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31998D0319

98/319/EC: Council Decision of 27 April 1998 relating to the procedures whereby officials and employees of the General Secretariat of the Council may be allowed access to classified information held by the Council

Official Journal L 140 , 12/05/1998 P. 0012 - 0013

COUNCIL DECISION of 27 April 1998 relating to the procedures whereby officials and employees of the General Secretariat of the Council may be allowed access to classified information held by the Council (98/319/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 151(3) thereof,Having regard to the Council's Rules of Procedure (1), and in particular Article 23 thereof,Having regard to the declaration in the Annex to the Final Act of the Treaty of Amsterdam on enhanced cooperation between the European Union and the Western European Union whereby 'with a view to enhanced cooperation between the European Union and the Western European Union, the Conference invites the Council to seek the early adoption of appropriate arrangements for the security clearance of the personnel of the General Secretariat of the Council`,Whereas, by Decision No 24 of 30 January 1995, the Secretary-General of the Council adopted measures to protect classified information applicable to the General Secretariat of the Council;Whereas the security regulations must cover not only the physical protection of classified information held by the Council but also authorisation of members of staff to have access to such information;Whereas it is therefore necessary to introduce a procedure for authorising staff of the General Secretariat of the Council required to have access to such information for professional reasons and to restrict such access to authorised persons only;Whereas, in the case of staff of the General Secretariat of the Council, the decision to grant authorisation will be the responsibility of the appointing authority within the meaning of Article 2 of the Staff Regulations and Rules Applicable to Officials and Other Servants, hereinafter referred to as 'the appointing authority`, after security screening has been carried out by the competent national authorities of the Member States;Whereas this Decision shall have no effect on the rules laid down by the Council regarding transparency, in particular, the Council Decision of 20 December 1993 on public access to documents,HAS DECIDED AS FOLLOWS:Article 1 1. The only persons authorised to have accesss to classified information held by the Council shall be officials and other servants of the General Secretariat of the Council or any person working within the General Secretariat who, by reason of their duties and for the requirements of the service, need to have knowledge of, or to use, such information.2. In order to have access to information classified as 'secret` and 'confidential`, the persons referred to in paragraph 1 must have been authorised in accordance with Article 2.3. Authorisation shall be granted only to persons who have undergone security screening by the competent national authorities of the Member States, in accordance with the procedure laid down in Article 3.Article 2 1. The appointing authority shall be responsible for granting the authorisations referred to in Article 1.The appointing authority shall grant authorisation after obtaining the opinion of the competent national authorities of the Member States on the basis of security clearance carried out in accordance with Articles 3 and 4.2. Authorisation, which shall be valid for a period of five years, may not exceed the duration of the tasks on the basis of which it was granted. It may be renewed by the appointing authority in accordance with the procedure referred to in paragraph 1.Authorisation shall be withdrawn by the appointing authority where it considers there are justifiable grounds for doing so. Any decision to withdraw authorisation shall be notified to the person concerned, who may ask to be heard by the appointing authority, and to the competent national authority.Article 3 1. The aim of security screening shall be to establish that there are no objections to allowing the person to have access to classified information held by the Council.2. Security screening shall be carried out with the assistance of the person concerned and at the request of the appointing authority by the competent national authorities of the Member State of which the person subject to authorisation is a national. Should the person concerned reside in the territory of another Member State, the national authorities concerned may secure the cooperation of the authorities of the State of residence.3. As part of the screening procedure, the person concerned shall be required to complete a personal information form.4. The appointing authority shall specify in its request the type and level of classified information to be made available to the person concerned, so that the competent national authorities can carry out the screening process and give their opinion as to the appropriate level of authorisation to be granted.5. The whole security-screening process together with the results obtained shall be subject to the relevant rules and regulations in force in the Member State concerned, including those concerning appeals.Article 4 1. Where the competent national authorities of the Member States give a positive opinion, the appointing authority may grant the person concerned authorisation.2. A negative opinion by the competent national authorities shall be notified to the person concerned, who may ask to be heard by the appointing authority. Should it consider it necessary, the appointing authority may ask the competent national authorities for any further clarification they can provide. If the negative opinion is confirmed, authorisation shall not be granted.Article 5 All persons granted authorisation within the meaning of Article 2 shall, at the time the authorisation is granted and at regular intervals thereafter, receive any necessary instructions concerning the protection of classified information and the means of ensuring such protection. Such persons shall sign a declaration acknowledging receipt of the instructions and give an undertaking to obey them.Article 6 1. The appointing authority shall take any measure necessary in order to implement this Decision, in particular as regards the rules governing access to the list of authorised persons.2. Exceptionally, if required by the service, the appointing authority may, after giving the national competent authorities notification and provided there is no reaction from them within a month, grant temporary authorisation for a period not exceeding three months, pending the outcome of the screening referred to in Article 3.Article 7 This Decision shall be reviewed two years after the date on which it becomes applicable, on the basis of a report from the Secretary-General.Article 8 This Decision shall take effect on the date of its publication.It shall apply nine months after it takes effect, except for Articles 2, 3 and 4, which shall apply on the date on which it is adopted.Done at Luxembourg, 27 April 1998.For the CouncilThe PresidentR. COOK(1) OJ L 304, 10. 12. 1993, p. 1.


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E1994C0189

EFTA SURVEILLANCE AUTHORITY DECISION No 189/94/COL of 30 November 1994 setting up the list of establishments in the EFTA States for which are granted temporary and limited derogations from specific Community health rules on the production and marketing of fresh meat

Official Journal L 383 , 31/12/1994 P. 0014 - 0037

EFTA SURVEILLANCE AUTHORITY DECISION No 189/94/COL of 30 November 1994 setting up the list of establishments in the EFTA States for which are granted temporary and limited derogations from specific Community health rules on the production and marketing of fresh meat THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, and in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 19 of Chapter 1 of Annex I to the Agreement on the European Economic Area on the conditions for granting temporary and limited derogations from specific Community health rules on the production and marketing of fresh meat (Council Directive 91/498/EEC), and in particular Article 2 (2) thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (c) thereof,Whereas the EFTA States have submitted to the EFTA Surveillance Authority the lists of establishments for which it is proposed to grant a derogation from certain provisions of the Act referred to in point 18 of Chapter I of Annex I to the Agreement on the European Economic Area on health conditions for the production and marketing of fresh meat (Council Directive 64/433/EEC);Whereas it is suitable to determine the list of these establishments;Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,HAS ADOPTED THIS DECISION:1. The establishments listed in the Annex are granted derogations in the sense of Article 2 of the Act referred to in point 19 of Chapter I of Annex I to the Agreement on the European Economic Area on the conditions for granting temporary and limited derogations from specific Community health rules on the production and marketing of fresh meat (Council Directive 91/498/EEC).2. This Decision shall enter into force on 1 December 1994.3. This Decision is addressed to the EFTA States.4. This Decision shall be authentic in the English language.Done at Brussels, 30 November 1994.For the EFTA Surveillance AuthorityPekka SÄILÄCollege MemberANNEX List of establishments of the EFTA States for which is granted a temporary and limited derogation from specific health rules on the production and marketing of fresh meat >TABLE>>TABLE>>TABLE>>TABLE>


title: Request for consultation on the immunity and privileges of Antonio Di Pietro European Parliament decision of 22 April 2009 on the request for consultation on the immunity and privileges of Antonio Di Pietro (2008/2146(IMM))

text:
               8.7.2010

               EN

               Official Journal of the European Union

               CE 184/136

         Wednesday 22 April 2009Request for consultation on the immunity and privileges of Antonio Di Pietro
   P6_TA(2009)0235
   European Parliament decision of 22 April 2009 on the request for consultation on the immunity and privileges of Antonio Di Pietro (2008/2146(IMM))
   2010/C 184 E/30

      The European Parliament,
   having regard to the request for consultation on the parliamentary immunity of Antonio Di Pietro, forwarded by the competent authority of the Italian Republic on 15 May 2008, and announced in plenary sitting on 5 June 2008,
   having heard Antonio Di Pietro in accordance with Rule 7(3) of its Rules of Procedure,
   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
   having regard to the judgments of 12 May 1964, 10 July 1986 and 21 October 2008 (1) of the Court of Justice of the European Communities,
   having regard to Article 68(1) of the Italian Constitution,
   having regard to Rules 6(1) and 7(13) of its Rules of Procedure,
   having regard to the report of the Committee on Legal Affairs (A6-0197/2009),

               1.

               Decides not to waive the immunity of Antonio Di Pietro;

               2.

               Instructs its President to forward this decision, and the report of the committee responsible, immediately to the competent authorities of the Italian Republic.

      (1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v Faure and Others [1986] ECR 2391 and Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente, not yet reported in the European Court Reports.


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32003D0057

2003/57/EC: Council Decision of 21 January 2003 suspending the Community obligations under the Sectoral Annex for Electrical Safety of the Agreement on Mutual Recognition between the European Community and the United States of America

Official Journal L 023 , 28/01/2003 P. 0024 - 0025

Council Decisionof 21 January 2003suspending the Community obligations under the Sectoral Annex for Electrical Safety of the Agreement on Mutual Recognition between the European Community and the United States of America(2003/57/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the second subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) According to Article 16 of the Agreement on Mutual Recognition concluded between the European Community and the United States of America(1), hereinafter referred to as the "Agreement", a Party may suspend its obligations under a Sectoral Annex.(2) The United States of America has failed to fulfil its obligation under the Agreement, in particular with regard to procedures to be followed for the recognition of Conformity Assessment Bodies designated by the Community.(3) This has led to a situation where Conformity Assessment Bodies designated, or to be designated, by the Member State Designating Authorities cannot be assessed, monitored and recognised as envisaged by the Agreement.(4) As a consequence, the Community has lost market access with regard to conformity assessment for its products covered by the Sectoral Annex for Electrical Safety.(5) It is also considered that the United States has failed to maintain legal and regulatory authorities capable of implementing the provisions of the Sectoral Annex for Electrical Safety, in particular as it relates to the reliance of the Occupational Safety and Health Administration on the on-site assessment carried out by Member State Designating Authorities of the Conformity Assessment Bodies located on their territory.(6) The Community and the United States have held, in accordance with the third sentence of Article 2 of the Agreement, numerous consultations without leading to a satisfactory solution.(7) The Commission will continue consultations with the United States under the Agreement, with a view to ensuring that the Sectoral Annex for Electrical Safety can be implemented in accordance with its provisions,HAS DECIDED AS FOLLOWS:Article 1The Community obligations under the Sectoral Annex for Electrical Safety of the Agreement on Mutual Recognition between the European Community and the United States of America are hereby suspended in whole.Article 2The President of the Council is authorised to designate the person empowered to send, on behalf of the Community, the annexed note to the United States of America.Article 3At the latest three years from the date of transmission to the United States of the note mentioned in Article 2, the Commission shall present to the Council a report on the state of play of the consultations with the United States and, if appropriate, a proposal for a Council Decision repealing this Decision.Article 4This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 21 January 2003.For the CouncilThe PresidentN. Christodoulakis(1) OJ L 31, 4.2.1999, p. 1.ANNEXThe Council of the European Union presents its compliments to the Mission of the United States of America to the European Union and notifies it that the European Community has decided, in accordance with Article 16 of the Agreement on Mutual Recognition between the European Community and the United States of America, to suspend its obligations in whole under the Sectoral Annex for Electrical Safety of the Agreement.The reason for the suspension of Community obligations is that the United States of America has failed to fulfil its obligation under the Agreement, in particular with regard to procedures to be followed for the recognition of Conformity Assessment Bodes designated by the Community. This has led to a situation where Conformity Assessment Bodies designated or to be designated by the Member State Designating Authorities cannot be assessed, monitored and recognised as envisaged by the Agreement.As a consequence, the Community has lost market access with regard to conformity assessment for its products covered by the Sectoral Annex for Electrical Safety.It is also considered that the United States has failed to maintain legal and regulatory authority capable of implementing the provisions of the Sectoral Annex for Electrical Safety, in particular as it relates to the reliance of the Occupational Safety and Health Administration on the on-site assessment carried out by Member State Designating Authorities of the Conformity Assessment Bodies located on their territory.In accordance with the third sentence of Article 2 of the Agreement, the Community and the United States have held numerous consultations without leading to a satisfactory solution.The suspension of Community obligations as specified above is effective from the date of publication of this note in the Official Journal of the European Communities.The Council of the European Union takes this opportunity to renew to the Mission of the United States of America to the European Union the assurance of its highest consideration.


title: 2012/570/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/175

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2010
   (2012/570/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Aviation Safety Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               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 (EC) No 216/2008 of the European Parliament and of the Council (3) 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 (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0124/2012),

               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 2010;

               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 366, 15.12.2011, p. 21.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 79, 19.3.2008, p. 1.

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

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

               European Aviation Safety Agency

               2006

               2007

               2008

               2009

               Performance

               The Agency should carefully check the consistency of the expenditure forecasts: the Agency’s cost analysis system showed costs of about EUR 48 000 000 versus revenue of about EUR 35 000 000; insufficient programming

               The Agency should carefully check the consistency of the expenditure forecasts that are to be presented for adoption by the budgetary authority

                           —

                           Calls on the Agency to set out a diachronic analysis of operations carried out in this and the previous years

                           —

                           Calls on the Agency to set SMART objectives and RACER indicators

                           —

                           Calls on the Agency to make a Gantt diagram

                           —

                           Calls on the Agency to set SMART objective and RACER indicators

                           —

                           Calls on the Agency to consider making a Gantt diagram part of the programming for each of its operational activities, with a view to indicating in a concise form the amount of time spent by each staff member on a project

                           —

                           Urges the Agency to implement an activity based structure for the operational budget in order to establish a clear link between the work programme and the financial forecasts and the improve performance monitoring and reporting

                           —

                           Calls on the Agency to set out a comparison of its operations that were carried out during the year for which discharge is to be granted and during the previous financial year

               Fees and charges regulation

               n.a.

               The Agency should not confuse to use the former regulation on fee levied with the new one

                           —

                           Calls on the Agency to establish a monitoring system at the level of certification projects

                           —

                           Calls on the Agency to put forward a detailed plan to guarantee that the system of annual flat fees might not generate income which is significantly above the actual costs of the services rendered

                           —

                           Calls on the Agency to improve its monitoring system for certification projects to make sure that, over the entire duration the fees levied do not deviate significantly from the actual cost

                           —

                           Calls on the Agency to correctly estimate for the establishment of the 2010 financial statements, the accrued expenditure related to the management of certification tasks outsourced to national aviation authorities

               Carry-over of appropriations/Procurement issues

               The budgetary principle of annuality was not observed: contrary to its Financial Regulation, the Agency used its differentiated payment appropriations carried over from 2005 despite the fact that it had enough payment appropriations for 2006

               Transparency issues on the award criteria and the financial evaluation method

                           —

                           Calls on the Agency to remedy the enterprise resource planning system resulting from a delay in signing the service contract. (Calls on the Agency to present a much more realistic forecast to the Commission and the Parliament during the next years)

                           —

                           Calls on the Commission to examine ways of ensuring that the principle of needs-based cash management is implemented in full, in order to ensure that the Agency’s cash reserves are kept as low as possible

                           —

                           Agency carried forward to 2010 a high level of appropriations for operating expenditure (65 % from Title III, Operational Activities. The percentage of commitments carried forward is 13 %)

                           —

                           Calls for more accurate and timely management of contracts and for far more realistic forecasts to be presented to Parliament and Commission for the next financial year

                           —

                           Requests that a report be attached to each year’s budget on the unspent appropriations carried over from previous years explaining why those monies have not been used and how and when they will be used

               Human resources

               n.a.

               Calls on the Agency to improve its recruitment and resource planning systems

               Calls on the Agency to improove its recruitment and resource planning systems

                           —

                           Notes deficiencies in staff selection procedures which put at risk the transparency of these procedures. Court of Auditors reported that the decisions by the selection boards were insufficiently justified and documented since thresholds for being invited to interview or put on the reserve list were not defined in advance and minutes were missing

                           —

                           Urges the Agency to inform the discharge authority on the actions taken to redress this situation and make the selection procedures of its experts/staff more transparent

               Internal audit

               The Agency has not yet implemented an effective claim management system, possibly including interest on late payment

               n.a.

               Calls on the Agency to take steps to fulfil 13 (two are considered critical) out of 28 recommendations made by the Internal Audit Service → i.e. the recommendations concern the budgetary uncertainty, the absence of risk analysis, the absence of an appraisal and promotion policy, the cut-off procedure and a procedure for recording exceptions which have been closed

               Acknowledges that the Agency has implemented 20 out of the 26 recommendations made by the IAS since 2006

          ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/176

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Aviation Safety Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               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 (EC) No 216/2008 of the European Parliament and of the Council (3) 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 (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0124/2012),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the European Aviation Safety Agency (‘the Agency’) for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 10 May 2011 Parliament granted the Executive Director of the Agency discharge for implementation of its budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           urged the Agency to implement an activity-based structure for the operational budget in order to establish a clear link between the work programme and the financial forecasts and improve performance monitoring and reporting,

                           —

                           drew attention to the fact that once again the Agency carried forward to 2010 a high level of appropriations for operating expenditure,

                           —

                           requested that a report be attached to each year’s budget on the unspent appropriations carried over from previous years, explaining why those monies have not been used and how and when they will be used,

                           —

                           noted deficiencies in staff selection procedures which put at risk the transparency of those procedures,

               C.

               whereas the Agency is financed by fees and charges and a contribution from the Union,

               D.

               whereas the budget of the Agency for the financial year 2010 was EUR 137 200 000 compared to EUR 122 200 000 in 2009, which was an increase of 12,27 %; whereas the contribution of the Union to the budget of the Agency for 2010 was EUR 34 197 000 (6), which represents an increase of 0,87 % compared to 2009,

      Budget and financial management

               1.

               Recalls that two-thirds of the Agency’s budget comes from fees and charges paid by the industry, one third comes from Union subsidies, and the initial Union contribution to the Agency for 2010 amounted to EUR 32 879 000; notes however that EUR 1 318 000, coming from the recovery of surplus, was added to that amount which, as a result, makes a total Union contribution of EUR 34 197 000;

               2.

               Notes that the Agency’s budget increased by 61 % from EUR 85 200 000 to EUR 137 200 000 from 2007 to 2010 while staff numbers rose from 333 to 524;

               3.

               Notes that under Article 3 of Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation Safety Agency (7) the revenues from fees constitute assigned revenues which can be carried over by the Agency as long as they have not been used; notes that industry receipts may be related to more than one financial year; notes that the reserve that can be used during the subsequent years is adjusted based on the budget result for the year; notes that the amount of the reserve decreased over the last two years from EUR 29 000 000 at the end of 2008 to EUR 21 000 000 at the end of 2010;

               4.

               Notes from its final annual accounts for the financial year 2010 that the Agency used only non-differentiated appropriations and that as a result the commitment appropriations were equal to the payment appropriations; notes moreover that the overall budget implementation rate was 99,51 % for the 2010 appropriations;

               5.

               Calls on the Agency to further take adequate measures in order to avoid deficiencies that put at risk the transparency of the procurement process as well as the principle of sound financial management;

      Accounting

               6.

               Ascertains from its final annual accounts that in 2010 the Agency changed its revenue recognition method from a cost-based method to a method based on the straight-line method proposed in EC Accounting Rule number 4;

               7.

               Understands from the Agency that the change was made to improve accuracy and transparency on how the revenue earned is based and to take account of the 2009 Court of Auditors’ recommendation to apply a method reflecting more accurately the amount of revenue allocated to a financial year;

               8.

               Acknowledges from the Annual Activity Report of the Agency that the Enterprise Resource Planning system was further enhanced and systematically used for all types of financial transactions and for the year-end closing;

      Procurement procedure

               9.

               Notes from its AAR that 23 high value tendering procedures covering both operational and administrative needs were managed throughout 2010, that 20 of them were finalised and 29 high value contracts signed with a value of approximately EUR 14 000 000; notes in addition that 428 contracts were signed following the low value procurement procedures totalling approximately EUR 1 650 000;

               10.

               Acknowledges, in particular, from the Court of Auditors that, for two large procurement procedures, the evaluation method did not allow tenders offering the best financial bid to achieve the highest price score; notes from the Agency that these two procurement procedures refer to:

                           —

                           the renewal of a four-year cleaning services contract amounting to EUR 1 000 000,

                           —

                           a Framework Contract of a maximum of four years for studies on aircraft engine certification requirements and standards with a maximum value of EUR 2 500 000 for which the awarded contractor did not complete all cost elements in its application,

                     notes that the Agency replied that no negative impact on the outcome was to be reported and will nevertheless take into account the considerations of the Court and in the future address the risk identified through paying even more attention to financial evaluation formulas;

      Human resources

               11.

               Notes that, once more, the discharge authority found deficiencies in staff selection procedures which put at risk the transparency of these procedures; acknowledges from the Court of Auditors that there was no evidence that thresholds for being invited to interview or being put on the reserve list had been defined before the examination of the applications started; notes that this could be to cover up a situation of nepotism or conflict of interest; asks that everything be done in order to avoid conflicts of interest; calls on the Commission to ensure that the Agency applies Union rules correctly; stresses the importance of transparency in procurement and staff selection procedures;

               12.

               Notes that the Agency did not inform the discharge authority of the actions taken to make the selection procedures of its experts/staff more transparent as requested in 2009, although understands that the matter was addressed in 2010 after the Court of Auditors once again underlined the issue in its report; stresses, once more, that the impact of these deficiencies is even more crucial when considering that the objectives of the Agency are as follows: issuing certification specifications, taking decisions regarding airworthiness and environmental certification and conducting standardisation inspections of the competent authorities in the Member States;

               13.

               Notes the Agency’s reply to the Court that its guidelines for panel members indicate clearly the minimum threshold which candidates have to meet in order to be invited for interviews (50 %) or to be put on the reserve list (65 %) but that it reserves its right to decide on what constitutes a maximum reasonable number of candidates to be invited according to their merit ranking;

               14.

               Reminds the Agency of the importance of ensuring adequate training and qualification criteria for inspection teams and team leaders; calls on the Agency to take concrete steps and inform the discharge authority thereof;

               15.

               Notes that, from 2009 to 2010, the Agency’s staff numbers rose from 509 to 578, including temporary and contracting agents;

      Conflict of interest

               16.

               Notes that the Agency’s technical staff members need to be commonly recruited from national aviation authorities and the aviation industry; understands that the staff members must have sufficient and up-to-date technical experience of working in the field of aviation to perform a technical check of documents demonstrating compliance for the purposes of ensuring an adequate level of aviation safety as requested by the applicable Union legislation; is concerned however that this situation could cause conflicts of interest if a staff member recruited from an aircraft manufacturer works and takes decisions at the Agency on the certification of the aircraft he/she used to work on while employed by the manufacturer and, if not detected and adequately managed, could result in a conflict of interest situation; recognises however that the Agency has put in place a certification procedure where impartiality of the decision-making process is guaranteed through the collegiality of the technical assessments and the decision-making process itself; also understands that the Agency is in the process of setting up an Agency-wide policy in the area of codes of conduct including identification, prevention, monitoring and dealing with the consequences of potential conflict of interest cases which will help the Agency to further improve the identification and handling of conflict of interests situations in such a way that aviation safety is not put at risk at any time;

               17.

               Calls on the Agency to take duly into consideration the professional background of its staff members in order to avoid any conflict of interest; is of the opinion that the Agency’s conflicts of interest policy should set out to which extent and under which conditions an Agency employee can be involved in the certification of an aircraft on which they worked prior to joining the Agency;

               18.

               Calls on the Agency to adopt effective processes that duly address potential cases of allegations of conflicts of interest within the Agency; also calls on the Agency to publish on its website the declaration of interests and professional background of its experts, management staff, Management Board members and of any other persons whose activities are related to the certification process; indicates that the Agency should follow the OECD guidelines in the area of conflicts of interest;

               19.

               Noting that the Agency is involved in decisions of vital importance for all citizens and taking into account its exposure due to its importance to the industry, the discharge authority is looking forward to receiving and discussing the findings and recommendations from the Special Report on conflict of interest situations to be released by the Court of Auditors before the end of June 2012;

      Performance

               20.

               Calls on the Agency to further implement the existing activity-based structure for the operational budget in order to establish a clear link between the work programme and the financial forecasts and further improve performance monitoring and reporting;

               21.

               Calls on the Agency to make a Gantt diagram part of the programming for each of its operational activities where relevant; stresses also how important it is for the Agency to set SMART objectives and RACER indicators in its programming as it has done in its Annual Work Programme and in its AAR since 2008;

      Internal control

               22.

               Notes from its AAR that the Agency consolidated its Integrated Management System in 2010 including the concept of ‘internal control’, which aims at ensuring that the risks are correctly mitigated, in order to enhance the Agency’s ability to achieve operational, quality, compliance or financial objectives;

               23.

               Notes that, in December 2010, the Agency’s Integrated Management System achieved certification against the internationally recognised ISO 9001:2008 Quality Management Standard;

      Standardisation inspections process

               24.

               Calls on the Agency to further improve the documentation of inspection planning and inspection programming; reminds the Agency of the importance of documenting the risk assessment and criteria used when establishing its inspection planning in order to justify its internal decision-making process for cases presenting significant deficiencies affecting Union citizens’ safety;

               25.

               Calls moreover the Agency to further improve its effectiveness in managing key safety concerns by:

                           —

                           monitoring information,

                           —

                           reducing the length of the reporting and implementing time-frame,

                           —

                           documenting the decision-making process between the Agency and the Commission,

                           —

                           adequately mitigating the risks of any potential conflict of interest situation;

               26.

               Calls moreover on the Agency to classify, monitor and follow up its inspection findings classified as ‘Observations’; takes note from the Agency that it has developed an operating procedure to define those findings and to communicate them to the Commission; calls therefore on the Agency to inform the discharge authority on the action taken;

      Internal audit

               27.

               Acknowledges that several ‘very important’ recommendations from the Internal Audit Service (IAS) aimed at reducing outstanding risks to the Agency are still open and are currently under review by the IAS;

               28.

               Notes in particular that in 2010 the IAS performed an audit on the Standardisation Inspection Process in order to assess and provide an independent assurance on the internal control system related to the standardisation inspection process in the Agency, the purpose of which is to monitor the application of relevant Union Regulations by the national aviation authorities and report to the Commission; also notes that the Agency has already developed a corrective action plan which was agreed by the IAS and already provided to the IAS for its review evidence of implementation regarding the recommendations set out in paragraphs 25 to 27 of this report;

               29.

               Calls in this respect on the Agency to further:

                           —

                           document its risk assessments after its annual inspection programmes and inspection visit,

                           —

                           improve the monitoring of and reporting on the significant deficiencies which raise safety concerns,

                           —

                           follow-up and monitor its observations after inspection visits;

               30.

               Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

               31.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (8) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 21.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 79, 19.3.2008, p. 1.

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

      (5)  OJ L 250, 27.9.2011, p. 140.

      (6)  OJ L 64, 12.3.2010, p. 613.

      (7)  OJ L 140, 1.6.2007, p. 3.

      (8)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).


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31981D0752

81/752/EEC: Council Decision of 17 September 1981 appointing additional members of the Committee of the European Social Fund

Official Journal L 269 , 24/09/1981 P. 0030 - 0031

*****COUNCIL  DECISION  of 17 September 1981  appointing additional members of the Committee of the European Social Fund  (81/752/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Regulation (EEC) No 2396/71 concerning the European Social Fund (1),  Having regard to the Rules of the Committee of the European Social Fund (2), as last amended by the Council Decision of 9 April 1968 (3), and in particular Article 7 thereof,  Having regard to the Treaty concerning the accession of the Hellenic Republic of the European Economic Community and to the European Atomic Energy Community, signed on 28 May 1979, together with the Council Decision of 24 May 1979 on the accession of the Hellenic Republic to the European Coal and Steel Community, and in particular Article 21 and Annex I to the Act annexed to them,  Having regard to the list of candidates submitted to the Council by the Government of the Hellenic Republic,  Whereas the term of office of the members of the Committee of the European Social Fund in office at the time of the accession of the Hellenic Republic expires on 9 November 1982;  Whereas the Hellenic Republic will submit the names of candidates for appointment as alternate member in the trade union representatives category and employers' representatives category respectively at a later date,  HAS DECIDED AS FOLLOWS:  Article 1  The following are hereby appointed full members and alternate members of the Committee of the European Social Fund for the period ending on 9 November 1982:  I. Government representatives  1.2 // (a) Full members  // (b) Alternate member  // Mr D. Meidanis  // Mr S. Millingos  // Mr A. Koutris  //  II. Trade union representatives  1.2 // (a) Full members  // (b) Alternate members  // Mr N. Vitoris  // . . . . . .  // Mr G. Dassis  //  III. Representatives of employers' organizations  1.2 // (a) Full members  // (b) Alternate members  // Mr 1960, p. 1201/60. (3) OJ No L 91, 12. 4. 1968, p. 25.  Article 2  The Council will later appoint the two persons to act as alternate members representing the trade unions and the employers' organizations respectively.  Done at Brussels, 17 September 1981.  For the Council  The President  G. HOWE L.-F. Koskos  // . . . . . .  // Mr C. Charakas  //  (1) OJ No L 249, 10. 11. 1971, p. 54. (2) OJ No 56, 31. 8.


title: Council Decision (CFSP) 2016/947 of 14 June 2016 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo declaration of independence.) (EULEX Kosovo)

text:
                  15.6.2016

                  EN

                  Official Journal of the European Union

                  L 157/26

            COUNCIL DECISION (CFSP) 2016/947
      of 14 June 2016
      amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (*) (EULEX Kosovo)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
      Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
      Whereas:

                  (1)

                  On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP (1).

                  (2)

                  On 12 June 2014, the Council adopted Decision 2014/349/CFSP (2) which amended Joint Action 2008/124/CFSP and extended it until 14 June 2016.

                  (3)

                  On 11 June 2015, the Council adopted Decision 2015/901/CFSP (3) amending Joint Action 2008/124/CFSP, providing a financial reference amount for the period from 15 June 2015 until 14 June 2016.

                  (4)

                  Joint Action 2008/124/CFSP should be amended to extend the mandate of EULEX Kosovo until 14 June 2018 and provide a new financial reference amount intended to cover the period from 15 June 2016 until 14 June 2017.

                  (5)

                  Nothing in this Decision should be understood as prejudicing the independence and the autonomy of the judges and prosecutors.

                  (6)

                  Due to the special character of the activities of EULEX Kosovo in support of the relocated judicial proceedings within a Member State, it is appropriate to identify in this Decision the amount envisaged to cover the support to the relocated judicial proceedings within a Member State and to provide for the implementation of that part of the budget through a grant.

                  (7)

                  EULEX Kosovo will be conducted 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.

                  (8)

                  Joint Action 2008/124/CFSP should therefore be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Joint Action 2008/124/CFSP is hereby amended as follows:

                  (1)

                  Article 16 is amended as follows:

                              (a)

                              in paragraph 1, the following subparagraphs are added:
                              ‘The financial reference amount intended to cover the expenditure of EULEX Kosovo from 15 June 2016 until 14 June 2017 shall be EUR 63 600 000.
                              Out of the amount referred to in the ninth subparagraph, EUR 34 500 000 shall cover the expenditure of EULEX Kosovo for the implementation of its mandate in Kosovo from 15 June until 14 December 2016, and EUR 29 100 000 shall cover the support to the relocated judicial proceedings within a Member State from 15 June 2016 to 14 June 2017. The latter amount shall also retroactively cover expenditure arising from the support to the relocated judicial proceedings as of 1 April 2016. The Commission shall sign a grant agreement with a registrar acting on behalf of a registry in charge of the administration of the relocated judicial proceedings for that amount. The rules on grants provided for in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (**) shall apply to this grant agreement.
                              The financial reference amount for the subsequent period for EULEX Kosovo shall be decided by the Council.

                                 (**)  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 (OJ L 298, 26.10.2012, p. 1).’;"

                              (b)

                              paragraph 4 is replaced by the following:
                              ‘4.   Except for the amount referred to in the 10th subparagraph of paragraph 1 related to the support to the relocated judicial proceedings within a Member State, EULEX Kosovo shall be responsible for the financial implementation of the Mission's budget. For this purpose, EULEX Kosovo shall sign an agreement with the Commission.’.

                  (2)

                  The second paragraph of Article 20 is replaced by the following:
                  ‘It shall expire on 14 June 2018. The Council, acting on a proposal from the High Representative, and considering complementary sources of funding as well as contributions from other partners, shall take the necessary decisions in order to ensure that EULEX Kosovo's mandate in support of the relocated judicial proceedings referred to in Article 3a and the related necessary financial means shall remain in effect until such time as these judicial proceedings have been concluded.’.

            Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at Luxembourg, 14 June 2016.

               For the Council

               The President

            A.G. KOENDERS

         (*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo declaration of independence.

         (1)  Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rules of Law Mission in Kosovo, EULEX Kosovo (OJ L 42, 16.2.2008, p. 92).

         (2)  Council Decision 2014/349/CFSP of 12 June 2014 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 174, 13.6.2014, p. 42).

         (3)  Council Decision (CFSP) 2015/901 of 11 June 2015 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 147, 12.6.2015, p. 21).


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31982D0913

82/913/EEC: Commission Decision of 16 December 1982 on the list of establishments in the Republic of South Africa and Namibia approved for the purpose of importing fresh meat into the Community

Official Journal L 381 , 31/12/1982 P. 0028 - 0029 Finnish special edition: Chapter 3 Volume 15 P. 0220  Spanish special edition: Chapter 03 Volume 26 P. 0232  Swedish special edition: Chapter 3 Volume 15 P. 0220  Portuguese special edition Chapter 03 Volume 26 P. 0232

*****COMMISSION  DECISION  of 16 December 1982  on the list of establishments in the Republic of South Africa and Namibia approved for the purpose of importing fresh meat into the Community  (82/913/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), and in particular Articles 4 (1) and 18 (1) (a) and (b) thereof,  Whereas establishments in third countries cannot be authorized to export fresh meat to the Community unless they satisfy the general and special conditions laid down in Directive 72/462/EEC;  Whereas the competent authorities have forwarded, in accordance with Article 4 (3) of Directive 72/462/EEC, a list of the establishments authorized to export to the Community;  Whereas Community on-the-spot visits have shown that the hygiene standards of many of these establishments are sufficient and they may therefore be entered on a first list, established according to Article 4 (1) of the said Directive, of establishments from which importation of fresh meat may be authorized;  Whereas the case of the other establishments proposed by the competent authorities has to be re-examined on the basis of additional information regarding their hygiene standards and their ability to adapt quickly to the Community legislation;  Whereas, in the meantime and so as to avoid any abrupt interruption of existing trade flows, these establishments may be authorized temporarily to continue their exports of fresh meat to those Member States prepared to accept them;  Whereas it will therefore be necessary to re-examine and, if necessary, amend this Decision in the light of measures taken to this end and improvements made;  Whereas it should be recalled that imports of fresh meat are also subject to other Community veterinary legislation, particularly as regards health protection requirements, including the special provisions for Denmark, Ireland and the United Kingdom;  Whereas the conditions of importation of fresh meat from establishments appearing on the list annexed to the present Decision remain subject to provisions laid down elsewhere and to the general provisions of the Treaty; whereas, in particular, the importation from third countries and the re-exportation to other Member States of certain categories of meat, such as meat weighing less than 3 kilograms, or meat containing residues of certain substances which are not yet covered by harmonized Community rules, remain subject to the health legislation of the importing Member State;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:  Article 1  1. The establishments in South Africa and Namibia listed in the Annex are hereby approved for the import of fresh meat into the Community pursuant to the said Annex.  2. Imports from the establishments referred to in paragraph 1 shall remain subject to the Community veterinary provisions laid down elsewhere and, in particular, those concerning health protection requirements.  Article 2  1. Member States shall prohibit imports of fresh meat coming from establishments other than those listed in the Annex.  2. However, the prohibition provided for in paragraph 1 shall not apply until 1 August 1983 to establishments which are not listed in the Annex but which have been officially approved and proposed by the competent authorities as of 16 August 1982 pursuant to Article 4 (3) of Directive 72/462/EEC, unless a decision is taken to the contrary, in accordance with Article 4 (1) of the abovementioned Directive, before 1 August 1983.  The Commission shall forward the list of these establishments to the Member States.  Article 3  This Decision shall apply from 1 January 1983.  Article 4  This Decision shall be reviewed and if necessary amended before 1 May 1983.  Article 5  This Decision is addressed to the Member States.  Done at Brussels, 16 December 1982.  For the Commission  Poul DALSAGER  Member of the Commission  (1) OJ No L 302, 31. 12. 1972, p. 28.  ANNEX  LIST OF ESTABLISHMENTS  I. BOVINE MEAT  A. Slaughterhouses and cutting premises  1.2.3 //   //   //   // Establishment No  // Establishment  // Address  //   //   //   // 23  // Karoo Meat Packers  // Okahandja, Namibia  // 25  // Damara Meat Packers  // Otavi, Namibia  // 30  // Johannesburg Abattoir  // City Deep, Transvaal, RSA (1)  // 47  // Bull Brand Foods  // Krugersdorp, Transvaal, RSA  //  1,3 // B. Cutting premises  //   //  1.2.3 //   //   //   // 61  // Meat Control Board  // Cape Town, Cape Province, RSA  // 62  // National Meat Suppliers  // Cape Town, Cape Province, RSA  // 69  // Karoo Meat Packers  // Cape Town, Cape Province, RSA  // 83  // Blue Continent Cold Storage  // Cape Town, Cape Province, RSA  // 87  // Rand Cold Storage  // City Deep, Transvaal, RSA  // 93  // Wholesome Meats  // Durban, Natal, RSA  //  1,3 // II. COLD STORES  //   //  1.2.3 //   //   //   // 4  // Table Bay Cold Storage  // Cape Town, Cape Province, RSA  // 84  // Maydon Wharf Cold Storage  // Durban, Natal, RSA  // 90  // Epping Cold Storage  // Cape Town, Cape Province, RSA  // 94  // Walvis Bay Cold Storage  // Walvis Bay  //   //   //  (1) RSA = Republic of South Africa


title: 2014/785/EU: Council Decision of 7 November 2014 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (consumer protection)

text:
               13.11.2014

               EN

               Official Journal of the European Union

               L 328/45

         COUNCIL DECISION
   of 7 November 2014
   on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (consumer protection)

      (2014/785/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 169 in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 to the EEA Agreement.

               (3)

               Protocol 31 to the EEA Agreement contains provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

               (4)

               It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 254/2014 of the European Parliament and of the Council (3).

               (5)

               It is appropriate that the participation of EFTA States in the activities resulting from Regulation (EU) No 254/2014 commence from 1 January 2014, irrespective of when the EEA Joint Committee Decision annexed to this Decision is adopted or whether the fulfilment of constitutional requirements for this EEA Joint Committee Decision, if any, is notified after 10 July 2014.

               (6)

               Entities established in the EFTA States should be entitled to participate in activities which start before the entry into force of the EEA Joint Committee Decision annexed to this Decision. The costs incurred for such activities, the implementation of which starts after 1 January 2014, may be considered eligible under the same conditions as those applicable to costs incurred by entities established in the Union Member States provided that the EEA Joint Committee Decision enters into force before the end of the action concerned.

               (7)

               Protocol 31 to the EEA Agreement should therefore be amended accordingly.

               (8)

               The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the European Union, within the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 7 November 2014.

            For the Council

            The President

         P. C. PADOAN

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  Regulation (EU) No 254/2014 of the European Parliament and of the Council of 26 February 2014 on a multiannual consumer programme for the years 2014-20 and repealing Decision No 1926/2006/EC (OJ L 84, 20.3.2014, p. 42).

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …/2014
      of
      amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,
      Whereas:

                  (1)

                  It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 254/2014 of the European Parliament and of the Council of 26 February 2014 on a multiannual consumer programme for the years 2014-20 and repealing Decision No 1926/2006/EC (1).

                  (2)

                  It is appropriate that the participation of EFTA States in the activities resulting from Regulation (EU) No 254/2014 commence from 1 January 2014, irrespective of when this Decision is adopted or whether the fulfilment of constitutional requirements for this Decision, if any, is notified after 10 July 2014.

                  (3)

                  Entities established in the EFTA States should be entitled to participate in activities which start before the entry into force of this Decision. The costs incurred for such activities, the implementation of which starts after 1 January 2014, may be considered eligible under the same conditions as those applicable to costs incurred by entities established in the EU Member States provided that this Decision enters into force before the end of the action concerned.

                  (4)

                  Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014,

            HAS ADOPTED THIS DECISION:
      Article 1
      Article 6 of Protocol 31 to the EEA Agreement shall be amended as follows:

                  1.

                  The following paragraph is inserted after paragraph 3a:
                  ‘3b.   The EFTA States shall, with effect from 1 January 2014, participate in the following programme:

                              —

                                 32014 R 0254: Regulation (EU) No 254/2014 of the European Parliament and of the Council of 26 February 2014 on a multiannual consumer programme for the years 2014-20 and repealing Decision No 1926/2006/EC (OJ L 84, 20.3.2014, p. 42).
                              The costs incurred for activities the implementation of which starts after 1 January 2014, may be considered eligible as from the beginning of the action under the grant agreement or the grаnt decision concerned provided that Decision of the EEA Joint Committee No …/2014 of … enters into force before the end of the action.
                              Liechtenstein shall be exempted from the participation in, and the financial contribution to, this programme.’

                  2.

                  The text of paragraph 4 is replaced by the following:
                  ‘The EFTA States shall contribute financially to the activities referred to in paragraphs 3, 3a and 3b in accordance with Article 82(1)(a) of the Agreement.’

                  3.

                  The text of paragraph 5 is replaced by the following:
                  ‘The EFTA States shall, as from the start of cooperation in the activities referred to in paragraphs 3, 3a and 3b, participate fully, without the right to vote, in the EC committees and other bodies which assist the EC Commission in the management or development of these activities.’

            Article 2
      This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (2).
      It shall apply from 1 January 2014.
      Article 3
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries

               to the EEA Joint Committee

         (1)  OJ L 84, 20.3.2014, p. 42.

         (2)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: Decision (EU) 2015/1668 of the European Parliament of 29 April 2015 on the closure of the accounts of the European Maritime Safety Agency for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/282

      DECISION (EU) 2015/1668 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on the closure of the accounts of the European Maritime Safety Agency for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Maritime Safety Agency 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 Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (5), and in particular Article 19 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 Transport and Tourism (A8-0088/2015),

         1.

            Notes that the final annual accounts of the European Maritime Safety Agency are as annexed to the Court of Auditors' report;

         2.

            Approves the closure of the accounts of the European Maritime Safety Agency for the financial year 2013;

         3.

            Instructs its President to forward this decision to the Executive Director of the European Maritime Safety Agency, 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. 210.

         (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 208, 5.8.2002, p. 1.

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

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


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31997D0632

97/632/EC, ECSC, Euratom: European Parliament Decision of 10 July 1997 on public access to European Parliament documents

Official Journal L 263 , 25/09/1997 P. 0027 - 0029

EUROPEAN PARLIAMENT DECISION of 10 July 1997 on public access to European Parliament documents (97/632/ECSC, EC, Euratom)THE EUROPEAN PARLIAMENT,Having regard to the Treaties establishing the European Communities, and in particular Article 142 of the Treaty establishing the European Community,Having regard to its Rules of Procedure, and in particular Rule 22 thereof,Having regard to the declaration on the right of access to information annexed to the Final Act of the Treaty on European Union, which emphasizes that transparency of the decision-making process strengthens the democratic nature of the institutions and the public's confidence in the administration,Whereas the European Parliament should adopt provisions to implement the principles set out in the abovementioned declaration and the conclusions of the European Council meetings in Birmingham and Edinburgh in favour of promoting a Community that is closer to its citizens;Whereas the principle of allowing the public wide access to European Parliament documents, as part of the transparency of Parliament's work, must not prejudice the protection of the public interest, the individual and privacy, and provision must therefore be made for derogations in this respect, inter alia;Whereas these principles are without prejudice to the relevant provisions on access to files directly concerning persons with a specific interest in them;Whereas this Decision must apply with due regard for provisions governing classified information that may be adopted, if appropriate, by Parliament;Whereas the provisions of this Decision shall apply in accordance with, and without prejudice to, the provisions of Parliament's Rules of Procedure;Whereas the European Parliament has always attached great importance to the need to maintain an open and continuous dialogue with the citizens of the Union in order to ensure that they are closely involved in, and well informed about, the activities of the Community;Whereas the aim of the present rules is to complement the information facilities traditionally offered by Parliament, its Members and its services, by granting a right of access to documents drawn up by the institution,HEREBY DECIDES:Article 1 1. The public shall have the right of access to European Parliament documents pursuant to the conditions laid down in this Decision.2. 'European Parliament document` shall mean any written text, whatever its medium, containing existing data and drawn up by the institution, subject to the provisions of Article 2 (3).Article 2 1. Applications for access to European Parliament documents shall be made in writing to the Secretariat of the European Parliament or to the European Parliament Information Office in the Member State in which the applicant resides. Applications must be made in a sufficiently precise manner and shall in particular contain the information needed to enable the document or documents requested to be identified, and the full name and address of the applicant. Where necessary, the institution shall ask the applicant to give further details.2. The document requested shall be forwarded in the language or languages of the applicant(s).3. Where the requested document was written by a natural or legal person, a Member State, another Community institution or body, or any other national or international body, the application must not be sent to the European Parliament, but direct to the author.4. In consultation with the applicant(s), the European Parliament shall endeavour to find a fair solution to deal with repeat applications and/or those which relate to very large documents.Article 3 1. Access to documents shall take the form of consultation on the spot, or in Parliament's information offices, or alternatively the delivery of a copy at the applicant's expense; the fee shall not exceed a reasonable sum. This fee and the cost of forwarding very large paper documents or other means of transmission shall be fixed by a decision of the Bureau of the European Parliament, which shall be published in the Official Journal.2. Parliament may stipulate that the person to whom a document is released may not reproduce or circulate the document in question for commercial or publicity purposes without prior authorization.3. The relevant parliamentary service shall notify applicants in writing, within a period of 45 days following receipt of the application, either that their application will be granted, or that it intends to propose that Parliament reject it. In the latter case, applicants shall also be informed of the reasons for that intention and that they have a period of 45 days in which to submit a confirmatory application to the institution for that position to be reconsidered, failing which they shall be deemed to have withdrawn their original application.4. If a confirmatory application is submitted, and if the Bureau decides to refuse to release the document concerned, that decision, which must be made within 45 days of submission of the confirmatory application, shall be notified in writing to the applicant as soon as possible. The grounds for the decision must be given, and the decision must indicate the means of redress that are available, i.e. judicial proceedings or complaints to the Ombudsman under the conditions specified in, respectively, Articles 173 and 138e of the Treaty establishing the European Community.Article 4 1. Any application for access to a European Parliament document shall be examined by the relevant bodies or services, which shall advise what action is to be taken.2. The Secretary-General of the European Parliament shall reply on behalf of the institution to applications for access to European Parliament documents. The Bureau of the European Parliament shall, on a proposal from the Secretary-General, take decisions on applications for review. It may delegate its decision-making powers to the Secretary-General.Article 5 1. Access to a European Parliament document may not be granted where its disclosure could undermine:- the protection of the public interest, and in particular public security, the financial interests of the European Community, court proceedings or the Institution's inquiry activities,- the protection of commercial and industrial secrecy,- the protection of the individual and of privacy,- the protection of confidentiality as requested by a natural or legal person that supplied an item of information contained in such a document or as required by the legislation of the Member State that supplied an item of information.2. Access to a European Parliament document may be refused in order to protect the confidentiality of deliberations of the political groups, of the parliamentary bodies where they meet in camera, or of the relevant services of its Secretariat.Article 6 This Decision shall apply in accordance with, and without prejudice to, the provisions of Parliament's Rules of Procedure.Article 7 This Decision shall be reviewed two years after its entry into force. In order to prepare this review, the Secretary-General of Parliament shall submit a report on the implementation of this Decision during 1997 and 1998.Article 8 This Decision shall take effect on 1 October 1997.Done at Brussels, 10 July 1997.By the European ParliamentThe PresidentJosé María GIL-ROBLES


title: Council Decision 2014/751/CFSP of 30 October 2014 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

text:
               31.10.2014

               EN

               Official Journal of the European Union

               L 311/54

         COUNCIL DECISION 2014/751/CFSP
   of 30 October 2014
   amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1).

               (2)

               On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 31 October 2015.

               (3)

               Decision 2010/573/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 4(2) of Decision 2010/573/CFSP is hereby replaced by the following:

      ‘2.   This Decision shall apply until 31 October 2015. It shall be kept under constant review. It shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’

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

      Done at Brussels, 30 October 2014.

            For the Council

            The President

         S. GOZI

      (1)  Council Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (OJ L 253, 28.9.2010, p. 54).


title: 2009/22/EC: Council Decision of 8 December 2008 appointing the Chairman of the Military Committee of the European Union

text:
               14.1.2009

               EN

               Official Journal of the European Union

               L 9/51

      COUNCIL DECISION

   of 8 December 2008
   appointing the Chairman of the Military Committee of the European Union
   (2009/22/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28(1) thereof,
   Having regard to the Treaty establishing the European Community, and in particular Article 207 thereof,
   Recalling Council Decision 2001/79/CFSP of 22 January 2001 setting up the Military Committee of the European Union (1),
   Whereas:

               (1)

               Pursuant to Article 3 of Decision 2001/79/CFSP, the Chairman of the Military Committee is to be appointed by the Council on the recommendation of the Committee meeting at the level of the Chiefs of Defence.

               (2)

               At its meeting on 29 October 2008, the Committee meeting at the level of the Chiefs of Defence recommended that General Håkan SYRÉN be appointed Chairman of the Military Committee of the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   General Håkan SYRÉN is appointed Chairman of the Military Committee of the European Union for a period of three years as from 6 November 2009.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 8 December 2008.

            For the Council

            The President

         B. KOUCHNER

      (1)  OJ L 27, 30.1.2001, p. 4.


title: Council Decision (Euratom) 2016/829 of 12 May 2016 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               27.5.2016

               EN

               Official Journal of the European Union

               L 140/3

         COUNCIL DECISION (Euratom) 2016/829
   of 12 May 2016
   approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the recommendation from the European Commission,
   Whereas:

               (1)

               In accordance with Article 6(2) of the 2011 Act of Accession, the accession of the Republic of Croatia to an agreement signed or concluded by the Member States and the Union with third countries or international organisations is to be agreed by means of a protocol to that agreement. In accordance with that Article, a simplified procedure is to apply to such accession, whereby a protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third country concerned.

               (2)

               On 14 September 2012, the Council authorised the Commission to open negotiations for the adaptation of agreements signed or concluded between the Union, or the Union and its Member States, and one or more third countries or international organisations, in view of the accession of the Republic of Croatia to the Union.

               (3)

               The negotiations were successfully concluded with the Republic of Tajikistan by the initialling of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part (1), to take account of the accession of the Republic of Croatia to the Union (‘the Protocol’).

               (4)

               The signature and conclusion of the Protocol are subject to a separate procedure as regards matters falling within the competence of the Union and its Member States.

               (5)

               The conclusion, by the Commission, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community,

         HAS ADOPTED THIS DECISION:
   Article 1
   The conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union, is hereby approved (2).
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 May 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 350, 29.12.2009, p. 3.

      (2)  The text of the Protocol is attached to the Decision on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union.


Avis juridique important

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41977D0707

77/707/ECSC: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 7 November 1977 concerning Community surveillance of imports of hard coal originating in third countries

Official Journal L 292 , 16/11/1977 P. 0011 - 0011 Finnish special edition: Chapter 11 Volume 3 P. 0210  Swedish special edition: Chapter 11 Volume 3 P. 0210  Spanish special edition: Chapter 12 Volume 3 P. 0033  Portuguese special edition Chapter 12 Volume 3 P. 0033

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL  of 7 November 1977  concerning Community surveillance of imports of hard coal originating in third countries  (77/707/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:    Article 1 Without prejudice to the provisions of the Treaty establishing the European Coal and Steel Community, this Decision shall apply to imports of hard coal (Code No 3,100 in Annex I to the Treaty) into the Member States.   Article 2 Imports of hard coal originating in third countries into the Member States shall be subject to Community surveillance in order that the Commission may be able regularly and better to judge developments in all Community coal markets, with particular regard to imports of hard coal originating in third countries.   Article 3 1. Pursuant to Article 2 and in order to supplement the information which the Commission receives from Governments and undertakings concerning coking coal imports originating in third countries, Member States shall inform the Commission of the following for each quarter of the calendar year:    - hard coal imports in tonnes (units of mass, t = t) with indication, if possible precise, of the net lower calorific value as received (net lower calorific value as received) expressed as kilojoules per kilogram (kJ/kg), for use in electric power stations or installations for the combined production of heat and electricity,       - average quarterly cif free-at-frontier prices of these hard coal imports per tonne (t = t).         2. The information referred to in paragraph I shall be communicated to the Commission within 40 days of the end of each quarter broken down, as far as the tonnages referred to in the first indent of paragraph 1 are concerned, by country of origin, except where less than three enterprises are involved, and by length of contract (one year and longer or less than one year).   Article 4 All information supplied pursuant to Article 3 shall be confidential. This provision shall not, however, prevent general or summary information from being supplied to the Member States in terms which preclude the reconstruction of financial information about individual deliveries.   Article 5 Member States shall take all necessary measures for the application of this Decision.     Done at Brussels, 7 November 1977.  The President  A. HUMBLET