Avis juridique important

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31988D0376

88/376/EEC, Euratom: Council Decision of 24 June 1988 on the system of the Communities' own resources

Official Journal L 185 , 15/07/1988 P. 0024 - 0028

COUNCIL DECISION of 24 June 1988 on the system of the Communities' own resources (88/376/EEC, Euratom)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Articles 199 and 201 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 171 (1) and 173 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas Council Decision 85/257/EEC, Euratom of 7 May 1985 on the Communities' system of own resources (4), as last amended by the Single European Act, raised to 1,4 % the limit for each Member State on the rate applied to the uniform value-added tax (VAT) base previously set at 1 % by the Council Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources (5) hereinafter referred to as 'the Decision of 21 April 1970';Whereas the resources available within the limit of 1,4 % are no longer sufficient to cover the estimates of Community expenditure;Whereas the Single European Act opens up new possibilities to the Community; whereas Article 8a of the Treaty establishing the European Economic Community provides for the completion of the internal market by 31 December 1992;Whereas the Community must possess stable and guaranteed revenue enabling it to stabilize the present situation and operate the common policies; whereas this revenue must be based on the expenditure deemed necessary to this end which was determined in the financial estimates in the Interinstitutional Agreement between the European Parliament, the Council and the Commission, which will take effect on 1 July 1988;Whereas the European Council meeting in Brussels on 11, 12 and 13 February 1988 reached certain conclusions;Whereas, in accordance with these conclusions, the Community will, by 1992, be assigned a maximum amount of own resources corresponding to 1,2 % of the total of the Member States' gross national product for the year at market prices, hereinafter referred to as 'GNP';Whereas observance of this ceiling requires that the total amount of own resources at the Community's disposal for the period 1988 to 1992 does not in any one year exceed a specified percentage of the sum of the Community's GNP for the year in question; whereas that percentage shall correspond to application of the guidelines established for growth in Community expenditure as laid down in the European Council conclusions concerning budgetary discipline and budget management, and a safety margin of 0,03 % of Community GNP aimed at coping with unforeseen expenditure;Whereas a global ceiling of 1,30 % of the Member States' GNP is set for commitment appropriations; whereas an orderly progression of commitment appropriations and payment appropriations must be ensured;Whereas these ceilings should remain applicable until this Decision is amended;Whereas, with a view to matching the resources paid by each Member State more closely with its ability to contribute, the compositon of Community own resources should be amended and enlarged; whereas it is necessary for this purpose:- to fix at 1,4 % the maximum rate to be applied to each Member State's uniform base for value added tax, limited where appropriate to 55 % of its GNP;- to introduce an additional type of own resource to balance budget revenue and expenditure, based on the sum of Member States' GNP; for this purpose, the Council will adopt a Directive on the harmonization of the compilation of gross national product at market prices;Whereas the customs duties on products coming under the Treaty establishing the European Coal and Steel Community should be included in Community own resources;Whereas the conclusions of the European Council of 25 and 26 June 1984 on the correction of budgetary imbalances continue to apply for the duration of this Decision's validity; whereas the present compensation mechanism must, however, be adjusted to take account of the capping of the VAT base and the introduction of an additional resource and must provide for financing of the correction on the basis of a GNP key; whereas this adjustment should ensure that the VAT share of the United Kingdom is replaced by its share of payments under the third and fourth resources (those provided by VAT and GNP respectively) and that the effect on the United Kingdom, in respect of a given year, of the capping of the VAT base and of the introduction of the fourth resource which is not compensated by this change will be offset by an adjustment to the compensation in respect of that year; whereas the contributions of Spain and Portugal should be reduced in accordance with the rebates provided for in Articles 187 and 374 of the 1985 Act of Accession;Whereas the budgetary imbalances should be corrected in such a way as not to affect the own resources available for the Community's policies;Whereas the conclusions of the European Council of 11, 12 and 13 February 1988 provided for the creation, in the Community budget, of a monetary reserve, hereinafter referred to as the 'EAGGF monetary reserve', to offset the impact of significant and unforeseen fluctuations in the ECU/dollar parity on the expenditure under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF); whereas that reserve should be covered by specific provisions;Whereas provisions must be laid down to cover the changeover from the system introduced by Decision 85/257/EEC, Euratom to that arising from this Decision;Whereas the European Council of 11, 12 and 13 February 1988 provided that this Decision should take effect on 1 January 1988,HAS LAID DOWN THESE PROVISIONS, WHICH IT RECOMMENDS TO THE MEMBER STATES FOR ADOPTION:Article 1The Communities shall be allocated resources of their own in accordance with the following Articles in order to ensure the financing of their budget.The budget of the Communities shall, irrespective of other revenue, be financed entirely from the Communities' own resources.Article 21.  Revenue from the following shall constitute own resources entered in the budget of the Communities:(a)  levies, premiums, additional or compensatory amounts, additional amounts or factors and other duties established or to be established by the institutions of the Communities in respect of trade with non-member countries within the framework of the common agricultural policy, and also contributions and other duties provided for within the framework of the common organization of the markets in sugar;(b)  Common Customs Tariff duties and other duties established or to be established by the institutions of the Communities in respect of trade with non-member countries and customs duties on products coming under the Treaty establishing the European Coal and Steel Community;(c)  the application of a uniform rate valid for all Member States to the VAT asessment base which is determined in a uniform manner for Member States according to Community rules; however, the assessment base for any Member State to be taken into account for the purposes of this Decision shall not exceed 55 % of its GNP;(d)  the application of a rate - to be determined under the budgetary procedure in the light of the total of all other revenue - to the sum of all the Member States' GNP established in accordance with Community rules to be laid down in a Directive adopted under Article 8 (2) of this Decision.2.  Revenue deriving from any new charges introduced within the framework of a common policy, in accordance with the Treaty establishing the European Economic Community or the Treaty establishing the European Atomic Energy Community, provided the procedure laid down in Article 201 of the Treaty establishing the European Economic Community or in Article 173 of the Treaty establishing the European Atomic Energy Community has been followed, shall also constitute own resources entered in the budget of the Communities.3.  Member States shall retain, by way of collection costs, 10 % of the amounts paid under 1 (a) and (b).4.  The uniform rate referred to in 1 (c) shall correspond to the rate resulting from:(a)  the application of 1,4 % to the VAT assessment base for the Member States, and(b)  the deduction of the gross amount of the reference compensation referred to in Article 4 (2). The gross amount shall be the compensation amount adjusted for the fact that the United Kingdom is not participating in the financing of its own compensation and the Federal Republic of Germany's share is reduced by one-third. It shall be calculated as if the reference compensation amount were financed by Member States according to their VAT assessment bases established in accordance with Article 2 (1) (c). For 1988, the gross amount of the reference compensation shall be reduced by 780 million ECU.5.  The rate fixed under paragraph 1 (d) shall apply to the GNP of each Member State.6.  If, at the beginning of the financial year, the budget has not been adopted, the previous uniform VAT rate and rate applicable to Member States' GNP, without prejudice to whatever provisions may be adopted in accordance with Article 8 (2) by reason of the entry of an EAGGF monetary reserve in the budget, shall remain applicable until the entry into force of the new rates.7.  By way of derogation from 1 (c), if, on 1 January of the financial year in question, the rules for determining the uniform basis for assessing VAT are not yet applied in all the Member States, the financial contribution which a Member State not yet applying this uniform basis is to make to the budget of the Communities in lieu of VAT shall be determined according to the proportion of its gross national product at market prices to the sum total of the gross national product of the Member States at market prices in the first three years of the five-year period preceding the year in question. This derogation shall cease to have effect as soon as the rules for determining the uniform basis for assessing VAT are applied in all Member States.8.  For the purposes of applying this Decision, GNP shall mean gross national product for the year at market prices.Article 31.  The total amount of own resources assigned to the Communities may not exceed 1,20 % of the total GNP of the Community for payment appropriations.The total amount of own resources assigned to the Communities may not, for any of the years during the 1988 to 1992 period, exceed the following percentages of the total GNP of the Community for the year in question:- 1988: 1,15,- 1989: 1,17,- 1990: 1,18,- 1991: 1,19,- 1992: 1,20.2.  The commitment appropriations entered in the general budget of the Communities over the period 1988 to 1992 must follow an orderly progression resulting in a total amount which does not exceed 1,30 % of the total GNP of the Community in 1992. A precise ratio between commitment appropriations and payment appropriations shall be maintained to guarantee their compatibility and to enable the ceiling mentioned in paragraph 1 to be observed in subsequent years.3.  The overall ceilings referred to in paragraphs 1 and 2 shall continue to apply until such time as this Decision is amended.Article 4The United Kingdom shall be granted a correction in respect of budgetary imbalances. This correction shall consist of a basic amount and an adjustment. The adjustment shall correct the basic amount to a reference compensation amount.1.  The basic amount shall be established by:(a)  calculating the difference, in the preceding financial year, between:- the percentage share of the United Kingdom in the sum total of the payments referred to in Article 2 (1) (c) and (d) made during the financial year, including adjustments at the uniform rate in respect of earlier financial years, and- the percentage share of the United Kingdom in total allocated expenditure;(b)  applying the difference thus obtained to total allocated expenditure;(c)  multiplying the result by 0,66.2.  The reference compensation shall be the correction resulting from application of (a), (b) and (c) below, corrected by the effects arising for the United Kingdom from the changeover to capped VAT and the payments referred to in Article 2 (1) (d).It shall be established by:(a)  calculating the difference, in the preceding financial year, between:- the percentage share of the United Kingdom in the sum total of VAT payments which would have been made during that financial year, including adjustments in respect of earlier financial years, for the amounts financed by the resources referred to in Article 2 (1) (c) and (d) if the uniform VAT rate had been applied to non-capped bases, and- the percentage share of the United Kingdom in total allocated expenditure;(b)  applying the difference thus obtained to total allocated expenditure;(c)  multiplying the result by 0,66;(d)  subtracting the payments by the United Kingdom taken into account in the first indent of 1 (a) from those taken into account in the first indent of 2 (a);(e)  subtracting the amount calculated at (d) from the amount calculated at (c).3.  The basic amount shall be adjusted in such a way as to correspond to the reference compensation amount.Article 51.  The cost of the correction shall be borne by the other Member States in accordance with the following arrangements:the distribution of the cost shall first be calculated by reference to each Member State's share of the payments referred to in Article (2) (1) (d), the United Kingdom being excluded; it shall then be adjusted in such a way as to restrict the share of the Federal Republic of Germany to two-thirds of the share resulting from this calculation.2.  The correction shall be granted to the United Kingdom by a reduction in its payments resulting from the application of Article 2 (1) (c). The costs borne by the other Member States shall be added to their payments resulting from the application for each Member State of Article 2 (1) (c) up to a 1,4 % VAT rate and Article 2 (1) (d).3.  The Commission shall perform the calculations required for the application of Article 4 and this Article.4.  If, at the beginning of the financial year, the budget has not been adopted, the correction granted to the United Kingdom and the costs borne by the other Member States as entered in the last budget finally adopted shall remain applicable.Article 6The revenue referred to in Article 2 shall be used without distinction to finance all expenditure entered in the budget of the Communities. However, the revenue needed to cover in full or in part the EAGGF monetary reserve, entered in the budget of the Communities, shall not be called up from the Member States until the reserve is implemented. Provisions for the operation of that reserve shall be adopted as necessary in accordance with Article 8 (2).The preceding subparagraph shall be without prejudice to the treatment of contributions by certain Member States to supplementary programmes provided for in Article 130l of the Treaty establishing the European Economic Community.Article 7Any surplus of the Communities' revenue over total actual expenditure during a financial year shall be carried over to the following financial year. However, any surplus generated by a transfer from EAGGF Guarantee chapters to the monetary reserve shall be regarded as constituting own resources.Article 81.  The Community own resources referred to in Article 2 (1) (a) and (b) shall be collected by the Member States in accordance with the national provisions imposed by law, regulation or administrative action, which shall, where appropriate, be adapted to meet the requirements of Community rules. The Commission shall examine at regular intervals the national provisions communicated to it by the Member States, transmit to the Member States the adjustments it deems necessary in order to ensure that they comply with Community rules and report to the budget authority. Member States shall make the resources under Article 2 (1) (a) to (d) available to the Commission.2.  Without prejudice to the auditing of the accounts and to checks that they are lawful and regular and as laid down in Article 206a of the Treaty establishing the European Economic Community, such auditing and checks being mainly concerned with the reliability and effectiveness of national systems and procedures for determining the base for own resources accruing from VAT and GNP and without prejudice to the inspection arrangements made pursuant to Article 209 (c) of that Treaty, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, adopt the provisions necessary to apply this Decision and to make possible the inspection of the collection, the making available to the Commission and payment of the revenue referred to in Articles 2 and 5.Article 9The mechanism for the graduated refund of own resources accruing from VAT or GNP-based financial contributions introduced for the Kingdom of Spain and the Portuguese Republic up to 1991 by Articles 187 and 374 of the 1985 Act of Accession shall apply to the own resources accruing from VAT and the GNP-based resource referred to in Article 2 (1) (c) and (d) of this Decision. It shall also apply to payments by these two Member States in accordance with Article 5 (2) of this Decision. In the latter case the rate of refund shall be that applicable for the year in respect of which the correction is granted.Article 10The Commission shall submit, by the end of 1991, a report on the operation of the system, including a re-examination of the correction of budgetary imbalances granted to the United Kingdom, established by this Decision.Article 111.  Member States shall be notified of this Decision by the Secretary-General of the Council of the European Communities; it shall be published in the Official Journal of the European Communities.Member States shall notify the Secretary-General of the Council of the European Communities without delay of the completion of the procedures for the adoption of this Decision in accordance with their respective constitutional requirements.This Decision shall enter into force on the first day of the month following receipt of the last of the notifications referred to in the second subparagraph. It shall take effect on 1 January 1988.2.  (a)  Subject to (b) and (c), Decision 85/257/EEC, Euratom shall be repealed as of 1 January 1988. Any references to the Decision of 21 April 1970 or to Decision 85/257/EEC, Euratom shall be construed as references to this Decision.(b)  Article 3 of Decision 85/257/EEC, Euratom shall continue to apply to the calculation and adjustment of revenue accruing from the application of rates to the uncapped uniform assessment basis for value added tax in 1987 and earlier years. For 1988 the deduction in favour of the United Kingdom in respect of previous financial years shall be calculated in accordance with points (b) (i), (ii) and (iii) of Article 3 (3) of the said Decision. The distribution of the cost of financing it shall be calculated in accordance with Article 5 (1) of this Decision. The amounts corresponding to the deduction and the distribution of the cost of financing it shall be dealt with in accordance with Article 5 (2) of this Decision. When Article 2 (7) has to be applied, the value added tax payments shall be replaced by financial contributions in the calculations referred to in this paragraph for any Member State concerned; this system shall also apply to the payment of adjustments of corrections for earlier years.(c)  Article 4 (2) of Decision 85/257/EEC, Euratom shall continue to apply to the financial contributions needed to finance the completion of the supplementary programme for the operation of the HFR (high-flux reactor) reactor of 1984 to 1987.Done at Luxembourg, 24 June 1988.For the CouncilThe PresidentM. BANGEMANN(1) OJ N° C 102, 16. 4. 1988, p. 8.(2) Opinion delivered on 15 June 1988 (not yet published in the Official Journal).(3) OJ N° C 175, 4. 7. 1988.(4) OJ N° L 128, 14. 5. 1985, p. 15.(5) OJ N° L 94, 28. 4. 1970, p. 19.


title: 2013/59/EU: Council Decision of 22 January 2013 appointing a Swedish member of the Committee of the Regions

text:
               25.1.2013

               EN

               Official Journal of the European Union

               L 22/21

         COUNCIL DECISION
   of 22 January 2013
   appointing a Swedish member of the Committee of the Regions
   (2013/59/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Swedish Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following end of the term of office of Mr Uno ALDEGREN,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Ms Helene FRITZON, Ledamot i kommunfullmäktige, Kristianstads kommun.

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

      Done at Brussels, 22 January 2013.

            For the Council

            The President

         M. NOONAN

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Decision (EU) 2016/1585 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the ECSEL Joint Undertaking (formerly the ENIAC Joint Undertaking and the Artemis Joint Undertaking) for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/396

         DECISION (EU) 2016/1585 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the ECSEL Joint Undertaking (formerly the ENIAC Joint Undertaking and the Artemis Joint Undertaking) for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the ECSEL Joint Undertaking (formerly the ENIAC Joint Undertaking and the Artemis Joint Undertaking) for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the ECSEL Joint Undertaking for the period 27 June to 31 December 2014, together with the Joint Undertaking’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 – C8-0059/2016),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 209 thereof,

               —

               having regard to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (4),

               —

               having regard to Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘Artemis Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (5),

               —

               having regard to Council Regulation (EU) No 561/2014 of 6 May 2014 establishing the ECSEL Joint Undertaking (6), and in particular Article 1(2) and Article 12 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 (7),

               —

               having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (8),

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0119/2016),

               1.

               Grants the Executive Director of the ECSEL Joint Undertaking (formerly the ENIAC Joint Undertaking and the Artemis Joint Undertaking) discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the Executive Director of the ECSEL Joint Undertaking (formerly the ENIAC Joint Undertaking and the Artemis Joint Undertaking), the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 422, 17.12.2015, p. 80.

      (2)  OJ C 422, 17.12.2015, p. 81.

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

      (4)  OJ L 30, 4.2.2008, p. 21.

      (5)  OJ L 30, 4.2.2008, p. 52.

      (6)  OJ L 169, 7.6.2014, p. 152.

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

      (8)  OJ L 38, 7.2.2014, p. 2.


Avis juridique important

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31999D0341

1999/341/EC: Council Decision of 10 May 1999 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period 18 January 1999 to 17 January 2002 the fishing opportunities and the financial contribution for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles

Official Journal L 131 , 27/05/1999 P. 0050 - 0051

COUNCIL DECISIONof 10 May 1999on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period 18 January 1999 to 17 January 2002 the fishing opportunities and the financial contribution for by the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles(1999/341/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Agreement between the European Economic Community and the Republic of Seychelles on fishing off Seychelles(1), signed in Brussels on 28 October 1987, and in particular Article 12 thereof,Having regard to the proposal from the Commission,(1) Whereas the Community and the Republic of Seychelles have held negotiations with a view to determining amendments to be made to the abovementioned Agreement at the end of the period of application of the Protocol in force which is annexed thereto;(2) Whereas, as a result of these negotiations, a new Protocol was initialled on 21 December 1998, by virtue of which Community fishermen are to enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Republic of Seychelles for the period 18 January 1999 to 17 January 2002;(3) Whereas, in order to avoid interruption of fishing activities by Community vessels, both parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the said Protocol from the day following the date of expiry of the Protocol previously in force;(4) Whereas the Agreement in the form of an Exchange of Letters should be approved subject to a definitive decision pursuant to Article 43 of the Treaty;(5) Whereas the method for allocating the fishing opportunities among the Member States should be defined on the basis of the traditional allocation of fishing opportunities under the fisheries agreement,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining, for the period 18 January 1999 to 17 January 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Republic of Seychelles on fishing off Seychelles is hereby approved on behalf of the European Community.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.Article 2The fishing opportunities fixed in the Protocol shall be allocated among the Member States as follows:(a) Tuna seiners:- Spain: 25 vessels,- France: 20 vessels,- Italy: 1 vessel,- United Kingdom: 1 vessel;(b) Surface longliners:- Spain: 20 vessels,- France: 5 vessels,- Portugal: 7 vessels.If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 3The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Brussels, 10 May 1999.For the CouncilThe PresidentH. EICHEL(1) OJ L 119, 7.5.1987, p. 26.


Avis juridique important

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31981D0092

81/92/EEC: Commission Decision of 30 January 1981 on the list of establishments in the Republic of Uruguay approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community

Official Journal L 058 , 05/03/1981 P. 0043 - 0045 Finnish special edition: Chapter 3 Volume 13 P. 0019  Spanish special edition: Chapter 03 Volume 21 P. 0045  Swedish special edition: Chapter 3 Volume 13 P. 0019  Portuguese special edition Chapter 03 Volume 21 P. 0045

COMMISSION DECISION of 30 January 1981 on the list of establishments in the Republic of Uruguay approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community (81/92/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), and in particular Articles 4 (1) and 18 (1) (a) and (b) thereof,  Whereas establishments in non-member countries cannot be authorized to export fresh meat to the Community unless they satisfy the general and special conditions laid down in Directive 72/462/EEC;  Whereas Uruguay has forwarded, in accordance with Article 4 (3) of Directive 72/462/EEC, a list of the establishments authorized to export to the Community;  Whereas Community on-the-spot inspections have shown that the hygiene standards of many of these establishments are sufficient and they may therefore be entered on a first list, drawn up in accordance with Article 4 (1) of the said Directive, of establishments from which importation of fresh meat may be authorized;  Whereas the case of the other establishments proposed by Uruguay must be re-examined on the basis of additional information regarding their hygiene standards and their ability to adapt quickly to the relevant Community legislation ; whereas, in the meantime and so as to avoid any abrupt interruption of existing trade flows, these establishments may be authorized temporarily to continue their exports of fresh meat to those Member States prepared to accept them;  Whereas it will therefore be necessary to re-examine and, if necessary, amend this Decision in the light of steps taken to this end and improvements made;  Whereas it should be recalled that imports of fresh meat are also subject to other Community veterinary legislation, particularly as regards health protection requirements, including the special provisions in respect of Denmark, Ireland and the United Kingdom;  Whereas the conditions of importation of fresh meat from establishments appearing on the list annexed to this Decision remain subject to Community provisions laid down elsewhere and to the general provisions of the Treaty ; whereas, in particular, the importation from non-member countries and the re-exportation to other Member States of certain categories of meat, such as meat weighing less than 3 kilograms, or meat containing residues of certain substances which are not yet covered by special harmonized rules, remain subject to the health legislation of the importing Member State;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:    Article 1 1. The establishments in the Republic of Uruguay listed in the Annex are hereby approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community.  2. Imports from those establishments shall remain subject to the Community veterinary provisions laid down elsewhere, and in particular those concerning health protection requirements.   Article 2 1. Member States shall prohibit imports of the categories of fresh meat referred to in Article 1 (1) coming from establishments other than those listed in the Annex.  2. This prohibition, however, shall not apply until 31 August 1981 to establishments which are not listed in the Annex but which have been officially approved and proposed by the Uruguayan authorities as of 1 September 1980, pursuant to Article 4 (3) of Directive 72/462/EEC, unless a decision is taken to the contrary, in accordance with Article 4 (1) of the abovementioned Directive, before 1 September 1981.   (1) OJ No L 302, 31.12.1972, p. 28.   The Commission shall forward the list of these establishments to the Member States.   Article 3 This Decision shall enter into force on 1 February 1981.   Article 4 This Decision shall be reviewed and if necessary amended before 1 July 1981.   Article 5 This Decision is addressed to the Member States.     Done at Brussels, 30 January 1981.  For the Commission  Poul DALSAGER  Member of the Commission   ANNEX  LIST OF ESTABLISHMENTS  I. BOVINE MEAT  >PIC FILE= "T0020185">   II. SHEEPMEAT  >PIC FILE= "T0020186">   III. HORSEMEAT  >PIC FILE= "T0020187">   IV. COLD STORES  >PIC FILE= "T0020188">


Avis juridique important

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31994D0763

94/763/EC: Council Decision of 21 November 1994 concerning the rules for the participation of undertakings, research centres and universities in research, technological development and demonstration activities of the European Community

Official Journal L 306 , 30/11/1994 P. 0008 - 0011 Finnish special edition: Chapter 13 Volume 27 P. 0049  Swedish special edition: Chapter 13 Volume 27 P. 0049

COUNCIL DECISION of 21 November 1994 concerning the rules for the participation of undertakings, research centres and universities in research, technological development and demonstration activities of the European Community (94/763/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 130j in conjunction with the second paragraph of Article 130o thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the Economic and Social Committee (2),  Acting in accordance with the procedure referred to in Article 189c of the Treaty (3),  Whereas Title XV of the Treaty sets out a coherent framework of provisions for Community actions in the field of research and technological development;  Whereas Article 130f of the Treaty states that the Community shall encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities and shall support  their efforts to cooperate with one another;  Whereas Article 130i of the Treaty provides for a multiannual framework programme setting out all the activities of the Community in the field of research, technological development and demonstration (hereinafter referred to as 'RTD');  Whereas the fourth framework programme of the European Community activities in the field of research and technological development and demonstration (1994 to 1998) was adopted by Decision No 1110/94/EC of the European Parliament and of the Council of 26  April 1994 (4);  Whereas this framework programme specifies the conditions for financial participation by the Community in RTD activities implemented by third parties and by the Joint Research Centre (hereinafter referred to as 'the JRC') on the same basis as third  parties;  Whereas Article 130j of the Treaty states that for the implementation of the multiannual framework programme the Council shall determine the rules for the participation of undertakings, research centres and universities;  Whereas Article 130i of the Treaty states that the framework programme is to be implemented through specific programmes; whereas the specific programmes are to be adopted in accordance with the provisions of paragraph 4 of that Article ;  Whereas Article 130m of the Treaty states that in implementing the multiannual framework programme the Community may make provision for cooperation in Community research, technological development and demonstration with third countries or international  organizations; whereas the framework programme for 1994 to 1998 provides for such cooperation; whereas it is necessary to take this into account in establishing the rules for participation of undertakings, research centres and universities;  Whereas the Community financial participation must normally be paid to participants on the basis of the justification of actual costs; whereas other methods, including fixed rates, may be agreed, where appropriate;  Whereas it is necessary that the specific RTD programme should be able to detail, supplement, or subject to conditions or limitations the rules laid down by this Decision as regards the participation of undertakings, research centres and universities to  the extent necessary for implementing objectives or measures specific to those programmes;  Whereas RTD activities must be implemented in accordance with the principles of sound financial management and in particular those of economy and cost effectiveness as provided for in the Financial Regulation applicable to the general budget of the  European Communities,  HAS DECIDED AS FOLLOWS:   Article 1  For the implementation of the multiannual framework programme of European Community activities in the field of research, technological development and demonstration (RTD) and its specific programmes, adopted in accordance with Article 130i of  the Treaty, the rules set out in the following articles shall apply to the participation of:  (a) natural persons, undertakings, research centres, universities and other forms of legal entities (hereinafter collectively referred to as 'legal entities'); and (b) the Joint Research Centre (JRC);  in the Community 'indirect action' RTD activities specified in Annex IV, paragraph 1 (a) and the 'competitive support activities' specified in Annex IV paragraph 1 (c) of Decision No 1110/94/EC.   Article 2  Participation in RTD activities with a financial contribution from the Community shall be open to the Joint Research Centre and to any legal entity established in the Community or in a third country associated with and contributing  financially to the implementation of the relevant specific programme through an agreement concluded with the Community in accordance with Article 130m of the Treaty, (hereinafter referred to as 'State associated with the programme') on condition that:  (a) - it carries out, or is about to start carrying out, RTD in the Community or in a State associated with the programme and has the basic resources to enable it to carry out the activity concerned, or - it is able to contribute to the RTD activity concerned as a potential user of RTD results or it can assist, for the programme relating to activities under paragraph (c) of Article 130g of the Treaty, in the dissemination and optimization of RTD  results, including the transfer of RTD results for exploitation, in the Community or a State associated with the programme;  (b) the activities proposed are to be carried out:  - normally by at least two legal entities. Such entities must not be affiliated and must be established in different Member States or in at least one Member State and one State associated with the programme, or - by at least one legal entity and the JRC.   Article 3  1.  International organizations and legal entities from third countries, other than States associated with the programme, referred to in Article 2, may participate in Community RTD activities on a project by project basis on condition that:  (a) such participation is in the interest of Community policies; and (b) such participation takes place together with the minimum number of legal entities from the Community and any States associated with the programme as required by Article 2; and (c) the legal entity concerned is established and carries out RTD activities in:  (i) a European third country; or (ii) a third country which has concluded a scientific and technical cooperation agreement with the Community covering activities of the relevant programme; or (iii) a third country covered by an objective of the programme for the promotion of international cooperation in RTD for the activities set out in that programme.  2.  Subject to the conditions in paragraph 1 (a) and (b), the participation of legal entities not covered by paragraph 1 (c) may be provided for in the decision adopting the relevant specific programme, where such participation contributes effectively  to the implementation of the programme and takes into account the principle of mutual benefit.  3.  Unless otherwise provided in the relevant specific programme decision, participation by international organizations and legal entities from third countries under this Article shall not benefit from Community financing under the framework programme.   However, in duly specified cases, the participation of international research organizations situated in Europe may receive financial support from the Community.  4.  Certain preparatory, accompanying and support measures for RTD indirect actions may exceptionally be conducted, with financial support from the Community, by legal entities from any State or by international organizations, provided this is in the  interest of Community policies.   Article 4  1.  As a general rule, proposals for RTD activities shall be selected on the basis of calls for proposals published in the Official Journal of the European Communities, to which any legal entity and the JRC may respond in accordance with  Articles 2 and 3.  Where appropriate, the call for proposals may be preceded by a call for expressions of interest of an informative nature, to enable a focusing of the proposals on the priority areas of the programme.  2.  The procedure used for the submission and selection of proposals shall keep the administrative costs of the applicants and of the Commission to the minimum level necessary.  3.  Proposals shall be selected on the basis of the criteria specified in the multiannual framework programme and of the objectives of the specific programme concerned. The following other factors should be taken into account, unless not applicable to  the activity concerned:  - innovativeness of the proposal,  - effective transnational collaboration,  - development of synergy between various categories of participants, including better integration of small and medium-sized enterprises (SMEs),  - cost effectiveness of the proposal,  - competence of the participants to carry out or contribute effectively to transnational RTD activities,  - perspectives for effective dissemination of the RTD results and their exploitation, including, where appropriate, by SMEs.   Article 5  The conditions set out in Article 2 (a) and (b), as well as the rules for selecting proposals laid down in Article 4, shall not apply to:  - activities consisting of procurement and services, including competitive support activities, which are subject to the relevant provisions, in particular Titles IV and VII of the Financial Regulation applicable to the general budget of the European  Communities,  - subventions to the costs of conferences (excluding 'Euro-conferences') workshops and seminars.   Article 6  Proposals selected in accordance with the provisions of Article 4 shall be the subject of contracts concluded between the Community and the participants in the activity concerned. The contracts shall specify in particular the administrative,  financial and technical monitoring arrangements for the action and shall include provisions concerning intellectual property rights.  Subject to budgetary and administrative measures necessary to enable the JRC to compete for Community 'indirect action' RTD activities in accordance with Article 2, the JRC shall be bound by the same conditions and have the same rights as other  participants in the activities concerned.   Article 7  1.  The Community financial participation shall consist of the reimbursement of a proportion of the cost of the activity determined in accordance with the provisions of Annex IV to the fourth framework programme.  2.  The methods for determining and paying the Community's financial participation shall be indicated in the call for proposals and the supporting documentation issued with the call.  3.  The usual method shall consist of timely payments against justification by the participant of the actual costs of the resources devoted to the activity, including indirect overhead costs.  Alternatively, if specifically agreed by the participants, payment may be made according to one of the following methods:  (a) fixed composite rates to cover some or all of the usual resources for carrying out RTD. The definition of these rates shall take account of differences between types of legal entities and activities within Member States, and, where available and  appropriate, of national rates applicable to similar activities;  (b) fixed amounts linked to the achievement of contractually agreed objectives;  (c) in the case of small-scale projects, fixed amounts determined on the basis of an assessment of the proposed costs of the work.  The choice of the appropriate method to be applied to the projects selected in accordance with Article 4 shall be agreed with each participant and specified in the contracts referred to in Article 6.  4.  For shared cost actions with legal entities, 'additional costs' shall include only:  (i) direct costs incurred for the activity and to which the legal entity is not otherwise committed;  (ii) an appropriate contribution to indirect overhead costs.  'Additional costs' shall be used by legal entities for RTD projects where, in the view of the Commission, the analytical budget accountancy used by the legal entity does not enable the full costs of the activity to be substantiated with sufficient  precision.   Article 8  1.  For technology stimulation purposes, small and medium-sized enterprises established in the Community or a State associated with the programme may:  (a) where they have similar technical problems but do not have adequate own-research facilities, participate in 'cooperative research' activities enabling them to engage other legal entities to carry out RTD on their behalf;  (b) be provided with support, including via networks for decentralized assistance, for the search for partners and for the preparation of outline proposals. They may also be provided with financial support to carry out, normally on a collaborative  basis, the exploratory phase of a RTD project, with a view to assessing its feasibility and the subsequent submission of a full proposal for a Community activity, including 'cooperative research'.  2.  Following an initial call, proposals for 'cooperative research' and outline proposals for such exploratory phase work may be submitted at any time.   Article 9  To the extent necessary for fulfilling objectives or measures specific to a programme, and in particular in the case of the activities referred to in paragraphs (b), (c) and (d) of Article 130g of the Treaty, the rules in this Decision may be  set out in more detail, supplemented or be subjected to conditions or limitations in the decision adopting the specific programme.   Article 10  1.  The annual report that the Commission submits to the European Parliament and the Council, in accordance with Article 4 (1) of Decision No 1110/94/EC, shall contain information on the implementation of this Decision.  2.  This Decision shall apply to activities arising from the fourth multiannual framework programme (1994 to 1998).  3.  Before the end of the fourth framework programme, the Commission shall present a report to the Council on the application of this Decision accompanied by appropriate proposals for its prorogation or adaptation.  Done at Brussels, 21 November 1994.  For the Council The President M. WISSMANN  (1) OJ No C 81, 18. 3. 1994, p. 12.(2) OJ No C 295, 22. 10. 1994, p. 31.(3) Opinion of the European Parliament of 5 May 1994 (OJ No C 205, 25. 7. 1994, p. 313), Council common position of 18 July 1994 (OJ No C 244, 31. 8. 1994, p. 76) and  Decision of the European Parliament of 27 October 1994 (OJ No C 323, 21. 11. 1994).(4) OJ No L 126, 18. 5. 1994, p. 1.


title: 2010/776/EU: Commission Decision of 15 December 2010 amending Decision 2004/211/EC as regards the entries for Brazil, Kuwait and Syria in the list of third countries and parts thereof from which the introduction into the European Union of live equidae and semen, ova and embryos of the equine species are authorised (notified under document C(2010) 8950)  Text with EEA relevance

text:
               16.12.2010

               EN

               Official Journal of the European Union

               L 332/38

         COMMISSION DECISION
   of 15 December 2010
   amending Decision 2004/211/EC as regards the entries for Brazil, Kuwait and Syria in the list of third countries and parts thereof from which the introduction into the European Union of live equidae and semen, ova and embryos of the equine species are authorised
   (notified under document C(2010) 8950)
   (Text with EEA relevance)
   (2010/776/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (1), and in particular Article 12(1) and (4), the introductory phrase of Article 19, and Article 19(i) and (ii) thereof,
   Having regard to Council Directive 92/65/EEC of 13 July 1992, laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (2), and in particular Article 17(3)(a) thereof,
   Whereas:

               (1)

               Directive 90/426/EEC lays down animal health conditions for the importation into the Union of live equidae. It provides that imports of equidae into the Union are only authorised from third countries or parts of the territory thereof in which glanders is a notifiable disease and which have been free from glanders for a period of at least 6 months.

               (2)

               Commission Decision 2004/211/EC of 6 January 2004 establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC (3) establishes a list of third countries, or parts thereof where regionalisation applies, from which Member States authorise the importation of equidae and semen, ova and embryos thereof, and indicates the other conditions applicable to such imports. That list is set out in Annex I to that Decision. Brazil, Kuwait and Syria are currently listed in that Annex.

               (3)

               In April 2010, Brazil notified the World Organisation for Animal Health (OIE) of the confirmation of a case of glanders (Burkholderia mallei) in a horse in Distrito Federal. Therefore, Decision 2004/211/EC was amended by Commission Decision 2010/333/EU (4) in order to indicate that the introduction into the Union of equidae and of semen, ova and embryos of animals of the equine species are no longer authorised from Distrito Federal in Brazil.

               (4)

               On 1 November, 2010 Brazil informed the OIE that this single case of glanders in Distrito Federal has been resolved. In particular, the authorities informed that no new outbreaks have been reported for at least 6 months, that restrictions on the movement of equidae from infected into free areas are in place and that surveillance carried out on about 5 000 equidae has not identified further cases.

               (5)

               It is therefore appropriate to reinsert Distrito Federal in the list of approved areas for imports into the Union of equidae and semen, ova and embryos of animals of the equine species, set out in Annex I to Decision 2004/211/EC.

               (6)

               In October 2010, the OIE informed about the occurrence of glanders in Kuwait.

               (7)

               Syria has declared to the OIE that its glanders status is unknown since glanders is no longer a notifiable disease in that country. Horses from Syria were identified as the origin of glanders in countries of that region and a recent OIE inspection mission has not ruled out the presence of this disease in Syria.

               (8)

               The introduction into the Union of any equidae and of semen, ova and embryos of animals of the equine species should therefore no longer be authorised from Kuwait and Syria. Therefore, those third countries should be deleted from Annex I to Decision 2004/211/EC.

               (9)

               Decision 2004/211/EC should therefore be amended accordingly.

               (10)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Annex I to Decision 2004/211/EC is amended as follows:

               1.

               The entry for Brazil is replaced by the following:

                           ‘BR

                           Brazil

                           BR-0

                           Whole country

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           BR-1

                           The States of:
                           Rio Grande do Sul, Santa Catarina, Paraná, São Paulo, Mato Grosso do Sul, Goiás, Minas Gerais, Rio de Janeiro, Espíritu Santo, Rondônia, Mato Grosso, and Distrito Federal.

                           D

                           X

                           X

                           X

                           X

                           X

                           X

                           X

                           X

                           X’

               2.

               The entry for Kuwait is replaced by the following:

                           ‘KW

                           Kuwait

                           KW-0

                           Whole country

                           E

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —’

               3.

               The entry for Syria is replaced by the following:

                           ‘SY

                           Syria

                           SY-0

                           Whole country

                           E

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —

                           —’

         Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 15 December 2010.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 42.

      (2)  OJ L 268, 14.9.1992, p. 54.

      (3)  OJ L 73, 11.3.2004, p. 1.

      (4)  OJ L 150, 16.6.2010, p. 53.


title: Council Decision 2014/349/CFSP of 12 June 2014 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

text:
               13.6.2014

               EN

               Official Journal of the European Union

               L 174/42

         COUNCIL DECISION 2014/349/CFSP
   of 12 June 2014
   amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO
   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 4 February 2008, the Council adopted Joint Action 2008/124/CFSP (2).

               (2)

               On 8 June 2010, the Council adopted Decision 2010/322/CFSP (3) which amended Joint Action 2008/124/CFSP and extended the duration of European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) for a period of two years until 14 June 2012.

               (3)

               On 6 June 2012, the Council adopted Decision 2012/291/CFSP (4) which amended Joint Action 2008/124/CFSP and extended the duration of EULEX KOSOVO for a period of two years until 14 June 2014.

               (4)

               Following the recommendations in the Strategic Review adopted in 2014, it is necessary to extend the duration EULEX KOSOVO for a further period of two years.

               (5)

               On 27 May 2013, the Council adopted Decision 2013/241/CFSP (5) which amended Joint Action 2008/124/CFSP to provide a new financial reference amount intended to cover the period from 15 June 2013 until 14 June 2014. Joint Action 2008/124/CFSP should be amended to provide a new financial reference amount intended to cover the transitional period from 15 June 2014 until 14 October 2014.

               (6)

               EULEX KOSOVO will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty.

               (7)

               Joint Action 2008/124/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Joint Action 2008/124/CFSP is amended as follows:

               (1)

               Article 8 is amended as follows:

                           (a)

                           the following paragraph is inserted:
                           ‘1a.   The Head of Mission shall be the representative of the Mission. The Head of Mission may delegate management tasks in staff and financial matters to staff members of the Mission, under his/her overall responsibility.’;

                           (b)

                           paragraph 5 is deleted;

                           (c)

                           paragraph 9 is replaced by the following:
                           ‘9.   The Head of Mission shall ensure that EULEX KOSOVO works closely and coordinates with the competent Kosovo authorities and with relevant international actors, as appropriate, including NATO/KFOR, UNMIK, OSCE and third States involved in the rule of law in Kosovo.’.

               (2)

               Article 9(4) is replaced by the following:
               ‘4.   All staff shall carry out their duties and act in the interest of the Mission. All staff shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (6).

                  (6)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p.1).’;"

               (3)

               Article 10 (3) is replaced by the following:
               ‘3.   The conditions of employment and the rights and obligations of international and local staff shall be laid down in the contracts to be concluded between EULEX KOSOVO and the staff member concerned.’;

               (4)

               Article 14 (7) is replaced by the following:
               ‘7.   The Head of Mission shall ensure the protection of EU classified information in accordance with Decision 2013/488/EU.’;

               (5)

               The following Article is inserted:
               ‘Article 15a
               Legal arrangements
               EULEX KOSOVO shall have the capacity to procure services and supplies, to enter into contracts and administrative arrangements, to employ staff, to hold bank accounts, to acquire and dispose of assets and to discharge its liabilities, and to be a party to legal proceedings, as required in order to implement this Joint Action.’;

               (6)

               Article 16 is amended as follows:

                           (a)

                           paragraph 1 is replaced by the following:
                           ‘1.   The financial reference amount intended to cover the expenditure of EULEX KOSOVO until 14 October 2010 shall be EUR 265 000 000.
                           The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 October 2010 until 14 December 2011 shall be EUR 165 000 000.
                           The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 December 2011 until 14 June 2012 shall be EUR 72 800 000.
                           The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2012 until 14 June 2013 shall be EUR 111 000 000.
                           The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2013 until 14 June 2014 shall be EUR 110 000 000.
                           The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2014 until 14 October 2014 shall be EUR 34 000 000.
                           The financial reference amount for the subsequent period for EULEX KOSOVO shall be decided by the Council.’

                           (b)

                           paragraphs 4 to 6 are replaced by the following:
                           ‘4.   EULEX KOSOVO shall be responsible for the implementation of the Mission's budget. For this purpose, the EULEX KOSOVO shall sign an agreement with the Commission.
                           5.   EULEX KOSOVO shall be responsible for any claims and obligations arising from the implementation of the mandate starting from 15 June 2014, with the exception of any claims relating to serious misconduct by the Head of Mission, for which the Head of Mission shall bear the responsibility.
                           6.   The implementation of the financial arrangements will be without prejudice to the chain of command as provided for in Articles 7, 8 and 11 and the operational requirements of EULEX KOSOVO, including compatibility of equipment and interoperability of its teams.
                           7.   Expenditure shall be eligible as of the date of entry into force of this Joint Action.’.

               (7)

               The following Article is inserted:
               ‘Article 16a
               Project Cell
               1.   EULEX KOSOVO shall have a Project Cell for identifying and implementing projects. EULEX KOSOVO shall, as appropriate, coordinate, facilitate, and provide advice on projects implemented by Member States and third States under their responsibility in areas related to EULEX KOSOVO and in support of its objectives.
               2.   EULEX KOSOVO shall be authorised to seek recourse to financial contributions from the Member States or third States to implement projects identified as supplementing in a consistent manner EULEX KOSOVO's other actions, if the project is:

                           (a)

                           provided for in the financial statement relating to this Joint Action; or

                           (b)

                           integrated during the mandate by means of an amendment to the financial statement requested by the Head of Mission. EULEX KOSOVO shall conclude an arrangement with those States, covering in particular the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by EULEX KOSOVO in the use of the funds provided by those States. Under no circumstances may the contributing States hold the Union or the HR liable for acts or omissions by EULEX KOSOVO in the use of the funds provided by those States.

                     3.   The PCS shall agree on the acceptance of a financial contribution from third States to the Project Cell.’

               (8)

               In Article 18 paragraphs 1 and 2 are replaced by the following:
               ‘1.   The HR shall be authorised to release to the United Nations, NATO/KFOR and to other third parties, associated with this Joint Action, EU classified information and documents generated for the purposes of EULEX KOSOVO up to the level of the relevant classification respectively for each of them, in accordance with Decision 2013/488/EU. Local technical arrangements shall be drawn up to facilitate this.
               2.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the competent local authorities EU classified information and documents up to the level “RESTREINT UE/EU RESTRICTED” generated for the purposes of EULEX KOSOVO, in accordance with Decision 2013/488/EU. In all other cases, such information and documents shall be released to the competent local authorities in accordance with the procedures appropriate to those authorities' level of cooperation with the EU.’.

               (9)

               In Article 20, the second subparagraph is replaced by the following:
               ‘It shall expire on 14 June 2016.’

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

      Done at Luxembourg, 12 June 2014.

            For the Council

            The President

         Y. MANIATIS

      (1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.

      (2)  Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 42, 16.2.2008, p. 92).

      (3)  Council Decision 2010/322/CFSP of 8 June 2010 amending and extending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 145, 11.6.2010, p. 13).

      (4)  Council Decision 2012/291/CFSP of 5 June 2012 amending and extending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 146, 6.6.2012, p. 46).

      (5)  Council Decision 2013/241/CFSP of 27 May 2013 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 141, 28.5.2013, p. 47).


title: 2011/608/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/237

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2009
   (2011/608/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year ended 31 December 2009, together with the replies of the Joint Undertaking (1),
   having regard to the Council’s recommendation of 15 February 2011 (05894/2011 — C7-0051/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (3), and in particular Article 5 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 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0131/2011),

               1.

               Grants the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2009,

               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 Joint Undertaking for ITER and the Development of Fusion Energy, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 342, 16.12.2010, p. 22.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 90, 30.3.2007, p. 58.

      (4)  OJ L 357, 31.12.2002, p. 72.
    ---documentbreak---

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/238

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year ended 31 December 2009, together with the replies of the Joint Undertaking (1),
   having regard to the Council’s recommendation of 15 February 2011 (05894/2011 — C7-0051/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (3), and in particular Article 5 thereof,
   having regard to the Financial Regulation of the European Joint Undertaking for ITER and the Development of Fusion Energy, adopted by decision of 22 October 2007 of the Joint Undertaking’s Governing Board (hereinafter ‘ITER Financial Regulation’),
   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 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0131/2011),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas the European Joint Undertaking for ITER and the Development of Fusion Energy is in a start-up phase and had not fully established its internal control and financial reporting systems by the end of 2009,

               C.

               whereas the ITER Financial Regulation is based on the framework Financial Regulation, which was recently amended to bring it into line with changes made to the general Financial Regulation,

               D.

               whereas on 9 October 2008 the Court of Auditors delivered Opinion No 4/2008 on the ITER Financial Regulation,

      Implementation of the budget

               1.

               Notes that the Joint Undertaking final 2009 budget was EUR 173 600 000 and its overall utilisation rate for payment appropriations was 65,3 %;

               2.

               Recognises that the Joint Undertaking is still in a start-up period and that the underspending mostly relates to delays in the progress of the Euratom fusion programme, as was also reported by the Court of Auditors in 2008;

               3.

               Notes that year-end bank deposits totalling EUR 42 000 000 represent a breach of the budgetary principle of equilibrium;

               4.

               Considers it to be important, in order to define the application of this derogation from the general budgetary principle of equilibrium, to specify the conditions under which, if it is positive, the balance of the outturn account shall be entered in the budget of the Joint Undertaking of the following financial year;

      Presentation of accounts

               5.

               Calls on the Joint Undertaking to harmonise its accounts under the guidance of the Commission;

               6.

               Acknowledges that unlike other Union joint undertakings, ITER is entirely publicly funded;

      Internal control systems

               7.

               Urges the Joint Undertaking to complete the implementation of its internal controls and financial information system;

               8.

               Calls, in addition, on the Joint Undertaking to include in its Financial Rules a specific reference to the powers of the Internal Audit Service (IAS) as its Internal Auditor, on the basis of the provision set out in the framework Financial Regulation for the Community bodies;

               9.

               Considers, in particular, that the role of the IAS as Internal Auditor should be to advise the Joint Undertaking on how to deal with risks, by issuing independent opinions on the quality of management and control systems and by issuing recommendations for improving the conditions of implementation of operations and for promoting sound financial management; considers it to be also essential that the Joint Undertaking submit to the discharge authority a report drawn up by its director summarising the number and the type of internal audits conducted by the Internal Auditor, the recommendations made and the actions taken regarding these recommendations;

               10.

               Is of the opinion that, in view of the size of its budget and the complexity of its tasks, the Joint Undertaking should establish an audit committee, reporting directly to the Governing Board;

      Financial Regulation

               11.

               Urges the Joint Undertaking to amend its Financial Regulation in order to integrate the Court of Auditors’ recommendations made in its Opinion No 4/2008 on that Regulation; considers further improvement to be necessary in relation to:

                           —

                           the exceptions to budgetary principles,

                           —

                           the role of the IAS,

                           —

                           the establishment of an audit committee,

                           —

                           late payment of members’ contributions,

                           —

                           the rules on the award of grants,

                           —

                           the transitional provisions set out in Article 133 of the ITER Financial Regulation.

      (1)  OJ C 342, 16.12.2010, p. 22.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 90, 30.3.2007, p. 58.

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