Important legal notice

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32003D0236(01)

European Parliament decision on the adoption of a Statute for Members of the European Parliament

Official Journal 068 E , 18/03/2004 P. 0115 - 0126

		P5_TA(2003)0236Statute for Members of the European ParliamentEuropean Parliament decision on the adoption of a Statute for Members of the European ParliamentTuesday 3 June 2003The European Parliament,— having regard to the Treaties establishing the European Communities, in particular Article 190(5) of the Treaty establishing the European Community [1]) and Article 108(4) of the Treaty establishing the European Atomic Energy Community [2],— having sought the opinion of the Commission,whereas:A. General considerations(1) The Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976 enabled the first direct election of representatives of the European Parliament to take place in 1979.(2) This Act contains no provisions either for a uniform electoral procedure or for a Statute for Members.(3) Council Decision 2002/772/EC, Euratom of 25 June 2002 and 23 September 2002 [3]), based on Article 190(4) of the EC Treaty, which has been inserted by the Treaty of Amsterdam, amended the 1976 Act to establish a uniform electoral procedure.(4) At present, more than 20 years after the first direct elections to the European Parliament, there is still no uniform statute for Members.(5) The solution provisionally adopted consists in the application to Members of the European Parliament of the same provisions, in general, as those applying to Members of the national parliaments in respect of Members' allowances, old-age pensions, survivors' pensions and other conditions governing the exercise of a Member's mandate (in the Netherlands, the allowance paid to Members of the European Parliament has been lower than that paid to Members of the national parliament since 1976).(6) These provisions vary greatly from one Member State to another.(7) Further provisions are contained in Articles 8, 9, and 10 of the Protocol on the privileges and immunities of the European Communities of 8 April 1965 (hereinafter: the Protocol) and Article4(1) and (2) of the 1976 Act (as amended by the decision amending the 1976 Act).(8) These provisions are supplemented by the European Parliament's rules on the reimbursement of costs (travel, subsistence, general expenditure), assistants (secretarial allowance) and social benefits (Article 199(1) of the EC Treaty).(9) This system was developed for the delegates appointed to the earlier parliamentary Assembly and is today regarded as unsatisfactory, because it results in unequal treatment for Members.(10) It is an outmoded system that must be replaced by rules tailored to the directly elected European Parliament and reflecting its increasing importance.(11) The European Parliament has sought to establish a uniform statute since the first direct elections. These attempts failed for lack of a legal basis.(12) The Treaty of Amsterdam, as amended by the Treaty of Nice, provides a legal basis for a Statute in Article 190(5) of the EC Treaty. This Statute is based on that Article.(13) The Statute falls within the scope of application of the EC Treaty, therefore, and consequently is subject to the prohibition of discrimination enshrined in Article 12 of the EC Treaty.(14) Article 190(5) of the EC Treaty is couched in general terms ('regulations and general conditions governing the performance of the duties of its Members'). This provision does not place any limitation on the European Parliament's regulatory powers that would restrict it to issuing rules in respect of financial conditions only, or only in respect of residual matters not covered by primary law.(15) The European Parliament's regulatory powers consequently also extend to the privileges and immunities regulated by Articles 8, 9, and 10 of the Protocol or to matters which have not yet been regulated, such as the right to refuse to testify, and to Article 4 of the 1976 Act (as amended by the decision amending the 1976 Act).(16) Provisions of the Statute that conflict with provisions of primary law may not enter into force unless and until an intergovernmental conference has decided to repeal the corresponding provisions of primary law and that decision has been ratified by the Member States (hierarchy of norms).(17) For the sake of legal certainty, the same procedure should be adopted in the case of new provisions which either incorporate the wording of the provisions of primary law or essentially mean the same.(18) Rules adopted by the European Parliament, being secondary law, do not need to be ratified.(19) The criterion of performance of Members' duties also serves to distinguish Article 190(5) from Article 190(4) of the EC Treaty. Provisions applicable in the pre-election phase (eligibility, electoral procedure, etc.), as well as those concerning the beginning and end of a Member's term of office, the verification of credentials, removal from office, replacement, and incompatibilities, should be regulated in the 1976 Act because they do not relate to the performance of the Members' duties.(20) Article 10 of the Protocol establishes the immunity of Members of Parliament. Although parliamentary immunity is a privilege of the European Parliament, it affords Members freedom from prosecution or any other curtailment of personal freedom by the State for the duration of their term of office. If immunity is waived, the exercise of the Member's mandate is possible only to a limited extent, if at all. Members' immunity is, therefore, a condition affecting the exercise of their mandate and, consequently, should be covered by the Statute.(21) Subjects, such as the privilege to decline to give evidence, which have not previously been dealt with in primary law, can be dealt with in the Statute.(22) The Statute does not contain any detailed provisions relating to the reimbursement of costs (travel, subsistence, general expenditure), assistants (secretarial allowance) and social benefits (Article 199(1) of the EC Treaty). The European Parliament may, on the basis of Article 199(1) of the EC Treaty, decide on such matters autonomously [4].(23) There is no reason to call this autonomy into question. Article 190(5) of the EC Treaty is intended to extend the European Parliament's powers to regulate its own affairs, not to curtail them.(24) According to Article 189(1) of the EC Treaty, the European Parliament shall consist of 'representatives of the peoples of the States brought together in the Community’. These representatives are referred to in Article 190(1) of the EC Treaty as the 'representatives in the European Parliament of the peoples of the States brought together in the Community’. The same term is used in Article 190(2) of the EC Treaty ('the number of representatives elected in each Member State’) and in Article 190(3) of the EC Treaty ('representatives shall be elected for a term of five years').(25) These provisions, whereby Members are the constitutional representatives of the peoples, are of a constitutional nature.(26) The term used in the Statute should be 'Member'.(27) The right of the European Parliament to regulate its own business, in accordance with Article 199(1) of the EC Treaty, is not affected by this Statute.B. With reference to individual provisions(28) Article 1 takes the concept of 'Member' and makes it clear that the Statute does not deal with Members' rights and obligations, but comprehensively covers the rules and general conditions applicable to the exercise of their mandate.(29) The freedom and independence of Members upheld in Article 2 require statutory protection and are not mentioned in any provision of primary law. Undertakings made by Members to relinquish their office at a given time, or declarations of their intent to relinquish office at an unspecified date which political parties can make use of at their discretion, are incompatible with Members' freedom and independence and so cannot be binding in law.(30) Protecting the freedom to vote and freedom of speech is a matter of fundamental public interest. Article 4(1), therefore, precludes a Member from being prosecuted or otherwise held to account for a statement made in the exercise of his or her mandate. Under Article 4(2), the European Parliament may decide whether a statement was made in the exercise of a Member's mandate. In such a case it is, as when verifying credentials in accordance with the provisions of the 1976 Act, functioning in a judicial capacity. In its decisions on immunity, which are certainly comparable, the European Parliament has consistently shown a sense of proportion and realism.(31) The immunity provided for in Article 5 protects Members from tendentious prosecution (fumus persecutionis) and restrictions imposed by the executive branch. As various cases decided on by the European Parliament show, there can be no question of these aspects no longer playing a role today. Immunity at all events touches on questions of equality, the division of powers and the rule of law. A further aim of immunity is to ensure the European Parliament's ability to function. These considerations suggest the following solution: criminal investigations and proceedings can be initiated against a Member at any time. There is no requirement for immunity to be waived. Current law is not helpful either to the European Parliament or to individual Members, as even straightforward offences such as road traffic offences have to be discussed in public. Any restriction on the personal freedom of a Member must, however, be conditional on the agreement of the European Parliament (to ensure the European Parliament's ability to function). It must be possible to suspend investigations and criminal proceedings at the insistence of the European Parliament if 'fumus persecutionis' is involved. Paragraph 2 provides these guarantees.(32) The entitlement to refuse to give evidence, for which Article 6 provides and which has not so far been regulated in primary law, protects a Member's freedom with regard to information and the relationship of trust between him/her and any person who has entrusted facts to him/her. It is a right vested in the individual, which applies in all procedures where a duty to give evidence exists, and the European Parliament cannot override it. The prohibition on seizure, searches and exploitation protects this entitlement. It would be absolutely unacceptable for journalists to have an entitlement to refuse to give evidence while Members did not.(33) The freedom of movement for Members provided for by Article 7, which is essentially a matter of course, has fresh significance because this freedom has recently been restricted by measures adopted by the authorities in connection with demonstrations.(34) Article 9 ensures that Members' records, documents, drafts, letters and other correspondence are excluded from any requirement of disclosure.(35) The right of initiative provided for in Article 10 is the key right of a Parliament and of every Member thereof. The Article makes it clear that the Rules of Procedure of the European Parliament cannot restrict the enjoyment of this right by every Member.(36) The right to inspect files, provided for by Article 11, which has already existed hitherto on the basis of the Rules of Procedure of the European Parliament, is an essential aspect of the exercise of a Member's mandate and should therefore be provided for by the Statute.(37) Article 12 is intended to ensure that, despite statements to the contrary, linguistic diversity will not in reality be further eroded. Any discrimination against any of the official languages must be excluded. This principle must continue to apply after any enlargement of the European Union.(38) Pursuant to Articles 15 and 16, Members are to receive an allowance in return for denying themselves a private career and — for a limited period — serving the European Union, their country and democracy in Europe. Regarding the amount of the allowance, a group of experts convened by the European Parliament submitted a study in May 2000. An allowance of 50 % of the basic salary of a judge at the Court of Justice of the European Communities falls well within the range which the experts deemed appropriate.(39) Article 15(3) is necessary because parties often expect the benefits referred to in paragraphs 1 and 2 to be used in part for their purposes. This form of party funding is illegal.(40) The transitional allowance provided for in Articles 15(2) and 19 is intended to bridge the period between the end of a Member's term of office and his/her taking up a new post. When the former Member takes up another mandate or assumes a public office, this purpose ceases to be relevant.(41) In the case of the old-age pension referred to in Article 20, the age when entitlement to it is to begin has been a matter of dispute. The group of experts proposed the age of 65 or — with an actuarial deduction — the age of 60. In accordance with Article 20(1), the old-age pension would become payable on the Member's 60th birthday. A Member who, after his/her education and some years of professional experience, is elected for the first time at age 35 or 40 and serves as a Member for twenty years, leaves Parliament aged 55 or 60. While he/she may reasonably be expected to take up an occupation outside Parliament at the age of 55, this is hardly the case at the age of 60. Calculations by Parliament's administration indicate that an actuarial deduction would be so large that this solution cannot be considered.(42) The arrangements for provision for survivors are essentially in line with current law in the European Community. The entitlement of a surviving spouse who has remarried is based on the modern idea that it relates to a personal benefit and is not intended merely as 'provision'. Such an entitlement is not ruled out even when a surviving spouse is 'provided for' by virtue of his or her own income or personal wealth.(43) The purpose of Article 24(1) and (2) is to alleviate on a long-term basis the burden on the budget of the European Union. The option of setting up a fund has proved its value in practice. The group of experts proposed that the European Parliament should contribute two-thirds and Members one-third.(44) Article 25 is necessary because when the Statute enters into force, Member States will cease to reimburse the costs that Members incur as a result of sickness or to pay part of medical insurance contributions. These benefits are often retained after a Member's term of office is over.(45) The provisions concerning the reimbursement of costs must respect the principles set out by the Court of Justice of the European Communities in the 'Lord Bruce' judgment [5].(46) According to that judgment 'it is a matter for the Parliament to decide which activities and travel of Members of the Parliament are necessary or useful for the performance of their duties and which expenses are necessary or useful in connection therewith. The autonomy granted to the Parliament in this matter in the interests of its proper functioning also implies the authority to refund travel and subsistence expenses of its Members not upon production of vouchers for each individual item of expenditure but on the basis of a system of fixed lump-sum reimbursements. The choice of this system (...) arises from a concern to reduce the administrative costs and burdens inherent in a system involving the verification of each individual item of expense and therefore represents sound administration' [6].(47) However, 'the allowances fixed in that manner must not exceed reasonable limits consistent with the refund of travel and subsistence expenses'. The lump sum fixed for the allowances must not be too high or constitute disguised remuneration [7].(48) The Member States should ensure that the rules placing Members of the European Parliament, when exercising their mandate in their Member State, on the same footing as members of the national parliament (as regards, e.g., reimbursement of air fares, provision of free rail passes, etc.) are retained. It is not possible for this problem to be solved at European level, as numerous very disparate arrangements exist in the Member States. Without such a provision, the exercise of the mandate of a Member of the European Parliament in the Member State where a Member was elected would be considerably hampered, if not impossible. Effective exercise of the mandate is also in the interests of the Member States.(49) Article 33(1) is required because the very disparate national provisions to which Members have so far been subject make it impossible to solve at European level all the problems associated with the transition from an old to a new European system. Giving Members a choice will make it impossible for Members' rights to be reduced or for them to suffer financial damage as a result of the transition. Paragraphs 2 and 3 are consequences of the decision in paragraph 1.(50) The considerable economic differences between existing and new Member States will be eliminated only gradually after accession. It therefore seems appropriate, for a transitional period, to enable the new Member States to apply different rules on the allowance, transitional allowance and pensions,DECIDES:A. Regulations and general conditions governing the performance of the duties of the Members of the European ParliamentArticle 1This Statute lays down the regulations and general conditions governing the performance of the duties of Members of the European Parliament.Article 2(1) Members shall be free and independent.(2) Agreements concerning the resignation from office of a Member before or at the end of a parliamentary term shall be null and void.Article 3(1) Members shall not be bound by any instructions and shall not receive a binding mandate [].(2) They shall vote on an individual and personal basis [](3) Agreements concerning the way in which the mandate is to be exercised shall be null and void.Article 4 [](1) A Member may at no time be the subject of legal proceedings or otherwise be held to account extrajudicially for any action taken, vote cast or statement made in the exercise of his/her mandate.(2) Parliament shall decide, on an application from the Member, whether a statement was made in the exercise of his/her mandate.(3) Parliament shall lay down provisions for the implementation of this Article in its Rules of Procedure.Article 5 [](1) Any restriction of a Member's personal freedom shall be permitted only with the consent of Parliament, except where he/she is caught in the act.(2) The seizure of a Member's documents or electronic records or the searching of his/her person, office or place of residence or interception of his/her mail and telephone calls may be ordered only with the consent of Parliament.(3) Investigations or criminal proceedings against a Member shall be suspended at Parliament's request.(4) Consent pursuant to paragraph 2 may be applied for only by the authorities competent under national law.(5) Consent pursuant to paragraph 2, or suspension pursuant to paragraph 3, may be granted conditionally, for a limited period or on a restricted basis.(6) Article 4(3) shall apply mutatis mutandis.Article 6(1) A Member shall be entitled at all times to refuse to give evidence about persons who have entrusted facts to him/her or to whom, in the exercise of his/her mandate, he/she has entrusted facts and such facts themselves.(2) Measures under Article 5(2), or the exploitation of documents already seized, shall be prohibited.Article 7 [](1) Members shall enjoy freedom of movement throughout the European Union.(2) This right may not be restricted by law or by order of a public authority or court.Article 8The privileges and immunities arising from the foregoing Articles may not be restricted by other provisions of the European Community's derived legislation.Article 9Documents and electronic records which a Member has received, drafted or sent, and which do not bear an official document number, shall be deemed not to be European Parliament documents.Article 10(1) Each Member shall be entitled to table proposals for Community acts in the context of the European Parliament's right of initiative.(2) Article 4(3) shall apply mutatis mutandis.Article 11(1) Members shall be entitled to inspect any files held by Parliament.(2) This shall not apply to personal files and accounts.(3) Paragraph 1 shall apply without prejudice to acts of the European Union and agreements by the Institutions concerning access to documents.(4) Parliament shall lay down provisions for the implementation of this Article.Article 12(1) The documents of the European Parliament shall be translated into all the official languages.(2) Speeches shall be interpreted simultaneously into all the other official languages.Article 13(1) Members may form themselves into political groups.(2) Article 4(3) shall apply mutatis mutandis.Article 14(1) The political groups shall be part of Parliament.(2) They may sue and be sued.Article 15(1) Members shall be entitled to an appropriate allowance to safeguard their independence.(2) At the end of their term of office, they shall be entitled to a transitional allowance and a pension.(3) Agreements on the use of the allowance, the transitional allowance and the pension for other than private purposes shall be null and void.(4) The surviving dependants of Members or former Members shall be entitled to a survivor's pension.Article 16The amount of the allowance shall be 50 % of the basic salary of a judge at the Court of Justice of the European Communities.Article 17The allowance received by a Member for the exercise of a mandate in another parliament shall be offset against the allowance.Article 18(1) The allowance shall be subject to Community tax on the same terms and conditions as those laid down on the basis of Article 13 of the Protocol on the Privileges and Immunities of the Communities for the officials and other servants of the European Communities.(2) The right of Member States to take the allowance into account in determining the tax to be levied on other income shall remain unchanged.Article 19(1) At the end of their term of office Members shall be entitled to a transitional allowance equivalent to the allowance pursuant to Article 16.(2) This entitlement shall continue for one month per year in which their mandate has been exercised, but not for less than six months or more than 24 months.(3) No such entitlement arises in the event of a Member assuming a mandate in another parliament or taking public office.(4) In the event of death, the transitional allowance shall be paid for the last time in the month in which the former Member died.(5) Article 18 shall apply mutatis mutandis.Article 20(1) Former Members shall be entitled to an old-age pension as from the age of 60.(2) This pension shall be, for each full year's exercise of a mandate, 3,5 % of the allowance pursuant to Article 16 and one-twelfth thereof for each further full month, but not more than 70 % in total.(3) Entitlement to the old-age pension shall exist irrespective of any other pension.(4) Articles 17 and 18 shall apply mutatis mutandis.Article 21(1) Members who become incapacitated during their term of office shall be entitled to a pension.(2) Article 20(2) shall apply mutatis mutandis. However, the amount of the pension shall be at least 35 % of the allowance pursuant to Article 16.(3) The entitlement shall take effect when the Member concerned stands down.(4) Articles 11 (4), 17 and 18 shall apply mutatis mutandis.Article 22Should a former Member be entitled simultaneously to the payment of the transitional allowance pursuant to Article 19 and the pension pursuant to Article 20 or Article 21, he or she shall decide which arrangement shall be applied.Article 23(1) In the event of the death of a Member during his/her term of office, or of a former Member who at the time of his/her death was entitled to a pension pursuant to Article 20 or Article 21, the spouse and dependent children shall be entitled to a survivor's pension.(2) The total amount of the pension shall not exceed the pension to which the Member would have been entitled at the end of the parliamentary term or to which the former Member was entitled.(3) The surviving spouse shall receive 60 % of the amount referred to in paragraph 2, but in any case at least 30% of the Member's allowance. Such entitlement shall not be affected if the surviving spouse remarries.(4) A dependent child shall receive 20 % of that amount.(5) Should it be necessary, the maximum amount of the pension to be paid shall be divided between the spouse and the children in the ratio of the percentages laid down in paragraphs 3 and 4.(6) The pension shall be paid as from the first day of the month following the date of death.(7) Should the spouse die, the entitlement shall expire at the end of the month during which the death occurred.(8) A child's entitlement shall expire at the end of the month in which he/she reaches the age of 21. However, it shall continue for the duration of education or vocational training, but only until the end of the month during which he/she reaches the age of 25. The entitlement shall continue as long as the child is unable to support himself/herself on account of sickness or infirmity.(9) Partners from relationships recognised in the Member States shall be treated as equivalent to spouses.(10) Articles 11 (4) and 18 shall apply mutatis mutandis.Article 24(1) To finance the pensions a fund shall be set up which shall constitute reserves for the pensions.(2) The reserves shall be constituted from monthly payments by Parliament (two-thirds) and Members (one-third) and also from the interest accruing therefrom.(3) The amount of the contributions required shall be determined annually by Parliament.(4) The contributions pursuant to paragraph 2 shall not be subject to any tax.(5) The accounts shall be audited by the European Court of Auditors.Article 25(1) Members and former Members drawing a pension, and persons entitled to the survivor's pension, shall be entitled to reimbursement of the costs that they incur as a result of sickness, pregnancy or the birth of a child.(2) To cover the costs a fund shall be set up, in the financing of which former Members shall likewise participate.(3) Articles 11(4) and 24 shall apply mutatis mutandis.Article 26(1) Members shall be entitled to insurance cover for the risks connected with the exercise of their mandate.(2) Article 11 (4) shall apply mutatis mutandis.Article 27(1) Members shall be entitled to reimbursement of costs incurred in the exercise of their mandate.(2) Parliament shall determine those cases in which reimbursement may be effected by means of a flat-rate sum.(3) Articles 11(4) and 15(3) shall apply mutatis mutandis.Article 28(1) Members shall be entitled to assistance from personal staff whom they may freely choose themselves.(2) Article 11 (4) shall apply mutatis mutandis.Article 29(1) Members shall be entitled to use Parliament's office facilities, telecommunications equipment and official vehicles.(2) Article 11 (4) shall apply mutatis mutandis.Article 30All payments shall be made from the budget of the European Union and from the funds to be established pursuant to Articles 24 and 25.Article 31The benefits provided by the European Parliament pursuant to Articles 24 and 25 shall not be subject to tax.Article 32Decisions concerning the implementation of this Statute shall be published in the L series of the Official Journal of the European Union.B. Transitional provisionsArticle 33(1) Members who were already sitting Members at the beginning of the parliamentary term in which this Statute enters into force and who have been re-elected, may opt for the national system applicable hitherto in respect of the allowance, transitional allowance and pensions for the entire duration of their term of office.(2) These payments shall be made from the budget of the Member State and shall be subject only to national tax.(3) Such Members shall pay no contribution to the fund established pursuant to Article 24.Article 34(1) Members who wish to continue with the national system applicable hitherto pursuant to Article 33(1) shall notify the President of Parliament of this decision in writing within 30 days of the entry into force of this Statute.(2) The decision shall be final and irrevocable.(3) Should such notification not be made within the time-limit, the provisions of this Statute shall apply.Article 35(1) The voluntary pension fund set up by the European Parliament shall be maintained after the entry into force of this Statute for Members or former Members who have already acquired rights or future entitlements in that fund or who opt for the national system applicable hitherto pursuant to Article 33(1).(2) Acquired rights and future entitlements shall be maintained in full.(3) The contributions to this fund shall not be subject to any tax.(4) Members who pay contributions to the pension fund under Article 24 may not acquire any new rights or future entitlements in the voluntary pension fund.(5) The fund shall not be open to Members who are first elected to Parliament when this Statute becomes applicable.(6) Article 15(3), Article 18 and Article 20(3) shall apply mutatis mutandis.Article 36(1) Any pension entitlement that a Member has acquired in accordance with national arrangements at the time when this Statute is applied shall be retained in full.(2) Any term of office served in the European Parliament or in a national parliament which under national arrangements does not give rise to any pension entitlement shall be taken into account in calculating the pension based on this Statute.Article 37(1) For a transitional period each new Member State may adopt, for the Members elected in it, rules different from the provisions of this Statute as regards the allowance, transitional allowance and pensions.(2) These rules shall place the Members on at least an equal footing with the members of their respective national parliament.(3) All payments shall be made from the budget of the Member State in question.(4) The transitional period shall begin on the date of entry into force of the accession treaty and shall end at the latest at the end of the second full European Parliament parliamentary term after that date.(5) The entitlements of Members pursuant to Articles 25 to 29 shall not be affected by such rules.C. Entry into forceArticle 38(1) This Statute shall enter into force after its approval by the Council and at the same time as the Treaty amendments adopted on the basis of the work of the European Convention.(2) Without prejudice to paragraph 1,— Article 3(1) and (2) shall enter into force if and when Article 4(1) of the 1976 Act is repealed;— Article 4 shall enter into force if and when Article 9 of the Protocol is repealed;— Article 5 shall enter into force if and when Article 10 of the Protocol is repealed;— Article 7 shall enter into force if and when Article 8 of the Protocol is repealed.(3) After the Council has given its approval, this Statute shall be duly signed by the President of the European Parliament and published in the L series of the Office Journal of the European Union.[1] Hereinafter referred to as: 'EC Treaty’.[2] further references to the Treaties in this Statute relate solely to the provisions of EC Treaty[3] OJ L 283, 21.10.2002, p. 1..[4] ECJ Judgment of 15.9.1981, Case 208/80 Lord Bruce, ECR 2205.[5] See footnote 1 to recital 22.[6] Paragraph 17.[7] Paragraph 21.[] See Article 37(2).--------------------------------------------------


title: 2010/314/: Council Decision of 10 May 2010 on the signing and provisional application of the Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of the Agreement on Trade in Bananas between the European Union and the United States of America

text:
               9.6.2010

               EN

               Official Journal of the European Union

               L 141/1

         COUNCIL DECISION
   of 10 May 2010
   on the signing and provisional application of the Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of the Agreement on Trade in Bananas between the European Union and the United States of America
   (2010/314/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Commission reached Understandings with Ecuador and the United States of America, on 11 April 2001 and on 30 April 2001 respectively (the ‘Understandings’), which identified means to resolve the disputes brought by those countries in the World Trade Organisation (WTO) with respect to the tariff treatment of bananas imported into the Union. Those Understandings envisaged the introduction of a tariff-only regime for the imports of bananas. To that effect, on 12 July 2004 the Council authorised the Commission to negotiate the modification of the bound tariff with a view to introducing a tariff-only regime for bananas in the EU schedule for bananas pursuant to Article XXVIII of the General Agreement on Tariffs and Trade 1994 (‘GATT 1994’).

               (2)

               On 22 March 2004 and on 29 January 2007 the Council authorised the Commission to open negotiations pursuant to Article XXIV:6 of the GATT 1994 in the course of the accession to the European Union of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia and of Bulgaria and Romania, respectively.

               (3)

               The negotiations were successfully concluded on 15 December 2009 by the initialling of a Geneva Agreement on Trade in Bananas with Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela (the ‘Geneva Agreement’) and of an Agreement on Trade in Bananas with the United States of America (the ‘EU/US Agreement’).

               (4)

               The Agreements negotiated by the Commission meet the claims of the countries concerned pursuant to Article XXIV:6 and Article XXVIII of the GATT 1994. In addition, they implement the Understandings by providing for the binding of a tariff-only regime, and provide an adequate solution to all the pending disputes concerning the tariff treatment of bananas, which should therefore be formally settled.

               (5)

               Those two Agreements should be signed on behalf of the Union, subject to their conclusion at a later date.

               (6)

               In view of the need to implement expeditiously the initial tariff cuts, to prevent the continuation of the pending disputes and to ensure that the Union’s final market access commitments for bananas in the next WTO multilateral market access negotiations for agricultural products successfully concluded do not exceed those provided for in paragraphs 3, 6 and 7 of the Geneva Agreement and paragraph 2 and paragraph 3(a) and 3(b) of the EU/US Agreement, both Agreements should be applied provisionally, in accordance with paragraph 8(b) of the Geneva Agreement and paragraph 6 of the EU/US Agreement, respectively, from the date of signature of each Agreement, pending their entry into force,

         HAS ADOPTED THIS DECISION:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Union, the following Agreements:

               (a)

               the Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela (the ‘Geneva Agreement’);

               (b)

               the Agreement on Trade in Bananas between the European Union and the United States of America (the ‘EU/US Agreement’).

         The texts of those Agreements are attached to this Decision.
   Article 2
   1.   Paragraphs 3, 6 and 7 of the Geneva Agreement shall be applied provisionally, in accordance with paragraph 8(b) thereof, from the date of signature of that Agreement, pending its entry into force.
   2.   Paragraph 2 and paragraph 3(a) and 3(b) of the EU/US Agreement shall be applied provisionally, in accordance with its paragraph 6, from the date of signature of that Agreement, pending its entry into force.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 10 May 2010.

            For the Council

            The President

         C. ASHTON

    ---documentbreak---

               9.6.2010

               EN

               Official Journal of the European Union

               L 141/3

         GENEVA AGREEMENT ON TRADE IN BANANAS

               1.

               This Agreement is concluded between the European Union (hereinafter the ‘EU’) and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela (hereinafter the ‘Latin American MFN banana suppliers’) regarding the structure and operation of the EU trading regime for fresh bananas, excluding plantains, classified under HS tariff line 0803.00.19 (hereinafter ‘bananas’) and the terms and conditions that apply thereto.

               2.

               This Agreement is without prejudice to the WTO rights and obligations of all the signatories to this Agreement subject to the provisions in paragraphs 3 to 8 below.

               3.

               The EU agrees to the following:

                           (a)

                           without prejudice to subparagraph (b) below, the EU shall apply tariffs for bananas not greater than the following (1):

                                                   —

                                                   From 15 December 2009 until 31 December 2010

                                       148 EUR/mt

                                                   —

                                                1 January 2011

                                       143 EUR/mt

                                                   —

                                                1 January 2012

                                       136 EUR/mt

                                                   —

                                                1 January 2013

                                       132 EUR/mt

                                                   —

                                                1 January 2014

                                       127 EUR/mt

                                                   —

                                                1 January 2015

                                       122 EUR/mt

                                                   —

                                                1 January 2016

                                       117 EUR/mt

                                                   —

                                                1 January 2017

                                       114 EUR/mt

                           (b)

                           if Doha Modalities (2) are not established by 31 December 2013, the ensuing tariff cuts in paragraph 3(a) above will be delayed until Doha Modalities are established. Under no circumstances shall the delay extend beyond 31 December 2015. The applicable tariff rate during that period of delay shall be 132 EUR/mt. After the two year period expires, or immediately after Doha Modalities are established, whichever occurs first, the tariff rate shall be 127 EUR/mt. The ensuing tariffs for the next three years, as from 1 January of each year, shall be no greater than 122 EUR/mt, 117 EUR/mt and 114 EUR/mt, respectively;

                           (c)

                           the EU shall maintain a MFN tariff-only regime for the importation of bananas (3).

               4.

                           (a)

                           The EU shall bind the tariff cuts provided in paragraph 3. To this effect this Agreement shall be incorporated into the EU’s WTO Schedule by means of Certification (4) in accordance with the Decision of 26 March 1980 on Procedures for the Modification and Rectification of Schedules of Tariff Concessions (L/4962).

                           (b)

                           Upon entry into force of this Agreement the EU shall communicate a draft Schedule on bananas incorporating the text of this Agreement to the Director-General for Certification.

                           (c)

                           Parties to this Agreement agree not to raise objections to the Certification of the modified Schedule, provided that this Agreement is correctly reflected in the notification.

               5.

               Upon Certification, the pending disputes WT/DS27; WT/DS361; WT/DS364; WT/DS16; WT/DS105; WT/DS158; WT/L/616; WT/L/625 and all claims filed to date by any and all Latin American MFN banana suppliers under the procedures of Articles XXIV and XXVIII of the GATT 1994 with respect to the EU trading regime for bananas (including G/SECRET/22 item 0803.00.19 and G/SECRET/22/Add.1; G/SECRET/20 and G/SECRET/20/Add.1; and G/SECRET/26) shall be settled (5). Within two weeks after Certification, the relevant parties to this Agreement shall jointly notify the DSB that they have reached a mutually agreed solution through which they have agreed to end these disputes (6).

               6.

               Without prejudice to their rights under the WTO Agreement including those derived from the disputes and claims identified in paragraph 5, the Latin American MFN banana suppliers further undertake not to take any further action with respect to those disputes and claims referred to in paragraph 5 between 15 December 2009 and Certification provided that the EU complies with paragraph 3 and paragraph 4(b) and (c).

               7.

               The Latin American MFN banana suppliers agree that this Agreement shall constitute the EU’s final market access commitments for bananas for inclusion in the final results of the next multilateral market access negotiation for agriculture products successfully concluded in the WTO (including the Doha Round) (7).

               8.

                           (a)

                           This Agreement enters into force the first day of the month following that in which the last of the signatories has notified the Director-General of the completion of the procedures necessary for that purpose. Each signatory shall furnish a copy of the notification to the other signatories.

                           (b)

                           Notwithstanding subparagraph (a), the signatories agree to provisionally apply paragraphs 3, 6 and 7 from the day of signature of this Agreement.

         For Brazil

         For Colombia

         For Costa Rica

         For Ecuador

         For the European Union

         For Guatemala

         For Honduras

         For Mexico

         For Nicaragua

         For Panama

         For Peru

         For Venezuela

      (1)  Upon signature of this Agreement, the EU shall apply retroactively the applicable tariff(s) specified in paragraph 3(a) for the period from 15 December 2009 to the date of signature. Duties paid in excess of the amount stipulated in this provision shall be reimbursed by the competent customs authorities upon request.

      (2)  Doha Modalities for the purpose of this Agreement means that consensus has been reached in the Trade Negotiations Committee to proceed to scheduling in Agriculture and Non-Agricultural Market Access negotiations.

      (3)  This provision shall not be read to authorise non-tariff measures on bananas that are inconsistent with the EU’s obligations under the WTO Agreements.

      (4)  The date of Certification shall be the date at which the Director-General certifies that the modifications to the EU Schedule have become a Certification in accordance with the Decision of 26 March 1980 on Procedures for the Modification and Rectification of Schedules of tariff concessions (document reference WT/LET).

      (5)  The date of the settlement shall be the date of Certification (document reference WT/LET).

      (6)  The settlement of these disputes does not affect any party’s right to initiate a new dispute under the DSU, or future rights under the procedures of Articles XXIV and XXVIII of the GATT 1994.

      (7)  If Certification has not been completed by the date of the conclusion of the next multilateral market access negotiation for agriculture products in the WTO (including the Doha Round), this Agreement shall be incorporated into the EU’s WTO Schedule on the date that the Schedule enters into force as part of the results of that negotiation.
 ---documentbreak--- NA ---documentbreak---

               9.6.2010

               EN

               Official Journal of the European Union

               L 141/6

         AGREEMENT
   on trade in bananas between the European Union and the United States of America
   THE EUROPEAN UNION (the ‘EU’),
   and
   THE UNITED STATES OF AMERICA (the ‘United States’),
   RECALLING the US-EC Understanding on Bananas of April 11, 2001 (WT/DS27/59);
   TAKING NOTE of the Geneva Agreement on Trade in Bananas (GATB) signed between the EU and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela on 31 May 2010, a copy of which is attached;
   TAKING NOTE of the questions and answers exchanged between the United States and the European Commission on March 16 and 18, 2009 and April 10 and 17, 2009;
   HAVE AGREED AS FOLLOWS:

               1.

               Upon settlement by all the signatories to the GATB of the pending disputes and claims listed in the first sentence of paragraph 5 of the GATB (the ‘settlement date’), the dispute EC — Regime for the Importation, Sale and Distribution of Bananas (WT/DS27) (the ‘dispute’) shall be settled as between the United States and the EU. Immediately after the last notification to the Dispute Settlement Body of all the mutually agreed solutions referred to in paragraph 5 of the GATB has been submitted, the United States and the EU shall jointly notify to the Dispute Settlement Body, pursuant to Article 3.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), that they have reached a mutually agreed solution through which they have agreed to end the dispute (1).

               2.

               Without prejudice to their rights and obligations under the World Trade Organisation (WTO) Agreement, including those derived from the dispute, the United States and the EU undertake not to take any further action with respect to the dispute between the date of initialling of this Agreement and the settlement date, provided that the EU complies with paragraph 3(a) and (b) below and its obligations contained in paragraph 3 and paragraph 4(b) and (c) of the GATB.

               3.

               The EU further undertakes:

                           (a)

                           to apply an MFN tariff-only regime for the importation of bananas and therefore not to apply measures affecting the importation of bananas into its territory in the form of quotas, tariff rate quotas, or import licensing regimes for bananas supplied from any source (other than automatic licensing regimes solely for market monitoring purposes) (2); and

                           (b)

                           not to apply any measure that discriminates between suppliers of banana distribution services based on the ownership or control of the service supplier or the origin of the bananas distributed.

                     The provisions of paragraph 1 will not apply if, as of the settlement date, the EU is not in compliance with either of the undertakings contained in this paragraph.

               4.

               In accordance with applicable WTO rules, the EU will notify to the WTO promptly upon conclusion, any concluded bilateral or regional free trade agreement that includes provisions regarding trade in bananas.

               5.

               The United States and the EU agree to communicate, and upon request of either party the other party will consult, in a timely manner with respect to any issues arising under or relating to this Agreement.

               6.

               The United States and the EU shall notify each other in writing of the completion of the internal procedures necessary for the entry into force of this Agreement. This Agreement shall enter into force on the later of: (a) the date of the last notification referred to in the previous sentence; and (b) the date of entry into force of the GATB. Paragraph 2 and paragraph 3(a) and (b) shall provisionally apply as of the date of signature of this Agreement.

            For the European Union

            For the United States of America

      (1)  The settlement of this dispute does not affect any party’s right to initiate a new dispute under the DSU.

      (2)  This provision is without prejudice to the EU’s right to apply measures that are in conformity with Article XXIV of the General Agreement on Tariffs and Trade 1994.


title: Council Decision (EU) 2016/859 of 4 March 2016 on the signing, on behalf of the European Union and its Member States, and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part to take account of the accession of the Republic of Croatia to the European Union

text:
               1.6.2016

               EN

               Official Journal of the European Union

               L 144/1

         COUNCIL DECISION (EU) 2016/859
   of 4 March 2016
   on the signing, on behalf of the European Union and its Member States, and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part to take account of the accession of the Republic of Croatia to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(5) thereof,
   Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (1) (‘the Agreement’) was signed in Luxembourg on 17 June 2002 and entered into force on 1 April 2006.

               (2)

               The Republic of Croatia became a Member State of the European Union on 1 July 2013.

               (3)

               Under the terms of Article 6(2) of the Act of Accession of the Republic of Croatia, the accession of the Republic of Croatia to the Agreement is to be agreed by means of a protocol to the Agreement concluded between the Council, acting on behalf of the Union and unanimously on behalf of the Member States, and the Lebanese Republic.

               (4)

               On 14 September 2012, the Council authorised the Commission to open negotiations with the Lebanese Republic. The negotiations were successfully concluded by the initialling of the Protocol attached to this Decision.

               (5)

               Article 7 of the Protocol provides for its provisional application before its entry into force.

               (6)

               The Protocol should be signed, subject to its conclusion at a later date, and applied on a provisional basis,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union and its Member States of the Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised, subject to the conclusion of the Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The president of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union.
   Article 3
   The Protocol shall be applied on a provisional basis, in accordance with Article 7 thereof, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 4 March 2016.

            For the Council

            The President

         S.A.M. DIJKSMA

      (1)  OJ L 143, 30.5.2006, p. 2.


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the European GNSS Supervisory Authority for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/218

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the European GNSS Supervisory Authority for the financial year 2008
   (2010/550/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European GNSS Supervisory Authority for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Supervisory Authority for the financial year 2008, together with the Authority’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes (3), and in particular Article 12 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0073/2010),

               1.

               Grants the Executive Director of the European GNSS Supervisory Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2008;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 100.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 246, 20.7.2004, p. 1.

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/219

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget for the European GNSS Supervisory Authority for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European GNSS Supervisory Authority for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Supervisory Authority for the financial year 2008, together with the Authority’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes (3), and in particular Article 12 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0073/2010),

               A.

               whereas the Court of Auditors nuanced its statement of assurance on the reliability of the annual accounts for the financial year 2008 and on the legality and regularity of the underlying transactions,

               B.

               whereas the Court of Auditors, in its report on the annual accounts of the Authority for 2006, issued a positive statement of assurance,

               C.

               whereas the Court of Auditors states that it was unable to form an opinion on the accounts of the European GNSS Supervisory Authority for the financial year 2007 and points out that the entire architecture of the Galileo project was being revised in 2007 and that the Authority’s accounts were prepared in a fragile legal environment,

               D.

               whereas the Authority became financially autonomous in 2006,

               E.

               whereas on 23 April 2009 Parliament granted the Executive Director of the European GNSS Supervisory Authority discharge for implementation of the Agency’s budget for the financial year 2007 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted that the appropriations actually made available to the Authority (EUR 210 000 000) were substantially lower than had been budgeted, due to delays incurred in the Galileo Programme,

                           —

                           was concerned that the Court of Auditors had found the following weaknesses with regard to budget implementation: low consumption level of commitment and payment appropriations for operational activities (63 % for commitments and 51 % for payments); absence of a clear link between the Authority’s work programme and the budget; transfers neither justified nor documented; repeated late booking of recovery orders; inconsistent presentation of budget implementation,

                           —

                           took note the Court of Auditors’ criticism, with regard to Galileo project assets, that the Authority was unable to provide sufficient information in its accounts, as no list of the assets held by the European Space Agency (ESA) had been established by the end of 2007,

      Budgetary and financial management

               1.

               Regrets that the Court of Auditors nuanced its statement of assurance on the reliability of the annual accounts for the financial year 2008 and on the legality and regularity of the underlying transactions;

               2.

               Notes that the Authority has decided to present the results of its activities without taking into account the fact that the Authority’s management of the Galileo and EGNOS programmes would be discontinued after the finalisation of the transfer of assets and funds to the Commission scheduled for the end of the first quarter of 2008;

               3.

               Notes that Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 (6) entered into force on 25 July 2008, and that in spite of the transfer to the Commission of responsibility for management of the Galileo and EGNOS programmes, the Commission transferred EUR 95 000 000 to the Authority’s bank account on 24 December 2008; regrets that no proper amending budget was established;

               4.

               Notes that following the entry into force of Regulation (EC) No 683/2008, a very substantial reduction in the Authority’s budget was adopted in 2008 (from EUR 436 500 000 in 2007 to EUR 22 700 000);

               5.

               Is concerned that, although under Regulation (EC) No 683/2008 the Commission became responsible, from 1 January 2009, for fund management and implementation of the European satellite navigation programmes (EGNOS and Galileo), neither activities nor any assets had yet been transferred to the Commission by the end of 2008, and that the new distribution of responsibilities between the Commission and the Authority was not clearly reflected in their respective annual accounts; understands from the Court of Auditors that the Authority should accordingly have treated the amount of EUR 58 400 000 as a debt to the Commission and not shown it as prefinancing received from the Commission; notes, moreover, that the EUR 55 600 000 payable to the European Space Agency should not have appeared in the accounts, as this figure represented contributions by the Communities to the Galileo and EGNOS programmes and came under the Commission’s responsibility;

               6.

               Notes, nevertheless, the Authority’s reply justifying its action by stating that the Commission had formally confirmed its agreement for the assets to be transferred only with effect from 31 July 2009, as it had not been possible to agree the transfer arrangements with the Commission until the end of June 2009;

               7.

               Refers to the recommendations in Special Report No 7/2009 of the Court of Auditors addressed to the Commission as the new manager of the Galileo Programme;

      Internal audit

               8.

               Acknowledges that the Internal Audit Service (IAS) conducted its internal audit in November 2007 and its follow up audits in October 2008 and December 2009; notes that the two remaining important IAS recommendations yet to be implemented relate to sensitive posts and job descriptions;

               9.

               Refers, for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (7) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 100.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 246, 20.7.2004, p. 1.

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

      (5)  OJ L 255, 26.9.2009, p. 162.

      (6)  Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo) (OJ L 196, 24.7.2008, p. 1).

      (7)  Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal.