title: Council Decision (CFSP) 2015/599 of 15 April 2015 appointing the European Union Special Representative for the Middle East Peace Process (MEPP)

text:
               16.4.2015

               EN

               Official Journal of the European Union

               L 99/29

         COUNCIL DECISION (CFSP) 2015/599
   of 15 April 2015
   appointing the European Union Special Representative for the Middle East Peace Process (MEPP)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               The resolution of the Israeli/Palestinian conflict is a strategic priority for the Union and the Union must remain actively engaged until it is solved on the basis of the two-State solution.

               (2)

               A European Union Special Representative (EUSR) for the Middle East Peace Process (MEPP) should be appointed for a period of 12 months.

               (3)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   Mr Fernando GENTILINI is hereby appointed as the European Union Special Representative (EUSR) for the Middle East Peace Process (MEPP) until 30 April 2016. The Council may decide that the mandate of the EUSR be terminated earlier, on the basis of an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   1.   The mandate of the EUSR shall be based on the Union's policy objectives regarding the MEPP.
   2.   The overall objective is a comprehensive peace that should be achieved on the basis of a two-State solution, with Israel and a democratic, contiguous, viable, peaceful and sovereign Palestinian State living side by side within secure and recognised borders enjoying normal relations with their neighbours in accordance with the relevant United Nations (UN) Security Council Resolutions, the Madrid principles, including land for peace, the Roadmap, the agreements previously reached by the parties, and the Arab Peace Initiative. In light of the different strands of the Israeli-Arab relations, the regional dimension constitutes an essential element for a comprehensive peace.
   3.   In achieving this objective, policy priorities are the preservation of the two-State solution and relaunching and supporting the peace process. Clear parameters defining the basis for negotiations are key elements for a successful outcome and the Union has set out its position with regard to such parameters in the Council conclusions of December 2009, December 2010 and July 2014, which it will continue to actively promote.
   4.   The Union is committed to working with the parties and with partners in the international community, including through participating in the Middle East Quartet (‘the Quartet’) and actively pursuing appropriate international initiatives to create a new dynamic for the negotiations.
   Article 3
   Mandate
   1.   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               provide an active and efficient Union contribution to actions and initiatives leading to a final settlement of the Israeli/Palestinian conflict based on the two-State solution and in line with the Union parameters;

               (b)

               facilitate and maintain close contacts with all the parties to the peace process, relevant political actors, other countries of the region, members of the Quartet and other relevant countries, as well as the UN and other relevant international organisations, like the League of Arab States, in order to work with them in strengthening the peace process;

               (c)

               work as appropriate to promote and contribute to a possible new framework of negotiations in consultation with all the key stakeholders and the Union Member States;

               (d)

               actively support and contribute to peace negotiations between the parties, including by putting forward proposals on behalf of the Union in the context of those negotiations;

               (e)

               ensure continued presence of the Union in relevant international forums;

               (f)

               contribute to crisis management and prevention, including with regard to Gaza;

               (g)

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

               (h)

               contribute to political efforts to bring about a fundamental change leading to a sustainable solution for the Gaza Strip which is an integral part of a future Palestinian State and should be addressed in the negotiations;

               (i)

               pay particular attention to factors affecting the regional dimension of the peace process, to the engagement with Arab partners and to the implementation of the Arab Peace Initiative;

               (j)

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

               (k)

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

               (l)

               engage the parties in refraining from unilateral actions threatening the viability of the two-State solution;

               (m)

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

               (n)

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

               (o)

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

         2.   The EUSR shall support the work of the HR, while maintaining an overview of all MEPP related activities of the Union in the region.
   Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and the relevant departments thereof.
   4.   The EUSR shall work in close coordination with the Union Representative Office in Jerusalem, the Union delegation in Tel Aviv, as well as with all other relevant Union delegations in the region.
   5.   The EUSR shall be primarily based in the region while ensuring a regular presence at the EEAS headquarters.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period until 30 April 2016 shall be EUR 1 980 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, the institutions of the Union and the EEAS may propose the secondment of staff to the EUSR. The salary of such seconded personnel shall be covered by the Member State concerned, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and the staff of the EUSR
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the EUSR's mission and the members of the EUSR's staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR's team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (1).
   Article 9
   Access to information and logistical support
   1.   The Member States, the EEAS, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations in the region and/or the Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR's direct authority, in particular by:

               (a)

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

               (b)

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

               (c)

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

               (d)

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

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the EEAS with oral and written reports. The EUSR will report regularly to PSC in addition to the minimum requirements for reporting and objective setting as set out in the Guidelines on appointments, mandate and financing of Union Special Representatives. The EUSR shall also report to Council working parties as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Commission. The EUSR shall provide regular briefings to Member States' missions and the Union delegations.
   2.   In the field, close liaison shall be maintained with the Heads of Union delegations, Heads of CSDP Missions and Member States' Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR, in close coordination with the Head of Union delegation in Tel Aviv and the Union Representative Office in Jerusalem, shall provide the Heads of the European Union Police Mission in the Palestinian Territory (EUPOL COPPS) and of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) with local political guidance. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a progress report by the end of September 2015 and a comprehensive mandate implementation report by the end of January 2016.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 15 April 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


               12.2.2016

               EN

               Official Journal of the European Union

               C 55/79

         P7_TA(2013)0216
   Non-objection to an implementing measure: transit of certain animal by-products from Bosnia and Herzegovina
   European Parliament decision to raise no objections to the draft Commission regulation amending Regulation (EU) No 142/2011 as regards the transit of certain animal by-products from Bosnia and Herzegovina (D025828/03 — 2013/2598(RPS))
   (2016/C 055/10)

      The European Parliament,

               —

               having regard to the draft Commission regulation (D025828/03),

               —

               having regard to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption (1), and in particular Article 41(3) and Article 42(2) thereof,

               —

               having regard to the opinion delivered on 5 March 2013 by the committee referred to in Article 52 of Regulation (EC) No 1069/2009,

               —

               having regard to the Commission’s letter of 16 May 2013 asking Parliament to declare that it will raise no objections to the draft regulation,

               —

               having regard to the letter of 21 May 2013 from the Committee on the Environment, Public Health and Food Safety to the Chair of the Conference of Committee Chairs,

               —

               having regard to Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2),

               —

               having regard to Rules 88(4)(d) and 87a(6) of its Rules of Procedure,

               —

               having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 87a(6) of its Rules of Procedure, which expired on 22 May 2013,

               1.

               Declares that it has no objections to the draft Commission regulation;

               2.

               Instructs its President to forward this decision to the Commission and, for information, to the Council.

      (1)  OJ L 300, 14.11.2009, p. 1.

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


Avis juridique important

|

32003D0856

2003/856/CFSP: Council Decision 2003/856/CFSP of 8 December 2003 concerning the implementation of Joint Action 2002/210/CFSP on the European Union Police Mission

Official Journal L 323 , 10/12/2003 P. 0013 - 0013

Council Decision 2003/856/CFSPof 8 December 2003concerning the implementation of Joint Action 2002/210/CFSP on the European Union Police MissionTHE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Joint Action 2002/210/CFSP of 11 March 2002 on the European Union Police Mission (EUPM)(1), and in particular Article 9(1)(b), last subparagraph thereof, in conjunction with the second indent of Article 23(2) of the Treaty on European Union,Whereas:The Council should decide on the final budget for the year 2004,HAS DECIDED AS FOLLOWS:Article 11. An amount of EUR 17,5 million covering operational running costs of EUPM in 2004 shall be financed in common from the general budget of the European Union.2. The management of the expenditure financed by the general budget of the European Union specified in paragraph 1 shall be subject to the procedures and rules of the Community applying to budget matters with the exception that any pre-financing shall not remain the property of the Community.Article 2This Decision shall take effect on the date of its adoption.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 8 December 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 70, 13.3.2002, p. 1.


European Parliament decision on setting up a temporary committee on human genetics and other new technologies in modern medicine


Avis juridique important

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31994D0357

94/357/EC: Council Decision of 21 February 1994 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America on the mutual recognition of certain distilled spirits/spirit drinks

Official Journal L 157 , 24/06/1994 P. 0036 - 0036 Finnish special edition: Chapter 11 Volume 32 P. 0057  Swedish special edition: Chapter 11 Volume 32 P. 0057

COUNCIL DECISION of 21 February 1994 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America on the mutual recognition of certain distilled spirits/spirit drinks  (94/357/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) thereof,  Having regard to the recommendation from the Commission,  Whereas exports of Community spirit drinks represent a significant share of trade in this sector; whereas the trend in exports is progressing satisfactorily as a result of the quality for which these products are recognized on the markets of third  countries;  Whereas recognition by third countries, and in particular by the United States of America, of Community geographical designations for spirit drinks is an essential factor in maintaining and increasing these exports;  Whereas the Community may only conclude an agreement on protection and mutual recognition in this sector on the basis of the principle of reciprocity as laid down in Article 11 of Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down the  general rules on the definition, description and presentation of spirit drinks (1);  Whereas it is necessary to authorize the French Republic to maintain in force the Agreement in the form of an Exchange of Letters dated 2 December 1970 and 18 January 1971 in so far as it is complementary to the Agreement that forms the subject of this  Decision;  Whereas the negotiations between the Community and the United States of America have resulted in an Agreement which is equally advantageous to both parties,  HAS DECIDED AS FOLLOWS:   Article 1  The Agreement in the form of an Exchange of Letters between the European Community and the United States of America on the mutual recognition of certain distilled spirits/spirit drinks together with the Side Letter annexed thereto are hereby  approved on behalf of the Community.  The text of the Agreement is attached to this Decision.   Article 2  The French Republic is authorizing to maintain in force the Agreement in the form of an Exchange of Letters dated 2 December 1970 and 18 January 1971 in so far as it is complementary to the Agreement referred to in Article 1.   Article 3  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement referred to in Article 1 in order to bind the Community.   Article 4  This Decision shall be published in the Official Journal of the European Communities.  Done at Brussels, 21 February 1994.  For the Council The President Th. PANGALOS  (1) OJ No L 160, 12. 6. 1989, p. 1. Regulation as amended by Regulation (EEC) No 3280/92 (OJ No L 327, 13. 11. 1992, p. 3).


title: 2014/569/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/182

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2012
   (2014/569/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Aviation Safety Agency for the financial year 2012, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 - C7-0054/2014),

               —

               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 (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council (4) establishing a European Aviation Safety Agency, and in particular Article 60 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 (5),

               —

               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 (6), and in particular Article 108 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0221/2014),

               1.

               Grants the Executive Director of the European Aviation Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2012;

               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 Aviation Safety 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 66.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 79, 19.3.2008, p. 1.

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

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


title: 2012/501/EU: Commission Decision of 7 September 2012 amending Decision 2008/899/EC accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People’s Republic of China

text:
               8.9.2012

               EN

               Official Journal of the European Union

               L 244/27

         COMMISSION DECISION
   of 7 September 2012
   amending Decision 2008/899/EC accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People’s Republic of China
   (2012/501/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Articles 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   EXISTING MEASURES

               (1)

               The Council, by Regulation (EC) No 1193/2008 (2), imposed definitive anti-dumping duties on imports into the Union of citric acid originating in the People’s Republic of China (‘the product concerned’).

               (2)

               The Commission, by Decision 2008/899/EC (3) (‘the Decision’), accepted a price undertaking (‘the undertaking’), inter alia, from Laiwu Taihe Biochemistry Co. Ltd (‘Laiwu Taihe’) together with the China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (‘CCCMC’).

               (3)

               The undertaking accepted from Laiwu Taihe, the sole company which was accorded market economy treatment (‘MET’), set the minimum import price (‘MIP’) for the product covered on the basis of the normal value established during the investigation. In addition, the undertaking provided for the indexation of the MIP in accordance with public international quotations of corn, the main raw material used by the exporting producer.

               (4)

               The company also undertook to report and to respect a certain price regime for all non-Union sales to those customers whose organisation or structure extends beyond the Union, should Laiwu Taihe sell to these customers in the Union.

               (5)

               Furthermore, Laiwu Taihe also agreed to provide the Commission with regular and detailed information concerning its exports to the Union as one of the means by which the undertaking can be monitored effectively by the Commission.

               (6)

               When accepting the undertaking, the Commission considered the risk of cross-compensation as limited.

         B.   CHANGED CIRCUMSTANCES

               (7)

               In autumn 2011, Laiwu Taihe informed the Commission of its intention to start the production of additional types of the product concerned which are not covered by the undertaking and sell them on the Union market subject to anti-dumping duties.

               (8)

               The Commission analysed the implications of this new pattern in trade and considered that there is a high risk of cross-compensation if the product covered and the additional types of the product concerned not covered by the undertaking are sold to the same customers.

               (9)

               In addition, the Commission also learnt about a potential trading company, located at the same premises as Laiwu Taihe without being subject to reporting obligations, and considered it as a further difficulty in the effective monitoring of the undertaking. The Commission informed Laiwu Taihe accordingly and announced that it would be inclined to consider the withdrawal of the undertaking.

               (10)

               Subsequently, Laiwu Taihe offered to sell these additional types of the product concerned respecting the MIP of the product type covered by the undertaking. It also proposed to sell these product types directly to the Union and to extend the reporting obligations to these sales.

               (11)

               The Commission considers that these commitments cannot alter its initial assessment for the following reasons. Firstly, setting a price discipline for the types of the product concerned that the company did not produce during the original investigation period would mean a revision of the scope of the product covered by the undertaking, which should be subject to an interim review to reset the MIP. Otherwise, the high risk of cross-compensation in relation to the product type covered by the undertaking and the other types of the product concerned, when sold to the same customers, would persist. Secondly, the sales to other traders and the increased amount of information to be received under the expanded reporting obligations resulting from the sales of the additional types of the product concerned would render the monitoring of the undertaking very burdensome.

               (12)

               Based on the above considerations, the Commission concluded that following the change in the product variety, the undertaking accepted from Laiwu Taihe becomes impracticable and should be withdrawn.

               (13)

               Laiwu Taihe was informed of the Commission’s conclusions and given an opportunity to comment.

               (14)

               Laiwu Taihe was granted the opportunity to be heard and written submissions were also received in which Laiwu Taihe reiterated its commitments, namely to make all sales of the additional product types respecting the MIP set for the product type covered by the undertaking, only to sell directly to the EU customers without intermediary domestic trade companies in the People’s Republic of China and to provide all export sales documents concerning the two additional product types. In addition, it claimed that the commitment to sell the new product types at or above the MIP of the product covered would not imply a revision of the scope of the product covered which is only possible through an interim review. Moreover, Laiwu Taihe suggested that the Commission services would carry out a verification visit at its premises, inter alia, to verify Laiwu Taihe’s production cost data.

               (15)

               The Commission considers that the submissions do not bring new elements to its assessment. In particular, it is assessed that setting a price for product types which had not been subject to the original investigation due to lack of production cannot eliminate the risk of cross-compensation as such a price had not been established or even verified. As regards the suggested verification of, inter alia, Laiwu Taihe’s production cost structure, this was considered to be reserved to a possible interim review, if requested.

         C.   AMENDMENT OF DECISION 2008/899/EC

               (16)

               Therefore, in accordance with Article 8(9) of the basic Regulation and also in accordance with the relevant clauses of the undertaking authorising the Commission to unilaterally withdraw the undertaking, the Commission has concluded that the acceptance of the undertaking offered by Laiwu Taihe together with CCCMC should be withdrawn and Decision 2008/899/EC should be amended. Accordingly, the definitive anti-dumping duties imposed by Article 1 of Regulation (EC) No 1193/2008 on imports of the product concerned produced by Laiwu Taihe (Taric additional code A880) should apply,

         HAS ADOPTED THIS DECISION:
   Article 1
   Acceptance of the undertaking in relation to Laiwu Taihe Biochemistry Co. Ltd together with the China Chamber of Commerce of Metals, Minerals and Chemicals Importers and Exporters (Taric additional code A880) is hereby withdrawn.
   Article 2
   The table of Article 1 in Decision 2008/899/EC is replaced by the following table:

                  ‘Country

                  Companies

                  Taric additional code

                  People’s Republic of China

                  COFCO Biochemical (Anhui) Co., Ltd — No 73 Daquing Road, Bengbu City 233010, Anhui Province

                  A874

                  Manufactured by RZBC Co., Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province and sold by its related sales company RZBC Imp. & Exp. Co., Ltd — No 66, Lvzhou South Road, Rizhao (Liangyou Grand View Hotel, 22nd Floor, Building A), Shandong Province

                  A926

                  Manufactured by RZBC (Juxian) Co., Ltd — West Wing, Chengyang North Road, Ju County, Rizhao, Shandong Province and sold by its related sales company RZBC Imp. & Exp. Co., Ltd — No 66, Lvzhou South Road, Rizhao (Liangyou Grand View Hotel, 22nd Floor, Building A), Shandong Province

                  A927

                  TTCA Co., Ltd — West, Wenhe Bridge North, Anqui City, Shandong Province

                  A878

                  Yixing Union Biochemical Co., Ltd — Economic Development Zone Yixing City 214203, Jiangsu Province

                  A879

                  Weifang Ensign Industry Co., Ltd, Changsheng Street No 1567, Changle, Weifang, Shandong Province

                  A882’

   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 7 September 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  OJ L 323, 3.12.2008, p. 1.

      (3)  OJ L 323, 3.12.2008, p. 62.


title: 2011/788/EU: Decision of the European Central Bank of 3 November 2011 amending Decision ECB/2010/23 on the allocation of monetary income of the national central banks of Member States whose currency is the euro (ECB/2011/18)

text:
               2.12.2011

               EN

               Official Journal of the European Union

               L 319/116

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 3 November 2011
   amending Decision ECB/2010/23 on the allocation of monetary income of the national central banks of Member States whose currency is the euro
   (ECB/2011/18)
   (2011/788/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 32 thereof,
   Whereas:

               (1)

               Decision ECB/2010/23 of 25 November 2010 on the allocation of monetary income of the national central banks of Member States whose currency is the euro (1) establishes a mechanism for the pooling and allocation of monetary income arising from monetary policy operations.

               (2)

               Decision ECB/2011/17 of 3 November 2011 on the implementation of the second covered bond purchase programme (2) provides for the establishment of a second programme for the purchase of covered bonds for monetary policy purposes.

               (3)

               The Governing Council considers that as with purchases under Decision ECB/2009/16 of 2 July 2009 on the implementation of the covered bond purchase programme (3), covered bonds purchased under Decision ECB/2011/17 should be deemed to generate income at the reference rate as defined in Decision ECB/2010/23.

               (4)

               Decision ECB/2010/23 should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendment
   Article 3(1) of Decision ECB/2010/23 is replaced by the following:

      ‘1.   The amount of each NCB’s monetary income shall be determined by measuring the actual income that derives from the earmarkable assets recorded in its books. As exceptions thereto, gold shall not be considered to generate income, and securities held for monetary policy purposes under Decision ECB/2009/16 of 2 July 2009 on the implementation of the covered bond purchase programme (4) and under Decision ECB/2011/17 of 3 November 2011 on the implementation of the second covered bond purchase programme (5) shall be considered to generate monetary income at the reference rate.

   Article 2
   Final provision
   This Decision shall enter into force on 31 December 2011.

      Done at Frankfurt am Main, 3 November 2011.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 35, 9.2.2011, p. 17.

      (2)  OJ L 297, 16.11.2011, p. 70.

      (3)  OJ L 175, 4.7.2009, p. 18.

      (4)  OJ L 175, 4.7.2009, p. 18.

      (5)  OJ L 297, 16.11.2011, p. 70.’


Avis juridique important

|

31999D0409(01)

Council Decision of 22 March 1999 appointing members and alternates of the Administrative Board of the European Agency for Safety and Health at Work

Official Journal C 097 , 09/04/1999 P. 0001 - 0003

COUNCIL DECISIONof 22 March 1999appointing members and alternates of the Administrative Board of the European Agency for Safety and Health at Work(1999/C 97/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work(1), and in particular Article 8 thereof,Having regard to the Council Decision of 5 October 1995 appointing members and alternates of the Administrative Board of the European Agency for Safety and Health at Work(2),Having regard to the list of nominations for appointment submitted to the Council by the Governments of the Member States,Having regard to the list of nominations for appointment submitted to the Council by the Chairman of the Advisory Committee on Safety, Hygiene and Health Protection at Work as regards the proposal of the groups of members representing employers' and employees' organisations within that Committee,Whereas the term of office of the members and alternates of the Administrative Board of the European Agency for Safety and Health at Work ended on 4 October 1998;Whereas members and alternates of the Administrative Board of the European Agency for Safety and Health at Work should be appointed for a period of three years,HAS DECIDED AS FOLLOWS:Article 1The following shall be appointed members and alternates of the Administrative Board of the European Agency for Safety and Health at Work for the period 22 March 1999 to 21 March 2002:I. GOVERNMENT REPRESENTATIVES>TABLE>II. REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS>TABLE>III. REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS>TABLE>Article 2This Decision shall be published, for information, in the Official Journal of the European Communities.Done at Brussels, 22 March 1999.For the CouncilThe PresidentG. VERHEUGEN(1) OJ L 216, 20.8.1994, p. 1. Regulation as amended by Regulation (EC) No 1643/95 (OJ L 156, 7.7.1995, p. 1).(2) OJ C 296, 10.11.1995, p. 1.


title: 86/304/EEC: Council Decision of 25 June 1986 on the signing of the Wheat Trade Convention, 1986, and the Food Aid Convention, 1986, constituting the International Wheat Agreement, 1986, and the deposit of a declaration of provisional application of these Conventions

text:
17 . 7 . 86                                Official Journal of the European Communities                                  No L 195 / 1
                                                                    II
                                             (Acts whose publication is not obligatory)
                                                         COUNCIL
                                                       COUNCIL DECISION
                                                          of 25 June 1986
                   on the signing of the Wheat Trade Convention , 1986 , and the Food Aid Convention, 1986 ,
                   constituting the International Wheat Agreement, 1986, and the deposit of a declaration of
                                            provisional application of these Conventions
                                                           ( 86 / 304 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                                          Article 2
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                        The President of the Council is hereby also authorized to
thereof,                                                                 designate the person empowered to deposit , on behalf of the
                                                                         Community, the declaration of provisional application of
Having      regard   to   the   recommendation       from    the         the  Conventions    referred   to  in Article  1  with   the
Commission ,
                                                                         Secretary-General of the United Nations Organization .
HAS DECIDED AS FOLLOWS :
                                                                         The text of the declaration of provisional application is
                                                                         annexed to this Decision .
                            Article 1
The President of the Council is hereby authorized to
designate the person empowered to sign , on behalf of the
Community, subject to their being approved subsequently ,                Done at Luxembourg, 25 June 1986 .
the Wheat Trade Convention 1986 , and the Food Aid
Convention, 1986 , constituting the International Wheat
Agreement , 1986 .                                                                                For the Council
The texts of the Conventions           are   attached   to this                                                        The President
Decision .                                                                                G. BRAKS


title: 2010/391/: Commission Decision of 8 July 2010 amending the Annexes to Decision 93/52/EEC as regards the recognition of Lithuania and the region of Molise in Italy as officially free of brucellosis ( B. melitensis ) and amending the Annexes to Decision 2003/467/EC as regards the declaration of certain administrative regions of Italy as officially free of bovine tuberculosis, bovine brucellosis and enzootic-bovine-leukosis (notified under document C(2010) 4592)  Text with EEA relevance

text:
               15.7.2010

               EN

               Official Journal of the European Union

               L 180/21

         COMMISSION DECISION
   of 8 July 2010
   amending the Annexes to Decision 93/52/EEC as regards the recognition of Lithuania and the region of Molise in Italy as officially free of brucellosis (B. melitensis) and amending the Annexes to Decision 2003/467/EC as regards the declaration of certain administrative regions of Italy as officially free of bovine tuberculosis, bovine brucellosis and enzootic-bovine-leukosis
   (notified under document C(2010) 4592)
   (Text with EEA relevance)
   (2010/391/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), and in particular Annex A(I)(4), Annex A(II)(7) and Annex D(I)(E) thereto,
   Having regard to Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (2), and in particular Section II of Chapter 1 of Annex A thereto,
   Whereas:

               (1)

               Directive 91/68/EEC defines the animal health conditions governing trade in the Union in ovine and caprine animals. It lays down the conditions whereby Member States or regions thereof are to be recognised as being officially brucellosis-free.

               (2)

               Commission Decision 93/52/EEC of 21 December 1992 recording the compliance by certain Member States or regions with the requirements relating to brucellosis (B. melitensis) and according them the status of a Member State or region officially free of the disease (3) lists, in the Annexes thereto, the Member States and regions thereof which are recognised as officially free of brucellosis (B. melitensis) in accordance with Directive 91/68/EEC.

               (3)

               Lithuania has submitted to the Commission documentation demonstrating compliance with the appropriate conditions laid down in Directive 91/68/EEC in order to be recognised as officially free of brucellosis (B. melitensis) as regards its whole territory. That Member State should therefore be recognised as being officially free of that disease. Annex I to Decision 93/52/EEC should therefore be amended accordingly.

               (4)

               Italy has submitted to the Commission documentation demonstrating compliance with the appropriate conditions laid down in Directive 91/68/EEC as regards all the provinces in the region of Molise in order for that region to be recognised as officially free of brucellosis (B. melitensis). That region should therefore be recognised as being officially free of that disease.

               (5)

               Italy has also requested that amendments be made to the entry for that Member State in the list of regions of the Member States which are recognised as officially free of brucellosis (B. melitensis) in Annex II to Decision 93/52/EEC. The current administrative division of Italy splits the region Trentino-Alto Adige into two distinct regions: namely the province of Bolzano and the province of Trento. The region of Sardegna has been divided into eight provinces. In addition, as all the provinces of the regions of Lombardia, Piemonte, Toscana, Sardegna and Umbria have already been recognised as officially free of brucellosis (B. melitensis), those entire regions should be recognised as officially free of that disease.

               (6)

               The entry for Italy in Annex II to Decision 93/52/EEC should therefore be amended accordingly.

               (7)

               Directive 64/432/EEC applies to trade in the Union in bovine animals and swine. It lays down the conditions whereby a Member State or part or region thereof may be declared officially free of tuberculosis, brucellosis and enzootic-bovine-leukosis as regards bovine herds.

               (8)

               Commission Decision 2003/467/EC of 23 June 2003 establishing the official tuberculosis, brucellosis and enzootic-bovine-leukosis-free status of certain Member States and regions of Member States as regards bovine herds (4) lists such Member States and regions in Annexes I, II and III respectively to that Decision.

               (9)

               Italy has submitted to the Commission documentation demonstrating compliance with the appropriate conditions laid down in Directive 64/432/EEC as regards all provinces of the regions of Lombardia and Toscana, and the provinces of Cagliari, Medio-Campidano, Ogliastra and Olbia-Tempio in the region of Sardegna in order that those regions and provinces may be declared officially tuberculosis-free regions of Italy.

               (10)

               Italy has submitted to the Commission documentation demonstrating compliance with the appropriate conditions laid down in Directive 64/432/EEC as regards the province of Campobasso in the region of Molise in order that that province may be declared an officially brucellosis-free region of Italy.

               (11)

               Italy has also submitted to the Commission documentation demonstrating compliance with the appropriate conditions laid down in Directive 64/432/EEC as regards the province of Napoli in the region of Campania, the province of Brindisi in the region of Puglia and the provinces of Agrigento, Caltanissetta, Siracusa and Trapani in the region of Sicily in order that they may be declared officially enzootic-bovine-leukosis-free regions of Italy.

               (12)

               Following evaluation of the documentation submitted by Italy, the provinces and the regions concerned should be declared officially tuberculosis-free, officially brucellosis-free and officially enzootic-bovine-leukosis-free regions of Italy respectively.

               (13)

               Italy has also requested that amendments be made to the entry for that Member State in the lists of regions of the Member States declared officially free of tuberculosis, brucellosis and officially free of enzootic-bovine-leukosis in the Annexes to Decision 2003/467/EC. The current administrative division of Italy splits the region Trentino-Alto Adige into two distinct regions: namely the province of Bolzano and province of Trento.

               (14)

               In addition, as all the provinces of the regions of Emilia-Romagna, Lombardia, Sardegna and Umbria listed in Chapter 2 of Annex II to Decision 2003/467/EC have already been declared officially free of brucellosis and all the provinces of the regions of Emilia-Romagna, Lombardia, Marche, Piemonte, Toscana, Umbria and Val d’Aosta listed in Chapter 2 of Annex III to Decision 2003/467/EC have already been declared officially free of enzootic-bovine-leukosis, those entire regions should be considered as officially free of those respective diseases.

               (15)

               The Annexes to Decision 2003/467/EC should therefore be amended accordingly.

               (16)

               Decisions 93/52/EEC and 2003/467/EC should therefore be amended accordingly.

               (17)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Annexes to Decision 93/52/EEC are amended in accordance with Annex I to this Decision.
   Article 2
   The Annexes to Decision 2003/467/EC are amended in accordance with Annex II to this Decision.
   Article 3
   This Decision is addressed to the Member States.

      Done at Brussels, 8 July 2010.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  OJ 121, 29.7.1964, p. 1977/64.

      (2)  OJ L 46, 19.2.1991, p. 19.

      (3)  OJ L 13, 21.1.1993, p. 14.

      (4)  OJ L 156, 25.6.2003, p. 74.

      ANNEX I
      The Annexes to Decision 93/52/EEC are amended as follows:

                  (1)

                  Annex I is replaced by the following:

                     ‘ANNEX I

                        MEMBER STATES

                                 ISO code

                                 Member State

                                 BE

                                 Belgium

                                 CZ

                                 Czech Republic

                                 DK

                                 Denmark

                                 DE

                                 Germany

                                 IE

                                 Ireland

                                 LT

                                 Lithuania

                                 LU

                                 Luxembourg

                                 HU

                                 Hungary

                                 NL

                                 Netherlands

                                 AT

                                 Austria

                                 PL

                                 Poland

                                 RO

                                 Romania

                                 SI

                                 Slovenia

                                 SK

                                 Slovakia

                                 FI

                                 Finland

                                 SE

                                 Sweden

                                 UK

                                 United Kingdom’

                  (2)

                  In Annex II, the entry for Italy is replaced by the following:
                  ‘In Italy:

                              —

                              Region Abruzzo: Province of Pescara,

                              —

                              Province of Bolzano,

                              —

                              Region Friuli Venezia Giulia,

                              —

                              Region Lazio: Provinces of Latina, Rieti, Roma, Viterbo,

                              —

                              Region Liguria: Province of Savona,

                              —

                              Region Lombardia,

                              —

                              Region Marche,

                              —

                              Region Molise,

                              —

                              Region Piemonte,

                              —

                              Region Sardegna,

                              —

                              Region Toscana,

                              —

                              Province of Trento,

                              —

                              Region Umbria,

                              —

                              Region of Veneto.’

      ANNEX II
      The Annexes to Decision 2003/467/EC are amended as follows:

                  (1)

                  In Annex I, in Chapter 2, the entry for Italy is replaced by the following:
                  ‘In Italy:

                              —

                              Region Abruzzo: Province of Pescara,

                              —

                              Province of Bolzano,

                              —

                              Region Emilia-Romagna,

                              —

                              Region Friuli-Venezia Giulia,

                              —

                              Region Lombardia,

                              —

                              Region Marche: Province of Ascoli Piceno,

                              —

                              Region Piemonte: Provinces of Novara, Verbania, Vercelli,

                              —

                              Region Sardegna: Province of Cagliari, Medio-Campidano, Ogliastra, Olbia-Tempio, Oristano,

                              —

                              Region Toscana,

                              —

                              Province of Trento,

                              —

                              Region Veneto.’

                  (2)

                  In Annex II, in Chapter 2, the entry for Italy is replaced by the following:
                  ‘In Italy:

                              —

                              Region Abruzzo: Province of Pescara,

                              —

                              Province of Bolzano,

                              —

                              Region Emilia-Romagna,

                              —

                              Region Friuli-Venezia Giulia,

                              —

                              Region Lazio: Province of Rieti,

                              —

                              Region Liguria: Provinces of Imperia, Savona,

                              —

                              Region Lombardia,

                              —

                              Region Marche,

                              —

                              Region Molise: Province of Campobasso,

                              —

                              Region Piemonte,

                              —

                              Region Puglia: Province of Brindisi,

                              —

                              Region Sardegna,

                              —

                              Region Toscana,

                              —

                              Province of Trento,

                              —

                              Region Umbria,

                              —

                              Region Veneto.’

                  (3)

                  In Annex III, in Chapter 2, the entry for Italy is replaced by the following:
                  ‘In Italy:

                              —

                              Region Abruzzo: Province of Pescara,

                              —

                              Province of Bolzano,

                              —

                              Region Campania: Province of Napoli,

                              —

                              Region Emilia-Romagna,

                              —

                              Region Friuli-Venezia Giulia,

                              —

                              Region Lazio: Provinces of Frosinone, Rieti,

                              —

                              Region Liguria: Provinces of Imperia, Savona,

                              —

                              Region Lombardia,

                              —

                              Region Marche,

                              —

                              Region Molise,

                              —

                              Region Piemonte,

                              —

                              Region of Puglia: province of Brindisi,

                              —

                              Region Sardegna,

                              —

                              Region Sicilia: Provinces of Agrigento, Caltanissetta, Siracusa, Trapani,

                              —

                              Region Toscana,

                              —

                              Province of Trento,

                              —

                              Region Umbria,

                              —

                              Region Val d’Aosta,

                              —

                              Region Veneto.’


title: 2011/755/EU: Decision of the European Parliament of 25 October 2011 on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section II – Council

text:
               26.11.2011

               EN

               Official Journal of the European Union

               L 313/11

         DECISION OF THE EUROPEAN PARLIAMENT
   of 25 October 2011
   on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section II – Council
   (2011/755/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2009 (1),
   having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 – C7-0213/2010) (2),
   having regard to the Council’s annual report to the discharge authority on internal audits carried out in 2009,
   having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2009, together with the institutions’ replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 287 of the Treaty on the Functioning of the European Union (4),
   having regard to its decision of 10 May 2011 (5) postponing the discharge decision for the financial year 2009, and to the accompanying resolution,
   having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (6), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Decision No 190/2003 of the Secretary-General of the Council/High-Representative for the Common Foreign and Security Policy concerning reimbursement of travel expenses of delegates of Council Members (7),
   having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission, of 17 May 2006, on budgetary discipline and sound financial management (8),
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the second report of the Committee on Budgetary Control (A7-0328/2011),

               1.

               Refuses to grant the Secretary-General of the Council discharge in respect of the implementation of the Council budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2009.

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

      (3)  OJ C 303, 9.11.2010, p. 1.

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

      (5)  OJ L 250, 27.9.2011, p. 23.

      (6)  OJ L 248, 16.9.2002, p. 1.

      (7)  Decision stemming from the Rules of Procedure of the Council of 22 July 2002 (OJ L 230, 28.8.2002, p. 7).

      (8)  OJ C 139, 14.6.2006, p. 1.
    ---documentbreak---

               26.11.2011

               EN

               Official Journal of the European Union

               L 313/13

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 25 October 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section II – Council
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2009 (1),
   having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010)963 – C7-0213/2010) (2),
   having regard to the Council’s annual report to the discharge authority on internal audits carried out in 2009,
   having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2009, together with the institutions’ replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 287 of the Treaty on the Functioning of the European Union (4),
   having regard to its decision of 10 May 2011 (5) postponing the discharge decision for the financial year 2009, and to the accompanying resolution,
   having regard to Articles 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union (TFEU),
   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) (Financial Regulation), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Decision No 190/2003 of the Secretary-General of the Council/High-Representative for the Common Foreign and Security Policy concerning reimbursement of travel expenses of delegates of Council Members (7),
   having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission, of 17 May 2006, on budgetary discipline and sound financial management (8),
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the second report of the Committee on Budgetary Control (A7-0328/2011),

               A.

               whereas ‘citizens have the right to know how their taxes are being spent and how the power entrusted to political bodies is handled’ (9),

               B.

               whereas the Council administration should be subject to democratic accountability towards Union citizens as far as the implementation of Union funds is concerned,

               C.

               whereas it is also important to ensure greater transparency in the application of Union legislation, and European citizens have the right to be better informed in this respect too, Parliament welcomes the agreement reached with the Council on the subject of correlation tables,

               D.

               whereas Parliament is the sole directly elected body among the Union institutions and has responsibility to grant discharge in respect of the implementation of the general budget of the European Union,

      Pending issues

               1.

               Deplores the difficulties encountered in the 2007-09 discharge procedures and, in addition, reaffirms its position expressed in its previous discharge resolutions concerning those financial exercises;

               2.

               Acknowledges receipt on 28 February 2011 of a letter from the Secretary-General of the Council containing a number of documents for the 2009 Council discharge procedure (final financial statements of 2009 including accounts, financial activity report and summary of 2009 internal audits) and welcomes this as a constructive step towards ensuring the democratic accountability of the Council’s administrative budget;

               3.

               Welcomes the fact that the Council submitted the abovementioned documents to Parliament and that the Council Presidency participated in Plenary at the 2009 discharge debate; recalls, however, that the discharge was postponed as Parliament had not received any responses to a number of pending issues concerning the 2009 Council discharge which were raised at an earlier stage, notably:

                           (a)

                           the Council administration has not accepted any invitation to meet Parliament’s Committee responsible for the discharge procedure in order to discuss matters concerning the Council budget execution for 2009 and consequently Parliament still needs confirmation of the willingness of the Secretary-General of the Council to appear in person at a meeting of the Committee responsible for the discharge procedure and to answer committee members’ questions;

                           (b)

                           Parliament has not received from the Council administration the information and documents requested in its resolution of 10 May 2011;

      The right of Parliament to grant discharge

               4.

               Takes note of the letter of 2 June 2011 from the Council Presidency to the President of the European Parliament in which the Council considers ‘that all the Union accounts for 2009, including its own, have been discharged in accordance with EU law by vote of the Parliament on 10 May 2011, in accordance with Article 319 of the TFEU’;

               5.

               Underlines the right of Parliament to grant discharge, pursuant to a combined reading of Articles 316, 317 and 319 of the TFEU, that should be interpreted in the light of their context and purpose, which is to submit the implementation of the entire budget of the European Union to parliamentary control and scrutiny without exception, and to grant discharge autonomously not only in respect of the section of the budget implemented by the Commission, but also in respect of the sections of the budget implemented by the other institutions, as referred to in Article 1 of the Financial Regulation;

               6.

               Is of the opinion that Article 319 of the TFEU and Article 50 of the Financial Regulation require the other institutions to respect the same rules and conditions as the Commission in the execution of its budget; considers that, as a consequence, the responsibility for the implementation of each budget lies with each respective institution and not with the Commission alone;

               7.

               Underlines that, notwithstanding possible different legal interpretations of the autonomous closure of accounts, Parliament is of the opinion that for all intents and purposes, political assessment of the institution’s financial management during the year under examination should be completed, thereby maintaining the current institutional equilibrium, in accordance with which Parliament is responsible for the assurance of democratic accountability towards Union citizens;

               8.

               Considers that the abovementioned legal reasoning as well as the established practice of adopting individual decisions on discharge in respect of each Union institution and body support this interpretation and, in addition, the decisions on discharge need to be adopted separately for operational reasons in order to avoid discontinuity and disruption of Union action;

               9.

               Is of the opinion that the proper interpretation of Article 147 of the Financial Regulation and Article 265 of the TFEU is that failure to take the appropriate steps to act on the observations accompanying Parliament’s discharge decision, entitles Parliament to bring an action for failure to act;

      A different role for Parliament and the Council in the discharge procedure

               10.

               Notes that, according to the Council Presidency’s declaration at the meeting of the Committee on Budgetary Control of 21 June 2011, the ‘memorandum of understanding’ adopted by the Coreper on 2 March 2011 is intended to form the basis of relations between Parliament and the Council regarding the discharge of their respective budgets; further notes that this memorandum requires full reciprocity between Parliament and the Council in respect of submission of documents, answers to questions and a bilateral meeting to be organised every year between representatives of the Council and Parliament’s Committee responsible for the discharge procedure, as well as Secretaries-General of both institutions;

               11.

               Fully respects the Council’s role as recommending authority in the annual discharge procedure, provided for in Article 319 of the TFEU; would disagree with the Council, however, should it consider itself to be in an identical position to Parliament as regards the granting of discharge;

               12.

               Reiterates that a distinction must be maintained in respect of the different roles of Parliament and the Council in the discharge procedure and that the Council administration (its General Secretariat), as with the other administrations of Union institutions, including the Parliament administration itself, should be subject to the control of the Court of Auditors and should be fully accountable to Union citizens for the implementation of their respective budgets, by means of the discharge procedure as set out in the TFEU;

               13.

               Notes that the Court of Auditors carries out its controls on these institutions separately from the Commission controls and underlines that the final element of the accountability chain should be the democratic control through the discharge granted by Parliament;

               14.

               Reminds the Court of Auditors of Parliament’s suggestion to perform an in-depth assessment of supervisory and control systems in the Council, similar to the assessments it performed on the Court of Justice, the European Ombudsman and the European Data Protection Supervisor, in the course of preparation of the Court of Auditors’ annual report concerning the financial year 2010;

      Main elements of the Council’s discharge

               15.

               Recalls that the expenditure of the Council must be scrutinised in the same way as that of the other institutions, and the fundamental elements of such scrutiny should be:

                           (a)

                           a formal meeting to be held between representatives of the Council and Parliament’s Committee responsible for the discharge procedure, potentially ‘in camera’, in order to answer committee members’ questions. This meeting should be attended by the Secretary-General of the Council, the bureau of the Committee responsible for the discharge procedure, the rapporteur and the members representing political groups (coordinators and/or shadow rapporteurs);

                           (b)

                           as indicated in its resolution of 16 June 2010 (10) concerning the 2008 Council discharge procedure, that the discharge should be based on the following written documents submitted by all institutions:

                                       —

                                       accounts of the preceding financial year relating to the implementation of their budgets,

                                       —

                                       a financial statement of their assets and liabilities,

                                       —

                                       the Annual Activity Report on their budget and financial management,

                                       —

                                       the annual report of their internal auditor.

      (1)  OJ L 69, 13.3.2009.

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

      (3)  OJ C 303, 9.11.2010, p. 1.

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

      (5)  OJ L 250, 27.9.2011, p. 23.

      (6)  OJ L 248, 16.9.2002, p. 1.

      (7)  Decision stemming from the Rules of Procedure of the Council of 22 July 2002 (OJ L 230, 28.8.2002, p. 7).

      (8)  OJ C 139, 14.6.2006, p. 1.

      (9)  The European Transparency Initiative.

      (10)  OJ L 252, 25.9.2010, p. 22.