Important legal notice

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32004D0803

Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme)

Official Journal L 143 , 30/04/2004 P. 0001 - 0008

		Decision No 803/2004/EC of the European Parliament and of the Councilof 21 April 2004adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and Social Committee [1],Having regard to the opinion of the Committee of the Regions [2],Acting in accordance with the procedure laid down in Article 251 of the Treaty [3],Whereas:(1) Physical, sexual and psychological violence against children, young people and women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life, constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence. The effects of such violence are so widespread throughout the Community as to constitute a genuine health scourge and an obstacle to the enjoyment of safe, free and just citizenship.(2) It is important and necessary to recognise the serious immediate and long-term implications of violence for health, psychological and social development, and for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole.(3) According to the World Health Organisation's definition, health is a state of complete physical, mental and social well being and not merely the absence of disease or infirmity. A World Health Assembly resolution adopted at the 49th World Health Assembly in Geneva in 1996 declares that violence is a leading worldwide public health problem. The World report on violence and health presented by the World Health Organisation in Brussels on 3 October 2002 recommends promoting primary prevention responses, strengthening responses for victims of violence and increasing collaboration and exchange of information on violence prevention.(4) These principles are recognised in numerous conventions, declarations and protocols of the main international organisations and institutions such as the United Nations, the International Labour Organisation, the World Conference on Women and the World Congress against Commercial Sexual Exploitation of Children. This important work performed by international organisations should be complemented by that of the Community. Indeed, Article 3(1)(p) of the Treaty requires Community action to include a contribution to the attainment of a high level of health protection.(5) The Charter of Fundamental Rights of the European Union [4] 1 reaffirms, inter alia, the rights to dignity, equality and solidarity. It includes a number of specific provisions to protect and promote physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as to prohibit inhuman or degrading treatment, slavery and forced labour, and child labour.(6) The Commission has been called upon to draw up and implement action programmes to combat such violence by the European Parliament, inter alia, in its Resolutions of 19 May 2000 on the communication from the Commission to the Council and the European Parliament. "For further actions in the fight against trafficking in women" [5], and of 20 September 2001 on female genital mutilation [6].(7) The action programme set up by Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young people and women [7], has helped increase awareness within the European Union and increase and consolidate cooperation between organisations in the Member States active in combating violence.(8) The Daphne programme has received an overwhelming response and clearly meets a deeply felt need within the voluntary sector. The funded projects have already started to have multiplying effects on activities by non governmental organisations and institutions in Europe. This programme has already substantially contributed to the development of EU policy on combating violence, trafficking, sexual abuse and pornography, with implications well beyond the boundaries of the European Union, as mentioned in the mid-term report of the Daphne programme.(9) In its Resolution of 4 September 2002 on the mid-term review of the Daphne programme [8], the European Parliament stresses that the Daphne programme meets a basic need for effective strategies to combat violence and that it must continue beyond 2003, and calls on the Commission to submit a proposal for a new action programme which incorporates all experience acquired since 1997 and which is allocated appropriate funding.(10) It is desirable to ensure continuity for the projects supported by the Daphne programme to carry on building on the experiences gained and to provide opportunities to promote the European added value stemming from these experiences and, to this end, it is necessary to establish a second phase of the programme, hereinafter referred to as the "Daphne II programme".(11) The Community can bring added value to the actions predominantly to be undertaken by Member States concerning the prevention of violence, including abuse and sexual exploitation perpetrated against children, young people and women and the protection of victims and groups at risk through the dissemination and exchange of information and experience, the promotion of an innovative approach, the joint establishment of priorities, the development of networking as appropriate, the selection of Community-wide projects and the motivation and mobilisation of all parties concerned. These actions should also encompass children and women brought to the Member States through human trafficking. The Community can also identify and stimulate good practice.(12) The Daphne II programme can bring added value by identifying and stimulating good practice, by encouraging innovation and by exchanging relevant experience of actions undertaken in the Member States, including an exchange of information relating to the various laws, sanctions and the results achieved. In order to achieve the objectives of this programme and use the resources available in the most efficient way, the areas in which work is to be done must be carefully chosen by selecting projects which offer a greater Community added value and show the way towards trying out and disseminating innovative ideas to prevent and combat violence, in the context of a multidisciplinary approach.(13) Since the objectives of the proposed action, namely to prevent and combat all forms of violence against children, young people and women cannot be sufficiently achieved by the Member States and can therefore, due to the need for a coordinated and multidisciplinary approach favouring the setting up of transnational frameworks for training, information, study and exchange of good practice, and the selection of Community-wide projects, 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.(14) The Daphne II programme should be of a five-year duration in order to allow sufficient time for actions to be implemented to achieve the objectives set and for lessons and experience to be collated and integrated in good practice across the European Union.(15) 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 [9].(16) This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure [10], for the budgetary authority during the annual budgetary procedure,HAVE DECIDED AS FOLLOWS:Article 1Subject matter and scopeThe second phase of the Daphne programme to prevent and combat all forms of violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) is hereby established for the period 1 January 2004 to 31 December 2008. It may be extended.For the purposes of the Daphne II programme, "children" shall include adolescents up to the age of 18 years, in accordance with international instruments relating to the rights of the child.However, projects with actions particularly designed for beneficiary groups such as, for example, "teenagers" (13 to 19 years old) or people 12 to 25 years old, shall be considered as targeting the category of so-called "young people".Article 2Programme objectives1. The Daphne II programme shall contribute to the general objective of providing citizens with a high level of protection from violence, including protection of physical and mental health.The aim of this programme shall be to prevent and combat all forms of violence, occurring in the public or the private domain, against children, young people and women by taking preventive measures and by providing support for victims and groups at risk, including in particular the prevention of future exposure to violence. It further aims to assist and encourage non governmental organisations and other organisations active in this field.2. The actions to be implemented under the Daphne II programme, as set out in the Annex, are intended:(a) to promote transnational actions:(i) to set up multidisciplinary networks, particularly in support of victims of violence and groups at risk;(ii) to ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practice, including through training, study visits and staff exchange;(iii) to raise awareness of violence among targeted audiences such as specific professions, competent authorities and identified sectors of the general public with a view both to improving understanding of, and promoting the adoption of zero tolerance towards violence and to encouraging support for victims and the reporting of incidences of violence to the competent authorities;(iv) to study phenomena related to violence and possible methods of preventing it and explore and address the root causes of violence at all levels of society;b) to implement complementary actions, on the initiative of the Commission, such as studies, the formulation of indicators, data gathering, statistics broken down by gender and by age, seminars, and meetings of experts or other activities to reinforce the programme's knowledge base and to disseminate the information obtained under this programme.Article 3Access to the programme1. The Daphne II programme shall be open to participation by public or private organisations and institutions (local authorities at the competent level, university departments and research centres) working to prevent and combat violence against children, young people and women or to protect against such violence or to provide support for victims or to implement targeted actions to promote rejection of such violence or to encourage attitude and behaviour change towards vulnerable groups and victims of violence.2. This programme shall also be open to the participation of:(a) Accession States which signed the Treaty of Accession on 16 April 2003;(b) the EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement;(c) Romania and Bulgaria, for which the conditions for participation are to be laid down in accordance with the respective European Agreements, the additional protocols thereto and the decisions of the respective Association Councils;(d) Turkey, for which the conditions for participation are to be laid down in accordance with the Framework Agreement between the European Community and the Republic of Turkey on the general principles for the participation of the Republic of Turkey in Community programmes [11].3. To be eligible for funding under this programme, projects shall involve at least two Member States, have a maximum duration of two years and be geared to the objectives set out in Article 2.Article 4Actions under the programmeThe Daphne II programme shall comprise the following types of actions:(a) identification and exchanges of good practice and work experience with a view in particular to implementing preventive measures and assistance to victims;(b) mapping surveys, studies and research;(c) field work with the involvement of the beneficiaries, particularly children and young people, in all phases of project design, implementation and evaluation;(d) creation of sustainable multidisciplinary networks;(e) training and design of educational packages;(f) development and implementation of treatment programmes and support for victims and people at risk on the one hand, and perpetrators on the other hand, whilst ensuring the safety of victims;(g) development and implementation of awareness-raising actions targeting specific audiences, design of materials to supplement those already available, or adaptation and use of existing materials in other geographical areas or for other target groups;(h) dissemination of the results obtained under the two Daphne programmes including their adaptation, transfer and use by other beneficiaries or in other geographical areas;(i) identification and enhancement of actions contributing to positive treatment of people at risk of violence, namely to an approach which encourages respect for them and promotes their well-being and self-fulfilment.Article 5Funding1. The financial framework for the implementation of the Daphne II programme for the period from 1 January 2004 to 31 December 2008 is hereby set at EUR 50 million, of which EUR 29 million is for the period until 31 December 2006.For the period following 31 December 2006, the amount shall be deemed to be confirmed if it is consistent for this phase with the financial perspectives in force for the period commencing in 2007.2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.3. Funding decisions shall be followed by grant agreements between the Commission and the beneficiaries of the grant.4. The proportion of financial support from the Community budget shall not exceed 80 % of the total cost of the project.However, the complementary actions referred to in Article 2(2)(b) may be financed up to 100 %, subject to a ceiling of 15 % of this programme's total annual financial allocation.Article 6Implementation of the programme1. The Commission shall be responsible for the management and implementation of the Daphne II programme and shall ensure that any result or product funded by this programme is available free of charge and in electronic form.2. The Commission shall ensure a balanced approach, in respect of the three target groups, namely children, young people and women with regard to the implementation of this programme.3. The measures necessary for the implementation of this Decision relating to the annual plan of work shall be adopted in accordance with the management procedure referred to in Article 7(2).4. The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 7(3).Article 7Committee1. The Commission shall be assisted by a Committee.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.4. The Committee shall adopt its rules of procedure.Article 8Monitoring and evaluation1. The Commission shall take all the measures necessary to ensure the monitoring and continuous evaluation of the Daphne II programme taking account of the general and specific objectives set out in Article 2 and of the specific objectives set out in the Annex.2. At the latest by 1 June 2006, the Commission shall submit an evaluation report to the European Parliament and to the Council, assessing the relevance, utility, sustainability, effectiveness and efficiency of the Daphne II programme so far. This report shall include an ex ante evaluation in order to support possible future action. Moreover, in parallel to the presentation of the Preliminary Draft Budget for 2007, the Commission shall forward to the budgetary authority the result of the qualitative and quantitative evaluation of performance against the annual implementation plan.In the context of the budgetary procedure for 2007, the Commission shall, at the latest by 1 June 2006, report on the consistency of the amount for 2007/2008 with the new financial perspectives. If applicable, the Commission shall take the necessary steps within the budgetary procedures for 2007/2008 to ensure the consistency of the annual appropriations with the new financial perspectives.3. On completion of the Daphne II programme, the Commission shall submit a final report to the European Parliament and to the Council. Inter alia, this report shall contain information on the work carried out in the context of the actions set out in Point II(c) of the Annex, as a basis for evaluating the need for further political action.4. The Commission shall also send the reports referred to under paragraphs 2 and 3 to the European Economic and Social Committee and to the Committee of the Regions.Article 9Entry into forceThis Decision shall enter into force on the day of its publication in the Official Journal of the European Union.Done at Strasbourg, 21 April 2004.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentD. Roche[1] OJ C 208, 3.9.2003, p. 52.[2] OJ C 256, 24.10.2003, p. 85.[3] Opinion of the European Parliament of 3 September 2003 (not yet published in the Official Journal), Council Common Position of 1 December 2003 (OJ C 54 E, 2.3.2004, p. 1), Position of the European Parliament of 9 March 2004 (not yet published in the Official Journal) and Decision of the Council of 30 March 2004.[4] OJ C 364, 18.12.2000, p. 1.[5] OJ C 59, 23.2.2001, p. 307.[6] OJ C 77 E, 28.3.2002, p. 126[7] OJ L 34, 9.2.2000, p. 1.[8] OJ C 272 E, 13.11.2003, p. 390[9] OJ L 184, 17.7.1999, p. 23.[10] OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).[11] OJ L 61, 2.3.2002, p. 29.--------------------------------------------------ANNEXSPECIFIC OBJECTIVES AND ACTIONSI. TRANSNATIONAL ACTIONS1. Identification and exchange of good practice and WORK experienceObjective:to support and encourage the exchange, adaptation and use of good practice for application in other contexts or geographical areasTo stimulate and promote the exchange of good practice at Community level on protection of and support for children, young people and women — victims or groups at risk — with special emphasis on the following areas:(a) prevention (general or targeting specific groups);(b) protection and support to victims (psychological, medical, social, educational and legal assistance, the provision of accommodation, removing and protecting victims, training and reintegration into social and working life);(c) procedures to protect the best interests of children, particularly those who are victims of prostitution, young people and women who are the victims of violence;(d) measurement of the real impact of the different types of violence on victims and society within Europe, in order to establish an appropriate response.2. Mapping surveys, studies and researchObjective:to study phenomena related to violenceTo support research activities, gender- and age-based studies and mapping surveys in the field of violence in order, inter alia:(a) to explore and assess the various causes, circumstances and mechanisms of the emergence and growth of violence, including coercion to carry out actions such as begging or theft;(b) to analyse and compare existing prevention and protection models;(c) to develop prevention and protection practice;(d) to assess the impact of violence, also in terms of health, both on victims and on society as a whole, including the economic costs;(e) to study the scope for developing filters which prevent the forwarding of paedophile material via the Internet.(f) to undertake studies on children who are the victims of prostitution in order to help prevent this phenomenon by means of better knowledge about the risk factors.3. Field work with the involvement of the beneficiariesObjective:actively to implement proven methods in the prevention of and protection from violenceTo support the implementation of methods, training modules and assistance (psychological, medical, social, educational, legal, and to reintegration) directly involving the beneficiaries.4. Creation of sustainable multidisciplinary networksObjective:to support and encourage both non-governmental organisations (NGOs) and other organisations, including local authorities (at the competent level), active in the fight against violence to work together.To support the establishment and strengthening of multidisciplinary networks and to encourage and support cooperation between NGOs and the various organisations and public bodies, in order to improve the level of knowledge and understanding of one another's roles and to provide comprehensive multi-disciplinary support to victims of violence and to those at risk.The networks will in particular carry out activities to address the problems of violence, geared to:(a) producing a common framework for the analysis of violence, including the definition of different types of violence, the causes of violence and all its consequences, and for the implementation of appropriate multi-sector responses;(b) assessing the types and effectiveness of measures and practices for the prevention and detection of violence, and for the provision of support for victims of violence, in particular to ensure that they are never again exposed to violence;(c) promoting activities to tackle this problem at both international and national level.5. Training and design of educational packagesObjective:to develop educational packages on the prevention of violence and on positive treatmentTo design and test educational packages and actions on the prevention of violence against children, young people and women and on positive treatment, as well as on conflict management, for use in schools and adult educational institutions, associations, undertakings, public institutions and NGOs.6. Development and implementation of treatment programmesObjective:to develop and implement treatment programmes for victims and people at risk, such as children and young people who witness domestic violence, on the one hand, and perpetrators on the other hand, with the aim of preventing violence.To detect the possible causes, circumstances and mechanisms of the emergence and growth of violence including the nature and motivation of perpetrators of violence and exploiters of commercial violence such as sexual or non-sexual exploitation.To develop, test and implement treatment programmes based on the above findings.7. Awareness-raising actiONS targeting specific audiencesObjective:to raise awareness and the level of understanding of violence and the prevention of violence against children, young people and women with the aim of promoting zero tolerance of violence, the provision of support to victims and groups at risk, and the reporting of incidences of violenceThe following types of actions, amongst others, are eligible for support:(a) development and implementation of information and awareness-raising actions aimed at children, young people and women, in particular on the potential risks of violence and ways of avoiding them; other publics to be targeted could also include specific professions such as teachers, educators, medical doctors, youth or social workers, lawyers, police authorities and the media;(b) development of Community-wide information sources to assist and inform NGOs and public bodies about publicly available information relevant to the field of violence, the means of preventing it and the rehabilitation of victims, compiled by governmental, non-governmental, academic and other sources; this should enable information to be integrated into all the relevant information systems;(c) encouragement of the introduction of measures and specific services to increase reporting to the authorities of violence and different forms of trade in children, young people and women for sexual and non-sexual exploitation;(d) promotion of publicity campaigns, using mass means of communication, focusing on the condemnation of violence and the provision of support for victims in the form of psychological, moral and practical assistance.The design of materials to supplement those already available, or to adapt them for use in other geographical areas or for other target groups will be encouraged.II. COMPLEMENTARY ACTIONSIn order to ensure that all areas of the programme are fully covered, even in the absence of proposals — or of suitable proposals — for a given area, the Commission will carry out more proactive activities to fill any gaps.Consequently, the programme will finance complementary actions, on the Commission's initiative, in the following areas, inter alia:(a) to enable the development of indicators on violence, so that the quantified impact of policies and projects can be measured. This must be based on existing experience of all forms of violence against children, young people and women;(b) to set up a procedure for regular and sustainable data collection, preferably with the assistance of Eurostat, in order to be able to quantify violence in the Union more accurately;(c) to identify policy issues, wherever possible, in the light of the work achieved by funded projects, with the aim of suggesting common policies on violence at Community level and reinforcing judicial practice;(d) to analyse and evaluate the funded projects in order to prepare for a European Year against violence;(e) to disseminate on a Europe-wide scale good practices stemming from funded projects; this can be achieved by various means:(i) producing and distributing written material, CD-ROMs, video films, setting up Internet sites and promoting campaigns and publicity spots;(ii) seconding of or organising exchanges of experienced staff from one organisation to another in order to assist with the implementation of new solutions or practices that have proven to be effective elsewhere;(iii) enabling a single NGO to use results obtained under the two Daphne programmes, to adapt them or to transfer them to another Union area or another category of beneficiary;(iv) establishing a help-desk to assist NGOs, especially those participating for the first time, to elaborate their projects, to liaise with other partners and to use and benefit from the Daphne acquis;(v) cooperating as closely as possible with mass media.f) to organise seminars for all stakeholders involved in funded projects in order to improve management and networking capability and to support information exchange;g) to conduct studies and organise meetings of experts and seminars directly connected with the carrying out of the action of which they form an integral part.In addition, the Commission may have recourse, in carrying out the programme, to technical assistance organisations, the financing of which will be provided for within the overall financial framework and, under the same conditions, to experts.--------------------------------------------------


title: 2011/294/EU: Council Decision of 13 May 2011 on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros

text:
               21.5.2011

               EN

               Official Journal of the European Union

               L 134/1

         COUNCIL DECISION
   of 13 May 2011
   on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros
   (2011/294/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with point (a) of Article 218(6), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 5 October 2006, the Council adopted Regulation (EC) No 1563/2006 on the conclusion of the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros (1). A Protocol is annexed to that Agreement.

               (2)

               The European Union negotiated with the Union of the Comoros (hereinafter ‘the Comoros’) a new Protocol, providing EU vessels with fishing opportunities in the waters over which the Comoros has sovereignty or jurisdiction in respect of fisheries.

               (3)

               On conclusion of those negotiations, the new Protocol was initialled on 21 May 2010 and amended by an Exchange of Letters on 16 September 2010.

               (4)

               In accordance with Council Decision 2010/783/EU (2), the new Protocol was signed on 31 December 2010, on behalf of the European Union, and is being applied provisionally.

               (5)

               The new Protocol should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros is approved on behalf of the European Union.
   Article 2
   The President of the Council shall, on behalf of the European Union, give the notification provided for in Article 14 of the Protocol (3).
   Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 13 May 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ L 290, 20.10.2006, p. 6.

      (2)  OJ L 335, 18.12.2010, p. 1.

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


title: 2008/183/EC: Council Decision of 28 February 2008 appointing an Italian alternate member to the Committee of the Regions

text:
               4.3.2008

               EN

               Official Journal of the European Union

               L 59/17

      COUNCIL DECISION

   of 28 February 2008
   appointing an Italian alternate member to the Committee of the Regions
   (2008/183/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Italian Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010.

               (2)

               A seat as an alternate member of the Committee of the Regions has become vacant following the end of the mandate of Mr CONDORELLI,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Giovanni SPERANZA, Sindaco del Comune di Lamezia Terme, is hereby appointed an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 28 February 2008.

            For the Council

            The President

         A. VIZJAK

      (1)  OJ L 56, 25.2.2006, p. 75.


title: 2012/490/EU: Commission Decision of 24 August 2012 on amending Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks  Text with EEA relevance

text:
               28.8.2012

               EN

               Official Journal of the European Union

               L 231/16

         COMMISSION DECISION
   of 24 August 2012
   on amending Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks
   (Text with EEA relevance)
   (2012/490/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (1), and in particular Article 23(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 715/2009 sets non-discriminatory rules for access conditions to natural gas transmission systems to ensure the proper functioning of the internal market in gas. Since the duplication of gas transmission systems is in most cases not economic and efficient, competition in natural gas markets is stimulated by third-party access opening infrastructure to all suppliers in a transparent and non-discriminatory way. The frequent occurrence of contractual congestion where network users cannot gain access to gas transmission systems in spite of the physical availability of the capacity is an obstacle on the road towards completing the internal energy market.

               (2)

               The practice has shown that despite the application of certain congestion-management principles such as the offering of interruptible capacities as provided for by Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks (2) and Regulation (EC) No 715/2009, contractual congestion in the Union gas transmission networks remains an obstacle to the development of a well-functioning internal market in gas. Therefore it is necessary to amend the guidelines on the application of congestion-management procedures in the event of contractual congestion. In accordance with Article 23(3) of Regulation (EC) No 715/2009 the proposed guidelines should reflect differences between national gas systems and may set minimum requirements to be met to achieve non-discriminatory and transparent network access conditions with respect to congestion management procedures.

               (3)

               The congestion-management procedures should apply in the event of contractual congestion and are aimed at resolving those events by bringing unused capacity back to the market to be reallocated in the course of the regular allocation processes.

               (4)

               Where an interconnection point is frequently subject to the occurrence of physical congestion, congestion management procedures may often be of no avail. In those cases a solution should be examined from a network planning and investment point of view.

               (5)

               In accordance with Regulation (EC) No 713/2009 of the European Parliament and of the Council (3) the Agency for the Cooperation of Energy Regulators (‘the Agency’) should monitor and analyse the implementation of these guidelines. It is necessary that transmission system operators publish the information necessary to identify the occurrence of contractual congestion in a workable format.

               (6)

               In accordance with Article 24 of Regulation (EC) No 715/2009 the national regulatory authorities ensure compliance with those guidelines.

               (7)

               In order to ensure that congestion management procedures are applied in the most effective way at all interconnection points and with a view to maximising available capacities in all adjacent entry-exit systems, it is of great importance that national regulatory authorities and transmission system operators from different Member States and within Member States closely cooperate amongst themselves and with each other. In particular national regulatory authorities and transmission system operators should have regard to best practices and endeavour to harmonise processes for the implementation of these Guidelines. Acting in accordance with Article 7 of Regulation (EC) No 713/2009 the Agency and the national regulatory authorities should ensure that the most effective congestion management procedures are implemented at the applicable entry and exit points across the Union.

               (8)

               Whereas transmission system operators possess detailed information about the physical use of the system and are best placed to assess future flows, it is appropriate for them to determine an amount of additional capacity to be made available in addition to the calculated technical capacity. By offering more firm capacity than technically available through taking into consideration flow scenarios and contracted capacities, transmission system operators take a risk that should be rewarded accordingly. For the purpose of determining transmission system operators’ revenues, such additional capacity should however only be allocated if all other capacity, including capacity resulting from the application of other congestion-management procedures, has been allocated. Transmission system operators should closely cooperate to set the technical capacity. In order to resolve a potential situation of physical congestion the transmission system operators should apply the most cost-effective measure, including either buying back capacity or taking other technical or commercial measures.

               (9)

               Regulation (EC) No 715/2009 should therefore be amended accordingly.

               (10)

               The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 51 of Directive 2009/73/EC of the European Parliament and of the Council (4),

         HAS ADOPTED THIS DECISION:
   Article 1
   Annex I to Regulation (EC) No 715/2009 is amended in accordance with the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 24 August 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 211, 14.8.2009, p. 36.

      (2)  OJ L 289, 3.11.2005, p. 1.

      (3)  OJ L 211, 14.8.2009, p. 1.

      (4)  OJ L 211, 14.8.2009, p. 94.

      ANNEX
      Annex I to Regulation (EC) No 715/2009 is amended as follows:

                  1.

                  point 2.2 is replaced by the following:
                  ‘2.2.   Congestion management procedures in the event of contractual congestion

                  2.2.1.   General Provisions

                              1.

                              The provisions of point 2.2 shall apply to interconnection points between adjacent entry-exit systems, irrespective of whether they are physical or virtual, between two or more Member States or within the same Member State in so far as the points are subject to booking procedures by users. They may also apply to entry points from and exit points to third countries, subject to the decision of the relevant national regulatory authority. Exit points to end-consumers and distribution networks, entry points from LNG terminals and production facilities, and entry-exit points from and to storage facilities are not subject to the provisions of point 2.2.

                              2.

                              On the basis of the information published by the transmission system operators pursuant to Section 3 of this Annex and, where appropriate, validated by national regulatory authorities, the Agency shall publish by 1 March of every year, commencing with the year 2014, a monitoring report on congestion at interconnection points with respect to firm capacity products sold in the preceding year, taking into consideration to the extent possible capacity trading on the secondary market and the use of interruptible capacity.

                              3.

                              Any additional capacity made available through the application of one of the congestion-management procedures as provided for in points 2.2.2, 2.2.3, 2.2.4 and 2.2.5 shall be offered by the respective transmission system operator(s) in the regular allocation process.

                              4.

                              The measures provided for in points 2.2.2, 2.2.4 and 2.2.5 shall be implemented as of 1 October 2013. Points 2.2.3(1) to 2.2.3(5) shall apply as of 1 July 2016.

                        2.2.2.   Capacity increase through oversubscription and buy-back scheme

                              1.

                              Transmission system operators shall propose and, after approval by the national regulatory authority, implement an incentive-based oversubscription and buy-back scheme in order to offer additional capacity on a firm basis. Before implementation, the national regulatory authority shall consult with the national regulatory authorities of adjacent Member States and take account of the adjacent national regulatory authorities’ opinions. Additional capacity is defined as the firm capacity offered in addition to the technical capacity of an interconnection point calculated on the basis of Article 16(1) of this Regulation.

                              2.

                              The oversubscription and buy-back scheme shall provide transmission system operators with an incentive to make available additional capacity, taking account of the technical conditions, such as the calorific value, temperature and expected consumption, of the relevant entry-exit system and the capacities in adjacent networks. Transmission system operators shall apply a dynamic approach with regard to the recalculation of the technical or additional capacity of the entry-exit system.

                              3.

                              The oversubscription and buy-back scheme shall be based on an incentive regime reflecting the risks of transmission system operators in offering additional capacity. The scheme shall be structured in such a way that revenues from selling additional capacity and costs arising from the buy-back scheme or measures pursuant to paragraph 6 are shared between the transmission system operators and the network users. National regulatory authorities shall decide on the distribution of revenues and costs between the transmission system operator and the network user.

                              4.

                              For the purpose of determining transmission system operators’ revenues, technical capacity, in particular surrendered capacity as well as, where relevant, capacity arising from the application of firm day-ahead use-it-or-lose-it and long term use-it-or-lose-it mechanisms, shall be considered to be allocated prior to any additional capacity.

                              5.

                              In determining the additional capacity, the transmission system operator shall take into account statistical scenarios for the likely amount of physically unused capacity at any given time at interconnection points. It shall also take into account a risk profile for offering additional capacity which does not lead to excessive buy-back obligation. The oversubscription and buy-back scheme shall also estimate the likelihood and the costs of buying back capacity on the market and reflect this in the amount of additional capacity to be made available.

                              6.

                              Where necessary to maintain system integrity, transmission system operators shall apply a market-based buy-back procedure in which network users can offer capacity. Network users shall be informed about the applicable buy-back procedure. The application of a buy-back procedure is without prejudice to the applicable emergency measures.

                              7.

                              Transmission system operators shall, before applying a buy-back procedure, verify whether alternative technical and commercial measures can maintain system integrity in a more cost-efficient manner.

                              8.

                              When proposing the oversubscription and buy-back scheme the transmission system operator shall provide all relevant data, estimates, and models to the national regulatory authority in order for the latter to assess the scheme. The transmission system operator shall regularly report to the national regulatory authority on the functioning of the scheme and, upon request of the national regulatory authority, provide all relevant data. The national regulatory authority may request the transmission system operator to revise the scheme.

                        2.2.3.   Firm day-ahead use-it-or-lose-it mechanism

                              1.

                              National regulatory authorities shall require transmission system operators to apply at least the rules laid down in paragraph 3 per network user at interconnection points with respect to altering the initial nomination if, on the basis of the yearly monitoring report of the Agency in accordance with point 2.2.1(2), it is shown that at interconnection points demand exceeded offer, at the reserve price when auctions are used, in the course of capacity allocation procedures in the year covered by the monitoring report for products for use in either that year or in one of the subsequent two years,

                                          (a)

                                          for at least three firm capacity products with a duration of one month or

                                          (b)

                                          for at least two firm capacity products with a duration of one quarter or

                                          (c)

                                          for at least one firm capacity product with a duration of one year or more or

                                          (d)

                                          where no firm capacity product with a duration of one month or more has been offered.

                              2.

                              If, on the basis of the yearly monitoring report, it is shown that a situation as defined in paragraph 1 is unlikely to reoccur in the following three years, for example as a result of capacity becoming available from physical expansion of the network or termination of long-term contracts, the relevant national regulatory authorities may decide to terminate the firm day-ahead use-it-or-lose-it mechanism.

                              3.

                              Firm renomination is permitted up to 90 % and down to 10 % of the contracted capacity by the network user at the interconnection point. However, if the nomination exceeds 80 % of the contracted capacity, half of the non-nominated volume may be renominated upwards. If the nomination does not exceed 20 % of the contracted capacity, half of the nominated volume may be renominated downwards. The application of this paragraph is without prejudice to the applicable emergency measures.

                              4.

                              The original holder of the contracted capacity may renominate the restricted part of its contracted firm capacity on an interruptible basis.

                              5.

                              Paragraph 3 shall not apply to network users — persons or undertakings and the undertakings they control pursuant to Article 3 of Regulation (EC) No 139/2004 — holding less than 10 % of the average technical capacity in the preceding year at the interconnection point.

                              6.

                              On interconnection points where a firm day-ahead use-it-or-lose-it mechanism in accordance with paragraph 3 is applied, an evaluation of the relationship with the oversubscription and buy-back scheme pursuant to point 2.2.2 shall be carried out by the national regulatory authority, which may result in a decision by the national regulatory authority not to apply the provisions of point 2.2.2 at those interconnection points. Such a decision shall be notified, without delay, to the Agency and the Commission.

                              7.

                              A national regulatory authority may decide to implement a firm day-ahead use-it-or-lose-it mechanism pursuant to paragraph 3 on an interconnection point. Before adopting its decision, the national regulatory authority shall consult with the national regulatory authorities of adjacent Member States. In adopting its decision the national regulatory authority shall take account of the adjacent national regulatory authorities’ opinions.

                        2.2.4.   Surrender of contracted capacity

                  Transmission system operators shall accept any surrender of firm capacity which is contracted by the network user at an interconnection point, with the exception of capacity products with a duration of a day and shorter. The network user shall retain its rights and obligations under the capacity contract until the capacity is reallocated by the transmission system operator and to the extent the capacity is not reallocated by the transmission system operator. Surrendered capacity shall be considered to be reallocated only after all the available capacity has been allocated. The transmission system operator shall notify the network user without delay of any reallocation of its surrendered capacity. Specific terms and conditions for surrendering capacity, in particular for cases where several network users surrender their capacity, shall be approved by the national regulatory authority.
                  2.2.5.   Long-term use-it-or-lose-it mechanism

                              1.

                              National regulatory authorities shall require transmission system operators to partially or fully withdraw systematically underutilised contracted capacity on an interconnection point by a network user where that user has not sold or offered under reasonable conditions its unused capacity and where other network users request firm capacity. Contracted capacity is considered to be systematically underutilised in particular if:

                                          (a)

                                          the network user uses less than on average 80 % of its contracted capacity both from 1 April until 30 September and from 1 October until 31 March with an effective contract duration of more than one year for which no proper justification could be provided; or

                                          (b)

                                          the network user systematically nominates close to 100 % of its contracted capacity and renominates downwards with a view to circumventing the rules laid down in point 2.2.3(3).

                              2.

                              The application of a firm day-ahead use-it-or-lose-it mechanism shall not be regarded as justification to prevent the application of paragraph 1.

                              3.

                              Withdrawal shall result in the network user losing its contracted capacity partially or completely for a given period or for the remaining effective contractual term. The network user shall retain its rights and obligations under the capacity contract until the capacity is reallocated by the transmission system operator and to the extent the capacity is not reallocated by the transmission system operator.

                              4.

                              Transmission system operators shall regularly provide national regulatory authorities with all the data necessary to monitor the extent to which contracted capacities with effective contract duration of more than one year or recurring quarters covering at least two years are used.’;

                  2.

                  point 3.1.1(1) is amended as follows:

                              (a)

                              point (e) is replaced by the following:

                                          ‘(e)

                                          in a downloadable format that has been agreed between transmission system operators and the national regulatory authorities — on the basis of an opinion on a harmonised format that shall be provided by the Agency — and that allows for quantitative analyses;’;

                              (b)

                              the following point (h) is added:

                                          ‘(h)

                                          all data shall be made available as of 1 October 2013 on one Union-wide central platform, established by ENTSOG on a cost-efficient basis.’;

                  3.

                  in point 3.3(1) the following points (h), (i), (j), (k) and (l) are added:

                              ‘(h)

                              occurrence of unsuccessful, legally valid requests for firm capacity products with a duration of one month or longer including the number and volume of the unsuccessful requests; and

                              (i)

                              in the case of auctions, where and when firm capacity products with a duration of one month or longer have cleared at prices higher than the reserve price;

                              (j)

                              where and when no firm capacity product with a duration of one month or longer has been offered in the regular allocation process;

                              (k)

                              total capacity made available through the application of the congestion-management procedures laid down in points 2.2.2, 2.2.3, 2.2.4 and 2.2.5 per applied congestion-management procedure;

                              (l)

                              points (h) to (k) shall apply from 1 October 2013.’.


title: 2014/451/EU: Council Decision of 26 May 2014 on the signing and conclusion of the Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)

text:
               12.7.2014

               EN

               Official Journal of the European Union

               L 205/2

         COUNCIL DECISION
   of 26 May 2014
   on the signing and conclusion of the Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)

      (2014/451/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               Article 10(4) of Council Decision 2013/233/CFSP of 22 May 2013 on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (1) provides that detailed arrangements regarding the participation of third States in EUBAM Libya are to be covered by agreements concluded pursuant to Article 37 of the Treaty on European Union and additional technical arrangements as necessary.

               (2)

               Following the adoption of a Decision by the Council on 17 March 2014 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy negotiated a Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (the ‘Participation Agreement’).

               (3)

               The Participation Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Participation Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) is hereby approved on behalf of the Union.
   The text of the Participation Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Participation Agreement in order to bind the Union.
   Article 3
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 9(1) of the Participation Agreement.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 26 May 2014.

            For the Council,

            The President

         Ch. VASILAKOS

      (1)  OJ L 138, 24.5.2013, p. 15.


title: 2011/561/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section VII — Committee of the Regions

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/101

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section VII — Committee of the Regions
   (2011/561/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2009 (1),
   having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 – C7-0217/2010) (2),
   having regard to the Committee of the Regions’ annual report to the discharge authority on internal audits carried out in 2009,
   having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2009, together with the institutions’ replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 287 of the Treaty on the Functioning of the European Union (4),
   having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0139/2011),

               1.

               Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the Committee of the Regions budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2009.

      (2)  OJ C 308, 12.11.2010, p. 1.

      (3)  OJ C 303, 9.11.2010, p. 1.

      (4)  OJ C 308, 12.11.2010, p. 129.

      (5)  OJ L 248, 16.9.2002, p. 1.
    ---documentbreak---

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/102

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section VII — Committee of the Regions
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2009 (1),
   having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 — C7-0217/2010) (2),
   having regard to the Committee of the Regions’ annual report to the discharge authority on internal audits carried out in 2009,
   having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2009, together with the institutions’ replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 287 of the Treaty on the Functioning of the European Union (4),
   having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0139/2011),

               1.

               Notes that in 2009 the Committee of the Regions (CoR) had commitment appropriations available amounting to a total of EUR 88 000 000 (EUR 93 000 000 in 2008), with a utilisation rate of 98,37 %, which is above the average of the other institutions (97,69 %);

               2.

               Notes that the Court of Auditors indicated in its annual report that the audit did not give rise to any significant observations as regards the CoR;

               3.

               Notes that the CoR obtained 10 more posts in 2009 (and 4 more in 2010); welcomes the adoption of the flexitime regulation, which entered into force on 1 January 2011; notes the CoR’s efforts in exploring the possibilities of teleworking; also notes the considerable increase of the CoR’s training budget (up 12 % compared to 2008) and increase in the number of training courses, with a shift towards more targeted courses aimed at enhancing knowledge in a specific field;

               4.

               Notes with satisfaction that in 2009 the CoR updated its budget-analytical monitoring tool (BudgetWatch), providing more comprehensive information on the CoR’s budget, facilitating the implementation of the CoR’s budgetary resources and identifying the areas which require management attention;

               5.

               Notes with satisfaction that according to the comments of the CoR in response to the Parliament’s resolution of 5 May 2010 on discharge for the financial year 2008 (6), the Administrative Cooperation Agreement between the CoR and the European Economic and Social Committee (EESC) for the period 2008 to 2014 is sufficiently implemented and notes that no further needs have been identified at the moment to improve practical aspects, and that the committees remain attentive to the need to maintain a high level of harmonisation and this is assured by the governance structure of the Administrative Cooperation Agreement; invites the CoR and the EESC to communicate whether the de-coupling resulting from that agreement has been budget neutral, and to report to the discharge authority on the results of the mid-term review of that agreement, due in 2011;

               6.

               Notes the efforts in the area of interinstitutional cooperation, in particular, the ongoing introduction of the staff management system ‘Sysper2’, and the preparations carried out to that effect;

               7.

               Notes that the Internal Audit Service (IAS) carried out audits on the adequacy of budget planning systems (concluded in 2009), and on the conformity of rights establishment in progress, as well as follow-ups on mission expenses, on studies and expert advice, and the second follow-up on application of internal control standards and adequacy of financial circuits; notes that as regards the latter, despite this being the second follow-up, it still demonstrated a relatively low result indicator (i.e. the number of recommendations implemented within 12 months); also notes that the planned study on the quality of the IAS function did not take place;

               8.

               Reconfirms its position that, in the interests of transparency, declarations of financial interests of members of all Union institutions should be accessible on the Internet via a public register; reminds the CoR of its request that CoR members declare their financial interests, disclosing relevant information on declarable professional activities and remunerated posts or activities; notes with satisfaction the CoR response on the matter, in particular, the letter of the president of the CoR of 11 February 2011; requests the CoR to follow up this issue in its Annual Activity Report;

               9.

               Commends the CoR for the consistently high quality of its Annual Activity Reports, and welcomes the inclusion of the follow-up to the Parliament’s previous discharge decisions;

               10.

               Calls on the CoR to undertake urgently during 2011 a comprehensive spending review of all areas of activity to ensure all expenditure is delivering value for money in order to identify possible savings which would reduce the pressure on the budget in this period of austerity.

      (1)  OJ L 69, 13.3.2009.

      (2)  OJ C 308, 12.11.2010, p. 1.

      (3)  OJ C 303, 9.11.2010, p. 1.

      (4)  OJ C 308, 12.11.2010, p. 129.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ L 252, 25.9.2010, p. 98.


title: Council Decision (CFSP) 2017/1933 of 23 October 2017 amending Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in Burundi

text:
               24.10.2017

               EN

               Official Journal of the European Union

               L 273/9

         COUNCIL DECISION (CFSP) 2017/1933
   of 23 October 2017
   amending Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in Burundi
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 1 October 2015, the Council adopted Decision (CFSP) 2015/1763 (1), concerning restrictive measures in view of the situation in Burundi.

               (2)

               On the basis of a review of Decision (CFSP) 2015/1763, the restrictive measures should be renewed until 31 October 2018.

               (3)

               Decision (CFSP) 2015/1763 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The second paragraph of Article 6 of Decision (CFSP) 2015/1763 is replaced by the following:

      ‘It shall apply until 31 October 2018.’.

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

      Done at Luxembourg, 23 October 2017.

            For the Council

            The President

         K. IVA

      (1)  Council Decision (CFSP) 2015/1763 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi (OJ L 257, 2.10.2015, p. 37).


title: Commission Decision of 15 February 1978 fixing the minimum selling prices for frozen beef put up for sale by the intervention agencies in accordance with Regulation (EEC) No 2900/77 and specifying the quantities of frozen beef for processing which may be imported under special terms in the first quarter of 1978

text:
No L 69 /36                                Official Journal of the European Communities                                 11 . 3 . 78
                                                     COMMISSION DECISION
                                                         of 15 February 1978
               fixing the minimum selling prices for frozen beef put up for sale by the interven
               tion agencies in accordance with Regulation (EEC) No 2900/77 and specifying
               the quantities of frozen beef for processing which may be imported under
                                            special terms in the first quarter of 1978
                                                             (78/258 / EEC)
THE COMMISSION OF THE EUROPEAN                                          Whereas the detailed rules for the application of the
COMMUNITIES,                                                            special import arrangements for certain types of
                                                                        frozen beef intended for processing were laid down in
                                                                        Commission Regulation (EEC) No 597/77 of 18
Having regard to the Treaty establishing the European                   March 1 977 (7), as last amended by Regulation (EEC)
Economic Community,                                                     No 2901 /77 (8) ; whereas the system of import licences
                                                                        for these products was laid down in Regulation (EEC)
                                                                        No 585/77 of 18 March 1977 (9), as last amended by
Having regard to Council Regulation (EEC) No
                                                                        Regulation (EEC) No 2901 /77 ;
805/68 of 27 June 1968 on the common organization
of the market in beef and veal ('), as last amended by
Regulation (EEC) No 425/77 (2), and in particular Arti                 Whereas the measures provided for in this Decision
cles 7 (3) and 14 (4) (a) thereof,                                      are in accordance with the opinion of the Manage
                                                                        ment Committee for Beef and Veal,
Whereas, pursuant to Article 1 1 of Commission Regu
lation (EEC) No 216/69 of 4 February 1969 on
detailed rules of application for the disposal of frozen
                                                                        HAS ADOPTED THIS DECISION :
beef and veal bought in by intervention agencies (3),
the minimum selling prices for the products put up
for sale by tender should be fixed taking into account
tenders submitted ;                                                                               Article 1
Whereas, in accordance with Commission Regulation                        1 . The minimum selling prices for frozen beef
(EEC) No 2900/77 of 22 December 1977 laying down                        stored by the intervention agencies which are to be
detailed rules for the sale of beef held by the interven               adopted for the invitation to tender held in accor
tion agencies to enable the import with total suspen                   dance with Regulation (EEC) No 2900/77, for which
sion of the levy of frozen beef and veal intended for                   the time limit for submitting tenders was 30 January
processing (4), as amended by Regulation (EEC) No                        1978 , shall be as set out in the Annex to this Deci
                                                                        sion .
 148/78 (5), tenders have been invited for certain quanti
ties of frozen beef ; whereas consequently the
minimum selling prices should be fixed ;                                2. Tenders submitted in response to the invitation
                                                                        referred to in paragraph 1 shall be rejected unless they
                                                                        are for the products listed in the Annex.
Whereas Council Estimate of 13 December 1977 of
supply and demand for beef and veal in the
processing industry for the period 1 January to 31
December 1978 (6) concluded that the deficit of meat                                              Article 2
suitable for processing would be 50 000 tonnes ;
                                                                        For the period 1 January to 31 March 1978 the
                                                                        maximum quantities, expressed as bone-in beef, as
Whereas pursuant to Article 14 (4) (a) of Regulation
                                                                        referred to in Article 14 (4) (a) of Regulation (EEC) No
(EEC) No 805/68 the quantity which may be                               805/68 shall be :
imported quarterly must be fixed separately for the
meat referred to in paragraph 1 (a) and (b) thereof ;                   (a) 5 027 tonnes in respect of meat intended for the
                                                                              manufacture of 'preserved food' as defined in
(')  OJ No   L 148 , 28 . 6. 1968 , p. 24 .                                   Article 1 (5) of Regulation (EEC) No 597/77 ;
(2 ) OJ No   L 61 , 5 . 3 . 1977, p. 1 .
(3 ) OJ No   L 28 , 5 . 2. 1969 , p. 10 .
 4)  OJ No   L 338 , 28 . 12. 1977, p. 6 .                              ( 7) OJ No L 76, 24. 3 . 1977, p. 1 .
(5 ) OJ No   L 22, 27 . 1 . 1978 , p. 18 .                              (8) OJ No L 338 , 28 . 12. 1977, p. 9 .
(b)  OJ No   L 330 , 23 . 12. 1977, p . 30 .                            (9) OJ No L 75, 23 . 3 . 1977, p. 5.
 ---pagebreak---  11 . 3 . 78                       Official Journal of the European Communities                        No L 69 / 37
(b) 7 816 tonnes in respect of meat intended for the          Done at Brussels, I S February 1978 .
      manufacture of products defined in Article 1 (6) of
      Regulation ( EEC) No 597/ 77 .                                                  For the Com mission
                        Article 3                                                      Finn GUNDELACH
This Decision is addressed to the Member States .                                         Vice-President
 ---pagebreak--- No L 69 /38                                  Official Journal of the European Communities                                                 11 . 3 . 78
                          ANNEXE — ANHANG — ALLEGATO — BIJLAGE — ANNEX — BILAG
                                                    BUNDESREPUBLIK DEUTSCHLAND (')
                                                                                Prix de vente minimaux
                                                                                Mindestverkaufspreise
                                                                                Prezzi minimi di vendita
                                                                                Minimumverkoopprijzen
                                        Produits —- Erzeugnisse — Prodotti                                   Minimum selling prices
                                       Produkten — Products — Produkter                                          Mindstesalgspriser
                                                                                UC / t — RE / t — UC / t — RE / ton —
                                                                                u.a./ tonne — RE/ ton
                                                                                A                         B
            Bullen A :
                  Vorderviertel, gerade Schnittführung mit 8 Rippen                                      1 758                     2 007
            (1)   Avis d adjudication n» D P — 1 , JO n» C 11 du 13 . 1 . 1978 , p. 27 .
            (J)   Ausschreibung Nr. DP — 1 , ABl . Nr. C 11 vom 13 . 1 . 1978 , S. 27.
            (3 )  Bando di gara n . D P — 1 , GU n . C 11 del 13 . 1 . 1978 , pag. 27 .
            (')   Bericht van inschrijving nr. D P — 1 , PB nr. C 11 van 13 , 1 , 1978 , biz. 27 .
            (l)   Notice of invitation to tender No DP — 1 , OJ No C 11 , 13 . 1 . 1978 , p . 27 .
            (')   Licitationsbekendtgørelse nr. D P — 1 , EFT nr. C 11 af 13 . 1 . 1978 , s . 27 .
                                                                       DANMARK (2)
                                                                                Prix de vente minimaux
                                                                                Mindestverkaufspreise
                                                                                Prezzi minimi di vendita
                                                                                Minimumverkoopprijzen
                                        Produits — Erzeugnisse — Prodotti                                    Minimum selling prices
                                       Produkten — Products — Produkter                                          Mindstesalgspriser
                                                                                UC / t — RE / t — UC / t — RE/ ton —
                                                                                u.a./ tonne — RE / ton
                                                                                A                         B
              Ungtyre 1, kvalitet :
                  Bryst og slag                                                                           1 657                     2 030
              Tyre prima kvalitet :
                  Bryst og slag                                                                             —
                                                                                2010
             (2 ) Avis d adjudication n° DK P — 1 , JO no C 11 du 13 . 1 . 1978 , p . 24.
             (2 ) Ausschreibung Nr. DK P — l , ABl . Nr . C 11 vom 13 . 1 . 1978 , S. 24 .
             (2) Bando di gara n. DK P — 1 , GU n . C 11 del 13. 1 . 1978, pag. 24.
             (2) Bericht van inschrijving nr. DK P — 1 , PB nr. C 11 van 13 . 1 . 1978 , biz . 24 .
             (2) Notice of invitation to tender No DK P — 1 , OJ No . C 11 , 13 . 1 . 1978 , p. 24.
             (2 ) Licitationsbekendtgørelse nr. DK P — 1 , EFT nr. C 11 af 13 . 1 . 1978 , s . 24 .
 ---pagebreak--- 11 . 3 . 78                                 Official Journal of the European Communities                                                  No L 69 / 39
                                                                       IRELAND (')
                                                                                Prix de vente minimaux
                                                                                Mindestverkaufspreise
                                                                                Prezzi minimi di vendita
                                                                                Minimumverkoopprijzen
                                       Produits — Erzeugnisse — Prodotti                                     Minimum selling prices
                                      Produkten — Products — Produkter                                           Mindstesalgspriser
                                                                                UC/ t — RE/ t — UC/ t — RE/ton —
                                                                                u.a./tonne — RE/ton
                                                                                A                         B
            Steers 1 and 2 and Heifers 2 :
                 forequarters excluding cube rolls                                                       2 150                     2 325
                 plates and flanks                                                                        1 618                    1 803
            (')  Avis d adjudication n° IRL P — 1 , JO n° C 11 du 13 . 1 . 1978 , p . 36.
            (')  Ausschreibung Nr. IRL P — 1 , ABl . Nr. C 11 vom 13 . 1 . 1978 , S. 36.
            (l)  Bando di gara n . IRL P — 1 , GU n . C U del 13 . 1 . 1978 , pag. 36 .
            (')  Bericht van inschrijving nr. IRL P — 1 , PB nr. C 11 van 13 . 1 . 1978 , biz. 36 .
            (')  Notice of invitation to tender No IRL P — 1 , OJ No C 11 , 13 . 1 . 1978 , p. 36 .
            (')  Licitationsbekendtgørelse nr . IRL P — 1 , EFT nr . C 11 af 13 . 1 . 1978 , s . 36 .
                                                                         ITALIA (2)
                                                                                Prix de vente minimaux
                                                                                Mindestverkaufspreise
                                                                                Prezzi minimi di vendita
                                                                                Minimumverkoopprijzen
                                       Produits — Erzeugnisse — Prodotti                                     Minimum selling prices
                                       Produkten — Products — Produkter                                          Mindstesalgspriser
                                                                                UC/t — RE/t — UC/t — RE/ton —
                                                                                u.a./ tonne — RE/ ton
                                                                                A                         B
              Vitelloni 1 :
                 Quarti anteriori, taglio a 8 costole, il pancettone fa parte
                 del quarto anteriore                                                                     1 601                     1 820
              Vitelloni 2 :
                 Quarti anteriori, taglio a 8 costole, il pancettone fa parte
                 del quarto anteriore                                                                       —                  -    1 757
            (2) Avis d adjudication n° IT P — 1 , JO no C 11 du 13 . 1 . 1978 , p. 35.
            (2) Ausschreibung Nr. IT P — 1 , ABl . Nr. C 11 vom 13 . 1 . 1978, S. 35 .
            (2)  Bando di gara n . IT P — 1 , GU n . C U del 13 . 1 . 1978 , pag. 35.
            (2)  Bericht van inschrijving nr. IT P — 1 , PB nr. C 11 van 13 . 1 . 1978 , biz . 35 .
            ( 2) Notice of invitation to tender No IT P — 1 , OJ No C 11 , 13 . 1 . 1978 , p. 35 .
            (2)  Licitationsbekendtgørelse nr. IT P — 1 , EFT nr. C 11 af 13 . 1 . 1978, s. 35 .
 ---pagebreak--- No L 69 /40                                  Official Journal of the European Communities                                             11 . 3 . 78
                                                                  NEDERLAND >)
                                                                                Prix de vente minimaux
                                                                                Mindestverkaufspreise
                                                                                Prezzi minimi di vendita
                                                                                Minimumverkoopprijzen
                                       Produits — Erzeugnisse — Prodotti                                 Minimum selling prices
                                      Produkten — Products — Produkter                                       Mindstesalgspriser
                                                                                UC/t — RE/t — UC/t — RE/ton —
                                                                                u.a./tonne — RE/ton
                                                                                A                         B
            Stieren, le kwaliteit :
                 Voorvoeten, op 8 ribben recht afgesneden                                             1 675                    1 933
              Vaarzen, Ie kwaliteit :
                 Voorvoeten, op 8 ribben recht afgesneden                                             1 620                      —
            (>)  Avis d adjudication no NL P — 1 , JO n" C 11 du 13 . 1 . 1978, p. 31 .
            (l)  Ausschreibung Nr. NL P — 1 , ABl . Nr. C 11 vom 13 . 1 . 1978 , S. 31 .
            (])  Bando di gara n . NL P — 1 , GU n . C 11 del 13 . 1 . 1978 , pag. 31 .
            (!)  Bericht van inschrijving nr. NL P — 1 , PB nr. C 11 van 13 . 1 . 1978 , biz. 31 .
            H)   Notice of invitation to tender No NL P — 1 , OJ No C 11 > 13 . 1 . 1978 , p. 31 .
            f1)  Licitationsbekendtgørelse nr. NL P — 1 , EFT nr. C 11 af 13 . 1 . 1978 , s . 31 .
                                                              UNITED KINGDOM 2)
                                                                                Prix de vente minimaux
                                                                                Mindestverkaufspreise
                                                                                Prezzi minimi di vendita
                                                                                Minimumverkoopprijzen
                                       Produits — Erzeugnisse — Prodotti                                 Minimum selling prices
                                      Produkten — Products — Produkter                                       Mindstesalgspriser
                                                                                UC/t — RE/t — UC/t — RE/ton —
                                                                                u.a./ tonne — RE/ ton
                                                                                A                         B
             Steers M, H, UM, UH and T :
                 forequarters straight cut at 1 0th rib                                               1 650                     1 858
             Heifers M/H and T:
                 forequarters straight cut at 10th rib                                                1 584                       —
             (2) Avis d adjudication n° UK P — 1 , JO n° C 11 du 13 . 1 . 1978 , p . 21 .
            (2 ) Ausschreibung Nr. UK P — 1 , ABl . Nr. C 11 vom 13 . 1 . 1978 , S. 21 .
            (2)  Bando di gara n . UK P — 1 , GU n . C 11 del 13 . 1 . 1978 , pag. 21 .
             (2) Bericht van inschrijving nr. UK P — 1 , PB nr. C 11 van 13 . 1 . 1978 , biz. 21 .
            (2)  Notice of invitation to tender No UK P — 1 , OJ No C 11 , 13 . 1 . 1978 , p. 21 .
            (2)  Licitationsbekendgørelse nr. UK P — 1 , EFT nr. C 11 af 13 . 1 . 1978 , s . 21 .
 ---pagebreak--- 11 . 3 . 78                        Official Journal of the European Communities                                        No L 69 /41
            A. Applicable seulement aux offres qui indiquent 1 intention d importer de la viande congelée desti
               née à la transformation définie à l'article 1 er paragraphe 5 du règlement (CEE) n° 597/77 .
            A. Anwendbar nur für solche Angebote, in denen die Absicht angegeben ist, zur Verarbeitung be
               stimmtes Gefrierfleisch, wie im Artikel 1 Absatz 5 der Verordnung (EWG) Nr. 597/77 umschrie
               ben , einzuführen .
            A. Applicabile esclusivamente alle offerte che specifichino l'intenzione di procedere ali importazione
               di carni congelate destinate alla trasformazione descritta all'articolo 1 , paragrafo 5, del regolamen
               to (CEE) n . 597/77.
            A. Slechts toe te passen voor aanbiedingen , waarin het voornemen wordt vermeld het voor verwer
               king bestemde bevroren vlees zoals in artikel 1 , lid 5, van Verordening (EEG) nr. 597/77 om
               schreven , in te voeren .
            A. Applicable only to tenders which indicate the intention to. import frozen meat intended for pro
               cessing as defined in Article 1 (5) of Regulation (EEC) No 597/77.
            A. Finder kun anvendelse pa bud med angivelse af hensigt til at indføre frosset kød bestemt til
               forarbejdning, som defineret i artikel 1 , stk. 5, i forordning (EØF) nr. 597/77.
            B. Applicable seulement aux offres qui indiquent 1 intention d importer de la viande congelée desti
               née à la transformation définie à l'article 1 er paragraphe 6 du règlement (CEE) n» 597/77.
            B. Anwendbar nur für solche Angebote, in denen die Absicht angegeben ist, zur Verarbeitung be
               stimmtes Gefrierfleisch, wie im Artikel 1 Absatz 6 der Verordnung (EWG) Nr. 597/77 umschrie
               ben , einzuführen .
            B. Applicabile esclusivamente alle offerte che specifichino 1 intenzione di procedere ali importazione
               di carni congelate destinate alla trasformazione descritta all'articolo 1 , paragrafo 6, del regolamen
               to (CEE) n . 597/77 .
            B. Slechts toe te passen voor aanbiedingen, waarin het voornemen wordt vermeld het voor verwer
               king bestemde bevroren vlees zoals in artikel 1 , lid 6, van Verordening (EEG) nr. 597/77 om
               schreven , in te voeren .
            B. Applicable only to tenders which indicate the intention to import frozen meat intended for pro
               cessing as defined in Article 1 (6) of Regulation (EEC) No 597/77.
            B. Finder kun anvendelse pa bud med angivelse af hensigt til at indføre frosset kød bestemt til
               forarbejdning, som defineret i artikel 1 , stk . 6, i forordning (EØF) nr. 597/77.


title: Council Decision (EU) 2017/434 of 13 February 2017 on the signing, on behalf of the Union, and provisional application of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part

text:
               14.3.2017

               EN

               Official Journal of the European Union

               L 67/1

         COUNCIL DECISION (EU) 2017/434
   of 13 February 2017
   on the signing, on behalf of the Union, and provisional application of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207 and 209, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,
   Having regard to the joint proposal from the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               In November 2011, the Council authorised the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to open negotiations with the Islamic Republic of Afghanistan on a Cooperation Agreement on Partnership and Development (‘the Agreement’).

               (2)

               Negotiations on the Agreement were successful and the Agreement was initialled on 2 July 2015 in Kabul.

               (3)

               Article 59 of the Agreement provides for the provisional application of the Agreement before its entry into force.

               (4)

               The Agreement should be signed on behalf of the Union and certain provisions of the Agreement should be applied on a provisional basis, pending the completion of the procedures necessary for its conclusion.

               (5)

               The signing of the Agreement on behalf of the Union and the provisional application of parts of the Agreement between the Union and the Islamic Republic of Afghanistan are without prejudice to the allocation of competences between the Union and its Member States in accordance with the Treaties,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The signing on behalf of the Union of the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part, is hereby authorised, subject to the conclusion of the said Agreement.
   2.   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   1.   Pending its entry into force, in accordance with Article 59 of the Agreement and subject to the notifications provided for therein, the following parts of the Agreement shall be applied provisionally between the Union and the Islamic Republic of Afghanistan, but only to the extent that they cover matters falling within the Union's competence, including matters falling within the Union's competence to define and implement a common foreign and security policy:

               (a)

               Article 2 (General principles);

               (b)

               Article 3 (Political dialogue);

               (c)

               Article 4 (Human rights);

               (d)

               Article 5 (Gender equality);

               (e)

               Title III (Development cooperation);

               (f)

               Title IV (Cooperation on trade and investment matters);

               (g)

               Article 28 (Cooperation on migration);

               (h)

               Title VII (Regional cooperation);

               (i)

               Title VIII (Institutional framework) to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement;

               (j)

               Title IX (Final provisions) to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement.

         2.   The date from which the parts of the Agreement referred to in paragraph 1 are to be provisionally applied shall be published in the Official Journal of the European Union by the General Secretariat of the Council.
   Article 4
   This Decision shall enter into force on the day following that of its adoption.

      Done at Brussels, 13 February 2017.

            For the Council

            The President

         L. GRECH