriate manner, by the European Parliament and the Council. The report shall focus on the governance structure and processes, including the composition and powers of the Monitoring Board, in particular on the ability of that body to accomplish its public interest mission in a transparent and efficient manner. The report shall also set out progress as regards the roadmaps for third countries to apply IFRS to their domestic issuers.
   4.   Where the Commission presents its first appropriation request as part of the preliminary draft budget to the budgetary authority in relation to the year following the first 2 years of financing of the IASCF and the PIOB, it shall, 1 month in advance of such request, provide a report on whether the IASCF and the PIOB have made significant progress towards ensuring that neutral funding arrangements form a majority of their total funding, including from third-country participants. That report shall be assessed, in an appropriate manner, by the European Parliament and the Council with regard to whether significant progress towards neutral funding, including from third-country participants, has been made.
   Article 10
   Implementation
   The measures necessary for the implementation of this Decision shall be adopted by the Commission in accordance with the procedures set out in the Financial Regulation and Regulation (EC, Euratom) No 2342/2002.
   Article 11
   Monitoring
   1.   The Commission shall ensure that:

               (a)

               for any action financed by the Programme under an action grant, the beneficiary submit annually a technical and financial report on the progress of work and a final report after completion of the action; and

               (b)

               for any work programme financed by the Programme under an operating grant, the beneficiary submit annually an activity and financial report on the implementation of the work programme and a final report after the end of the period of eligibility for Community funding.

         The Commission shall determine the form and content of the reports referred to in points (a) and (b).
   2.   Without prejudice to the audits carried out by the Court of Auditors in liaison with the competent national audit bodies or department pursuant to Article 248 of the Treaty, or any inspection carried out pursuant to point (b) of the first subparagraph of Article 279(1) of the Treaty, officials and other staff of the Commission may carry out on-the-spot checks, including sample checks, on actions financed under the Programme and in accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (12). Where necessary, investigations shall be conducted by the European Anti-Fraud Office (OLAF) and these shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and the Council (13).
   3.   The Commission shall ensure that contracts and agreements resulting from the implementation of the Programme provide, in particular, for supervision and financial control by the Commission (or any representative authorised by it), including by OLAF, and for audits — if necessary on-the-spot — by the Court of Auditors.
   4.   Commission staff and outside personnel authorised by the Commission shall have appropriate right of access, in particular to the beneficiary’s offices and to all the information, including information in electronic format, needed in order to conduct such audit.
   5.   The Court of Auditors and OLAF shall enjoy the same rights, in particular as regards access, as the Commission.
   6.   The beneficiary of an operating or action grant shall keep available for the Commission all the supporting documents, including the audited financial statement, regarding expenditure incurred during the grant year, for a period of 5 years following the last payment. The beneficiary of such a grant shall ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission.
   7.   On the basis of the results of the reports and sample checks referred to in paragraphs 1 and 2, the Commission shall ensure that, if necessary, the scale or the conditions of allocation of the financial support originally approved and the timetable for payments are adjusted.
   8.   The Commission shall ensure that all steps necessary to verify that the actions financed are carried out properly and in compliance with this Decision and the Financial Regulation are taken.
   Article 12
   Protection of the Community’s financial interests
   1.   The Commission shall ensure that, when the activities financed under the Programme are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and other illegal activities, by effective checks and by the recovery of amounts unduly paid and, if irregularities are detected, by effective, proportionate and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95 (14), Regulation (Euratom, EC) No 2185/96 and Regulation (EC) No 1073/1999.
   2.   For the Community activities financed pursuant to this Programme, the notion of irregularity shall, in accordance with Article 1(2) of Regulation (EC, Euratom) No 2988/95, mean any infringement of a provision of Community law resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by the Communities, either by reducing or losing revenue accruing from own resources collected directly on behalf of the Communities, or by an unjustified item of expenditure.
   3.   The Commission shall ensure that the amount of financial support granted for an action is reduced, suspended or recovered if it finds irregularities, including non-compliance with this Decision, the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having been sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.
   4.   If the time limits have not been observed or if only part of the allocated financial support is justified by the progress made with implementing an action, the beneficiary shall submit observations to the Commission within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may cancel the remaining financial support and demand the repayment of sums already paid out.
   5.   The Commission shall ensure that any undue payment is reimbursed. Interest shall accrue on any sums not repaid in good time under the conditions laid down in the Financial Regulation.
   Article 13
   Committee procedure
   1.   The Commission shall be assisted by a committee.
   2.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   Article 14
   Evaluation
   1.   No later than 6 months before the end of the Programme, the Commission shall submit to the European Parliament and the Council a report on the achievement of the Programme’s objectives. That report shall be based, inter alia, on the annual reports referred to in Article 11(1).
   That report shall appraise at least the overall pertinence and coherence of the Programme, the effectiveness of its execution and the overall and individual effectiveness of the various actions in terms of achievements of the objectives as set out in Article 2.
   The report shall be forwarded to the European Economic and Social Committee for information.
   2.   The European Parliament and the Council shall, in accordance with the Treaty, decide whether to continue the Programme after 31 December 2013.
   3.   The Commission shall present to the European Parliament and the Council as soon as possible, and in any event by 1 July 2010, a report on the need for further reforms of the financial supervisory system in the European Union, taking account of the responsibilities under the Treaty, and shall, as appropriate, put forward the necessary legislative proposals.
   4.   The Commission shall present to the European Parliament and the Council, together with the preliminary draft budget for 2011, a report on the possible adjustments to be made to the total financial envelope with regards to commitment appropriations to the beneficiaries listed in Section B of the Annex.
   5.   The Commission shall, by 1 July 2010, present a report on reinforcing European audit firm oversight cooperation.
   Article 15
   Entry into force
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      Done at Strasbourg, 16 September 2009.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         C. MALMSTRÖM

      (1)  Opinion of 25 March 2009 (not yet published in the Official Journal).

      (2)  Opinion of the European Parliament of 6 May 2009 (not yet published in the Official Journal) and Council Decision of 27 July 2009.

      (3)  OJ L 243, 11.9.2002, p. 1.

      (4)  OJ L 157, 9.6.2006, p. 87.

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

      (6)  OJ L 25, 29.1.2009, p. 18.

      (7)  OJ L 25, 29.1.2009, p. 23.

      (8)  OJ L 25, 29.1.2009, p. 28.

      (9)  European Parliament Resolution of 9 October 2008 with recommendations to the Commission on Lamfalussy follow-up: future structure of supervision (not yet published in the Official Journal).

      (10)  OJ L 184, 17.7.1999, p. 23.

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

      (12)  OJ L 292, 15.11.1996, p. 2.

      (13)  OJ L 136, 31.5.1999, p. 1.

      (14)  OJ L 312, 23.12.1995, p. 1.

      ANNEX
      The beneficiaries referred to in the Decision are the following:

         Section A

      Beneficiaries in the field of financial reporting:

                  —

                  the European Financial Reporting Advisory Group (EFRAG),

                  —

                  the International Accounting Standards Committee Foundation (IASCF).

            Beneficiaries in the field of auditing:

                  —

                  the Public Interest Oversight Board (PIOB).

         Section B

      Bodies, the aim of which is to provide administrative support to the Committee of European Securities Regulators, the Committee of European Banking Supervisors and the Committee of European Insurance and Pension Supervisors:

                  —

                  in the case of the Committee of European Banking Supervisors (CEBS), CEBS Secretariat Limited, a UK limited company by guarantee without share capital the registered office of which is situated in London and which is registered with Companies House under number 5161108,

                  —

                  in the case of the Committee of European Securities Regulators (CESR) a French not-for-profit organisation (association loi 1901), the registered office of which is situated in Paris and which is registered with the ‘préfecture de police’ under number 441545308,

                  —

                  in the case of the Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) a German not-for-profit organisation (eingetragener Verein (e.V.)), the registered office of which is situated in Frankfurt and which is registered with the ‘Amtsgericht Frankfurt am Main’ under number VR 12777.


Avis juridique important

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31989D0591

89/591/EEC, Euratom, ECSC: Commission Decision of 8 November 1989 adjusting the weightings applicable from 1 October 1989 to the remuneration of officials of the European Communities serving in non-member countries

Official Journal L 331 , 16/11/1989 P. 0049 - 0050 Finnish special edition: Chapter 1 Volume 2 P. 0114  Swedish special edition: Chapter 1 Volume 2 P. 0114

*****COMMISSION  DECISION  of 8 November 1989  adjusting the weightings applicable from 1 October 1989 to the remuneration of officials of the European Communities serving in non-member countries  (89/591/EEC, Euratom, ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to the Staff Regulations of officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EEC, Euratom, ECSC) No 2187/89 (2), and in particular the second paragraph of Article 13 of Annex X thereto,  Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EEC, Euratom, ECSC) No 2899/89 (3) laid down the weightings to be applied from 1 July 1989 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;  Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);  Whereas some of these weightings should be adjusted with effect from 1 October 1989 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,  HAS DECIDED AS FOLLOWS:  Sole Article  With effect from 1 October 1989 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are adjusted as shown in the Annex.  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.  Done at Brussels, 8 November 1989.  For the Commission  António CARDOSO E CUNHA  Member of the Commission  (1) OJ No L 56, 4. 3. 1968, p. 1.  (2) OJ No L 209, 21. 7. 1989, p. 1.  (3) OJ No L 279, 28. 9. 1989, p. 30.  (4) OJ No L 203, 15. 7. 1989, p. 55 and OJ No L 324, 9. 11. 1989, p. 31.  ANNEX  1.2 //  //  // Country of employment  // Weighting   //  //   // Brazil   // 52,15   // Indonesia   // 80,00  // Lebanon   // 22,84   // Somalia   // 36,74   // Swaziland  // 46,28   // Turkey   // 58,54   // Uruguay   // 58,16  // Yugoslavia   // 30,71   // Zaire   // 80,87   // Zambia  // 70,45   //    //


title: 2008/196/EC: Council Decision of 18 February 2008 on the conclusion of the Agreement between the European Community and the Government of Malaysia on certain aspects of air services

text:
               5.3.2008

               EN

               Official Journal of the European Union

               L 60/30

      COUNCIL DECISION

   of 18 February 2008
   on the conclusion of the Agreement between the European Community and the Government of Malaysia on certain aspects of air services
   (2008/196/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               On 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 a Community agreement.

               (2)

               The Commission has negotiated, on behalf of the Community, an Agreement with the Government of Malaysia on certain aspects of air services (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               The Agreement was signed on behalf of the European Community subject to its possible conclusion at a later date, in accordance with Decision 2007/210/EC (1).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of Malaysia on certain aspects of air services is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is authorised to designate the person empowered to make the notification provided for in Article 8(1) of the Agreement.

      Done at Brussels, 18 February 2008.

            For the Council

            The President

         D. RUPEL

      (1)  OJ L 94, 4.4.2007, p. 26.


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31985D0008

85/8/EEC: Council Decision of 19 December 1984 on specific Community action to combat poverty

Official Journal L 002 , 03/01/1985 P. 0024 - 0025 Finnish special edition: Chapter 1 Volume 2 P. 0039  Spanish special edition: Chapter 05 Volume 4 P. 0129  Swedish special edition: Chapter 1 Volume 2 P. 0039  Portuguese special edition Chapter 05 Volume 4 P. 0129

*****COUNCIL  DECISION  of 19 December 1984  on specific Community action to combat poverty  (85/8/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, under Article 2 of the Treaty, the task of the Community is to promote throughout the Community a harmonious development of economic activities, a continuous and balanced expansion, an increase in stability, an accelerated raising of the standard of living and closer relations between the States belonging to it;  Whereas the persistence of poverty within the Community is incompatible with this objective;  Whereas the uncertainty of employment, a phenomenon which has worsened in recent years, is equally incompatible with this objective;  Whereas national economic and social policies and Community action in the field of employment can, by attacking the structural causes of poverty, make an effective contribution to the fight against it;  Whereas in addition to anti-poverty measures which may be implemented in connection with the establishment of the various Community policies, more specific Community action is necessary to achieve the objective referred to above;  Whereas the Treaty does not provide the specific powers necessary for the adoption of this Decision,  HAS DECIDED AS FOLLOWS:  Article 1  1. The Commission may implement an anti-poverty programme in order to combat poverty more effectively and carry out positive measures to help the under-privileged and identify the best means of attacking the causes of poverty and alleviating its effects in the Community. To this end, the Commission may:  (a) promote or provide financial assistance for various types of action-research measures:  - designed to test and develop new methods of helping persons beset by, or threatened with, poverty in the Community,  - drawn up and carried out as far as possible with the participation of the persons concerned, and  - of particular interest to the Community in that they are addressed to problems common to several Member States;  (b) promote or provide financial assistance for the dissemination and exchange of knowledge, the coordination and assessment of anti-poverty measures, and the transfer of innovative approaches between Member States;  (c) promote or provide financial assistance for collection and dissemination on a regular basis of comparable data on poverty in the Community.  2. For the purposes of this Decision 'the poor' shall be taken to mean persons, families and groups of persons whose resources (material, cultural and social) are so limited as to exclude them from the minimum acceptable way of life in the Member States in which they live.  Article 2  The funds estimated as necessary to implement the measures referred to in Article 1 amount to 25 million ECU for four years (1985 to 1988).  Financial support may be granted, in the framework of the appropriations entered annually for this purpose in the general budget of the European Communities, for:  (a) action-research projects, up to 50 % of actual expenditure within the limits of assistance requested and approved. However, in exceptional cases, and notably those occurring in particularly underprivileged regions, this limit may be raised to 55 %;  (b) other types of activity, if such activities are of exceptional interest for all or part of the Community, in excess of 50 % of actual expenditure within the limits of assistance requested and approved.  Article 3  1. Applications for Community financial assistance shall be approved and forwarded to the Commission by the Member State or States on whose territory the projects are to be carried out.  2. The Commission shall inform the Member States of its decision to grant or refuse the financial assistance requested.  3. Both public and private bodies shall be eligible for financial assistance.  4. In cases where the Commission takes the initiative for an action-research project or study, it shall obtain the agreement of the Member State or States on whose territory the project is to be carried out.  Article 4  1. The Commission shall consult the representatives of the Governments of the Member States and, where appropriate, those responsible, within the framework of the projects, for coordination, evaluation and dissemination of knowledge, and independent experts on all matters of importance concerning the implementation of this Decision.  2. The Commission shall arrange for the body responsible for each type of action in question to report back to it at regular intervals on the progress or outcome of the action and to convey any other appropriate information.  Article 5  At the end of 1987, the Commission shall submit to the Council and the European Parliament an interim report on the first available results of the various operations carried out with financial assistance from the Community.  The Commission shall also submit a final report as soon as possible after the conclusion of the programme.  Article 6  This Decision shall be published in the Official Journal of the European Communities.  It shall take effect on the fifth day following that of its publication.  Done at Brussels, 19 December 1984.  For the Council  The President  P. O'TOOLE  (1) OJ No C 208, 8. 8. 1984, p. 10.  (2) OJ No C 315, 26. 11. 1984, p. 88.  (3) Opinion delivered on 21 and 22 November 1984 (not yet published in the Official Journal).


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31998D0306

98/306/EC, ECSC, Euratom: Decision of the Bureau of the European Parliament of 17 April 1998 implementing, as regards the provisions concerning the fee to be paid for the delivery of very large documents, Decision 97/632/ECSC, EC, Euratom of the European Parliament, and in particular Article 3(1) thereof

Official Journal L 135 , 08/05/1998 P. 0046 - 0046

DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT of 17 April 1998 implementing, as regards the provisions concerning the fee to be paid for the delivery of very large documents, Decision 97/632/ECSC, EC, Euratom of the European Parliament, and in particular Article 3(1) thereof (98/306/EC, ECSC, Euratom)THE BUREAU OF THE EUROPEAN PARLIAMENT,Having regard to the Treaties establishing the European Communities, and in particular Article 142 of the Treaty establishing the European Community,Having regard to Rule 22(2) of the European Parliament's Rules of Procedure (1),Having regard to the Decision 97/632/ECSC, EC, Euratom of the European Parliament of 10 July 1997 on public access to European Parliament documents (2), and in particular Article 3(1) thereof,Whereas the aforesaid Decision lays down provisions requiring the payment of a fee;Whereas it is necessary to fix, on a case-by-case basis, charges for other means of transmitting the documents concerned;Whereas it is necessary to fix translation charges in respect of languages other than official languages of the European Communities,HEREBY DECIDES:Article 1 A fee of ECU 10 plus ECU 0,036 per sheet of paper may be required as an advance payment for the delivery of copies of a document on paper exceeding 30 pages.The amount of the above fee may be reviewed by decision of the Bureau of the European Parliament on a proposal by the Secretary-General.Charges for other media or forms of transmission shall be determined by the Secretary-General on a case-by-case basis and shall not exceed a reasonable sum.Published documents shall not be affected by this Decision and shall continue to be available at their published prices.Article 2 Where translation into a language other than an official language of the European Communities is required in accordance with Article 2(2) of Decision 97/632/ECSC, EC, Euratom, the rate in force within the institution for external translations under the freelance scheme shall be applied.Article 3 This Decision shall enter into force on the date of its publication in the Official Journal of the European Communities.Done at Brussels, 17 April 1998.For the BureauThe PresidentJosé María GIL-ROBLES(1) OJ L 293, 7. 12. 1995, p. 1.(2) OJ L 263, 25. 9. 1997, p. 27.


title: Council Decision 2013/352/CFSP of 2 July 2013 amending Decision 2012/440/CFSP appointing the European Union Special Representative for Human Rights

text:
               4.7.2013

               EN

               Official Journal of the European Union

               L 185/8

         COUNCIL DECISION 2013/352/CFSP
   of 2 July 2013
   amending Decision 2012/440/CFSP appointing the European Union Special Representative for Human Rights
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 25 July 2012, the Council adopted Decision 2012/440/CFSP (1) appointing Mr Stavros LAMBRINIDIS as the European Union Special Representative (EUSR) for Human Rights. The mandate of the EUSR is to expire on 30 June 2014.

               (2)

               Decision 2012/440/CFSP provided the EUSR with the financial reference amount covering the period from 25 July 2012 to 30 June 2013. A new financial reference amount for the period from 1 July 2013 to 30 June 2014 should be established.

               (3)

               Decision 2012/440/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 5(1) of Decision 2012/440/CFSP, the following subparagraph is added:

      "The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2013 to 30 June 2014 shall be EUR 837 000.".

   Article 2
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 July 2013.

      Done at Brussels, 2 July 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 200, 27.7.2012, p. 21.


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31985D0257

85/257/EEC, Euratom: Council Decision of 7 May 1985 on the Communities' system of own resources

Official Journal L 128 , 14/05/1985 P. 0015 - 0017 Spanish special edition: Chapter 01 Volume 4 P. 0099  Portuguese special edition Chapter 01 Volume 4 P. 0099

*****COUNCIL  DECISION  of 7 May 1985  on the Communities' system of own resources  (85/257/EEC, Euratom)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 201 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 173 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources (4), hereinafter referred to as 'the Decision of 21 April 1970', introduced a Community system of own resources;  Whereas, in order to augment own resources, while retaining the existing sources of revenue introduced by the Decision of 21 April 1970, the 1 % limit to the rate applied to the uniform basis for assessing value added tax should be increased;  Whereas the European Council which met in Fontainebleau on 25 and 26 June 1984 reached certain conclusions;  Whereas, by the terms of those conclusions, the maximum rate of mobilization of value added tax own resources will be 1,4 % on 1 January 1986; whereas this maximum rate applies to every Member State and will enter into force as soon as the ratification procedures are completed and by 1 January 1986 at the latest; whereas the maximum rate may be increased to 1,6 % on 1 January 1988 by unanimous decision of the Council and after agreement has been given in accordance with national procedures;  Whereas, in those same conclusions, the European Council considered that expenditure policy is ultimately the essential means of resolving the question of budgetary imbalances;  Whereas, however, the European Council decided that any Member State bearing an excessive budgetary burden in relation to its relative prosperity may benefit at the appropriate time from a correction;  Whereas such a correction must now be applied to the United Kingdom,  HAS LAID DOWN THESE PROVISIONS, WHICH IT RECOMMENDS TO THE MEMBER STATES FOR ADOPTION:  Article 1  The Communities shall be allocated resources of their own in accordance with the following Articles in order to ensure that their budget is in balance.  The budget of the Communities shall, irrespective of other revenue, be financed entirely from the Communities' own resources.  Article 2  Revenue from:  (a) levies, premiums, additional or compensatory amounts, additional amounts or factors and other duties established or to be established by the institutions of the Communities in respect of trade with non-member countries within the framework of the common agricultural policy, and also contributions and other duties provided for within the framework of the common organization of the markets in sugar;  (b) Common Customs Tariff duties and other duties established or to be established by the institutions of the Communities in respect of trade with non-member countries,  shall constitute own resources entered in the budget of the Communities.  In addition, revenue accruing from other charges introduced within the framework of a common policy in accordance with the Treaty establishing the European Economic Community or the Treaty establishing the European Atomic Energy Community shall constitute own resources entered in the budget of the Communities, subject to the procedure laid down in Article 201 of the Treaty establishing the European Economic Community or in Article 173 of the Treaty establishing the European Atomic Energy Community having been followed.  Article 3  1. Own resources shall also include revenue accruing, in accordance with this Article, from the application of rates to the assessment basis for value added tax which is determined in a uniform manner for Member States according to Community rules.  2. None of the rates referred to in paragraph 1 shall exceed 1,4 %. The rates shall be fixed, taking into account all other revenue, within the framework of the budgetary procedure.  3. The rates shall be calculated as follows:  (a) a uniform rate shall be determined in relation to the assessment basis referred to in paragraph 1;  (b) as regards the rate to be applied to the United Kingdom, a deduction shall be made from the amount payable under the uniform rate by:  (i) calculating the difference, in the preceding budgetary year, between the percentage share of the United Kingdom in the value added tax which would have been paid in that year, including adjustments in respect of previous years, had the uniform rate been applied, and the percentage share of the United Kingdom in total allocated expenditure;  (ii) applying the difference thus obtained to total allocated expenditure;  (iii) multiplying the result by 0,66.  The reduced amount shall be divided by the assessment basis of the United Kingdom;  (c) as regards the rates to be applied to the other Member States, a sum equivalent to the deduction referred to in (b) shall be borne by them. The allocation of this sum shall first be calculated according to their respective shares in value added tax payments payable under the uniform rate, the United Kingdom being excluded; it shall subsequently be adjusted so as to limit the participation of the Federal Republic of Germany to two-thirds of the share produced by that calculation.  The rates to be applied to these Member States shall be obtained by dividing the total obtained by adding together the amounts payable under the uniform rate and their shares in the additional sum by the assessment basis of each Member State;  (d) where paragraph 7 applies, financial contributions shall be substituted for payments of value added tax in the calculations referred to in this paragraph for any Member State concerned.  4. On the entry into force of this paragraph, and by way of derogation from the Decision of 21 April 1970, a lump-sum deduction of 1 000 million ECU shall be made from the amount of value added tax payable by the United Kingdom. A sum equivalent to the deduction shall be borne by the other Member States, being allocated in accordance with paragraph 3 (c).  The operations referred to in the preceding subparagraph shall constitute modifications to own resources accruing from value added tax in respect of the financial year 1985. If necessary, the corresponding amounts shall be entered in the accounts for the financial year 1985 by the Commission.  5. The Commission shall carry out the calculations necessary for the application of paragraphs 3 and 4.  6. If, at the beginning of the financial year, the budget has not been adopted, the rates of value added tax previously fixed shall remain applicable until the entry into force of new rates. 7. By way of derogation from paragraph 1, if, on 1 January of the financial year in question, the rules determining the uniform basis for assessing value added tax have not yet been applied in all Member States, the financial contribution to the budget of the Communities to be made by a Member State not yet applying this uniform basis shall be determined according to the proportion of its gross national product to the sum total of the gross national products of the Member States. The balance of the budget shall be covered by revenue accruing from value added tax in accordance with paragraph 1 and collected by the other Member States. This derogation shall cease to have effect as soon as the rules for determining the uniform basis for assessing value added tax are applied in all Member States.  8. For the purpose of paragraph 7, 'gross national product' shall mean gross national product at market prices.  Article 4  1. The revenue referred to in Articles 2 and 3 shall be used without distinction to finance all expenditure entered in the budget of the Communities.  2. Financing from the Communities' own resources of the expenditure connected with research programmes of the European Communities shall exclude neither entry in the budget of the Communities of expenditure relating to supplementary programmes nor the financing of this expenditure by means of financial contributions from Member States, the level and scale of funding of which will be fixed pursuant to a decision of the Council acting unanimously.  Article 5  The Communities shall refund to each Member State 10 % of the amounts paid in accordance with the first paragraph of Article 2 in order to cover expense incurred in collection.  Article 6  Any surplus of the Communities' own resources over and above the actual expenditure during a financial year shall be carried over to the following financial year.  Article 7  1. The Community resources referred to in Articles 2 and 3 shall be collected by the Member States in accordance with national provisions imposed by law, regulation or administrative action, which shall, where necessary, be amended for that purpose. Member States shall make these resources available to the Commission.  2. Without prejudice to the auditing of accounts provided for in Article 206a of the Treaty establishing the European Economic Community, or to the inspection arrangements made pursuant to Article 209 (c) of that Treaty, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, adopt provisions relating to the supervision of collection, the making available to the Commission, and the payment of the revenue referred to in Articles 2 and 3.  Article 8  Member States shall be notified of this Decision by the Secretary-General of the Council of the European Communities; it shall be published in the Official Journal of the European Communities.  Member States shall notify the Secretary-General of the Council of the European Communities without delay of the completion of the procedures for the adoption of this Decision in accordance with their respective constitutional requirements.  This Decision shall enter into force:  - as regards the provisions of Article 3 (4), on the second day after receipt of the last of the notifications referred to in the second paragraph;  - as regards its other provisions, on the second day after receipt of the last such notification or after the deposit, by the present Member States of the Communities, of the last of the instruments of ratification of the Treaties of Accession of Spain and Portugal, whichever occurs later, unless the Council, acting unanimously, decides otherwise.  Without prejudice to Article 3 (4), this Decision shall enter into effect on 1 January 1986 and the Decision of 21 April 1970 shall be repealed on the same date. To the extent necessary, any reference to the Decision of 21 April 1970 shall be understood as referring to this Decision.  Done at Brussels, 7 May 1985.  For the Council  The President  G. ANDREOTTI  (1) OJ No C 193, 21. 7. 1984, p. 5.  (2) OJ No C 315, 26. 11. 1984, p. 60.  (3) OJ No C 307, 19. 11. 1984, p. 24.  (4) OJ No L 94, 28. 4. 1970, p. 19.


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31997D0831

97/831/EC: Council Decision of 27 November 1997 concerning the conclusion of a Cooperation Agreement between the European Community and the former Yugoslav Republic of Macedonia

Official Journal L 348 , 18/12/1997 P. 0001 - 0001

COUNCIL DECISION of 27 November 1997 concerning the conclusion of a Cooperation Agreement between the European Community and the former Yugoslav Republic of Macedonia (97/831/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 235, in conjunction with the second sentence of Article 228 (2) and the second subparagraph of Article 228 (3) thereof,Having regard to the proposal from the Commission (1),Having regard to the assent of the European Parliament (2),Whereas the Cooperation Agreement between the European Community and the former Yugoslav Republic of Macedonia, signed by way of Exchange of Letters on 29 April 1997, should be approved;Whereas the Treaty does not provide, for action by the Community in certain areas covered by the Agreement, powers other than those of Article 235 of the Treaty,HAS DECIDED AS FOLLOWS:Article 1The Cooperation Agreement between the European Community and the former Yugoslav Republic of Macedonia and the Declarations adopted by the Contracting Parties thereto are hereby approved on behalf of the Community.The texts of the Agreement, a list of the Declarations and the Declarations are annexed to this Decision.Article 2The President of the Council shall, on behalf of the Community, give the notification provided for in the second paragraph of Article 49 of the Agreement.Article 3The Presidency of the Council, when the Council so decides, and otherwise the Commission, assisted by representatives of the members of the Council, shall represent the Community in the Cooperation Council set up by Article 33 of the Agreement. The Council shall act by a simple majority of its members.The position to be taken by the Community within the Cooperation Council shall be adopted by the Council acting by a qualified majority on a proposal from the Commission. The Council shall act unanimously when the position covers a field for which unanimity is required for the adoption of internal Community rules and by simple majority when the decision which the Cooperation Council proposes to take relates to the latter's rules of procedure.Decisions taken by the Cooperation Council shall be published in the Official Journal of the European Communities.Article 4This Decision shall be published in the Official Journal of the European Communities.It shall take effect on the day of its publication.Done at Brussels, 27 November 1997.For the CouncilThe PresidentM. FISCHBACH(1) OJ C 79, 12. 3. 1997, p. 1.(2) OJ C 325, 27. 10. 1997.


title: Council Decision 2013/350/CFSP of 2 July 2013 amending and extending the mandate of the European Union Special Representative for the Middle East peace process

text:
               4.7.2013

               EN

               Official Journal of the European Union

               L 185/3

         COUNCIL DECISION 2013/350/CFSP
   of 2 July 2013
   amending and extending the mandate of the European Union Special Representative for the Middle East peace process
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular, Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 23 January 2012, the Council adopted Decision 2012/33/CFSP (1) appointing Mr Andreas REINICKE as the European Union Special Representative (EUSR) for the Middle East peace process. The mandate is to expire on 30 June 2013.

               (2)

               The mandate of the EUSR should be extended for a further period of 12 months. The mandate should be reviewed in autumn 2013. This review should be completed by 31 December 2013.

               (3)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Andreas REINICKE as the European Union Special Representative (EUSR) for the Middle East peace process ("peace process") is hereby extended until 30 June 2014. The mandate of the EUSR may be terminated earlier, if the Council so decides, on 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 policy objectives of the Union regarding the peace process.
   2.   Those objectives include, inter alia:

               (a)

               a comprehensive peace that should be achieved on the basis of the relevant United Nations (UN) Security Council Resolutions, the Madrid principles, the Roadmap, the agreements previously reached by the parties and the Arab Peace Initiative;

               (b)

               a two-State solution with Israel and a democratic, contiguous, viable, peaceful and sovereign Palestinian State living side by side within secure and recognised borders enjoying normal relations with their neighbours in accordance with UN Security Council Resolutions 242 (1967), 338 (1973), 1397 (2002) and 1402 (2002) and the Madrid principles;

               (c)

               a solution to the Israeli-Syrian and Israeli-Lebanese conflicts;

               (d)

               a solution to resolve the status of Jerusalem as the future capital of two states and a just, viable and agreed solution to the problem of Palestinian refugees;

               (e)

               following-up of the peace process towards a final status agreement and the creation of a Palestinian state including strengthening the role of the Middle East Quartet ("the Quartet") as guardian of the Roadmap, particularly in view of the monitoring of the implementation of the obligations which both parties have under the roadmap and in line with all international efforts to bring about a comprehensive Arab-Israeli peace.

         3.   These objectives are based on the Union's commitment to work with the parties and with partners in the international community, especially within the framework of the Quartet, to pursue every opportunity for peace and for a decent future for all people in the region.
   4.   The EUSR shall support the work of the HR in the region, including within the framework of the Quartet.
   Article 3
   Mandate
   In order to achieve the policy objectives, referred to in Article 2, the mandate of the EUSR shall be to:

               (a)

               provide an active and efficient Union contribution to actions and initiatives leading to a final settlement of the Israeli-Palestinian conflict and of the Israeli-Syrian and Israeli-Lebanese conflicts;

               (b)

               facilitate and maintain close contact with all the parties to the peace process, other countries of the region, members of the Quartet and other relevant countries, as well as the UN and other relevant international organisations, in order to work with them in strengthening the peace process;

               (c)

               ensure continued presence of the Union in relevant international fora and contribute to crisis management and prevention;

               (d)

               observe and support peace negotiations between the parties and put forward Union proposals, on its behalf, in the context of those negotiations;

               (e)

               contribute, where requested, to the implementation of international agreements reached between the parties and engage with them diplomatically in the event of non-compliance with the terms of those agreements;

               (f)

               pay particular attention to factors affecting the regional dimension of the peace process;

               (g)

               engage constructively with signatories to agreements within the framework of the peace process in order to promote compliance with the basic norms of democracy, including respect for human rights and the rule of law;

               (h)

               make proposals for Union intervention in the peace process and on the best way of pursuing Union initiatives and ongoing peace process-related Union efforts, such as the Union's contribution to Palestinian reforms and including the political aspects of relevant Union development projects;

               (i)

               monitor actions by both sides on the implementation of the roadmap and on issues that might prejudice the outcome of the permanent status negotiations to enable the Quartet to better assess the parties' compliance;

               (j)

               as Envoy to the Quartet, report on progress and evolution in the negotiations and contribute to the preparation of Quartet Envoys meetings on the basis of Union positions and through coordination with other Quartet members;

               (k)

               contribute to the implementation of the Union's human rights policy in cooperation with the EUSR for Human Rights, including the Union Guidelines on human rights, in particular the EU Guidelines on Children and Armed Conflict as well as on violence against women and girls and combating all forms of discrimination against them, and Union policy regarding UN Security Council Resolution 1325 (2000) on Women, Peace and Security, including by monitoring and reporting on developments as well as formulating recommendations in this regard;

               (l)

               contribute to a better understanding of the role of the Union among opinion leaders in the region.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR. In order to fulfil his mandate and specific responsibilities in the field the EUSR shall be fully dedicated to the Mission.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS).
   4.   Particularly in the course of his missions, the EUSR shall work closely with the EU Representative Office in Jerusalem, the Union Delegation in Tel Aviv as well as with all other relevant Union delegations in the region.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2013 to 31 December 2013 shall be EUR 506 500.
   2.   The expenditure financed by the amount stipulated in paragraph 1 shall be eligible as from 1 July 2013. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall promptly and regularly inform the Council and the Commission of the composition of his 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 staff shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to work with the EUSR. Internationally contracted staff shall have the nationality of a Member State.
   3.   All seconded staff shall remain under the administrative authority of the sending Member State, the institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   4.   The EUSR staff shall be co-located with the relevant EEAS departments or Union delegations in order to contribute to the coherence and consistency of their respective activities.
   Article 7
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of staff 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 his mandate and the security situation in his geographical area of responsibility, for the security of all staff under his direct authority, in particular by:

               (a)

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

               (b)

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

               (c)

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

               (d)

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

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties, as necessary. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR shall 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 promote overall Union political coordination. He shall help ensure that all Union instruments in the field are engaged coherently 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, including the EUSR for the Southern Mediterranean Region, as appropriate. The EUSR shall provide regular briefings to Member States' missions and the Union delegations.
   2.   In the field, close liaison shall be maintained with the Heads of the Union delegations and Member States' Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR, in close coordination with the Head of the Union Delegation in Tel Aviv, shall provide the Heads of the European Union Police Mission in the Palestinian Territories (EUPOL COPPS) and of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) with local political guidance. The EUSR and the Civilian Operation Commander shall consult each other as required. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Assistance in relation to claims
   The EUSR and his staff shall assist in providing elements to respond any claims and obligations arising from the mandates of the previous EUSRs for the Middle East peace process, and shall provide administrative assistance and access to relevant files for such purpose.
   Article 14
   Review
   1.   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the Commission and the HR with progress report by the end of October 2013 and a comprehensive mandate implementation report at the end of the mandate.
   2.   The mandate of the EUSR shall be reviewed by 31 December 2013.
   Article 15
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 July 2013.

      Done at Brussels, 2 July 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 19, 24.1.2012, p. 17.

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


title: 2008/343/EC: Council Decision of 29 April 2008 amending Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism

text:
               30.4.2008

               EN

               Official Journal of the European Union

               L 116/25

      COUNCIL DECISION

   of 29 April 2008
   amending Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism
   (2008/343/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,
   Whereas:

               (1)

               On 20 December 2007, the Council adopted Decision 2007/868/EC (2).

               (2)

               On 25 February 2008, the Council provided to Mr Jose Maria SISON an updated statement of reasons for maintaining him on the list of persons, groups and entities subject to the restrictive measures provided for under Regulation (EC) No 2580/2001 and invited Mr SISON to present his observations thereon within one month. Mr SISON submitted observations to the Council by letter dated 24 March 2008, which the Council has considered.

               (3)

               The Council has concluded that Mr SISON has been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (3) and that decisions have been taken in respect of Mr SISON by a competent national authority within the meaning of Article 1(4) of that Common Position. The Council has also concluded that the entries for Mr SISON and for the Communist Party of the Philippines on the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be amended so as to reflect the updated statement of reasons.

               (4)

               The Council therefore considers that Mr SISON should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In the Annex to Decision 2007/868/EC, the entry for Mr SISON, Jose Maria (a.k.a. Armando Liwanag, a.k.a. Joma), shall be replaced by the following:

      ‘SISON, Jose Maria (a.k.a Armando Liwanag, a.k.a. Joma), born 8.2.1939 in Cabugao (Philippines) — person playing a leading role in the “Communist Party of the Philippines”, including the “NPA” ’.

   Article 2
   In the Annex to Decision 2007/868/EC the entry for the Communist Party of the Philippines shall be replaced by the following:

      ‘ “Communist Party of the Philippines”, including the “New People’s Army” — “NPA”, Philippines, linked to SISON, Jose Maria (a.k.a Armando Liwanag, a.k.a. Joma, who plays a leading role in the “Communist Party of the Philippines”, including the “NPA”)’.

   Article 3
   This Decision shall take effect on the date of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 29 April 2008.

            For the Council

            The President

         D. RUPEL

      (1)  OJ L 344, 28.12.2001, p. 70. Regulation as last amended by Decision 2007/868/EC (OJ L 340, 22.12.2007, p. 100).

      (2)  OJ L 340, 22.12.2007, p. 100.

      (3)  OJ L 344, 28.12.2001, p. 93. Common Position as last amended by Common Position 2007/871/CFSP (OJ L 340, 22.12.2007, p. 109).


				|

		52014PC0256

			Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, of a Protocol amending the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part, to take account of the accession to the European Union of the Republic of Croatia /* COM/2014/0256 final - 2014/0134 (NLE) */

			   	EXPLANATORY MEMORANDUM
 1)      Context of the proposal
 110 || ·                   Grounds for and objectives of the proposal / general context The Common Aviation Area Agreement between the European Union, its Member States and Georgia was negotiated on the basis of the Council Decision adopted in June 2009 authorising the opening of negotiations. The Agreement was signed on 2 December 2010.
 120 || The Republic of Croatia acceded to the European Union on 1 July 2013. Pursuant to Article 6(2) of the Act concerning the Conditions of Accession, Croatia undertook to accede to the agreements concluded or signed by the Member States and the Union with one or more third counties or an international organisation. A protocol had been negotiated, containing the necessary linguistic adaptations of the Agreement that ensue from the accession of Croatia. Under the above mentioned Article 6(2) as well as Articles 100(2) and 218(5) TFEU, the signing of the Protocol has been approved by decision of […], and the Protocol has been signed on [….] The Protocol should now be approved, on the basis of Articles 100(2) and 218(6)(a) TFEU, in conjunction with Article 6(2) of the Act of Accession.
 130 || ·                   Existing provisions in the area covered by the proposal The provisions of the Protocol supersede or complement the provisions in the Common Aviation Area Agreement between the European Union, its Member States and Georgia.
 140 || ·                   Consistency with other policies and objectives of the Union The Agreement with Georgia was the first comprehensive air transport agreement signed with an important aviation partner in the Caucasus region. It forms part of the Union's external aviation policy framework established by the Commission Communication COM(2005)79: "Developing the agenda for the Community's external aviation policy" and recently reviewed by the Commission Communication COM(2012)556: "The EU's External Aviation Policy - Addressing Future Challenges" and the corresponding Council Conclusions.
 2)      Consultation of the stakeholders and impact assessment
   || ·                                            Consultation of the stakeholders
 211 || Consultation methods, main sectors targeted and general profile of respondents Not applicable
 212 || Summary of responses and how they have been taken into account Not applicable
 3)      LEGAL ELEMENTS OF THE PROPOSAL
 305 || ·                   Summary of the proposed measures The Protocol ensures the necessary amendment to be made to the Common Aviation Area Agreement between the European Union, its Member States and Georgia following the accession of Croatia to the EU on 1 July 2013.
 310 || ·                   Legal basis Article 100(2) and 218(6)(a) of the Treaty on the Functioning of the European Union, in conjunction with Article 6(2) of the Act of Accession.
 4)      Budgetary implications
 409 || The proposal has no implications for the Union budget.
 5)      ADDITIONAL INFORMATION
 570 || ·                   Detailed explanation of the proposal The Council is requested to approve the Protocol amending the Common Aviation Area Agreement between the European Union, its Member States and Georgia.
2014/0134 (NLE)
Proposal for a
COUNCIL DECISION
on the conclusion, on behalf of the
European Union and its Member States, of a Protocol amending the Common
Aviation Area Agreement between the European Union and its Member States, of
the one part, and Georgia, of the other part, to take account of the accession
to the European Union of the Republic of Croatia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and
in particular Articles 100(2) and 218(6)(a) thereof,
Having regard to the Act of Accession of Croatia, and in particular the
second subparagraph of Article 6(2) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the
European Parliament[1],

Whereas:
(1)       In accordance with Council
Decision 2014/ …/EU[2], the Protocol amending the Common Aviation Area Agreement between
the European Union and its Member States, of the one part, and Georgia, of the other part, to take account of the accession to the European Union of the Republic of   Croatia ("the Protocol") has
been signed, subject to its conclusion.
(2)       The Protocol should be
approved,
HAS ADOPTED THIS DECISION:
Article 1
The Protocol amending the Common Aviation
Area Agreement between the European Union and its Member States, of the one
part, and Georgia, of the other part, to take account of the accession to the
European Union of the Republic of Croatia is hereby approved on behalf of the
Union and its Member States.[3]

Article 2
The President of the Council is hereby
authorised to designate the person(s) empowered to deposit, on behalf of the
Union and its Member States, the instrument of approval provided for in Article
3 of the Protocol.
Article 3
This Decision shall enter into force on the
date of its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ C , , p. .
[2]               OJ L […], […], p. […].
[3]               The
text of the Protocol was published in the Official Journal of the European
Union OJ L ………., together with the decision on its signing.


title: Council Decision (EU) 2015/1796 of 1 October 2015 on the conclusion of the Agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 — the Framework Programme for Research and Innovation and the Research and Training Programme of the European Atomic Energy Community complementing Horizon 2020, and regulating the Swiss Confederation's participation in the ITER activities carried out by Fusion for Energy

text:
               8.10.2015

               EN

               Official Journal of the European Union

               L 263/8

         COUNCIL DECISION (EU) 2015/1796
   of 1 October 2015
   on the conclusion of the Agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 — the Framework Programme for Research and Innovation and the Research and Training Programme of the European Atomic Energy Community complementing Horizon 2020, and regulating the Swiss Confederation's participation in the ITER activities carried out by Fusion for Energy
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 186, in conjunction with Article 218(6)(a), Article 218(7) and the first subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 — the Framework Programme for Research and Innovation and the Research and Training Programme of the European Atomic Energy Community complementing Horizon 2020, and regulating the Swiss Confederation's participation in the ITER activities carried out by Fusion for Energy (‘the Agreement’), was signed on behalf of the Union on 5 December 2014 in accordance with Council Decision 2014/953/EU (1).

               (2)

               The Agreement was concluded by the European Atomic Energy Community on 5 December 2014 in accordance with Council Decision 2014/954/Euratom (2).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 — the Framework Programme for Research and Innovation and the Research and Training Programme of the European Atomic Energy Community complementing Horizon 2020, and regulating the Swiss Confederation's participation in the ITER activities carried out by Fusion for Energy is hereby approved on behalf of the Union (3).
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in the first subparagraph of Article 15(1) of the Agreement (4).
   Article 3
   The Commission shall adopt the position to be taken on behalf of the Union within the Switzerland/Communities Research Committee with regard to that Committee's decisions taken pursuant to Article 5(2) of the Agreement.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 1 October 2015.

            For the Council

            The President

         É. SCHNEIDER

      (1)  Council Decision 2014/953/EU of 4 December 2014 on the signing, on behalf of the European Union, and provisional application of the Agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 — the Framework Programme for Research and Innovation and the Research and Training Programme of the European Atomic Energy Community complementing Horizon 2020, and regulating the Swiss Confederation's participation in the ITER activities carried out by Fusion for Energy (OJ L 370, 30.12.2014, p. 1).

      (2)  Council Decision 2014/954/Euratom of 4 December 2014 approving the conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Agreement for scientific and technological cooperation between the European Union and European Atomic Energy Community and the Swiss Confederation associating the Swiss Confederation to Horizon 2020 — the Framework Programme for Research and Innovation and the Research and Training Programme of the European Atomic Energy Community complementing Horizon 2020, and regulating the Swiss Confederation's participation in the ITER activities carried out by Fusion for Energy (OJ L 370, 30.12.2014, p. 19).

      (3)  The Agreement has been published in OJ L 370 of 30.12.2014 together with the decision on signature.

      (4)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.