title: Council Decision (EU) 2015/771 of 7 May 2015 on the position to be taken on behalf of the European Union within the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, as regards the amendment of Annex III (Mutual recognition of professional qualifications) to that Agreement

text:
               14.5.2015

               EN

               Official Journal of the European Union

               L 121/7

         COUNCIL DECISION (EU) 2015/771
   of 7 May 2015
   on the position to be taken on behalf of the European Union within the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, as regards the amendment of Annex III (Mutual recognition of professional qualifications) to that Agreement
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 46, 53 and 62, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (1) (‘the Agreement’) was signed on 21 June 1999 and entered into force on 1 June 2002.

               (2)

               Pursuant to Article 18 of the Agreement, amendments to Annex III (Mutual recognition of professional qualifications) thereto are to be adopted by decision of the Joint Committee established under Article 14 of the Agreement (‘the Joint Committee’).

               (3)

               In order to maintain the consistent and correct application of legal acts of the Union and to avoid administrative, and possibly legal, difficulties, Annex III (Mutual recognition of professional qualifications) to the Agreement should be amended to take account of new legal acts of the Union to which the Agreement does not currently refer.

               (4)

               It is appropriate to establish the position to be taken on behalf of the Union within the Joint Committee as regards the amendment of Annex III (Mutual recognition of professional qualifications) to the Agreement.

               (5)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the Joint Committee established under Article 14 of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (‘the Joint Committee’), as regards the amendment of Annex III (Mutual recognition of professional qualifications) thereto shall be based on the draft Decision of the Joint Committee attached to this Decision.
   Minor technical changes to the draft Decision may be agreed by the representatives of the Union within the Joint Committee without the need for a further Council Decision.
   Article 2
   After its adoption, the Decision of the Joint Committee shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 7 May 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  OJ L 114, 30.4.2002, p. 6.

      DRAFT
      DECISION No …/2015 OF THE JOINT COMMITTEE
      established under Article 14 of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons
      of …
      amending Annex III (Mutual recognition of professional qualifications) to that Agreement
      THE JOINT COMMITTEE,
      Having regard to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (1) (‘the Agreement’), and in particular Articles 14 and 18 thereof,
      Whereas:

                  (1)

                  The Agreement was signed on 21 June 1999 and entered into force on 1 June 2002.

                  (2)

                  Annex III (Mutual recognition of professional qualifications) to the Agreement was replaced by Decision No 2/2011 of the EU-Swiss Joint Committee (2) and should be updated to take into account new legal acts of the European Union and Switzerland since that date,

            HAS ADOPTED THIS DECISION:
      Article 1
      Annex III (Mutual recognition of professional qualifications) to the Agreement is amended as set out in the Annex to this Decision.
      Article 2
      This Decision is drawn up in Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, the texts in each of these languages being equally authentic.
      Article 3
      This Decision shall enter into force on the date of its adoption by the Joint Committee.

         Done at …,

               For the Joint Committee

               The Chairperson

         (1)  OJ L 114, 30.4.2002, p. 6.

         (2)  OJ L 277, 22.10.2011, p. 20.

      ANNEX
      Annex III (Mutual recognition of professional qualifications) to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons is hereby amended as follows:

                  1.

                  under ‘SECTION A: ACTS REFERRED TO’ the following indents are added to point 1a:

                              ‘—

                              Commission Regulation (EU) No 623/2012 of 11 July 2012 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications (OJ L 180, 12.7.2012, p. 9);

                              —

                              Communication from the Commission — Notification of the professional associations or organisations fulfilling the conditions of Article 3(2) listed under Annex I to Directive 2005/36/EC (OJ C 182, 23.6.2011, p. 1);

                              —

                              Communication from the Commission — Notification of evidence of formal qualifications — Directive 2005/36/EC on recognition of professional qualifications (Annex V) (OJ C 183, 24.6.2011, p. 1);

                              —

                              Communication from the Commission — Notification of evidence of formal qualifications — Directive 2005/36/EC on recognition of professional qualifications (Annex V) (OJ C 367, 16.12.2011, p. 5);

                              —

                              Communication from the Commission — Notification of evidence of formal qualifications — Directive 2005/36/EC on recognition of professional qualifications (Annex V) (OJ C 244, 14.8.2012, p. 1);

                              —

                              Communication from the Commission — Notification of evidence of formal qualifications — Directive 2005/36/EC on recognition of professional qualifications (Annex V) (OJ C 396, 21.12.2012, p. 1);

                              —

                              Communication from the Commission — Notification of evidence of formal qualifications — Directive 2005/36/EC on recognition of professional qualifications (Annex V) (OJ C 183, 28.6.2013, p. 4);

                              —

                              Communication from the Commission — Notification of evidence of formal qualifications — Directive 2005/36/EC on recognition of professional qualifications (Annex V) (OJ C 301, 17.10.2013, p. 1).’

                        ;

                  2.

                  in point 1g, the following entries are added:

                              ‘Country

                              Title

                              Medical oncology
                              Minimum period of training: 5 years

                              Switzerland

                              Medizinische Onkologie
                              Oncologie médicale
                              Oncologia medica

                              Country

                              Title

                              Medical genetics
                              Minimum period of training: 4 years

                              Switzerland

                              Medizinische Genetik
                              Génétique médicale
                              Genetica medica’

                        ;

                  3.

                  in point 1g, the entry concerning the heading ‘General (internal) medicine’ is replaced by the following:

                              ‘Country

                              Title

                              General (internal) medicine
                              Minimum period of training: 5 years

                              Switzerland

                              Allgemeine Innere Medizin
                              Médecine interne générale
                              Medicina interna generale’

                        ;

                  4.

                  in point 1i, the following entry is added:

                              ‘Country

                              Evidence of formal qualifications

                              Body awarding the evidence of qualifications

                              Professional title

                              Reference date

                              Switzerland

                                          3.

                                          Diplomierte Pflegefachfrau HF, diplomierter Pflegefachmann HF
                                          Infirmière diplômée ES, infirmier diplômé ES
                                          Infermiera diplomata SSS, infermiere diplomato SSS

                              Höhere Fachschulen, die staatlich anerkannte Bildungsgänge durchführen
                              Écoles supérieures qui proposent des filières de formation reconnues par l'État
                              Scuole specializzate superiori che propongono dei cicli di formazione riconosciuti dallo Stato

                              Pflegefachfrau, Pflegefachmann
                              Infirmière, infirmier
                              Infermiera, infermiere

                              1 June 2002’

                        ;

                  5.

                  in point 1m, the table is replaced by the following:

                              ‘Country

                              Evidence of formal qualifications

                              Body awarding the evidence of qualifications

                              Professional title

                              Reference date

                              Switzerland

                                          1.

                                          Diplomierte Hebamme
                                          Sage-femme diplômée
                                          Levatrice diplomata

                              Schulen, die staatlich anerkannte Bildungsgänge durchführen
                              Écoles qui proposent des filières de formation reconnues par l'État
                              Scuole che propongono dei cicli di formazione riconosciuti dallo Stato

                              Hebamme
                              Sage-femme
                              Levatrice

                              1 June 2002

                                          2.

                                          [Bachelor of Science [Name of the UAS] in Midwifery]
                                          “Bachelor of Science HES-SO de Sage-femme” (Bachelor of Science HES-SO in Midwifery)
                                          “Bachelor of Science BFH Hebamme”(Bachelor of Science BFH in Midwifery)
                                          “Bachelor of Science ZFH Hebamme”(Bachelor of Science ZHAW in Midwifery)

                              Schulen, die staatlich anerkannte Bildungsgänge durchführen
                              Écoles qui proposent des filières de formation reconnues par l'État
                              Scuole che propongono dei cicli di formazione riconosciuti dallo Stato

                              Hebamme
                              Sage-femme
                              Levatrice

                              1 June 2002’

                        .


title: Council Decision (CFSP) 2017/50 of 11 January 2017 amending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali)

text:
               12.1.2017

               EN

               Official Journal of the European Union

               L 7/18

         COUNCIL DECISION (CFSP) 2017/50
   of 11 January 2017
   amending Decision 2014/219/CFSP on the European Union CSDP Mission in Mali (EUCAP Sahel Mali)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 15 April 2014, the Council adopted Decision 2014/219/CFSP (1) on the European Union CSDP Mission in Mali (EUCAP Sahel Mali). The mission was endowed with a mandate and a financial reference amount until 14 January 2017.

               (2)

               Following the Strategic Review of the mission, the Political and Security Committee recommended that the mandate of EUCAP Sahel Mali be adapted and extended for a period of 2 years. A financial reference amount should be provided for the period from 15 January 2017 until 14 January 2018.

               (3)

               Decision 2014/219/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2014/219/CFSP is amended as follows:

               (1)

               Article 2 is replaced by the following:
               ‘Article 2
               Objective and Tasks
               1.   The objective of EUCAP Sahel Mali shall be to allow the Malian authorities to restore and maintain constitutional and democratic order and the conditions for lasting peace in Mali, and to restore and maintain State authority and legitimacy throughout the territory of Mali by means of an effective redeployment of its administration.
               2.   In order to support the Malian dynamic in restoring State authority, as well as the implementation of the Accord for Peace and Reconciliation in Mali signed on 15 May and 20 June 2015 and in close coordination with other international actors, in particular MINUSMA, EUCAP Sahel Mali shall assist and advise the ISF in the implementation of the security reform set out by the new Government, with a view to:

                           (a)

                           improving their operational efficacy;

                           (b)

                           re-establishing their respective hierarchical chains;

                           (c)

                           reinforcing the role of judicial and administrative authorities with regard to the management and supervision of their missions; and

                           (d)

                           facilitating their redeployment to the north of the country.

                     3.   EUCAP Sahel Mali shall contribute, within its activities, to the improvement of interoperability and coordination between the internal security forces of Sahel G5 countries and the ISF.
               4.   To achieve its objective, EUCAP Sahel Mali shall operate in accordance with the strategic lines of operation defined in the Crisis Management Concept approved by the Council on 17 March 2014 and set out in the operational planning documents approved by the Council.’.

               (2)

               Article 14(1) is replaced by the following:
               ‘1.   The financial reference amount intended to cover the expenditure related to EUCAP Sahel Mali from 15 April 2014 to 14 January 2015 shall be EUR 5 500 000. The financial reference amount intended to cover the expenditure related to EUCAP Sahel Mali from 15 January 2015 to 14 January 2016 shall be EUR 11 400 000. The financial reference amount intended to cover the expenditure related to EUCAP Sahel Mali between 15 January 2016 and 14 January 2017 shall be EUR 19 775 000. The financial reference amount intended to cover the expenditure related to EUCAP Sahel Mali between 15 January 2017 and 14 January 2018 shall be EUR 29 800 000. The financial reference amount for the subsequent periods shall be decided by the Council.’.

               (3)

               Article 17 is amended as follows:

                           (a)

                           the following paragraph is inserted:
                           ‘1a.   The HR shall be authorised to release to the European Border and Coast Guard Agency (Frontex) EU classified information and documents generated for the purposes of EUCAP Sahel Mali up to the level of classification determined by the Council in accordance with Decision 2013/488/EU. Arrangements between the HR and Frontex shall be drawn up for this purpose.’;

                           (b)

                           paragraph 4 is replaced by the following:
                           ‘4.   The HR may delegate such authorisations and the ability to conclude the arrangements referred to in this Article to EEAS officials, to the Civilian Operations Commander and/or the Head of Mission in accordance with section VII of Annex VI to Decision 2013/488/EU.’.

               (4)

               In Article 18, the last sentence is replaced by the following:
               ‘It shall apply until 14 January 2019.’.

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

      Done at Brussels, 11 January 2017.

            For the Council

            The President

         L. GRECH

      (1)  Council Decision 2014/219/CFSP of 15 April 2014 on the European Union CSDP mission in Mali (EUCAP Sahel Mali), (OJ L 113, 16.4.2014, p. 21).


Avis juridique important

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32001D0391

2001/391/EC: Council Decision of 14 May 2001 appointing a Belgian member of the Committee of the Regions

Official Journal L 138 , 22/05/2001 P. 0021 - 0021

Council Decisionof 14 May 2001appointing a Belgian member of the Committee of the Regions(2001/391/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as member of the Committee of the Regions has become vacant following the resignation of Mr Joseph MARAITE, member, notified to the Council on 30 January 2001;Having regard to the proposal from the Belgian Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Karl-Heinz LAMBERTZ is hereby appointed a member of the Committee of the Regions in place of Mr Joseph MARAITE for the remainder of the latter's term of office, which runs until 25 January 2002.Done at Brussels, 14 May 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 28, 4.2.1998, p. 19.


title: 2013/168/EU: Decision of the European Central Bank of 20 March 2013 repealing Decisions ECB/2011/4 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Irish Government, ECB/2011/10 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Portuguese Government, ECB/2012/32 on temporary measures relating to the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic and ECB/2012/34 on temporary changes to the rules relating to the eligibility of foreign currency denominated collateral (ECB/2013/5)

text:
               5.4.2013

               EN

               Official Journal of the European Union

               L 95/21

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 20 March 2013
   repealing Decisions ECB/2011/4 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Irish Government, ECB/2011/10 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Portuguese Government, ECB/2012/32 on temporary measures relating to the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic and ECB/2012/34 on temporary changes to the rules relating to the eligibility of foreign currency denominated collateral
   (ECB/2013/5)
   (2013/168/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1, Article 12.1, Article 18 and the second indent of Article 34.1,
   Having regard to Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (1), and in particular Section 1.6 and Sections 6.3.1 and 6.3.2 of Annex I thereto,
   Whereas:

               (1)

               The content of Decision ECB/2012/34 of 19 December 2012 on temporary changes to the rules relating to the eligibility of foreign currency denominated collateral (2) should be included in Guideline ECB/2012/18 of 2 August 2012 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral and amending Guideline ECB/2007/9 (3), the core legal act governing temporary measures relating to Eurosystem refinancing operations and eligibility of collateral.

               (2)

               In the interest of clarity and consistency and with a view to simplifying the Eurosystem collateral framework, the content of Decisions ECB/2011/4 of 31 March 2011 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Irish Government (4), ECB/2011/10 of 7 July 2011 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Portuguese Government (5) and ECB/2012/32 of 19 December 2012 on temporary measures relating to the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic (6) should also be included in a guideline covering the temporary measures on the eligibility of collateral for Eurosystem refinancing operations.

               (3)

               These steps, which are implemented by way of a recast of Guideline ECB/2012/18, should moreover allow the national central banks of the Member States whose currency is the euro to implement the additional enhanced credit support measures in the contractual and regulatory framework applicable to their counterparties.

               (4)

               Decisions ECB/2011/4, ECB/2011/10, ECB/2012/32 and ECB/2012/34 should therefore be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   Repeal of Decisions ECB/2011/4, ECB/2011/10, ECB/2012/32 and ECB/2012/34
   1.   Decisions ECB/2011/4, ECB/2011/10, ECB/2012/32 and ECB/2012/34 are repealed with effect from 3 May 2013.
   2.   References to the repealed Decisions shall be construed as references to Guideline ECB/2013/4.
   Article 2
   Entry into force
   This Decision shall enter into force on 22 March 2013.

      Done at Frankfurt am Main, 20 March 2013.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 331, 14.12.2011, p. 1.

      (2)  OJ L 14, 18.1.2013, p. 22.

      (3)  OJ L 218, 15.8.2012, p. 20.

      (4)  OJ L 94, 8.4.2011, p. 33.

      (5)  OJ L 182, 12.7.2011, p. 31.

      (6)  OJ L 359, 29.12.2012, p. 74.


title: 2007/44/EC: Decision of the European Central Bank of 15 December 2006 laying down the terms and conditions for transfers of the European Central Bank's capital shares between the national central banks and for the adjustment of the paid-up capital ( ECB/2006/23 )

text:
               31.1.2007

               EN

               Official Journal of the European Union

               L 24/5

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 15 December 2006
   laying down the terms and conditions for transfers of the European Central Bank's capital shares between the national central banks and for the adjustment of the paid-up capital
   (ECB/2006/23)
   (2007/44/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 28.5 thereof,
   Whereas:

               (1)

               The adjustment of the weightings assigned to the national central banks (NCBs) in the expanded key for subscription to the European Central Bank's (ECB's) capital (hereinafter the capital key weightings and the capital key respectively) as provided for in Decision ECB/2006/21 of 15 December 2006 on the national central banks' percentage shares in the key for subscription to the European Central Bank's capital (1) requires the Governing Council to determine the terms and conditions for transfers of capital shares between the NCBs that are members of the European System of Central Banks (ESCB) on 31 December 2006 in order to ensure that the distribution of these shares corresponds to the adjustments made. Accordingly, the adoption of a new ECB decision is required that repeals Decision ECB/2004/7 of 22 April 2004 laying down the terms and conditions for transfers of the European Central Bank's capital shares between the national central banks and for the adjustment of the paid-up capital (2) with effect from 1 January 2007.

               (2)

               The Bulgarian National Bank and Banca Naţională a României will not join the ESCB until 1 January 2007, which means that transfers of capital shares pursuant to Article 28.5 of the Statute do not apply to them on this occasion.

               (3)

               Decision ECB/2006/22 of 15 December 2006 laying down the measures necessary for the paying-up of the European Central Bank's capital by the participating national central banks (3) determines how and to what extent the NCBs of the Member States that have adopted the euro (hereinafter the participating NCBs) are under an obligation to pay up the ECB's capital in view of the expanded capital key. Decision ECB/2006/26 of 18 December 2006 laying down the measures necessary for the paying-up of the European Central Bank's capital by the non-participating national central banks (4) determines the percentage that the NCBs of the Member States that will not have adopted the euro on 1 January 2007 (hereinafter the non-participating NCBs) are under an obligation to pay up with effect from 1 January 2007 in view of the expanded capital key.

               (4)

               The participating NCBs, with the exception of Banka Slovenije, have already paid up their shares in the ECB's subscribed capital as required under Decision ECB/2004/6 of 22 April 2004 laying down the measures necessary for the paying-up of the European Central Bank's capital by the participating national central banks (5). In view of this, Article 2(1) of Decision ECB/2006/22 states that either a participating NCB should transfer an additional amount to the ECB, or receive an amount back from the ECB, as appropriate, in order to arrive at the amounts shown in the table in Article 1 of Decision ECB/2006/22.

               (5)

               Furthermore, Article 2(1) and 2(2) of Decision ECB/2006/30 of 30 December 2006 on Banka Slovenije's paying-up of capital, transfer of foreign reserve assets and contribution to the European Central Bank's reserves and provisions (6) lay down that Banka Slovenije, which will be a participating NCB from 1 January 2007, is under an obligation to pay up the remaining share of its subscription to the ECB's capital in order to arrive at the amount shown next to its name in the table in Article 1 of Decision ECB/2006/22, taking into account the expanded capital key.

               (6)

               Likewise, the non-participating NCBs, with the exception of the Bulgarian National Bank and Banca Naţională a României, have already paid up their shares in the ECB's subscribed capital as required under Decision ECB/2004/10 of 23 April 2004 laying down the measures necessary for the paying-up of the European Central Bank's capital by the non-participating national central banks (7). In view of this, Article 2(1) of Decision ECB/2006/26 states that each of them should either transfer an additional amount to the ECB, or receive an amount back from the ECB, as appropriate, in order to arrive at the amounts shown in the table in Article 1 of Decision ECB/2006/26. Article 2(2) of Decision ECB/2006/26 states that the Bulgarian National Bank and Banca Naţională a României should transfer to the ECB the amount shown next to their names in the table in Article 1 of the same Decision,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Transfer of capital shares
   Given the share in the ECB's capital that each NCB, with the exception of the Bulgarian National Bank and Banca Naţională a României, will have subscribed on 31 December 2006 and the share in the ECB's capital that each of these NCBs will subscribe with effect from 1 January 2007 as a consequence of the adjustment of the capital key weightings laid down in Article 2 of Decision ECB/2006/21, these NCBs shall transfer capital shares among themselves via transfers to and from the ECB to ensure that the distribution of capital shares with effect from 1 January 2007 corresponds to the adjusted weightings. To this effect, each of these NCBs shall, by virtue of this Article and without any further formality or act being required, either transfer or receive with effect from 1 January 2007 the share in the ECB's subscribed capital shown next to its name in the fourth column of the table in Annex I to this Decision, whereby ‘+’ shall refer to a capital share that the ECB shall transfer to the NCB and ‘-’ to a capital share that the NCB shall transfer to the ECB.
   Article 2
   Adjustment of the paid-up capital
   1.   Given the amount of the ECB's capital that each NCB has paid up, if any, and the amount of the ECB's capital that each NCB shall pay up with effect from 1 January 2007 pursuant to Article 1 of Decision ECB/2006/22 for the participating NCBs and Article 1 of Decision ECB/2006/26 for the non-participating NCBs respectively, on the first operating day of the Trans-European Automated Real-time Gross settlement Express Transfer system (Target) following 1 January 2007 each NCB shall either transfer or receive the net amount shown next to its name in the fourth column of the table in Annex II to this Decision, whereby ‘+’ shall refer to an amount that the NCB shall transfer to the ECB and ‘-’ to an amount that the ECB shall transfer to that NCB.
   2.   On the first Target operating day following 1 January 2007, the ECB and the NCBs that are under an obligation to transfer an amount under paragraph 1 shall each separately transfer any interest on the respective amounts due accruing over the period from 1 January 2007 until the date of the transfer. The transferors and recipients of this interest shall be the same as the transferors and recipients of the amounts on which the interest accrues.
   Article 3
   General provisions
   1.   The transfers described in Article 2 shall take place through Target.
   2.   Where an NCB does not have access to Target, the amounts described in Article 2 shall be transferred by crediting an account that the ECB or NCB shall nominate in due time.
   3.   Any interest accruing under Article 2(2) shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equal to the marginal interest rate used by the ESCB in its most recent main refinancing operation.
   4.   The ECB and the NCBs that are under an obligation to make a transfer under Article 2 shall, in due course, give the necessary instructions for duly executing such transfer on time.
   Article 4
   Final provision
   1.   This Decision shall enter into force on 1 January 2007.
   2.   Decision ECB/2004/7 is hereby repealed with effect from 1 January 2007.
   3.   References to Decision ECB/2004/7 shall be construed as being made to this Decision.

      Done at Frankfurt am Main, 15 December 2006.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  See page 1 of this Official Journal.

      (2)  OJ L 205, 9.6.2004, p. 9.

      (3)  See page 3 of this Official Journal.

      (4)  See page 15 of this Official Journal.

      (5)  OJ L 205, 9.6.2004, p. 7.

      (6)  See page 17 of this Official Journal.

      (7)  OJ L 205, 9.6.2004, p. 19.

      ANNEX I
      NCBS' SUBSCRIBED CAPITAL

                  Share subscribed on 31 December 2006
                  (EUR)

                  Share subscribed with effect from 1 January 2007
                  (EUR)

                  Share to be transferred
                  (EUR)

                     Participating NCB

                  Nationale Bank van België/Banque nationale de Belgique

                  141 910 195,14

                  142 334 199,56

                  + 424 004,42

                  Deutsche Bundesbank

                  1 176 170 750,76

                  1 182 149 240,19

                  +5 978 489,43

                  Bank of Greece

                  105 584 034,30

                  104 659 532,85

                  - 924 501,45

                  Banco de España

                  432 697 551,32

                  434 917 735,09

                  +2 220 183,77

                  Banque de France

                  827 533 093,09

                  828 813 864,42

                  +1 280 771,33

                  Central Bank and Financial Services Authority of Ireland

                  51 300 685,79

                  51 183 396,60

                  - 117 289,19

                  Banca d'Italia

                  726 278 371,47

                  721 792 464,09

                  -4 485 907,38

                  Banque centrale du Luxembourg

                  8 725 401,38

                  9 073 027,53

                  + 347 626,15

                  De Nederlandsche Bank

                  222 336 359,77

                  224 302 522,60

                  +1 966 162,83

                  Oesterreichische Nationalbank

                  115 745 120,34

                  116 128 991,78

                  + 383 871,44

                  Banco de Portugal

                  98 233 106,22

                  98 720 300,22

                  + 487 194,00

                  Banka Slovenije

                  18 613 818,63

                  18 399 523,77

                  - 214 294,86

                  Suomen Pankki

                  71 711 892,59

                  71 708 601,11

                  -3 291,48

                     Non-participating NCB

                  Bulgarian National Bank

                  0

                  50 883 842,67

                  Not applicable

                  Česká národní banka

                  81 155 136,30

                  79 957 855,35

                  -1 197 280,95

                  Danmarks Nationalbank

                  87 159 414,42

                  87 204 756,07

                  +45 341,65

                  Eesti Pank

                  9 927 369,94

                  9 810 391,04

                  - 116 978,90

                  Central Bank of Cyprus

                  7 234 070,02

                  7 195 054,85

                  -39 015,17

                  Latvijas Banka

                  16 571 585,02

                  16 204 715,21

                  - 366 869,81

                  Lietuvos bankas

                  24 623 661,42

                  24 068 005,74

                  - 555 655,68

                  Magyar Nemzeti Bank

                  77 259 867,83

                  75 700 733,22

                  -1 559 134,61

                  Central Bank of Malta

                  3 600 341,00

                  3 583 125,79

                  -17 215,21

                  Narodowy Bank Polski

                  285 912 705,92

                  280 820 283,32

                  -5 092 422,60

                  Banca Naţională a României

                  0

                  145 099 312,72

                  Not applicable

                  Národná banka Slovenska

                  39 770 691,11

                  38 970 813,50

                  - 799 877,61

                  Sveriges riksbank

                  134 292 162,94

                  134 298 089,46

                  +5 926,52

                  Bank of England

                  800 321 860,47

                  802 672 023,82

                  +2 350 163,35

                  Total (1)

                  5 564 669 247,19

                  5 760 652 402,58

                  0

         (1)  Due to rounding, totals may not correspond to the sum of all figures shown.

      ANNEX II
      NCBS’ PAID-UP CAPITAL

                  Share paid up on 31 December 2006
                  (EUR)

                  Share paid up with effect from 1 January 2007
                  (EUR)

                  Amount of transfer payment
                  (EUR)

                     Participating NCB

                  Nationale Bank van België/ Banque nationale de Belgique

                  141 910 195,14

                  142 334 199,56

                  + 424 004,42

                  Deutsche Bundesbank

                  1 176 170 750,76

                  1 182 149 240,19

                  +5 978 489,43

                  Bank of Greece

                  105 584 034,30

                  104 659 532,85

                  - 924 501,45

                  Banco de España

                  432 697 551,32

                  434 917 735,09

                  +2 220 183,77

                  Banque de France

                  827 533 093,09

                  828 813 864,42

                  +1 280 771,33

                  Central Bank and Financial Services Authority of Ireland

                  51 300 685,79

                  51 183 396,60

                  - 117 289,19

                  Banca d'Italia

                  726 278 371,47

                  721 792 464,09

                  -4 485 907,38

                  Banque centrale du Luxembourg

                  8 725 401,38

                  9 073 027,53

                  + 347 626,15

                  De Nederlandsche Bank

                  222 336 359,77

                  224 302 522,60

                  +1 966 162,83

                  Oesterreichische Nationalbank

                  115 745 120,34

                  116 128 991,78

                  + 383 871,44

                  Banco de Portugal

                  98 233 106,22

                  98 720 300,22

                  + 487 194,00

                  Banka Slovenije

                  1 302 967,30

                  18 399 523,77

                  +17 096 556,47

                  Suomen Pankki

                  71 711 892,59

                  71 708 601,11

                  -3 291,48

                     Non-participating NCB

                  Bulgarian National Bank

                  0

                  3 561 868,99

                  +3 561 868,99

                  Česká národní banka

                  5 680 859,54

                  5 597 049,87

                  -83 809,67

                  Danmarks Nationalbank

                  6 101 159,01

                  6 104 332,92

                  +3 173,91

                  Eesti Pank

                  694 915,90

                  686 727,37

                  -8 188,53

                  Central Bank of Cyprus

                  506 384,90

                  503 653,84

                  -2 731,06

                  Latvijas Banka

                  1 160 010,95

                  1 134 330,06

                  -25 680,89

                  Lietuvos bankas

                  1 723 656,30

                  1 684 760,40

                  -38 895,90

                  Magyar Nemzeti Bank

                  5 408 190,75

                  5 299 051,33

                  - 109 139,42

                  Central Bank of Malta

                  252 023,87

                  250 818,81

                  -1 205,06

                  Narodowy Bank Polski

                  20 013 889,41

                  19 657 419,83

                  - 356 469,58

                  Banca Naţională a României

                  0

                  10 156 951,89

                  +10 156 951,89

                  Národná banka Slovenska

                  2 783 948,38

                  2 727 956,95

                  -55 991,43

                  Sveriges riksbank

                  9 400 451,41

                  9 400 866,26

                  + 414,85

                  Bank of England

                  56 022 530,23

                  56 187 041,67

                  + 164 511,44

                  Total (1):

                  4 089 277 550,12

                  4 127 136 230,00

                  +37 858 679,88

         (1)  Due to rounding totals may not correspond to the sum of all figures shown.


title: 2005/756/EC: Council Decision of 17 October 2005 repealing Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement

text:
               28.10.2005

               EN

               Official Journal of the European Union

               L 285/45

      COUNCIL DECISION

   of 17 October 2005
   repealing Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement
   (2005/756/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the ACP-EC Partnership Agreement (1), which entered into force on 1 April 2003, 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 (2), and in particular, Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On the basis of Decision 2001/131/EC (3), whereby, in accordance with Article 96(2)(c) of the ACP-EC Partnership Agreement, ‘appropriate measures’ were adopted according to which financial aid granted to Haiti was partially suspended.

               (2)

               Decision 2004/681/EC expires on 31 December 2005 and requires a review of the measures after six months.

               (3)

               In March 2005 a working group, set up by the presidency of the European Union in Haiti, the Commission of the European Communities and representatives of the Member States in Haiti, issued a report assessing progress on the Haitian Government’s explicit commitments as regards the essential elements of Article 9 of the ACP-EC Partnership Agreement, in particular respect for human rights, democratic principles and the rule of law, in view of the return of the country to full constitutional democratic governance.

               (4)

               The current situation in Haiti is very alarming as regards safety, respect for human rights and poverty. This was confirmed by the April 2005 report of the UN Security Council mission. Nevertheless, on several occasions the international community has reaffirmed its commitment to supporting the Interim Government and the Haitian people in their efforts on behalf of democracy and economic and social development.

               (5)

               The Interim Government deserves the confidence of the European Union to ensure the political transition, in particular by the organisation of the free and fair elections in full compliance with the announced electoral calendar,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2001/131/EC is hereby repealed.
   Article 2
   This Decision shall be published in the Official Journal of the European Union. The letter annexed to this Decision shall be sent to the Haitian authorities.
   Article 3
   The European Parliament shall be fully and immediately informed of this Decision.

      Done at Luxembourg, 17 October 2005.

            For the Council

            The President

         M. BECKETT

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

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

      (3)  OJ L 48, 17.2.2001, p. 31. Decision as last amended by Decision 2004/681/EC (OJ L 311, 8.10.2004, p. 30).

      ANNEX
      Dear Sir,
      The European Union attaches the utmost importance to the provisions of Article 9 of the Cotonou Agreement. The ACP-EC Partnership is founded on respect for human rights, democratic principles and the rule of law. These are essential elements of the Agreement and thus form the basis for relations between us.
      In this respect, the European Union has followed closely the transition in Haiti that started with the appointment of the new Interim Government of Haiti, under your leadership, sworn in on 17 March 2004 following an extensive consultation process based on the CARICOM/OAS plan.
      On 12 May 2004, discussions took place in Brussels between you and the European Commission with a view to examining the political agenda of the Interim Government in relation to the restoration of democratic and constitutional rule. The European Union took note of your commitments particularly as regards the improvements of the human rights situation, the establishment of democratic principles including the holding of free and fair elections, the rule of law and good governance, as stated in your letter of 25 May 2004 to the European Commission. Those binding commitments, which remain valid as essential for our development cooperation, should lead in due course to greater political stability in Haiti.
      The European Union has been following closely the developments in Haiti on all fronts and has played a very active role in the efforts of the International Community to assist the country on its ambitious and difficult path towards democratic governance. We strongly believe in the entitlement of the Haitian people to a better life, in a secure and stable Haiti where democratic principles, human rights, the rule of law and good governance are fully respected.
      The European Union, as you know, has played a leading role in the formulation and adoption of the Interim Cooperation Framework and was the largest single donor to make a commitment towards the development of Haiti at the Washington Conference in 2004. Since then, much progress has been made and financial flows are gradually attaining the desired levels as the countries’ capacity to absorb financial and technical assistance has grown.
      The European Union has worked very closely with all the major international players and has expressed its full support for the UN mission in Haiti, MINUSTAH, and its major efforts to assist the Government and the Haitian National Police to establish the security and stability which are necessary for the country to progress towards elections in the autumn of 2005 and for the successful implementation of sustainable development programmes.
      The European Union has assessed the progress that has been achieved on the political and economic front, through its own resources and through the Security Council reports on Haiti. We believe the democratic process in Haiti would benefit from additional financial support and we have therefore decided that the measures taken under Decision 2001/131/EC be repealed and that full cooperation be resumed with Haiti with all the instruments available, including possible budgetary aid. Under those measures, the signature of the National Indicative Programme (NIP) for Haiti under the 9th EDF was to have taken place after the national elections and with the new democratically elected government. Currently the programming of the 9th EDF is under way with your Government and the NIP will now be signed as soon as this programming exercise has been completed. It is important for this process to progress rapidly so that the related actions bringing benefits to the Haitian people are also speedily implemented. We wish to underline, however, that our concerns regarding the situation in your country remain.
      It is essential for the success of the cooperation to ensure a strengthened absorptive capacity for aid, which is currently lacking, through good governance and aid-management capacity building measures. The European Union expects the Interim Government and the forthcoming elected government of Haiti to take the decisive steps in this respect. The methods of implementation will be those adapted to the country’s capacity for adequate management of public finances.
      The European Union will monitor closely further developments in the democratisation process, in particular in relation to the achievement of the commitments of the Interim Government in the areas of human rights, national dialogue, democratic principles, economic governance and the steps towards local, national and presidential elections. In this respect, the European Union will support the electoral process under way. In this context it expects the Interim Government to take effective action to ensure the respect for human rights and progress in the rule of law — including through steps to end impunity for human rights violations and pursuing further reforms of the Haitian National Police and in the judicial sector. The European Union also urges the Haitian government to continue to pursue an inclusive political dialogue with all political and societal forces renouncing violence with a view to achieving lasting stability and national reconciliation in Haiti. We take note of the possible revision of the electoral calendar with local elections taking place in December 2005 and the National and Presidential Elections taking place in two rounds in November 2005 and January 2006, which would still allow the new Government to assume office in February 2006. The European Union urges the Haitian government to remain committed to the preparations and conduct of free and fair elections underling the importance of avoiding further delays to the electoral timetable. The European Union is itself providing support for the electoral process to the tune of EUR 18 million. Additionally the European Union is considering an Electoral Observation Mission.
      The European Union will continue its close association with developments in Haiti through continuous and enhanced political dialogue, in the context of the Cotonou Agreement, with your Government and with the new Government that will emerge from the forthcoming elections.
      Please accept, Sir, the assurance of our highest consideration.
      Brussels,

            For the Commission

            For the Council


Avis juridique important

|

32001D0479

2001/479/EC: Council Decision of 11 June 2001 appointing a Portuguese member of the Committee of the Regions

Official Journal L 173 , 27/06/2001 P. 0044 - 0044

Council Decisionof 11 June 2001appointing a Portuguese member of the Committee of the Regions(2001/479/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as a member of the Committee of the Regions has become vacant following the resignation of Mr José Carlo das Dores ZORRINHO, notified to the Council on 15 March 2001,Having regard to the proposal from the Portuguese Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Luís Manuel Fernandes COELHO is hereby appointed a member of the Committee of the Regions in place of Mr José Carlo das Dores ZORRINHO, for the remainder of his term of office, which runs until 25 January 2002.Done at Luxembourg, 11 June 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 28, 4.2.1998, p. 19.


Avis juridique important

|

31988D0389

88/389/EEC: Council Decision of 22 June 1988 on the establishment, by the Commission, of an inventory of the source materials and substances used in the preparation of flavourings

Official Journal L 184 , 15/07/1988 P. 0067 - 0067 Finnish special edition: Chapter 13 Volume 17 P. 0083  Swedish special edition: Chapter 13 Volume 17 P. 0083

*****COUNCIL  DECISION  of 22 June 1988  on the establishment, by the Commission, of an inventory of the source materials and substances used in the preparation of flavourings  (88/389/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 213 thereof,  Whereas the Council adopted on 22 June 1988 Directive 87/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production (1);  Whereas it became apparent that the acquisition of data on source materials and substances used in the preparation of flavourings was desirable with a view to assessing, on the one hand, all questions relating to flavourings and to source materials for their production and, on the other hand, the resulting action to be taken at Community level;  Whereas acquisition of the data concerned may be made easier by the preparation by the Commission of an inventory of the source materials and substances concerned,  HAS DECIDED AS FOLLOWS:  Article 1  1. The Commission shall, within 24 months of adoption of this Decision and after consultation of the Member States, establish an inventory of:  - flavouring sources composed of foodstuffs, and of herbs and spices normally considered as foods,  - flavouring sources composed of vegetable or animal raw materials not normally considered as foods,  - flavouring substances obtained by appropriate physical processes or by enzymatic or microbiological processes from vegetable or animal raw materials,  - chemically synthesized or chemically isolated flavouring substances chemically identical to flavouring substances naturally present in foodstuffs or in herbs and spices normally considered as foods,  - chemically synthesized or chemically isolated flavouring substances chemically identical to flavouring substances naturally present in vegetable or animal raw materials not normally considered as foods,  - chemically synthesized or chemically isolated flavouring substances other than those referred to in the fourth and fifth indents,  - source materials used for the production of smoke flavourings and process flavourings and the reaction conditions under which they are prepared.  2. The inventory referred to in paragraph 1 shall be regularly updated by the Commission.  Done at Luxembourg, 22 June 1988.  For the Council  The President  M. BANGEMANN  (1) See page 61 of this Official Journal.


title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and Ethiopia on the supply of common wheat and maize as food aid

text:
3 . 9 . 75                      Official Journal of the European Communities                      No L 232/ 13
                                            COUNCIL DECISION
                                             of 17 February 1975
           on the conclusion of the Agreement between the European Economic Commu
              nity and Ethiopia on the supply of common wheat and maize as food aid
                                                  (75/ 520/ EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113, 114 and 228 thereof ;
           Having regard to the recommendation from the Commission ;
           Whereas the European Economic Community has concluded the 1971 Food Aid Conven
           tion ;
           Whereas by its letter of 20 November 1973, Ethiopia has requested food aid ;
           Whereas in view of the cereal supply situation in that country the latter should be
           accorded, under the Community food-aid programme for 1973/74, and by way of gift,
           15 000 metric tons of common wheat and 5 000 metric tons of maize,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and Ethiopia on the
           supply ot common wheat and maize as food aid is hereby concluded on behalf of the
           Community.
           The text of the Agreement is annexed to this Decision .
                                                    Article 2
           The President of the Council is hereby authorized to designate the persons empowered to
           sign the Agreement and to confer on them the necessary powers to bind the Community.
           Done at Brussels, 17 February 1975.
                                                                      For the Council
                                                                       The President
                                                                         R. RYAN


title: 2013/560/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/174

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2011
   (2013/560/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2011,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EEC) No 337/75 of the Council of 10 February 1975 establishing a European Centre for the Development of Vocational Training (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 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0073/2013),

               1.

               Grants the Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Centre for the Development of Vocational Training, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 17.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 39, 13.2.1975, p. 1.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2011,

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Regulation (EEC) No 337/75 of the Council of 10 February 1975 establishing a European Centre for the Development of Vocational Training (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 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0073/2013),

                  A.

                  whereas the European Centre for the Development of Vocational Training (‘the Centre’), which is located in Thessaloniki, was established by Regulation (EEC) No 337/75,

                  B.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the Centre’s annual accounts for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  C.

                  whereas on 10 May 2012, Parliament granted the Director of the Centre discharge for the implementation of the Centre’s budget for the financial year 2010 (6), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              noted the Centre’s commitment to exhaust the previous years’ contributions from Norway and Iceland in 2012; called on the Centre to keep the discharge authority informed of the use of those contributions,

                              —

                              welcomed the Centre’s commitment to further reduce its carry-overs by monitoring standardised templates of budget execution (commitments, payments) and procurement progress,

                              —

                              called on the Centre to put further efforts into reducing carry-over appropriations in order to respect the principle of annuality more fully; reminded the Centre that this can be done by refining its programming and monitoring system and by initiating contracts earlier in the calendar year,

                              —

                              called on the Centre to reduce the transfers of commitment appropriations made by the Centre between budget lines as much as possible, in order to apply the principle of specification,

                              —

                              noted the Centre’s performance measurement system (PMS) has been fully implemented and encouraged the Centre to further develop qualitative assessments to supplement the more quantitative PMS indicators,

                              —

                              called on the Centre to inform the discharge authority of the implementation progress of the remaining recommendations received from the Internal Audit Service (IAS),

                  D.

                  whereas the Centre’s final budget for the financial year 2011 was EUR 18 870 845, compared to EUR 18 250 000 in 2010, which represents an increase of 3,21 %,

                  E.

                  whereas the contribution of the Union to the Centre’s budget for the financial year 2011 was EUR 16 987 000, compared to EUR 16 920 000 in 2010, which represents an increase of 0,39 %,

                  F.

                  whereas the economic result of the year was a negative one of EUR – 483 296,74,

         Budgetary and financial management

                  1.

                  Notes from the Centre’s annual accounts for the financial year 2011 that the Centre was granted an amending budget of EUR 1 106 655, which made a total budget of EUR 18 870 845 after amendments;

                  2.

                  Takes note of the Governing Board’s statement in its opinion on the Centre’s 2011 Annual Account that the 2011 budget financed by the Union contribution has been fully implemented;

                  3.

                  Observes that the Centre receives annual contributions from two third countries which benefit from its work; notes that Norway and Iceland’s contribution to the Centre’s budget for the financial year 2011 amounted to EUR 407 066,59; recalls that those funds are managed as assigned revenue, requiring them to be allocated to specific projects; welcomes the fact that in 2011, the target was reached and 100 % of the planned budget was executed; calls on the Centre to keep the discharge authority informed of the use of those contributions;

                  4.

                  Welcomes the development of a comprehensive set of processes to monitor and report on the implementation of the annual work programme and the deployment of resources; notes, however, that further improvements are needed given that 67 of a total of 77 budget transfers were made at the end of 2011, demonstrating weaknesses in budgetary planning and programme planning; calls for structural measures to be taken to remedy the situation;

                  5.

                  Welcomes the fact that the cancelled payments appropriations fell from 14 % in 2010 to 5,2 % in 2011;

         Carry-over appropriations

                  6.

                  Acknowledges from the annual accounts that EUR 0,9 million (5 %) was carried over to 2012; notes, furthermore, that the carry-overs include EUR 0,6 million appropriations for Title II ‘Administrative Expenditure’ (37 % of total Title II appropriations); calls on the Centre to inform the discharge authority of the actions taken to address this deficiency as the excessive level of carry-overs for Title II is at odds with the budgetary principle of annuality;

                  7.

                  Takes note that the Centre has had differentiated appropriations for Title III since 2004, which explains why no carry-overs of appropriations for operating activities appear in the calculation of the budget outturn, other than non-automatic carry-over approved by the Governing Board;

         Transfers

                  8.

                  Takes note that the Centre transferred EUR 699 920 from Title I to Titles II and III (EUR 204 620 and EUR 495 300 respectively), pursuant to Article 23 of the Financial Regulation; calls on the Centre to inform the discharge authority about actions to be taken to address this deficiency as the situation indicates weaknesses in budget planning and programming and it is at odds with the principle of specification;

         Grants

                  9.

                  Acknowledges from the Court of Auditors that annually, the Centre’s financing of grants for vocational education and training amounts to about EUR 1 million; notes, moreover, that there were significant delays in the closing of grants for the year 2010 because beneficiaries submitted their final reports on activities late and the Centre itself was late in the verification of those reports and the processing of final payments; calls on the Centre to inform the discharge authority of the actions it has taken to address this deficiency;

                  10.

                  Acknowledges that according to the Centre, delays in the payment of the final balance of the 2010 grants that occurred in 2011 are due to a particularly heavy work programme during 2010, combined with a temporary under-staffing of the team coordinating the network due to unforeseen long-term absence;

         Human resources

                  11.

                  Acknowledges that on 31 December 2011, 97 of the 101 posts on the establishment plan were occupied;

                  12.

                  Welcomes the fact that in 2010, the Centre finalised an online tool for recruitment, namely RECON — Recruitment Online, which will help the Centre increase the speed and efficiency of its recruitment;

                  13.

                  Deplores the fact that the recruitment procedure for the new director was declared unfruitful in 2011 and that this post, vacant since 15 October 2010, has not been filled in the course of 2012;

         Performance

                  14.

                  Notes with satisfaction that the Centre made Gantt charts for all key operational activities of 2011 available, as requested by the discharge authority;

                  15.

                  Notes from the annual accounts that PMS has been fully implemented and encourages the Centre to further develop qualitative assessments to supplement the more quantitative PMS indicators;

                  16.

                  Invites the Commission, together with the European Training Foundation, the European Centre for the Development of Vocational Training, European Foundation for the Improvement of Living and Working Conditions and the European Agency for Safety and Health at Work to further explore the synergies that exist between those agencies and to report to the discharge authority on the possible deeper integration of those four agencies; invites those agencies and the Commission to evaluate whether closer cooperation could lead to economies of scale and optimisation of their performance;

         Cooperation with the European Training Foundation (ETF)

                  17.

                  Notes that in November 2009, the cooperation agreement between the Centre and ETF was renewed for the period 2010-2013; acknowledges that each year, in the context of the cooperation framework, the Centre and ETF draft a joint work programme which is annexed to the work programmes of each Agency;

                  18.

                  Establishes that in 2011, the Centre and ETF further systematised their cooperation to maximise the benefits for their respective mandates, which resulted in the organisation of knowledge sharing seminars, collaboration in the area of qualifications development and the implementation of common Union instruments, in cooperating for the preparation of the 2012 reporting progress of candidate countries, as part of the follow up to the Bruges communiqué on enhanced European Cooperation in Vocational Education and Training;

         Internal audit

                  19.

                  Welcomes the information provided by the Centre by letter of 23 February 2012 to the effect that all seven IAS recommendations from 2009 have been implemented by the end of December 2011; calls on the Centre to inform the discharge authority of the implementation progress of the 2010 recommendations;

                  20.

                  Welcomes the information received by letter of 23 February 2012 to the effect that all baseline requirements for Internal Control Standards (ICS) 8 were fully met by the end of 2011; takes note of the Centre’s commitment to meet the baseline requirements for ICS 10 during the first semester of 2012;

         Internal audit capability (IAC)

                  21.

                  Acknowledges, nevertheless, observations from the Centre that the IAC functions are now covered either by external contractors (for example, an audit of the Centre’s financial software was contracted out and concluded in 2011) or by internal project groups, as relevant; notes, moreover, that the Centre has finished documenting all the main procedures (an external auditor has been contracted to steer this process) and trainings have been organised to ensure the implementation of the annual work programme and effective controls;

                  22.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its Resolution of 17 April 2013 (7) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 17.

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

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

         (4)  OJ L 39, 13.2.1975, p. 1.

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

         (6)  OJ L 286, 17.10.2012, p. 148.

         (7)  Texts adopted, P7_TA(2013)0134 (see page 374 of this Official Journal).


title: Council Decision of 20 September 2016 renewing the Governing Board of the European Centre for the Development of Vocational Training

text:
               23.9.2016

               EN

               Official Journal of the European Union

               C 348/10

         COUNCIL DECISION
   of 20 September 2016
   renewing the Governing Board of the European Centre for the Development of Vocational Training
   (2016/C 348/06)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted by the Luxembourg government,
   Whereas:

               (1)

               By its Decisions of 14 July 2015 (2) and of 14 September 2015 (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2015 to 17 September 2018.

               (2)

               A member’s seat is available for Luxembourg on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Mr Antonio DE CAROLIS.

               (3)

               The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2018.

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2018:
   GOVERNMENT REPRESENTATIVES:

               LUXEMBOURG

               Mr Gil BELLING

         Article 2
   This Decision shall be published, for information, in the Official Journal of the European Union.

      Done at Brussels, 20 September 2016.

            For the Council

            The President

         I. KORČOK

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 232, 16.7.2015, p. 2.

      (3)  OJ C 305, 16.9.2015, p. 2.