Avis juridique important

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42000D0422

2000/422/EC, ECSC, Euratom: Decision of the Representatives of the Governments of the Member States of 22 June 2000 appointing a judge to the Court of Justice of the European Communities

Official Journal L 164 , 05/07/2000 P. 0016 - 0016

Decision of the Representatives of the Governments of the Member Statesof 22 June 2000appointing a judge to the Court of Justice of the European Communities(2000/422/EC, ECSC, Euratom)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 223 thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32b thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,Whereas:Pursuant to Articles 5 and 7 of the Protocol on the Statute of the Court of Justice of the European Communities and to the corresponding provisions of the Protocols on the Statutes of the Court of Justice of the European Coal and Steel Community and of the European Atomic Energy Community and as a consequence of the resignation of Mr Günter Hirsch, a judge should be appointed for the remaining period of Mr Günter Hirsch's term of office,HAVE DECIDED AS FOLLOWS:Article 1Ms Ninon Colneric is hereby appointed judge to the Court of Justice of the European Communities from the date of her swearing in up to and including 6 October 2000.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 22 June 2000.The PresidentV. Valente


title: 2012/96/EU: Council Decision of 17 February 2012 adapting and extending the period of application of the appropriate measures first established by Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

text:
               18.2.2012

               EN

               Official Journal of the European Union

               L 47/47

         COUNCIL DECISION
   of 17 February 2012
   adapting and extending the period of application of the appropriate measures first established by Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement
   (2012/96/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as first amended in Luxembourg on 25 June 2005 (2), and amended for the second time in Ouagadougou on 23 June 2010 (3), hereinafter referred to as ‧the ACP-EU Partnership Agreement‧, and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (4), and in particular Article 3 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               By Council Decision 2002/148/EC (5), the consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EU Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken. Those measures have been extended each year since then.

               (2)

               By Council Decision 2011/106/EU (6), the period of application of the measures was extended for a further period of 12 months until 20 February 2012.

               (3)

               In the meantime, the creation of the Government of National Unity (GNU) has been recognised as an opportunity to re-establish a constructive relationship between the European Union and Zimbabwe and to support the implementation of its reform programme.

               (4)

               While the overall situation has improved, the implementation of political reforms remains slow, and certain essential elements of the ACP-EU Partnership Agreement, to which the GNU had committed in the Global Political Agreement, still need to be implemented.

               (5)

               The European Union recognises the efforts made by the Southern African Development Community and South Africa, as facilitators of the Global Political Agreement, to establish an environment conducive to credible elections. The completion of a peaceful referendum on the Constitution would represent an important part of this process,

         HAS ADOPTED THIS DECISION:
   Article 1
   The measures referred to in the letter annexed to this Decision are hereby maintained as appropriate measures within the meaning of Article 96(2)(c) of the ACP-EU Partnership Agreement.
   Those measures shall apply for a period of 6 months from 20 February 2012 until 20 August 2012. They shall be kept under constant review and shall be reassessed in light of concrete progress in the implementation of the Global Political Agreement and the preparation of peaceful and credible elections.
   The letter annexed to this Decision shall be addressed to the President of Zimbabwe, Mr Mugabe, and copied to Prime Minister Tsvangirai and Mr Welshman Ncube.
   Article 2
   This Decision shall enter into force on the day of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 17 February 2012.

            For the Council

            The President

         M. SAREEN

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 209, 11.8.2005, p. 27.

      (3)  OJ L 287, 4.11.2010, p. 3.

      (4)  OJ L 317, 15.12.2000, p. 376.

      (5)  OJ L 50, 21.2.2002, p. 64.

      (6)  OJ L 43, 17.2.2011, p 31.

      ANNEX

         LETTER TO THE PRESIDENT OF ZIMBABWE

      The European Union attaches the utmost importance to the provisions of Article 9 of the ACP-EU Partnership Agreement. As essential elements of the Partnership Agreement, respect for human rights, democratic institutions and the rule of law form the basis of our relations.
      By letter of 19 February 2002, the European Union informed you of its decision to conclude the consultations held under Article 96 of the ACP-EU Partnership Agreement and to take appropriate measures within the meaning of Article 96(2)(c) of that Agreement. By annual letters, the latest one dated 23 February 2011, the European Union informed you of its decisions not to revoke the appropriate measures and to extend their period of application.
      Since its inception in 2009, progress achieved by the Government of National Unity based on the Global Political Agreement (GPA) has been welcomed by the European Union. The European Union reiterates the great importance it attaches to the political dialogue provided for in Article 8 of the ACP-EU Partnership Agreement, and officially launched at the request of the Government of Zimbabwe at the EU-Zimbabwe Ministerial Troika on 18-19 June 2009 in Brussels. As agreed by both parties, the objective of this political dialogue is to progressively normalise EU-Zimbabwe relations along the implementation of the reforms foreseen in the GPA, paving the way for peaceful and credible elections.
      As part of its overall re-engagement process, the European Union has taken steps towards easing measures applying to Zimbabwe. Appropriate measures were modified to allow support to institutions and processes related to the implementation of the GPA. The European Union has provided provisional transitional financial assistance in the form of short-term packages.
      Since then, the European Union has continued supporting the ongoing efforts of the Government of National Unity to implement the GPA, and has welcomed the achievements made in stabilising the economy and restoring basic social services. However, the European Union still awaits progress on several of the political reforms of the GPA, including the constitutional process and reforms needed to create a conducive environment for peaceful and credible elections, as well as progress in the areas of respect for human rights and the rule of law. In this context, the European Union welcomes the facilitation efforts led by the Republic of South Africa and the Southern African Development Community, and the establishment of a roadmap agreed by all parties.
      The European Union welcomes recent statements made by all Zimbabwean parties against political violence, and remains hopeful that recent social and economic progress will be complemented by political reforms leading to peaceful and credible elections.
      To further accompany the transitional process, the European Union has decided:

                  —

                  to extend its appropriate measures set out in Council Decisions 2002/148/EC and 2010/97/CFSP for a reduced period of 6 months, thereby reiterating the European Union's willingness to reconsider its position at any time following concrete steps in implementing the Global Political Agreement and in preparing for elections,

                  —

                  to prepare a Country Strategy Paper in the framework of the European Development Fund to be signed and implemented as soon as conditions allow.

            Meanwhile, the European Union will continue to provide transitional assistance to the economic recovery, social sectors and the implementation of the GPA.
      All the other measures listed in the Annex to Council Decision 2002/148/EC shall continue to apply without changes. The Council Decision may, if circumstances change, be reviewed at any time prior to 20 August 2012.
      In the light of the above, the European Union wishes to invite the Government of Zimbabwe to an intensified political dialogue under Article 8 of the ACP-EU Partnership Agreement in order to define further steps towards normalisation of EU-Zimbabwe relations. Against this background, the European Union would welcome the visit of the Zimbabwe Re-engagement Committee to Brussels, which it hopes can be arranged for the near future.
      Yours faithfully,

               For the Commission

            …

               For the Council

            …


Avis juridique important

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31994D0355

94/355/EC: Decision of the European Parliament of 21 April 1994 giving discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1992 financial year

Official Journal L 156 , 23/06/1994 P. 0048 - 0049

DECISION OF THE EUROPEAN PARLIAMENT of 21 April 1994 giving discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1992 financial  year (94/355/EC)THE EUROPEAN PARLIAMENT,  - having regard to the EC Treaty and in particular Article 206 thereof,  - having regard to the statement of accounts of the European Foundation for the Improvement of Living and Working Conditions and the report of the Court of Auditors on this subject (C3-0488/93),  - having regard to the Council Decision of 21 March 1994 (C3-0149/94),  - having regard to the report of the Committee on Budgetary Control (A3-0181/94),  1. Notes the following figures for the accounts of the European Foundation for the Improvement of Living and Working Conditions:    1992 Financial year  "Ecu"" ID="1">Revenue> ID="2">11 122 643,82"> ID="1">1. Subsidy from the Commission> ID="2">10 874 103,35"> ID="1">2. Bank interests> ID="2">186 798,86"> ID="1">3. Other> ID="2">61 741,61"> ID="1">Expenditure"> ID="1">1.  Final budget appropriations> ID="2">10 785 000,00"> ID="1">2. Commitments> ID="2">10 547 620,16"> ID="1">3. Unused appropriations> ID="2">237 379,84"> ID="1">4. Payments> ID="2">8 646 761,76"> ID="1">5. Carry-overs from 1991> ID="2">2 046 216,81">  ID="1">6. Payments against appropriations carried over> ID="2">1 959 720,19"> ID="1">7. Appropriations carried over and cancelled (5-6)> ID="2">104 496,62"> ID="1">8. Carry-overs to 1993> ID="2">1 900 858,40"> ID="1">9. Cancellations (1-4-8)>  ID="2">237 379,84"> 2. Notes that the Council adopted the Foundation's new financial regulation on 30 June 1993; asks the Foundation to pursue its efforts to bring its administrative procedures into line with that regulation;  3. Stresses that the subsidy from the European Community budget must be paid over in instalments by the fifteenth day of each quarter and in accordance with actual requirements; asks the Foundation to ensure that its forecasts of the real needs for each  quarter are as accurate as possible;  4. Notes that there has been no formal reply the Irish Government to the Foundation's repeated approaches aimed at reaching an agreement concerning ownership of the land on which the Foundation's new building is located;  5. Therefore asks the Commission to present a report to its Committee on Budgetary Control in time for the 1995 budgetary procedure outlining the situation and making proposals in respect of ownership of the land on which the Foundation's new building  is sited;  6. Notes the detailed data supplied in response to its request for a report on the Foundation's management of contracts over the period from 1983 to 1992; instructs its Committee on Budgetary Control to analyse those data and report back to it as  appropriate; calls upon the Foundation henceforward to report annually to Parliament on its management of contracts, and invites the Court of Auditors to extend its annual audit to this area;  7. Recalls that under the Foundation's new financial provisions Parliament will be required to include in its discharge decisions an assessment of the responsibility of the Administrative Board's budgetary management during the financial year in  question; therefore asks the Court of Auditors to ensure that its annual audits provide the information necessary to enable Parliament to fulfill this obligation;  8. Gives discharge to the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1992 financial year, on the basis of the report of the Court of Auditors;  9. Instructs its President to forward this decision to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors and to have it published in the  Official Journal of the European Communities (L series).  Done at Strasbourg, 21 April 1994.  The Secretary-General Enrico VINCI The President Dr Egon KLEPSCH


title: 2011/158/EU: Decision of the European Parliament, of the Council and of the Commission of 15 February 2011 on renewing the term of office of the members of the Supervisory Committee of the European Anti-fraud Office (OLAF)

text:
               15.3.2011

               EN

               Official Journal of the European Union

               L 67/26

         DECISION OF THE EUROPEAN PARLIAMENT, OF THE COUNCIL AND OF THE COMMISSION
   of 15 February 2011
   on renewing the term of office of the members of the Supervisory Committee of the European Anti-fraud Office (OLAF)
   (2011/158/EU)
   THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision 1999/352/EC, ECSC, Euratom of 28 April 1999 establishing the European Anti-fraud Office (OLAF) (1) and in particular Article 4,
   Having regard to Regulation (EC) No 1073/1999 of the European Parliament and of the Council (2) and to Council Regulation (Euratom) No 1074/1999 (3) concerning investigations conducted by the European Anti-fraud Office (OLAF), and in particular Article 11(2),
   Having regard to Decision 2005/833/EC, Euratom of the European Parliament, of the Council and of the Commission of 4 November 2005 appointing the members of the Supervisory Committee of the European Anti-Fraud Office (OLAF) (4),
   Whereas:

               (1)

               Article 11(2) of Regulations (EC) No 1073/1999 and (Euratom) No 1074/1999 provides that the Supervisory Committee ‘shall be composed of five independent outside persons who possess the qualifications required for appointment in their respective countries to senior posts relating to the Office's areas of activity’ and that those persons shall be appointed by common accord of the European Parliament, the Council and the Commission.

               (2)

               According to Article 11(3), the term of office of the members of the Supervisory Committee shall be 3 years and shall be renewable once. The term of office of the current members of the Supervisory Committee expired on 30 November 2008. They continued to exercise their function upon the expiry of their term of office in accordance with Article 11(4) of the Regulations.

               (3)

               Given that the term of the office of the members of the Supervisory Committee should not exceed 6 years, the term of office of the current members, who remained in office upon expiry of their first term, should be renewed until 30 November 2011,

         HAVE ADOPTED THIS DECISION:
   Article 1
   The following are reappointed members of the Supervisory Committee of the European Anti-fraud Office (OLAF) until 30 November 2011:

               —

               Mr Peter STRÖMBERG,

               —

               Mr Kálmán GYÖRGYI,

               —

               Ms Rosalind WRIGHT,

               —

               Mr Luis LÓPEZ SANZ-ARÁNGUEZ,

               —

               Ms Diemut R. THEATO.

         Article 2
   The persons concerned shall be notified of this decision by the Commission.
   Article 3
   This decision shall have effect as from 1 December 2008.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 15 February 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         MARTONYI J.

            For the Commission

         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 136, 31.5.1999, p. 20.

      (2)  OJ L 136, 31.5.1999, p. 1.

      (3)  OJ L 136, 31.5.1999, p. 8.

      (4)  OJ L 312, 29.11.2005, p. 49.


Avis juridique important

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31978D0634

78/634/EEC: Council Decision of 18 July 1978 replacing a deputy member of the Administrative Islands, after becoming independent, of the arrangements provided for in Decision 76/568/EEC on the association of the overseas countries and territories with the European Economic Community

Official Journal L 203 , 27/07/1978 P. 0033 - 0034

****( 1 ) OJ NO L 176 , 1 . 7 . 1976 , P . 8 .  ( 2 ) OJ NO L 147 , 3 . 6 . 1978 , P . 39 .        COUNCIL DECISION   OF 18 JULY 1978   ON THE PROVISIONAL APPLICATION TO THE SOLOMON ISLANDS , AFTER BECOMING INDEPENDENT , OF THE ARRANGEMENTS PROVIDED FOR IN DECISION 76/568/EEC ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY  ( 78/634/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DECISION 76/568/EEC OF 29 JUNE 1976 ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AS LAST AMENDED BY DECISION 78/465/EEC ( 2 ), AND IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 55 ( 2 ) THEREOF ,   WHEREAS , PURSUANT TO THE LATTER PROVISION OF DECISION 76/568/EEC THE ARRANGEMENTS PROVIDED FOR THEREIN MAY CONTINUE TO APPLY PROVISIONALLY , UNDER CONDITIONS LAID DOWN BY THE COUNCIL , TO COUNTRIES AND TERRITORIES WHICH BECOME INDEPENDENT ;   WHEREAS THE SOLOMON ISLANDS MENTIONED IN ANNEX I RELATING TO THE LIST OF COUNTRIES AND TERRITORIES REFERRED TO BY THAT DECISION ACHIEVED INDEPENDENCE ON 7 JULY 1978 ;   WHEREAS IT SHOULD BE DECIDED TO CONTINUE TO APPLY PROVISIONALLY THE ARRANGEMENTS PROVIDED FOR IN THE ABOVEMENTIONED DECISION TO THIS STATE AND TO LAY DOWN THE CONDITIONS FOR SUCH APPLICATION WITHOUT PREJUDICE TO SUBSEQUENT RECOURSE TO THE FIRST SUBPARAGRAPH OF ARTICLE 55  ( 2 ) AND TO ARTICLE 56 THEREOF ;   WHEREAS THE ACP-EEC CONVENTION OF LOME IS OPEN , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 89 THEREOF , TO THE ACCESSION OF A COUNTRY OR TERRITORY TO WHICH PART FOUR OF THE TREATY APPLIES AND WHICH HAS BECOME INDEPENDENT ; WHEREAS SUCH ACCESSION CAN TAKE PLACE ONLY FOLLOWING A REQUEST BY THE STATE CONCERNED AND WITH THE APPROVAL OF THE ACP-EEC COUNCIL OF MINISTERS ;   WHEREAS THE SOLOMON ISLANDS HAVE SUBMITTED A REQUEST FOR ACCESSION TO THE ACP-EEC CONVENTION OF LOME ;   WHEREAS THE PROVISIONAL APPLICATION OF DECISION 76/568/EEC WITH REGARD TO THAT STATE SHOULD BE LIMITED IN TIME ;   WHEREAS IN ORDER TO AVOID ANY BREAK IN CONTINUITY IN FINANCING DECISIONS IN FAVOUR OF THE SOLOMON ISLANDS , BETWEEN THEIR ACCESSION TO THE ACP-EEC CONVENTION OF LOME AND THE ENTRY INTO FORCE OF THE DECISION ADJUSTING THE AMOUNTS MADE AVAILABLE TO THE EUROPEAN DEVELOPMENT FUND WHICH THE COUNCIL IS TO TAKE PURSUANT TO ARTICLE 1 ( 4 ) OF THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID OF 1975 , THE SOLOMON ISLANDS SHOULD BE PERMITTED TO CONTINUE TO BENEFIT UNTIL THE DATE OF THE ENTRY INTO FORCE OF THE SAID DECISION FROM THE PROVISIONS OF DECISION 76/568/EEC RELATING TO FINANCIAL AND TECHNICAL COOPERATION ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE ARRANGEMENTS LAID DOWN BY DECISION 76/568/EEC SHALL REMAIN PROVISIONALLY APPLICABLE TO THE SOLOMON ISLANDS , UNTIL THE LATTER ACCEDES TO THE ACP-EEC CONVENTION OF LOME AND NOT LATER THAN 6 JULY 1979 .   HOWEVER , THE SOLOMON ISLANDS SHALL CONTINUE TO BENEFIT FROM THE PROVISIONS OF THE SAID DECISION RELATING TO FINANCIAL AND TECHNICAL COOPERATION UNTIL THE DATE OF ENTRY INTO FORCE OF THE DECISION ADJUSTING THE AMOUNTS MADE AVAILABLE TO THE EUROPEAN DEVELOPMENT FUND WHICH THE COUNCIL IS TO TAKE PURSUANT TO ARTICLE 1 ( 4 ) OF THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID SIGNED ON 11 JULY 1975 .   ARTICLE 2   QUESTIONS RELATING TO THE APPLICATION OF DECISION 76/568/EEC TO THE SOLOMON ISLANDS , AFTER THEY HAVE BECOME INDEPENDENT , SHALL BE DEALT WITH , AS NECESSARY , BY DIRECT CONTACT BETWEEN THE COMPETENT AUTHORITIES OF THAT STATE AND OF THE COMMUNITY .   ARTICLE 3   THIS DECISION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL APPLY FROM 7 JULY 1978 .   DONE AT BRUSSELS , 18 JULY 1978 .   FOR THE COUNCIL   THE PRESIDENT   M . LAHNSTEIN


title: 2005/769/EC: Commission Decision of 27 October 2005 laying down rules for the procurement of food aid by NGOs authorised by the Commission to purchase and mobilise products to be supplied under Council Regulation (EC) No 1292/96 and repealing its Decision of 3 September 1998

text:
               5.11.2005

               EN

               Official Journal of the European Union

               L 291/24

         COMMISSION DECISION
   of 27 October 2005
   laying down rules for the procurement of food aid by NGOs authorised by the Commission to purchase and mobilise products to be supplied under Council Regulation (EC) No 1292/96 and repealing its Decision of 3 September 1998
   (2005/769/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European community,
   Having regard to Council Regulation (EC) No 1292/96 of 27 June 1996 on food-aid policy and food-aid management and special operations in support of food security (1), and in particular Article 19(1) thereof,
   Whereas:

               (1)

               Article 3(1) of Commission Regulation (EC) No 2519/97 of 16 December 1997 laying down general rules for the mobilisation of products to be supplied under Council Regulation (EC) No 1292/96 as Community food aid (2), allows the Commission to authorise international and non-governmental organisations which are beneficiaries of Community aid to purchase and mobilise the products for use as aid supplies themselves, provided that the Commission establishes the rules and procedures which shall then apply.

               (2)

               Article 164 of 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) (the implementing rules), provides that where the implementation of an action for which a Community grant may be received involves procurement, the grant agreement concluded for that purpose should include the procurement rules with which the beneficiary must comply.

               (3)

               Article 120 of 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) (Financial Regulation) subjects the award of procurement contracts by the beneficiary of a grant to the principles set out in the Financial Regulation and its Implementing Rules.

               (4)

               The procurement rules to be followed by the bodies identified in part 2 of the Annex to Regulation (EC) No 1292/96 for the implementation of food aid policy are already laid down in the contribution agreements concluded by the Commission with those international organisations for that purpose; for non-governmental organisations (NGOs), the procurement rules and other conditions which are necessary for the mobilisation of food aid and for respecting the financial principles laid down in the Financial Regulation and its implementing rules should be based in particular on those established by Regulation (EC) No 2519/97, adapted as necessary to take into account the financial management situation.

               (5)

               The procurement rules should apply where the Commission authorises NGOs to purchase and mobilise food aid in the framework of the contracts to be signed for implementing the annual food aid work programme, without prejudice to the discretion for the Commission’s authorising officer to include in such contracts additional requirements for sound financial management purposes. Commission Decision of 3 September 1998 should therefore be repealed.

               (6)

               Pursuant to Article 29 of Regulation (EC) No 1292/96, the Food Aid and Food Security Committee has been informed of the present measure,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The rules for the procurement of food aid by non-governmental organisations authorised by the Commission to purchase and mobilise products to be supplied under Regulation (EC) No 1292/96 are laid down in the Annex to this Decision. Those rules shall form an integral part of the contracts and conventions concluded by the Commission for that purpose.
   Article 2
   The Commission Decision of 3 September 1998 authorising certain organisations receiving Community food aid to purchase certain products for supply as Community food aid themselves is repealed.
   Article 3
   This Decision takes effect on the date of its publication.

      Done at Brussels, 27 October 2005.

            For the Commission

         Louis MICHEL

            Member of the Commission

      (1)  OJ L 166, 5.7.1996, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (2)  OJ L 346, 17.12.1997, p. 23.

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

      (4)  OJ L 248, 16.9.2002, p. 1.
   ANNEX
   The non-governmental organisation beneficiary of Community aid (hereinafter the NGO) shall apply the following rules for the mobilisation of products to be supplied under Regulation (EC) No 1292/96 as Community food aid, without prejudice to any additional financial management requirements included in the contract concluded with the beneficiary for implementing food aid policy.
   I.   GENERAL PRINCIPLES
   This Annex shall apply to goods to be supplied ‘free at destination’.
   II.   PLACE OF PURCHASE OF THE GOODS
   Depending on the conditions laid down for a particular supply, the product to be supplied shall be purchased in the European Community, or a developing country listed in the Annex to Regulation (EC) No 1292/96, belonging if possible to the same geographical region. To the extent possible, priority should be given to purchases in the country of operation or a neighbouring country.
   In exceptional circumstances and in accordance with the procedures laid down in Article 11(2) of Regulation (EC) No 1292/96, products may be purchased on the market of a country other than those listed in the Annex to Regulation (EC) No 1292/96.
   The NGO shall ensure that the products to be supplied as food aid can be freely imported in the beneficiary country and will not be subject to any import duty or tax having equivalent effect.
   III.   CHARACTERISTICS OF THE PRODUCTS
   The products shall as much as possible match the nutritional habits of the beneficiary population.
   The characteristics of the products to be mobilised as food aid shall be consistent with the requirements laid down in the Communication from the Commission relating to the characteristics of products to be supplied as Community food aid (1).
   Furthermore, packaging shall be consistent with the requirements laid down in the Communication from the Commission relating to the packaging of products to be supplied as Community food aid (2).
   IV.   NATIONALITY RULES
   Participation in the tender procedures provided for in the framework of the mobilisation of products to be supplied as food aid shall be open on equal terms to any natural or legal person from the European Community or from a developing country listed in the Annex to Regulation (EC) No 1292/96.
   The tenderer must be legally registered and able to show proof of it on request.
   V.   GROUNDS FOR EXCLUSION FROM PARTICIPATION IN PROCUREMENT PROCEDURES AND FROM AWARD OF CONTRACTS
   1.   Grounds for exclusion from participation in procurement procedures
   Tenderers are excluded from participation in a procurement procedure if:

               (a)

               they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

               (b)

               they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

               (c)

               they have been guilty of grave professional misconduct proven by any means which the beneficiary of the grant can justify;

               (d)

               they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the grant beneficiary or those of the country where the contract is to be performed;

               (e)

               they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities’ financial interests;

               (f)

               following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations.

         Tenderers must certify that they are not in one of the situations listed above.
   2.   Exclusion from award of contracts
   Contracts may not be awarded to tenderers who, during the procurement procedure:

               (a)

               are subject to a conflict of interest;

               (b)

               are guilty of misrepresentation in supplying the information required by the beneficiary of the grant as a condition of participation in the contract procedure or fail to supply this information.

         VI.   AWARD PROCEDURES
   1.   General provisions
   The NGO shall launch an international open invitation to tender for supply contracts with a value of EUR 150 000 or more. In the case of an international open invitation to tender, the NGO shall publish a tender notice in all appropriate media, in particular on the NGO’s web site, in the international press and the national press of the country in which the Action is being carried out, or in other specialist periodicals.
   Supply contracts for a value of EUR 30 000 or more but less than EUR 150 000 shall be awarded by means of an open tender procedure published locally. In the case of a local open tender procedure, the tender notice shall be published in all appropriate media but only in the country in which the Action is being carried out. It must however provide other eligible suppliers with the same opportunities as local firms.
   Supply contracts with a value of less than EUR 30 000 must be awarded by means of a competitive negotiated procedure without publication, in which the NGO consults at least three suppliers of its choice and negotiates the terms of the contract with one or more of them.
   Supply contracts with a value of less than EUR 5 000 may be awarded on the basis of a single tender.
   The time-limits for receipt of tenders and requests to participate must be long enough to allow interested parties a reasonable and appropriate period to prepare and submit their tenders.
   2.   Negotiated procedure
   The beneficiary may use the negotiated procedure on the basis of a single tender in the following cases:

               (a)

               where, for reasons of extreme urgency brought about by events which the beneficiary could not have foreseen and which can in no way be attributed to him, the time-limit for the procedures referred to in section VI.1 above cannot be kept. The circumstances invoked to justify extreme urgency must in no way be attributable to the beneficiary.
               Actions carried out in crisis situations identified by the Commission are considered to satisfy the test of extreme urgency. The Commission will inform the beneficiary if a crisis situation exists and when it comes to an end;

               (b)

               for additional deliveries by the original supplier intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations, where a change of supplier would oblige the beneficiary to acquire equipment having different technical characteristics which would result in either incompatibility or disproportionate technical difficulties in operation and maintenance;

               (c)

               where the tender procedure has been unsuccessful, that is where no qualitatively and/or financially worthwhile tender has been received. In such cases, after cancelling the tender procedure, the beneficiary may negotiate with one or more tenderers of its choice, from among those that took part in the tender procedure, provided that the initial terms of the tender procedure are not substantially altered;

               (d)

               where the contract concerned be awarded to bodies with a de jure or de facto monopoly, duly substantiated in the Commission’s award decision;

               (e)

               a direct agreement contract may be undertaken where warranted by the particular conditions of a supply and, in particular, in the case of an experimental supply.

         3.   Obligations for the submission of a tender
   The NGO shall specify in the tender notice the form and the deadline according to which the tenderer’s bid must be made.
   All requests to participate and tenders declared as satisfying the requirements must be evaluated and ranked by an evaluation committee on the basis of the exclusion, selection and award criteria announced in advance. This committee must have an odd number of members, at least three, with all the technical and administrative capacities necessary to give an informed opinion on the tenders.
   One single tender may be submitted for each lot. It shall be valid only if it relates to a complete lot. Where a lot is subdivided into part lots, the tender shall be established as an average thereof. Where the invitation to tender relates to the supply of more than one lot, a separate tender shall be submitted per lot. The tenderer is not obliged to present a tender for all the lots.
   Tenders shall provide:

               —

               the tenderer’s name and address,

               —

               the reference numbers of the invitation to tender, lot and action,

               —

               the net weight of the lot or the specific monetary amount to which the tender relates,

               —

               the proposed price per net metric tonne of product at which the tenderer undertakes to carry out the supply in accordance with the conditions laid down;

         or

               —

               where the invitation to tender is for a contract to supply a maximum quantity of a given product for a specific monetary amount, the net quantity of products offered,

               —

               the transport costs for the specified delivery stage,

               —

               the delivery deadline.

         The tender shall be valid only if it is accompanied by evidence that a tendering guarantee has been lodged. The amount of the tendering guarantee, expressed in the currency of the payment, and the period of validity, shall be laid down in the tender notice. The guarantee shall represent minimum 1 % of the total amount of the bid, and the period of validity shall be at least one month.
   The guarantee shall be lodged in favour of the NGO in the form of a security from a credit establishment recognised by a Member State or accepted by the NGO. The guarantee shall be irrevocable and capable of being called at first request.
   In case of mobilisation in the country which is itself the beneficiary of the food aid, the NGO may define in the tender notice other conditions for the guarantee taking account of the customs of the country.
   The guarantee shall be released:

               —

               by a letter or a fax by the NGO where the tender has not been accepted or has been rejected, or where no contract has been awarded,

               —

               where the tenderer, designated as the supplier, has lodged the delivery guarantee.

         The guarantee shall be forfeited if the supplier fails to provide the delivery guarantee within a reasonable deadline following the award of the contract and also if the tenderer withdraws his tender after it has been received.
   A tender which is not submitted in accordance with these provisions or contains reservations or conditions other than those laid down for in the invitation to tender shall be rejected.
   No tender may be changed or withdrawn after it has been received.
   The award shall be made to the tenderer who submitted the lowest tender respecting all the conditions of the invitation to tender, in particular the characteristics of the products to be mobilised. Where the lowest tender is presented simultaneously by a number of tenderers, the contract shall be awarded by the drawing of lots.
   When the contract is awarded, both the supplier and the unsuccessful tenderers shall be duly notified by letter or fax.
   The NGO may decide not to award the contract on the expiry of the first or of the second dead-line, in particular where the tenders submitted are outside the range of normal market prices. The NGO shall not be required to give reasons for its decision. Tenderers shall be informed of the decision not to award the contract by written notice, within three working days.
   VII.   OBLIGATIONS OF THE SUPPLIER AND CONDITIONS OF SUPPLY
   The NGO shall specify in the tender notice the conditions relevant to the responsibilities of the supplier under the present rules, and the supplier shall perform his obligations in accordance with all conditions laid down in the tender notice as well as those arising from his tender.
   The supplier shall arrange transport at his own expense by the route most appropriate having regard to the approved deadline, from the port of shipment or loading quay indicated in his tender to the final place of destination specified in the tender notice.
   However, at the supplier’s written request the NGO may authorise the port of shipment or the loading quay to be changed, provided any costs this entails are borne by the supplier.
   The supplier shall take out a maritime insurance policy or claim cover under a general policy. The insurance shall be for at least the tender amount and shall cover all risks associated with carriage and any other supply-related activity by the supplier up to the stage of delivery specified. It shall also cover all costs of sorting, withdrawal or destruction of damaged goods, repacking and analysis of goods where an average does not preclude their acceptance by the beneficiary.
   The goods may not be delivered in split consignments on more than one vessel, unless the NGO so agrees. In that case, the NGO shall require the supplier to bear the additional checking costs.
   Where appropriate, the tender notice may specify a date before which any delivery will be considered premature.
   The supply shall be complete when all the goods have actually been delivered ‘free at destination’. The supplier shall bear all the costs until the goods are made available at the warehouse of destination.
   The supplier shall bear all risks, including loss or deterioration, to which the goods may be subject until completion of the supply and recording of that fact by the monitor in the final certificate of conformity (see point VIII).
   The supplier shall notify the beneficiary and the monitor promptly in writing of the means of transport used, the loading dates, the expected date of arrival at destination, and any incident occurring while the goods are in transit.
   The supplier shall carry out the formalities relating to the export license and customs clearance, bearing the related costs and charges.
   In order to ensure that he meets his obligations, the supplier shall lodge a delivery guarantee within a reasonable deadline following the notification of the award of the contract. That guarantee, expressed in the currency of the payment, shall represent 5 to 10 % of the total amount of the tender. The period of validity shall end one month after the date of the final delivery. It shall be lodged in the same way as the tendering guarantee.
   The delivery guarantee shall be released in full by a letter or a fax by the NGO when the supplier:

               —

               has carried out the supply in compliance with all his obligations, or

               —

               has been released from his obligations;

         or

               —

               has not carried out the supply for reasons of force majeure recognised by the NGO.

         VIII.   MONITORING
   As soon as the contract has been awarded, the NGO shall inform the supplier of the agency which will be responsible for verifying and certifying the quality, quantity, packing and marking of the goods to be delivered in respect of each supply, issuing the certificate of conformity or the certificate of delivery, and generally coordinating all stages of the supply operation (hereinafter referred to as the monitoring agency).
   After the notification of the award of the contract, the supplier shall inform in writing the monitoring agency of the name and address of the manufacturer, packer or stockholder of the goods to be delivered, and the approximate date of manufacture or packaging, as well as of the name of his representative at the place of delivery.
   The monitoring agency shall carry out at least two checks, based on terms of reference complying with international monitoring standards, as follows:

               (a)

               a provisional check shall be carried out when the goods are loaded or at the factory. The final check shall be carried out at the delivery stage specified;

               (b)

               when the provisional check is complete, the monitoring agency shall issue a provisional certificate of conformity to the supplier, subject to reservation if necessary. The monitoring agency shall state whether any reservation is such as to render the goods unacceptable at the delivery stage;

               (c)

               when the final check is complete, the monitoring agency shall issue a final certificate of conformity to the supplier specifying in particular the date of completion of the supply and the net quantity supplied; such certificate shall be subject to reservations if necessary;

               (d)

               where the monitoring agency issues a reasoned ‘notice of reservation’, it shall notify the supplier and the NGO in writing as soon as possible. If the supplier wishes to dispute the findings with the monitoring agency and the NGO, he shall do so within two working days of dispatch of this notice.

         The costs of the checks referred to above shall be borne by the NGO. The supplier shall bear any financial consequences in the event of qualitative shortcomings or late presentation of the goods for checking.
   If the supplier or the beneficiary objects to the findings of a check, the monitoring agency, after authorisation of the NGO, shall arrange for a review inspection involving, according to the nature of the objection, a review sampling, review analysis, and/or a reweighing or rechecking of the packaging. The review inspection shall be carried out by an agency or laboratory designated by agreement between the supplier, the final beneficiary and the monitoring agency.
   The costs of this review inspection shall be borne by the losing party.
   If the final certificate of conformity is not issued after the checks or review inspection has been carried out, the supplier shall be obliged to replace the goods.
   The replacement and related checks’ costs shall be borne by the supplier.
   The monitoring agency shall issue written invitations to the representatives of the supplier and of the final beneficiary to be present at the checking operations, in particular for the taking of samples to be used for analyses. The taking of samples shall be carried out in accordance with professional practice. When sampling is undertaken, the monitoring agency shall take two additional samples which shall be kept under seal at the NGO’s disposal for the purpose of any further check or in the event of objections being raised by the beneficiary or supplier.
   The cost of the goods taken as samples shall be borne by the supplier.
   Recipient of the goods shall issue a taking-over certificate to the supplier without delay after the goods have been supplied ‘free at destination’ and the supplier has provided the beneficiary with the original of the final certificate of conformity, and with a pro forma invoice establishing both the value of the goods and their transfer to the beneficiary free of charge.
   For goods supplied in bulk, a tolerance of 3 % by weight (excluding the weight of samples) below the quantity requested is applicable. For goods supplied in packing, this tolerance is limited to 1 %. Where the tolerances are exceeded, the NGO may require the supplier to make an additional delivery on the same financial terms as the initial delivery.
   IX.   TERMS OF PAYMENT
   The sum to be paid by the NGO to the supplier shall not exceed the amount of the tender plus any costs, less any reduction provided for below.
   Where the quality, the packaging or the marking of the goods is found at the delivery stage not to correspond to the specifications, without being such as to have prevented the issuance of a taking over certificate, the NGO, in calculating the sum to be paid, may apply reductions.
   Except in cases of force majeure, the delivery guarantee shall be partially forfeit on a cumulative basis in the following cases:

               —

               10 % of the value of the quantities not delivered, without prejudice to the tolerances referred to in point 8 above,

               —

               0,1 % of the value of the quantities supplied after the deadline, per day of delay,

               —

               where appropriate, and only if this is specified in the tender notice, 0,1 % per day where the goods are delivered prematurely.

         The amount of the guarantees to be forfeited shall be deducted from the final amount to be paid. The guaranties shall then be released simultaneously in full.
   The NGO may repay to the supplier, at his written request, certain additional costs, such as warehousing or insurance actually paid by the supplier, but excluding any administrative costs, which the NGO shall assess on the basis of appropriate supporting documents, provided a taking-over certificate or delivery certificate has been issued without reservations relating to the nature of the costs claimed, and in the event of:

               —

               an extension of the delivery period at the recipient's request, or

               —

               a delay exceeding 30 days between the date of delivery and the issue of the taking-over certificate, or the issue of the final certificate of conformity.

         Additional costs shall not be accepted if they exceed:

               —

               EUR 1 per tonne of bulk goods and EUR 2 per tonne of processed goods per week in the case of warehousing costs,

               —

               0,75 % a year of the value of the goods in the case of insurance costs.

         The sum to be paid shall be payable at the supplier’s request submitted in duplicate. A request for payment of the full amount of the tender or balance thereof shall be accompanied by the following documents:

               —

               an invoice for the sum claimed,

               —

               the original of the taking-over certificate,

               —

               a copy signed and certified by the supplier as conforming to the original of the final certificate of conformity.

         When 50 % of the total quantity laid down in the tender notice has been delivered, the supplier may present a request for advance payment accompanied by an invoice for the sum claimed and a copy of the provisional certificate of conformity.
   All requests for payment of the full amount of the tender or balance thereof shall be presented to the NGO after issuance of the taking-over certificate. All payments shall be made within 60 days of the receipt by the NGO of a complete and accurate request for payment. Unjustified delays shall attract post-maturity interest at the monthly rate applied by the European Central Bank.
   X.   FINAL PROVISION
   It shall be for the NGO to decide whether the supplier’s failure to supply the goods or to fulfil one of his obligations may be due to force majeure. Costs resulting from a case of force majeure recognised by the NGO shall be borne by the latter.

      (1)  OJ C 312, 31.10.2000, p. 1.

      (2)  OJ C 267, 13.9.1996, p. 1.


title: 2008/365/EC: Commission Decision of 30 April 2008 setting up a group of experts on financial education

text:
               9.5.2008

               EN

               Official Journal of the European Union

               L 125/36

      COMMISSION DECISION

   of 30 April 2008
   setting up a group of experts on financial education
   (2008/365/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               Article 3 of the Treaty establishing the European Community lists, as one of the activities of the Community, an internal market characterised by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital.

               (2)

               Article 95 of the Treaty establishing the European Community requires the Commission, in its proposals on the establishment and functioning of the internal market concerning consumer protection, to take as a base a high level of protection, taking account of any new development based on scientific facts.

               (3)

               Article 149 of the Treaty establishing the European Community requires the Community to contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity.

               (4)

               Article 153 of the Treaty establishing the European Community requires the Community to promote the interests of consumers and to ensure a high level of consumer protection by contributing to protecting the health, safety and economic interests of consumers, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests.

               (5)

               Financial education is essential to ensure that the Single Market can bring direct benefits to Europe’s citizens by empowering them to make informed decisions on purchasing financial services and to understand essential basics of personal finance, as recognised in the Commission communication A Single Market for 21st Century Europe
                   (1).

               (6)

               The importance of financial education has also been acknowledged in the White Paper Financial Services Policy 2005-2010
                   (2), the Green Paper Retail Financial Services
                   (3), the Ecofin Council Conclusions of 8 May 2007 (4) and the European Parliament Resolution on financial services policy (5).

               (7)

               The Commission issued a communication Financial Education
                   (6), which among other initiatives announced the setting-up of a group of experts with practical experience in financial education matters.

               (8)

               The expert group must contribute to sharing and promoting best practice on financial education and must support the Commission in its actions in the area of financial education.

               (9)

               The expert group must be made up of individuals having competence and expertise in the area of financial education, representing a broad range of public and private stakeholders.

               (10)

               The Expert Group on Financial Education therefore needs to be set up and its terms of reference and structures detailed,

         DECIDED AS FOLLOWS:
   Article 1
   The Expert Group on Financial Education, hereinafter referred to as ‘the group’, is hereby set up.
   Article 2
   Tasks
   The group’s tasks shall be to:

               —

               share and promote best practice on financial education;

               —

               advise the Commission on how the principles for the provision of high-quality financial education schemes, contained in the Commission communication Financial Education, are being implemented;

               —

               assist the Commission in identifying any legal, regulatory, administrative and other obstacles to the provision of financial education;

               —

               advise the Commission on how the obstacles identified should be addressed;

               —

               contribute to preparation of the various initiatives presented in the communication on financial education, and to an evaluation of those initiatives planned for 2010.

         The Commission may consult the group on any matter relating to financial education.
   Article 3
   Composition — Appointment
   1.   Upon adopting this Decision, the Commission shall publish a call for applications from Member State authorities, academic institutions, financial services providers, consumer organisations and other groups where appropriate which wish to propose candidates for membership of the group. Applications from individuals shall also be admitted.
   2.   The members of the group shall be appointed by the Commission from specialists with competence and experience in the area of financial education. The members shall be appointed in a personal capacity and shall be required to advise the Commission independently of any outside influence.
   3.   Applicants deemed suitable for membership but not appointed may be placed on a reserve list, which the Commission may use to appoint replacements.
   4.   The group shall have a maximum of 25 members.
   5.   The following provisions shall apply:

               —

               Members of the group are appointed for a three-year renewable period. They remain in the office until such time as they are replaced or their term of office ends. Their term of office starts with the first meeting of the group.

               —

               Members who are no longer able to contribute effectively to the group’s deliberations, who resign or who do not respect the conditions set out in this paragraph or in Article 287 of the Treaty establishing the European Community may be replaced for the remaining period of their mandate.

               —

               Members appointed in a personal capacity sign an undertaking each year to act in the public interest and a declaration stating whether or not they have any interest which may undermine their objectivity.

               —

               The names of the members will be published in the public register of expert groups and on the Internet site of the Directorate-General for the Internal Market and Services. The names of members will be collected, processed and published in accordance with Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data.

         Article 4
   Operation
   1.   The group shall be chaired by the Commission.
   2.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference decided by the group. Such sub-groups shall be disbanded as soon as their remits have been fulfilled.
   3.   Observers with specific competence on a subject on the agenda may be invited by the Chair to participate in the group’s or sub-group’s deliberations if this is useful and/or necessary.
   4.   Information obtained by participating in the group’s or sub-group’s deliberations may not be divulged if the Commission states that it relates to confidential matters.
   5.   The group and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule laid down by the Commission, which shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.
   6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission (7).
   7.   The Commission may publish any summary, conclusion, partial conclusion or working document of the group on the Internet site of the Directorate-General for the Internal Market and Services in the original language of the document concerned.
   Article 5
   Meeting expenses
   1.   The Commission shall reimburse travel and subsistence expenses for members and observers in connection with the group’s activities, in accordance with the provisions in force at the Commission. The members shall not be remunerated for the services they render.
   2.   Meeting expenses shall be reimbursed within the limits of the appropriations allocated to the department concerned under the annual procedure for allocating resources.
   Article 6
   Entry into force
   This decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 30 April 2008.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  COM(2007) 724 and the accompanying Staff Working Paper ‘Initiatives in the Area of Retail Financial Services’, SEC(2007) 1520.

      (2)  COM(2005) 629 final.

      (3)  COM(2007) 226.

      (4)  9171/07 (Presse 97).

      (5)  P6_TA-PROV(2007)0338/A6-0248/2007.

      (6)  COM(2007) 808.

      (7)  Annex III to document SEC(2005) 1004.


Avis juridique important

|

32002D0613(01)

European Parliament decision adapting its Rules of Procedure to the provisions of European Parliament and Council Regulation (EC) No 1049/2001 on public access to Parliament, Council and Commission documents (2001/2135(REG))

Official Journal C 140 E , 13/06/2002 P. 0120 - 0120

European Parliament decision adapting its Rules of Procedure to the provisions of European Parliament
and Council Regulation (EC) No 1049/2001 on public access to Parliament, Council and
Commission documents (2001/2135(REG))
The European Parliament,
- having regard to the letter of 29 June 2001 from its President,
- having regard to Article 255 of the EC Treaty, Articles 28(1) and 41(1) of the EU Treaty and Articles
42 and 52(2) of the Charter of Fundamental Rights of the European Union,
- having regard to Rule 181 of its Rules of Procedure,
- having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee
on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0349/2001),
1. Decides to amend its Rules of Procedure as indicated above;
2. Decides to revoke the Bureau decisions of 10 July 1997 on public access to Parliament documents
and of 17 April 1998 on fees to be paid for delivery of very large documents;
3. Instructs its President to forward this decision to the Council and Commission, for information.


Important legal notice

|

52007BP0115(02)

2. European Parliament decision of 24 April 2007 on closing the accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2005 (C6-0389/2006 - 2006/2156(DEC))

Official Journal 074 E , 20/03/2008 P. 0197 - 0198

		2.European Parliament decision of 24 April 2007 on closing the accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2005 (C6-0389/2006 — 2006/2156(DEC))The European Parliament,- having regard to the final annual accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2005, together with the Centre's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof,- having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [3], and in particular Article 185 thereof,- having regard to Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia [4], and in particular Article 12a thereof,- having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 [5], and in particular Article 94 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0118/2007),1. Notes that the final annual accounts of the European Monitoring Centre on Racism and Xenophobia for the financial years 2004 and 2005 are as follows:Source: Data compiled by the Centre. This table summarises the data supplied by the Centre in its own annual accounts.(in 1000 EUR) |Revenue and expenditure account for the financial years 2004 and 2005 || 2005 | 2004 |RevenueCommunity subsidies | 8189 | 5675 |Other revenue | 151 | 455 |Financial revenue | | 21 |Phare subsidy | 90 | 82 |Total revenue (a) | 8430 | 6233 |ExpenditureStaff — Title I of the budget— Payments | 3008 | 2645 |— Appropriations carried over | 70 | 85 |Administration — Title II of the budget— Payments | 550 | 447 |— Appropriations carried over | 582 | 37 |Operating activities — Title III of the budget— Payments | 2731 | 2352 |— Appropriations carried over | 667 | 745 |Assigned revenue (Phare and other)— Payments | 0 | 7 |— Appropriations carried over | 90 | 0 |Total expenditure (b) | 7698 | 6318 |Outturn for the financial year (a-b) | 732 | -85 |Balance carried over from the previous financial year | 231 | 98 |Appropriations carried over, cancelled | 210 | 241 |Appropriations for re-use from the previous financial year, not used | | 0 |Amounts due written off | | -23 |Exchange-rate differences | -2 | 0 |Balance for the financial year | 1171 | 231 |2. Approves closing the accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2005;3. Instructs its President to forward this decision to the director of the European Monitoring Centre on Racism and Xenophobia, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).[1] OJ C 266, 31.10.2006, p. 46.[2] OJ C 312, 19.12.2006, p. 93.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 151, 10.6.1997, p. 1. Regulation as amended by Regulation (EC) No 1652/2003 (OJ L 245, 29.9.2003, p. 33).[5] OJ L 357, 31.12.2002, p. 72.--------------------------------------------------


Avis juridique important

|

E1994C1020(01)

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections

Official Journal C 292 , 20/10/1994 P. 0013 - 0013

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections (94/C 292/07)Date of adoption: 7. 9. 1994Member State: FinlandAid No: 94-023Title: Employment subsidy for unemployed young with vocational or university degreesObjective: Improve possibilities of young graduates to be employed in jobs corresponding to their educationLegal basis:Employment Act (Työllisyyslaki (275/87))Employment Decree (Työllisyysasetus (130/93))Budget:Subsidies for the private sector only:- 1994: Fmk 100 million- 1995: Fmk 300 million- 1996: Fmk 300 millionAid intensity: Fmk 3 500 per month per personDuration: 1994 to 1996Conditions: Annual reportDate of adoption: 7. 9. 1994Member State: FinlandAid No: 94-024Title: Employment subsidy for apprenticeship trainingObjective: Increase training opportunities of young unemployed by granting the aid to an employer that makes a apprenticeship contract (i) for vocational training with under 25-year old, unskilled, unemployed young or (ii) for further training with under 30-year old unemployed young with basic trainingLegal basis:Employment Act (Työllisyyslaki (275/87))Employment Decree (Työllisyysasetus (130/93))Budget:Subsidies for the private sector only:- 1994: Fmk 48 million- 1995: Fmk 180 million- 1996: Fmk 202 millionAid intensity: Fmk 1 500 to 2 500 per month per personDuration: 1994 to 1996Conditions: Annual report


title: 2008/375/EC: Council Decision of 29 April 2008 concerning the conclusion of the Agreement between the European Community and the Republic of Turkey on the participation of the Republic of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction

text:
               17.5.2008

               EN

               Official Journal of the European Union

               L 129/48

         COUNCIL DECISION
   of 29 April 2008
   concerning the conclusion of the Agreement between the European Community and the Republic of Turkey on the participation of the Republic of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction
   (2008/375/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 152 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first paragraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               Council Regulation (EEC) No 302/93 of 8 February 1993 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction (2), provides, in Article 13 thereof, that the Centre is to be open to the participation of non-Community countries which share the Community’s interests and those of its Member States in the Centre’s objectives and work.

               (2)

               The Agreement between the European Community and the Republic of Turkey on the participation of the Republic of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction was signed on behalf of the Community on 30 October 2007 (3), subject to its conclusion.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Agreement between the European Community and the Republic of Turkey on the participation of the Republic of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction is hereby approved on behalf of the Community.

      Done at Luxembourg, 29 April 2008.

            For the Council

            The President

         D. RUPEL

      (1)  ΟJ C 308 E, 16.12.2006, p. 17.

      (2)  OJ L 36, 12.2.1993, p. 1. Regulation as last amended by Regulation (EC) No 1651/2003 (OJ L 245, 29.9.2003, p. 30).

      (3)  OJ L 323, 8.12.2007, p. 24.


Avis juridique important

|

31964D0301

64/301/EEC: Council Decision of 8 May 1964 on co- operation between Member States in the field of international monetary relations

Official Journal 077 , 21/05/1964 P. 1207 - 1208 Finnish special edition: Chapter 10 Volume 1 P. 0005  Danish special edition: Series I Chapter 1963-1964 P. 0134  Swedish special edition: Chapter 10 Volume 1 P. 0005  English special edition: Series I Chapter 1963-1964 P. 0143  Greek special edition: Chapter 10 Volume 1 P. 0034  Spanish special edition: Chapter 10 Volume 1 P. 0032  Portuguese special edition Chapter 10 Volume 1 P. 0032

COUNCIL DECISION of 8 May 1964 on co-operation between Member States in the field of international monetary relations (64/301/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 105 (1) and the first indent of Article 145 thereof;  Having regard to the Recommendation of the Commission of 19 June 1963;  Having regard to the Opinion of the European Parliament 1;  Having regard to the Opinion of the Economic and Social Committee 2;  Whereas there should be close co-ordination of the policies of the Member States in the field of international monetary relations and the most appropriate method of ensuring such co-ordination is for the necessary consultations to be held within the Monetary Committee;  HAS DECIDED AS FOLLOWS:    Article 1 Consultations shall take place within the Monetary Committee in respect of any important decision or position taken by Member States in the field of international monetary relations and concerning in particular:    - the general working of the international monetary system:       - recourse by a Member State to resources which can be mobilised within the framework of international agreements;       - participation by one or more Member States in substantial monetary support operations in favour of third countries.          Article 2 The Member States shall take the aforesaid decisions or positions only after the consultations referred to in Article 1 have been held, unless circumstances and in particular the time limits for taking them require otherwise.     Done at Brussels, 8 May 1964.  For the Council  The President  H. FAYAT   1 OJ No 24, 8.2.1964, p. 409/64.  2 OJ No 38, 5.3.1964, p. 652/64.


title: 2005/119/EC: Decision of the Secretaries-General of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Comittee of the Regions and the Representative of the European Ombudsman of 26 January 2005 on the organisation and running of the European Administrative School

text:
               10.2.2005

               EN

               Official Journal of the European Union

               L 37/17

      DECISION OF THE SECRETARIES-GENERAL OF THE EUROPEAN PARLIAMENT, THE COUNCIL, THE COMMISSION, THE COURT OF JUSTICE, THE COURT OF AUDITORS, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMITTEE OF THE REGIONS AND THE REPRESENTATIVE OF THE EUROPEAN OMBUDSMAN

   of 26 January 2005
   on the organisation and running of the European Administrative School
   (2005/119/EC)
   THE SECRETARIES-GENERAL OF THE EUROPEAN PARLIAMENT, THE COUNCIL, THE COMMISSION, THE REGISTRAR OF THE COURT OF JUSTICE, THE SECRETARIES-GENERAL OF THE COURT OF AUDITORS, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE, THE COMMITTEE OF THE REGIONS AND THE REPRESENTATIVE OF THE EUROPEAN OMBUDSMAN,
   Having regard to the Staff Regulations of officials of the European Communities and to the Conditions of Employment of other servants of the European Communities, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1),
   Having regard to the Decision 2005/118/EC of the European Parliament, 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 European Ombudsman of 26 January 2005 setting up a European Administrative School (2), and in particular Article 5 thereof,
   Having consulted the Staff Regulations Committee,
   Whereas:

               (1)

               Inter-institutional cooperation on training should be reinforced, in particular with a view to transmitting values common to all the Community institutions. Such cooperation represents considerable value added, in particular in terms of access to training, a wider range of training on offer and a reduction in unit costs.

               (2)

               The principle of sound management dictates that a gradual approach should be adopted to setting up the European Administrative School, hereafter ‘the School’.

               (3)

               The Decision setting up the School leaves scope for the Secretaries-General, the Registrar of the Court of Justice and the Representative of the Ombudsman to identify the fields of training to be assigned to it.

               (4)

               Where one of the signatory institutions implements a staff policy requiring training in a special field which the School is called upon to provide, such a policy should be facilitated by ensuring a minimum number of places on the School’s courses for staff of that institution, especially if such training is obligatory or a precondition for exercising particular functions, particularly management functions.

               (5)

               The School, like any other training body, should draw advantage from cooperation at European level by participating in relevant networks.

               (6)

               The details of the attachment of the School to the European Communities Personnel Selection Office, as provided for in Article 4 of the Decision setting up the School, should be laid down,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Duties of the European Administrative School
   1.   The European Administrative School, hereafter ‘the School’, shall design, organise and evaluate, on behalf of the signatory institutions to the Decision setting up the School (hereafter ‘the institutions’), the following types of training:

               (a)

               management courses for officials and other servants who are called upon, or may be called upon, to perform management functions;

               (b)

               induction courses for new members of staff;

               (c)

               compulsory training as provided for in Article 45a of the Staff Regulations as part of the process for transferring between function groups.

         2.   Management and induction courses as referred to in points (a) and (b) of paragraph 1 may be organised by each of the institutions to supplement those organised by the School in line with their own specific needs. The School shall have exclusive responsibility for organising the training referred to in point (c) of paragraph 1.
   Article 2
   Responsibilities of the institutions
   1.   The appointing authority in each institution shall make a sufficient number of officials available to the School as trainers according to rules adopted by the Management Board as provided for in point (g) of Article 7.
   2.   At the request of the School and depending on availability, the institutions shall provide it with training rooms in accordance with rules to be set by the Management Board.
   Article 3
   Other services
   1.   Under an agreement between the Principal of the School and any body, office or agency, the School may admit participants from them to the courses which it organises on behalf of the institutions to the extent that there are places free.
   2.   Specifically in the case of the training provided for in point (c) of Article 1(1), a number of places shall be reserved each year for the Community bodies, offices and agencies, taking account of declared needs, in order to guarantee equal treatment of staff assigned to them in connection with Article 45a of the Staff Regulations. The number of places and the contributions to costs shall be set each year by the Management Board.
   3.   By written agreement, the School may include courses in its training programmes which are requested by a Community body, office or agency provided this does not hinder the organising of courses for the institutions. Any agreement of this kind shall set out the financial details of the services to be provided by the School and shall require the prior approval of the Management Board before coming into effect.
   4.   Where appropriate, and at the request of an institution or any Community body, office or agency, the School may provide assistance in the form of training expertise or other activities relating to its field of responsibility by means of an agreement with the Principal of the School setting out the financial details of this service.
   Article 4
   Complaints and requests
   1.   The Principal of the School shall exercise the powers conferred on the appointing authority under Article 90 of the Staff Regulations in respect of all requests or complaints relating to the tasks of the School.
   2.   In the event of any such complaints, the Principal of the School shall consult the Chairman of the Management Board where he or she intends to endorse the original decision.
   3.   The School shall answer requests from the European Ombudsman concerning any matter falling within its area of responsibility under this Decision.
   Article 5
   Organisation of activities
   1.   As a general rule, the courses organised by the School shall be given in both Brussels and Luxembourg. Other places of employment may be taken into consideration, consistent with the principle of sound management.
   2.   The Management Board shall ensure balanced access to courses for staff of the different institutions. It shall ensure, in particular, that a minimum number of places on the School’s courses are available for staff of any institution, where special training which the School has been asked to provide is obligatory or a precondition for exercising particular functions, particularly management functions. As part of the process of devising the annual work programme, any institution concerned shall notify its needs in the relevant fields. Appropriate priority shall be given in the final work programme to organising such courses.
   3.   So that signatory institutions may be able to cope with special and temporary situations, they may ask the School to admit a number of participants which is higher than its relative share of the total population, transferring to it the requisite budget resources. Article 3(2) shall apply.
   4.   The School may engage in cooperation with other colleges of administration, institutes and universities active in the same field. Such cooperation may include mutual exchanges.
   Article 6
   Management Board
   During the period when the School is attached to the European Communities Personnel Selection Office, hereafter ‘the Office’, the function of the Management Board of the School shall be carried out by the Management Board of the Office according to the terms of Article 5 of Decision 2002/621/EC of the Secretaries-General of the European Parliament, the Council and the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the Economic and Social Committee and the Committee of the Regions, and the Representative of the European Ombudsman (3).
   Article 7
   Tasks of the Management Board
   In the common interest of the institutions, the Management Board shall:

               (a)

               acting by a qualified majority, approve the rules governing the running of the School;

               (b)

               acting by a simple majority on a proposal from the Principal of the School, approve the organisational structure of the School;

               (c)

               acting by a simple majority under the budget procedure on the basis of a draft drawn up by the Principal of the School, prepare an estimate of the School's revenue and expenditure and send it to the Commission with a view to the drawing-up of the estimate of the Commission's revenue and expenditure; at the same time it shall propose to the Commission any adjustments to the School’s establishment plan that it deems necessary;

               (d)

               acting by a simple majority, approve the type of and the rates chargeable for additional services that the School may perform against payment for the institutions, bodies, offices and agencies and the terms and conditions on which the School may perform them;

               (e)

               acting unanimously on a proposal from the Principal of the School, approve the work programme. The work programme shall also cover services not relating directly to training activities;

               (f)

               acting by a qualified majority on the basis of a draft drawn up by the Principal of the School, approve an annual management report covering all individual revenue and expenditure headings relating to work performed and services provided by the School. Before 1 May each year, it shall send to the institutions the report on the preceding financial year, drawn up in the light of the analytical accounts;

               (g)

               acting by a qualified majority on the basis of training needs, define the rules governing how each institution is to provide the School with an adequate number of officials to serve as trainers.

         Article 8
   Appointment of staff
   1.   While the School is attached to the Office, the function of Principal of the School shall be carried out by the Head of the Office.
   2.   The Principal shall be the appointing authority for the staff of the School.
   3.   The Principal shall inform the Management Board of appointments made, contracts signed, promotions granted and disciplinary proceedings initiated against officials or other servants.
   4.   The officials of all Community institutions shall be informed of posts vacant within the School as soon as the Appointing Authority decides to fill those posts.
   5.   When carrying out tasks judged non-essential, the School may make use of contract staff as defined in Article 3a(1)(c) of the Conditions of employment of other servants.
   Article 9
   Duties of the Principal and management of staff
   1.   The Principal shall be responsible for the smooth running of the School. Within the area of responsibility of the Management Board, he or she shall act under the authority of the latter. He or she shall provide secretarial services for the Management Board, shall report to it on the performance of his or her duties and shall submit to it any suggestion for the smooth running of the School.
   2.   Administrative procedures connected with the day-to-day management of staff, such as salaries, leave, and sickness, accident and retirement insurance, shall be carried out under the same conditions as for the officials and other servants of the Commission. That list shall not be exhaustive and the School may extend it to cover other areas in agreement with the Commission.
   Article 10
   The Head of the School
   1.   While the School is attached to the Office, a Head of the School shall be appointed by the Commission after obtaining the Management Board’s opinion in favour, arrived at by simple majority. The Management Board shall be closely involved in the procedures to be followed for appointing the Head of the School, in particular the drafting of the vacancy notice and the scrutiny of applications.
   2.   The Head of the School shall be responsible, under the authority of the Head of the Office, for carrying out the duties set out in Article 2 of the Decision setting up the European Administrative School. He or she shall attend the meetings of the Management Board which discuss points falling within his or her responsibility.
   Article 11
   Financial aspects
   1.   The appropriations allocated to the School, the total amount of which shall be entered in a separate budget heading within the section of the budget relating to the Commission, shall be set out in detail in an Annex to that section. That Annex shall take the form of a statement of revenue and expenditure, subdivided in the same way as the sections of the budget.
   2.   The establishment plan of the School shall be annexed to the Commission’s establishment plan.
   3.   As regards the appropriations for the School entered in the Annex hereto, the Commission shall, on the basis of a proposal from the Management Board, delegate the powers of authorising officer to the Principal of the School and shall set the limits and conditions applying to that delegation of powers. At the end of the financial year the Management Board shall inform the budgetary authority of the breakdown of amounts obtained in return for extra services provided by the School, within the budget heading in the Annex hereto.
   4.   The School’s budget shall be drawn up and executed in accordance with Council Regulation (EC, Euratom) No 1605/2002 (4).
   5.   While the School is attached to the Office, the financial provisions in paragraphs 1 to 4, and in particular the budget for the School and its staff, shall be dealt with in the context of the budget of the Office. The rules relevant to the Office’s budget shall apply. To make it easier to identify the resources allocated to the School while complying with the budget rules, the staff of the School shall be shown separately in the Office’s establishment plan and the operational appropriations specific to the School shall be given in a separate Article of Annex IV.
   Article 12
   Review of duties
   1.   This Decision shall be reviewed, as regards the duties referred to in Article 1(1), at the earliest after a period of three years following the establishment of the School.
   2.   Any changes to these duties shall require the unanimous agreement of the Secretaries-General, the Registrar of the Court of Justice and the Representative of the Ombudsman on the basis of a relevant proposal adopted by the Management Board by a qualified majority as defined in Article 5(6) of Decision 2002/621/EC in the light of a detailed report prepared by the Principal.
   Article 13
   Review of the attachment to the Office
   1.   At the latest at the end of the School’s third year of activity, the Head of the Office shall prepare a detailed report to the Management Board regarding the administrative attachment of the School to the Office. The Management Board may decide to end this attachment by a decision taken in accordance with the rules laid down in Article 4(3) of the Decision setting up the School. Where the Management Board decides that the attachment should continue, its decision shall include a reasoned opinion.
   2.   Where the Management Board decides under the procedure provided for in paragraph 1 that the attachment shall be renewed, it shall indicate in the decision the date by which it will re-examine the matter.
   Article 14
   Effective date
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 26 January 2005.

            For the European Parliament

            The Secretary-General

         Julian PRIESTLEY

            For the Commission

            The Secretary-General

         David O’SULLIVAN

            For the Court of Auditors

            The Secretary-General

         Michel HERVÉ

            For the Committee of the Regions

            The Secretary-General

         Gerhard STAHL

            For the Council

            The Deputy General Secretary

         Pierre DE BOISSIEU

            For the Court of Justice

            The Registrar

         Roger GRASS

            For the European Economic and Social Committee

            The Secretary-General

         Patrick VENTURINI

            The European Ombudsman

         Nikiforos DIAMANDOUROS

      (1)  OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 31/2005 (OJ L 8, 12.1.2005, p. 1).

      (2)  See page 14 of this Official Journal.

      (3)  OJ L 197, 26.7.2002, p. 56.

      (4)  OJ L 248, 16.9.2002, p. 1.


title: Council Decision of 30 January 1978 on the Community financing of certain expenditure relating to food aid in the form of cereals supplied under the 1978 programme

text:
15 . 2 . 78                           Official Journal of the European Communities                               No L 44/25
                                                   COUNCIL DECISION
                                                     of 30 January 1978
                on the Community financing of certain expenditure relating to food aid in the
                               form of cereals supplied under the 1978 programme
                                                         (78 / 146/ EEC)
THE COUNCIL OF THE EUROPEAN                                          — for Bangladesh, Republic of Cape Verde, Comoros,
COMMUNITIES,                                                             Ethiopia, Gambia, Guinea, Guinea Bissau, Mauri
                                                                         tania, Mozambique, Sao Tome and Principe,
Having regard to the Treaty establishing the European                    Senegal, Vietnam, Zaire and the Catholic Relief
Economic Community,
                                                                         Service : financing shall cover expenditure
Having regard to Council Regulation (EEC) No                             incurred between the port of shipment and the
 1703/72 of 3 August 1972 amending Regulation                            port of unloading ;
(EEC) No 2052/69 on the Community financing of                       — for Chad, Lesotho, Niger, Rwanda, Upper Volta,
expenditure arising from the implementation of the                       the International Committee of the Red Cross, the
Food Aid Convention of 1967, and laying down rules                       League of Red Cross Societies and the United
for the Community financing of expenditure arising                       Nations Children's Fund : financing shall cover
from the implementation of the Food Aid Convention                       expenditure incurred between the port of ship
of 1971 ( J ), and in particular Articles 8 ( 1 ) and 10 ( 1 )           ment and the destination ;
thereof,                                                             — for the World Food Programme and the United
Having regard to the proposal from the Commission,                       Nations Relief and Works Agency for Palestine
                                                                         Refugees : financing shall cover expenditure
Having regard to the opinion of the European Parlia                     incurred between the port of shipment and the
ment (2),                                                                destination and the costs of distribution ;
Whereas certain countries and organizations in receipt               — for emergency measures set off against the
of food aid in the form of cereals under the 1978                        reserve : financing may cover both the expenditure
programme would have difficulty, given their                             incurred between the port of shipment and the
                                                                         destination and the costs of distribution where the
economic and financial situation, in covering
forwarding costs from the port of shipment ; whereas                     aid is forwarded through an international organiza
                                                                         tion ;
such costs should consequently be borne by the
Community,                                                           — all or part of the financing may take the form of a
                                                                         lump-sum contribution where this is provided for
                                                                         in the delivery arrangements established with the
HAS DECIDED AS FOLLOWS :                                                 recipient.
                         Sole Article
Within the framework of Community measures of                        Done at Brussels, 30 January 1978 .
food aid in the form of cereals under the               1978
                                                                                For the Council
programme, Community financing shall cover
forwarding and distribution costs incurred beyond                                                 The President
delivery to the port of shipment, in accordance with
the following arrangements :                                                                      P. DALSAGER
(•) OJ No L 180, 8 . 8 . 1972, p. 1 .
(2) Opinion delivered on 20 January 1978 (not yet published
    in the Official Journal).