title: Council Decision (EU) 2016/946 of 9 June 2016 establishing provisional measures in the area of international protection for the benefit of Sweden in accordance with Article 9 of Decision (EU) 2015/1523 and Article 9 of Decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece

text:
               15.6.2016

               EN

               Official Journal of the European Union

               L 157/23

         COUNCIL DECISION (EU) 2016/946
   of 9 June 2016
   establishing provisional measures in the area of international protection for the benefit of Sweden in accordance with Article 9 of Decision (EU) 2015/1523 and Article 9 of Decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(3) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               According to Article 78(3) of the Treaty on the Functioning of the European Union (TFEU), in the event of one or more Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission and after consulting the European Parliament, may adopt provisional measures for the benefit of the Member State(s) concerned.

               (2)

               According to Article 80 TFEU, the policies of the Union in the area of border checks, asylum and immigration and their implementation are to be governed by the principle of solidarity and fair sharing of responsibility between the Member States, and Union acts adopted in this area are to contain appropriate measures to give effect to this principle.

               (3)

               On the basis of Article 78(3) TFEU, the Council adopted two Decisions establishing provisional measures in the area of international protection for the benefit of Italy and Greece. Under Council Decision (EU) 2015/1523 (2), 40 000 applicants for international protection are to be relocated from Italy and from Greece to the other Member States. Under Council Decision (EU) 2015/1601 (3), 120 000 applicants for international protection are to be relocated from Italy and from Greece to the other Member States.

               (4)

               Article 9 of Decision (EU) 2015/1523 and Article 9 of Decision (EU) 2015/1601 provide that, in the event of an emergency situation characterised by a sudden inflow of nationals of third countries into a Member State, the Council, on a proposal from the Commission and after consulting the European Parliament, may adopt provisional measures for the benefit of the Member State concerned, pursuant to Article 78(3) TFEU. Such measures may include, where appropriate, a suspension of the participation of that Member State in the relocation as provided for in those Decisions, as well as possible compensatory measures for Italy and for Greece.

               (5)

               Sweden faces an emergency situation characterised by a sudden inflow of nationals of third countries into its territory because of a sharp shift in migratory flows. On 8 December 2015, Sweden formally requested the suspension of its obligations under Decisions (EU) 2015/1523 and (EU) 2015/1601.

               (6)

               The considerable increase in irregular border-crossing into the Union and in secondary movements across the Union has led to a sharp rise in Sweden in the number of applications for international protection, mainly from individuals who entered the Union via Italy and Greece.

               (7)

               Eurostat figures confirm a sharp increase in Sweden in the number of applicants for international protection. The number of applicants for international protection increased by more than 60 % from 68 245 applicants for the period from 1 January to 31 October 2014 to 112 040 applicants for the period from 1 January to 31 October 2015.

               (8)

               The monthly number of applicants for international protection has recently reached an even higher level: it doubled between August (11 735) and September (24 261), and reached 39 055 in October 2015 (an increase of 61 % from September).

               (9)

               Sweden had by far the highest number of applicants for international protection per capita in the Union in 2015, with 11 503 applicants per million inhabitants.

               (10)

               Sweden is also facing a difficult situation because of the recent significant increase in the number of unaccompanied minors, with one out of four applicants claiming to be an unaccompanied minor.

               (11)

               The current situation has put a very significant strain on the Swedish asylum and migration system, with serious practical consequences on the ground as regards reception conditions and the ability of the asylum and migration system to deal with applications. In order to help alleviate the significant pressure with which Sweden is confronted, the obligations of Sweden as a Member State of relocation under Decisions (EU) 2015/1523 and (EU) 2015/1601 should be suspended for 1 year.

               (12)

               The suspension of Sweden's obligations should be complemented, where appropriate, by operational support measures coordinated by the European Asylum Support Office (EASO) and by other relevant Agencies.

               (13)

               Sweden should present to the Council and to the Commission a roadmap setting out the measures that it will take in order to ensure the effectiveness of its asylum and migration system and to resume its obligations under Decisions (EU) 2015/1523 and (EU) 2015/1601 once the suspension of its obligations ceases to have effect.

               (14)

               Since the objectives of this Decision cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

               (15)

               This Decision respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union.

               (16)

               In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

               (17)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (18)

               In view of the urgency of the situation, this Decision should enter into force on the day following that of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter
   This Decision establishes provisional measures in the area of international protection for the benefit of Sweden, in order to support it in better coping with an emergency situation characterised by a sudden inflow of nationals of third countries.
   Article 2
   Suspension of obligations under Decisions (EU) 2015/1523 and (EU) 2015/1601
   The obligations of Sweden as a Member State of relocation under Decisions (EU) 2015/1523 and (EU) 2015/1601 shall be suspended until 16 June 2017.
   Article 3
   Operational support to Sweden
   In order to enable Sweden to better cope with the exceptional pressure on its asylum and migration system, operational support shall be provided to Sweden, where appropriate, through relevant activities coordinated by EASO and by other relevant Agencies.
   Article 4
   Complementary measures to be taken by Sweden
   By 16 July 2016, Sweden shall present to the Council and to the Commission a roadmap setting out the measures that it will take in order to ensure the effectiveness of its asylum and migration system and to resume its obligations under Decisions (EU) 2015/1523 and (EU) 2015/1601 once the suspension referred to in Article 2 ceases to have effect.
   Article 5
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 9 June 2016.

            For the Council

            The President

         G.A. VAN DER STEUR

      (1)  Opinion of 26 May 2016 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2015/1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece (OJ L 239, 15.9.2015, p. 146).

      (3)  Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece (OJ L 248, 24.9.2015, p. 80).


title: 2014/494/EU: Council Decision of 16 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part

text:
               30.8.2014

               EN

               Official Journal of the European Union

               L 261/1

         COUNCIL DECISION
   of 16 June 2014
   on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part
   (2014/494/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 and Article 31(1) thereof, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof, as well as Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 10 May 2010, the Council authorised the Commission to open negotiations with Georgia for the conclusion of a new agreement between the Union and Georgia to replace the Partnership and Cooperation Agreement (1).

               (2)

               Taking into account the close historical relationship and progressively closer links between the Parties as well as their desire to strengthen and widen relations in an ambitious and innovative way, the negotiations on the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’) were successfully finalised by the initialling of the Agreement on 29 November 2013.

               (3)

               The Agreement should be signed on behalf of the Union and applied in part before its entry into force, on a provisional basis in accordance with Article 431 of the Agreement, pending the completion of the procedures for its conclusion.

               (4)

               The provisional application of parts of the Agreement does not prejudge the allocation of competences between the Union and its Member States in accordance with the Treaties.

               (5)

               Pursuant to Article 218(7) of the Treaty on the Functioning of the European Union, it is appropriate for the Council to authorise the Commission to approve modifications to the Agreement to be adopted by the Association Committee in its Trade configuration, as set out in Article 408(4) of the Agreement, as proposed by the Geographical Indications Sub-Committee pursuant to Article 179 of the Agreement.

               (6)

               It is appropriate to set out the relevant procedures for the protection of geographical indications which are given protection pursuant to the Agreement.

               (7)

               The Agreement should not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The signing on behalf of the Union of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, is hereby authorised, subject to the conclusion of the said Agreement.
   2.   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   1.   Pending its entry into force, in accordance with Article 431 of the Agreement and subject to the notifications provided for therein, the following parts of the Agreement shall be applied provisionally between the Union and Georgia, but only to the extent that they cover matters falling within the Union’s competence, including matters falling within the Union’s competence to define and implement a common foreign and security policy:

               (a)

               Title I;

               (b)

               Title II: Articles 3 and 4 and Articles 7 to 9;

               (c)

               Title III: Articles 13 and 16;

               (d)

               Title IV (with the exception of Article 151, to the extent that it concerns criminal enforcement of intellectual property rights; and with the exception of Articles 223 and 224, to the extent that they apply to administrative proceedings and review and appeal at Member State level);

               (e)

               Title V: Articles 285 and 291;

               (f)

               Title VI: Chapter 1 (with the exception of point (a) of Article 293, point (e) of Article 293, points (a) and (b) of Article 294(2)), Chapter 2 (with the exception of point (k) of Article 298), Chapter 3 (with the exception of Article 302(1)), Chapters 7 and 10 (with the exception of point (i) of Article 333), Chapter 11 (with the exception of point (b) of Article 338 and Article 339), Chapters 13, 20 and 23, as well as Articles 312, 319, 327, 354 and 357;

               (g)

               Title VII;

               (h)

               Title VIII (with the exception of Article 423(1), to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement as defined in this paragraph);

               (i)

               Annexes II to XXXI and Annex XXXIV, as well as Protocols I to IV.

         2.   The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   Article 4
   For the purposes of Article 179 of the Agreement, modifications of the Agreement through decisions of the Geographical Indications Sub-Committee shall be approved by the Commission on behalf of the Union. Where interested parties cannot reach agreement following objections relating to a geographical indication, the Commission shall adopt a position on the basis of the procedure laid down in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (2).
   Article 5
   1.   A name protected under Sub-Section 3 ‘Geographical Indications’ of Chapter 9 of Title IV of the Agreement may be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to the corresponding specification.
   2.   In accordance with Article 175 of the Agreement, the Member States and the institutions of the Union shall enforce the protection provided for in Articles 170 to 174 of the Agreement, including at the request of an interested party.
   Article 6
   The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals.
   Article 7
   This Decision shall enter into force on the day following that of its adoption.

      Done at Luxembourg, 16 June 2014.

            For the Council

            The President

         G. KARASMANIS

      (1)  Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part (OJ L 205, 4.8.1999, p. 3).

      (2)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).


title: Commission Decision of 17 December 2009 approving the national programme presented by Bulgaria for controlling and monitoring transport conditions of live bovine animals exported from the Union via Bourgas port and the financial contribution from the Union for 2010 (notified under document C(2009) 10004)

text:
               18.12.2009

               EN

               Official Journal of the European Union

               L 336/52

      COMMISSION DECISION

   of 17 December 2009
   approving the national programme presented by Bulgaria for controlling and monitoring transport conditions of live bovine animals exported from the Union via Bourgas port and the financial contribution from the Union for 2010
   (notified under document C(2009) 10004)
   (Only the Bulgarian text is authentic)
   (2009/979/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Article 37 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 (2) (hereinafter referred to as the ‘Financial Regulation’), and in particular Article 75 thereof,
   Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (3) (hereinafter referred to as the ‘Implementing Rules’), and in particular Article 90 thereof,
   Whereas:

               (1)

               Decision 2009/470/EC lays down the procedures governing the Community’s financial contribution on expenditure in the veterinary field.

               (2)

               In particular, Article 37(1) of Decision 2009/470/EC provides that should a Member State experience, from a structural or geographical point of view, staffing or infrastructure problems in implementing the control strategy brought about the functioning of the internal market for live animals, it may for a transitional period, obtain Community financial assistance. In addition, Article 37(2) of Decision 2009/470/EC provides that the Member State concerned shall submit to the Commission a national programme, accompanied by all the appropriate financial information, designed to improve its control system.

               (3)

               The functioning of the internal market requires a harmonised control system for live animals including those being exported to third countries. It is appropriate to facilitate the implementation of that strategy by providing for a Union financial contribution towards the implementation of this strategy.

               (4)

               Commission Regulation (EC) No 639/2003 of 9 April 2003 laying down detailed rules pursuant to Council Regulation (EC) No 1254/1999 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport (4) provides that the exit of the animals from the customs territory of the Union may take place through an exit point where the official veterinarian shall verify for those animals for which an export declaration is accepted whether the requirements laid down in Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (5) have been complied with from the place of departure until the exit point and that the transport conditions for the rest of the journey comply with the provisions of Regulation (EC) No 1/2005.

               (5)

               Regulation (EC) No 1/2005 provides that where animals are presented at exit points, official veterinarians of the Member States shall check that the animals are transported in compliance with this Regulation. Where the competent authority considers that animals are not fit to complete their journey, they shall be unloaded, watered, fed and rested in a control post.

               (6)

               Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts and amending the route plan referred to in the Annex to Directive 91/628/EEC (6) lays down the criteria applicable throughout the Community to be met by control posts so as to ensure the optimum welfare conditions for the animals passing through them and also to provide for certain incidental animal health matters.

               (7)

               Bulgaria has experienced staffing and infrastructure problems at the exit point of Bourgas port in implementing the veterinary checks, required within the Community by Article 21 of Regulation (EC) No 1/2005 and Article 2 of Regulation (EC) No 639/2003, on live bovine animals exported via this port. In particular, there are neither facilities for official veterinarians to inspect live bovine animals nor an approved control post in accordance with Regulation (EC) No 1255/97 in the immediate vicinity of the port where the animals can be unloaded, watered, fed and rested if they are unfit to pursue their journey or if they cannot be transported within the journey times laid down in Regulation (EC) No 1/2005.

               (8)

               On 17 September 2009, Bulgaria submitted to the Commission a programme for controlling and monitoring transport conditions of live bovine animals exported from the Union via Bourgas port for 2010 for which Bulgaria wishes to receive a financial contribution from the Union.

               (9)

               The Commission has assessed the programme submitted by Bulgaria for 2010 from both the veterinary and the financial point of view. This programme was found to comply with the relevant Union veterinary legislation and in particular with the criteria set out in Article 21(3) of Regulation (EC) No 1/2005 and in the Annex to Regulation (EC) No 1255/97.

               (10)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The national programme, presented by Bulgaria on 17 September 2009 to control and monitor transport conditions of live bovine animals exported from the Union via Bourgas port for 2010 is hereby approved for the period from 1 January 2010 to 31 December 2010. The present Decision constitutes a financing decision within the meaning of Article 75 of the Financial Regulation.
   Article 2
   The financial contribution by the Union shall be at the rate of 80 % of the design and construction costs to be incurred by Bulgaria for the building of inspection facilities and a control post with a capacity of 120 to 140 bovine animals at Bourgas port.
   The financial contribution shall not exceed EUR 152 000, to be financed from the following Budgetary Line of the General Budget of the European Union for 2010, subject to its adoption:

               —

               Budgetary Line No 17 04 02.

         Article 3
   1.   The expenditure submitted by Bulgaria for a financial contribution by the Union shall be expressed in euro and shall exclude value added tax and other taxes.
   2.   Where Bulgaria’s expenditure is in a currency other than the euro, Bulgaria shall convert it into euro by applying the most recent exchange rate set by the European Central Bank prior to the first day of the month in which the application for payment is submitted by Bulgaria.
   Article 4
   1.   The financial contribution by the Union for the national programme referred to in Article 1 shall be granted provided that Bulgaria:

               (a)

               implements the programme in accordance with the relevant provisions of Union law, including rules on competition and on the award of public contracts;

               (b)

               forwards to the Commission at the latest by 31 July 2010 the intermediate technical and financial reports for the programme referred to in Article 1, in accordance with Article 27(7)(a) of Decision 2009/470/EC;

               (c)

               forwards to the Commission, in accordance with Article 27(7)(b) of Decision 2009/470/EC, by 30 April 2011 at the latest a final detailed technical report including the assessment of the results achieved and a detailed account of expenditure incurred from 1 January 2010 to 31 December 2010;

               (d)

               forwards to the Commission, in accordance with Article 27(8) of Decision 2009/470/EC, by 30 April 2011 at the latest, the payment application related to the expenditure incurred in respect of the programme submitted on 17 September 2009;

               (e)

               does not, for the programme referred to in Article 1, submit further requests for other Union contributions for these measures, and has not previously submitted such requests.

         2.   In case of late applications, the reductions of the financial contribution foreseen in Article 27(8) of Decision 2009/470/EC are applicable.
   Article 5
   This Decision shall apply from 1 January 2010.
   Article 6
   This Decision is addressed to the Republic of Bulgaria.

      Done at Brussels, 17 December 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 155, 18.6.2009, p. 30.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 357, 31.12.2002, p. 1.

      (4)  OJ L 93, 10.4.2003, p. 10.

      (5)  OJ L 3, 5.1.2005, p. 1.

      (6)  OJ L 174, 2.7.1997, p. 1.


title: 2005/534/EC: Decision of the European Parliament of 12 April 2005 on the discharge for implementing the general budget of the European Union for the financial year 2003, Section V — Court of Auditors

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/46

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge for implementing the general budget of the European Union for the financial year 2003, Section V — Court of Auditors
   (2005/534/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the general budget of the European Union for the financial year 2003 (1),
   having regard to the revenue and expenditure account and balance sheet for the 2003 financial year (C6-0018/2005),
   having regard to the Annual Report of the European Court of Auditors concerning the financial year 2003, together with the institutions’ replies (2),
   having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
   having regard to Articles 272(10), 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), in particular Articles 50, 86(4), 145, 146 and 147 thereof,
   having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0066/2005),

               1.

               Grants the Court of Auditors discharge in respect of the implementation of the budget for the 2003 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the Ombudsman and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ L 54, 28.2.2003, p. 1.

      (2)  OJ C 293, 30.11.2004, p. 1.

      (3)  OJ C 294, 30.11.2004, p. 99.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 356, 31.12.1977, p. 1.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments which form part of the decision on the discharge for implementing the general budget of the European Union for the financial year 2003, Section V — Court of Auditors
      THE EUROPEAN PARLIAMENT,
      having regard to the general budget of the European Union for the financial year 2003 (1),
      having regard to the revenue and expenditure account and balance sheet for the 2003 financial year (C6-0018/2005),
      having regard to the Annual Report of the European Court of Auditors concerning the financial year 2003, together with the institutions’ replies (2),
      having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
      having regard to Articles 272(10), 275 and 276 of the EC Treaty,
      having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), in particular Articles 50, 86(4), 145, 146 and 147 thereof,
      having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),
      having regard to Rule 71 of and Annex V to its Rules of Procedure,
      having regard to the report of the Committee on Budgetary Control (A6-0066/2005),
      The European Court of Auditors’ Annual Report

                  1.

                  Notes that the European Court of Auditors (ECA) administered a budget of EUR 77 076 689 of which 96,83 % (EUR 74 634 579,94) had been committed and 89,58 % (EUR 69 045 709,53) spent by 31 December 2003;

                  2

                  Welcomes the fact that the ECA, for the first time, has evaluated the control environment of all institutions individually and has published their observations in a separate part;

                  3.

                  Notes that the ECA has drawn up charters describing in detail the tasks, rights and obligations of the financial actors, and that minimum control standards were adopted in December 2003;

                  4.

                  Takes note of the findings of the external KPMG audit concerning the ECA: ‘In our opinion the (…) accounting data and financial statements give a true and fair view, in accordance with the Financial Regulation, the implementing rules, generally accepted accounting principles and the European Court of Auditors’ Internal Rules, of the assets and financial position of the Court of Auditors on 31 December 2003, and of the economic result and the revenue and expenditure for the financial year then ended’;

                  5.

                  Asks to receive a copy of the evaluation report on the Court’s construction policy when it has been finalised;

            Follow-up to the 2002 discharge procedure

                  6.

                  Recalls that the 2002 discharge report also contained observations with regard to the Statement of Assurance and the audit system; these observations will be followed up in the 2003 Commission discharge report;

                  7.

                  Points out that the investigations into Eurostat by the European Anti-Fraud Office (OLAF) have not been finalised at this stage; insists that the ECA schedule a comprehensive audit of the control and supervisory systems in place, once OLAF has completed its investigations;

                  8

                  Reiterates its recommendation in paragraphs 21 and 22 of its resolution of 21 April 2004 (6) on the discharge for 2002 to the effect that, following the expansion of the Court, each of its 25 Members should take on special audit responsibility for at least one Commission directorate-general, in order to identify at an early stage, and prevent, the occurrence of undesirable developments such as in the case of Eurostat;

                  9.

                  Welcomes the fact that, according to the 2005 work plan, the ECA will audit the European system of accounts inventories, the GNI and the quality of the GNI;

                  10.

                  Welcomes the fact that the Court has examined the new statute for Members of the European Economic and Social Committee; notes that the provisions in the statute itself do not have direct financial implications; is reassured that the Court will take up the issue in the 2004 audit exercise;

                  11.

                  Notes that the European Economic and Social Committee adopted detailed arrangements and procedures for the inventory in October 2003; calls therefore on the Court to audit the inventory when preparing the 2004 Annual Report;

                  12.

                  Welcomes the fact that the ECA has forwarded its decisions of 16 December 2004 on the arrangements for cooperation (concerning members, staff and access to audit information) with OLAF; regrets that these decisions were taken rather belatedly;

                  13.

                  Welcomes the measures taken by the ECA with regard to the use of official cars for Members, as outlined in its administrative decision of 15 June 2004; recognises that the new provisions are transparent and represent an improvement of the situation; notes that, with a view to reducing the administrative burden, the Court also defrays the cost for 15 000 km, in addition to journeys authorised by travel order, and that the professional use of the car is recorded in the driver’s log;

                  14.

                  Notes that Article 5 of the abovementioned decision stipulates: ‘Where the Members or the Secretary-General use their official cars for journeys other than those referred to in Article 4 (i.e. journeys undertaken in the performance of official duties covered by a travel order, or based on a standard rate of 15 000 km/year), they shall be responsible for any related expenditure (tolls, fuel costs and any additional rental charge resulting from mileage in excess of the overall figure of 45 000 kilometres per year stipulated in the framework contract)’; is of the opinion that the private use of an official car represents an undisclosed benefit-in-kind, which Parliament considers to be inappropriate;

            Annual activity report of the authorising officer and annual report of the internal auditor

                  15.

                  Acknowledges that the ECA has sent a one-page report (pursuant to Article 86(4) of the Financial Regulation) to the Committee on Budgetary Control; expects such a report to provide a clear picture of the current control environment, for which the improvements should be introduced in the following year;

                  16.

                  Calls for the authorising officer’s annual report to contain a signed Statement of Assurance;

                  17.

                  Wishes to receive a copy of the internal auditor’s annual report; is aware that the ECA considers this to be an internal document; points out, however, that the internal auditor’s report usually enables the discharge authority to obtain a clear picture of the control environment and the improvements scheduled for the following year; emphasises that most other institutions trust the Committee on Budgetary Control to handle this document responsibly;

                  18.

                  Notes that the ECA has introduced a computerised audit support system designed to facilitate and improve the planning and standardisation of the audit process, quality control at all stages of this process, documentation, presentation of results and drawing up of reports, work at remote locations and the provision of management information;

                  19.

                  Notes that, in 2003, only 50 % of the money available for exchange of civil servants and experts was used because the applicable financial provisions changed; 2003 could therefore be considered as a transition year;

                  20.

                  Is of the opinion that there could be a need to analyse whether the current structure and functioning of the ‘top heavy’ European Court of Auditors should be reformed; recalls that at the moment the Court of Auditors has 736 employees, of whom 325 are professional auditors (A and B grades), with 275 (A and B grades) working in the audit groups and 50 (A grades) in Members’ cabinets;

                  21.

                  Welcomes the fact that the Court has forwarded the September 2003 report on its buildings’ policy to the Committee on Budgetary Control; wishes to be kept informed of progress made in the context of the 2004 discharge procedure;

            Other remarks

                  22.

                  Congratulates the ECA on the network constructed with audit institutions in Member States and applicant countries (in preparation for enlargement); asks the ECA to report back to Parliament’s competent committee, in time for the 2004 discharge procedure, on the progress achieved:

                              —

                              in arriving at a better system of burden sharing between the ECA and national audit institutions, in particular with regard to access to national audit files, and

                              —

                              in streamlining audit approaches, in particular with regard to national statements of assurance and audit systems with a view to enhanced compatibility, and

                              —

                              in improving the efficiency of controls by thoroughly reviewing the quantity and quality of the controls envisaged;

                  23.

                  Welcomes the ECA’s readiness to supply written answers to the questions in time for the 2003 discharge;

                  24.

                  Calls on the ECA to provide the Chairman of the Committee on Budgetary Control and the rapporteur on the Commission discharge with advance copies, confidential if necessary, of the annual report; in addition, wishes to know at an early stage what special reports to expect in the course of the year with a view to giving them proper consideration;

                  25.

                  Asks the ECA to evaluate the implications of the new Financial Regulation for its administrative work in time for its review in 2005/2006;

                  26.

                  Invites the Court of Auditors to include in its annual activity report information concerning its ability to meet production targets, the unit costs, significant areas of development and other relevant factors as regards the institution’s performance; notes that such a performance report would also be an excellent way of publishing information on the modernisation of the statement of assurance and other developments in the Court’s audit approach.

         (1)  OJ L 54, 28.2.2003, p. 1.

         (2)  OJ C 293, 30.11.2004, p. 1.

         (3)  OJ C 294, 30.11.2004, p. 99.

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

         (5)  OJ L 356, 31.12.1977, p. 1.

         (6)  OJ L 330, 4.11.2004, p. 144.


Avis juridique important

|

31990D0681

90/681/EEC: Council Decision of 21 December 1990 granting a second tranche of medium-term financial assistance to Hungary

Official Journal L 375 , 31/12/1990 P. 0018 - 0018 Finnish special edition: Chapter 11 Volume 16 P. 0182  Swedish special edition: Chapter 11 Volume 16 P. 0182

COUNCIL DECISION of 21 December 1990 granting a  second tranche of medium-term financial assistance to Hungary (90/681/EEC)THE  COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  235 thereof, Having regard to the proposal from the Commission(1), submitted following consultation with the  Monetary Committee, Having regard to the opinion of the European Parliament(2), Whereas, by Decision 90/83/EEC(3), the Council decided to provide medium-term financial assistance  for Hungary in the form of a medium-term loan facility of a maximum amount of ECU 870 million in  principal, with a maximum duration of five years, in order to permit that country to overcome the  difficulties of structural adjustment of its economy; Whereas by Decision 90/83/EEC, the Council empowered the Commission to borrow, on behalf of the  European Economic Community, as the first tranche of the loan an amount of ECU 350 million; whereas  a decision on subsequent tranches was to be decided at a later stage; Whereas the Commission should be empowered to borrow, as a second tranche, the amount of ECU 260  million; Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of  Article 235, HAS DECIDED AS FOLLOWS: Article 1 The Commission is hereby empowered to borrow on behalf of the  European Economic Community the amount of ECU 260 million and to onlend the proceeds of the  borrowing to Hungary as the second tranche of the medium-term financial assistance provided for by  the Council in Decision 90/83/EEC. Article 2 The borrowing and lending operations, referred to in Article 1, shall be carried out in  accordance with the procedures laid down in Decision 90/83/EEC. Done at Brussels, 21 December 1990. For the CouncilThe PresidentA. RUBERT (1)OJ N° C 20, 27. 1. 1990, p. 9.  (2)OJ N° C 38, 19. 2. 1990, p. 137.  (3)OJ N° L 58, 7. 3. 1990, p. 7.


title: 2013/223/EU: Commission Decision of 24 April 2013 amending Decision 2000/745/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand

text:
               22.5.2013

               EN

               Official Journal of the European Union

               L 135/19

         COMMISSION DECISION
   of 24 April 2013
   amending Decision 2000/745/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand
   (2013/223/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic anti-dumping Regulation’), and in particular Articles 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   EXISTING MEASURES

               (1)

               The Council, by Regulation (EC) No 192/2007 (2), imposed a definitive anti-dumping duty on imports of certain polyethylene terephtalate (‘PET’) originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan following an expiry review and a partial interim review. The measures were originally imposed in August 2000 (3). Measures are currently subject to another expiry review (4).

               (2)

               The Commission, by Decision 2000/745/EC (5) (‘the Decision’), accepted a price undertaking (‘the undertaking’), inter alia, from the Indonesian company P.T. Polypet Karyapersada (‘Polypet’). Following the findings and conclusions relating to a ‘new exporter’ review (6), the Commission, by Decision 2002/232/EC (7) amending Decision 2000/745/EC, accepted an undertaking from the Indian company Futura Polyesters Limited (‘Futura’).

         B.   OBLIGATIONS ARISING FROM THE UNDERTAKING

               (3)

               One of the fundamental obligations arising from an undertaking is the quarterly reporting of sales, which enables the Commission to effectively monitor the undertaking. The monitoring obligation also covers the situation that no sales were carried out during a given quarter (a so-called ‘no sales’ report).

               (4)

               In addition, the exporting producers must immediately notify the Commission of any changes of the corporate structure of the company which might occur during the application of the undertaking.

               (5)

               The provisions of the undertaking stipulate that failure to cooperate with the Commission on these issues shall be considered as a breach of the undertaking. A recent ruling of the Court of Justice (8) also confirmed that reporting obligations must be regarded as primary obligations for the proper functioning of an undertaking.

         C.   BREACHES OF THE UNDERTAKING

               (6)

               The company Polypet did not send any sales report regarding the third quarter 2012, despite repetitive reminders. In addition, contrary to the provisions of the undertaking to which the company committed, Polypet did not inform the Commission immediately that its assets had been sold to another Indonesian company in August 2012. No report was received regarding the fourth quarter 2012.

               (7)

               The company Futura did not send any reports for the third and fourth quarter 2012, despite repetitive reminders.

               (8)

               These failures to submit reports and notifications on the change of company structure qualify as continuous non-cooperation, thus breaching the provisions of the undertakings. This justifies withdrawing both undertakings.

         D.   WRITTEN SUBMISSIONS

               (9)

               Both companies were granted the opportunity to be heard and make written submissions. No written submissions were received from the companies.

         E.   AMENDMENT OF DECISION 2000/745/EC

               (10)

               Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation and also in accordance with the relevant clauses of the undertakings authorising the Commission to withdraw the undertaking, the Commission has concluded that the acceptance of the undertakings offered by the companies Polypet and Futura should be withdrawn and Decision 2000/745/EC as amended by Decision 2002/232/EC should be amended. Accordingly, the definitive anti-dumping duties imposed by Article 1 of Regulation (EC) No 192/2007 should automatically apply to imports of PET manufactured by the companies Polypet and Futura (TARIC additional code A193 for Polypet and TARIC additional code A184 for Futura),

         HAS ADOPTED THIS DECISION:
   Article 1
   The acceptance of the undertakings in relation to the companies P.T. Polypet Karyapersada, Indonesia (TARIC additional code A193) and Futura Polyesters Limited, India (TARIC additional code A184) is hereby withdrawn.
   Article 2
   The table of Article 1 in Decision 2000/745/EC is replaced by the following table:

                  ‘Country

                  Companies

                  TARIC additional code

                  India

                  Reliance Industries Limited

                  A181

                  India

                  Pearl Engineering Polymers Limited

                  A182

                  India

                  Dhunseri Petrochem & Tea Limited

                  A585’

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

      Done at Brussels, 24 April 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 59, 27.2.2007, p. 1.

      (3)  OJ L 199, 5.8.2000, p. 48.

      (4)  OJ C 55, 24.2.2012, p. 4.

      (5)  OJ L 301, 30.11.2000, p. 88.

      (6)  OJ L 78, 21.3.2002, p. 4.

      (7)  OJ L 78, 21.3.2002, p. 12 and OJ C 116, 15.5.2003, p. 2.

      (8)  Case C-552/10 P, http://curia.europa.eu/juris/document/document.jsf?text=&docid=130244&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=825501


Avis juridique important

|

31994D0509

Council Decision of 25 July 1994 concerning the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union regarding preparation for the 1995 Conference of the States parties to the Treaty on the Non-Proliferation of Nuclear Weapons

Official Journal L 205 , 08/08/1994 P. 0001 - 0002 Finnish special edition: Chapter 18 Volume 1 P. 0003  Swedish special edition: Chapter 18 Volume 1 P. 0003

COUNCIL DECISION of 25 July 1994 concerning the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union regarding preparation for the 1995 Conference of the States parties to the Treaty on the  Non-Proliferation of Nuclear Weapons (94/509/CFSP)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty on European Union, and in particular Articles J.3 and J.11 thereof,  Having regard to the general guidelines laid down by the European Council on 24 and 25 June 1994,  HAS DECIDED AS FOLLOWS:   Article 1  The objective of this joint action which is the subject of this Decision shall be to strengthen the international nuclear non-proliferation system by promoting the universality of the Treaty on the Non-Proliferation of Nuclear Weapons and by  extending it indefinitely and unconditionally.   Article 2  For the purposes of the objective laid down in Article 1, the European Union shall:  - make efforts to convince States which are not yet parties to the Non-Proliferation Treaty to accede, if possible before 1995, and to assist States ready to accede in accelerating their accession;  - encourage participation in the remaining two Preparatory Committee sessions of the 1995 Conference of the States parties to the said Treaty in Geneva and New York respectively and in the Conference itself,  - help build consensus on the aim of indefinite and unconditional extension of the said Treaty.   Article 3  Action by the European Union as referred to in Article 2 shall comprise:  - demarches by the Presidency, under the conditions laid down in Article J.5(3) of the Treaty on European Union, with regard to non-member States which are not yet parties to the Non-Proliferation Treaty,  - demarches by the Presidency, under the conditions laid down in Article J.5(3) of the Treaty on European Union, with regard to non-member States which might not share the Union's belief that the Non-Proliferation Treaty should be extended indefinitely  and unconditionally,  - the possibility of assistance by the European Union for non-member States which so wish with a view to their accession to the Non-Proliferation Treaty and the establishment of the procedures necessary for compliance with obligations under it.   Article 4  This Decision shall not give rise to operational expenditure.   Article 5  This Decision shall enter into force on the day of its adoption. It shall cover the period up to the end of the Conference of the States parties to the Non-Proliferation Treaty scheduled for 12 May 1995.   Article 6  This Decision shall be published in the Official Journal.  Done at Brussels, 25 July 1994.  For the Council The President F.-Ch. ZEITLER


title: 2012/3/EU: Decision of the European Parliament and of the Council of 13 December 2011 on the mobilisation of the Flexibility Instrument

text:
               7.1.2012

               EN

               Official Journal of the European Union

               L 4/10

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 13 December 2011
   on the mobilisation of the Flexibility Instrument
   (2012/3/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular the fifth paragraph of point 27 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:
   After having examined all possibilities for reallocating appropriations under subheading 1a and heading 4, the two arms of the budgetary authority agreed to mobilise the Flexibility Instrument to complement the financing in the 2012 budget, beyond the ceiling of subheading 1a, of EUR 50 million towards the financing of the Europe 2020 Strategy, and beyond the ceiling of heading 4, of EUR 150 million towards the financing of the European Neighbourhood Policy,
   HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2012 (hereinafter ‘the 2012 budget’), the Flexibility Instrument shall be used to provide the sum of EUR 50 million in commitment appropriations under subheading 1a and EUR 150 million in commitment appropriations under heading 4.
   That amount shall be used to complement the financing of:

               —

               EUR 50 million for the Europe 2020 Strategy under subheading 1a,

               —

               EUR 150 million for the European Neighbourhood Policy under heading 4.

         Article 2
   This decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 13 December 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         M. SZPUNAR

      (1)  OJ C 139, 14.6.2006, p. 1.


title: Decision (EU, Euratom) 2016/1468 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the Innovation and Networks Executive Agency (formerly the Trans-European Transport Network Executive Agency) for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/130

         DECISION (EU, EURATOM) 2016/1468 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the Innovation and Networks Executive Agency (formerly the Trans-European Transport Network Executive Agency) for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2014 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2014 (COM(2015) 377 — C8-0199/2015) (2),

               —

               having regard to the final annual accounts of the Innovation and Networks Executive Agency (formerly the Trans-European Transport Network Executive Agency) for the financial year 2014 (3),

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2013 financial year (COM(2015) 505), and to the accompanying Commission staff working documents (SWD(2015) 194, SWD(2015) 195),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2014 (COM(2015) 441), and to the accompanying Commission staff working document (SWD(2015) 170),

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Innovation and Networks Executive Agency (formerly the Trans-European Transport Network Executive Agency) for the financial year 2014, together with the Agency’s reply (4),

               —

               having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2014 (05585/2016 — C8-0040/2016),

               —

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

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6) and in particular Articles 62, 164, 165 and 166 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (7), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Implementing Decision 2013/801/EU of 23 December 2013 establishing the Innovation and Networks Executive Agency and repealing Decision 2007/60/EC as amended by Decision 2008/593/EC (9),

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A8-0140/2016),

               A.

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

               1.

               Grants the Director of the Innovation and Networks Executive Agency (formerly the Trans-European Transport Network Executive Agency) discharge in respect of the implementation of the Agency’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section III — Commission and executive agencies, and in its resolution of 28 April 2016 on the Court of Auditors’ special reports in the context of the Commission discharge for the financial year 2014 (10);

               3.

               Instructs its President to forward this decision, the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section III — Commission and the resolution forming an integral part of those decisions, to the Director of the Innovation and Networks Executive Agency (formerly the Trans-European Transport Network Executive Agency), the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 51, 20.2.2014.

      (2)  OJ C 377, 13.11.2015, p. 1.

      (3)  OJ C 367, 5.11.2015, p. 10.

      (4)  OJ C 409, 9.12.2015, p. 362.

      (5)  OJ C 377, 13.11.2015, p. 146.

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

      (7)  OJ L 11, 16.1.2003, p. 1.

      (8)  OJ L 297, 22.9.2004, p. 6.

      (9)  OJ L 352, 24.12.2013, p. 65.

      (10)  Texts adopted of that date, P8_TA(2016)0148 (see page 91 of this Official Journal).


title: Council Decision (EU) 2015/333 of 2 March 2015 appointing an Italian member of the European Economic and Social Committee

text:
               3.3.2015

               EN

               Official Journal of the European Union

               L 58/74

         COUNCIL DECISION (EU) 2015/333
   of 2 March 2015
   appointing an Italian member of the European Economic and Social Committee
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the Italian Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member's seat on the European Economic and Social Committee has become vacant following the death of Mr Corrado ROSSITTO,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Flora GOLINI, Vicepresidente nonché Membro della Giunta esecutiva confederale della CIU (Confederazione Italiana di Unione delle professioni), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 2 March 2015.

            For the Council

            The President

         D. REIZNIECE-OZOLA

      (1)  OJ L 251, 25.9.2010, p. 8.


title: Council Decision of 15 October 1973 on Community financing of certain expenditure involved in the supply through the International Committee of the Red Cross of food aid in the form of cereals

text:
20 . 10 . 73                           Official Journal of the European Communities                          No L 293 /39
                                                   COUNCIL DECISION
                                                     of 15 October 1973
             on Community financing of certain expenditure involved in the supply through
              the International Committee of the Red Cross of food aid in the form of cereals
                                                         (73/321 /EEC)
THE COUNCIL OF THE EUROPEAN                                        transporting the quantities of aid in the form of
COMMUNITIES,                                                       cereals allotted to this Committee,
Having regard to the Treaty establishing the European
                                                                   HAS DECIDED AS FOLLOWS :
Economic Community ;
Having regard to Council Regulation (EEC) No                                              Sole Article
1703/72 0 of 3 August 1972, amending Regulation
(EEC) No 2052/69 concerning Community financing                    In respect of the Community s food aid operations
of the exenditure resulting from implementation of                 involving 7 500 metric tons of cereals granted to the
                                                                   International Committee of the Red Cross under the
the 1967 Food Aid Convention laying down the rules
relating to Community financing of the expenditure                 1972/73 programme, Community financing shall
resulting from implementation of the 1971 Food Aid                 extend to the expenditure incurred in transporting the
Convention and in particular paragraph 1 (b) of                    products to the ports of offloading or to the frontier of
Article 8 thereof ;                                                the countries of destination .
Having regard to the proposal from the Commission ;                Done at Luxembourg, 15 October 1973 .
Whereas in view of the nature of the operations under                                          For the Council
taken through the International Committee of the Red                                              The President
Cross, it appears necessary that the Community
assume responsibility for the expenditure incurred in                                            I. NØRGAARD
(') OJ No L 180 , 8 . 8 . 1972, p. 1 .


title: Council Decision of 18 October 1971 amending the Decision of 29 September 1970 on the Association of the Overseas Countries and Territories with the European Economic Community

text:
210                                     Official Journal of the European Communities
29.10.71                                Official Journal of the European Communities                             No L 243/27
                                                     COUNCIL DECISION
                                                       of 18 October 1971
                amending the Decision of 29 September 1970 on the Association of the Overseas Countries
                                    and Territories with the European Economic Community
                                                          (71/353/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                     Article 2
 Having regard to the Treaty establishing the European             The following text shall be substituted for the present
 Economic Community, and in particular Article 136                 text of Article 26 of the Decision of 29 September 1970 :
 thereof;                                                               'The provisions of this Title and of Annexes V, VI,
                                                                        VII and X shall apply also to the French overseas
 Having regard to the Internal Agreement on the Financ                 departments.'
 ing and Administration of Community Aid signed at
 Yaounde on 29 July 1969, and in particular Article 1
 thereof;                                                                                Articles
                                                                   Annex X, the text of which is annexed, shall be added to
 Whereas the Council Decision of 29 September 1970 1               the Decision of 29 September 1970.
 on the Association of Overseas Countries and Territories
 with the European Economic Community did not lay
 down the fiscal and customs arrangements applicable to                                      Article 4
 contracts financed by the Community in the Associated
 Overseas Countries and Territories and the French over           The provisions of this Decision shall be applicable to the
 seas departments;                                                 performance of all contracts financed by the Community
                                                                   and concluded on or after 1 January 1972.
Whereas, the necessary provisions having since been
 drawn up, it is advisable to incorporate them in that De
cision,                                                                                Article 5
HAS DECIDED AS FOLLOWS :
                                                                   This Decision shall be published in the Official Journal
                                                                   ofthe European Communities.
                          Article 1
The following text shall be substituted for the present
text of Article 24 of the Decision of 29 September 1970 :          Done at Luxembourg, 18 October 1971 .
     'The fiscal and customs arrangements applicable in                                                For the Council
      the Associated Overseas Countries and Territories
      to contracts financed by the Community are laid                                                   The President
      down in Annex X.'                                                                                A. MORO
1 OJ No L 282, 28.12.70, p. 83.
 ---pagebreak---                               Official Journal of the European Communities                                        211
                                                     ANNEX
    concerning the fiscal and customs arrangements applicable, in the Associated Overseas Countries and
                               Territories, to contracts financed by the Community
                                                   . Article !
  Contracts financed by the Community shall not be subject, in the beneficiary Associated Overseas
  Country or Territory, to existing or future stamp or registration duties or fiscal charges having equi
  valent effect.
                                                     Article 2
  1 . Contracts for research, inspection or supervision financed by the Community shall not, in the benefi
  ciary Overseas Country or Territory, give rise to turnover tax.
  2. Profits arising from carrying out contracts for works, research, inspection or supervision financed by
  the Community shall be taxable according to the internal fiscal arrangements of the Associated Over
  seas Country or Territory concerned, provided that the natural or legal persons who have carried them
  out have, in that Country or Territory, a permanent place of business or the contracts take longer than
  six months to carry out.
                                                     Article 3
~ 1 . The importation into the beneficiary Associated Overseas Country or Territory of products for con
  sumption or use without further processing for the purpose of fulfilling supply contracts financed by the
  Community which have been concluded following an international call for tenders, shall be free of cus
  toms duties or taxes and import charges other than those constituting remuneration for the provision of
  services.
  2. When, following an international call for tenders, a supply contract financed by the Community is
  awarded to an industrial undertaking from the French Republic or from the Kingdom of the Nether
  lands, which is established in the Associated Overseas Country or Territory concerned, that contract
  shall be concluded on the basis of the 'ex-factory price* for the supplies ill question, plus the internal fis
  cal charges applicable to such supplies in the Associated Overseas Country or Territory concerned.
                                                     Article 4
  Purchases of fuels, lubricants, hydrocarbon binding agents and, in general, of all materials used for pro
  jects financed by the Community shall be considered to have been made on the internal market and .
  shall be subject to the fiscal treatment prescribed by the laws of general application in the beneficiary
  Associated Overseas Country or Territory concerned.
                                                     Article 5
  Undertakings which need to import specialized equipment for the purpose of carrying out works con
  tracts shall, in respects of that equipment, be entitled, on application and for a period expiring three
  months after the final acceptance of the works, to the temporary admission treatment laid down by the
   laws in force in the Associated Overseas Country or Territory concerned.
                                                     Articled
   The importation into the beneficiary Associated Overseas Country or Territory on a temporary basis of
  specialized equipment required for carrying out tasks specified in a contract for research, inspection or
  supervision shall be free of customs duties and taxes and import charges other than those constituting
  remuneration for the provision of services.
                                                     Article 7
  The importation of personal effects and goods, excluding motor vehicles for personal use, by natural
  persons responsible for carrying out tasks specified in a research, inspection or supervision contract
  shall be free of customs duties and taxes and import charges other than those constituting remuneration
  for the provision of services, on condition that personal effects and goods have been in use at least six
   months and that they are imported within four months of those persons taking up their duties in the
  Associated Country or Territory concerned.
                                                     Articles
  Any matter not covered by this Decision shall be governed by the laws of the Overseas Country or Ter
  ritory concerned.
                                                     Articled
  The foregoing provisions shall be applicable in respect of the performance of all contracts financed by
  the Community and concluded on or after the date of entry into force of this Decision.


title: Council Decision (EU) 2015/372 of 8 October 2014 on the signing, on behalf of the Union and its Member States, and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the government of the State of Israel, of the other part, to take account of the accession to the European Union of the Republic of Croatia

text:
               7.3.2015

               EN

               Official Journal of the European Union

               L 64/1

         COUNCIL DECISION (EU) 2015/372
   of 8 October 2014
   on the signing, on behalf of the Union and its Member States, and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the government of the State of Israel, of the other part, to take account of the accession to the European Union of the Republic of Croatia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(5) thereof,
   Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 14 September 2012, the Council authorised the Commission to open negotiations, on behalf of the Union, its Member States and the Republic of Croatia, to conclude a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part and the government of the State of Israel, of the other part (1), to take account of the accession to the European Union of the Republic of Croatia (‘the Protocol’).

               (2)

               Those negotiations were successfully completed on 12 December 2013.

               (3)

               The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

               (4)

               The Protocol should be applied provisionally,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part and the government of the State of Israel, of the other part, to take account of the accession to the European Union of the Republic of Croatia is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the European Union and its Member States.
   Article 3
   The Protocol shall be applied on a provisional basis, in accordance with Article 3(2) thereof, as from its signing by the parties (2), pending its entry into force.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 8 October 2014.

            For the Council

            The President

         M. LUPI

      (1)  The text of the Agreement is published in OJ L 208, 2.8.2013, p. 3.

      (2)  The date from which the Protocol will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: 2004/563/EC, Euratom: Commission Decision of 7 July 2004 amending its Rules of Procedure

text:
               27.7.2004

               EN

               Official Journal of the European Union

               L 251/9

      COMMISSION DECISION

   of 7 July 2004
   amending its Rules of Procedure
   (2004/563/EC, Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 131 thereof,
   Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 41(1) thereof,
   HAS DECIDED AS FOLLOWS:
   Article 1
   The Commission’s provisions on electronic and digitised documents, the text of which is set out in the Annex to this Decision, are added as an Annex to the Commission’s Rules of Procedure.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 7 July 2004.

            For the Commission

            The President

         Romano PRODI

      ANNEX
      Commission’s provisions on electronic and digitised documents
      Whereas:

                  (1)

                  The effect of the generalised use of the new information and communication technologies by the Commission for its own operation and for its exchanges of documents with the outside world, in particular with Community administrations, including the bodies responsible for the implementation of certain Community policies, and with the national administrations, is that the Commission’s document system contains an increasing number of documents in electronic or digitised form.

                  (2)

                  Following the White Paper on the reform of the Commission (1), of which Actions 7, 8 and 9 aim to ensure the changeover to the ‘e-Commission’, and the communication ‘Towards the e-Commission: Implementation Strategy 2001 to 2005 (Actions 7, 8 and 9 of the Reform White Paper)’ (2), the Commission intensified the development of computer systems which make it possible to manage documents and procedures electronically, in its own working procedures and in relations between departments.

                  (3)

                  By Decision 2002/47/EC, ECSC, Euratom (3), the Commission annexed to its Rules of Procedure provisions on document management to ensure, in particular, that the Commission is able, at any time, to provide information on the matters for which it is accountable. In its communication on simplification and modernisation of the management of its documents (4), the Commission set the medium-term aim of introducing a system of management and electronic archiving of documents based on a body of common rules and procedures applicable to all departments.

                  (4)

                  Documents must be managed in compliance with the security rules which are incumbent on the Commission, in particular as regards classification of documents in accordance with Decision 2001/844/EC, ECSC, Euratom (5), protection of information systems in accordance with its Decision C(95) 1510, and personal data protection in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (6). The Commission’s document system must accordingly be so conceived that information systems, networks and transmission facilities which feed it are protected by adequate security measures.

                  (5)

                  Provisions must be adopted to determine not only the conditions under which electronic and digitised documents and documents transmitted electronically are valid for the Commission’s purposes, where these conditions are not determined elsewhere, but also the conditions under which they are to be stored, guaranteeing the integrity and legibility over time of such documents and of the related metadata throughout the period for which they are to be kept,

            HAS DECIDED AS FOLLOWS:
      Article 1
      Subject matter
      These provisions determine the conditions of validity of electronic and digitised documents for the Commission’s purposes. They are also intended to ensure the authenticity, integrity and legibility over time of these documents and of the relevant metadata.
      Article 2
      Scope
      These provisions apply to electronic and digitised documents established or received and held by the Commission.
      They may be made applicable, by agreement, to electronic and digitised documents held by other entities responsible for applying certain Community policies or to documents exchanged via data transmission networks between administrations of which the Commission is part.
      Article 3
      Definitions
      For the purposes of these provisions, the following definitions shall apply:
      1.   ‘document’: document as defined both by Article 3(a) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (7) and by Article 1 of the provisions on document management annexed to the Rules of Procedure of the Commission, hereinafter referred to as ‘provisions on document management’;
      2.   ‘electronic document’: a data-set input or stored on any type of medium by a computer system or a similar mechanism, which can be read or displayed by a person or by such a system or mechanism, and any display or retrieval of such data in printed or other form;
      3.   ‘document digitisation’: the process of transforming a document on paper or any other traditional type of medium into an electronic image. Digitisation concerns all types of document and can be carried out from various media such as paper, fax, microforms (microfiche, microfilms), photographs, video or audio cassettes and films;
      4.   ‘life cycle of a document’: all the stages or periods in the life of a document from the time it is received or formally drawn up within the meaning of Article 4 of the provisions on document management until its transfer to the Commission’s historical archives and its opening to the public or until its destruction within the meaning of Article 7 of the said provisions;
      5.   ‘Commission’s document system’: all documents, files and metadata drawn up, received, recorded, classified and stored by the Commission;
      6.   ‘integrity’: the fact that the information contained in the document and the relevant metadata are complete (all the data are present) and correct (each data item is unchanged);
      7.   ‘legibility over time’: the fact that the information contained in the documents and the relevant metadata remain easily readable by any person who is required or entitled to have access to them throughout the life cycle of the documents, from their formal establishment or reception until their transfer to the Commission’s historical archives and their opening to the public or until their authorised destruction in accordance with their required storage period;
      8.   ‘metadata’: the data describing the context, contents and structure of documents and their management over time, as determined by the implementing rules for the application of the provisions on document management and to be supplemented by the implementing rules for the application of these provisions;
      9.   ‘electronic signature’: electronic signature within the meaning of Article 2(1) of Directive 1999/93/EC of the European Parliament and of the Council (8);
      10.   ‘advanced electronic signature’: electronic signature within the meaning of Article 2(2) of Directive 1999/93/EC.
      Article 4
      Validity of electronic documents
      1.   Whenever the applicable Community or national provision requires the signed original of a document, an electronic document drawn up or received by the Commission satisfies this requirement if the document in question bears an advanced electronic signature which is based on a qualified certificate and which is created by a secure signature creation device or an electronic signature offering equivalent assurances with regard to the functionalities attributed to a signature.
      2.   Whenever the applicable Community or national provision requires a document to be drawn up in writing without, however, requiring a signed original, an electronic document drawn up or received by the Commission satisfies this requirement if the person from whom it emanates is duly identified and the document is drawn up under such conditions as to guarantee the integrity of its contents and of the relevant metadata and is stored in accordance with the conditions laid down in Article 7.
      3.   The provisions of this Article shall apply from the day following the adoption of the implementing rules referred to in Article 9.
      Article 5
      Validity of electronic procedures
      1.   Where a procedure specific to the Commission requires the signature of an authorised person or the approval of a person at one or more stages of the procedure, the procedure may be managed by computer systems provided that each person is identified clearly and unambiguously and the system in question ensures that the contents, including as regards the stages of the procedure, cannot be altered.
      2.   Where a procedure involves the Commission and other entities and requires the signature of an authorised person or the approval of a person at one or more stages of the procedure, the procedure may be managed by computer systems offering conditions and technical assurances determined by agreement.
      Article 6
      Transmission by electronic means
      1.   The transmission of documents by the Commission to an internal or external recipient may be carried out by the communication technique best adapted to the circumstances of the case.
      2.   Documents may be transmitted to the Commission by any communication technique, including electronic means: fax; e-mail; electronic form; website etc.
      3.   Paragraphs 1 and 2 shall not apply where specific means of transmission or formalities connected with transmission are required by the applicable Community or national provisions or by an agreement between the parties.
      Article 7
      Storage
      1.   Electronic and digitised documents shall be stored by the Commission throughout the period required, under the following conditions:

                  (a)

                  the document shall be preserved in the form in which it was drawn up, sent or received or in a form which preserves the integrity not only of its contents but also of the relevant metadata;

                  (b)

                  the contents of the document and the relevant metadata must be readable throughout the storage period by any person who is authorised to have access to them;

                  (c)

                  as regards a document sent or received electronically, information which makes it possible to determine its origin and destination and the date and time of despatch or receipt are part of the minimum metadata to be preserved;

                  (d)

                  as regards electronic procedures managed by computer systems, information concerning the formal stages of the procedure must be stored under such conditions as to ensure that those stages and the authors and participants can be identified.

            2.   For the purposes of paragraph 1 the Commission shall set up an electronic file deposit system to cover the entire life cycle of the electronic and digitised documents.
      The technical conditions of the electronic file deposit system shall be laid down by the implementing rules provided for by in Article 9.
      Article 8
      Security
      Electronic and digitised documents shall be managed in compliance with such security rules as are incumbent on the Commission. To that end, the information systems, networks and transmission facilities which feed the Commission's document system shall be protected by adequate security measures concerning document classification, protection of information systems and personal data protection.
      Article 9
      Implementing rules
      Implementing rules for the application of these provisions shall be drawn up in coordination with the Directorates-General and similar departments and shall be adopted by the Secretary-General of the Commission, in agreement with the Director-General responsible for information technology in the Commission.
      They shall be regularly updated to reflect developments in information and communication technology and such new obligations as may become incumbent on the Commission.
      Article 10
      Application in departments
      Each Director-General or Head of Service shall take the necessary measures to ensure that documents, procedures and electronic systems for which he is responsible meet the requirements of these provisions and of the implementing rules.
      Article 11
      Implementation
      The Secretariat-General of the Commission is instructed to ensure the implementation of these provisions in coordination with the Directorates-General and similar departments, in particular the Directorate-General responsible for information technology in the Commission.

         (1)  C(2000) 200.

         (2)  SEC(2001) 924.

         (3)  OJ L 21, 24.1.2002, p. 23.

         (4)  C(2002) 99 final.

         (5)  OJ L 317, 3.12.2001, p. 1.

         (6)  OJ L 8, 12.1.2001, p. 1.

         (7)  OJ L 145, 31.5.2001, p. 43.

         (8)  OJ L 13, 19.1.2000, p. 12.