Avis juridique important

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31999D0191

1999/191/CFSP: Council Decision of 9 March 1999 supplementing Joint Action 95/545/CFSP adopted by the Council on the basis of Article J.3 of the Treaty on European Union with regard to the participation of the Union in the implementing structures of the peace plan for Bosnia and Herzegovina

Official Journal L 063 , 12/03/1999 P. 0005 - 0005

COUNCIL DECISION of 9 March 1999 supplementing Joint Action 95/545/CFSP adopted by the Council on the basis of Article J.3 of the Treaty on European Union with regard to the participation of the Union in the implementing structures of the peace plan for Bosnia and Herzegovina (1999/191/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article J.11 thereof,Whereas on 11 December 1995 the Council adopted Joint Action 95/545/CFSP with regard to the participation of the Union in the implementing structures of the peace plan for Bosnia and Herzegovina (1), which was extended by Decision 96/745/CFSP (2) on 20 December 1996 until 31 December 1998 and by Decision 98/737/CFSP (3) on 22 December 1998 until 31 December 1999, and supplemented by Decision 97/476/CFSP (4) on 22 July 1997 and by Decision 98/607/CFSP (5) on 26 October 1998;Whereas in its conclusions of 25 January 1999, the Council welcomed the outcome of the Madrid Peace Implementation Conference and supported its conclusions, which map the way forward for further Dayton implementation, and reiterated its full support for the High Representative;Whereas on 1 February 1999 the Peace Implementation Council Steering Board approved the budget of the Office of the High Representative for 1999,HAS DECIDED AS FOLLOWS:Article 1 1. In order to cover the European Union's contribution to the operational expenses involved in the High Representative's mission in 1999, an amount of up to EUR 16 153 544 shall be charged to the general budget of the European Communities for 1999.2. The management of the expenditure financed by the amount specified in paragraph 1 shall be subject to the procedures and rules of the Community applying to budget matters.Article 2 This Decision shall enter into force on the day of its adoption and shall apply until 31 December 1999.Article 3 This Decision shall be published in the Official Journal.Done at Brussels, 9 March 1999.For the CouncilThe PresidentW. RIESTER(1) OJ L 309, 21. 12. 1995, p. 2.(2) OJ L 340, 30. 12. 1996, p. 3.(3) OJ L 354, 30. 12. 1998, p. 4.(4) OJ L 205, 31. 7. 1997, p. 2.(5) OJ L 290, 29. 10. 1998, p. 3.


Avis juridique important

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32004D0143

2004/143/EC: Commission Decision of 13 February 2004 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Estonia in the pre-accession period

Official Journal L 046 , 17/02/2004 P. 0040 - 0041

Commission Decisionof 13 February 2004conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Estonia in the pre-accession period(2004/143/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 Council 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(2), and in particular Article 4(5) and (6) thereof,Whereas:(1) The special accession programme for agriculture and rural development for the Republic of Estonia (hereinafter Sapard) was approved by Commission Decision of 17 November 2000(3), and as last amended by Commission Decision of 19 December 2002 in accordance with Article 4(5) of Regulation (EC) No 1268/1999.(2) The government of the Republic of Estonia and the Commission, acting on behalf of the European Community, signed on 25 January 2001 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the execution of the Sapard programme, as last amended by the Annual Financing Agreement for 2003, signed on 9 December 2003 which finally entered into force on 11 December 2003.(3) A Sapard agency, within the Agricultural Registers and Information Board, has been appointed by the competent authority of the Republic of Estonia for the implementation of some of the measures defined in the Sapard. The Ministry of Finance, National Fund, has been appointed for the financial functions it is due to perform in the framework of the implementation of the Sapard.(4) On the basis of a case-by-case analysis of the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance, as provided for in Article 12(2) of Regulation (EC) No 1266/1999, the Commission adopted Decision 2001/461/EC of 15 June 2001 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Estonia in the pre-accession period(4) with regard to certain measures provided for in the Sapard.(5) The Commission has since undertaken a further analysis under Article 12(2) of Regulation (EC) No 1266/1999 in respect of measure 6 "renovation and development of villages" (hereinafter measure 6) as provided for in the Sapard. The Commission considers that, also with regard to that measure, the Republic of Estonia complies with the provisions of Articles 4 to 6 and of the Annex 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(5) and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.(6) It is therefore appropriate to waive the ex ante approval requirement provided for in Article 12(1) of Regulation (EC) No 1266/1999 and to confer, with regard to measure 6, on the Agricultural Registers and Information Board, and on the National Fund in the Republic of Estonia, the management of aid on a decentralised basis.(7) However, since the verifications carried out by the Commission for measure 6 are based on a system that is not yet fully operational with regard to all relevant elements, it is appropriate to confer the management of the Sapard on the Agricultural Registers and Information Board, and on the National Fund, on a provisional basis, according to Article 3(2) of Regulation (EC) No 2222/2000.(8) Full conferral of management of the Sapard is only envisaged after further verifications have been carried out to ensure that the system operates satisfactorily and after any recommendations which the Commission may issue, with regard to the conferral of management of aid on the Agricultural Registers and Information Board and on the National Fund, have been implemented.(9) On 16 October 2003 the Estonian Authorities proposed the rules for eligibility of expenditure in accordance with Article 4(1) of section B of the Multiannual Financing Agreement. The Commission is called upon to take a decision in this respect,HAS DECIDED AS FOLLOWS:Article 1The requirement of ex ante approval by the Commission of project selection and contracting for measure 6 by the Republic of Estonia provided for in Article 12(1) of Regulation (EC) No 1266/1999 is hereby waived.Article 2Management of the Sapard is conferred on a provisional basis on:1. the Agricultural Registers and Information Board in its role as Sapard Agency of the Republic of Estonia, located at Narva mnt. 3, EE-51009 Tartu, for the implementation of measure 6 of the Sapard as defined in the Programme for Agricultural and Rural Development that was approved by the abovementioned Commission Decision; and2. the National Fund within the Ministry of Finance of the Republic of Estonia, located at 1, Suur-Ameerika, EE-15006 Tallinn, for the financial functions it is due to perform in the framework of the implementation of the Sapard for measure 6 for the Republic of Estonia.Article 3Without prejudice to any decision granting aid under the Sapard to individual beneficiaries, the rules for eligibility of expenditure concerning measure 6 as proposed by the Republic of Estonia in the operational manual sent to the Commission on 16 October 2003 and registered in the Commission under number AGR A/34972 shall apply.Done at Brussels, 13 February 2004.For the CommissionFranz FischlerMember of the Commission(1) OJ L 161, 26.6.1999, p. 68.(2) OJ L 161, 26.6.1999, p. 87. Regulation as last amended by Regulation (EC) No 696/2003 (OJ L 99, 17.4.2003, p. 24).(3) C(2000) 3321 final.(4) OJ L 162, 19.6.2001, p. 19.(5) OJ L 253, 7.10.2000, p. 5. Regulation as last amended by Regulation (EC) No 188/2003 (OJ L 27, 1.2.2003, p. 14).


Avis juridique important

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31996D0294

96/294/EC: Commission Decision of 6 May 1996 terminating the anti-dumping proceeding concerning imports of furfuryl alcohol originating in the People' s Republic of China and Thailand

Official Journal L 112 , 07/05/1996 P. 0018 - 0019

COMMISSION DECISION of 6 May 1996 terminating the anti-dumping proceeding concerning imports of furfuryl alcohol originating in the People's Republic of China and Thailand (96/294/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), and in particular Article 23 thereof,Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Community (2), as last amended by Regulation (EC) No 1251/95 (3), and in particular Articles 5 and 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE (1) In November 1994, the Commission received a complaint concerning alleged injurious dumping by imports of furfuryl alcohol originating in the People's Republic of China and Thailand.The complaint was lodged by Quaker Oats Chemicals Inc., on behalf of its production branch operating in the Community, which represented 80 % of Community production of furfuryl alcohol.The complaint contained sufficient evidence of dumping by the imports concerned and of material injury resulting therefrom to justify the initiation of an anti-dumping proceeding.(2) The Commission, after consultation, accordingly announced by a notice published in the Official Journal of the European Communities (4) the initiation of an anti-dumping proceeding with regard to the imports concerned by the complaint and commenced an investigation.(3) The People's Republic of China being regarded as a non-market economy country, the complainant proposed for the establishment of normal value Thailand as analogue country having a market economy. Thailand was considered an appropriate choice.(4) The investigation period chosen for the determination of dumping was 1 January to 31 December 1994.(5) The Commission officially advised the exporters and importers known to be concerned, the representatives of the exporting countries and the complainant of the initiation of the proceeding, and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing.(6) The Commission sent questionnaires to parties known to be concerned and received replies from the complainant Community producer, from one exporter in Thailand and from three importers in the Community.(7) The Commission carried out investigations at the Community producer's premises, in order to verify the response to the questionnaire.B. PRODUCT UNDER CONSIDERATION (8) The product covered by the complaint and the notice of initiation is furfuryl alcohol, a chemical belonging to the heterocyclic compound family called 'furans`. The product falls under CN code 2932 13 00.C. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING (9) In the course of the investigation, by a letter of 3 November 1995, the complainant Community producer withdrew the complaint and requested the termination of the anti-dumping proceeding. This was done on the grounds that changed market conditions have resulted in an abatement of the alleged injurious effects of the imports concerned which makes unnecessary, for the time being, the relief sought by the complainant.(10) Following the withdrawal of the complaint, the Commission considered whether the termination of the proceeding without the adoption of protective measures would not be in the Community interest.(11) Interested parties were informed of the essential facts and considerations on the basis of which the Commission intended to terminate the proceeding and were given the opportunity to comment. No information was received indicating that such termination would not be in the Community interest.(12) The Advisory Committee has been consulted and has raised no objection.(13) In the light of the above, the Commission, in accordance with Article 9 of Council Regulation (EC) No 3283/94, concludes that protective measures are unnecessary and that the proceeding should be terminated,HAS DECIDED AS FOLLOWS:Sole Article The anti-dumping proceeding concerning imports of furfuryl alcohol falling under CN code 2932 13 00 and originating in the People's Republic of China and Thailand is hereby terminated.Done at Brussels, 6 May 1996.For the CommissionLeon BRITTANVice-President(1) OJ No L 56, 6. 3. 1996, p. 1.(2) OJ No L 349, 31. 12. 1994, p. 1.(3) OJ No L 122, 2. 6. 1995, p. 1.(4) OJ No C 95, 19. 4. 1995, p. 4.


title: 2011/195/EU: European Council Decision of 25 March 2011 appointing a member of the Executive Board of the European Central Bank

text:
               30.3.2011

               EN

               Official Journal of the European Union

               L 82/7

         EUROPEAN COUNCIL DECISION
   of 25 March 2011
   appointing a member of the Executive Board of the European Central Bank
   (2011/195/EU)
   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2) thereof,
   Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,
   Having regard to the recommendation of the Council of the European Union (1),
   Having regard to the opinion of the European Parliament (2),
   Having regard to the opinion of the Governing Council of the European Central Bank (3),
   HAS ADOPTED THIS DECISION:
   Article 1
   Mr Peter PRAET is hereby appointed member of the Executive Board of the European Central Bank for a term of office of 8 years, as from 1 June 2011.
   Article 2
   This Decision 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, 25 March 2011.

            For the European Council

            The President

         H. VAN ROMPUY

      (1)  OJ C 56, 22.2.2011, p. 1.

      (2)  Opinion delivered on 24 March 2011 (not yet published in the Official Journal).

      (3)  OJ C 74, 8.3.2011, p. 1.


title: Council Decision 2014/726/CFSP of 20 October 2014 amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)

text:
               21.10.2014

               EN

               Official Journal of the European Union

               L 301/29

         COUNCIL DECISION 2014/726/CFSP
   of 20 October 2014
   amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)
   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 22 July 2014 the Council adopted Decision 2014/485/CFSP (1) amending Decision 2012/389/CFSP (2) and extending the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) until 12 December 2016.

               (2)

               Decision 2012/389/CFSP should be amended to extend the period covered by the financial reference amount until 15 October 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 13(1) of Decision 2012/389/CFSP is replaced as follows:

      ‘1.   The financial reference amount intended to cover the expenditure related to EUCAP NESTOR for the period from 16 July 2012 to 15 November 2013 shall be EUR 22 880 000.
      The financial reference amount intended to cover the expenditure related to EUCAP NESTOR for the period from 16 November 2013 to 15 October 2014 shall be EUR 11 950 000.
      The financial reference amount intended to cover the expenditure related to EUCAP NESTOR for the period from 16 October 2014 to 15 October 2015 shall be EUR 17 900 000.’

   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 16 October 2014.

      Done at Luxembourg, 20 October 2014.

            For the Council

            The President

         C. ASHTON

      (1)  Council Decision 2014/485/CFSP of 22 July 2014 amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 217, 23.7.2014, p. 39).

      (2)  Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 187, 17.7.2012, p. 40).


title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/190

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007
   (2009/677/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007, together with the Foundation’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               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 Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the improvement of living and working conditions (4), and in particular Article 16 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 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 (A6-0173/2009),

               1.

               Grants the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation’s budget for the financial year 2007;

               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 Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 60.

      (2)  OJ C 311, 5.12.2008, p. 156.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 139, 30.5.1975, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of the Decision on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007, together with the Foundation’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               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 Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the improvement of living and working conditions (4), and in particular Article 16 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 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 (A6-0173/2009),

               A.

               whereas the Court of Auditors (ECA) stated that it has obtained reasonable assurance that the annual accounts for the financial year 2007 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 22 April 2008 Parliament granted the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation’s budget for the financial year 2006 (6), and in its resolution accompanying the discharge decision, inter alia,

                           —

                           noted the ECA’s criticism that, in relation to recruitment procedures, the selection criteria were neither decided by selection boards at the outset nor defined in conformity with the vacancy notice, and the Foundation’s reply that all vacancy notices now include a clear indication of whether success in tests is a precondition for success in the competition,

                           —

                           noted further that, in 2006, the Foundation launched an ex-post evaluation of the 2001-2004 work programme, in conjunction with an interim evaluation of selected aspects of the Foundation’s ongoing work, with a view to determining the organisation’s impact, added value and effectiveness,

                           —

                           asked to be informed of the results of the evaluation,

         Weaknesses in recruitment procedures

               1.

               Regrets that in 2007, as in 2006, the ECA found weaknesses in recruitment procedures; in particular, the ECA again found a case where the selection criteria were not defined in conformity with the vacancy notice;

               2.

               Notes the ECA’s further observations that neither the weighting of the selection criteria nor the minimal scores to be achieved were decided by the selection board from the outset;

               3.

               Notes that the ECA considers that this situation did not ensure transparent and non-discriminatory recruitment procedures;

               4.

               Notes the Foundation’s reply that in 2008 the recruitment procedures have been adapted in order to comply with the ECA’s recommendations;

               5.

               Requests the Foundation to pay particular attention to the legality of its recruitment procedures and to specify, in its annual activity report for 2008, the action taken in follow-up to the ECA’s observations;

         Weaknesses in procurement procedures

               6.

               Is concerned that in three procurement procedures the ECA found anomalies such as:

                           —

                           the financial evaluation procedure for a contract not being clearly specified in the tender documents,

                           —

                           selection criteria not allowing proper evaluation of the financial capacity of the candidates;

               7.

               Notes the ECA’s concern that this situation undermined the quality of the procedures and risked biasing the final selection;

               8.

               Notes the Foundation’s replies that, in future, price evaluations will be defined in a way that avoids discretionary powers from the outset, and criteria for the application of minimal capacity levels will be laid down;

               9.

               Requests the Foundation to specify, in its annual activity report for 2008, the action taken in follow-up to the ECA’s observations;

         Introduction of accrual based accounting (ABAC)

               10.

               Is satisfied that the Foundation introduced ABAC in 2008;

               11.

               Notes the ECA’s observation that, under the Financial Regulation, contributions the Foundation received from the Commission to prepare for the membership of Croatia and Turkey should have been treated as assigned revenue;

               12.

               Notes the Foundation’s reply that from 2008 budget lines for assigned revenue have been set up in ABAC, and that it will follow the ECA’s recommendation;

               13.

               Notes the ECA’s finding that recoverable VAT of EUR 376 611 in respect of 2007 should have been claimed by the year-end in order to comply with the principle of sound financial management;

               14.

               Acknowledges the Foundation’s reply that VAT recovery was delayed due to the introduction of ABAC; notes that the outstanding VAT was fully recovered by April 2008;

         Follow-up to the previous discharge exercise

               15.

               Recalls that, in 2006, the Foundation launched an ex-post evaluation of the 2001-2004 work programme, in conjunction with an interim evaluation of selected aspects of the Foundation’s ongoing work, with a view to determining the organisation’s impact, added value and effectiveness;

               16.

               Notes from the annual activity report that in 2006 the Foundation’s strategic direction was reviewed and five strategic goals formulated;

               17.

               Insists on being informed of the results of the evaluation regarding the Foundation’s impact, added value and effectiveness in time for the 2008 discharge exercise;

               18.

               Refers for other observations accompanying its Decision on discharge which are of a horizontal nature to its Resolution of 23 April 2009 on financial management and control of EU agencies (7).

      (1)  OJ C 278, 31.10.2008, p. 60.

      (2)  OJ C 311, 5.12.2008, p. 156.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 139, 30.5.1975, p. 1.

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

      (6)  OJ L 88, 31.3.2009, p. 93.

      (7)  See page 206 of this Official Journal.


title: Décision du Conseil, du 28 juin 2004, portant nomination d'un membre des chambres de recours de l'Office de l'harmonisation dans le marché intérieur (marques, dessins et modèles)

text:
               6.7.2004

               EN

               Official Journal of the European Union

               C 174/1

      COUNCIL DECISION

   of 28 June 2004
   appointing a member of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs)
   (2004/C 174/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (1), and in particular Articles 120 and 131 thereof,
   Having regard to the candidatures presented by the Administrative Board of the Office for Harmonization in the Internal Market (Trade Marks and Designs) on 26 April 2004,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Ilse MAYER, born in Gmünd (Austria) on 19 October 1955, is hereby appointed member of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) for a period of five years.
   Article 2
   The date on which the five-year period referred to in Article 1 will commence shall be determined by the Administrative Board of the Office for Harmonization in the Internal Market (Trade Marks and Designs).

      Done at Luxembourg, 28 June 2004.

            For the Council

            The President

         M. CULLEN

      (1)  OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) No 422/2004 (OJ L 70, 9.3.2004, p. 1).


title: Council Decision (CFSP) 2017/718 of 27 March 2017 concerning the signing and conclusion of the Agreement between the European Union and the Republic of Moldova on security procedures for exchanging and protecting classified information

text:
               22.4.2017

               EN

               Official Journal of the European Union

               L 106/1

         COUNCIL DECISION (CFSP) 2017/718
   of 27 March 2017
   concerning the signing and conclusion of the Agreement between the European Union and the Republic of Moldova on security procedures for exchanging and protecting classified information
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and the first subparagraph of Article 218(6) of the Treaty on the Functioning of the European Union,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               At its meeting on 26 May 2015, the Council decided to authorise the High Representative of the Union for Foreign Affairs and Security Policy (HR) to open negotiations pursuant to Article 37 of the Treaty on European Union and in accordance with the procedure laid down in Article 218(3) of the Treaty on the Functioning of the European Union in order to conclude an Agreement on the security of information between the European Union and the Republic of Moldova.

               (2)

               Following that authorisation, the HR negotiated an Agreement with the Republic of Moldova on security procedures for exchanging and protecting classified information.

               (3)

               That Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Moldova on security procedures for exchanging and protecting classified information is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 27 March 2017.

            For the Council

            The President

         C. ABELA


Avis juridique important

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32002D0092

2002/92/EC: Council Decision of 28 January 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romania

Official Journal L 044 , 14/02/2002 P. 0082 - 0091

Council Decisionof 28 January 2002on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romania(2002/92/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) The Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy.(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them.(3) Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria; where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance.(4) The Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies.(5) The 2001 Commission's regular report presents an objective analysis on Romania's preparations for membership and identifies a number of priority areas for further work.(6) In order to prepare for membership, Romania should continue to update its national programme for the adoption of the acquis. This programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership.(7) Romania needs to ensure that the appropriate legal and administrative structures needed for the programming, coordination, management, control and evaluation of Community pre-accession funds are in place,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions in the Accession Partnership for Romania are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 28 January 2002.For the CouncilThe PresidentJ. Piqué i Camps(1) OJ L 85, 20.3.1998, p. 1.ANNEX1. IntroductionAt its meeting in Luxembourg in December 1997, the European Council decided that the Accession Partnership would be the key feature of the enhanced pre-accession strategy, mobilising all forms of assistance to the candidate countries within a single framework. In this manner, the Community targets its assistance towards the specific needs of each candidate so as to provide support for overcoming particular problems with a view to accession.The first Accession Partnership for Romania was decided in March 1998. As provided for in Regulation (EC) No 622/98 (Article 2), the Accession Partnership was updated a first time in December 1999, taking into account further developments in Romania. The present revision is based on a proposal by the Commission following consultation with Romania, and draws on the analysis of the Commission's 2001 regular report on progress made by Romania towards accession.2. ObjectivesThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 2001 regular reports on the progress made by Romania towards membership of the Union, the financial means available to help Romania implement these priorities and the conditions which will apply to that assistance. The Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include inter alia, the updated national programme for the adoption of the acquis prepared by Romania, the pre-accession fiscal surveillance procedure, the pre-accession economic programme, the pre-accession pact on organised crime as well as the national development plans, the rural development plans, a national employment strategy in line with the European employment strategy, and sectoral plans necessary for the participation in the Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures and may be supported by pre-accession aid. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.3. PrinciplesThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid in 1995, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure harmonious operation of Community policies after accession and at Luxembourg, in 1997, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied. The Feira and Gothenburg European Councils in 2000 and 2001 respectively confirmed the vital importance of the applicant countries' capacity to implement and enforce the acquis, and added that this required important efforts by the applicants in strengthening and reforming their administrative and judicial structures.4. Priorities and intermediate objectivesThe Commission's regular reports have highlighted, besides the progress already made, the extent of the efforts which still have to be made in certain areas by candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with Romania. The priorities listed in the revised Accession Partnership have been selected on the basis that it is realistic to expect that Romania can complete or take them substantially forward over the next two years (2002 to 2003). Within this list, issues that require particularly urgent action have been highlighted as such. The progress made in meeting the priorities of the 1999 Accession Partnership is assessed in the 2001 regular report. This assessment has been used in formulating the priorities for the current Partnership.Romania submitted an updated version of its national programme for the adoption of the acquis (NPAA) on 29 June 2001. The NPAA sets out a timetable for achieving priorities and intermediate objectives, based on the 1999 Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Romania's membership preparations. Romania will nevertheless have to address all issues identified in the 2001 regular report. It is also important that Romania fulfils the commitments of legislative approximation and the implementation of the acquis in accordance with the commitments made under the Europe Agreement, and in the context of the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's regular report, the following priorities and intermediate objectives have been identified for Romania. These priorities are presented in accordance with the structure of the regular report(1).Political criteriaDemocracy and the rule of law- develop the policy framework set by the 1999 law on civil servants by introducing and implementing necessary secondary legislation,- adopt and implement a comprehensive public administration reform package. Issues addressed should include (i) devising mechanisms to ensure the independence from undue influences and the accountability of civil servants, (ii) improved provisions for both initial and in-service training, and (iii) a career structure based on transparent promotion and assessment,- intensify the fight against corruption in a comprehensive way, in particular by (i) clarifying the competencies of all bodies involved in anti-corruption activities, ensuring improved coordination between these bodies, and strengthening their implementation capacities, (ii) ratifying relevant international conventions against corruption, and (iii) introducing the notion of liability of legal persons into Romanian criminal law. Ensure effective immediate action with impact on public opinion and transparent administrative decisions,- enhance policy formulation by (i) improving policy coordination and consultation procedures between ministries, (ii) consulting stakeholders - in particular the social partners and representatives from civil society, and (iii) screening all draft legislation for its budgetary implications as well as compatibility with the Europe Agreement, the acquis communautaire, and international obligations,- reduce the reliance on ordinances, and emergency ordinances, as a legislative tool,- provide adequate resources to the local levels of government to allow resources to match responsibilities,- guarantee the independence of the judiciary. Improve its functioning by introducing objective criteria for recruitment and career development for judges and prosecutors, and ensuring appropriate initial and in-service training of judges, prosecutors and law clerks through continued support to the National Institute for the Magistracy and the Training Centre for Law Clerks. Widen the availability of legal aid,- improve the enforcement of civil decisions,- develop an effective probation system and limit the use of pre-trial detention,- continue police reform by (i) adopting the draft laws on police organisation and the statute of police officers, (ii) redefining the police force as civil servants albeit with special status and (iii) bringing police officers under the jurisdiction of civilian courts,- revise those sections of the Penal Code dealing with verbal outrage and offence against authorities in order to ensure that they do not inhibit legitimate freedom of expression.Human rights and the protection of minorities- complete the reform of the childcare system in accordance with the national strategy on the protection of children in need. The reform should (i) include adequate budgetary support for all children in care, (ii) address the particular problems of children with chronic diseases and handicaps, (iii) address the particular problems of young adults leaving institutions, and (iv) work towards closure of the existing special schools through the development of an inclusive education system,- maintain the moratorium on international adoption in place until new legislation compatible with the best interests of the child and Romania's international obligations is adopted and the administrative capacity to implement the new legislation is ensured,- provide adequate financial support and administrative capacity in order to implement the Government strategy on the improvement of the situation of Roma at national, regional and local levels with particular attention to fighting discrimination (including within the public administration) and ensure equal access to mainstream education, housing and social services,- ensure that an efficient system for examining complaints of police misconduct is established and functions properly; access by Roma to this system should be ensured,- provide adequate financial support and administrative capacity in order to adopt and implement the national strategy on the improvement of the situation of persons with handicaps,- establish and ensure the due functioning of institutions to prevent and combat all forms of discrimination.Economic criteria- establish macroeconomic stability, in particular through the implementation of structural reforms, with a view to ensuring medium-term sustainability of public finances,- promote competitiveness through market-driven enterprise restructuring including: (i) continuing and intensifying the privatisation process with a view to completing the Government's programme, (ii) taking measures to stimulate domestic and foreign investment, (iii) simplification of legal and administrative procedures, (iv) implementing new bankruptcy procedures, and (v) stabilising and increasing the transparency of the rules governing privatisation and business operation to ensure correct privatisation procedures,- deal in particular with the outstanding arrears between companies (between public companies, but also between private and public companies),- implement a plan for restructuring the steel sector in line with Community requirements and implement viability plans in the steel enterprises,- implement a restructuring plan for the national air carrier aimed at reducing financial losses,- speed up the creation of a functioning land market by developing a policy for agricultural land consolidation, completing the issuance of land titles and strengthening property rights,- develop a policy framework for rural credit and rural financial infrastructure compatible with IFI and Community financial support,- create an SME-friendly economic and legal environment, and in particular continue simplification of registration and licensing procedures.Ability to assume the obligations of membershipFree movement of goods- continue implementation of "New approach" directives on the basis of framework legislation, and reinforce related administrative capacity (conformity assessment bodies). Bring Romanian legislation on pharmaceuticals, chemicals, cosmetics, textiles, footwear, legal metrology and motor vehicles into line with the acquis, and pursue alignment of the remaining traditional technical legislation. Pursue adoption of EN standards. Establish a market surveillance system, and prepare administration and food operators to Community principles of food safety,- ensure an appropriate implementation of the new legislation on public procurement,- proceed with screening of legislation in the non-harmonised area to ensure that it is in compliance with Articles 28, 29 and 30 of the Treaty and complete administrative arrangements for the future monitoring in this area.Free movement for persons- pursue alignment of mutual recognition of professional qualifications and diplomas and introduce required administrative structures, education and training programmes,- take preparatory measures to develop the administrative structures for the coordination of social security systems.Freedom to provide services- pursue alignment of legislation on securities markets,- reinforce the supervision of financial services.Free movement of capital- ensure compliance with the recommendations of the financial action task force,- complete alignment of legislation with the second Directive against money laundering.Company law- strengthen administrative capacity of enforcement bodies of intellectual and industrial property rights and increase efforts to fight against piracy and counterfeiting. Improve cooperation among enforcement bodies notably the police, customs and the judiciary. Strengthen administrative capacity at the border and ensuring proper enforcement of border legislation. Intensify training for enforcement bodies including judges and prosecutors,- complete the process of alignment to the acquis, in particular through the adoption of necessary secondary legislation.Competition- complete the legislative framework in both State aid and anti-trust. Strengthen the administrative capacity of the competition authorities; ensure enforcement of the rules in anti-trust and State aid including the alignment of incompatible aid schemes. Complete the State aid inventory and prepare the annual reports. Increase awareness of the rules among all market participants and aid granters; intensify the training of the judiciary in the competition field.Agriculture- organise and carry out a general agricultural census,- prepare the administrative structures needed for the design, implementation, management, monitoring, control and evaluation of Community-funded rural development programmes,- reinforce administrative structures in order to improve capacities for policy formulation and economic analysis,- prepare for the implementation and enforcement of the management mechanisms of the common agricultural policy, in particular the integrated administration and control system including an animal identification and registration system and a land parcels identification system, as well as for the implementation and enforcement of veterinary and phytosanitary and food safety legislation,- continue the establishment of a vineyard register and control systems in the wine sector,- continue alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements, in particular at future external borders,- complete transposition of legislation on transmissible spongiform encephalopathies, plant passports, maximum residue levels, animal nutrition and ensure implementation and enforcement, including testing of animal diseases, in particular transmissible spongiform encephalopathies, in accordance with the acquis,- strengthen the administrative capacity to implement the food safety strategy.Fisheries- complete the establishment of adequate organisation, adequate institutional resources and equipment relating to inspection and controls at central and regional levels. Complete the fishing register in full compliance with Community requirements. Develop a reliable system of fisheries statistics.Transport policy- reinforce administrative capacity in road transport and continue legal alignment (in particular phase out discriminatory practices in road transport taxation/charging) and begin the implementation of an action plan to retrofit Romanian haulage vehicles with speed limitation devices and recording equipment,- ensure due implementation of the maritime safety acquis, taking into account its latest developments, and strengthen the administrative capacity in order to improve the flag State performance of the Romanian fleet,- restructure and modernise the Romanian Danube fleet to increase its competitiveness and to prepare it to comply with Community technical requirements,- transpose and implement the revised railways acquis.Taxation- ensure legislative alignment with particular attention to VAT exemptions, refund conditions, taxable scope and zero-rating as well as excise duties levels, structure and exemptions,- ensure that existing and future legislation complies with the principles of the Code of Conduct for Business Taxation,- strengthen administrative capacity and control procedures including administrative cooperation and mutual assistance. Particular attention should be given to revenue collection, setting up of a taxpayer register, and refunding of VAT; draw up a tax administration strategy; establish a code of ethics and measures to apply such a code; assess the human resource requirements of the tax system and design and implement a training system covering both initial and in-service training,- develop IT systems so as to allow for the exchange of electronic data with the Community and its Member States,- implement the Holding and Movements Directives.Statistics- carry out a population census,- further improve quality and coverage of statistics by ensuring that adequate resources are made available to further strengthen statistical capacities, including at regional level.Social policy and employment- define and implement a national policy for employment that is in line with European employment guidelines, including preparations for participation in European Social Fund-type activities,- develop capacity of the national Agency for Employment to implement active measures and employment programmes and strengthen the employment services at local level notably by improving cooperation between local services in the field of employment and social assistance,- complete reform of the social assistance system, including financial decentralisation of the institutions involved,- continue alignment and ensure proper implementation of Community legislation in the fields of labour law, equal treatment for women and men and health and safety at work, notably through the adoption of the new Labour Code. Strengthen the related administrative and enforcement structures, including the labour inspectorates. Adopt secondary legislation against discrimination and develop a timetable for its implementation,- transpose and implement legislation on public health and develop a national system for surveillance and control of communicable diseases and a health monitoring information system,- adopt necessary legislation to strengthen employees' and employers' organisations and support social partners' capacity-building efforts, notably in autonomous bipartite social dialogue, in particular with a view to their future role in the elaboration and implementation of EU employment and social policy, including the European Social Fund,- strengthen the capacity to manage health sector reform in a comprehensive manner by improving strategic planning for human and financial resources to make efficient use of public funds while ensuring equal access to health care,- prepare a national strategy, including data collection, with a view to future participation in the European strategy on social inclusion.Energy- develop and implement an energy strategy in line with Union energy policy objectives. In addition to the main energy sources, the strategy should also focus on improved energy efficiency, in particular in the sector of heating, and the use of renewable energy,- advance the alignment process in the internal energy market (electricity and gas) through establishment of an independent electricity transmission system operator (electricity), elimination of remaining energy price distortions and preparation for continuing the progressive opening of the market, and ensuring independent and efficient regulatory mechanisms,- establish strict and transparent financial discipline between all the actors of the energy market in Romania, in order to phase in a programme of cost recovery and reduction of arrears,- develop and start implementing a programme to align to the oil stocks acquis,- implement the recommendations contained in the Council report on nuclear safety in the context of enlargement with due regard for the priorities assigned in the report,- continue to ensure a high level of nuclear safety at the Cernavoda nuclear power plant,- focus on strengthening the resources and capacities of the national regulatory authority for nuclear energy.Industrial policy- review policy framework and legislation to improve the access of enterprises (particularly SMEs) to investment finance,- implement a market-oriented competitiveness strategy including sectoral restructuring programmes.Telecommunications and information technologies- transpose the acquis on telecommunications and postal services,- prepare for the full liberalisation of the telecommunications market by creating a national regulatory authority.Culture and audiovisual policy- align legislation and strengthen the capacities of the independent television/radio regulatory authority.Regional policy and coordination of structural instruments- develop a national policy for economic and social cohesion and, in this context, regularly update and improve the national development plan,- set up the required monitoring and evaluation system, in particular for ex ante and ex post evaluation and for the collection of the relevant statistical information and indicators,- strengthen the institutional and administrative capacity of the bodies in charge of programming and managing funds for economic and social cohesion, in line with the Structural Funds approach; in particular define the managing and paying authorities; establish a clear division of responsibilities at national and regional level and improve the administrative capacity in terms of recruitment, career profiles and training. Ensure interministerial cooperation.- prepare to comply with basic financial management and control provisions as laid down by the respective regulations of the Structural Funds.Environment- complete transposition and start enforcement of the acquis in the sectors of horizontal legislation (environmental impact assessment), waste management, water quality, industrial pollution control and risk management (integrated pollution prevention and control, large combustion plants, control of major accident hazards involving dangerous substances),- draw up directive-specific implementation plans, including financing plans, with particular attention to waste management (including a waste management strategy at national and regional level), water quality and industrial pollution control and risk management (integrated pollution prevention and control, control of major accident hazards involving dangerous substances),- strengthen the administrative capacity at the national level to improve capacities for policy preparation and economic analysis. Particular attention needs to be paid to the enforcement capacity of the Environmental Protection Inspectorates at local level,- integrate environmental protection requirements into the definition and implementation of all other sectoral policies with a view to promoting sustainable development.Consumers and health protection- continue alignment of legislation, strengthen market surveillance and enforcement authorities, and in particular ensure effective implementation of the five-year strategy for the National Authority for Consumer Protection.Cooperation in the field of Justice and Home Affairs- improve border management by (i) developing an integrated border management strategy, (ii) implementing legislation for the law on the state frontier and the law on the organisation and functioning of the border police, (iii) ending the use of conscripts in the border police, and (iv) aligning legislation and practice in the field of countering illegal migration and trafficking in human beings, especially women and children,- develop and present a Schengen action plan,- continue progressive alignment of visa legislation and practice,- draw up and start implementing an integrated strategy for the fight against corruption and organised crime and improve the coordination between law enforcement bodies from prevention to prosecution,- develop and implement a national drugs strategy and establish a national focal point for contacts with the European Monitoring Centre on Drugs and Drug Addiction,- continue alignment on the relevant acquis in the field of money laundering; ratify and implement the 1981 Council of Europe Convention and strengthen the administrative capacity of the National Office for Preventing and Fighting Money Laundering Operations,- take the necessary steps in order to ensure the implementation of Community instruments in the area of judicial cooperation in civil matters,- take the necessary steps to align the legislation with the Convention on the Protection of the Communities' Financial Interests and its Protocols.Customs union- continue efforts to implement the customs ethics policy. Implement measures to reduce waiting times at the border, to fight cross-border movement of pirated and counterfeit goods and to fight economic crime and organised crime,- reinforce administrative and operational capacity in the field of customs enforcement through inter-service cooperation. Human resource requirements should be assessed and centralised training developed,- accelerate the implementation of the IT strategy of the Romanian customs administration; develop IT systems to permit the exchange of computerised data between the Community and Romania.Financial control- prepare a policy paper for public internal financial control, followed by legislation, rules and procedures in line with internationally accepted standards, covering, in an integrated manner (i) the financial management and control responsibilities of the manager of the budget spending centre (managerial accountability); (ii) the ex ante controls performed by the Ministry of Finance delegate preventive financial control systems, and (iii) the internal audit function, including its functional independence,- define and quantify the organisational, human resource and investment needs to establish internal financial control and internal audit in line with the policy paper, in key budget spending centres; draw up and implement plans for institution building and human resource development in the field of internal financial control and internal audit.- strengthen the institutional capacities of the Court of Accounts as necessary for the introduction of modern auditing procedures in line with international standards and best practice,- strengthen the fight against fraud, particularly as regards protection of Community financial interests,- designate a central contact point for the protection of Community financial interests and start effective cooperation with OLAF through this contact point,- step up efforts to ensure the correct use, control, monitoring and evaluation of Community pre-accession funds as a key indicator of Romania's ability to implement the financial control acquis.5. ProgrammingFor the period 2000 to 2006, in addition to PHARE, financial assistance to Romania comprises support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87); and support for infrastructure projects in the fields of environment and transport through the structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73), which gives priority to measures similar to the cohesion fund in the pre-accession period. Under these national allocations, Romania can also fund part of its participation in community programmes including the research and technological development framework programmes and programmes in the areas of education and enterprise. In addition Romania will have access to funding from multi country and horizontal programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and the International Financial Institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.6. ConditionalityCommunity assistance for financing projects through the three pre-accession instruments PHARE, ISPA and Sapard is conditional on respect by Romania of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this revised Accession Partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.7. MonitoringThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg, it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption and implementation of the acquis can be examined. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting the Partnership's priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The PHARE Management Committee ensures that actions financed under all three pre-accession instruments, PHARE, ISPA, and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the Coordinating Regulation (Council Regulation (EC) No 1266/1999, OJ L 161, 26.6.1999, p. 68).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) The order of presentation is that used as from the 2000 regular report.


C 297 E/130                                      Official Journal of the European Union                         EN         20.11.2008
Thursday 29 November 2007
            P6_TA(2007)0553
            Treatment of questions referred for a preliminary ruling concerning the area of
            freedom, security and justice *
            European Parliament legislative resolution of 29 November 2007 on the draft Council decision
            amending the Protocol on the Statute of the Court of Justice with regard to the treatment of ques-
            tions referred for a preliminary ruling concerning the area of freedom, security and justice
                                        (11824/2007 — C6-0292/2007 — 2007/0812(CNS))
            (Consultation procedure)
            The European Parliament,
            — having regard to the draft Council decision (11824/2007),
            — having regard to Article 245 (2) of the EC Treaty and Article 160 of the Euratom Treaty, pursuant to
                which the Council consulted Parliament (C6-0292/2007),
            — having regard to Rule 51 of its Rules of Procedure,
            — having regard to the report of the Committee on Legal Affairs (A6-0451/2007),
            1.    Approves the draft Council decision;
            2.    Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
            3.    Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation
            substantially;
            4.    Instructs its President to forward its position to the Council, the Commission and the Court of Justice.
            P6_TA(2007)0554
            Immunity and privileges of Renato Brunetta
            European Parliament decision of 29 November 2007 on the request for defence of the immunity
                                       and privileges of Renato Brunetta (2007/2172(IMM))
            The European Parliament,
            — having regard to the request by Renato Brunetta for defence of his immunity in connection with civil
                proceedings brought against him before the District Court in Milan, of 18 January 2007, announced in
                plenary sitting on 31 January 2007,
            — having heard Renato Brunetta in accordance with Rule 7(3) of its Rules of Procedure,
 ---pagebreak--- 20.11.2008        EN                           Official Journal of the European Union                                   C 297 E/131
                                                                                Thursday 29 November 2007
           — having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of
                the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election
                of the members of the European Parliament by direct universal suffrage,
           — having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the
                European Communities,
           — having regard to Rules 6(3) and 7 of its Rules of Procedure,
           — having regard to the report of the Committee on Legal Affairs (A6-0449/2007),
           1.    Decides to defend the immunity and privileges of Renato Brunetta;
           2.    Instructs its President to forward this decision, and the report of its committee responsible, immedi-
           ately to the appropriate authorities of the Italian Republic.
           (1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986]
               ECR 2391.
           P6_TA(2007)0555
           Coordination of certain of the Member States' provisions on television
           broadcasting ***II
           European Parliament legislative resolution of 29 November 2007 on the Council common position
           for adopting a directive of the European Parliament and of the Council amending Council Directive
           89/552/EEC on the coordination of certain provisions laid down by law, regulation or administra-
           tive action in Member States concerning the pursuit of television broadcasting activities
                                      (10076/6/2007 — C6-0352/2007 — 2005/0260(COD))
           (Codecision procedure: second reading)
           The European Parliament,
           — having regard to the Council common position (10076/6/2007 — C6-0352/2007),
           — having regard to its position at first reading (1) on the Commission proposal to Parliament and the
                Council (COM(2005)0646),
           — having regard to the amended Commission proposal (COM(2007)0170),
           — having regard to Article 251(2) of the EC Treaty,
           — having regard to Rule 67 of its Rules of Procedure,
           — having regard to the recommendation for second reading of the Committee on Culture and Education
                (A6-0442/2007),
           (1) Texts Adopted of 13 December 2006, P6_TA(2006)0559.


title: 2008/781/EC: Council Decision of 2 October 2008 appointing seven Bulgarian members and seven alternate Bulgarian members of the Committee of the Regions

text:
               9.10.2008

               EN

               Official Journal of the European Union

               L 268/29

      COUNCIL DECISION

   of 2 October 2008
   appointing seven Bulgarian members and seven alternate Bulgarian members of the Committee of the Regions
   (2008/781/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 proposal of the Bulgarian Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010.

               (2)

               Four members' seats on the Committee of the Regions have become vacant following the expiry of the mandates of Ms Antoaneta GEORGIEVA, Mr Yoan KOSTADINOV, Mr Veselin ZLATEV and Mr Bogomil BELCHEV. Three members' seats have become vacant following the resignations of Mr Remzi YUSEINOV, Mr Kiril YORDANOV and Mr Yordan LECHKOV. Four alternate members' seats have become vacant following the expiry of the mandates of Mr Delyan ENKIN, Mr Lachezar ROSENOV, Mr Nikola KOLEV and Ms Rumiana BOZUKOVA.

               (3)

               One alternate member's seat has become vacant following the resignation of Ms Anastasia MLADENOVA. Two alternate members' seats become vacant following the appointment of Mr Zlatko ZHIVKOV and Mr Vladimir MOSKOV as members of the Committee of the Regions,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               (a)

               as members:

                           Ms Dora Ilieva YANKOVA — Mayor of Smolian municipality, Chairman of the management council of the National Assembly of the Municipalities of the Republic of Bulgaria (NAMRB) (кмет на община Смолян, председател на управителния съвет на Националното сдружение на общините в Република България (НСОРБ)),

                           Mr Georgi Ivanov SLAVOV — Mayor of Yambol municipality (кмет на община Ямбол),

                           Mr Guner Fariz SERBEST — Mayor of Stambolovo, Member of the management council of the National Assembly of the Municipalities of the Republic of Bulgaria (NAMRB) (кмет на Стамболово, член на управителния съвет на Националното сдружение на общините в Република България (НСОРБ)),

                           Ms Penka Nedelkova PENKOVA — Mayor of Lom, Vice-Chairman of the management council of the National Assembly of the Municipalities of the Republic of Bulgaria (NAMRB) (кмет на Лом, заместник-председател на управителния съвет на Националното сдружение на общините в Република България (НСОРБ)),

                           Mr Bojidar Ivanov YOTOV — Mayor of Ruse (кмет на Русе),

                           Mr Zlatko ZHIVKOV — Vice-Chairman of the management council of the National Assembly of the Municipalities of the Republic of Bulgaria (NAMRB), Mayor of Montana (заместник-председател на управителния съвет на Националното сдружение на общините в Република България (НСОРБ), кмет на Монтана),

                           Mr Vladimir MOSKOV — Member of the management council of the National Assembly of the Municipalities of the Republic of Bulgaria (NAMRB), Mayor of Gotse Delchev (член на управителния съвет на Националното сдружение на общините в Република България (НСОРБ), кмет на Гоце Делчев);

               (b)

               as alternate members:

                           Mr Emil Hristov NAIDENOV — Mayor of Gorna Malina (кмет на Горна Малина),

                           Mr Svetlin Genov TANCHEV — Mayor of Stara Zagora (кмет на Стара Загора),

                           Mr Pavel Iliev DIMITROV — Municipal councillor, Varna (общински съветник, Варна),

                           Mr Veselin Petrov LICHEV — Mayor of Sopot (кмет на Сопот),

                           Mr Krasimir Blagoev KOSTOV — Mayor of Shumen (кмет на Шумен),

                           Mr Ivo Kirilov ANDONOV — Mayor of Silistra, Member of the management council of the National Assembly of the Municipalities of the Republic of Bulgaria (NAMRB) (кмет на Силистра, член на управителния съвет на Националното сдружение на общините в Република България (НСОРБ)),

                           Mr Rumen Georgiev RASHEV — Mayor of Veliko Turnovo, Member of the management council of the National Assembly of the Municipalities of the Republic of Bulgaria (NAMRB) (кмет на Велико Търново, член на управителния съвет на Националното сдружение на общините в Република България (НСОРБ)).

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 2 October 2008.

            For the Council

            The President

         X. BERTRAND

      (1)  OJ L 56, 25.2.2006, p. 75.


title: 2013/526/EU: Decision of the European Parliament and of the Council of 9 October 2013 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/025 IT/Lombardia from Italy)

text:
               26.10.2013

               EN

               Official Journal of the European Union

               L 284/22

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 9 October 2013
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/025 IT/Lombardia from Italy)
   (2013/526/EU)
   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 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to 30 December 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Italy submitted an application on 30 December 2011 to mobilise the EGF in respect of redundancies in two enterprises operating in the NACE Revision 2 Division 26 (‘Manufacture of computer, electronic and optical products’) in the NUTS II region of Lombardia (ITC4) and supplemented it by additional information up to 12 March 2013. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 1 164 930.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Italy,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2013, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 164 930 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 9 October 2013.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         V. LEŠKEVIČIUS

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


Avis juridique important

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31980D0456

80/456/EEC: Commission Decision of 24 April 1980 terminating the anti-dumping/anti-subsidy procedure concerning canned peaches originating in Greece

Official Journal L 110 , 29/04/1980 P. 0035

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 212 , 24 . 8 . 1979 , P . 2 .    COMMISSION DECISION   OF 24 APRIL 1980   TERMINATING THE ANTI-DUMPING/ANTI-SUBSIDY PROCEDURE CONCERNING CANNED PEACHES ORIGINATING IN GREECE  ( 80/456/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 9 THEREOF ,   WHEREAS IN JULY 1979 THE COMMISSION RECEIVED A COMPLAINT SUBMITTED BY THE ' ORGANISATION EUROPEENNE DES INDUSTRIES TRANSFORMATRICES DE FRUITS ET LEGUMES '  ( OEITFL  -  EUROPEAN ORGANIZATION OF FRUIT AND VEGETABLE PROCESSING INDUSTRIES ) ON BEHALF OF ITALIAN AND FRENCH PRODUCERS OF CANNED PEACHES REPRESENTING ALL PRODUCERS OF THAT PRODUCT IN THE COMMUNITY ; WHEREAS THAT COMPLAINT INCLUDED PROOF OF THE EXISTENCE OF DUMPING PRACTICES CONCERNING LIKE PRODUCTS ORIGINATING IN GREECE , AND OF RESULTING SERIOUS INJURY ;   WHEREAS THE INFORMATION SUPPLIED PROVIDED SUFFICIENT EVIDENCE TO JUSTIFY INITIATING AN INVESTIGATION ; WHEREAS THE COMMISSION ACCORDINGLY , AFTER CONSULTING THE COMMITTEE SET UP BY THE ABOVEMENTIONED REGULATION , ANNOUNCED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES OF 24 AUGUST 1979 THE INITIATION OF AN INVESTIGATION CONCERNING IMPORTS OF CANNED PEACHES ORIGINATING IN GREECE ( 2 ), OFFICIALLY ADVISED THE EXPORTERS AND IMPORTERS KNOWN TO BE CONCERNED , THE REPRESENTATIVES OF THE EXPORTING COUNTRY AND THE COMPLAINANTS , AND COMMENCED INVESTIGATING THE MATTER AT COMMUNITY LEVEL ;   WHEREAS THE COMMISSION HAS GIVEN THE PARTIES CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND TO APPLY TO BE HEARD ORALLY ; WHEREAS THE COMPLAINANTS , AND CERTAIN EXPORTERS AND IMPORTERS HAVE AVAILED THEMSELVES OF THIS OPPORTUNITY ; WHEREAS THE COMMISSION HAS FURTHERMORE GIVEN THE PARTIES DIRECTLY CONCERNED AN OPPORTUNITY TO MEET SO THAT OPPOSING VIEWS MIGHT BE PRESENTED AND ANY REBUTTAL PUT FORWARD ; WHEREAS NONE OF THE PARTIES HAS TAKEN THIS OPPORTUNITY ; WHEREAS THE COMPLAINANTS , THE IMPORTERS AND THE EXPORTERS KNOWN TO BE CONCERNED AND THE REPRESENTATIVES OF THE EXPORTING COUNTRY HAVE HAD THE OPPORTUNITY TO INSPECT NON-CONFIDENTIAL INFORMATION MADE AVAILABLE TO THE COMMISSION WHICH IS RELEVANT TO THE DEFENCE OF THEIR INTERESTS ; WHEREAS NONE OF THESE PARTIES HAS ADDRESSED A REQUEST TO THE COMMISSION TO THAT END ;   WHEREAS IN ORDER TO ARRIVE AT AN ASSESSMENT OF THE DUMPING MARGIN AND INJURY , THE COMMISSION SOUGHT AND VERIFIED ALL INFORMATION IT DEEMED TO BE NECESSARY , AND CARRIED OUT INSPECTIONS AT THE PREMISES OF GREEK EXPORTERS WHO REPLIED TO THE QUESTIONNAIRE SENT TO THEM , NOTABLY THROUVALAS BROS . AND INTRA LTD , ATHENS , AND OF THE MAIN FRENCH PRODUCERS , NOTABLY CONSERVE-GARD AND ROUSSILLON ALIMENTAIRE-LA CATALANE ;   WHEREAS IN VIEW OF THE LACK OF SIGNIFICANT SALES ON THE GREEK DOMESTIC MARKET , THE NORMAL VALUE WAS ESTABLISHED ON THE BASIS OF THE CONSTRUCTED VALUE ; WHEREAS AN EXAMINATION OF THE FACTS SHOWS THAT THESE GREEK PRODUCERS EXPORT THEIR PRODUCTS AT LESS THAN THEIR PRODUCTION COSTS AND THAT DUMPING TAKES PLACE WITH A MARGIN OF 10 % AND OVER ;   WHEREAS WITH REGARD TO THE INJURY CAUSED TO THE PRODUCTION CONCERNED , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT IMPORTS INTO THE COMMUNITY OF CANNED PEACHES ORIGINATING IN GREECE ROSE FROM ABOUT 75 000 TONNES IN 1976 TO OVER 83 000 TONNES IN 1978 AND 53 000 TONNES IN THE FIRST NINE MONTHS OF 1979 ; WHEREAS THEY ACHIEVED A MARKET SHARE IN THE COMMUNITY OF OVER 29 % IN 1978 AND OVER 34 % IN 1979 ;   WHEREAS THE RESALE PRICES OF CANNED PEACHES ORIGINATING IN GREECE HAVE IN THE PAST DEPRESSED THE PRICES OF COMMUNITY PRODUCERS ; WHEREAS THIS FACTOR CONTRIBUTED TO THE CLOSING DOWN OF A NUMBER OF PRODUCTION ESTABLISHMENTS IN THE COMMUNITY ;   WHEREAS , HOWEVER , MOST ITALIAN PRODUCERS HAVE NOT SHOWN ANY INTEREST WHATSOEVER IN THE INVESTIGATION ; WHEREAS THE ONLY REPLY TO THE QUESTIONS ASKED BY THE COMMISSION SHOWS A FAVOURABLE DEVELOPMENT OF ACTIVITY SINCE 1978 ; WHEREAS THE MAIN FRENCH PRODUCERS HAVE REORGANIZED THEIR PRODUCTION AND INFORMED THE COMMISSION INVESTIGATORS THAT THEY NO LONGER FEEL THAT THE IMPORTS FROM GREECE ARE CAUSING THEM INJURY ;   WHEREAS IN THESE CIRCUMSTANCES NO PROTECTIVE MEASURE IS NECESSARY ;   WHEREAS THE PROCEDURE SHOULD THEREFORE BE TERMINATED , SINCE NO OBJECTION THERETO WAS EXPRESSED WHEN THE COMMITTEE WAS CONSULTED ,   HAS DECIDED AS FOLLOWS :   THE ANTI-DUMPING/ANTI-SUBSIDY PROCEDURE CONCERNING CANNED PEACHES ORIGINATING IN GREECE IS HEREBY TERMINATED .   DONE AT BRUSSELS , 24 APRIL 1980 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION