title: Council Decision 2005/428/CFSP of 6 June 2005 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/221/CFSP

text:
               8.6.2005

               EN

               Official Journal of the European Union

               L 144/59

      COUNCIL DECISION 2005/428/CFSP
   of 6 June 2005
   implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2005/221/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,
   Whereas:

               (1)

               On 14 March 2005, the Council adopted Decision 2005/221/CFSP implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2004/306/EC (2).

               (2)

               Following the Decision of 2 May 2005 of the United Nations Security Council Sanctions Committee established pursuant to Resolution 1267 (1999), it has been decided to adopt an up-to-date list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be the following:

               1.

               PERSONS

                           1.

                           ABOU, Rabah Naami (a.k.a. Naami Hamza; a.k.a. Mihoubi Faycal; a.k.a. Fellah Ahmed; a.k.a. Dafri Rèmi Lahdi), born 1.2.1966 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           2.

                           ABOUD, Maisi (a.k.a. The Swiss Abderrahmane), born 17.10.1964 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           3.

                           AL-MUGHASSIL, Ahmad Ibrahim (a.k.a. ABU OMRAN; a.k.a. AL-MUGHASSIL, Ahmed Ibrahim), born 26.6.1967 in Qatif-Bab al Shamal, Saudi Arabia; citizen of Saudi Arabia

                           4.

                           AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa, Saudi Arabia; citizen of Saudi Arabia

                           5.

                           AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut, Saudi Arabia; citizen of Saudi Arabia

                           6.

                           ARIOUA, Azzedine, born 20.11.1960 in Costantine (Algeria) (Member of al-Takfir and al-Hijra)

                           7.

                           ARIOUA, Kamel (a.k.a. Lamine Kamel), born 18.8.1969 in Costantine (Algeria) (Member of al-Takfir and al-Hijra)

                           8.

                           ASLI, Mohamed (a.k.a. Dahmane Mohamed), born 13.5.1975 in Ain Taya (Algeria) (Member of al-Takfir and al-Hijra)

                           9.

                           ASLI, Rabah, born 13.5.1975 in Ain Taya (Algeria) (Member of al-Takfir and al-Hijra)

                           10.

                           ATWA, Ali (a.k.a. BOUSLIM, Ammar Mansour; a.k.a. SALIM, Hassan Rostom), Lebanon, born 1960 in Lebanon; citizen of Lebanon

                           11.

                           DARIB, Noureddine (a.k.a. Carreto; a.k.a. Zitoun Mourad), born 1.2.1972 in Algeria (Member of al-Takfir and al-Hijra)

                           12.

                           DJABALI, Abderrahmane (a.k.a. Touil), born 1.6.1970 in Algeria (Member of al-Takfir and al-Hijra)

                           13.

                           EL-HOORIE, Ali Saed Bin Ali (a.k.a. AL-HOURI, Ali Saed Bin Ali; a.k.a EL-HOURI, Ali Saed Bin Ali), born 10.7.1965 alt. 11.7.1965 in El Dibabiya, Saudi Arabia; citizen of Saudi Arabia

                           14.

                           FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           15.

                           IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed; a.k.a. SA-ID; a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon

                           16.

                           LASSASSI, Saber (a.k.a. Mimiche), born 30.11.1970 in Constantine (Algeria) (Member of al-Takfir and al-Hijra)

                           17.

                           MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem; a.k.a. BIN KHALID, Fahd Bin Adballah; a.k.a. HENIN, Ashraf Refaat Nabith; a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 alt. 1.3.1964 in Pakistan, passport No 488555

                           18.

                           MOKTARI, Fateh (a.k.a. Ferdi Omar), born 26.12.1974 in Hussein Dey (Algeria) (Member of al-Takfir and al-Hijra)

                           19.

                           MUGHNIYAH, Imad Fa’iz (a.k.a. MUGHNIYAH, Imad Fayiz), Senior Intelligence Officer of HIZBALLAH, born 7.12.1962 in Tayr Dibba, Lebanon, passport No 432298 (Lebanon)

                           20.

                           NOUARA, Farid, born 25.11.1973 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           21.

                           RESSOUS, Hoari (a.k.a. Hallasa Farid), born 11.9.1968 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           22.

                           SEDKAOUI, Noureddine (a.k.a. Nounou), born 23.6.1963 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           23.

                           SELMANI, Abdelghani (a.k.a. Gano), born 14.6.1974 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)

                           24.

                           SENOUCI, Sofiane, born 15.4.1971 in Hussein Dey (Algeria) (Member of al-Takfir and al-Hijra)

                           25.

                           SISON, José María (a.k.a. Armando Liwanag, a.k.a. Joma, in charge of NPA), born 8.2.1939 in Cabugao, Philippines

                           26.

                           TINGUALI, Mohammed (a.k.a. Mouh di Kouba), born 21.4.1964 in Blida (Algeria) (Member of al-Takfir and al-Hijra)

               2.

               GROUPS AND ENTITIES

                           1.

                           Abu Nidal Organisation (ANO), (a.k.a. Fatah Revolutionary Council, Arab Revolutionary Brigades, Black September, and Revolutionary Organisation of Socialist Muslims)

                           2.

                           Al-Aqsa Martyrs’ Brigade

                           3.

                           Al-Aqsa e.V.

                           4.

                           Al-Takfir and Al-Hijra

                           5.

                           Aum Shinrikyo (a.k.a. AUM, a.k.a. Aum Supreme Truth, a.k.a. Aleph)

                           6.

                           Babbar Khalsa

                           7.

                           Gama’a al-Islamiyya (Islamic Group), (a.k.a. Al-Gama’a al-Islamiyya, IG)

                           8.

                           Great Islamic Eastern Warriors’ Front (IBDA-C)

                           9.

                           Hamas (including Hamas-Izz al-Din al-Qassem)

                           10.

                           Holy Land Foundation for Relief and Development

                           11.

                           International Sikh Youth Federation (ISYF)

                           12.

                           Kahane Chai (Kach)

                           13.

                           Kurdistan Workers’ Party (PKK), (a.k.a. KADEK; a.k.a. KONGRA-GEL)

                           14.

                           Mujahedin-e Khalq Organisation (MEK or MKO) (minus the ‘National Council of Resistance of Iran’ (NCRI)) (a.k.a. The National Liberation Army of Iran (NLA, the militant wing of the MEK), the People’s Mujahidin of Iran (PMOI), Muslim Iranian Students’ Society)

                           15.

                           National Liberation Army (Ejército de Liberación Nacional)

                           16.

                           New Peoples Army (NPA), Philippines, linked to Sison José María C. (a.k.a. Armando Liwanag, a.k.a. Joma, in charge of NPA)

                           17.

                           Palestine Liberation Front (PLF)

                           18.

                           Palestinian Islamic Jihad (PIJ)

                           19.

                           Popular Front for the Liberation of Palestine (PFLP)

                           20.

                           Popular Front for the Liberation of Palestine — General Command (a.k.a PFLP — General Command)

                           21.

                           Revolutionary Armed Forces of Colombia (FARC)

                           22.

                           Revolutionary People’s Liberation Army/Front/Party (DHKP/C) (a.k.a. Devrimci Sol (Revolutionary Left), Dev Sol)

                           23.

                           Shining Path (SL) (Sendero Luminoso)

                           24.

                           Stichting Al Aqsa (a.k.a. Stichting Al Aqsa Nederland, a.k.a. Al Aqsa Nederland)

                           25.

                           United Self-Defense Forces/Group of Colombia (AUC) (Autodefensas Unidas de Colombia).

         Article 2
   Decision 2005/221/CFSP is hereby repealed.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the day of its publication.

      Done at Luxembourg, 6 June 2005.

            For the Council

            The President

         J. KRECKÉ

      (1)  OJ L 344, 28.12.2001, p. 70. Regulation as last amended by Commission Regulation (EC) No 745/2003 (OJ L 106, 29.4.2003, p. 22).

      (2)  OJ L 69, 16.3.2005, p. 64.


title: 2010/295/CFSP: Political and Security Committee Decision EU BAM Rafah/1/2010 of 21 May 2010 extending the mandate of the Head of Mission of the European Union Border Assistance Mission at the Rafah Crossing Point

text:
               22.5.2010

               EN

               Official Journal of the European Union

               L 126/25

         POLITICAL AND SECURITY COMMITTEE DECISION EU BAM Rafah/1/2010
   of 21 May 2010
   extending the mandate of the Head of Mission of the European Union Border Assistance Mission at the Rafah Crossing Point
   (2010/295/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Joint Action 2005/889/CFSP of 12 December 2005 on establishing a European Union Border Assistance Mission at the Rafah Crossing Point (EU BAM Rafah) (1), and in particular Article 10(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 10(2) of Joint Action 2005/889/CFSP, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the EU BAM Rafah mission, including the decision to appoint a Head of Mission.

               (2)

               On 11 November 2008, upon a proposal by the Secretary General/High Representative, the PSC appointed by Decision EUBAM Rafah/1/2008 (2) Mr Alain FAUGERAS as Head of Mission of EU BAM Rafah.

               (3)

               On 20 May 2010, the High Representative of the Union for Foreign Affairs and Security Policy proposed to the PSC that it extend the mandate of Mr Alain FAUGERAS as Head of Mission of EU BAM Rafah until 24 May 2011,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Alain FAUGERAS as Head of Mission of the European Union Border Assistance Mission at the Rafah Crossing Point is hereby extended from 25 November 2009 until 24 May 2011.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 May 2010.

            For the Political and Security Committee

            The President

         C. FERNÁNDEZ-ARIAS

      (1)  OJ L 327, 14.12.2005, p. 28.

      (2)  OJ L 306, 15.11.2008, p. 99.


title: 2007/602/EC: Commission Decision of 5 September 2007 setting up the stakeholder dialogue group in the areas of public health and consumer protection

text:
               6.9.2007

               EN

               Official Journal of the European Union

               L 234/13

      COMMISSION DECISION

   of 5 September 2007
   setting up the stakeholder dialogue group in the areas of public health and consumer protection
   (2007/602/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               Article 153 of the Treaty assigns the Community the task of ensuring a high level of consumer protection, as well as promoting their right to information and to organise themselves in order to safeguard their interests. In addition, consumer protection requirements are to be taken into account in defining and implementing other Community policies and activities.

               (2)

               In accordance with Protocol (No 30) on the application of the principles of subsidiarity and proportionality (1997) (1), the Commission should consult widely before proposing legislation.

               (3)

               The Commission undertook, in its White Paper on European Governance (2), to help reinforcing the culture of consultation and dialogue in the Community.

               (4)

               The Communication from the Commission entitled: Follow-up to the Green Paper ‘European Transparency Initiative’ (3) announced the intention to raise further the general level of quality of Commission's consultations.

               (5)

               With a view to advising the Commission on improving the stakeholder consultation process in the areas of public health and consumer protection, the Commission may need to call upon the expertise of specialists in an advisory body.

               (6)

               It is therefore necessary to set up a stakeholder dialogue group in the areas of public health and consumer protection and to define its tasks and its structure.

               (7)

               The stakeholder dialogue group should advise the Commission on best practice in the consultation process and also help it to better tailor its stakeholder involvement processes to stakeholders' needs in the areas of public health and consumer protection.

               (8)

               The stakeholder dialogue group should be composed of a balanced representation of stakeholders, from both industry (federations and individual companies) and non-governmental organisations, concerned by the different policy areas covered by the Directorate-General for Health and Consumer Protection.

               (9)

               Members of the stakeholder dialogue group should be appointed in such a way as to secure the highest standards of competence, a broad range of relevant expertise and, consistent with these criteria, the broadest possible geographic distribution within the Community, as well as a gender balance.

               (10)

               Rules on the disclosure of information by members of the stakeholder dialogue group should be provided for in this Decision. Such rules should be without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure (4).

               (11)

               Personal data relating to members of the stakeholder dialogue group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The stakeholder dialogue group
   The stakeholder dialogue group, hereinafter referred to as ‘the group’, is hereby established with effect from 10 October 2007.
   Article 2
   Task
   1.   The Commission may consult the group on any matter relating to the general improvement of the stakeholder consultation process in the areas of public health and consumer protection.
   2.   The group's task is to:

               (a)

               consider the issue of stakeholder representativeness;

               (b)

               discuss the issue of stakeholder asymmetries and advise the Commission on possible methods for consultation which respect and adapt to the context of the stakeholders;

               (c)

               examine criteria for consultations, which need a more flexible and longer timeframe (more than eight weeks);

               (d)

               consider the role of national platforms in building the capacity of non-governmental organisations from the Member States which acceded to the Community in 2004 and 2007 and look into the role of Member States in going local.

         3.   The chairperson of the group may advise the Commission that it is desirable to consult the group on a specific question.
   Article 3
   Membership – Appointment
   1.   The members of the group, ‘members’, shall be appointed by the Commission from specialists with competence in the areas referred to in Article 2(2) and who have responded to the call for an expression of interest.
   2.   The group shall be composed of a maximum of 20 members.
   3.   The members shall be appointed in a personal capacity and shall advise the Commission independently of any outside influence.
   4.   Members shall be appointed for a four-year non-renewable term of office. However, with regards to the first appointment of members only, half of the members shall be appointed for a two-year non-renewable term of office. Members shall remain in office until such time as they are replaced or their term of office ends.
   5.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not respect the conditions set out in paragraph 3 of this Article, or Article 287 of the Treaty may be replaced for the remainder of their term of office.
   6.   Members appointed in a personal capacity shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity.
   7.   The names of members appointed in a personal capacity shall be published on the Internet site of the Health and Consumer Protection Directorate-General. The names of members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 4
   Operation
   1.   The group shall be chaired by the Commission.
   2.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group. Such groups shall be dissolved as soon as their mandates are fulfilled.
   3.   The chairperson may ask experts or observers with specific competence on a subject on the agenda to participate in the group’s or sub-group’s deliberations if this is useful and/or necessary.
   4.   Information obtained by participating in the deliberations of a group or sub-group shall not be divulged if the Commission states that such information relates to confidential matters, without prejudice to the Annex to Decision 2001/844/EC, ECSC, Euratom.
   5.   The group and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.
   6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure of the group of experts adopted by the Commission (6).
   7.   The Commission shall publish on the Internet site of the Health and Consumer Protection Directorate-General, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the group.
   Article 5
   Meeting expenses
   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the Commission’s rules on the compensation of external experts.
   The members, experts and observers shall not be remunerated for the services they render.
   Meeting expenses shall be reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.

      Done at Brussels, 5 September 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ C 321E, 29.12.2006, p. 308.

      (2)  COM(2001) 428 final.

      (3)  COM(2007) 127 final.

      (4)  OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision 2006/548/EC (OJ L 215, 5.8.2006, p. 38).

      (5)  OJ L 8, 12.1.2001, p. 1.

      (6)  Annex III to SEC(2005) 1004.


Avis juridique important

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31977D0803

77/803/EEC: Council Decision of 20 December 1977 on action by the European Social Fund for migrant workers

Official Journal L 337 , 27/12/1977 P. 0012 - 0013

++++COUNCIL DECISION  OF 20 DECEMBER 1977  ON ACTION BY THE EUROPEAN SOCIAL FUND FOR MIGRANT WORKERS   ( 77/803/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DECISION 71/66/EEC OF 1 FEBRUARY 1971 ON THE REFORM OF THE EUROPEAN SOCIAL FUND ( 1 ) , AS AMENDED BY DECISION 77/801/EEC ( 2 ) , AND IN PARTICULAR ARTICLE 4 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 4 ) ,  WHEREAS THE PERIOD REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 4 OF COUNCIL DECISION 74/327/EEC OF 27 JUNE 1974 ON ACTION BY THE EUROPEAN SOCIAL FUND FOR MIGRANT WORKERS ( 5 ) EXPIRED ON 14 JULY 1977 ;  WHEREAS ARTICLE 1 OF COUNCIL DECISION 77/476/EEC OF 25 JULY 1977 ON ACTION BY THE EUROPEAN SOCIAL FUND FOR MIGRANT WORKERS AND HANDICAPPED PERSONS ( 6 ) PROVIDES THAT ARTICLES 1 , 2 AND 3 OF DECISION 74/327/EEC SHALL CONTINUE TO APPLY TO OPERATIONS OF WHICH THE DRAFT HAS RECEIVED THE APPROVAL OF THE COMMISSION BEFORE 31 DECEMBER 1977 ;  WHEREAS THE IMBALANCES IN EMPLOYMENT WITHIN THE COMMUNITY CALL FOR SPECIFIC JOINT ACTION IN FAVOUR OF MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES ;  WHEREAS ON 9 FEBRUARY 1976 THE COUNCIL ADOPTED THE RESOLUTION ON AN ACTION PROGRAMME FOR MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES ( 7 ) ;  WHEREAS THE PROCEDURES OF THE FUND ARE DEFINED IN COUNCIL REGULATION ( EEC ) NO 2396/71 OF 8 NOVEMBER 1971 IMPLEMENTING THE COUNCIL DECISION OF 1 FEBRUARY 1971 ON THE REFORM OF THE EUROPEAN SOCIAL FUND ( 8 ) , AS AMENDED BY REGULATION ( EEC ) NO 2893/77 ( 9 ) ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  INTEGRATED PROGRAMMES  1 . OPERATIONS FORMING PART OF AN INTEGRATED PROGRAMME DESIGNED TO FACILITATE THE EMPLOYMENT AND THE GEOGRAPHICAL AND OCCUPATIONAL MOBILITY OF PERSONS , OTHER THAN FRONTIER WORKERS , MOVING OR HAVING MOVED FROM ONE COMMUNITY COUNTRY TO ANOTHER IN ORDER TO TAKE UP WORK THEREIN , SHALL BE ELIGIBLE TO RECEIVE ASSISTANCE FROM THE FUND UNDER ARTICLE 4 OF DECISION 71/66/EEC .  AN INTEGRATED PROGRAMME SHALL BE TAKEN TO MEAN ALL THE MEASURES NECESSARY TO ENSURE THE EFFECTIVENESS AND CONTINUITY OF ACTION THROUGHOUT SUCCESSIVE PHASES OF MIGRATION , WHICH MAY RUN FROM PREPARATION FOR EMIGRATION TO RETURN TO THE COUNTRY OF ORIGIN .  INTEGRATED PROGRAMMES MUST BE CONSISTENT WITH THE OBJECTIVES OF INDUSTRIAL AND REGIONAL DEVELOPMENT POLICY LAID DOWN IN THE JOINT ACTIONS DECIDED UPON BY THE COMMUNITY .  2 . THE AIDS ELIGIBLE FOR ASSISTANCE FROM THE FUND , PURSUANT TO PARAGRAPH 1 , SHALL BE THOSE LAID DOWN IN ARTICLE 3 ( 1 ) OF REGULATION ( EEC ) NO 2396/71 .  ARTICLE 2  INTEGRATION MEASURES  1 . OPERATIONS WHICH , ALTHOUGH NOT PART OF AN INTEGRATED PROGRAMME , ARE INTENDED TO FACILITATE THE RECEPTION AND INTEGRATION INTO THEIR SOCIAL AND WORKING ENVIRONMENT OF PERSONS , OTHER THAN FRONTIER WORKERS , WHO HAVE LEFT THEIR COUNTRY OF ORIGIN TO TAKE UP WORK IN A COMMUNITY COUNTRY , AND OF MEMBERS OF THEIR FAMILIES , SHALL ALSO BE ELIGIBLE TO RECEIVE ASSISTANCE FROM THE FUND UNDER ARTICLE 4 OF DECISION 71/66/EEC .  2 . THE AIDS ELIGIBLE FOR ASSISTANCE FROM THE FUND , PURSUANT TO PARAGRAPH 1 , SHALL BE THOSE LAID DOWN IN ARTICLE 3 ( 1 ) ( C ) OF REGULATION ( EEC ) NO 2396/71 .  ARTICLE 3  WELFARE WORKERS AND TEACHERS  1 . OPERATIONS TO FACILITATE THE BASIC AND ADVANCED TRAINING OF WELFARE WORKERS AS WELL AS OF TEACHERS RESPONSIBLE FOR INTEGRATION COURSES FOR MIGRANT WORKERS OR THEIR CHILDREN SHALL ALSO BE ELIGIBLE TO RECEIVE ASSISTANCE FROM THE FUND UNDER ARTICLE 4 OF DECISION 71/66/EEC .  2 . THE AIDS ELIGIBLE FOR ASSISTANCE FROM THE FUND PURSUANT TO PARAGRAPH 1 , SHALL BE THOSE LAID DOWN IN ARTICLE 3 ( 1 ) ( A ) , ( B ) AND ( C ) OF REGULATION  ( EEC ) NO 2396/71 .  ARTICLE 4  THIS DECISION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES AND SHALL ENTER INTO FORCE ON 1 JANUARY 1978 .  IT SHALL APPLY TO OPERATIONS COVERED BY APPLICATIONS FOR ASSISTANCE WHICH HAVE RECEIVED THE APPROVAL OF THE COMMISSION BEFORE 1 JANUARY 1981 .  DONE AT BRUSSELS , 20 DECEMBER 1977 .  FOR THE COUNCIL  THE PRESIDENT  H . SIMONET  ( 1 ) OJ NO L 28 , 4 . 2 . 1971 , P . 15 .  ( 2 ) SEE PAGE 8 OF THIS OFFICIAL JOURNAL .  ( 3 ) OJ NO C 133 , 6 . 6 . 1977 , P . 39 .  ( 4 ) OJ NO C 126 , 28 . 5 . 1977 , P . 2 .  ( 5 ) OJ NO L 185 , 9 . 7 . 1974 , P . 20 .  ( 6 ) OJ NO L 196 , 3 . 8 . 1977 , P . 14 .  ( 7 ) OJ NO C 34 , 14 . 2 . 1976 , P . 2 .  ( 8 ) OJ NO L 249 , 10 . 11 . 1971 , P . 54 .  ( 9 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .


DECISION NO. 41 OF 13 NOVEMBER 1962 CONCERNING THE REVISING OF RIGHTS TO OLD-AGE INSURANCE BENEFITS IN APPLICATION OF ARTICLE 28 ( 1 ), ( G ), OF REGULATION NO. 3


title: 2011/706/CFSP: Council Decision 2011/706/CFSP of 27 October 2011 amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea

text:
               28.10.2011

               EN

               Official Journal of the European Union

               L 281/28

         COUNCIL DECISION 2011/706/CFSP
   of 27 October 2011
   amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 25 October 2010, the Council adopted Decision 2010/638/CFSP (1), renewing the restrictive measures against the Republic of Guinea until 27 October 2011 and repealing Common Position 2009/788/CFSP (2).

               (2)

               On 21 March 2011, the Council adopted Decision 2011/169/CFSP (3), amending Decision 2010/638/CFSP in the light of the political situation and of the Report of the International Commission of Inquiry mandated to establish the facts and circumstances of the events of 28 September 2009 in Guinea.

               (3)

               On the basis of a review of Decision 2010/638/CFSP, those restrictive measures should be extended until 27 October 2012.

               (4)

               Furthermore, it is necessary to amend the measures provided for in Decision 2010/638/CFSP regarding military equipment and equipment which might be used for internal repression.

               (5)

               Decision 2010/638/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/638/CFSP is hereby amended as follows:

               (1)

               Article 2(1) is replaced by the following:
               ‘1.   Article 1 shall not apply to the:

                           (a)

                           sale, supply, transfer or export of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution building programmes of the United Nations (UN) and of the Union, or for Union and UN crisis management operations;

                           (b)

                           sale, supply, transfer or export of non-lethal military equipment or of non-lethal equipment which might be used for internal repression, intended solely to enable the police and gendarmerie of the Republic of Guinea to use only appropriate and proportionate force while maintaining public order;

                           (c)

                           sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for the protective use of the personnel of the Union and its Member States in the Republic of Guinea;

                           (d)

                           provision of technical assistance, brokering services and other services related to the items referred to in (a) to (c) or to the programmes and operations referred to in (a);

                           (e)

                           provision of financing and financial assistance related to the items referred to in (a) to (c) or to the programmes and operations referred to in (a);

                     on condition that such exports and assistance have been approved in advance by the relevant competent authority.’;

               (2)

               Article 8(2) is replaced by the following:
               ‘2.   This Decision shall apply until 27 October 2012. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.

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

      Done at Luxembourg, 27 October 2011.

            For the Council

            The President

         J. MILLER

      (1)  OJ L 280, 26.10.2010, p. 10.

      (2)  OJ L 281, 28.10.2009, p. 7.

      (3)  OJ L 76, 22.3.2011, p. 59.


title: 2006/359/EC,Euratom: Council Decision of  15 May 2006  appointing a German member of the European Economic and Social Committee

text:
               20.5.2006

               EN

               Official Journal of the European Union

               L 134/33

      COUNCIL DECISION

   of 15 May 2006
   appointing a German member of the European Economic and Social Committee
   (2006/359/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),
   Having regard to the nomination submitted by the German Government,
   Having obtained the opinion of the European Commission,
   Whereas a German member’s seat on the above Committee has fallen vacant following the resignation of Mr Bernhard WELSCHKE,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Dr Ludolf von WARTENBERG is hereby appointed a member of the European Economic and Social Committee in place of Mr Bernhard WELSCHKE for the remainder of his term of office, namely until 20 September 2006.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 15 May 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  OJ L 253, 21.9.2002, p. 9.


title: Council Decision 2005/890/CFSP of  12 December 2005  implementing Common Position 2004/179/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

text:
               14.12.2005

               EN

               Official Journal of the European Union

               L 327/33

      COUNCIL DECISION 2005/890/CFSP
   of 12 December 2005
   implementing Common Position 2004/179/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Common Position 2004/179/CFSP (1), and in particular Article 2(1) thereof, in conjunction with Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               On 23 February 2004, the Council adopted Common Position 2004/179/CFSP.

               (2)

               On 26 August 2004, the Council adopted Common Position 2004/622/CFSP in order to extend the scope of the restrictive measures imposed by Common Position 2004/179/CFSP to persons responsible for the design and implementation of the intimidation and closure campaign against Latin-script Moldovan schools in the Transnistrian region.

               (3)

               On 21 February 2005, the Council adopted Common Position 2005/147/CFSP (2) extending and amending Common Position 2004/179/CFSP.

               (4)

               Annex II to Common Position 2004/179/CFSP should be amended in recognition of the improvements in the situation of Latin-script schools in some areas of the Transnistrian region,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Annex II to Common Position 2004/179/CFSP shall be replaced by the Annex to this Decision.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 12 December 2005.

            For the Council

            The President

         J. STRAW

      (1)  OJ L 55, 24.2.2004, p. 68. Common Position as amended by Common Position 2004/622/CFSP (OJ L 279, 28.8.2004, p. 47).

      (2)  OJ L 49, 22.2.2005, p. 31.

      ANNEX

            ‘ANNEX II
            LIST OF PERSONS REFERRED TO IN THE SECOND INDENT OF ARTICLE 1(1)

                        1.

                        PLATONOV, Yuri Mikhailovich,
                        known as Yury Platonov,
                        Head of City Administration of Rybnitsa,
                        born on 16 January 1948,
                        Russian passport No 51 NO. 0527002,
                        issued by the Russian Embassy in Chisinau on 4 May 2001.

                        2.

                        CHERBULENKO, Alla Viktorovna,
                        Deputy Head of City Administration of Rybnitsa, responsible for education issues.’


title: Council Decision adopting the Council position on draft amending budget No 1 of the European Union for the financial year 2012

text:
               20.4.2012

               EN

               Official Journal of the European Union

               C 116/1

         COUNCIL DECISION
   adopting the Council position on draft amending budget No 1 of the European Union for the financial year 2012
   2012/C 116/01
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic and Energy Community, and in particular Article 106a thereof,
   Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), as last amended by Regulation (EU, Euratom) No 1081/2010 of the European Parliament and of the Council of 24 November 2010 (2), and in particular Article 37 thereof,
   Whereas:

               —

               the Union's budget for the financial year 2012 was definitively adopted on 1 December 2011 (3),

               —

               on 27 January 2012, the Commission submitted a proposal containing draft amending budget No 1 to the general budget for the financial year 2012,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council's position on draft amending budget No 1 of the European Union for the financial year 2012 was adopted on 26 March 2012.
   The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

      Done at Brussels, 26 March 2012.

            For the Council

            The President

         N. WAMMEN

      (1)  OJ L 248, 16.9.2002, p. 1, with corrigenda in OJ L 25, 30.1.2003, p. 43 and in OJ L 99, 14.4.2007, p. 18.

      (2)  OJ L 311, 26.11.2010, p. 9.

      (3)  OJ L 56, 29.2.2012, p. 1.


title: 2009/231/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of Eurojust for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/234

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the budget of Eurojust for the financial year 2006
   (2009/231/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of Eurojust for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of Eurojust for the financial year 2006, together with Eurojust's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0129/2008),

               1.

               Grants the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust's budget for the financial year 2006;

               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 Administrative Director of Eurojust, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 57.

      (2)  OJ C 309, 19.12.2007, p. 111.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 63, 6.3.2002, p. 1.

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/235

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the budget for Eurojust for the financial year 2006
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of Eurojust for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of Eurojust for the financial year 2006, together with Eurojust's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0129/2008),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurance that the annual accounts for the financial year 2006 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 24 April 2007 Parliament granted the Administrative Director of Eurojust discharge in respect of the implementation of the Agency's budget for the financial year 2005 (6), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           invited Eurojust to improve the forecasting of its operating expenditure,

                           —

                           noted that in 2005 Eurojust still did not have its own internal financial regulation (although according to Eurojust's replies a text was agreed with the Commission and adopted by the College on 20 April 2006),

                           —

                           invited Eurojust to inform Parliament about the adoption by its Board of any internal control standards,

                           —

                           asked Eurojust to present Parliament with a short description of any improvements in checklists concerning procurement and recruitment procedures in time for the 2006 discharge procedure;

         General points which relate to horizontal issues affecting the EU agencies and which therefore also have a bearing on the discharge procedure for each individual agency

               1.

               Notes that the budgets of the 24 agencies and other satellite bodies audited by the Court of Auditors totalled EUR 1 080,5 million in 2006 (the biggest being that of the European Agency for Reconstruction at EUR 271 million and the smallest being that of the European Police College (CEPOL) at EUR 5 million);

               2.

               Points out that the range of external EU bodies subject to audit and discharge now includes not only traditional regulatory agencies but also executive agencies set up to implement specific programmes, and will in the near future also extend to joint undertakings set up as public-private partnerships (joint technology initiatives);

               3.

               Observes as regards the Parliament that the number of agencies subject to the discharge procedure has evolved as follows: financial year 2000: 8; 2001: 10; 2002: 11; 2003: 14; 2004: 14; 2005: 16; 2006: 20 regulatory agencies and two executive agencies (not including two agencies which are audited by the Court of Auditors but subject to an internal discharge process);

               4.

               Concludes therefore that the auditing/discharge process has become cumbersome and disproportionate compared to the relative size of the agencies'/satellite bodies' budgets; instructs its competent committee to undertake a wide-ranging review of the discharge process as regards agencies and satellite bodies with a view to devising a simpler and more rational approach, bearing in mind the ever-growing number of bodies each requiring a separate discharge report in future years;

         Fundamental considerations

               5.

               Requests that the Commission provide clear explanations regarding the following elements before the creation of a new agency or reform of an existing agency: agency type, objectives of the agency, internal governance structure, products, services, key procedures, target group, clients and stakeholders of the agency, formal relationship with external actors, budget responsibility, financial planning, and personnel and staffing policy;

               6.

               Requests that each agency be governed by a yearly performance agreement which is formulated by the agency and the responsible DG and which should contain the main objectives for the coming year, a financial framework and clear indicators to measure performance;

               7.

               Requests that the performance of the agencies be regularly (and on an ad-hoc basis) audited by the Court of Auditors or another independent auditor; considers that this should not be limited to traditional elements of financial management and the proper use of public money, but should also cover administrative efficiency and effectiveness and should include a rating of the financial management of each agency;

               8.

               Takes the view that in the case of agencies which are continually overestimating their respective budget needs, technical abatement should be made on the basis of vacant posts; is of the opinion that this will lead in the long run to less assigned revenue for the agencies and therefore also to lower administrative costs;

               9.

               Notes that it is a serious problem that a number of agencies is criticised for not following rules on public procurement, the Financial Regulation, the Staff Regulations, etc.; considers that the principal reason for this is that most regulations and the Financial Regulation are designed for bigger institutions and that most of the small agencies do not have the critical mass to be able to cope with these regulatory requirements; therefore asks the Commission to look for a rapid solution in order to enhance the effectiveness by grouping the administrative functions of various agencies together, in order to achieve this critical mass (taking into consideration the necessary changes in the basic regulations governing the agencies and their budgetary independence), or urgently to draft specific rules for the agencies (in particular implementing rules for the agencies) which allow them to be in full compliance;

               10.

               Insists that the Commission, when drafting the Preliminary Draft Budget, take into consideration the results of budget implementation by the individual agencies in former years, in particular in year n-1, and revise the budget requested by the particular agency accordingly; invites its competent committee to respect this revision and, if not undertaken by the Commission, to revise itself the budget in question to a realistic level matching the absorption and implementation capacity of the agency in question;

               11.

               Recalls its decision on discharge in respect of the financial year 2005, in which it invited the Commission to present every five years a study on the added value of every existing agency; invites all relevant institutions in the case of a negative evaluation of the added value of an agency to take the necessary steps by reformulating the mandate of that agency or by closing it; notes that there has not been one single evaluation undertaken by the Commission in 2007; insists that the Commission should present at least five such evaluations before the decision on discharge in respect of the financial year 2007, starting with the oldest agencies;

               12.

               Is of the opinion that recommendations of the Court of Auditors should be promptly implemented and the level of subsidies paid to the agencies should be aligned with their real cash requirements; considers further that the amendments to the general Financial Regulation should be incorporated into the agencies' framework financial regulation and into their various specific financial regulations;

               13.

               Is concerned that a significant number of staff is employed on a temporary basis in a way that could undermine the quality of their work; therefore asks the Commission to improve its monitoring of the implementation of the Staff Regulations by the agencies;

         Presentation of reporting data

               14.

               Notes that there is no standard approach among the agencies with regard to the presentation of their activities during the financial year in question and of their accounts and reports on budgetary and financial management, nor to the question as to whether a declaration of assurance should be drawn up by the agency's director; observes that not all agencies clearly distinguish between (a) presenting the agency's work to the public; and (b) technical reporting on budgetary and financial management;

               15.

               Notes that while the Commission's standing instructions for the preparation of activity reports do not expressly require the agency to draw up a declaration of assurance, many directors have none the less done so for 2006, in one case including an important reservation;

               16.

               Recalls paragraph 25 of its resolution of 12 April 2005 (7), inviting the directors of the agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

               17.

               Asks the Commission to amend its standing instructions to the agencies accordingly;

               18.

               Suggests in addition that the Commission should work with the agencies towards producing a harmonised model applicable to all agencies and satellite bodies clearly distinguishing between:

                           —

                           an annual report intended for a general readership on the body's operations, work and achievements,

                           —

                           financial statements and a report on implementation of the budget,

                           —

                           an activity report along the lines of the activity reports of the Directors-General of the Commission,

                           —

                           a declaration of assurance signed by the body's director, together with any reservations or observations which he considers it appropriate to draw to the attention of the discharge authority;

         General findings by the Court of Auditors

               19.

               Notes the Court's finding (Annual Report, paragraph 10.29 (8)) that the disbursement of subsidies paid by the Commission from the Community budget is not based on sufficiently justified estimates of the agencies' cash requirements and that this, combined with the size of carry-overs, leads them to hold sizeable cash balances; notes further the Court's recommendation that the level of subsidies paid to the agencies should be in line with their real cash requirements;

               20.

               Notes that at the end of 2006 14 agencies had still to implement the ABAC accounting system (Annual Report, footnote to paragraph 10.31);

               21.

               Notes the Court's remark (Annual Report, paragraph 1.25) concerning accrued charges for untaken leave which are accounted for by some agencies; points out that the Court of Auditors has qualified its statement of assurance in the case of three agencies (European Centre for the Development of Vocational Training (Cedefop), CEPOL and the European Railway Agency) for the financial year 2006 (2005: Cedefop, European Food Safety Authority, European Agency for Reconstruction);

         Internal audit

               22.

               Recalls that in accordance with Article 185(3) of the Financial Regulation the Internal Auditor of the Commission is also the internal auditor of the regulatory agencies receiving grants charged to the EU budget; points out that the Internal Auditor reports to each agency's management board and director;

               23.

               Draws attention to the reservation entered in the Internal Auditor's Annual Activity Report for 2006 as follows:
               ‘The Internal Auditor of the Commission is not in a position to properly fulfil his obligation assigned by Article 185 of the Financial Regulation as internal auditor of the Community bodies due to a lack of staff resources.’;

               24.

               Notes, however, the Internal Auditor's remark in his activity report for 2006 that as from 2007, with the additional staff resources granted by the Commission to the Internal Audit Service (IAS), all regulatory agencies in operation will be subject to internal audit work on an annual basis;

               25.

               Notes the ever-growing number of regulatory and executive agencies and joint undertakings required to be audited by the IAS under Article 185 of the Financial Regulation; asks the Commission to inform its competent committee as to whether the staff resources at the IAS's disposal will be sufficient to conduct an annual audit of all such bodies in the coming years;

               26.

               Observes that Article 72(5) of Regulation (EC, Euratom) No 2343/2002 requires each agency to send each year to the discharge authority and the Commission a report drawn up by its director summarising the number and type of internal audits conducted by the internal auditor, the recommendations made and the action taken on these recommendations; asks the agencies to indicate whether this is done and, if so, how;

               27.

               Takes note, as regards internal audit capability, especially in relation to the smaller agencies, of a proposal made by the Internal Auditor before Parliament's competent committee on 14 September 2006 that smaller agencies should be authorised to buy in internal audit services from the private sector;

         Evaluation of agencies

               28.

               Recalls the joint statement by the Parliament, the Council and the Commission (9) negotiated at the conciliation before the Ecofin budget Council of 13 July 2007 calling for (i) a list of agencies which the Commission intends to assess; and (ii) a list of the agencies already assessed, together with a summary of the major findings;

         Disciplinary procedures

               29.

               Notes that, because of their size, individual agencies have difficulty in setting up ad-hoc disciplinary boards composed of staff at the appropriate career grade and that the Commission's IDOC (Investigation and Disciplinary Office) is not competent for agencies; calls on the agencies to consider an inter-agency disciplinary board;

         Draft Interinstitutional Agreement

               30.

               Recalls the draft Interinstitutional Agreement on the operating framework for the European regulatory agencies presented by the Commission (COM(2005) 59), which was intended to create a horizontal framework for the creation, structure, operation, evaluation and control of the European regulatory agencies; notes that the draft represents a useful initiative in the effort to rationalise the creation and running of agencies; notes the statement in the Commission's 2006 synthesis report (paragraph 3.1, COM(2007) 274) that although progress in negotiations stalled after publication of the draft, discussions on substance were relaunched in the Council at the end of 2006; regrets that it has not been possible to make further progress towards adoption;

               31.

               Welcomes therefore the Commission's commitment to bring forward a communication on the future of the regulatory agencies during the course of 2008;

         Self-financed agencies

               32.

               Recalls that for the two self-financing agencies, discharge is given to the director by the administrative board; notes that both have significant accumulated surpluses from fee income carried over from previous years figures, as follows:

                           —

                           Office for Harmonization of the Internal Market cash and cash equivalents: EUR 281 million (10),

                           —

                           Community Plant Variety Office cash and cash equivalents: EUR 18 million (11);

         Specific points

               33.

               Notes the Court's observation in its 2006 report that the carryover rate was 33 % for administrative expenditure and 30 % for operational expenditure, with a high number of transfers of appropriations between budget lines and in many cases insufficiently detailed supporting documentation so that the budgetary principle of specification was not strictly observed;

               34.

               Notes further the Court's findings that the rules on procurement were not strictly observed, and that a fixed assets register which includes all assets and their values was not established and used to monitor Eurojust's property; calls on Eurojust to strictly implement procurement rules, notably as regards framework contracts;

               35.

               Notes from the accounts and the report on budgetary and financial management:

                           —

                           an accumulated surplus of EUR 3,3 million for a balance sheet total of EUR 7,3 million,

                           —

                           a review of the rental fee paid by Eurojust for its premises resulting in a recovery of EUR 952 403 for the period 2003 to 2005,

                           —

                           a contingent liability for an estimated amount of EUR 388 297 in respect of litigation before the Civil Service Tribunal,

                           —

                           a statement that Eurojust has adopted a centralised financial circuit and that ‘Guidelines on financial circuits and segregation of duties at Eurojust’ have been distributed to all actors in the workflow so that they are aware of their responsibilities, together with the introduction of checklists and regular ex-post controls;

               36.

               Is concerned, however, at the indication in the accounts that for transactions of less than EUR 1 000 the authorising officer is the financial verifier, contrary to the principle of the segregation of duties;

               37.

               Expresses concern at certain statements in Eurojust's annual report which have a significant bearing on the fight against fraud:

                           —

                           Eurojust still does not feel that that its capacity to deal with casework is being fully exploited,

                           —

                           there were still many opportunities to develop Eurojust's relationship with OLAF during 2006, including by means of a formal cooperation agreement,

                           —

                           Eurojust's disappointment that it did not appear possible to co-locate Eurojust with Europol in their new proposed premises in The Hague, so that an opportunity was missed both for cost savings and the ability to draw on the synergies that would be available to the Member States by enhancing the effectiveness of both organisations by location at the same site;

               38.

               Notes that the Eurojust financial regulation was agreed with the Commission in March 2006 and adopted by the College on 20 April 2006;

               39.

               Notes that Eurojust expects to fill the post of internal auditor in the first half of 2008.

      (1)  OJ C 261, 31.10.2007, p. 57.

      (2)  OJ C 309, 19.12.2007, p. 111.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 63, 6.3.2002, p. 1.

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

      (6)  OJ L 187, 15.7.2008, p. 135.

      (7)  Resolution of the European Parliament containing the comments accompanying the decision on the discharge to the Administrative Director of Eurojust in respect of the implementation of its budget for the financial year 2003 (OJ L 196, 27.7.2005, p. 108).

      (8)  OJ C 273, 15.11.2007, p. 1.

      (9)  Council document DS 605/1/07 Rev1.

      (10)  Source: report on the annual accounts of the Office for Harmonization in the Internal Market for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 141).

      (11)  Source: report on the annual accounts of the Community Plant Variety Office for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 135).


title: 2007/681/EC,Euratom: Council and Commission Decision of 9 October 2007 concerning the conclusion of the Protocol to the Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on accession of the Republic of Bulgaria and Romania to the PCA

text:
               25.10.2007

               EN

               Official Journal of the European Union

               L 281/23

      COUNCIL AND COMMISSION DECISION

   of 9 October 2007
   concerning the conclusion of the Protocol to the Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on accession of the Republic of Bulgaria and Romania to the PCA
   (2007/681/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 Act of Accession of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   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 (PCA) between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on accession of the Republic of Bulgaria and Romania to the PCA (1), was signed on behalf of the European Community and the Member States on 17 April 2007 in accordance with Council Decision 2007/546/EC (2).

               (2)

               Pending its entry into force, the Protocol has been applied on a provisional basis as from 1 January 2007.

               (3)

               The Protocol should be approved,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on accession of the Republic of Bulgaria and Romania to the PCA is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   Article 2
   The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 3(2) of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Luxembourg, 9 October 2007.

            For the Council

            The President

         F. TEIXEIRA DOS SANTOS

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 202, 3.8.2007, p. 21.

      (2)  OJ L 202, 3.8.2007, p. 19.


Avis juridique important

|

31993D0065

93/65/Euratom, ECSC, EEC: Decision of the European Parliament of 18 November 1992 giving discharge to the Commission in respect of the implementation of the general budget of the European Communities for the 1990 financial year as regards Sections I - Parliament, II - Council, III - Commission, IV - Court of Justice and V - Court of Auditors

Official Journal L 019 , 28/01/1993 P. 0026 - 0033

DECISION OF THE EUROPEAN PARLIAMENT of 18 November 1992 giving discharge to the Commission in respect of the implementation of the general budget of the European Communities for the 1990 financial year as regards Sections I - Parliament, II -  Council, III - Commission, IV - Court of Justice and V - Court of Auditors(93/65/Euratom, ECSC, EEC)THE EUROPEAN PARLIAMENT - Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 78g thereof,  - Having regard to the Treaty establishing the European Economic Community, and in particular Article 206b thereof,  - Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 180b thereof,  - Having regard to the budget for the 1990 financial year,  - Having regard to the revenue and expenditure accounts and the balance sheet of the European Communities for the 1990 financial year (SEC (91) 0508 to 0512 and SEC (91) 0512/Annex),  - Having regard to the report of the Court of Auditors for the 1990 financial year and the replies of the institutions (1),  - Having regard to the Council recommendation of 16 March 1992 (C3-0104/92),  - Having regard to its resolution of 8 April 1992 on postponement of the discharge to be granted to the Commission in respect of the implementation of the general budget of the European Communities for the 1990 financial year (2),  - Having regard to the letter dated 16 October 1992 from Commissioner Schmidhuber to the President of the European Parliament (C3-0421/92),  - Having regard to the report of the Committee on Budgetary Control, and the opinions of the Committee on Energy, Research and Technology, the Committee on External Economic Relations, the Committee on Transport and Tourism, the Committee on the  Environment, Public Health and Consumer Protection, the Committee on Culture, Youth, Education and the Media, the Committee on Development and Cooperation, the Committee on Women's Rights, the Committee on Social Affairs, Employment and the Working  Environment, the Committee on Regional Policy, Regional Planning and Relations with Regional and Local Authorities, and the Committee on Agriculture, Fisheries and Rural Development (A3-0109/92),  1. Notes that the authorized revenue and expenditure for the 1990 financial year amounted to:   /* Tables: see OJ */      3. Notes that the Financial Controller will henceforward, as a rule, withhold approval from commitment proposals not presented in advance, but will grant approval in exceptional cases where he judges, in all independence, that the reasons for a  posteriori presentation were unavoidable; insists that the Financial Controller report all such cases to the discharge authority;  4. Notes the solemn undertakings given by the Commission, especially by its President, to propose measures aimed at restoring the Community's financial autonomy and recalls that two courses of action need to be envisaged to this end:  - re-establishing VAT as a genuine own resource;  - replacing those resources which have the character of a national contribution by Community fiscal resources;  5. Considers that the adjustments proposed by the Commission to Article 6 of the Council Decision (EEC) No 88/377 of 24 June 1988 on Budgetary Discipline (3) are, in their essentials, a restatement of the obligations clearly placed on the Commission by  that Article, namely timely management of markets rather than mere financial engineering; takes it, therefore, that the Commission now shares Parliament's interpretation of Article 6;  6. Notes that the Commission has finalized proposals aimed at intensifying the fight against fraud on the Community budget, and will deal with this subject again in the 1991 discharge procedure;  7. Records its comments in the resolution which forms an integral part of this decision;  8. Instructs its President to forward this decision and the resolution containing its comments to the Commission, the Council, the Court of Justice, the Court of Auditors and the European Investment Bank and to have them published in the Official  Journal of the European Communities (L series).  Done at Strasbourg, 18 November 1992.  The Secretary-General Enrico VINCI  The President Dr Egon KLEPSCH  (1) OJ No C 324, 13. 12. 1991, p. 1.  (2) OJ No C 125, 18. 5. 1992, p. 151.  (3) OJ No L 185, 15. 7. 1988, p. 29.   RESOLUTION containing the comments which form part of the decision giving discharge to the Commission in respect of the implementation of the general budget of the European Communities for the 1990 financial year  THE EUROPEAN PARLIAMENT,   - Having regard to Article 206b of the Treaty estab-lishing the European Economic Community,  - Having regard to Article 89 of the Financial Regulation of 13 March 1990 under which each Community institution is required to take all appropriate steps to take action on the comments appearing in the decisions giving discharge,  - Whereas under the same Article the institutions are also required to report, at Parliament's request, on the measures taken in the light of these comments and, in particular, on the instructions given to those of their departments which are  responsible for the implementation of the budget,  - Having regard to the Council recommendation of 16 March 1992 (C3-0104/92),  - Having regard to the report of the Committee on Budgetary Control and the other documents mentioned in the discharge decision (A3-0109/92),  Institutional issues 1. Welcomes the decision of the Maastricht European Council to confer upon the Court of Auditors the status of institution of the European Community as a reflection of the growing importance attached to public control of Community finances;  2. Calls upon the Court of Auditors to consult Par-liament when drawing up its annual work programmes, in order that the two institutions may fulfil their complementary roles to optimal effect;  3. Insists that, in accordance with Article 87 (1) of the Financial Regulation, the Commission grant the Court of Auditors access to all data created and stored within its computerized accounting system (Sincom) and thereby enable the Court and  Parliament better to assess the quality of financial control within the institution;  4. Calls upon the European Investment Bank, the Court of Auditors and the Commission, in consultation with the European Parliament, to conclude a comprehensive agreement granting the Court of Auditors power to audit all EIB activities involving  expenditure or guarantees under the Community budget, to the extent necessary to enable the Parliament to exercise effectively its role as budgetary and discharge authority;  5. Instructs its Committee on Budgetary Control, in the context of negotiations on the future financing of the Community, to assess the working of Article 11 of the Interinstitutional Agreement concerning the transfer of allocations provided in the  financial per-spective for multiannual programmes which cannot be used in full during a given year;  Financial control and management 6. Stipulates that 'No expenditure shall be committed or paid in excess of the appropriations available under the budgetary heading to which it is charged for the financial year during which the expenditure is effected. The availability of  appropriations shall be assessed in relation to the appropriations for the financial year. If the Financial Controller establishes that appropriations are not available, he is obliged to withhold his approval. The superior authority may not overrule  this withholding of approval.';  7. Notes with concern that the Commission's Financial Controller has, in certain circumstances and on a systematic basis, approved operations which breached the Financial Regulation;  8. Insists that henceforward the Commission respect the division of responsibilities laid down in the Financial Regulation whereby the Financial Controller is obliged to withhold approval from any operation which does not comply with the Financial  Regulation, while the institution's superior authority overrules such refusals where it deems fit;  9. Recommends that, for all institutions, the decision appointing the Financial Controller follow the model adopted by the Court of Justice and by the European Parliament which defines the responsibilities of the Financial Controller and thereby  obviates potential ambiguities as to his or her role;  10. Asks that the independence of the Financial Controller be reflected in future in a procedure whereby he or she is solely responsible for replying to observations by the Court of Auditors which relate specifically to matters of financial control;  11. Reiterates its insistence on the need to respect the provisions of the Financial Regulation relating to the clear separation of the roles of authorizing officer, Financial Controller and accounting officer;  12. Calls on the institutions, in the interests of sound financial management, to ensure adequate mobility of authorizing officers;  13. Insists that it is essential for Community institutions and services dealing with the preparation, implementation and control of the budget to recruit personnel who have the appropriate financial, auditing or accounting qualifications of an  internationally recognized standard as well as relevant subsequent profes-sional experience;  14. Welcomes the fact that the recruitment of a financial controller for the European Schools is underway;  15. Notes the Commission's unsatisfactory system of follow-up to comments made by the supervisory bodies and calls on it urgently to remedy the failings highlighted by the Court of Auditors;  Own resources 16. Recalls the goal of Community financial autonomy laid down in 1970;  17. Notes, on the one hand, that over time the rules re-lating to own resources have rendered increasingly void the notion of Community financial autonomy; and, on the other hand, that the decisions taken in 1988, which were presented as a temporary  solution pending a definitive system to be set up in 1993, reinforced this trend;  18. Calls upon the Commission to manage the systems of traditional, VAT and GNP own resources in such a way as to avoid their de facto renationalization, by insisting that their application conform to the spirit and to the letter of the rules, thereby  ensuring that these resources are calculated and collected in a harmonized and uniform manner;  19. Asks the Commission in particular to act upon the recommendations formulated in this respect by the Court of Auditors in its annual report for 1990;  20. Calls upon the Commission to ensure coordination of Member States' practices with respect to application of Community rules governing systems of exemption from customs duty, in order to prevent the distortion of competition which would otherwise add  to in-equalities in the collection of Community revenue;  21. Also calls upon the Commission, at the level of budgetary management, to apply the rules relating to entry of surpluses in a politically neutral manner;  22. Instructs its Committee on Budgetary Control to undertake a comprehensive assessment of Community financial autonomy on the basis notably of the various reports which the Commission is to submit on the functioning of the own resources system;  23. Calls on the Commission to adopt all appropriate measures to restore the Community's financial autonomy and to report to the European Parliament on this subject at the earliest opportunity;  EAGGF Guarantee Section Budgetary discipline in the farm sector 24. Notes that the obligation of budgetary discipline, laid down as a key component of the 1988 reforms, has still not been fulfilled;  25. Recalls the strict obligation placed on the Commission by Article 6 of the Council Decision on Budgetary Discipline to act to contain expenditure under the Guarantee Section not only at the global level but first and foremost at chapter level, in  other words to engage in timely management of markets rather than mere financial engineering;  26. Stresses, moreover, that the requirement of sound financial management laid down by Article 2 of the Financial Regulation which came into force in March 1990 renders the legality of decisions to increase expenditure in certain markets questionable;   27. Notes in particular the shortcomings of the agricultural early warning system as reflected in the growing discrepancies between forecast and real expenditure under the EAGGF Guarantee Section;  28. Calls upon the Commission to take measures urgently with a view to improving the quality both of its own and of Member States' forecasting in this sphere and, thereby, the functioning of the agricultural early warning system;  29. Insists that the Commission honour strictly its obligations pursuant to Article 6 of the Decision on Budgetary Discipline, which explicitly requires the Commission to use its management powers to remedy the situation where expenditure within an  individual EAGGF Guarantee chapter is exceeding, or risks exceeding, its forecast profile; and stresses that the Article is not conditional upon the view which the Commission then takes of the likelihood of the agricultural guideline being exceeded;  30. Also calls upon the Commission to submit proposals aimed at making the agricultural and financial years coincide;  31. Instructs its Committee on Budgetary Control, in the context of discussions on future financing of the Community, to assess the functioning of the early warning system;  Management of the beef sector 32. Notes that the expenditure overruns in the beef sector in 1990 and 1991 represented respectively 30 and 84 % of initial appropriations;  33. Notes also that the expenditure overruns in the beef sector, which the Commission attributes mainly to conjunctural factors and especially to the BSE epidemic, were foreseeable well before the budgetary procedure for 1991 was completed;  34. Expresses its disappointment, therefore, that the Commission did not take the opportunity to inform the Budgetary Authority during the budgetary pro-cedure of the likely budgetary impact in 1991 of developments in the beef sector;  35. Notes with regret that information supplied to Par-liament on the management of the beef sector from 1990 onward was not always sufficiently complete and clear, particularly as regards the measures taken or proposed by the Commission in application  of budgetary discipline;  36. Asks the Commission to ensure that reports under the early warning system provide information on management of sectors where expenditure is ex-ceeding the forecast profile or risks doing so in a manner which is succinct but at the same time  complete;  37. Notes that the measures taken by the Commission in 1990 to remedy the situation in the beef sector had the effect of increasing expenditure; notes further that the main measure proposed by the Commission in 1991, namely abolition of the safety net  intervention system, might have yielded substantial savings, but that it was modified by Parliament and Council in such a way as to generate only relatively minor savings;  38. Remains as yet unconvinced that the Commission thereafter made adequate use of the powers still at its disposal to remedy the situation, as required by Article 6 of the Council Decision on Budgetary Discipline;  39. Calls upon the Commission henceforward to evaluate ex post the actual budgetary impact and cost-effectiveness of the management measures taken in application of budgetary discipline;  40. Also calls upon the Commission to undertake an analysis in this or any other relevant sector of the cost-effectiveness of its strategies for combating outbreaks of livestock disease;  Structural Funds 41. Stresses that the effectiveness of the substantial increases in financing under the Structural Funds since 1988 and for the future depends on the application of the Community principle of additionality, without which such financing constitutes no  more than a cumbersome and unnecessary way of effecting fiscal transfers;  42. Calls upon the Commission to pursue its current efforts to assess whether additionality is being applied;  43. Insists, moreover, that the Commission insert in the relevant texts a clear, complete, verifiable and binding definition of additionality;  44. Is of the opinion that ex ante and ex post evaluation on the basis of the concrete goals set should be an essential part of the new programme-based approach of the reform of the Structural Funds;  45. Asks the Commission to ensure that national controls on measures financed under the Structural Funds are conducted in accordance with harmonized procedures and that they are backed up by a minimum level of Community sample checks, to be specified in  the regulatory texts;  46. Calls upon the Commission also to conduct without delay an a posteriori evaluation, in respect not only of Community support frameworks but also of individual operational programmes, on the basis of adequate and harmonized national data and of the  macroeconomic indicators already established; this evaluation should also take into account the combined effect of the Structural Funds and of the other instruments, as well as of legislation and priorities relating to the environment, on the production  structure and on employment;  Development aid 47. Insists that the volume of aid for the developing countries, whose usefulness is proven, should not be allowed to stagnate in favour of increased assistance to the countries of central and eastern Europe;  48. Recognizes the positive work accomplished by co-financing non-governmental organizations, which the Court of Auditors itself acknowledges;  49. Calls on the Commission to apply strictly the eligib-ility criteria and the management and accounting standards which condition receipt of Community development funds by these organizations;  50. Recommends that the Commission improve the system of joint financing by establishing a programme of projects within a multiannual framework for those NGOs which demonstrate efficiency in management and effectiveness in project work, at the same time  as ensuring that the system remains open to new entry;  Aid to central and eastern Europe 51. Stresses the rapid growth in the volume of aid to the countries of central and eastern Europe, the highly volatile context in which it is administered and the continuing uncertainty concerning the effectiveness and appropriateness of some of the  aid;  52. Notes that more than half the payment appropriations allocated to the Phare programme were unused at year-end not only in its first year but also in 1991, which suggests serious problems in the planning of aid;  53. Calls upon the Commission:  (a) to programme aid to the countries of eastern and central Europe on the basis of thorough analyses of needs and to take measures to guarantee that aid is used as intended (for instance by means of clauses prohibiting re-export of aid deliveries);  (b) to define more clearly the roles of the Commission and of its Delegations in monitoring implementation of aid to these countries;  (c) to set an adequate lower limit on the number of controls to be carried out by it or on its behalf;  54. Further calls upon the Commission to take measures to enhance the effectiveness of aid to central and eastern Europe and in particular:  (a) to coordinate the work of the expert group responsible for proposing ways of improving project management;  (b) to step up efforts to coordinate financial aid, either by integrating all aid tools within multiannual programmes, or by establishing a procedure whereby the Commission is required to deliver an opinion on all Community and Group of 24 aid measures;   (c) to present annual reports assessing the effectiveness of aid to these countries;  55. Insists that the Commission ensure that counterpart funds are set up by beneficiary States as required by Community legislation, that the rules governing those funds are clear and that it monitor the use made of them;  56. Instructs its Committee on Budgetary Control to continue to monitor closely the management of aid to central and eastern Europe;  57. Considers it essential that such aid should also be monitored by the parliaments of the beneficiary countries;  58. Notes that hitherto the Community's contingent liability in respect of guarantees for loans to central and eastern Europe has been covered only by a 'token entry' in the budget;  59. Insists, in the interests of sound financial management, that the Community's future medium-term financial plans and annual budgets provide for a reserve to cover this growing liability, and that the endowment of the reserve be calculated on the  basis of a rigorous analysis of the risks involved;  Administrative expenditure 60. Notes that outside staff now account for some 30 % of the Commission's total workforce and 40 % of all policy-making staff, that they are heavily concentrated in certain policy areas of particular interest to Parliament and that in several sectors  they outnumber statutory staff;  61. Notes that the Commission's management of outside staff, of the relevant appropriations and even of in-formation on such staff is seriously deficient;  62. Considers that the present situation puts at risk the status of the European civil service and with it the proper development, implementation and monitoring of Community policy, and that it may also in practice undermine the powers of the European  Parliament;  63. Insists therefore that the Commission take immediate steps to restore balance in its personnel policy, based on the following key principles:  (a) that the independence, competence and per-manence of the European civil service must be maintained;  (b) that tasks involving the exercise of Community authority must be performed by statutory staff only;  64. Calls upon the Commission in this connection to propose a budgetary presentation for all appropriations relating to staff designed to reconcile the Commission's need for flexibility in management of human resources with the imperative need for  ob-servance of the Financial Regulation, for uniform management of all administrative appropriations and for transparency in the allocation of resources;  65. Urges that annual ceilings on administrative expend-iture be set in the light of rigorous analyses and planning of the needs of all the institutions;  Fight against fraud 66. Insists once again that the resources allocated to the fight against fraud on the Community budget be targeted at the areas of greatest known abuse, as identified on the basis of systematic and continuous risk analysis;  67. Is not persuaded that the Commission at the highest levels has always given its fullest support to the fight against fraud, notably in the most sensitive cases, and insists that henceforward it do so;  68. Asks that the Anti-Fraud Coordination Unit's (UCLAF) powers be defined, and that this be done in such a way as to maximize its role, authority and autonomy;  69. Intends to exercise to the full the new powers of budgetary control and enquiry conferred on Par-liament by the Treaty on European Union and, in this context, expects in future to work more closely with UCLAF;  70. Calls upon the Commission in future to devote sections in its annual reports on action against fraud to the use of budgetary appropriations and to UCLAF's staffing arrangements; also asks that, in its published statistics on fraud and irregularity,  the Commission show recovery rates not just in aggregate but by sector;  Flow of information to the discharge authority 71. Calls upon the Commission to reorganize its ac-counting information system without delay in such a way that non-final operations can be identified quickly and further monitored, and that more accurate information is provided on the implementation of  Community policies;  72. Asks the Court of Auditors to submit a report evaluating the use and management of Commission del-egations in third countries;  73. Also calls on the Commission to submit an annual activity report showing the use made of appropriations under each heading in the operating part of the budget;  74. Calls upon the Commission to submit a report to Parliament by 15 February 1993 on the criteria which determine when and to what extent execution of Community policies is sub-contracted to outside bodies, and on the controls it conducts on the  quality of implementation by such bodies.


Important legal notice

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52007BP0118(02)

2. European Parliament decision of 24 April 2007 on closing the accounts of the European Agency for Safety and Health at Work for the financial year 2005 (C6-0392/2006 - 2006/2159(DEC))

Official Journal 074 E , 20/03/2008 P. 0215 - 0217

		2.European Parliament decision of 24 April 2007 on closing the accounts of the European Agency for Safety and Health at Work for the financial year 2005 (C6-0392/2006 — 2006/2159(DEC))The European Parliament,- having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2005, together with the Agency's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof,- having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [3], and in particular Article 185 thereof,- having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work [4], and in particular Article 14 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 [5], and in particular Article 94 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A6-0105/2007),1. Notes that the final annual accounts of the European Agency for Safety and Health at Work for the financial years 2004 and 2005 are as follows:Source: The Agency's data — This table summarises the data provided by the Agency in its annual accounts.(in 1000 EUR) |Revenue and expenditure account for the financial years 2004 and 2005 || 2005 | 2004 |RevenueCommunity subsidies | 12209 | 9542 |Other subsidies | 150 | 66 |Other revenue | 66 | 111 |Phare revenue | 340 | 121 |Total revenue (a) | 12765 | 9840 |ExpenditureStaff — Title I of the budget— Payments | 3435 | 3379 |— Appropriations carried over | 75 | 60 |Administration — Title II of the budget— Payments | 1052 | 966 |— Appropriations carried over | 331 | 248 |Operating activities — Title III of the budget— Payments | 4589 | 2426 |— Appropriations carried over | 2213 | 2549 |Phare expenditure— Payments | 133 | 0 |— Appropriations carried over | 206 | 0 |Total expenditure (b) | 12035 | 9628 |Outturn for the financial year (c = a-b) | 730 | 212 |Appropriations carried over and cancelled | 404 | 887 |Sums to be reused from the previous financial year and not used | 0 | 0 |RO (Phare II) appropriations not used | 0 | 144 |Payments against commitment cancelled in 2002 | 0 | 0 |Exchange-rate differences | 0 | 0 |Phare amount to be refunded to the Commission | 0 | -39 |Adjustment entries | 24 | 3 |Outturn for the financial year before economic adjustments (d) | 1158 | 1208 |Balance carried over from the previous financial year | -779 | -1987 |Accumulated outturn before economic adjustments (e) | 379 | -779 |Budget revenue to be recovered | | 0 |Other revenue to be recovered | | 0 |Acquisitions of fixed assets | 171 | 57 |Depreciation | -161 | -174 |Stock | 0 | -6 |Scrapping of fixed assets | 0 | -91 |Depreciation | 0 | 88 |Miscellaneous expenditure | | -34 |Cumulated 2005 budgetary outturn to reimburse to the EC | -379 | |Phare III — Prefinancing received | -206 | |Prefinancing given | -314 | |Long term receivables | 4 | |Adjustment of budgetary expenses | 1990 | |Adjustment of incomes | -806 | |Reversal of accual operations | 1585 | |Amounts paid carry over 2004-2005 | -2453 | |Economic adjustments (f) | -571 | -161 |Balance for the financial year (e+f) | 587 | -940 |2. Approves closing the accounts of the European Agency for Safety and Health at Work for the financial year 2005;3. Instructs its President to forward this decision to the director of the European Agency for Safety and Health at Work, 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).[1] OJ C 266, 31.10.2006, p. 19.[2] OJ C 312, 19.12.2006, p. 24.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 216, 20.8.1994, p. 1. Regulation as last amended by Regulation (EC) No 1112/2005 (OJ L 184, 15.7.2005, p. 5).[5] OJ L 357, 31.12.2002, p. 72.--------------------------------------------------