title: 2004/780/EC, Euratom: Council Decision of 19 November 2004 appointing the President and Members of the Commission of the European Communities

text:
               20.11.2004

               EN

               Official Journal of the European Union

               L 344/33

      COUNCIL DECISION

   of 19 November 2004
   appointing the President and Members of the Commission of the European Communities
   (2004/780/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 213(1) and the third subparagraph of Article 214(2) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 126(1) and the third subparagraph of Article 127(2) thereof,
   Whereas:

               (1)

               A new Commission, consisting of one national of each Member State, must be appointed for the period from the date of its appointment to 31 October 2009.

               (2)

               On 29 June 2004 the Council, meeting in the composition of the Heads of State or Government, nominated Mr José Manuel DURÃO BARROSO as the person it intends to appoint as President of the Commission (1).

               (3)

               The European Parliament approved that nomination by its Resolution dated 22 July 2004.

               (4)

               By Decision 2004/753/EC, Euratom (2), which repeals and replaces Decision 2004/642/EC, Euratom (3) the Council adopted by common accord with the nominee for President of the Commission the list of other persons whom the Council intends to appoint as Members of the Commission.

               (5)

               By means of a vote held on 18 November 2004, the European Parliament gave its approval to the appointment of the President and the other Members of the Commission as a college.

               (6)

               The President and other Members of the Commission should therefore be appointed.

               (7)

               The entry into force of the Treaty establishing a Constitution for Europe will entail the expiry of the term of the Member of the Commission who has the same nationality as the future European Union Minister for Foreign Affairs, who will be Vice-President of the Commission,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Commission of the European Communities for the period from 22 November 2004 to 31 October 2009:

               —

               as President:

                           —

                           Mr José Manuel DURÃO BARROSO

               —

               as members:

                           —

                           Mr Joaquín ALMUNIA AMANN

                           —

                           Mr Jacques BARROT

                           —

                           Mr Joe BORG

                           —

                           Mr Stavros DIMAS

                           —

                           Ms Benita FERRERO-WALDNER

                           —

                           Mr Ján FIGEĽ

                           —

                           Ms Mariann FISCHER BOEL

                           —

                           Mr Franco FRATTINI

                           —

                           Ms Dalia GRYBAUSKAITĖ

                           —

                           Ms Danuta HÜBNER

                           —

                           Mr Siim KALLAS

                           —

                           Mr László KOVÁCS

                           —

                           Ms Neelie KROES

                           —

                           Mr Markos KYPRIANOU

                           —

                           Mr Peter MANDELSON

                           —

                           Mr Charlie McCREEVY

                           —

                           Mr Louis MICHEL

                           —

                           Mr Andris PIEBALGS

                           —

                           Mr Janez POTOČNIK

                           —

                           Ms Viviane REDING

                           —

                           Mr Olli REHN

                           —

                           Mr Vladimír ŠPIDLA

                           —

                           Mr Günter VERHEUGEN

                           —

                           Ms Margot WALLSTRÖM.

         Article 2
   This Decision shall take effect on 22 November 2004.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 19 November 2004.

            For the Council

            The President

         J. P. H. DONNER

      (1)  OJ L 236, 7.7.2004, p. 15.

      (2)  OJ L 333, 9.11.2004, p. 12.

      (3)  OJ L 294, 17.9.2004, p. 30.


title: 2011/458/EU: Council Decision of 19 July 2011 on the position to be taken by the European Union within the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement

text:
               26.7.2011

               EN

               Official Journal of the European Union

               L 194/4

         COUNCIL DECISION
   of 19 July 2011
   on the position to be taken by the European Union within the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement
   (2011/458/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 100(2) and 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Annex XIII to the Agreement on the European Economic Area (1) (‘the EEA Agreement’) contains specific provisions and arrangements concerning transport.

               (2)

               Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (2) should be incorporated in the EEA Agreement.

               (3)

               Regulation (EC) No 1008/2008 has repealed Council Regulations (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (3), (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (4) and (EEC) No 2409/92 of 23 July 1992 on fares and rates for air services (5), which are currently incorporated in the EEA Agreement.

               (4)

               Annex XIII to the EEA Agreement should therefore be amended accordingly.

               (5)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the EEA Joint Committee on the proposed amendment to Annex XIII to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 19 July 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  OJ L 1, 3.1.1994, p. 3.

      (2)  OJ L 293, 31.10.2008, p. 3.

      (3)  OJ L 240, 24.8.1992, p. 1.

      (4)  OJ L 240, 24.8.1992, p. 8.

      (5)  OJ L 240, 24.8.1992, p. 15.

      DRAFT
      DECISION No …/2011 OF THE EEA JOINT COMMITTEE
      of …
      amending Annex XIII (Transport) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area (‘the Agreement’), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No …/… of … (1).

                  (2)

                  Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (2) should be incorporated into the Agreement.

                  (3)

                  Regulation (EC) No 1008/2008 has repealed Council Regulations (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (3), (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (4) and (EEC) No 2409/92 of 23 July 1992 on fares and rates for air services (5), which are incorporated in the Agreement.

                  (4)

                  Annex XIII to the Agreement should be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Annex XIII to the Agreement is hereby amended as follows:

                  (1)

                  point 64a is replaced by the following:

                              ‘64a

                                 32008 R 1008: Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (OJ L 293, 31.10.2008, p. 3).
                              The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                                          (a)

                                          in Article 4(f) the words “, except as provided for in an agreement with a third country to which the Community is a party;” shall be replaced by the following:
                                          “. However, operating licenses with legal effects in the entire EEA can be granted on the basis of exceptions to this requirement provided for in agreements with third countries to which the Community or one or more EFTA States are parties, provided the EEA Joint Committee adopts a decision to that effect.”;

                                          (b)

                                          the following is added to Article 16(9), second subparagraph:
                                          “, as well as regional airports in Iceland and the four northernmost counties in Norway.”.’;

                  (2)

                  point 65 is deleted;

                  (3)

                  point 66b is deleted.

            Article 2
      The text of Regulation (EC) No 1008/2008 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 3
      This Decision shall enter into force on …, provided that all the notifications pursuant to Article 103(1) of the Agreement have been made to the EEA Joint Committee (6).
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at …, …

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L ….

         (2)  OJ L 293, 31.10.2008, p. 3.

         (3)  OJ L 240, 24.8.1992, p. 1.

         (4)  OJ L 240, 24.8.1992, p. 8.

         (5)  OJ L 240, 24.8.1992, p. 15.

         (6)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: Council Decision (EU) 2016/1973 of 8 November 2016 adopting the Council's position on draft amending budget No 5 of the European Union for the financial year 2016

text:
               11.11.2016

               EN

               Official Journal of the European Union

               L 304/6

         COUNCIL DECISION (EU) 2016/1973
   of 8 November 2016
   adopting the Council's position on draft amending budget No 5 of the European Union for the financial year 2016
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a 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 (1) and in particular Article 41 thereof,
   Whereas:

               —

               the Union's budget for the financial year 2016 was definitively adopted on 25 November 2015 (2),

               —

               on 7 October 2016, the Commission submitted a proposal containing draft amending budget No 5 to the general budget for the financial year 2016,

               —

               for needs related to national Treasury management, draft amending budget No 5 to the general budget for 2016 needs to be adopted without delay. Therefore, it is justified to shorten, in accordance with Article 3(3) of the Council's Rules of Procedure, the 8-week period for the information of national Parliaments laid down in Article 4 of Protocol No 1,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council's position on draft amending budget No 5 of the European Union for the financial year 2016 was adopted on 8 November 2016.
   The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

      Done at Brussels, 8 November 2016.

            For the Council

            The President

         P. KAŽIMÍR

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

      (2)  OJ L 48, 24.2.2016, p. 1.


title: 2006/827/EC: Decision of the European Parliament of 27 April 2006 on the closure of the accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/81

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the closure of the accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2004
   (2006/827/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2004, together with the Centre's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               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 on the Financial Regulation applicable to the general budget of the European Communities (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 (A6-0096/2006),

               1.

               Notes the following figures for the accounts of the European Monitoring Centre on Racism and Xenophobia for the financial years 2004 and 2003:
               Revenue and expenditure account for the financial years 2004 and 2003

                           (1000 EUR)

                           2004

                           2003

                           Revenue

                           Community subsidies

                           5 675

                           7 318

                           Other revenue

                           421

                           374

                           Sundry revenue

                           35

                           Financial revenue

                           21

                           1

                           PHARE revenue

                           82

                           676

                              Total revenue (a)

                              6 234

                              8 369

                           Expenditure

                           Staff — Title I of the budget

                           Payments

                           2 645

                           2 618

                           Appropriations carried over

                           85

                           64

                           Administration — Title II of the budget

                           Payments

                           447

                           412

                           Appropriations carried over

                           37

                           51

                           Operating activities — Title III of the budget

                           Payments

                           2 352

                           1 678

                           Appropriations carried over

                           745

                           1 162

                           Assigned revenue (Phare and other)

                           Payments

                           7

                           377

                           Appropriations carried over

                           0

                           694

                              Total expenditure (b)

                              6 318

                              7 055

                              Outturn for the financial year (a - b)

                              - 84

                              1 334

                           Balance carried over from the previous financial year

                           98

                           -1 579

                           Appropriations carried over, cancelled

                           241

                           301

                           Appropriations for reuse from the previous financial year, not used

                           0

                           38

                           Amounts due written off

                           - 23

                           0

                           Exchange-rate differences

                           - 1

                           5

                           Amounts refunded to the Commission

                           0

                              Balance for the financial year

                              231

                              98

                           NB: Totals may include differences due to rounding.

               2.

               Approves the closure of the accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2004;

               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 have it published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 48.

      (2)  OJ C 332, 28.12.2005, p. 97.

      (3)  OJ L 248, 16.9.2002, 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. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/83

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for the implementation of the budget of the European Monitoring Centre on Racism and Xenophobia for the financial year 2004
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Monitoring Centre on Racism and Xenophobia for the financial year 2004, together with the Centre's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               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 on the Financial Regulation applicable to the general budget of the European Communities (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 (A6-0096/2006),

               A.

               whereas the Court of Auditors stated that it had obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2004 were reliable and that, except for irregularities noted in the award of contracts, the underlying transactions, taken as a whole, were legal and regular,

               B.

               whereas the Court of Auditors states that it has obtained reasonable assurance from all the agencies, excepting the express reservations in respect of the 2004 financial year concerning the European Agency for Reconstruction, the European Centre for the Development of Vocational Training, the European Training Foundation, the European Monitoring Centre on Racism and Xenophobia and the European Food Safety Authority,

               1.

               Recalls that, under Article 185 of the Financial Regulation, Parliament shall give discharge for the implementation of the budgets of the bodies set up by the Communities and having legal personality which actually receive grants charged to the budget; points out, however, that not all of these bodies are fully, or even partially, funded via grants charged to the budget; emphasises that the discharge decision therefore covers both the budget and the non-budget funding of these bodies; considers it unacceptable that some of the bodies set up by the Union are accountable for the expenditure of income received from sources other than the budget whilst others, which do not receive a subsidy from the budget, are not; affirms the principle that all Community agencies, whether or not they are subsidised, are subject to discharge by Parliament, even when another discharge authority intervenes in accordance with their basic texts; takes the view that there is a need to review all texts that go against this principle;

               2.

               Finds table 1 of the Court of Auditors' report, introduced for the first time during the 2003 discharge exercise, which summarises the Centre's powers and responsibilities, governance, resources, activities and services provided, of great value; notes that the information contained in table 1 is supplied by the European Monitoring Centre on Racism and Xenophobia; asks the Court of Auditors to verify the contents of table 1;

               3.

               Insists that as well as spending money properly, agencies should also strive to spend money as efficiently and effectively as possible; invites the Court of Auditors to consider the possibility of extending its specific annual reports on the agencies to include an examination of performance and achievement of objectives; in this context and in line with its resolutions on the 2003 discharge, insists that the following aspects be taken into account: that duplication of work among the agencies must be avoided as much as possible and that measures designed to improve transparency and communication with the public must be clarified, along with Community affirmative action measures at all levels of recruitment, training and the assignment of responsibilities;

               4.

               Notes that Community agencies do not always have a good image or good press and that many of them do not deserve such a negative image; points out that EU citizens should be made aware of this, with appropriate means being used to explain as often as is necessary the raisons d'être and achievements of the agencies; calls on the Commission to act accordingly, using whatever means it considers necessary;

               5.

               Notes that the enlargement of the European Union in 2004 has affected the structures and operating arrangements of the Community agencies in many ways, and that several of the agencies draw attention to these effects in their activity reports, focusing in particular on the increase in the number of administrators; calls on the Commission to assess the real or supposed problems encountered and to recommend the regulatory changes required;

               6.

               Notes that the Commission has made a commitment to harmonising the way in which activity reports concerning its directorates-general are presented; calls for a similar approach to be taken in respect of the activity reports of the Communities' agencies, which differ significantly in terms of content; calls on the Commission to point out to the Communities' agencies the information and activity indicators that they must provide;

               7.

               Is pleased to note that the Court of Auditors has been able to obtain reasonable assurance that the annual accounts for the financial year ended 31 December 2004 are reliable and that the underlying transactions, taken as a whole, are legal and regular;

               8.

               Expresses its concern about the high level of cancelled carry-overs, in particular in title I (staff expenditure);

               9.

               Is pleased to note that the level of carry-overs decreased significantly; welcomes the Centre's assurances that it has taken measures to further reduce the level of carry-overs; encourages the Centre to improve the way carry-overs are established in order to avoid the high percentage of cancellations of appropriations;

               10.

               Is pleased to note the Centre's assurance that risk analysis of internal control standards has been carried out and that the ex-ante verification checklists have been reviewed;

               11.

               Is concerned by the irregularities noted by the Court of Auditors in contract tendering and awards; urges the Centre to improve procedures as soon as possible with a view to avoiding similar irregularities in future;

               12.

               Calls on the Commission to help the agencies follow as closely as possible the work plan agreed for the year ahead, allowing activities to be properly planned and implemented, and particularly to avoid major, last-minute changes to the work load;

               13.

               Asks the Commission to improve synergies between agencies by making cooperation more effective, avoiding duplication of work and addressing shortcomings, in particular as regards common areas such as training, the implementation of Community policies across the board, the use of the latest management systems and solving problems relating to sound management of the budget.

      (1)  OJ C 269, 28.10.2005, p. 48.

      (2)  OJ C 332, 28.12.2005, p. 97.

      (3)  OJ L 248, 16.9.2002, 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. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).


title: 2012/413/EU: Commission Decision of 19 July 2012 on the establishment of the annual priority lists for the development of network codes and guidelines for 2013  Text with EEA relevance

text:
               20.7.2012

               EN

               Official Journal of the European Union

               L 192/32

         COMMISSION DECISION
   of 19 July 2012
   on the establishment of the annual priority lists for the development of network codes and guidelines for 2013
   (Text with EEA relevance)
   (2012/413/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (1) and Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (2), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               The Third Package of directives and regulations (hereinafter the ‘Third Package’), as adopted in 2009, entered into force on 3 March 2011. With it a new system of establishing binding European-wide network codes entered into force as well.

               (2)

               As a first step towards binding European network codes, an annual priority list identifying the areas to be included in the development of network codes has to be established by the European Commission (‘the Commission’) in accordance with Article 6(1) of Regulation (EC) No 714/2009 (‘the Electricity Regulation’) and Article 6(1) of Regulation (EC) No 715/2009 (‘the Gas Regulation’). In setting the priorities, the Commission has to consult the Agency for the Cooperation of Energy Regulators (‘ACER’), the responsible European Network of Transmission System Operators (‘ENTSOs’) and other relevant stakeholders. This decision sets out the priorities as decided by the Commission based on the outcomes from the public consultation.

               (3)

               The European Council on 4 February 2011 set 2014 as a target for the completion of the internal market for electricity and gas. The Third Package is an important element in the development towards this target. However, further efforts have to be made to allow gas and electricity to flow freely across Europe. The network codes and guidelines which are foreseen by the Third Package will provide the relevant rules for this further development.

               (4)

               For the planning of resources it is important to identify annually the key areas for the development of network codes and guidelines. As soon as an area is identified as important for the first time, scoping work needs to be started in order to identify to what extent a harmonisation is needed. Key areas where the work on network codes and guidelines has already started will be continued and completed.

               (5)

               The public consultation, as required by Article 6(1) of the Electricity and the Gas Regulation, took place from 8 March to 16 April 2012. The Commission received 18 responses (3), including one response from a local government and responses by ENTSOG and ENTSO-E. Whereas the other responses came mainly from European energy stakeholder organisations, several individual companies also participated in the public consultation.

               (6)

               The following were the major general comments received during the public consultation:

                           (a)

                           A clear message from the public consultation was that stakeholders supported the focused approach of the Commission prioritising the work to deliver key elements that are necessary for the completion of the internal energy market by 2014 as regards the development of network codes and guidelines both for electricity and gas. Stakeholders are of the view that the Commission has pointed out in its consultation the most important tasks to be done for further integration of the internal energy market.

                           (b)

                           A further key message by several stakeholders was that they would prefer to put all the issues listed in Article 8(6) of the Electricity and Gas Regulation through the FG/NC process instead of using direct comitology guidelines for the adoption of binding rules on these areas. In this context some stakeholders stressed the importance of a transparent, efficient and coherent process which guarantees early and close stakeholder and distribution system operator involvement. It was also mentioned that the necessary timeslots for the development of robust network codes, with sufficient time for consultation of involved actors, need to be given.

                           (c)

                           Several stakeholders requested that draft proposals for the framework guidelines and network codes should be accompanied by the relevant Impact Assessment outlining the main policy options and underpinning by their comprehensive cost-benefit analysis. The Impact Assessment should furthermore be subject to a separate public consultation. Drafting the impact assessment after the end of a public consultation, as in the case of the ‘pilot code’, would not be acceptable.

                           (d)

                           Several stakeholders mentioned in their response that the scope of some network codes is too wide and does not restrict itself to the scope given by the Regulations, i.e. cross-border issues. In this context it was also stressed that network codes should not be over-prescriptive.

               (7)

               The following were the major comments concerning the annual priority list regarding electricity network rules received during the public consultation:

                           (a)

                           Several stakeholders were concerned about possible inconsistencies between network codes. Some proposed to develop only one network code in line with one framework guideline and some emphasised that at least some network codes need to be developed together such as the network codes on generator connection and demand connection, the network codes on grid connection and system operation, the network code on connection and congestion management and the ‘governance’ comitology guideline.

                           (b)

                           Several stakeholders support the development of rules regarding harmonised transmission tariff structures and/or investment incentives. ENTSO-E was of the opinion that the issue of tariff structures and the issue of investment incentives are largely unrelated and recommended therefore addressing them independently while giving priority to rules regarding investment incentives.

                           (c)

                           ENTSO-E expressed the view that rules for longer-term (forward) capacity allocation and rules on High-voltage direct current transmission system connection need to be included into the annual priority list for 2013.

               (8)

               The following were the major comments concerning the annual priority list regarding gas network rules received during the public consultation:

                           (a)

                           A key message by stakeholders was that they want to have harmonised rules regarding transmission tariff structures but would prefer to develop the rules through the network code process instead of using direct comitology guidelines. Several stakeholders proposed to set a narrow scope.

                           (b)

                           Some stakeholders raised concerns about the consistency between the network code on capacity allocation and the rules on congestion management procedures and therefore recommended to synchronise the comitology process for both topics.

               (9)

               The following were the major comments concerning possible scope and need of network codes and guidelines beyond 2013 regarding electricity network rules received during the public consultation: some stakeholders were of the view Third Party Access rules should be developed before those related to energy efficiency regarding electricity networks as they could provide a level playing field for operators in the internal market.

               (10)

               The following were the major comments concerning possible scope and need of network codes and guidelines beyond 2013 regarding gas network rules received during the public consultation:

                           (a)

                           Several stakeholders are asking to address the issue of incremental capacity and propose that rules could be developed in a network code on Third Party Access; others also want to have it addressed in the development of rules on harmonised transmission tariff structures. Several stakeholders were of the opinion that rules for trading related to technical and operational provisions of network access services and system balance are already covered by the rules on capacity allocation and balancing. Still stakeholders called for the development of trading rules focusing on rules to foster a liquid market on secondary capacity trading.

                           (b)

                           Concerning ‘network security and reliability rules’ the opinion was given that in case this issue needs to be tackled it would be more appropriate to do so in the framework of Regulation (EU) No 994/2010 of the European Parliament and of the Council (4) concerning measures to safeguard security of gas supply.

                           (c)

                           Some stakeholders raised concerns whether the development of network codes and guidelines regarding operational procedures in an emergency would have any benefit and were questioning the harmonisation of these provisions.

               (11)

               Having regard to the responses of stakeholders the Commission prioritises the work to deliver key elements that are necessary for the completion of the internal energy market by 2014,

         HAS ADOPTED THIS DECISION:
   Article 1
   As it is foreseen that harmonised rules on transparency will pass the comitology procedure in 2012 the Commission establishes for the development of harmonised electricity rules this annual priority list for 2013:

               —

               capacity allocation and congestion management rules including governance for day-ahead and intraday markets including capacity calculation (adoption under comitology procedure),

               —

               rules for longer-term (forward) capacity allocation (drafting of network code),

               —

               network connection rules:

                           —

                           network rules on generator grid connection (adoption under comitology procedure),

                           —

                           network code on distribution system operator and industrial load connection (finalise network code and start comitology process),

                           —

                           network code on High-voltage direct current transmission system connection,

               —

               system operation (finalise network codes on operational security, on operational planning and scheduling and on load-frequency control and reserves and start adoption process (5)),

               —

               balancing rules including network-related reserve power rules (finalise network code on balancing),

               —

               rules regarding harmonised transmission tariff structures and/or investment incentives.

         Article 2
   As it is foreseen that harmonised rules on congestion management will pass the comitology procedure in 2012 the Commission establishes for the development of harmonised gas rules this annual priority list for 2013:

               —

               capacity allocation (adoption under comitology procedure),

               —

               balancing rules including network-related rules on nomination procedure, rules for imbalance charges and rules for operational balancing between transmission system operators' systems (finalise network code and start adoption process),

               —

               interoperability and data exchange rules,

               —

               rules regarding harmonised transmission tariff structures.

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

      Done at Brussels, 19 July 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 211, 14.8.2009, p. 15.

      (2)  OJ L 211, 14.8.2009, p. 36.

      (3)  The responses are published under:
   http://ec.europa.eu/energy/gas_electricity/consultations/20120416_network_codes_en.htm

      (4)  OJ L 295, 12.11.2010, p. 1.

      (5)  The network codes on operational training and on requirements and operational procedures in emergency will follow later.


title: Council Decision (EU) 2015/990 of 19 June 2015 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Deutsche Bundesbank

text:
               25.6.2015

               EN

               Official Journal of the European Union

               L 159/61

         COUNCIL DECISION (EU) 2015/990
   of 19 June 2015
   amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Deutsche Bundesbank
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular Article 27.1 thereof,
   Having regard to the Recommendation of the European Central Bank of 27 March 2015 to the Council of the European Union on the external auditors of the Deutsche Bundesbank (ECB/2015/14) (1),
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and of the national central banks of the Member States whose currency is the euro are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

               (2)

               The mandate of the external auditors of the Deutsche Bundesbank expired after the audit for the financial year 2014. It is therefore necessary to appoint external auditors from the financial year 2015.

               (3)

               The Deutsche Bundesbank has selected KPMG AG Wirtschaftsprüfungsgesellschaft as its external auditors for the financial years 2015 to 2020.

               (4)

               The Governing Council of the ECB has recommended that KPMG AG Wirtschaftsprüfungsgesellschaft should be appointed as the external auditors of the Deutsche Bundesbank for the financial years 2015 to 2020.

               (5)

               Following the recommendation of the Governing Council of the ECB, Council Decision 1999/70/EC (2) should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 1 of Decision 1999/70/EC, paragraph 2 is replaced by the following:

      ‘2.   KPMG AG Wirtschaftsprüfungsgesellschaft is hereby approved as the external auditors of the Deutsche Bundesbank for the financial years 2015 to 2020.’.

   Article 2
   This Decision shall take effect on the date of its notification.
   Article 3
   This Decision is addressed to the ECB.

      Done at Luxembourg, 19 June 2015.

            For the Council

            The President

         J. REIRS

      (1)  OJ C 149, 6.5.2015, p. 1.

      (2)  Council Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (OJ L 22, 29.1.1999, p. 69).


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31978D1028

78/1028/EEC: Council Decision of 18 December 1978 setting up an Advisory Committee on Veterinary Training

Official Journal L 362 , 23/12/1978 P. 0010 - 0011 Finnish special edition: Chapter 16 Volume 1 P. 0043  Greek special edition: Chapter 05 Volume 3 P. 0157  Swedish special edition: Chapter 16 Volume 1 P. 0043  Spanish special edition: Chapter 06 Volume 2 P. 0059  Portuguese special edition Chapter 06 Volume 2 P. 0059

COUNCIL DECISION  of 18 December 1978  setting up an Advisory Committee on Veterinary Training  (78/1028/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the draft Decision submitted by the Commission,  Whereas, in its resolution of 6 June 1974 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications, the Council declared itself in favour of the establishment of advisory committees;  Whereas, in the context of the mutual recognition of diplomas, certificates and other evidence of formal qualifications and the coordination of the conditions for taking up and pursuing activities as a veterinary surgeon, it is important to ensure a comparably high standard of training;  Whereas, to contribute to the achievement of this objective, it is desirable to set up an Advisory Committee to advise the Commission,  HAS DECIDED AS FOLLOWS:    Article 1 An Advisory Committee on Veterinary Training, hereinafter called "the Committee", shall be set up within the Commission.   Article 2 1. The task of the Committee shall be to help to ensure a comparably high standard of veterinary training in the Community.  2. It shall carry out this task in particular by the following means:    - exchange of comprehensive information as to the training methods and the content, level and structure of theoretical and practical courses provided in the Member States,       - discussion and consultation with the object of developing common approaches to the standard to be attained in the training of veterinary surgeons and, as appropriate, to the structure and content of such training,       - keeping under review the adaptation of veterinary training to developments in veterinary science and teaching methods.         3. The Committee shall communicate to the Commission and the Member States its opinions and recommendations including, when it considers it appropriate, suggestions for amendments to be made to the Articles relating to veterinary training in Directives 78/1026/EEC (1) and 78/1027/EEC (2).  4. The Committee shall also advise the Commission on any matter which the Commission may refer to it in relation to veterinary training.   Article 3 1. The Committee shall consist of three experts from each Member State, as follows:    - one expert from the practising profession,       - one expert from the veterinary science teaching institutions,       - one expert from the competent authorities of the Member States.         2. There shall be an alternate for each member. Alternates may attend the meetings of the Committee.  3. The members and alternates referred to in paragraphs 1 and 2 shall be nominated by the Member States. The members referred to in the first and second indents of paragraph 1 and their alternates shall be nominated upon the proposal of the practising profession and the veterinary teaching institutions. The members and alternates thus nominated shall be appointed by the Council.  (1)See page 1 of this Official Journal. (2)See page 7 of this Official Journal.    Article 4 1. The term of office of a member of the Committee shall be three years. After the expiry of this period the members of the Committee shall remain in office until replacements have been provided for or their term of office is renewed.  2. The term of office of a member may end before the expiry of three years by virtue of resignation or death of the member, or his replacement by another person, in accordance with the procedure described in Article 3. Such an appointment would be for the remainder of the term of office.   Article 5 The Committee shall elect a chairman and two deputy chairmen from its own membership. It shall adopt its own rules of procedure. The agenda for meetings shall be drawn up by the chairman of the Committee in consultation with the Commission.   Article 6 The Committee may set up working parties and call upon and allow observers of experts to assist it in connection with all the special aspects of its work.   Article 7 The secretariat for the Committee shall be provided by the Commission.     Done at Brussels, 18 December 1978.  For the Council  The President  H.-D. GENSCHER


title: Decision (EU) 2017/339 of the European Parliament and of the Council of 14 December 2016 on the mobilisation of the Contingency Margin in 2016

text:
               28.2.2017

               EN

               Official Journal of the European Union

               L 50/47

         DECISION (EU) 2017/339 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 14 December 2016
   on the mobilisation of the Contingency Margin in 2016
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (1), and in particular the second subparagraph of point (14) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 13 of Council Regulation (EU, Euratom) No 1311/2013 (2) has established a Contingency Margin of up to 0,03 % of the Gross National Income of the Union.

               (2)

               In accordance with Article 6 of that Regulation, the Commission has calculated the absolute amount of the Contingency Margin for 2016 (3).

               (3)

               After having examined all other financial possibilities to react to unforeseen circumstances within the 2016 commitment ceiling for heading 3 (Security and citizenship) of the multiannual financial framework, and after having mobilised the Flexibility Instrument for the full amount of EUR 1 530 million available in 2016, it appears necessary to mobilise the Contingency Margin to address the needs stemming from the migration, refugee and security crisis, by increasing the commitment appropriations in the general budget of the European Union for the financial year 2016, above the commitment ceiling of heading 3.

               (4)

               Having regard to this very particular situation, the last-resort condition in Article 13(1) of Regulation (EU, Euratom) No 1311/2013 is fulfilled,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the Union for the financial year 2016, the Contingency Margin shall be mobilised to provide the amount of EUR 240,1 million in commitment appropriations over and above the commitment ceiling of heading 3 of the multiannual financial framework.
   Article 2
   The amount of EUR 240,1 million in commitment appropriations referred to in Article 1 shall be fully offset against the margin under the commitment ceiling of heading 5 (Administration) of the multiannual financial framework for the financial year 2016.
   Article 3
   This decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 14 December 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         I. KORČOK

      (1)  OJ C 373, 20.12.2013, p. 1.

      (2)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

      (3)  Communication from the Commission to the Council and the European Parliament of 22 May 2015 on the technical adjustment of the financial framework for 2016 in line with movements in GNI (COM(2015) 320).


title: Administrative Commission of the European Communities on Social Security for Migrant "Workers: Decision No 94 of 24 January 1974 concerning the scope of Article 71 (1) (b) (ii) of Council Regulation (EEC) No 1408/71 relating to the right to unemployment benefits of workers other than frontier workers who, during their last employment, were residing in the territory of a Member State other than the competent State

text:
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31974Y1017(02)

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS DECISION NO 94 OF 24 JANUARY 1974 CONCERNING THE SCOPE OF ARTICLE 71 ( 1 ) ( B ) ( II ) OF COUNCIL REGULATION ( EEC ) NO 1408/71 RELATING TO THE RIGHT TO UNEMPLOYMENT BENEFITS OF WORKERS OTHER THAN FRONTIER WORKERS WHO, DURING THEIR LAST EMPLOYMENT, WERE RESIDING IN THE TERRITORY OF A MEMBER STATE OTHER THAN THE COMPETENT STATE

Official Journal C 126 , 17/10/1974 P. 0022 Spanish special edition: Chapter 05 Volume 2 P. 0038  Portuguese special edition Chapter 05 Volume 2 P. 0038

DECISION No 94  of 24 January 1974  concerning the scope of Article 71 (1) (b) (ii) of Council Regulation (EEC) No 1408/71 relating to the right to unemployment benefits of workers other than frontier workers who, during their last employment, were residing in the territory of a Member State other than the competent State    THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all questions of interpretation arising from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72;  Having been requested to decide which workers are referred to in Article 71 (1) (b) (ii) of Regulation (EEC) No 1408/71;  Whereas Article 71 of that Regulation lays down special rules on the granting of unemployment benefits and the responsibility for providing such benefits to unemployed persons who, during their last employment, were residing in the territory of a Member State other than the competent State;  Whereas the determining factor for the application of Article 71 in its entirety is the residence of the person concerned in a Member State other than that to whose legislation he was subject during his last employment;  Whereas according to the definition in Article 1 (h) of Regulation (EEC) No 1408/71 "residence" means habitual residence, "stay" being defined as temporary residence in subparagraph (i) of that Article;  Whereas workers who have fairly stable employment in one Member State must be presumed to be resident in that State, except in the situtations outlined below;  Whereas it should also be presumed that workers posted elsewhere reside in the country to which they have been posted;  Whereas it follows from Article 1 (b) and (c) of Regulation (EEC) No 1408/71 that frontier workers and seasonal workers reside in a country other than the country of employment, which, under Article 13 (2) of the said Regulation, is the competent State ; and whereas there can thus be no doubt that these workers are covered by Article 71 of that Regulation;  Whereas the categories of workers referred to in Article 14 (1) (b), (c) and (d) of Regulation (EEC) No 1408/71 are likely, in certain cases, to reside in a Member State other than the State which is the competent State in accordance with the provisions of that Article;  Whereas for the categories of workers referred to in the abovementioned Article 14 (1) (b), (c) and (d), the question as to these workers' country of residence should be examined case by case, whereas this should be done in the case of workers referred to in the abovementioned subparagraphs (b) and (c) for their insurance registration;  Whereas under Article 71 (1) (a) (ii) and (b) (ii) the responsibility for the payment of benefits is transferred from the competent State to the country of residence where the person concerned puts himself at the disposal of the employment services of the last-named country;  Whereas, although this is acceptable in the case of frontier workers and of seasonal workers and of certain other categories who likewise retain close links with their country of origin, it would no longer be acceptable if, by too broad an interpretation of the term "residence", the field of application of Article 71 of Regulation (EEC) No 1408/71 were to be extended to all migrant workers who have  fairly stable employment in a Member State and who have left their families in their country of origin;  Acting in accordance with the provisions of Article 80 (3) of Regulation No 1408/71,  HAS DECIDED:         1. In addition to seasonal workers, Article 71 (1) (b) (ii) of Regulation (EEC) No 1408/71 shall also apply to the following categories of workers:      (a) workers employed in international transport as referred to in Article 14 (1) (b);           (b) workers other than workers employed in international transport who normally pursue their activity in the territory of several Member States as referred to in Article 14 (1) (c);           (c) workers employed by an undertaking straddling a common frontier as referred to in Article 14 (1) (d);  in such cases where they are residing in the territory of a Member State other than the competent State.       2. This Decision shall be published in the Official Journal of the European Communities. It shall apply as from 1 October 1972 to the six original Member States and, in accordance with the Treaty of Accession, from 1 April 1973 to the three new Member States.              The Chairman of the Administrative Commission  K. JANTZ


title: 2009/200/EC: Decision of the European Parliament of 22 April 2008 on the closure of the accounts of the European Training Foundation for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/108

      DECISION OF THE EUROPEAN PARLIAMENT

   of 22 April 2008
   on the closure of the accounts of the European Training Foundation for the financial year 2006
   (2009/200/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Training Foundation for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Training Foundation for the financial year 2006, together with the Foundation's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to 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 (EEC) No 1360/90 of 7 May 1990 establishing a European Training Foundation (4), and in particular Article 11 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A6-0114/2008),

               1.

               Notes that the final annual accounts of the European Training Foundation are as annexed to the Court of Auditors' report;

               2.

               Approves the closure of the accounts of the European Training Foundation for the financial year 2006;

               3.

               Instructs its President to forward this Decision to the Director of the European Training Foundation, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 63.

      (2)  OJ C 309, 19.12.2007, p. 122.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 131, 23.5.1990, p. 1.

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


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31977D0715

77/715/EEC: Council Decision of 28 October 1977 on the conclusion of the European Agreement on the exchange of tissue-typing reagents and the Additional Protocol thereto

Official Journal L 295 , 18/11/1977 P. 0007 - 0007 Finnish special edition: Chapter 2 Volume 2 P. 0088  Greek special edition: Chapter 02 Volume 4 P. 0194  Swedish special edition: Chapter 2 Volume 2 P. 0088  Spanish special edition: Chapter 02 Volume 4 P. 0159  Portuguese special edition Chapter 02 Volume 4 P. 0159

COUNCIL DECISION  of 28 October 1977  on the conclusion of the European Agreement on the exchange of tissue-typing reagents and the Additional Protocol thereto  (77/715/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the recommendation from the Commission,  Whereas the European Agreement on the exchange of tissue-typing reagents, drawn up on the initiative of the Council of Europe, provides in Article 5 (1) that the Contracting Parties shall take all necessary measures to exempt from all import duties the tissue-typing reagents placed at their disposal by the other Parties;  Whereas any derogation from the Common Customs Tariff, whether of an autonomous or conventional nature, falls within the exclusive competence of the Community;  Whereas the addition to the said Agreement of an Additional Protocol enabling the European Economic Community to become a Contracting Party to the said Agreement enables the Community to exercise that competence;  Whereas that Agreement and the Additional Protocol thereto should therefore be concluded,  HAS DECIDED AS FOLLOWS:    Article 1 The European Agreement on the exchange of tissue-typing reagents and the additional Protocol thereto are hereby approved on behalf of the Community.  The texts of the Agreement and the Additional Protocol are annexed hereto.   Article 2 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement and the Additional Protocol and to confer upon them the necessary powers to bind the Community.        Done at Luxembourg, 28 October 1977.  For the Council  The President  G. SPITAELS           EUROPEAN AGREEMENT ON THE EXCHANGE OF TISSUE-TYPING REAGENTS    THE MEMBER STATES OF THE COUNCIL OF EUROPE, SIGNATORY HERETO,  Considering that tissue-typing reagents are not available in unlimited quantities;  Considering that it is highly desirable that Member States, in a spirit of European solidarity, should assist one another in the supply of these tissue-typing reagents, should the need arise;  Considering that such mutual assistance is only possible if the character and use of such tissue-typing regents are subject to rules to be laid down jointly by the Member States and if the necessary import facilities and exemptions are granted,  HAVE AGREED AS FOLLOWS:   Article 1 1. For the purposes of this Agreement, the expression "tissue-typing reagents" refers to reagents of human, animal, plant and other origin, used for the determination of tissue-typing  2. The provisions of Articles 2 to 6 of this Agreement shall also apply to cells of known antigenic composition to be used for the investigation of typing reagents.   Article 2 The Contracting Parties undertake, provided that they have sufficient stocks for their own needs, to make tissue-typing reagents available to other Parties who are in need of them and to charge only those costs of collection, processing and carriage of such substances and the cost (if any) of their purchase.   Article 3 Tissue-typing reagents shall be made available to the other Contracting Parties subject to the condition that no profit is made on them, and that they shall be used solely for medical and scientific, i.e. non-commercial, purposes and shall be delivered only to laboratories designated by the Governments concerned in accordance with Article 6 of this Agreement.   Article 4 1. The contracting parties shall certify that the provisions as laid down in the Protocol to this Agreement have been observed.  2. They shall also comply with any rules to which they have subscribed with regard to international standardization in this field.  3. All consignments of tissue-typing reagents shall be accompanied by a certificate to the effect that they were prepared in accordance with the specifications in the Protocol. This certificate shall be based on the model to be found in the Annex to the Protocol.  4. The Protocol and its Annex constitute an administrative arrangement and may be amended or supplemented by the Governments of the Parties to this Agreement.   Article 5 1. The contracting Parties shall take all necessary measures to exempt from all import duties the tissue-typing reagents placed at their disposal by the other Parties.  2. They shall also take all necessary measures to provide for the speedy delivery of these substances, by the most direct route, to the consignees referred to in Article 3 of this Agreement.   Article 6 The Contracting Parties shall forward to one another, through the Secretary-General of the Council of Europe, a list of the national and/or regional reference laboratories empowered to issue certificates as provided in Article 4 of the Agreement and to distribute imported tissue-typing reagents.   Article 7 1. This Agreement shall be open to signature by the Member States of the Council of Europe, who may become parties to it either by:     (a) signature without reservation in respect of ratification or acceptance, or       (b) signature with reservation in respect of ratification or acceptance, followed by ratification or acceptance.         2. Instruments of ratification on acceptance shall be deposited with the Secretary-General of the Council of Europe.   Article 8 1. This Agreement shall enter into force one month after the date on which three Member States of the Council shall have become Parties to the Agreement, in accordance with the provisions of Article 7.  2. As regards any Member State who shall subsequently sign the Agreement without reservation in respect of ratification or acceptance or who shall ratify or accept it, the Agreement shall enter into force one month after the date of such signature or after the date of deposit of the instrument of ratification or acceptance.   Article 9 1. After the entry into force of this Agreement, the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto.  2. Such accession shall be effected by depositing with the Secretary-General of the Council of Europe an instrument of accession which shall take effect one month after the date of its deposit.   Article 10 1. Any Contracting Party may at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Agreement shall apply.  2. Any Contracting Party may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary-General of the Council of Europe, extend this Agreement to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorized to give undertakings.  3. Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in Article 11 of this Agreement.   Article 11 1. Any Contracting Party may, in so far as it is concerned, denounce this Agreement by means of a notification adressed to the Secretary-General of the Council of Europe.  2. Such denunciation shall take effect six months after the date of receipt by the Secretary-General of such notification.   Article 12 The Secretary-General of the Council of Europe shall notify the Member States of the Council and any State which has acceded to this Agreement, of:    (a) any signature without reservation in respect of ratification or acceptance;       (b) any signature with reservation in respect of ratification or acceptance;       (c) the deposit of any instrument of ratification, acceptance or accession;       (d) any date of entry into force of this Agreement in accordance with Article 8 thereof;       (e) any declaration received in pursuance of the provisions of paragraphs 2 and 3 of Article 10;       (f) any notification received in pursuance of the provisions of Article 11 and the date on which denunciation takes effect;       (g) any amendment of or supplement to the Protocol and its Annex under Article 4 (4) of this Agreement.             In witness whereof the undersigned, being duly authorized thereto, having signed this Agreement.  Done at Strasbourg, this 17th day of September 1974, in the English and French languages, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.       PROTOCOL TO THE AGREEMENT  GENERAL PROVISIONS    1. Specificity   A. Tissue-typing reagents to be used in cytotoxic techniques on lymphocytes  These reagents must, when used according to the technique recommended by the producer, react with all lymphocytes known to contain the antigen(s) corresponding to the specificity (specificities) mentioned on the label. They must not react with any cell known not to contain this antigen (these antigens).  When these reagents are used according to the technique recommended by the producer there must be no evidence of any interfering serological phenomena such as:      (a) prozone effect;           (b) anticomplementarity.              B. Tissue-typing reagents for use in a complement fixation technique on platelets  These reagents must, when used according to the technique recommended by the producer, give complement fixation with all platelets kown to contain the antigen(s) corresponding to the specificity (specificities) mentioned on the label. They must not give complement fixation with any platelets known not to contain this antigen (these antigens).  When these reagents are used according to the technique recommended by the producer there must be no evidence of any interfering serological phenomena such as:      (a) prozone effect;           (b) anticomplementarity.                  2. Potency   A. Tissue-typing reagents to be used in cytotoxic techniques on lymphocytes  The titre of such a reagent is determined by making successive twofold dilutions of the reagent under study in inactivated AB serum from a donor negative for the antigen(s) corresponding to the antibody (antibodies) in the reagent who should also not have been immunized against tissue antigens by transfusion, pregnancy or other means. Each dilution is then tested with lymphocytes known to contain the corresponding antigen(s) in the reagent, using the technique recommended by the producer. The titre is the reciprocal of the figure representing the highest serum dilution in which a significantly positive reaction occurs, the dilution being calculated without the inclusion of the volume of the corpuscular suspension or any other additive in the total volume.   B. Tissue-typing reagents for use in a complement fixation technique on platelets  The titre of such a reagent is determined by making successive twofold dilutions of the reagent under study in 10 % inactivated AB serum in Veronal buffer. Each serum is then tested with platelets known to contain the antigen homologous to the antibodies in the reagent, using the technique recommended by the producer. The titre is the reciprocal of the figure representing the highest serum dilution in which a significantly positive reaction occurs, the dilution being calculated without the inclusion of the volume of the corpuscular suspension or any other additive in the total volume.  Further provisions, for tissue-typing reagents to be used in cytotoxic techniques on lymphocytes as well as for reagents to be used in a complement fixation technique on platelets:       3. Preservation  Tissue-typing reagents may be preserved in the liquid or in the dried state. Liquid reagents shall be kept at a temperature not above - 70 ºC, dried reagents at a temperature not above + 4 ºC.  Thawing and refreezing of the reagents during the period of storage must be avoided as much as possible.   Dried reagents shall be kept in an atmosphere of inert gas or in vacuo in the container in which they were dried and which shall be closed so as to exclude moisture. A dried reagent must not lose more than 0 75 % of its weight when tested by further drying over phosphorous pentoxide at a pressure not exceeding 0 702 mm of mercury for 24 hours.  Reagents shall be prepared with aseptic precautions and shall be free from bacterial contamination. In order to prevent bacterial growth the producer may decide that an antiseptic and/or antibiotic shall be added to the reagent. In such cases the reagent must still fulfil the requirements for specificity and potency in the presence of the added substance.  The above also applies to any other additives such as anticoagulants. Reagents, after thawing or after reconstitution, should be transparent and should not contain any sediment, gel or visible particles.       4. Stability and expiry date  Each reagent, when kept under the appropriate conditions of storage, should retain the requisite properties for at least one year.  The expiry date of a reagent in the liquid state as given on the label shall be not more than one year from the date of the last satisfactory potency test. The expiry date can be extended for further periods of one year by repetition of potency tests.  The expiry date of reagents in the dried form as given on the label shall be in accordance with evidence obtained from experiments on stability.       5. Dispensing and volume  Tissue-typing reagents shall be dispensed in such a way and in such volumes that the reagent in one container is sufficient for the performance of tests with positive and negative control corpuscles in addition to the performance of tests with the unknown corpuscles.  The volume in one container shall be such that the contents can, if necessary, be used for the performance of the appropriate tests for potency as described in this Protocol.       6. Records and samples  Written records shall be kept by the producing laboratory of all steps in the production and control of blood-grouping reagents. Adequate samples of all reagents issued shall be retained by the laboratory, until it can be reasonably assumed that the batch is no longer in use.       7. Shipment  Frozen reagents must be shipped in such fashion that they remain frozen until arrival. Care must be taken to protect reagents against inactivation by the entry of CO2. Dried reagents may be shipped at ambient temperatures.       8. Labels, leaflets and certificates   Two labels, one printed in English and one in French, in black on white paper, shall be affixed to each final container and shall contain the following information:    (a) name and address of producer;       (b) name of the reagent as it appears in the heading of the relevant specification;       (c) name and amount of antiseptic and/or antibiotic, if present, or indication of absence;       (d) the volume or, where the reagent is dried, the volume and composition of the fluid needed for reconstitution;       (e) expiry date;       (f) batch number;       (g) conditions of storage;       (h) results of the test for HB-Ag.         Moreover, these labels or the labels of the carton enclosing several final containers, or the leaflet accompanying the containers, shall contain the following information:    (a) full name and address of producer;       (b) name of the reagent as it appears in the heading of the relevant specification;       (c) the volume or, where the reagent is dried, the volume and composition of the fluid needed for reconstitution;       (d) date of last potency test;       (e) expiry date (if any);       (f) batch number;       (g) adequate description of the method of use recommended by the producer;        (h) conditions of storage of unopened ampoules and precautions to be taken after opening;       (i)  exact composition, including antiseptic and/or antibiotic if any;     (j)   statement whether the product contains or does not contain material of human origin.       Each consignment shall be accompanied by a certificate as provided in Article 4 of the Agreement and the Annex to the present Protocol. Examples of label and leaflet are attached to the present Protocol.       SPECIFIC PROVISIONS (1)   (1)To be completed under Article 4 (4) of the European Agreement on the exchange of tissue-typing reagents.         >PIC FILE= "T0010601">     EXAMPLE OF LEAFLET COUNCIL OF EUROPE  European Agreement on the exchange of tissue-typing reagents    1. National Tissue-Typing Reference Laboratory, 1 Main Street Metropolis, Westland.       2. Tissue-typing reagent anti HL-A I.       3. N3Na 0 71 g % solution is added.        4. 1 ml  or  To be reconstituted with 1 ml of distilled water.      5.  Expiry date 5 December 1975.      6.  Batch number No 7257.      7.  To be stored at - 70 ºC.      8.  Result of the test for HB-Ag : negative.  This leaflet must be affixed to each final container.     ANNEX TO THE PROTOCOL COUNCIL OF EUROPE European Agreement on the exchange of tissue-typing reagents CERTIFICATE (Article 4) >PIC FILE= "T0010602">        ADDITIONAL PROTOCOL TO THE EUROPEAN AGREEMENT ON THE EXCHANGE OF TISSUE-TYPING REAGENTS    THE SIGNATORY STATES TO THE EUROPEAN AGREEMENT ON THE EXCHANGE OF TISSUE-TYPING REAGENTS,  hereinafter called the "Agreement".  Recalling the provisions of Article 5 (1) of the Agreement, whereby the Contracting Parties shall take all necessary measures to exempt from all import duties the tissue-typing reagents placed at their disposal by the other Parties;  Whereas, with regard to the Member States of the European Economic Community, the undertaking to grant such exemption falls within the competence of the said Community which possesses the necessary powers for this purpose by virtue of the Treaty establishing the Community;  Whereas, for the purposes of applying Article 5 (1) of the Agreement, the European Economic Community should therefore be a Contracting Party to the Agreement,  HAVE AGREED AS FOLLOWS:    Article 1 The European Economic Community may become a Contracting Party to the Agreement by virtue of signing that Agreement.   Article 2 This Additional Protocol shall be open for signature by the States signatory to the Agreement who may become party to the Additional Protocol by following the procedure laid down in Article 7 of the Agreement.   Article 3 No Member State may become a Contracting Party to the Agreement without at the same time becoming a Contracting Party to this Additional Protocol, which shall form an integral part of the Agreement.   Article 4 This Additional Protocol shall enter into force at the same time as the Agreement.   Article 5 The Secretary-General of the Council of Europe shall notify Member States of the Council and the European Economic Community of:    (a) all signatures of this Additional Protocol;       (b) the deposit of all instruments of ratification or of acceptance;       (c) the date of entry into force of this Additional Protocol.               ANNEX TO THE PROTOCOL COUNCIL OF EUROPE European Agreement on the exchange of tissue-typing reagents CERTIFICATE (Article 4) >PIC FILE= "T0010602">        ADDITIONAL PROTOCOL TO THE EUROPEAN AGREEMENT ON THE EXCHANGE OF TISSUE-TYPING REAGENTS    THE SIGNATORY STATES TO THE EUROPEAN AGREEMENT ON THE EXCHANGE OF TISSUE-TYPING REAGENTS,  hereinafter called the "Agreement".  Recalling the provisions of Article 5 (1) of the Agreement, whereby the Contracting Parties shall take all necessary measures to exempt from all import duties the tissue-typing reagents placed at their disposal by the other Parties;  Whereas, with regard to the Member States of the European Economic Community, the undertaking to grant such exemption falls within the competence of the said Community which possesses the necessary powers for this purpose by virtue of the Treaty establishing the Community;  Whereas, for the purposes of applying Article 5 (1) of the Agreement, the European Economic Community should therefore be a Contracting Party to the Agreement,  HAVE AGREED AS FOLLOWS:    Article 1 The European Economic Community may become a Contracting Party to the Agreement by virtue of signing that Agreement.   Article 2 This Additional Protocol shall be open for signature by the States signatory to the Agreement who may become party to the Additional Protocol by following the procedure laid down in Article 7 of the Agreement.   Article 3 No Member State may become a Contracting Party to the Agreement without at the same time becoming a Contracting Party to this Additional Protocol, which shall form an integral part of the Agreement.   Article 4 This Additional Protocol shall enter into force at the same time as the Agreement.   Article 5 The Secretary-General of the Council of Europe shall notify Member States of the Council and the European Economic Community of:    (a) all signatures of this Additional Protocol;       (b) the deposit of all instruments of ratification or of acceptance;       (c) the date of entry into force of this Additional Protocol.


Avis juridique important

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32002D0539

2002/539/EC: Commission Decision of 2 July 2002 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Poland in the pre-accession period

Official Journal L 173 , 03/07/2002 P. 0041 - 0042

Commission Decisionof 2 July 2002conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Poland in the pre-accession period(2002/539/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89(1), and in particular Article 12(2) thereof,Having regard to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period(2), as amended by Regulation (EC) No 2252/2001(3), and in particular Article 3(2) thereof,Whereas:(1) In accordance with Article 4(5) of Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the Applicant Countries of central and eastern Europe in the pre-accession period(4), as last amended by Regulation (EC) No 2500/2001(5), a Programme for Agriculture and Rural Development was approved by Commission Decision C(2000) 3040 final on 18 October 2000, as amended by Commission Decision H 02/1236, adopted on 22 April 2002, for the Republic of Poland.(2) The Government of Poland and the Commission, acting on behalf of the European Community, have signed on 25 January 2001 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the execution of the Sapard Programme.(3) Regulation (EC) No 1266/1999 provides that the ex ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 may be waived on the basis of a case-by-case analysis of national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance. Regulation (EC) No 2222/2000 provides for detailed rules for the carrying out of said analysis.(4) The Competent Authority of the Republic of Poland has appointed the Agency for Restructuring and Modernisation of Agriculture to function as the Sapard Agency. It will be responsible for implementing the following measures: "Improvement in processing and marketing of food and fishery products", "Investments in agriculture holdings", "Development of rural infrastructure", "Vocational training" and "Technical assistance" as defined in the Programme for Agriculture and Rural Development that was approved by Decision C(2000) 3040 final for the Republic of Poland; whereas the National Fund (within the Ministry of Finance) has been established for the financial functions it is due to perform in the framework of the implementation of the SAPARD programme.(5) Pursuant to Regulation (EC) No 1266/1999 and Regulation (EC) No 2222/2000, the Commission has analysed the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance and has established that, for the implementation of the aforementioned measures, the Republic of Poland complies with the provisions of Articles 4 to 6 and of the Annex to Regulation (EC) No 2222/2000, and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.(6) In particular, the Agency for Restructuring and Modernisation of Agriculture has implemented the following key accreditation criteria satisfactorily: written procedures, segregation of duties, pre-project approval and pre-payment checks, payment procedures, accounting procedures, computer security, internal audit, and, where appropriate, public procurement provisions.(7) On 15 February 2002 the Polish authorities provided the revised list of eligible expenditure in conformity with Article 4(1), Section B of the Multiannual Financing Agreement, and this did not give rise to objections by the Commission.(8) The National Fund has implemented the following criteria satisfactorily for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for Poland: audit trail, treasury management, receipt of funds, disbursements to the Sapard Agency, computer security and internal audit.(9) It is therefore appropriate to waive the ex ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 and to confer on the Agency for Restructuring and Modernisation of Agriculture, and on the National Fund, the management of aid on a decentralised basis.(10) However, since the verifications carried out by the Commission are based on an operational, but not operating, system, it is therefore appropriate to confer the management of the Sapard Programme on the Agency for Restructuring and Modernisation of Agriculture, and on the National Fund, on a provisional basis.(11) Full conferral of management of the Sapard Programme is only envisaged after further verifications in order to ensure that the system operates satisfactorily have been carried out and after any recommendations the Commission may issue, with regard to the conferral of management of aid on the Agency for Restructuring and Modernisation of Agriculture, and on the National Fund, have been implemented,HAS DECIDED AS FOLLOWS:Article 1The requirement of ex ante approval by the Commission of project selection and contracting by Poland is hereby waived.Article 2Management of the Sapard Programme is conferred on a provisional basis to:1. the Agency for Restructuring and Modernisation of Agriculture in its role as Sapard Agency of the Republic of Poland, located at Al. Jana Pawa II nr 70, PL - 00 175 Warsaw, for the implementation of measures "Improvement in processing and marketing of food and fishery products", "Investments in agriculture holdings", "Development of rural infrastructure", "Vocational training" and "Technical assistance" as defined in the Programme for Agriculture and Rural Development that was approved by Decision C(2000) 3040 final; and2. the National Fund within the Ministry of Finance of the Republic of Poland, located at ul. Swietokrzyska 12, PL - 00 916 Warsaw, for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for Poland.Done at Brussels, 2 July 2002.For the CommissionFranz FischlerMember of the Commission(1) OJ L 161, 26.6.1999, p. 68.(2) OJ L 253, 7.10.2000, p. 5.(3) OJ L 304, 21.11.2001, p. 8.(4) OJ L 161, 26.6.1999, p. 87.(5) OJ L 342, 27.12.2001, p. 1.