title: Council Decision 2011/428/CFSP of 18 July 2011 in support of United Nations Office for Disarmament Affairs activities to implement the United Nations Programme of Actions to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

text:
               19.7.2011

               EN

               Official Journal of the European Union

               L 188/37

         COUNCIL DECISION 2011/428/CFSP
   of 18 July 2011
   in support of United Nations Office for Disarmament Affairs activities to implement the United Nations Programme of Actions to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 26(2) and Article 31(1) thereof,
   Whereas:

               (1)

               On 20 July 2001, the States participating in the ad-hoc Conference adopted the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (the Programme of Action). On 8 December 2005, the United Nations General Assembly adopted an International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (International Tracing Instrument). Both these international instruments declare that States will cooperate, as appropriate, with the United Nations to support their effective implementation.

               (2)

               The 2008 Third Biennial Meeting of States to Consider the Implementation of the Programme of Action noted in its final report the importance of regional approaches to the implementation of the Programme of Action and the usefulness, therefore, of convening regional meetings sponsored by interested States and international, regional and sub-regional organisations in a position to do so. The final report also encouraged States to support and make full use of existing mechanisms that support the implementation of the Programme of Action and the matching of needs with resources, such as the Programme of Action Implementation Support System.

               (3)

               On 15-16 December 2005, the European Council adopted the EU Strategy to combat the illicit accumulation and trafficking of small arms and light weapons (SALW) and their ammunition (the EU SALW Strategy). The EU SALW Strategy identifies support for the UN Programme of Action as the first priority for action at international level, and calls for the adoption of a legally binding international instrument on the tracing and marking of SALW and ammunition.

               (4)

               Following the adoption of the international tracing instrument, the European Union supported its full implementation through the adoption and implementation of Council Joint Action 2008/113/CFSP of 12 February 2008 in support of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (SALW) (1). The implementation of that Joint Action was positively assessed by the Council of the European Union.

               (5)

               On 2 December 2009, the United Nations General Assembly adopted Resolution A/RES/64/50 on the illicit trade in small arms and light weapons in all its aspects which encourages all initiatives, including those of international, regional and sub-regional organisations, for the successful implementation of the Programme of Action and emphasises that initiatives by the international community with respect to international cooperation and assistance remain essential and complementary to national implementation efforts.

               (6)

               Resolution A/RES/64/50 also provided that the fourth biennial meeting of States to consider the national, regional and global implementation of the Programme of Action should be held in New York from 14 to 18 June 2010, and that a conference to review progress made in implementation of the Programme of Action will be convened for a period of 2 weeks in New York, no later than in 2012.

               (7)

               Also on 2 December 2009, the United Nations General Assembly adopted Resolution A/RES/64/51 on Problems arising from the accumulation of conventional ammunition stockpiles in surplus, which encourages States in a position to do so to contribute to the development within the United Nations of technical guidelines for the stockpile management of conventional ammunition, in order to assist States in improving their national stockpile management capacity, preventing the growth of conventional ammunition surpluses,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   With a view to supporting the preparation of the Review Conference of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects to be held in 2012, the Union shall pursue the following objectives:

               —

               the promotion of the implementation of the UN Programme of Action on SALW both at global and regional level,

               —

               supporting the implementation of the International Tracing Instrument (ITI),

               —

               supporting the development and implementation of UN technical guidelines for ammunition stockpile management.

         2.   In order to achieve the objectives referred to in paragraph 1, the Union shall undertake the following measures:

               —

               developing the Programme of Action Implementation Support System as an effective tool to coordinate international efforts to implement the UN Programme of Action, including through support to the informal Group of Interested States on SALW,

               —

               organising up to eight 2-day regional meetings on advancing the implementation of the Programme of Action at regional level,

               —

               organising regional training-of-trainers courses on the International Tracing Instrument for countries in West Africa, and setting-up marking facilities and expertise in countries of the region lacking such equipment,

               —

               supporting the development of UN technical guidelines on ammunition stockpile management,

               —

               supporting the implementation of the guidelines through regional training-of-trainers programmes for law enforcement officials in the African Great Lakes region, Latin America and the Caribbean,

               —

               supporting individual States in critical need of assistance in the management of their ammunition stockpiles, by providing technical, legal and policy assistance and specialised training.

         A detailed description of these measures is set out in the Annex.
   Article 2
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (the HR) shall be responsible for the implementation of this Decision.
   2.   The implementation of the measures referred to in Article 1(2) shall be carried out by the UN Office for Disarmament Affairs (hereinafter UNODA).
   3.   UNODA shall perform its task under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with UNODA.
   Article 3
   1.   The financial reference amount for the implementation of the measures referred to in Article 1(2) shall be EUR 2 150 000.
   2.   The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The Commission shall supervise the proper management of the expenditure of the amount referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with UNODA. The agreement shall stipulate that UNODA is to ensure the visibility of the Union’s contribution, appropriate to its size.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
   Article 4
   The HR shall report to the Council on the implementation of this Decision on the basis of regular bi-monthly reports prepared by UNODA. Those reports shall form the basis for the evaluation carried out by the Council. The Commission shall report on the financial aspects of the implementation of the measures referred to in Article 1(2).
   Article 5
   1.   This Decision shall enter into force on the date of its adoption.
   2.   This Decision shall expire 24 months after the date of conclusion of the financing agreement referred to in Article 3(3). However, it shall expire 6 months after the date of its entry into force if that financing agreement has not been concluded by that time.

      Done at Brussels, 18 July 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 40, 14.2.2008, p. 16.

      ANNEX
      1.   Objectives

      The overall objectives of this Decision are the promotion of the implementation of the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UN PoA on SALW) in view of the Review Conference to be held in 2012; the promotion of the implementation of the International Tracing Instrument; and the development and implementation of UN technical guidelines on ammunition stockpile management. Maximum synergy will be ensured with other relevant Union financial instruments.
      2.   Description of the measures

      2.1.   Promotion of the implementation of the UN Programme of Action on SALW both at global and regional levels
      2.1.1.   Objective of the measure
      To promote the implementation of the UN Programme of Action by third States.
      To support the development of the Programme of Action Implementation Support System (PoA ISS) as an effective tool to coordinate international efforts to implement the UN Programme of Action, including through the development of and support to the informal ‘Group of Interested States on practical disarmament measures’ (GIS).
      2.1.2.   Description of the measure
      Organisation by UNODA, where relevant assisted by its Regional Disarmament Centres, of up to eight 2-day regional meetings on advancing the implementation of the PoA at regional level. These meetings will aim at further familiarising relevant third countries with the regional aspects of the UN PoA and the recommendations of the Third and Fourth Biennial Meetings of States in preparation of the 2012 Review Conference. During the seminars beneficiary countries will, inter alia, take stock of existing regional implementation plans for the period 2010-2012 and will be encouraged to formulate regional implementation plans for the period 2013-2014 including measurable, achievable and time-bound targets.
      Development and enhancement of the PoA-ISS as an effective tool to coordinate international efforts to implement the UN PoA, by integrating a web-based tool for matching SALW needs and resources into the PoA-ISS platform, by developing an electronic reporting function for the PoA national reports, by developing regional and thematic sections in the PoA-ISS, and by developing multilingual versions of the existing PoA-ISS platform. Support to the informal GIS as a forum to promote coordination, information and knowledge sharing between donors and the UN system as well as other stakeholders of the PoA about their small arms activities including on submitted project outlines and about policy making (see, e.g. the General Assembly Resolution on Practical Disarmament Measures, A/RES/63/62) will include support to the organisation and servicing of regular meetings of this Group (two to three times per year).
      2.1.3.   Results of the measure
      Improved regional implementation of the UN Programme of Action, effective preparation of beneficiary States for the Review Conference in 2012, and laying the groundwork for the development of realistic, achievable, measurable and time-bound regional implementation plans for the period 2012-2014.
      Improved, multilingual, user-friendly and reliable information on implementation needs related to the Programme of Action, making the Implementation Support System the primary tool to facilitate the implementation of the international instrument; rationalised management of international assistance through enhancement of the coordinating role of the Group of Interested States.
      2.1.4.   Seminar venues
      UNODA will propose a list of potential venues for the regional seminars which will then be endorsed by the HR in consultation with the competent Council bodies. The criteria used for choosing the venues for the seminars will include the willingness and commitment of a relevant State in a particular region to host a seminar, the level of commitment to the implementation of the UN Programme of Action in the region and, if relevant, the commitment of a relevant regional or sub-regional organisation.
      2.1.5.   Beneficiaries of the measure
      States in need of assistance in the implementation of the UN Programme of Action. The selection of specific beneficiaries to participate in the regional seminars will take into account the commitments and implementation efforts made by potential beneficiaries in the area of SALW. UNODA will propose a short-list of beneficiaries which will then be endorsed by the HR in consultation with the competent Council bodies.
      2.2.   Support to the implementation of the International Tracing Instrument (ITI)
      2.2.1.   Objective of the measure
      To support the implementation of the ITI, through the enhancement of skills of relevant state officials in West Africa in identifying, marking, tracing and record keeping of SALW, and the provision of relevant equipment.
      2.2.2.   Description of the measure
      Organisation of regional training-of-trainers courses on essential aspects of the ITI for selected West African officials.
      Setting-up marking facilities and expertise in countries of the region lacking such equipment, including through acquisition of marking machines, the setting-up of record-keeping facilities, and training of law enforcement officials in marking and tracing.
      Consultations with the HR, with relevant Council bodies, and coordination with the West Africa Coast Initiative and the United Nations Development Programme, will ensure there is no duplication of other Union Programmes in West Africa.
      2.2.3.   Results of the measure
      Reduction in the security threats posed by the volume of illicit SALW, through enhanced control over the volume and types of SALW, enhanced national multi-agency expertise to counter the proliferation of SALW and ‘craft arms’, and improved cooperation in the security sector among States on the ITI.
      2.2.4.   Beneficiaries of the measure
      Law enforcement agencies of all 15 Members of the Economic Community of West African States (ECOWAS); ECOWAS and its small arms programme ECOSAP; civil society and local communities.
      2.3.   Support to the development and implementation of UN technical guidelines for ammunition stockpile management
      2.3.1.   Objective of the measure
      To support the development and implementation of UN technical guidelines for ammunition stockpile management.
      2.3.2.   Description of the measure
      To conclude the development of UN technical guidelines for ammunition stockpile management. This will include: organising a meeting of the Technical Review Panel for the development of the guidelines, and processing and incorporating the results of that meeting in the final version of the guidelines, and the translation and publication of the guidelines.
      To support the operational use and implementation of the guidelines by conducting regional training-of-trainers programmes for law enforcement officials in the African Great Lakes region and Latin America and Caribbean, including through UNODA Regional Disarmament Centres. These advanced training programmes will include topics on the principles and essentials of stockpile management; risk management; ammunition accounting; transport; and security and destruction. The training programmes in Latin America/Caribbean will build upon and complement the training imparted previously supported by the Union in these regions.
      On the basis of the findings of those advanced training programmes, to identify States that are in critical need of assistance for the control and storage of ammunition stockpiles and provide them (directly or through regional organisations) with:

                  —

                  the necessary technical assistance to develop the essential policy and legal frameworks for the implementation of the guidelines, including on-the-job mentoring,

                  —

                  support and assistance to put in place adequate infrastructure for stockpile management through the provision of guidance on the practical application of the technical guidelines to the facilities used for the storage of ammunition.

            2.3.3.   Results of the measure
      Technical guidelines that are fully developed and ready for implementation.
      Reduced threat to national and regional security through improved stockpile management at the national level in two key regions.
      2.3.4.   Beneficiaries of the measure
      Governments and international and regional organisations; civil society and groups and individuals adversely affected by the uncontrolled proliferation of SALW.
      The selection of States that will benefit from specific assistance and training will take into account the specific needs and commitments made by potential beneficiaries in the field of ammunition stockpile management. UNODA will propose a short-list of beneficiaries which will then be endorsed by the HR in consultation with the competent Council bodies.
      3.   Duration

      The total estimated duration of the measures will be 24 months.
      4.   Implementing entity

      The technical implementation of this Decision will be entrusted to UNODA which will perform its task under the responsibility of the HR.
      5.   Reporting

      UNODA will prepare regular reports, as well as reports after the completion of each of the activities described. The reports should be submitted to the HR no later than 6 weeks after the completion of the relevant activities.
      6.   Estimated total cost of the measures and the Union’s financial contribution

      The total cost of the measures is EUR 2 150 000.


title: Decision (EU) 2015/1690 of the European Parliament of 29 April 2015 on the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/354

      DECISION (EU) 2015/1690 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Union Agency for Fundamental Rights for the financial year 2013, together with the Agency's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  having regard to 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 (3),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 208 thereof,

                  —

                  having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (5), and in particular Article 21 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6),

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in particular Article 108 thereof,

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0093/2015),

         1.

            Notes that the final annual accounts of the European Union Agency for Fundamental Rights are as annexed to the Court of Auditors' report;

         2.

            Approves the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2013;

         3.

            Instructs its President to forward this decision to the Director of the European Union Agency for Fundamental Rights, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 301.

         (2)  See footnote 1.

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

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

         (5)  OJ L 53, 22.2.2007, p. 1.

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

         (7)  OJ L 328, 7.12.2013, p. 42.


title: Decision (EU, Euratom) 2015/1619 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the Consumers, Health, Agriculture and Food Executive Agency (formerly the Executive Agency for Health and Consumers) for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/101

      DECISION (EU, EURATOM) 2015/1619 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the Consumers, Health, Agriculture and Food Executive Agency (formerly the Executive Agency for Health and Consumers) for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the general budget of the European Union for the financial year 2013 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2013 (COM(2014) 510 — C8-0140/2014) (2),

                  —

                  having regard to the final annual accounts of the Consumers, Health, Agriculture and Food Executive Agency (formerly the Executive Agency for Health and Consumers) for the financial year 2013 (3),

                  —

                  having regard to the Commission's report on the follow-up to the discharge for the 2012 financial year (COM(2014) 607), and to the accompanying Commission staff working documents (SWD(2014) 285, SWD(2014) 286),

                  —

                  having regard to the Commission's annual report to the discharge authority on internal audits carried out in 2013 (COM(2014) 615), and to the accompanying Commission staff working document (SWD(2014) 293),

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the Consumers, Health, Agriculture and Food Executive Agency (formerly the Executive Agency for Health and Consumers) for the financial year 2013, together with the Agency's replies (4),

                  —

                  having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2013 (05305/2015 — C8-0048/2015),

                  —

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

                  —

                  having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

                  —

                  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 (6),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (7), and in particular Articles 62, 164, 165 and 166 thereof,

                  —

                  having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular Article 14(3) thereof,

                  —

                  having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (9), and in particular the first and second paragraphs of Article 66 thereof,

                  —

                  having regard to Commission Decision 2004/858/EC of 15 December 2004 setting up an executive agency, the ‘Executive Agency for the Public Health Programme’ for the management of Community action in the field of public health pursuant to Council Regulation (EC) No 58/2003 (10),

                  —

                  having regard to Commission Implementing Decision 2013/770/EU of 17 December 2013 establishing the Consumers, Health and Food Executive Agency and repealing Decision 2004/858/EC (11),

                  —

                  having regard to Commission Implementing Decision 2014/927/EU of 17 December 2014 amending Implementing Decision 2013/770/EU in order to transform the ‘Consumers, Health and Food Executive Agency’ into the ‘Consumers, Health, Agriculture and Food Executive Agency’ (12),

                  —

                  having regard to Rule 93 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A8-0101/2015),

                  A.

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

         1.

            Grants the Director of the Consumers, Health, Agriculture and Food Executive Agency (formerly the Executive Agency for Health and Consumers) discharge in respect of the implementation of the Agency's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section III — Commission and executive agencies;

         3.

            Instructs its President to forward this Decision, the Decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section III — Commission and the resolution forming an integral part of those decisions, to the Director of the Consumers, Health, Agriculture and Food Executive Agency (formerly the Executive Agency for Health and Consumers), the Council, the Commission, the Court of Justice of the European Union and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ L 66, 8.3.2013.

         (2)  OJ C 403, 13.11.2014, p. 1.

         (3)  OJ C 408, 15.11.2014, p. 5.

         (4)  OJ C 442, 10.12.2014, p. 83.

         (5)  OJ C 403, 13.11.2014, p. 128.

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

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

         (8)  OJ L 11, 16.1.2003, p. 1.

         (9)  OJ L 297, 22.9.2004, p. 6.

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

         (11)  OJ L 341, 18.12.2013, p. 69.

         (12)  OJ L 363, 18.12.2014, p. 183.


Avis juridique important

|

31986D0553

86/553/EEC: Council Decision of 15 September 1986 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Economic Community and the Swiss Confederation concerning non-agricultural and processed agricultural products not covered by the Agreement

Official Journal L 328 , 22/11/1986 P. 0038 - 0038 Finnish special edition: Chapter 2 Volume 4 P. 0138  Swedish special edition: Chapter 2 Volume 4 P. 0138

COUNCIL DECISIONof 15 September 1986on the conclusion of  the Agreement in the form of an Exchange of Letters between the European Economic Community and the  Swiss Confederation concerning non-agricultural and processed agricultural products not covered by  the Agreement(86/553/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  113 thereof, Having regard to the recommendation from the Commission, Whereas it is necessary to approve the Agreement in the form of an Exchange of Letters between the  European Economic Community and the Swiss Confederation concerning non-agricultural and processed  agricultural products not covered by the Agreement, to take account of the accession of the Kingdom  of Spain and the Portuguese Republic to the Community, HAS DECIDED AS FOLLOWS: Article 1The Agreement in the form of an Exchange of Letters concerning  non-agricultural and processed agriculturalproducts not covered by the Agreement between the  European Economic Community and the Swiss Confederation is hereby approved on behalf of the  Community. The text of the Exchange of Letters is attached to this Decision. Article 2The President of the Council is hereby authorized to appoint the person empowered to  sign the Agreement in order to bind the Community. Done at Brussels, 15 September 1986. For the CouncilThe PresidentG. HOWESPA:L666UMBE22.97FF: 6UEN;   SETUP: 01;   Hoehe: 336 mm;   38  Zeilen;   1509 Zeichen; Bediener: MARL   Pr.: C; Kunde:


Avis juridique important

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31999D0054

Council Decision of 18 January 1999 amending Decision 94/942/CFSP on the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union, concerning the control of exports of dual-use goods

Official Journal L 018 , 23/01/1999 P. 0001 - 0002

COUNCIL DECISION of 18 January 1999 amending Decision 94/942/CFSP on the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union, concerning the control of exports of dual-use goods (1999/54/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article J.3 thereof,Having regard to the general guidelines given by the European Council held at Lisbon on 26 and 27 June 1992,Having regard to Decision 94/942/CFSP (1),Whereas further to Decision 98/106/CFSP (2) updating Annex I to the above Decision, Annex V to the Decision also needs updating,HAS DECIDED AS FOLLOWS:Article 1 The list contained in Annex V to Decision 94/942/CFSP, referred to in Article 6 of that Decision, and in Article 20(1) of Council Regulation (EC) No 3381/94 of 19 December 1994 setting up a Community regime for the control of exports of dual-use goods (3) shall be amended as follows:- as from 8 March 1998 the table corresponding to headings 0C004 to 0C201 shall be replaced by the following:>TABLE>- as from the 30th day following the entry into force of this Decision, the table corresponding to headings 0C004 to 0C201 shall be replaced by the following:>TABLE>Article 2 This Decision shall be published in the Official Journal.Article 3 This Decision shall enter into force on the day of its publication.Article 1, first indent shall apply from 8 March 1998, and Article 1, second indent shall apply from the 30th day following the date of publication.Done at Brussels, 18 January 1999.For the CouncilThe PresidentO. LAFONTAINE(1) OJ L 367, 31. 12. 1994, p. 8. Decision as last amended by Decision 98/232/CFSP (OJ L 92, 25. 3. 1998, p. 1).(2) OJ L 32, 6. 2. 1998, p. 1.(3) OJ L 367, 31. 12. 1994, p. 1. Regulation as amended by Regulation (EC) No 837/95 (OJ L 90, 21. 4. 1995, p. 1).


title: 87/517/EEC: Council Decision of 5 October 1987 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Economic Community and the Islamic Republic of Mauritania on fishing off the coast of Mauritania

text:
No L 302 / 24                               Official Journal of the European Communities                                      24 . 10 . 87
                                                        COUNCIL DECISION
                                                          of 5 October 1987
                  on the conclusion of an Agreement in the form of an Exchange of Letters concerning the
                  provisional application of the Agreement between the European Economic Community and
                             the Islamic Republic of Mauritania on fishing off the coast of Mauritania
                                                            ( 87 / 517 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 between the European Economic Community and the
                                                                          Islamic Republic of Mauritania on fishing off the coast of
Having regard to the Treaty establishing the European                     Mauritania is hereby approved on behalf of the
Economic Community ,                                                      Community.
Having regard to the Act of Accession of Spain and Portugal ,             The texts of the Agreement in the form of an Exchange of
and in particular Article 155 ( 2 ) ( b ) and Article 354 ( 3 )           Letters and of the Agreement are attached to this
thereof,                                                                  Decision .
Having regard to the proposal from the Commission ,
Whereas the Community and Mauritania have negotiated                                                      Article 2
and initialled an Agreement on fishing off the coast of
Mauritania , which provides fishing opportunities for the                 To take into consideration the interests of the Canary
fishermen of the enlarged Community in the waters over                    Islands , the Agreement and , to the extent required for its
which Mauritania has sovereignty or jurisdiction ;                        implementation , the provisions of the common fisheries
                                                                          policy on the conservation and management of fishery
Whereas Decision 86 / 640 / EEC (*) authorized Portugal to                resources shall also apply to vessels sailing under the flag of
extend the fisheries cooperation agreement it concluded with              Spain which are recorded on a permanent basis in the
Mauritania on 6 January 1984 ;                                            registers of the competent authorities at local level (registros
                                                                          de base ) in the Canary Islands subject to the conditions
Whereas , pursuant to Article 155 ( 2 ) ( b ) of the Act of               defined in Note 6 of Annex I of Council Regulation ( EEC )
Accession , the Council is required to determine the                      No 570 / 86 of 24 February 1986 concerning the definition of
procedures appropriate to take into consideration all or part             the concept of 'originating products' and methods of
of the interests of the Canary Islands when it adopts                     administrative cooperation in the trade between the customs
decisions , case by case , in particular with a view to the               territory of the Community , Ceuta and Melilla and the
conclusion of fisheries agreements with third countries ;                 Canary Islands ( 2 ).
whereas the said procedures need to be determined in this
particular case ;
Whereas , in addition , in order to enable fishing by vessels of                                          Article 3
the enlarged Community to continue , the two parties have
initialled en Exchange of Letters providing for the                       The President of the Council is hereby authorized to
provisional application of the Agreement from 1 July 1987 ;               designate the persons empowered to sign the Agreement in
whereas it is therefore imperative to conclude that Exchange              the form of an Exchange of Letters in order to bind the
of Letters as soon as possible , pending conclusion of the                Community .
Agreement on the basis of Article 43 of the Treaty ,
HAS DECIDED AS FOLLOWS :
                                                                          Done at Luxembourg, 5 October 1987 .
                             Article 1                                                                              For the Council
                                                                                The President
The Agreement in the form of an Exchange of Letters
concerning the provisional application of the Agreement                                                              N. WILHJELM
(») OJ No L 376 , 31 . 12 . 1986 , p. 111 .                               ( 2 ) OJ No L 56 , 1 . 3 . 1986 , p. 1 .


title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/153

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2007
   (2009/661/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Network and Information Security Agency for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing a European Network and Information Security Agency (4), and in particular Article 17 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 (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A6-0158/2009),

               1.

               Grants the Executive Director of the European Network and Information Security Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2007;

               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 Network and Information Security Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 23.

      (2)  OJ C 311, 5.12.2008, p. 13.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 77, 13.3.2004, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of the Decision on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2007
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Network and Information Security Agency for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing a European Network and Information Security Agency (4), and in particular Article 17 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 (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A6-0158/2009),

               A.

               whereas the Court of Auditors (ECA) stated that it has obtained reasonable assurance that the annual accounts for the financial year 2007 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 22 April 2008 Parliament granted the Executive Director of the European Network and Information Security Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2006 (6),

               1.

               Notes that Regulation (EC) No 1007/2008 (7) extended the Agency’s original five-year mandate, which was due to expire on 13 March 2009, by three years until 13 March 2012;

               2.

               Notes the ECA’s criticism that the implementation of operational activities was concentrated in the last quarter of 2007, with about 40 % of commitments and more than 50 % of payments concerning operational activities being executed in November and December 2007;

               3.

               Notes that, according to the ECA, this was due to the late release of funds; notes the ECA’s general observation that for small agencies with limited resources, releasing funds at the end of the year jeopardises the implementation of operational activities;

               4.

               Notes that in four cases, of a total value of EUR 121 500, appropriations carried over did not correspond to legal commitments;

               5.

               Is not satisfied with the Agency’s reply that in some cases appropriations carried over were calculated with some degree of approximation; calls on the Agency to comply with the Financial Regulation with regard to carry-overs;

               6.

               Notes the ECA’s observations with regard to the inventory, namely that fixed assets were managed using a spreadsheet, which did not guarantee the integrity of the data, and that no exhaustive physical inventory was made;

               7.

               Notes the Agency’s explanation that due to the limited number of items the administrative inventory is managed on spreadsheets and fixed assets are managed in the accounting software; notes that the Agency intends to apply accrual based accounting (ABAC) with regard to assets in 2009;

               8.

               Is worried that the ECA found weaknesses in procurement procedures, notably that:

                           —

                           the pre-selection of bids was not justified,

                           —

                           evaluation documents were not signed by the evaluation committee,

                           —

                           files were not structured and were incomplete;

               9.

               Notes that the Agency acknowledges the shortcomings, and has promised measures to address them, in particular the hiring of an experienced procurement officer;

               10.

               Requests that the Agency report on the measures taken in order to remedy shortcomings in the field of procurement in its annual activity report for 2008;

               11.

               Notes from the Agency’s annual activity report and the report on budgetary and financial management that it was among the first agencies to request the Commission’s support to migrate its financial IT systems to ABAC; regrets that the Commission, due to the heavy process and the simultaneous requests by many other agencies, has not been able to follow up on the Agency’s request in due time;

               12.

               Welcomes the fact that preparations for the migration to ABAC have started, and that the Agency plans to prepare its financial statements for 2009 using ABAC;

               13.

               Refers for other observations accompanying its Decision on discharge which are of a horizontal nature to its Resolution of 23 April 2009 on financial management and control of EU agencies (8).

      (1)  OJ C 278, 31.10.2008, p. 23.

      (2)  OJ C 311, 5.12.2008, p. 13.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 77, 13.3.2004, p. 1.

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

      (6)  OJ L 88, 31.3.2009, p. 217.

      (7)  OJ L 293, 31.10.2008, p. 1.

      (8)  See page 206 of this Official Journal.


title: Council Decision 2005/109/CFSP of 24 January 2005 concerning the conclusion of the Agreement between the European Union and the Kingdom of Morocco on the participation of the Kingdom of Morocco in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)

text:
               8.2.2005

               EN

               Official Journal of the European Union

               L 34/46

         COUNCIL DECISION 2005/109/CFSP
   of 24 January 2005
   concerning the conclusion of the Agreement between the European Union and the Kingdom of Morocco on the participation of the Kingdom of Morocco in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 12 July 2004, the Council adopted Joint Action 2004/570/CFSP on the European Union military operation in Bosnia and Herzegovina (1).

               (2)

               Article 11(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of an agreement, in accordance with Article 24 of the Treaty on European Union.

               (3)

               Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement between the European Union and the Kingdom of Morocco on the participation of the Kingdom of Morocco in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Kingdom of Morocco on the participation of the Kingdom of Morocco in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA) is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 24 January 2005.

            For the Council

            The President

         F. BODEN

      (1)  OJ L 252, 28.7.2004, p. 10.
   AGREEMENT
   between the European Union and the Kingdom of Morocco on the participation of the Kingdom of Morocco in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE KINGDOM OF MOROCCO
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:

               —

               the adoption by the Council of the European Union of Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1),

               —

               the invitation to the Kingdom of Morocco to participate in the EU-led operation,

               —

               the successful completion of the Force Generation process and the recommendation by the EU Operation Commander and the EU Military Committee to agree on the participation of the Kingdom of Morocco's forces in the EU-led operation,

               —

               Political and Security Committee Decision BiH/1/2004 of 21 September 2004 (2) on the acceptance of the Kingdom of Morocco’s contribution to the EU military operation in Bosnia and Herzegovina,

               —

               Political and Security Committee Decision BiH/3/2004 of 29 September 2004 on the setting up of the Committee of Contributors for the EU military operation in Bosnia and Herzegovina (3),

         HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the operation
   1.   The Kingdom of Morocco shall associate itself with Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU military crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the Kingdom of Morocco to the EU military crisis management operation is without prejudice to the decision-making autonomy of the European Union.
   3.   The Kingdom of Morocco shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in conformity with:

               —

               Joint Action 2004/570/CFSP and possible subsequent amendments,

               —

               the Operation Plan,

               —

               implementing measures.

         4.   Forces and personnel seconded to the operation by the Kingdom of Morocco shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
   5.   The Kingdom of Morocco shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 2
   Status of forces
   1.   The status of the forces and personnel contributed to the EU military crisis management operation by the Kingdom of Morocco shall be governed by the provisions on the status of forces, if available, agreed between the European Union and the host country.
   2.   The status of the forces and personnel contributed to headquarters or command elements located outside Bosnia and Herzegovina shall be governed by arrangements between the headquarters and command elements concerned and the Kingdom of Morocco.
   3.   Without prejudice to the provisions on the status of forces referred to in paragraph 1, the Kingdom of Morocco shall exercise jurisdiction over its forces and personnel participating in the EU military crisis management operation.
   4.   The Kingdom of Morocco shall be responsible for answering any claims linked to participation in the EU military crisis management operation, from or concerning any of its forces and personnel. The Kingdom of Morocco shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.
   5.   The Kingdom of Morocco undertakes to make a declaration as regards the waiver of claims against any State participating in the EU military crisis management operation, and to do so when signing this Agreement.
   6.   The European Union undertakes to ensure that Member States make a declaration as regards the waiver of claims, for the participation of the Kingdom of Morocco in the EU military crisis management operation, and to do so when signing this Agreement.
   Article 3
   Classified information
   1.   The Kingdom of Morocco shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (4), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.
   2.   Where the EU and the Kingdom of Morocco have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of the EU military crisis management operation.
   Article 4
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the operational and tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.
   3.   The Kingdom of Morocco shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with the Kingdom of Morocco, at any time request the withdrawal of the Kingdom of Morocco’s contribution.
   5.   A senior military representative (SMR) shall be appointed by the Kingdom of Morocco to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day to day contingent discipline.
   Article 5
   Financial aspects
   1.   The Kingdom of Morocco shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (5).
   2.   In the case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Kingdom of Morocco shall, when its liability has been established, pay compensation under the conditions foreseen in the provisions on status of forces, if available, as referred to in Article 2(1) of this Agreement.
   Article 6
   Arrangements to implement the Agreement
   Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authorities of the Kingdom of Morocco.
   Article 7
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 8
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 9
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall remain in force for the duration of the Kingdom of Morocco's contribution to the operation.

      Done at Brussels, on  in the English language in four copies.

            For the European Union

            For the Kingdom of Morocco

      (1)  OJ L 252, 28.7.2004, p. 10.

      (2)  OJ L 324, 27.10.2004, p. 20.

      (3)  OJ L 325, 28.10.2004, p. 64. Decision as amended by Decision BiH/5/2004 (OJ L 357, 2.12.2004, p. 39).

      (4)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2004/194/EC (OJ L 63, 28.2.2004, p. 48).

      (5)  OJ L 63, 28.2.2004, p. 68.
   DECLARATIONS
   referred to in Article 2(5) and (6) of the Agreement
   Declaration by the EU Member States:
   ‘The EU Member States applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Kingdom of Morocco for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the Kingdom of Morocco in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by the Kingdom of Morocco, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the Kingdom of Morocco using those assets.’

         Declaration by the Kingdom of Morocco:
   ‘The Kingdom of Morocco applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’


title: 2009/506/EC: Commission Decision of 30 June 2009 appointing members of the Committee for Orphan Medicinal Products (Text with EEA relevance)

text:
               1.7.2009

               EN

               Official Journal of the European Union

               L 171/47

      COMMISSION DECISION

   of 30 June 2009
   appointing members of the Committee for Orphan Medicinal Products
   (Text with EEA relevance)
   (2009/506/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (1), and in particular Article 4(3) thereof,
   Having regard to the recommendation of the European Medicines Agency of 3 April 2009,
   Whereas:

               (1)

               The term of office of four members of the Committee for Orphan Medicinal Products, hereinafter ‘the Committee’, set up in accordance with Article 4 of Regulation (EC) No 141/2000, expired on 15 April 2009. One member of the Committee whose term of office expired was appointed by the Commission on the basis of a recommendation from the European Medicines Agency. Three other members whose term of office expired were appointed by the Commission to represent patients organisations. It is necessary, therefore, to appoint four members to the Committee.

               (2)

               The European Medicines Agency has recommended one person for nomination.

               (3)

               The members of the Committee should be appointed for a period of three years starting on 1 July 2009,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The following is hereby appointed member of the Committee for Orphan Medicinal Products, hereinafter referred to as ‘the Committee’, to represent patients organisations for a term of three years, from 1 July 2009:
   Ms Lesley Claire GREENE.
   2.   The following are hereby reappointed members of the Committee to represent patients organisations for a term of three years, from 1 July 2009:

               Ms Birthe Byskov HOLM,

               Dr Marie Pauline EVERS.

         Article 2
   On the recommendation of the European Medicines Agency, the following is hereby reappointed member of the Committee for a term of three years, from 1 July 2009:
   Dr David LYONS.

      Done at Brussels, 30 June 2009.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 18, 22.1.2000, p. 1.


title: Decision (EU) 2015/1647 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the European Banking Authority for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/204

      DECISION (EU) 2015/1647 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the European Banking Authority for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Banking Authority for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Banking Authority for the financial year 2013, together with the Authority's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Authority in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  having regard to 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 (3),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (5), and in particular Article 64 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6),

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in particular Article 108 thereof,

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Economic and Monetary Affairs (A8-0072/2015),

         1.

            Grants the Executive Director of the European Banking Authority discharge in respect of the implementation of the Authority's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Banking 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

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 112.

         (2)  See footnote 1.

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

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

         (5)  OJ L 331, 15.12.2010, p. 12.

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

         (7)  OJ L 328, 7.12.2013, p. 42.


title: 2009/188/EC,Euratom: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the Education, Audiovisual and Culture Executive Agency for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/64

      DECISION OF THE EUROPEAN PARLIAMENT

   of 22 April 2008
   on discharge in respect of the implementation of the budget of the Education, Audiovisual and Culture Executive Agency for the financial year 2006
   (2009/188/EC, Euratom)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2006 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (SEC(2007) 1056 — C6-0390/2007, SEC(2007) 1055 — C6-0362/2007) (2),
   having regard to the final annual accounts of the Education, Audiovisual and Culture Executive Agency for the financial year 2006 (3),
   having regard to the Commission's annual report to the discharge authority on the follow-up to 2005 discharge decisions (COM(2007) 538, COM(2007) 537), and to the Commission staff working document — Annex to the report from the Commission to the European Parliament on the follow-up to 2005 discharge procedure (SEC(2007) 1185, SEC(2007) 1186),
   having regard to the Commission communication entitled ‘Policy Achievements in 2006’ (COM(2007) 67),
   having regard to the Commission communication entitled ‘Synthesis of the Commission's management achievements in 2006’ (COM(2007) 274),
   having regard to the Commission's annual report to the discharge authority on internal audits carried out in 2006 (COM(2007) 280), and to the Commission staff working document accompanying the annual report to the discharge authority on internal audits carried out in 2006 (SEC(2007) 708),
   having regard to the Commission's report on Member States' replies to the Court of Auditors' 2005 annual report (COM(2007) 118),
   having regard to the Green Paper on the European Transparency Initiative, adopted by the Commission on 3 May 2006 (COM(2006) 194),
   having regard to Opinion No 2/2004 of the Court of Auditors on the ‘single audit’ model (and a proposal for a Community internal control framework) (4),
   having regard to the Commission communication on a roadmap to an integrated internal control framework (COM(2005) 252),
   having regard to the Commission's action plan towards an integrated internal control framework (COM(2006) 9), the report from the Commission to the Council, the European Parliament and the Court of Auditors on the progress of the Commission action plan towards an integrated internal control framework (COM(2007) 86), and the Commission staff working document accompanying that report (SEC(2007) 311),
   having regard to Opinion No 6/2007 of the Court of Auditors on the annual summaries of Member States; ‘national declarations’ of Member States; and audit work on EU funds of national audit bodies (5),
   having regard to the Commission's action plan to strengthen the Commission's supervisory role under shared management of structural actions (COM(2008) 97),
   having regard to the report from the Commission to the Council, the European Parliament and the Court of Auditors on the Commission action plan towards an integrated internal control framework (COM(2008) 110), and the Commission staff working document accompanying that report (SEC(2008) 259),
   having regard to the Court of Auditors' report on the final annual accounts of the Education, Audiovisual and Culture Executive Agency for the financial year 2006, together with the Agency's replies (6),
   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 248 of the EC Treaty (7),
   having regard to the Council's recommendation of 12 February 2008 (5855/2008 — C6-0083/2008),
   having regard to Articles 274, 275 and 276 of the EC Treaty, and Articles 179a and 180b of the Euratom Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (8), and in particular Article 55 thereof,
   having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (9), and in particular Article 14(3) thereof,
   having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (10), and in particular the first and second paragraphs of Article 66 thereof,
   having regard to Commission Decision 2005/56/EC of 14 January 2005 on the creation of the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003 (11),
   having regard to Rule 70 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A6-0109/2008),

               A.

               whereas under Article 274 of the EC Treaty the Commission implements the budget on its own responsibility, having regard to the principles of sound financial management,

               1.

               Grants the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency's budget for the financial year 2006;

               2.

               Sets out its observations in the resolution that forms an integral part of the decision on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section III — Commission;

               3.

               Instructs its President to forward this Decision, together with the Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section III — Commission and the resolution that forms an integral part of that Decision, to the Director of the Education, Audiovisual and Culture Executive Agency, the Council, the Commission, the Court of Justice and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ L 78, 15.3.2006.

      (2)  OJ C 274, 15.11.2007, p. 1.

      (3)  OJ C 261, 31.10.2007, p. 32.

      (4)  OJ C 107, 30.4.2004, p. 1.

      (5)  OJ C 216, 14.9.2007, p. 3.

      (6)  OJ C 309, 19.12.2007, p. 13.

      (7)  OJ C 274, 15.11.2007, p. 130.

      (8)  OJ L 248, 16.9.2002, p. 1.

      (9)  OJ L 11, 16.1.2003, p. 1.

      (10)  OJ L 297, 22.9.2004, p. 6.

      (11)  OJ L 24, 27.1.2005, p. 35.


title: Commission Decision (EU) 2016/995 of 26 October 2015 on the State aid SA.24571 — 2009/C (ex C 1/09, ex NN 69/08) granted by Hungary to MOL Nyrt. (notified under document C(2015) 7324) (Text with EEA relevance)

text:
               21.6.2016

               EN

               Official Journal of the European Union

               L 162/22

         COMMISSION DECISION (EU) 2016/995
   of 26 October 2015
   on the State aid SA.24571 — 2009/C (ex C 1/09, ex NN 69/08) granted by Hungary to MOL Nyrt.

         (notified under document C(2015) 7324)

   (Only the Hungarian text is authentic)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
   Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
   Having regard to the decision by which the Commission decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union, in respect of the aid SA.24571 (ex C 1/09, ex NN 69/08) (1),
   Having called on interested parties to submit their comments pursuant to the provisions cited above, and having regard to their comments,
   Whereas:
   1.   BACKGROUND

   1.1.   Measures at issue

               (1)

               The general rules governing mining activities in Hungary are laid down in the 1993 Act on Mining (2) (‘the Mining Act’). The Mining Act distinguishes mining activities exercised on the basis of two different legal instruments: (i) concession (3); and (ii) authorisation (4). In both cases the extraction of mineral resources is subject to a mining fee payable to the state constituting a percentage of the value of the minerals extracted.

               (2)

               The Mining Act stipulates that where a mining company which obtained the mining authorisation does not start extraction within five years from the date of the authorisation, the mining right is withdrawn. However, according to Section 26/A (5) of the Mining Act this deadline may be extended by agreement between the mining authority and the mining company. In such case the mining company shall pay a fee which is higher than the fee applied at the time of the original application but at no more than 1,2 times the original level.

               (3)

               Hungarian Oil & Gas Plc (Magyar Olaj- és Gázipari Nyrt.; ‘MOL’) obtained several authorisations to extract hydrocarbons. Since MOL did not start the extraction of hydrocarbons within five years from the date of the authorisations, on 22 December 2005 the competent minister concluded an extension agreement (‘the 2005 agreement’) with MOL. The 2005 agreement provided for an extension fee calculated on a yearly basis until 2020 by using the original authorisation mining fee of 12 % and a multiplier ranging between 1,020 and 1,050.

               (4)

               On the basis of the amendment to the Mining Act that which entered into force on 8 January 2008, the mining fee for authorisations to extract hydrocarbons was increased from 12 % to 30 % of the value of the minerals extracted (5) (‘the 2008 amendment to the Mining Act’). The increased fee was not applicable to those operators whose mining authorisations had previously been extended.

         1.2.   Opening of the formal investigation

               (5)

               On 13 January 2009, the Commission decided to initiate the formal investigation procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (6) (‘TFEU’) into measures put in place by Hungary allegedly constituting State aid in favour of MOL. The Commission Decision of 13 January 2009 concerning the case SA.24571 (ex C 1/09; ex NN 69/08) (‘the opening decision’) was published in the Official Journal of the European Union on 28 March 2009 (7).

               (6)

               In the opening decision the Commission expressed its concerns as to whether the combined sequence of actions undertaken by Hungary led to a selective advantage being granted to MOL. The sequence of actions was composed of two elements: the 2005 agreement and the 2008 amendment to the Mining Act. In the preliminary assessment of the Commission, the Hungarian authorities treated MOL more favourably than its competitors operating under the same authorisation regime.

         1.3.   Closing of the formal investigation

               (7)

               By its Decision 2011/88/EU (8) on State aid SA.24571 (ex C 1/09; ex NN 69/08) granted by Hungary to MOL (‘the contested decision’), the Commission concluded that the measure in favour of MOL, i.e. the combination of the 2005 agreement and the 2008 amendment to the Mining Act, constituted State aid incompatible with the internal market within the meaning of Article 107(1) TFEU. The Commission requested that Hungary recover the aid from MOL in order to re-establish the situation that existed on the market before it was granted (9).

         1.4.   The General Court judgment of 12 November 2013 in Case T-499/10, MOL Nyrt. v European Commission

               (8)

               Following an action brought by MOL, the General Court by its judgment of 12 November 2013 in Case T-499/10 (10) annulled the contested decision on the ground that the selectivity of the measure had not been established.

               (9)

               The General Court concluded that the 2005 agreement was not selective. The General Court stated that the scope of discretion of the Hungarian authorities enabled them to preserve equal treatment between mining companies in a comparable situation. Therefore, in view of the General Court, if conditions external to an agreement which does not involve State aid change later on in such a way that the party to such agreement is in an advantageous position vis-à-vis other operators that have not concluded a similar agreement, this should not be sufficient to consider the agreement and the subsequent modification of the conditions external to that agreement as constituting State aid.

         1.5.   The European Court of Justice judgment of 4 June 2015 in Case C-15/14 P, European Commission v MOL Nyrt.

               (10)

               By its judgment of 4 June 2015 in Case C-15/14 P (11), the Court of Justice upheld the judgment of the General Court annulling the contested decision.

               (11)

               In its ruling, the Court of Justice confirmed the General Court's assessment that the selective nature of the 2005 agreement was not established and that the combination of the 2005 agreement and the 2008 amendment to the Mining Act could not be categorised as a single State aid measure for the purposes of Article 107(1) TFEU.

               (12)

               The Court of Justice underlined that there is a fundamental difference between the assessment of the selectivity of general schemes for exemption or relief which by definition confer an advantage and the assessment of the selectivity of optional provisions of national law prescribing the imposition of additional charges. In cases in which the national authorities impose additional charges in order to maintain equal treatment between operators, the simple fact that those authorities enjoy discretion defined by law, and not unlimited, cannot be sufficient to establish that the corresponding scheme is selective.

               (13)

               For the above reason, according to the Court of Justice, the present case can be distinguished from cases in which the exercise of such a margin is connected with the grant of an advantage in favour of a specific economic operator (12).

               (14)

               Furthermore, the Court of Justice stated that the legal framework by which the national authorities impose additional charges in order to maintain equal treatment between operators could be only considered as selective if the national authorities while exercising their margin of assessment would favour certain operators without any objective reason.

               (15)

               The Court of Justice pointed out that in the present case there was no evidence that the Hungarian authorities, when exercising their power to increase the mining fees in the event of an extension of authorisation, treated MOL in unjustified, favourable manner (13).

               (16)

               Therefore, the Court of Justice concluded that the legal framework governing the conclusion of the extension agreements cannot be considered as selective in the present case.

               (17)

               With reference to the combined sequence of actions constituting a single State aid measure, the Court of Justice made reference to the case-law, by stating that a single aid measure may consist of combined elements on condition that, having regard to their chronology, their purpose and the circumstances of the undertaking at the time of their intervention, they are so closely linked to each other that they are inseparable from one another (14).

               (18)

               Nevertheless, in the present case, the Court of Justice underlined that the increase in mining fees, which entered into force in 2008, occurred in a context of an increase in international crude oil prices, i.e. the state exercised its regulatory power in an objectively justified manner following a market evolution. Furthermore, there were no indications that the 2005 agreement had been concluded in anticipation of the 2008 amendment (15).

               (19)

               Therefore, the Court of Justice concluded that there was no chronological and/or functional link between the 2005 agreement and the 2008 amendment to the Mining Act that could allow them to be interpreted as a single State aid measure.

         2.   PROCEDURE

               (20)

               In view of the annulment of the contested decision by the Court, the formal investigation procedure remains open. Indeed, neither the General Court nor the Court of Justice had considered that the opening decision in the present case was vitiated by any error. The Commission has therefore to adopt a final decision remedying the defects identified by the EU Courts.

         3.   ASSESSMENT

               (21)

               Article 107(1) TFEU provides that any aid granted by a Member State or through State resources in any form whatsoever, which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods and affects trade among Member States, is incompatible with the internal market. Those conditions are cumulative. If one of them is not met, the measure at hand does not qualify as State aid within the meaning of Article 107(1) TFEU.

               (22)

               In the circumstances of the present case, it is appropriate to confine the assessment to the condition of selectivity.

         3.1.   Selectivity

               (23)

               To be considered State aid, a measure must be specific or selective in that it favours only certain undertakings or the production of certain goods.

               (24)

               As described above in recitals 12 and 13, Section 26/A (5) of the Mining Act does not constitute a general scheme for an exemption or relief provided to certain undertakings. On the contrary, it allows the Hungarian authorities to impose a higher extension fee for the extension of mining authorisations. The same terms and conditions are applied to all operators in a comparable factual and legal situation.

               (25)

               As described above in recitals 14 and 15, there is no evidence of unjustified favourable treatment of MOL by the Hungarian authorities in relation to any other operator that could have been potentially in a comparable situation. The fact that the Hungarian authorities enjoy a certain level of discretion which is defined by law but not unlimited when fixing the extension fee cannot be sufficient to establish that the legal framework set out under Section 26/A (5) of the Mining Act is selective.

               (26)

               With reference to the combined effects of the 2005 agreement and the 2008 amendment to the Mining Act, the Commission notes that in line with the case-law of the Court of Justice a single aid measure may consist of combined elements on condition that, having regard to their chronology, their purpose and the circumstances of the undertaking at the time of their intervention, they are so closely linked to each other that they are inseparable from one another (16).

               (27)

               However, in the present case, as described above in recital 18, there is no evidence that Hungary signed the 2005 agreement while having already at that time an intention to subsequently increase the mining fee to the detriment of other market operators already present on the market on the date when that agreement was signed or of new operators. The increase in the mining fees imposed on the basis of the 2008 amendment to the Mining Act occurred in a context of an increase in international prices.

               (28)

               Therefore, as described above in recital 19, since there is no chronological and/or functional link between the 2005 agreement and 2008 amendment to the Mining Act, they cannot be interpreted as constituting a single aid measure.

         3.2.   Conclusion on assessment

               (29)

               On the basis of the foregoing, the Commission concludes that the sequence of actions undertaken by Hungary, i.e. the 2005 extension agreement and the subsequent amendment to the Mining Act, was not selective towards MOL.

               (30)

               Considering that the sequence of actions composed of the 2005 agreement and the subsequent amendment to the Mining Act is not selective, it is not necessary to assess whether the other conditions for State aid under Article 107(1) TFEU exist.

         4.   CONCLUSION

               (31)

               In the light of the above, the re-assessment of the alleged aid which was the object of the opening decision leads to the conclusion that the measure in favour of MOL under scrutiny, i.e. the combination of the 2005 agreement and the 2008 amendment to the Mining Act does not constitute State aid within the meaning of Article 107(1) TFEU,

         HAS ADOPTED THIS DECISION:
   Article 1
   The combination of the fixed mining fee defined in the extension agreement concluded between the Hungarian State and MOL Nyrt. on 22 December 2005 and the subsequent amendments to Act XLVIII of 1993 on Mining does not constitute State aid to MOL Nyrt. within the meaning of Article 107(1) TFEU.
   Article 2
   This Decision is addressed to Hungary.

      Done at Brussels, 26 October 2015.

            For the Commission

         Margrethe VESTAGER

            Member of the Commission

      (1)  OJ C 74, 28.3.2009, p. 63.

      (2)  1993. évi XLVIII. Törvény a bányászatról (Act No XLVIII of 1993 on Mining).

      (3)  Concessions concern so called ‘closed areas’ considered to be rich in minerals and highly valuable. Concessions are granted by the competent national authority to successful bidders following an open tender procedure.

      (4)  Authorisations concern so called ‘open areas’ considered to be less rich in minerals and less valuable. Authorisations cannot be refused by the competent national authority if the applicant fulfils the conditions laid down by law.

      (5)  This increase concerned the fields put into production between 1 January 1998 and 1 January 2008.

      (6)  OJ C 115, 9.5.2008, p. 92.

      (7)  See footnote 1.

      (8)  Commission Decision 2011/88/EU of 9 June 2010 on state aid C 1/09 (ex NN 69/08) granted by Hungary to MOL Nyrt. (OJ L 34, 9.2.2011, p. 55).

      (9)  The amount to be recovered was HUF 28 444,7 million for 2008 and HUF 1 942,1 million for 2009. As regards 2010, in respect of mining fee payments already made, the amount to be recovered was supposed to be calculated by Hungary, in the same way as for 2008 and 2009, until the measure was abolished.

      (10)  Case T-499/10 MOL v Commission, EU:T:2013:592.

      (11)  Case C-15/14 P Commission v MOL, EU:C:2015:362.

      (12)  Judgment in Case C-15/14 P; see footnote 11 above; paragraphs 64, 65 and 69.

      (13)  Judgment in Case C-15/14 P; see footnote 11 above; paragraphs 66 and 69.

      (14)  Judgment in Case C-15/14 P; see footnote 11 above; paragraph 92.

      (15)  Judgment in Case C-15/14 P; see footnote 11 above; paragraphs 96 and 98.

      (16)  Joined Cases C-399/10 P and C-401/10 P Bouygues and Bouygues Télécom v Commission and others, EU:C:2013:175, paragraphs 103 and 104.