title: 2013/571/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Chemicals Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/215

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European Chemicals Agency for the financial year 2011
   (2013/571/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Chemicals Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Chemicals Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

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

               —

               having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (4) establishing a European Chemicals Agency, and in particular Article 97 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), 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 the Environment, Public Health and Food Safety (A7-0097/2013),

               1.

               Approves the closure of the accounts of the European Chemicals Agency for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Chemicals 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 388, 15.12.2012, p. 73.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 396, 30.12.2006, p. 1.

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


title: Commission Decision of 15 December 2009 amending the Appendix to Annex VI to the Act of Accession of Bulgaria and Romania as regards certain milk processing establishments in Bulgaria (notified under document C(2009) 9976) (Text with EEA relevance)

text:
               16.12.2009

               EN

               Official Journal of the European Union

               L 330/93

      COMMISSION DECISION

   of 15 December 2009
   amending the Appendix to Annex VI to the Act of Accession of Bulgaria and Romania as regards certain milk processing establishments in Bulgaria
   (notified under document C(2009) 9976)
   (Text with EEA relevance)
   (2009/962/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular the first subparagraph of paragraph (f) of Section B of Chapter 4 of Annex VI thereto,
   Whereas:

               (1)

               Bulgaria has been granted transitional periods by the Act of Accession of Bulgaria and Romania for compliance by certain milk processing establishments with the requirements of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1).

               (2)

               Bulgaria has provided guarantees that 21 milk processing establishments have completed their upgrading process and are now in full compliance with Union legislation. Thirteen of those establishments are allowed to receive and process compliant and non-compliant raw milk without separation. One of those 13 establishments was already in the list of Chapter I of the Appendix to Annex VI. Twelve establishments should therefore be included in the list of Chapter I of the Appendix to Annex VI.

               (3)

               The Appendix to Annex VI to the Act of Accession of Bulgaria and Romania should therefore be amended accordingly.

               (4)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The Appendix to Annex VI to the Act of Accession of Bulgaria and Romania is amended in accordance with the Annex to this Decision.
   Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 15 December 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 139, 30.4.2004, p. 55.

      ANNEX
      In Chapter I of the Appendix to Annex VI to the Act of Accession of Bulgaria and Romania, the following entries are added:

                     No

                     Veterinary No

                     Name of the establishment

                     Town/Street or Village/Region

                     ‘65.

                     BG 2412037

                     “Stelimeks” EOOD

                     s. Asen

                     66.

                     0912015

                     “Anmar” OOD

                     s.Padina
                     obsht.Ardino

                     67.

                     0912016

                     OOD “Persenski”

                     s. Zhaltusha
                     obsht.Ardino

                     68.

                     1012014

                     ET“Georgi Gushterov DR”

                     s. Yahinovo

                     69.

                     1012018

                     “Evro miyt end milk” EOOD

                     gr.Kocherinovo
                     obsht. Kocherinovo

                     70.

                     1112017

                     ET “Rima-Rumen Borisov”

                     s.Vrabevo

                     71.

                     1312023

                     “Inter-D” OOD

                     s.Kozarsko

                     72.

                     1612049

                     “Alpina -Milk”EOOD

                     s. Zhelyazno

                     73.

                     1612064

                     OOD“Ikay”

                     s. Zhitnitsa
                     osht.Kaloyanovo

                     74.

                     2112008

                     MK “Rodopa milk”

                     s. Smilyan
                     obsht.Smolyan

                     75.

                     2412039

                     “Penchev”EOOD

                     gr.Chirpan
                     ul. “Septemvriytsi” 58

                     76.

                     2512021

                     “Keya-Komers-03” EOOD

                     s. Svetlen’


Avis juridique important

|

52002XB0109(01)

Consolidated version of Decision ECB/2001/7 of the European Central Bank of 30 August 2001 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes, as amended by Decision ECB/2001/14

Official Journal C 006 , 09/01/2002 P. 0008 - 0011

Consolidated version of Decision ECB/2001/7 of the European Central Bank of 30 August 2001 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes, as amended by Decision ECB/2001/14(2002/C 6/07)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Treaty establishing the European Community (hereinafter referred to as the "Treaty") and in particular to Article 106(1) thereof and to Article 16 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the "Statute").Having regard to Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro(1) and in particular to Articles 10 and 16 thereof,Whereas:(1) The provisions of Article 106(1) of the Treaty, Article 16 of the Statute and Article 10 of Regulation (EC) No 974/98 require more precise details on the denominations and specifications of the euro banknotes.(2) Such details may be provided by means of a decision of the European Central Bank, published for general information in the Official Journal of the European Communities.(3) Council Regulation (EC) No 975/98 of 3 May 1998 on denominations and technical specifications of euro coins intended for circulation(2) stipulates that the denominations of the euro coins will range from 1 cent to EUR 2.(4) The denominations of the euro banknotes should take into account the denominations of the euro coins.(5) The present Decision takes into account the preparatory work carried out by the European Monetary Institute (EMI) and, in particular with regard to the banknote designs, the results of a Europe-wide competition between banknote designers.(6) Such preparatory work included consultations with European associations of several categories of banknote users in order to take into account their specific visual and technical requirements and to facilitate the recognition and acceptance of the new banknote denominations and specifications by users.(7) The European Central Bank (ECB) is the recipient of the copyright on the designs of the euro banknotes, originally held by the EMI.(8) It is necessary to establish some common guiding principles according to which the reproduction of the designs of banknotes will be permitted.(9) A general authorisation should be given by virtue of the present Decision to all reproductions falling within certain criteria.(10) It is appropriate that the reproduction rules allow reproductions only if they are one-sided, in order to reduce the risk of the general public confusing reproductions of euro banknotes with genuine banknotes.(11) A common regime under which the NCBs of participating Member States are prepared to exchange mutilated or damaged euro banknotes needs to be established.(12) The need to establish a common regime also applies to the final withdrawal of banknotes when these are to be replaced by new banknotes.(13) The publication of announcements in the Official Journal of the European Communities may be accompanied by other means of publication that may facilitate due acknowledgement by the general public.(14) It is appropriate, for reasons of clarity and rationality, to consolidate Decision ECB/1998/6 of 7 July 1998 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes(3), as amended by Decision ECB/1999/2(4),HAS ADOPTED THIS DECISION:Article 1Denominations and specifications1. The first series of euro banknotes shall include seven denominations in the range of EUR 5 to EUR 500, depicting the theme "Ages and styles of Europe", with the following basic specifications.>TABLE>2. The seven denominations in the euro banknote series shall bear the representation of gateways and windows on the recto and bridges on the verso. All seven denominations shall be typical of the different European artistic periods referred to above. Other elements of the designs shall include: the symbol of the European Union: the name of the currency in the Roman and Greek alphabets; the initials of the ECB in their official language variants, the © symbol to indicate the copyright protection; and the signature of the President of the ECB.Article 2Reproduction1. The copyright on the banknotes specified in Article 1 shall belong to the ECB.2. The reproduction of all or part of a banknote specified in Article 1 shall be authorised in the following cases:(a) for photographs, drawings, paintings, films, and generally for any type of image in which the focus is not the banknotes or reproductions themselves and which do not provide a close-up view of the banknote designs;(b) for one-sided reproductions, provided these are more than 125 % or less than 75 % of both the length and the width of the respective banknote as specified in Article 1, irrespective of the material used for the reproduction.3. General authorisation of reproductions under the above rules may be cancelled in the event of a conflict with the unalienable moral rights of the author of the banknote designs.Article 3Exchange of mutilated or damaged euro banknotes1. NCBs of participating Member States shall, upon request, and under the conditions laid down in paragraph 2, exchange mutilated or damaged legal tender euro banknotes in the following cases:(a) when more than 50 % of the banknote is presented;(b) when 50 % or less of the banknote is presented if the applicant proves that the missing parts have been destroyed.2. The exchange of mutilated or damaged legal tender euro banknotes shall be granted under the following conditions:(a) identification of the applicant in cases of doubt as to the applicant's legal title to the banknotes and the authenticity of the banknotes;(b) written explanations of the kind of stain, contamination or impregnation when ink-stained, contaminated or impregnated banknotes are presented;(c) a written statement on the cause and kind of neutralisation when banknotes are submitted by professional banknote handlers, such as credit institutions as defined in Article 1(1)(a) of Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions(5), as amended by Directive 2000/28/EC(6) (hereinafter referred to as "credit institutions"), cash in transit companies and bureaux de change, if the banknotes have been discoloured by activated anti-theft devices.3. Where NCBs know or have sufficient reason to believe that a criminal offence has been committed or that the banknotes have been intentionally mutilated or damaged, they shall refuse to exchange them.Where NCBs know or have sufficient reason to believe that a criminal offence has been committed, they shall withhold against acknowledgement of receipt the mutilated or damaged banknotes as evidence to be presented to the competent authorities to initiate or to support an ongoing criminal investigation. Unless otherwise decided by the competent authorities, the banknotes shall be returned to the applicant at the end of the investigation and shall thereafter qualify for exchange. Where NCBs know or have sufficient reason to believe that the banknotes have been intentionally mutilated or damaged, they shall withhold the banknotes, in order to avoid the return of such banknotes into circulation or to prevent the applicant from presenting them to another NCB for exchange.Article 3aEstablishment of a fee for the exchange of mutilated or damaged euro banknotes1. NCBs shall charge professional banknote handlers, such as credit institutions, cash in transit companies and bureaux de change, a fee when they request NCBs in accordance with Article 3(1) to exchange legal tender euro banknotes that have been mutilated or damaged by using anti-theft devices.2. The fee shall amount to 10 cent per mutilated or damaged euro banknote.3. The fee shall only be charged if at least 100 mutilated or damaged euro banknotes are exchanged. The fee shall be charged for all exchanged banknotes.4. No fee shall be charged where euro banknotes have been mutilated or damaged in connection with attempted or committed robbery or theft.Article 4Withdrawal of banknotesThe withdrawal of a euro banknote type or series shall be regulated by a decision of the Governing Council published for general information in the Official Journal of the European Communities and other media. This Decision shall cover, as a minimum, the following points:- the euro banknote type or series to be withdrawn from circulation,- the duration of the exchange period,- the date on which the euro banknote type or series will lose its legal tender status,- the treatment of the euro banknotes presented once the withdrawal period is over and/or they have lost their legal tender status.Article 5Final provisions1. Decisions ECB/1998/6 and ECB/1999/2 are hereby repealed.2. References to the repealed Decisions shall be construed as references to this Decision.3. Article 1(4) of Guideline ECB/1999/3 of 7 July 1998 on certain provisions regarding euro banknotes, as amended on 26 August 1999(7), is hereby repealed.4. This Decision shall be published on the ECB website.5. This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.(1) OJ L 139, 11.5.1998, p. 1.(2) OJ L 139, 11.5.1998, p. 6.(3) OJ L 8, 14.1.1999, p. 36.(4) OJ L 258, 5.10.1999, p. 29.(5) OJ L 126, 26.5.2000, p. 1.(6) OJ L 275, 27.10.2000, p. 37.(7) OJ L 258, 5.10.1999, p. 32.


title: 2006/536/EC,Euratom: Council and Commission Decision of 21 February 2005 on the conclusion 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 Moldova, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

text:
               16.8.2006

               EN

               Official Journal of the European Union

               L 224/14

      COUNCIL AND COMMISSION DECISION

   of 21 February 2005
   on the conclusion 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 Moldova, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
   (2006/536/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,
   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 2003 Treaty of Accession, and in particular Article 2(3) thereof,
   Having regard to the 2003 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the Council's approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               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 Moldova, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union was signed on behalf of the European Communities and their Member States on 30 April 2004.

               (2)

               Pending its entry into force, the Protocol has been applied on a provisional basis as from 1 May 2004.

               (3)

               The Protocol should be approved,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   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 Moldova, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   The text of the Protocol is attached to this Decision (2).
   Article 2
   The President of the Council shall, on behalf of the Community and its Member States, give the notification provided for in Article 4 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Brussels, 21 February 2005.

            For the Council

            The President

         J. ASSELBORN

            For the Commission

            The President

         J. M. BARROSO

      (1)  OJ C 174 E, 14.7.2005, p. 43.

      (2)  See page 10 of this Official Journal.


title: 2012/600/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/288

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010
   (2012/600/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States 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 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (3), and in particular Article 30 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 Civil Liberties, Justice and Home Affairs (A7-0133/2012),

               1.

               Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union 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 Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, 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. 39.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 349, 25.11.2004, p. 1.

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

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER THE PAST YEARS

               Frontex

               2006

               2007

               2008

               2009

               Performance

               n.a.

               n.a.

                           —

                           Calls on the Agency to establish a link promptly between its work programme and its financial institution → The Agency adopted a multiannual plan for the period 2010-2013 despite the lack of provision for this in its basic regulation

                           —

                           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 establish a link between its work programme and its financial forecasts

                           —

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

                           —

                           Calls on the Agency to provide information on the impact of its operations and to inform the discharge authority thereof

               Budgetary and financial management

                           —

                           Legal commitments were entered into before budgetary commitments

                           —

                           The budgetary principles of annuality and specification were not strictly observed: the rate of carry-over was more than 70 % overall and nearly 85 % for operating expenditure

                           —

                           Recurrent problems in the Agency’s commitment system: budgetary commitments were made after legal commitments (25 cases) and grant agreements with the partner countries were signed for actions already started or even closed

                           —

                           Weaknesses in the programming and monitoring of the Agency’s activities (70 % of the appropriations available were not spent; commitments carried over made on the basis of excessive costs estimations)

                           —

                           Calls on the Agency to exercise its function to the full and to continue improving its financial management

                           —

                           Calls on the Agency to improve its financial management with regard to reimbursement of costs contracted by Member States by identifying the roots of the problem

                           —

                           The Agency should introduce an effective system for scheduling and monitoring the contractual deadlines laid down; a risk assessment process for its activities; a system of differentiated appropriations in future budgets for making grants in order to remedy the high level of carry-overs and cancellations; the fact that legal commitments were entered into before the corresponding budgetary commitments; the fact that recruitment procedures depart from the rules (transparency — non-discriminatory procedures)

                           —

                           Urges the Agency to improve the level of use of appropriations by putting in place appropriate instructions and procedures for the analysis of potential carry-forwards to be reduced to a minimum volume of appropriations carried over

                           —

                           Concerned that the Agency had to cancel appropriations (EUR 13 900 000 for 2009, EUR 13 000 000 for 2008)

                           —

                           A high level of carry-overs and cancellations is indicative of the inability of the Agency to manage such a large increase in its budget, calls on the Agency therefore to provide it with fuller details on the feasibility of future commitments

                           —

                           Calls on the Agency to improve its grant management

               Human resources

               n.a.

               n.a.

                           —

                           Issues in the recruitment procedures

               n.a.

               Internal audit

               n.a.

               n.a.

               Calls on the Agency to fulfil four out of 23 recommendations made by the IAS: i.e. completing job descriptions and the setting of objectives for staff members, strengthening security, improving mail registration, strengthening the grant management process and ensuring compliance with the Financial Regulation

                           —

                           Acknowledges out of the 19 recommendations issued by IAS, six have been adequately and effectively implemented, 10 are in progress and three are completed but still need to be verified by the IAS

          ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/290

         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 Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States 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 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (3), and in particular Article 30 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 Civil Liberties, Justice and Home Affairs (A7-0133/2012),

               A.

               whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts 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 European Agency for the Management of Operational Cooperation at the External Borders discharge for implementation of the Agency’s budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           urged the Agency to improve the level of use of appropriations by putting in place appropriate instructions and procedures for the analysis of potential carry-forwards to be reduced to a minimum amount of appropriations carried forward,

                           —

                           was concerned that the Agency had to cancel appropriations of EUR 13 900 000 for 2009 and of EUR 13 000 000 for 2008,

                           —

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

               C.

               whereas the overall budget of the Agency for the year 2010 was EUR 93 200 000, which is an increase of 4,95 % compared to the financial year 2009, whereas the initial contribution of the Union to the budget of the Agency for 2010 was EUR 83 000 000 compared to EUR 78 000 000 in 2009 (6), which represents an increase of 6,41 %,

      Budget and financial management

               1.

               Recalls that the initial Union contribution to the Agency for 2010 amounted to EUR 83 000 000; notes however that EUR 2 550 000, coming from the recovery of surplus, was added to this which, as a result, makes a total Union contribution of EUR 85 550 000 for 2010;

               2.

               Establishes from the definitive adoption of the Union’s general budget for the financial year 2010 that under Title I (Staff expenditure) and Title II (Administration), the Union’s appropriations for 2010 amounted to EUR 23 633 000 in terms of commitments and EUR 19 000 000 in terms of payments; notes also that under Title III (Operational expenditure) it amounted to EUR 59 367 000 in terms of commitments and EUR 38 000 000 in terms of payments;

               3.

               Acknowledges from its General Report that in 2010 the Agency used 95 % of its available budget of commitment appropriations and that the differences between the titles were limited, with Title I at 99 %, Title II at 80 %, and Title III at 97 %;

               4.

               Establishes from the Final Accounts that the level of payments of the 2010 budget improved from 61 % in 2009 to 69 % in 2010; moreover notes from the Agency that the payment levels for the 2010 operational budget reached 79 % compared with 65 % in 2009;

      Carry-over appropriations

               5.

               Is concerned that the Court of Auditors has reported carry-overs since 2006; notes in particular that for the year 2010 an amount of EUR 26 500 000, representing 28 % of the available budget, was carried forward to 2011 and that only EUR 12 000 000 of this amount was matched by accruals; calls on the Agency to submit information to the discharge authority at latest by 15 December 2012; takes note of the justifications given by the Agency, namely the need to ensure continuity in the Agency’s operational activities and to allocate funds for deployment in the first quarter of the following year; reiterates that the practice of carry-overs of appropriations should be strongly curtailed and should not hamper sound financial management practices; requests that the Agency follow the principle of annuality in the future;

               6.

               Points out once more that a high level of carry-overs and cancellations is indicative of the inability of the Agency to manage such a large increase in its budget; wonders whether it would not be more responsible for the budgetary authority to take greater care in the future when deciding on increases in the Agency’s budget in the light of the time needed to carry out new activities; calls on the Agency therefore to provide it with fuller details on the feasibility of future commitments;

               7.

               Is conscious that the permanent or long-time nature of the Agency’s joint operations makes it unavoidable that the execution of the corresponding commitments extends beyond the year-end; urges the Agency, nevertheless, to continue to decrease as much as possible the volume of appropriations carried forward by strengthening its monitoring of joint activities in order to adjust the grants as early as possible;

               8.

               Notes some action on the Agency’s revision of the so-called REM (running expenses of means) sheets in 2010 in order to improve the programming and monitoring;

      Accounting system

               9.

               Acknowledges the Court of Auditors’ observations of weaknesses in relation to the Agency’s accounting system; notes in fact that the system has still to be validated by the Accounting Officer, as required by the Financial Regulation; notes nevertheless the Agency’s reply which states that it started a Business Process Mapping project for financial processes in the beginning of 2011 and that the validation was supposed to be completed during the second half of 2011; calls therefore on the Court of Auditors to be reassured on this point;

               10.

               Notes the Court of Auditors’ observations of weaknesses in the system for reconciling suppliers’ statements with the corresponding records at the Agency; takes note of the Agency’s reply that most of the public entities do not have centralised accounting systems and some of them do not implement accrual-based accounting, making the process of vendor balances’ reconciliation difficult; notes the Agency’s commitment to make contact with the national authorities to try to implement alternative procedures with a view to reconciling its balances with those of its suppliers; calls on the Agency to regularly inform the discharge authority of the progress made with the national authorities to solve the issue;

               11.

               Asks that the Court of Auditors, in its report on the annual accounts of the Agency for the financial year 2011, assesses in greater detail the operations’ budget expenditure in relation to the objectives pursued by the Agency and its achievements;

      Public procurement and grants

               12.

               Acknowledges from the Final Accounts that the Agency has two ongoing litigation cases related to tender procedures and that the applicants have claimed damages for a total amount of EUR 10 794 806; urges the Agency to regularly inform the discharge authority of developments in these two cases;

               13.

               Sees from the Financial Accounts that the Agency concluded 751 grant agreements or Specific Financing Decisions with its partners, the total amount in co-financed activities being EUR 53 000 000;

               14.

               Notes, in addition, that out of the 751 grants, the Agency has not processed the final payment for 270 grants and that for 92 of those grants the Agency has paid the pre-financing amount of EUR 5 100 000;

      Grant management

               15.

               Calls on the Agency to carry out ex post controls in form of on-the-spot visits;

               16.

               Notes, nevertheless, that the Agency undertook a revision of the REM sheets, which are the basis for budget estimations and reimbursement claims;

      Human resources

               17.

               Establishes from the General Report that 74 recruitment procedures were carried out in 2010; notes that the recruitment procedures for four new posts from 2010 were ongoing and were expected to be completed in the first quarter of 2011, and that the total staff at the Agency at the end of 2010 was 294 members from a total approved Establishment Plan figure of 298;

      Performance

               18.

               Calls on the Agency to further develop coherence in the strategic and annual planning of its operations; notes, in fact, that the objectives of the Annual Work Programme (AWP) for 2010 are not clearly linked with those for 2010 in the Multi-Annual Plan 2010-2013; reminds the Agency that the absence of a clear link and consistency between the different planning documents might have a negative impact on the delivery of the strategic plan;

               19.

               Sees from its General Report that despite the fact that the Agency’s budget rose in 2010, the net allocated operational activities fell from EUR 48 200 000 to EUR 47 400 000 but the number of operational man hours rose by 27 % to 6 411;

               20.

               Welcomes the efforts of the Agency to improve its monitoring of the operations’ budget; acknowledges that the first Rapid Border Intervention Teams were deployed in November 2010 and that this resulted in significant changes to the Agency’s budget;

               21.

               Notes that discharge in respect of the implementation of the budget of the Agency should continue to be based on its performance throughout the year.

      Internal audit

               22.

               Acknowledges that in 2010 the Internal Audit Service (IAS) performed an audit on operational planning based on internal and external stakeholders’ input; notes in particular that the scope of this audit covered:

                           —

                           the coherence of strategic planning and annual planning of operations,

                           —

                           the adequacy of the process for the preparation of the operational planning with a special focus on the involvement of relevant stakeholders,

                           —

                           the adequacy of the process for the collection of feedback from operational activities and its use for the preparation of future planning,

                           —

                           the adequacy of the process to handle ad hoc requests by stakeholders concerning the operational planning;

               23.

               Calls in this respect on the Agency to ensure that all objectives in the Multi-Annual Plan are appropriately and clearly translated into the AWP;

               24.

               Welcomes the fact that the Agency, nevertheless, addresses in its operational plans the risks for each specific operation; notes in addition with pleasure that the Agency uses the lessons learned during the implementation of its operations to improve the preparation of subsequent operational plans;

               25.

               Acknowledges that the IAS still needs to review the Agency’s implementation of seven ‘very important’ recommendations from the IAS’s previous audits; notes in particular that these recommendations concern:

                           —

                           the 2009 audit on grant management, and notably the assessment of the need to request a certificate to process a payment request, the preparation of a policy on checks and controls, the legal agreement on operational plans with partners, and the description of the assessment criteria,

                           —

                           the 2008 follow-up audit on the Internal Control System, and notably the appropriate staffing to achieve its objectives,

                           —

                           the 2007 audit on the Internal Control System, and notably the revision of the registration procedure and the proper complete job description and communication to staff;

               26.

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

               27.

               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 (7) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 39.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 349, 25.11.2004, p. 1.

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

      (5)  OJ L 250, 27.9.2011, p. 224.

      (6)  OJ L 64, 12.3.2010, p. 1016.

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


title: 2013/462/EU: Council Decision of 22 July 2013 on the signature, on behalf of the European Union, and on the provisional application of the Protocol setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Gabonese Republic

text:
               20.9.2013

               EN

               Official Journal of the European Union

               L 250/1

         COUNCIL DECISION
   of 22 July 2013
   on the signature, on behalf of the European Union, and on the provisional application of the Protocol setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Gabonese Republic
   (2013/462/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 16 April 2007, the Council approved the Fisheries Partnership Agreement between the Gabonese Republic and the European Community by adopting Regulation (EC) No 450/2007 (1).

               (2)

               The last Protocol to the Fisheries Partnership Agreement (2) expired on 2 December 2011.

               (3)

               The Council authorised the Commission to negotiate a new Protocol granting EU vessels fishing opportunities in waters in which the Gabonese Republic exercises its sovereignty or its jurisdiction as regards fishing. At the end of those negotiations, a New Protocol was initialled on 24 April 2013.

               (4)

               In order to ensure that EU vessels can resume fishing activity, the New Protocols provides for its provisional application from the date of its signature and pending completion of the procedures necessary for its conclusion.

               (5)

               The New Protocol should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signature, on behalf of the Union, of the Protocol setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Gabonese Republic (hereinafter, the ‘Protocol’) is hereby authorised, subject to its conclusion.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person or persons empowered to sign the Protocol on behalf of the Union.
   Article 3
   The Protocol shall be applied provisionally, in accordance with Article 14 thereof, from the date of its signature, pending the completion of the procedures necessary for its conclusion.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 22 July 2013.

            For the Council

            The President

         C. ASHTON

      (1)  Council Regulation (EC) No 450/2007 of 16 April 2007 on the conclusion of the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (OJ L 109, 26.4.2007, p. 1).

      (2)  OJ L 319, 18.11.2006, p. 17.


Avis juridique important

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31986D0282

86/282/ECSC: Council Decision of 25 June 1986 amending Council Decision 76/228/ECSC on the granting of daily subsistence allowances and refunds of travel expenses to Members of the Consultative Committee of the European Coal and Steel Community

Official Journal L 178 , 02/07/1986 P. 0015 - 0015

*****COUNCIL  DECISION  of 25 June 1986  amending Council Decision 76/228/ECSC on the granting of daily subsistence allowances and refunds of travel expenses to Members of the Consultative Committee of the European Coal and Steel Community  (86/282/ECSC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 18 thereof,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 6 thereof,  Whereas the amount of the daily subsistence allowances payable to members of the Consultative Committee of the European Coal and Steel Community should be adjusted to take account of the increased subsistence expenses of the Committee's members,  HAS DECIDED AS FOLLOWS:  Article 1  With effect from 1 January 1986, Council Decision 76/228/ECSC of 16 February 1976 on the granting of daily subsistence allowances and refunds of travel expenses to members of the Consultative Committee of the European Coal and Steel Community (1), as last amended by Decision 85/123/ECSC (2), is hereby amended as follows:  Article 2 (1): 'Bfrs 3 600' shall be replaced by 'Bfrs 4 000'.  Article 2  This Decision shall be published in the Official Journal of the European Communities.  Done at Luxembourg, 25 June 1986.  For the Council  The President  G. BRAKS  (1) OJ No L 44, 20. 2. 1976, p. 33.  (2) OJ No L 48, 16. 2. 1985, p. 30.


64/435/EEC: Commission Decision of 20 July 1964 setting up an Advisory Committee on Milk and Milk Products


title: Council Decision of 21 March 1974 on the conclusion of an Agreement between the European Economic Community and the Republic of India on trade in jute products

text:
No L 82/ 10                       Official Journal of the European Communities                     27. 3 . 74
                                                         II
                                    (Acts whose publication is not obligatory)
                                                 COUNCIL
                                              COUNCIL DECISION
                                                 of 21 March 1974
            on the conclusion of an Agreement between the European Economic Community and
                                  the Republic of India on trade in jute products
                                                   (74/ 145/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Article 113 thereof;
            Having regard to the Recommendation from the Commission ;
            Whereas the Agreement on trade in jute products negotiated between the European
            Economic Community and the Republic of India should be concluded,
            HAS DECIDED AS FOLLOWS :
                                                      Article 1
            The Agreement between the European Economic Community and the Republic of India
            on trade in jute products, the text of which is annexed hereto, is hereby concluded on
            behalf of the European Economic Community.
                                                      Article 2
            The President of the Council is hereby authorized to designate the persons empowered
            to sign the Agreement and to confer on them the powers required in order to bind the
            Community.
            Done at Brussels, 21 March 1974.
                                                                                For the Council
                                                                                The President
                                                                                J. ERTL


Avis juridique important

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31989D0208

89/208/EEC: Council Decision of 27 February 1989 on the conclusion of the Protocol to the Agreement establishing an association between the European economic community and Malta consequent on the accession of the kingdom of Spain and the Portuguese republic to the community

Official Journal L 081 , 23/03/1989 P. 0010 - 0010 Finnish special edition: Chapter 11 Volume 15 P. 0020  Swedish special edition: Chapter 11 Volume 15 P. 0020

COUNCIL DECISION of 27 February 1989 on the conclusion of the Protocol to the Agreement establishing an Association between the European Economic Community and Malta consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community (89/208/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof,  Having regard to the recommendation from the Commission (1),  Having regard to the assent of the European Parliament (2),  Whereas the Protocol to the Agreement establishing an Association between the European Economic Community and Malta (3), signed at Valletta on 5 December 1970, should be approved, in order to take into account the accession of the Kingdom of Spain and the Portuguese Republic to the Community,  HAS DECIDED AS FOLLOWS:     Article 1 The Protocol to the Agreement establishing an Association between the European Economic Community and Malta consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.    Article 2 The President of the Council shall give the notification provided for in Article 26 of the Protocol (4).    Article 3 This Decision shall take effect on the day following that of its publication in the Official Journal of the European Communities.      Done at Brussels, 27 February 1989.  For the Council  The President  P. SOLBES  (1) OJ No C 294, 18.11.1988, p. 6. (2) OJ No C 69, 20.3.1989. (3) OJ No L 61, 14.3.1971, p. 2. (4) See page 80 of this Official Journal.


title: Council Decision (EU) 2015/2377 of 26 October 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Palau on the short-stay visa waiver

text:
               18.12.2015

               EN

               Official Journal of the European Union

               L 332/11

         COUNCIL DECISION (EU) 2015/2377
   of 26 October 2015
   on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Palau on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to the Republic of Palau from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2).

               (2)

               That reference to the Republic of Palau is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

               (3)

               On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Republic of Palau for the conclusion of an agreement between the European Union and the Republic of Palau on the short-stay visa waiver (the ‘Agreement’).

               (4)

               Negotiations on the Agreement were opened on 17 December 2014 and were successfully finalised by the initialling thereof, by exchange of letters, on 27 May 2015 by the Republic of Palau and on 10 June 2015 by the Union.

               (5)

               The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the day following the date of signature thereof, pending the completion of the procedures for its formal conclusion.

               (6)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (7)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement between the European Union and the Republic of Palau on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The declarations attached to this Decision shall be approved on behalf of the Union.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 4
   The Agreement shall be applied on a provisional basis as from the day following the date of signature thereof (5), pending the completion of the procedures for its conclusion.
   Article 5
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 26 October 2015.

            For the Council

            The President

         C. DIESCHBOURG

      (1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

      (2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

      (5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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41995D0579

95/579/EC, Euratom, ECSC: Decision of the Representatives of the Governments of the Member States of the European Communities of 21 December 1995 appointing a member of the Court of First Instance of the European Communities

Official Journal L 327 , 30/12/1995 P. 0014 - 0014

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES of 21 December 1995 appointing a member of the Court of First Instance of the European Communities (95/579/EC, Euratom, ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 168a thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32d thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140a thereof,Having regard to Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities (1),Having regard to Decision 95/1/EC, Euratom, ECSC of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (2), and in particular Article 10 amending Article 2 (1) of Decision 88/591/ECSC, EEC, Euratom and Article 31 (2) amending Article 157 (2) of the Act of Accession thereof,Whereas Mr Donal P. M. Barrington, Judge at the Court of First Instance of the European Communities, tendered his resignation in a letter dated 15 December 1995;Whereas, pursuant to Articles 44 and 8 of the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community, Articles 44 and 7 of the Protocol on the Statute of the Court of Justice of the European Economic Community and Articles 45 and 7 of the Protocol on the Statute of the Court of Justice of the European Atomic Energy Community, a Judge needs to be appointed for the remainder of Mr Donal P. M. Barrington's term of office, which runs until 31 August 2001,HAVE DECIDED AS FOLLOWS:Article 1The following is hereby appointed Judge at the Court of First Instance for the period up to and including 31 August 2001:Mr John D. Cooke.Article 2This Decision shall be effective from 10 January 1996.Done at Brussels, 21 December 1995.The PresidentF. J. ELORZA CAVENGT(1) OJ No L 319, 25. 11. 1988, p. 1, as corrected by OJ No C 241, 17. 8. 1989, p. 4. Decision as amended by Decision 93/350/Euratom, ECSC, EEC (OJ No L 144, 16. 6. 1993, p. 21), as amended by Decision 94/149/ECSC (OJ No L 66, 10. 3. 1994, p. 29).(2) OJ No L 1, 1. 1. 1995, p. 1.


title: Council Decision 2013/685/CFSP of 26 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               27.11.2013

               EN

               Official Journal of the European Union

               L 316/46

         COUNCIL DECISION 2013/685/CFSP
   of 26 November 2013
   amending Decision 2010/413/CFSP concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (1), and in particular Article 23(2) thereof,
   Whereas:

               (1)

               On 26 July 2010, the Council adopted Decision 2010/413/CFSP concerning restrictive measures against Iran.

               (2)

               By it judgments of 16 September 2013 in Case T-489/10 (2), the General Court of the European Union annulled the Council's decisions to include Islamic Republic of Iran Shipping Lines, Bushehr Shipping Co. Ltd, Hafize Darya Shipping Lines (HDSL), Irano – Misr Shipping Co., Irinvestship Ltd, IRISL (Malta) Ltd, IRISL Club, IRISL Europe GmbH, IRISL Marine Services and Engineering Co., ISI Maritime Ltd, Khazar Shipping Lines, Leadmarine, Marble Shipping Ltd, Safiran Payam Darya Shipping Lines (SAPID), Shipping Computer Services Co., Soroush Saramin Asatir Ship Management, South Way Shipping Agency Co. Ltd and Valfajr 8th Shipping Line Co. on the list of persons and entities subject to restrictive measures in Annex II to Decision 2010/413/CFSP.

               (3)

               Islamic Republic of Iran Shipping Lines, Bushehr Shipping Co. Ltd, Hafize Darya Shipping Lines (HDSL), Irano – Misr Shipping Co., Irinvestship Ltd, IRISL (Malta) Ltd, IRISL Europe GmbH, IRISL Marine Services and Engineering Co., ISI Maritime Ltd, Khazar Shipping Lines, Marble Shipping Ltd, Safiran Payam Darya Shipping Lines (SAPID), Shipping Computer Services Co., Soroush Saramin Asatir Ship Management, South Way Shipping Agency Co. Ltd and Valfajr 8th Shipping Line Co. should be included again on the list of persons and entities subject to restrictive measures, on the basis of new statements of reasons concerning each of those entities.

               (4)

               The identifying information in relation to an entity on the list of persons and entities subject to restrictive measures in Annex II to Decision 2010/413/CFSP should be amended.

               (5)

               Following the judgments of the General Court in Cases T-392/11 (3), T-404/11 (4) and T-63/2012 (5), Iran Transfo, Sakhte Turbopomp va Kompressor (SATAK) (a.k.a. Turbo Compressor Manufacturer, TCMFG) and Oil Turbo Compressor Co. are not included on the list of persons and entities subject to restrictive measures in Annex II to Decision 2010/413/CFSP.

         HAS ADOPTED THIS DECISION:
   Article 1
   Annex II to Decision 2010/413/CFSP is hereby amended as set out in the Annex to this Decision.
   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, 26 November 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 195, 27.7.2010, p. 39.

      (2)  Judgement of 16 September 2013 in Case T-489/10, Islam Republic of Iran Shipping Lines v. Council of the European Union.

      (3)  Judgment of 16 May 2013 in Case T-392/11, Iran Transfo v Council of the European Union

      (4)  Judgment of 17 April 2013 in Case T-404/11, Turbo Compressor Manufacturer (TCMFG) v Council of the European Union.

      (5)  Judgment of 26 October 2012 in Case T-63/12, Oil Turbo Compressor Co. (Private Joint Stock) v Council of the European Union.

      ANNEX
      I.   The entities listed below are added to the list set out in Annex II to Decision 2010/413/CFSP
      III.   Islamic Republic of the Iran Shipping Lines (IRISL)

      B.   Entities

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Islamic Republic of Iran Shipping Lines (IRISL)

                  No. 37, Aseman Tower (Sky Tower), Sayyade Shirazee Square, Pasdaran Ave., PO Box 19395-1311, Tehran, Iran;
                  IRISL IMO Nrs: 9051624; 9465849; 7632826; 7632814; 9465760; 8107581; 9226944; 7620550; 9465863; 9226956; 7375363; 9465758; 9270696; 9193214; 8107579; 9193197; 8108559; 8105284; 9465746; 9346524; 9465851; 8112990

                  IRISL has been involved in the shipment of arms-related materiel from Iran in violation of paragraph 5 of UNSC Resolution 1747(2007). Three clear violations were reported to the UN Security Council Iran Sanctions Committee in 2009.

                  27.11.2013

                  2.

                  Bushehr Shipping Company Limited (a.k.a. Bimeh Iran)

                  143/1 Tower Road Sliema, Slm 1604, Malta;
                  Registration No. C 37422; c/o Hafiz Darya Shipping Company, No. 60, Ehteshamiyeh Square, 7th Neyestan Street, Pasdaran Avenue, Tehran, Iran;
                  IMO Nr. 9270658

                  Bushehr Shipping Company Limited is owned by IRISL.

                  27.11.2013

                  3.

                  Hafiz Darya Shipping Lines (HDSL)
                  (a.k.a HDS Lines)

                  No. 60, Ehteshamiyeh Square, 7th Neyestan Street, Pasdaran Avenue, Tehran, Iran.

                  HDSL has taken over as beneficial owner a number of Islamic Republic of Iran Shipping Line's (IRISL) vessels. Accordingly, HDSL is acting on behalf of IRISL.

                  27.11.2013

                  4.

                  Irano Misr Shipping Company
                  (a.k.a. Nefertiti Shipping)

                  6, El Horeya Rd., El Attarein, Alexandria, Egypt;
                  Inside Damietta Port, New Damietta City, Damietta, Egypt;
                  403, El NahdaSt., Port Said, Port Said, Egypt.

                  Irano Misr Shipping Company as agent for IRISL in Egypt provides essential services to IRISL.

                  27.11.2013

                  5.

                  Irinvestship Ltd

                  10 Greycoat Place, London SW1P 1SB, United Kingdom;
                  Company Registration Number # 41101 79

                  Irinvestship Ltd is owned by IRISL.

                  27.11.2013

                  6.

                  IRISL (Malta) Ltd

                  Flat 1, 143 Tower Road, Sliema SLM 1604, Malta;
                  Registration No. C 33735

                  IRISL (Malta) Ltd is majority owned by IRISL, through IRISL Europe GmbH, which is in turn owned by IRISL. Accordingly, IRISL Malta Ltd is controlled by IRISL.

                  27.11.2013

                  7.

                  IRISL Europe GmbH (Hamburg)

                  Schottweg 5, 22087 Hamburg, Germany;
                  V.A.T. Number DE217283818
                  Registration No. HRB 81573

                  IRISL Europe GmbH (Hamburg) is owned by IRISL.

                  27.11.2013

                  8.

                  IRISL Marine Services and Engineering Company

                  Sarbandar Gas Station, PO Box 199, Bandar Imam Khomeini, Iran;
                  Karim Khan Zand Avenue (or: Karimkhan Avenue), Iran Shahr Shomai (or: Northern Iranshahr Street), No 221, Tehran, Iran;
                  Shahaid Rajaee Port Road, Kilometer of 8, Before Tavanir Power Station, Bandar Abbas, Iran.

                  IRISL Marine Services and Engineering Company is controlled by IRISL.

                  27.11.2013

                  9.

                  ISI Maritime Limited (Malta)

                  147/1 St. Lucia Street, Valetta, Vlt 1185, Malta;
                  Registration No. C 28940
                  c/o IranoHind Shipping Co. Ltd., Mehrshad Street, Sedaghat St., opp. Park Mellat vali-e-asr Ave., Tehran, Iran

                  ISI Maritime Limited (Malta) is wholly owned by Irano Hind Shipping Company which is in turn majority owned by IRISL. Accordingly, ISI Maritime Limited (Malta) is controlled by IRISL. Irano Hind Shipping Company is designated by the UN as owned, controlled, or acting on behalf of IRISL.

                  27.11.2013

                  10.

                  Khazar Shipping Lines (Bandar Anzali)

                  End of Shahid Mostafa, Khomeini St., Tohid Square, Bandar Anzali 1711-324, Iran, P.O. Box 43145.

                  Marble Shipping Limited
                  (Malta) is owned by IRISL.

                  27.11.2013

                  11.

                  Marble Shipping Limited
                  (Malta)

                  143/1 Tower Road, Sliema, Slm 1604, Malta;
                  Registration No. C 41949

                  Entity owned by IRISL.

                  27.11.2013

                  12.

                  Safiran Payam Darya (SAPID) Shipping Company
                  (a.k.a. Safiran Payam Darya Shipping Lines, SAPID Shipping Company)

                  33241 - Narenjestan 8th ST, Artesh Blvd, Aghdasieh, PO Box 19635-1116, Tehran, Iran.

                  Safiran Payam Darya (SAPID) has taken over as beneficial owner a number of Islamic Republic of Iran Shipping Line's (IRISL) vessels. Accordingly, it is acting on behalf of IRISL.

                  27.11.2013

                  13.

                  Shipping Computer Services Company
                  (SCSCOL)

                  No 37, Asseman, Shahid Sayyad Shirazees Ave, P.O. Box 1587553-1351, Tehran, Iran.

                  Shipping Computer Services Company is controlled by IRISL.

                  27.11.2013

                  14.

                  Soroush Saramin Asatir (SSA)
                  (a.k.a. Soroush Sarzamin Asatir Ship Management Company, Rabbaran Omid Darya Ship Management Company, Sealeaders)

                  No 14 (alt. 5), Shabnam Alley, Fajr Street, Shahid Motahhari Avenue, PO Box 196365-1114, Tehran, Iran.

                  Soroush Saramin Asatir (SSA) operates and manages a number of Islamic Republic of Iran Shipping Lines (IRISL) vessels. Accordingly, it acts on behalf of IRISL and provides essential services to it.

                  27.11.2013

                  15.

                  South Way Shipping Agency Co. Ltd
                  (a.k.a. Hoopad Darya Shipping Agent)

                  Hoopad Darya Shipping Agency Company, No 101, Shabnam Alley, Ghaem Magham Street, Tehran, Iran;
                  Bandar Abbas Branch: Hoopad Darya Shipping Agency building, Imam Khomeini Blvd, Bandar Abbas, Iran;
                  Imam Khomieni Branch: Hoopad Darya Shipping Agency building B.I.K. port complex, Bandar Imam Khomeini, Iran;
                  Khorramshahr Branch: Flat no.2-2nd floor, SSL Building, Coastal Blvd, between City Hall and Post Office, Khorramshahr, Iran;
                  Assaluyeh Branch: Opposite to city post office, no.2 telecommunication center, Bandar Assaluyeh, Iran;
                  Chabahar Branch: No address available;
                  Bushehr Branch: No address available.

                  South Way Shipping Agency Co Ltd manages container terminal operations in Iran and provides fleet personnel services in Bandar Abbas on behalf of IRISL. Accordingly, South Way Shipping Agency Co Ltd is acting on behalf of IRISL.

                  27.11.2013

                  16.

                  Valfajr 8th Shipping Line
                  (a.k.a. Valjafr 8th Shipping Line, Valfajr)

                  No 119, Corner Shabnam Alley, Shoaa Square, Ghaem Magam Farahani, Tehran, Iran P.O. Box 15875/4155
                  Abyar Alley, Corner of Shahid Azodi St. & Karim Khan Zand Ave., Tehran, Iran;
                  Shahid Azodi St., Karim Khan Zand Ave., Abiar Alley, PO Box 4155, Tehran, Iran.

                  Valfajr 8th Shipping Line is owned by IRISL.

                  27.11.2013

            II.   The entry for the entity set out in Annex II to Decision 2010/413/CFSP listed below are replaced by the entry below
      I.   Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran

      B.   Entities

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  MASNA (Modierat Saakht Niroogahye Atomi Iran) Managing Company for the Construction of Nuclear Power Plants

                  P.O. Box 14395-1359, Tehran, Iran

                  Subordinate to AEOI and Novin Energy (both designated under UNSCR 1737). Involved in the development of nuclear reactors.

                  26.7.2010


Avis juridique important

|

31973D0416

73/416/EEC: Commission Decision of 31 October 1973 on the Advisory Committee on Milk and Milk Products

Official Journal L 355 , 24/12/1973 P. 0028 - 0029 Greek special edition: Chapter 03 Volume 10 P. 0062  Spanish special edition: Chapter 03 Volume 7 P. 0104  Portuguese special edition Chapter 03 Volume 7 P. 0104

++++ ( 1 ) OJ N 122 , 29 . 7 . 1964 , PP . 2049 TO 2051/64 .   ( 2 ) OJ N L 121 , 4 . 6 . 1970 , PP . 24 AND 25 .  COMMISSION DECISION  OF 31 OCTOBER 1973  ON THE ADVISORY COMMITTEE ON MILK AND MILK PRODUCTS   ( 73/416/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS AN ADVISORY COMMITTEE ON MILK AND MILK PRODUCTS WAS SET UP BY THE COMMISSION DECISION OF 20 JULY 1964 ( 1 ) , AS AMENDED BY THE DECISION OF 15 MAY 1970 ( 2 ) ;  WHEREAS IT IS CONSIDERED DESIRABLE , AS A RESULT OF THE ACCESSION OF NEW MEMBER STATES TO THE COMMUNITY , TO ALTER THE RULES FIXING THE NUMBER AND APPORTIONMENT OF SEATS ON THIS COMMITTEE ;  WHEREAS , MOREOVER , THE TEXT OF THE DECISION AFORESAID REQUIRES CERTAIN MINOR ALTERATIONS AND IT IS THEREFORE NECESSARY FOR THE SAKE OF CLARITY TO PRODUCE A COMPLETELY NEW VERSION OF THE TEXT ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE TEXT OF THE DECISION OF 20 JULY 1964 SETTING UP AND ADVISORY COMMITTEE ON MILK AND MILK PRODUCTS IS REPLACED BY THE FOLLOWING :   " ARTICLE 1  1 . THERE SHALL BE ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON MILK AND MILK PRODUCTS , HEREINAFTER CALLED THE " COMMITTEE "  2 . THE COMMITTEE SHALL BE COMPOSED OF REPRESENTATIVES OF THE FOLLOWING INTERESTS : PRODUCERS , COOPERATIVES , THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , TRADERS IN AGRICULTURAL PRODUCE AND FOODSTUFFS , AGRICULTURAL WORKERS AND WORKERS IN THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , CONSUMERS .  ARTICLE 2  1 . THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ANY PROBLEM CONCERNING THE OPERATION OF REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS AND IN PARTICULAR ON MEASURES TO BE ADOPTED BY THE COMMISSION UNDER THOSE REGULATIONS .  2 . THE CHAIRMAN OF THE COMMITTEE MAY INDICATE TO THE COMMISSION THE DESIRABILITY OF CONSULTING THE COMMITTEE ON ANY MATTER WITHIN THE LATTER'S COMPETENCE BUT ON WHICH ITS OPINION HAS NOT BEEN SOUGHT . HE SHALL DO SO , IN PARTICULAR , AT THE REQUEST OF ONE OF THE INTERESTS REPRESENTED .  ARTICLE 3  1 . THE COMMITTEE SHALL CONSIST OF FORTY-SIX MEMBERS .  2 . SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :   _ FOURTEEN TO REPRESENTATIVES OF PRODUCERS OF MILK AND MILK PRODUCTS ,   _ SIX TO REPRESENTATIVES OF MILK AND MILK PRODUCT COOPERATIVES ,   _ THREE TO COOPERATIVES USING MILK AND MILK PRODUCTS ,   _ FOUR TO REPRESENTATIVES OF THE MILK AND MILK PRODUCT PROCESSING INDUSTRIES ,   _ THREE TO REPRESENTATIVES OF THE MILK AND MILK PRODUCT USING INDUSTRIES ,   _ FIVE TO REPRESENTATIVES OF THE MILK AND MILK PRODUCTS TRADE ,   _ FIVE TO REPRESENTATIVES OF AGRICULTURAL WORKERS AND OF WORKERS IN THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES ,   _ SIX TO CONSUMERS' REPRESENTATIVES .  ARTICLE 4  1 . MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE TRADE , WORKERS' ORGANIZATIONS SET UP AT COMMUNITY LEVEL WHICH ARE MOST REPRESENTATIVE OF THE INTERESTS SPECIFIED IN ARTICLE 1 ( 2 ) AND WHOSE ACTIVITIES COME WITHIN THE SCOPE OF THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ; CONSUMERS' REPRESENTATIVES SHALL BE APPOINTED ON PROPOSALS FROM THE CONSUMERS' ADVISORY COMMITTEE .  THOSE BODIES SHALL FOR EACH SEAT TO BE FILLED PUT FORWARD THE NAMES OF TWO CANDIDATES OF DIFFERENT NATIONALITY .  2 . THE TERM OF OFFICE FOR MEMBERS OF THE COMMITTEE SHALL BE THREE YEARS . THEIR APPOINTMENTS MAY BE RENEWED . MEMBERS SHALL NOT BE REMUNERATED FOR THEIR SERVICES .  AFTER EXPIRY OF THE THREE YEARS MEMBERS OF THE COMMITTEE SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED .  A MEMBER'S TERM OF OFFICE MAY BE TERMINATED BEFORE EXPIRY OF THE THREE YEARS BY DEATH OR RESIGNATION .  IT MAY ALSO BE TERMINATED WHERE THE BODY WHICH THE MEMBER REPRESENTS REQUESTS THAT HE BE REPLACED .  A PERSON SHALL BE APPOINTED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 , TO REPLACE SUCH MEMBER FOR THE REMAINDER OF THE TERM OF OFFICE .  3 . A LIST OF THE MEMBERS OF THE COMMITTEE SHALL BE PUBLISHED BY THE COMMISSION , FOR INFORMATION PURPOSES , IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 5  THE COMMITTEE SHALL , BY A TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT , ELECT A CHAIRMAN AND TWO VICE-CHAIRMEN FOR A PERIOD OF THREE YEARS .  THE COMMITTEE MAY , BY THE LIKE MAJORITY , ELECT FURTHER OFFICERS FROM AMONG THE OTHER MEMBERS . IN THAT CASE , THE OFFICERS OTHER THAN THE CHAIRMAN SHALL CONSIST AT MOST OF ONE REPRESENTATIVE OF EACH INTEREST REPRESENTED ON THE COMMITTEE .  THE OFFICERS SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .  ARTICLE 6  AT THE REQUEST OF ANY OF THE INTERESTS REPRESENTED , THE CHAIRMAN MAY INVITE A PERSON DELEGATED BY THE INTEREST CONCERNED TO BE PRESENT AT MEETINGS OF THE COMMITTEE . HE MAY LIKEWISE ON SUCH REQUEST INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ANY SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE DELIBERATIONS OF THE COMMITTEE . EXPERTS SHALL TAKE PART IN DISCUSSIONS ONLY OF THOSE QUESTIONS ON ACCOUNT OF WHICH THEY WERE INVITED .  ARTICLE 7  THE COMMITTEE MAY SET UP WORKING GROUPS TO ASSIST IT IN CARRYING OUT ITS WORK .  ARTICLE 8  1 . THE COMMITTEE SHALL BE CONVENED BY THE COMMISSION AND SHALL MEET AT COMMISSION HEADQUARTERS . MEETINGS OF THE OFFICERS SHALL BE CONVENED BY THE CHAIRMAN BY ARRANGEMENT WITH THE COMMISSION .  2 . REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS .  3 . SECRETARIAL SERVICES FOR THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS SHALL BE PROVIDED BY THE COMMISSION .  ARTICLE 9  THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION . NO VOTE SHALL BE TAKEN .  THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .  THE VIEWS EXPRESSED BY THE VARIOUS INTERESTS REPRESENTED SHALL BE INCLUDED IN A REPORT FORWARDED TO THE COMMISSION .  IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMITTEE ON THE OPINION TO BE GIVEN , THE COMMITTEE SHALL FORMULATE JOINT CONCLUSIONS AND ATTACH THEM TO THE REPORT .  THE OUTCOME OF THE COMMITTEE'S DISCUSSIONS SHALL ON REQUEST BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL AND TO THE MANAGEMENT COMMITTEES .  ARTICLE 10  WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INFORMS THEM THAT THE OPINION REQUESTED OR THE QUESTION RAISED IS ON A MATTER OF A CONFIDENTIAL NATURE , MEMBERS OF THE COMMITTEE SHALL BE UNDER AN OBLIGATION NOT TO DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE OR OF ITS WORKING GROUPS .  IN SUCH CASES , ONLY COMMITTEE MEMBERS AND REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED MAY BE PRESENT AT MEETINGS . "  ARTICLE 2  THIS DECISION SHALL ENTER INTO FORCE ON 31 OCTOBER 1973 .  DONE AT BRUSSELS , 31 OCTOBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


title: Decision (EU) 2016/1569 of the European Parliament of 28 April 2016 on the closure of the accounts of Eurojust for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/360

         DECISION (EU) 2016/1569 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of Eurojust for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of Eurojust for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2014, together with Eurojust’s reply (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 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to Eurojust in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0070/2016),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

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

               —

               having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (4), and in particular Article 36 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0099/2016),

               1.

               Notes that the final annual accounts of Eurojust are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of Eurojust for the financial year 2014;

               3.

               Instructs its President to forward this decision to the Administrative Director of Eurojust, 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 409, 9.12.2015, p. 315.

      (2)  See footnote 1.

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

      (4)  OJ L 63, 6.3.2002, p. 1.

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

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


title: Council Decision (EU) 2017/1388 of 17 July 2017 on the conclusion of the Framework Agreement between the European Union and 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. ) on the general principles for the participation of Kosovo in Union programmes

text:
                  27.7.2017

                  EN

                  Official Journal of the European Union

                  L 195/1

            COUNCIL DECISION (EU) 2017/1388
      of 17 July 2017
      on the conclusion of the Framework Agreement between the European Union and Kosovo (*1) on the general principles for the participation of Kosovo in Union programmes
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212, in conjunction with point (a) of the second subparagraph of Article 218(6) and Article 218(7) thereof,
      Having regard to the proposal from the European Commission,
      Having regard to the consent of the European Parliament (1),
      Whereas:

                  (1)

                  In accordance with Council Decision (EU) 2016/2053 (2), the Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes (‘the Agreement’) was signed on 25 November 2016, subject to its conclusion at a later date.

                  (2)

                  On 14 December 2010 the Council stated that it looked forward to receiving a Commission proposal that would allow for Kosovo's participation in Union programmes. Such participation is to be made possible by the conclusion of the Agreement.

                  (3)

                  The aim of the Agreement is that the Union carry out economic, financial and technical cooperation measures with Kosovo pursuant to Article 212 of the Treaty on the Functioning of the European Union.

                  (4)

                  The conclusion of the Agreement does not prejudge the position of Member States on the status of Kosovo, which will be decided in accordance with their national practice and international law. None of the terms, wording or definitions used in this Decision, the Agreement, including its Annex, or in the Union programmes constitute recognition of Kosovo by the Union as an independent State, nor does it constitute recognition by individual Member States of Kosovo in that capacity where they have not taken such a step.

                  (5)

                  The Agreement should be approved,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes is hereby approved on behalf of the Union.
      The text of the Agreement is attached to this Decision.
      Article 2
      The President of the Council shall, on behalf of the Union, give the notification provided for in Article 10 of the Agreement (3).
      Article 3
      The Commission is authorised to determine, on behalf of the Union, the specific terms and conditions applicable to the participation of Kosovo in each particular Union programme, including the financial contribution to be paid, in accordance with Article 5 of the Agreement. The Commission shall keep the relevant working party of the Council informed.
      Article 4
      This Decision shall enter into force on the day following that of its adoption.

         Done at Brussels, 17 July 2017.

               For the Council

               The President

            F. MOGHERINI

         (*1)  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)  Consent of 4 July 2017 (not yet published in the Official Journal).

         (2)  Council Decision (EU) 2016/2053 of 14 November 2016 on the signing, on behalf of the Union, of the Framework Agreement between the European Union and Kosovo* on the general principles for the participation of Kosovo in Union programmes (OJ L 319, 25.11.2016, p. 1).

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