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31992D0009

92/9/EEC: Council Decision of 17 December 1991 on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 20 July 1991 to 19 July 1994

Official Journal L 006 , 11/01/1992 P. 0033

COUNCIL DECISION  of 17 December 1991  on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing the fishing opportunities and financial contribution provided for  in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 20 July 1991 to 19 July 1994  (92/9/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros (1), hereinafter referred to as 'the Agreement', signed in Brussels on 20 July 1988,  Having regard to the proposal from the Commission,  Whereas the Community and the Islamic Federal Republic of the Comoros have held negotiations with a view to determining amendments or additions to be made to the Agreement at the end of the period of application of the first Protocol to the Agreement;  Whereas, as a result of those negotiations, a new Protocol was initialled on 16 July 1991;  Whereas, under that Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Islamic Federal Republic of the Comoros for the period from 20 July 1991 to 19 July 1994;  Whereas, in order to avoid interruption of fishing activities by Community vessels, it is essential that the said Protocol be approved as quickly as possible; whereas both Contracting Parties have therefore initialled an Agreement in the form of an  exchange of letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the Protocol previously in force; whereas the Agreement in the form of an exchange of letters should be concluded  subject to a definitive decision under Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community  and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 20 July 1991 to 19 July 1994 is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an exchange of letters in order to bind the Community (2). Done at Brussels, 17 December 1991. For the Council  The President  P. BUKMAN   (1) OJ No L 137, 2. 6. 1988, p. 19. (2) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: Council Decision (EU) 2016/1980 of 8 November 2016 appointing a member, proposed by the Italian Republic of the Committee of the Regions

text:
               12.11.2016

               EN

               Official Journal of the European Union

               L 305/28

         COUNCIL DECISION (EU) 2016/1980
   of 8 November 2016
   appointing a member, proposed by the Italian Republic of the Committee of the Regions
   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 Italian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Alessandro PASTACCI,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Giuseppe RINALDI, Presidente della Provincia di Rieti.

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

      Done at Brussels, 8 November 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


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31998D1006(05)

Council Decision of 24 September 1998 appointing a member and two alternate members of the Advisory Committee on Medical Training

Official Journal C 306 , 06/10/1998 P. 0006 - 0006

COUNCIL DECISION of 24 September 1998 appointing a member and two alternate members of the Advisory Committee on Medical Training (98/C 306/06)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 75/364/EEC of 16 June 1975 setting up an Advisory Committee on Medical Training (1), and in particular Articles 3 and 4 thereof,Having regard to the Act of Accession of 1994, and in particular Article 165(1) thereof,Whereas, under Article 3 of the abovementioned Decision, the said Committee consists of three experts from each Member State and an alternate member for each of those experts; whereas, under Article 4 of the same Decision, the term of office of such members and alternate members is three years;Whereas, by its Decision of 29 June 1998 (2), the Council appointed the members and alternate members of that Committee for the period 29 June 1998 to 28 June 2001;Whereas the French Government has submitted candidates for the appointment of a member and two alternate members,HAS DECIDED AS FOLLOWS:Sole Article Mr Pierre HAENEL is hereby appointed member of the Advisory Committee on Medical Training, in the category of 'experts from the practising profession`, for the period from 29 June 1998 to 28 June 2001.Mr Richard BOUTON is hereby appointed alternate member of the Advisory Committee on Medical Training, in the category of 'experts from the practising profession`, for the period from 29 June 1998 to 28 June 2001.Mr Pierre BOTREAU-ROUSSEL is hereby appointed alternate member of the Advisory Committee on Medical Training, in the category of 'experts from the competent authorities of the Member States`, for the period from 29 June 1998 to 28 June 2001.Done at Brussels, 24 September 1998.For the CouncilThe PresidentJ. FARNLEITNER(1) OJ L 167, 30.6.1975, p. 17.(2) OJ C 222, 16.7.1998, p. 3.


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31997D0823

97/823/EC: Decision No 165 of 30 June 1997 on the forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 128 and E 128B) (Text with EEA relevance)

Official Journal L 341 , 12/12/1997 P. 0061 - 0066

DECISION No 165 of 30 June 1997 on the forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 128 and E 128B) (Text with EEA relevance) (97/823/EC)THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their family moving within the Community, under which it is the duty of the Administrative Commission to deal with all administrative matters arising from Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Article 2 (1) of Council Regulation (EEC) No 574/72 of 21 March 1972, under which it is the duty of the Administrative Commission to draw up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the Regulations,Having regard to Decision No 153 of 7 October 1993 laying down and adapting the model forms necessary for the application of the Regulations,Whereas new forms E 128 and E 128B are to be introduced in order to take account of Council Regulations (EC) No 3095/95, (EC) No 3096/95 and (EC) No 1290/97 amending, in particular, the provisions governing entitlement to sickness benefits;Whereas the Agreement on the European Economic Area of 2 May 1992, as adjusted by the Protocol of 17 March 1993, Annex VI, implements Council Regulation (EEC) No 1408/71 and (EEC) No 574/72 within the European Economic Area;Whereas, by Decision of the EEA Joint Committee, the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 shall be adapted and implemented within the European Economic Area;Whereas for practical reasons identical forms should be used within the Community and within the European Economic Area;Whereas the language in which the forms should be drawn up has been decided by Recommendation No 15 of the Administrative Commission,HAS DECIDED AS FOLLOWS:1. Two new model forms E 128 and E 128B shall be created for benefits in kind required during a stay in a Member State without imposing a condition of immediate need.2. The competent authorities of the Member States shall make available to the persons concerned (rightful claimants, institutions, employers, etc.) the forms according to the attached models.3. Each form shall be available in the official languages of the Community and laid out in such a manner that the different versions are perfectly superposable, thereby making it possible for each person or body to which a form is addressed (rightful claimant, institution, employer, etc.) to receive the form printed in their own language.4. This Decision shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.The Chairman of the Administrative CommissionCees VAN DEN BERG>START OF GRAPHIC>>END OF GRAPHIC>


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31997D0657

97/657/EC: Council Decision of 6 October 1997 appointing a member and an alternate member of the Committee of the Regions

Official Journal L 278 , 11/10/1997 P. 0025 - 0025

COUNCIL DECISION of 6 October 1997 appointing a member and an alternate member of the Committee of the Regions (97/657/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to Council Decisions 94/65/EC (1), and 95/15/EC (2), appointing members and alternate members of the Committee of the Regions,Whereas a seat as a member of the Committee has become vacant following the resignation of Mr Leonidas Kouris, notified to the Council on 1 September 1997, and a seat as an alternate member has become vacant following the resignation of Mr Evangelos Kouloumbis, notified to the Council on 24 September 1997;Having regard to the proposal from the Greek Government,HAS DECIDED AS FOLLOWS:Sole Article Mr Evangelos Kouloumbis is hereby appointed a member of the Committee of the Regions in place of Mr Leonidas Kouris and Mr Panaghiotis Rigas is appointed an alternate member in place of Mr Evangelos Kouloumbis for the remainder of their term of office, which runs until 25 January 1998.Done at Luxembourg, 6 October 1997.For the CouncilThe PresidentJ. POOS(1) OJ L 31, 4. 2. 1994, p. 29.(2) OJ L 25, 2. 2. 1995, p. 20.


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32001D0534

2001/534/EC: Council Decision of 19 June 2001 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period 28 February 2001 to 27 February 2004

Official Journal L 193 , 17/07/2001 P. 0016 - 0017

Council Decisionof 19 June 2001on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period 28 February 2001 to 27 February 2004(2001/534/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) In accordance with Article 12 of the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros(1), the Community and the Islamic Federal Republic of the Comoros held negotiations to determine amendments or additions to be made to the Agreement at the end of the period of application of the Protocol to the Agreement.(2) As a result of those negotiations, a new Protocol was initialled on 13 December 2000.(3) Under that Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Islamic Federal Republic of the Comoros for the period 28 February 2001 to 27 February 2004.(4) In order to ensure uninterrupted fishing activities by Community vessels, it is essential that the new Protocol be applied as quickly as possible. For this reason, the two Parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from 28 February 2001.(5) The Agreement in the form of an Exchange of Letters should be approved, pending a definitive decision under Article 37 of the Treaty.(6) The method of 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 setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period 28 February 2001 to 27 February 2004 is hereby approved on behalf of the Community.The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.Article 2The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:>TABLE>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 Luxembourg, 19 June 2001.For the CouncilThe PresidentM. Winberg(1) OJ L 137, 2.6.1988, p. 19.


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31987D0341

87/341/EEC: Council Decision of 25 June 1987 revising the amounts for the documentary requirements in Annex II concerning the definition of the concept of 'originating products' and methods of administrative cooperation to Decision 86/283/EEC on the association of the overseas countries and territories with the European Economic Community

Official Journal L 173 , 30/06/1987 P. 0010 - 0010

*****COUNCIL  DECISION  of 25 June 1987  revising the amounts for the documentary requirements in Annex II concerning the definition of the concept of 'originating products' and methods of administrative cooperation to Decision 86/283/EEC on the association of the overseas countries and territories with the European Economic Community  (87/341/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Decision 86/283/EEC of 30 June 1986 on the accession of the overseas countries and territories with the European Economic Community (1), and in particular Article 77 (2) thereof,  Having regard to the recommendation from the Commission,  Whereas Article 6 of Annex II to Decision 86/283/EEC provides that the Community may, where necessary, revise the amounts for determining when forms EUR 2 may be used instead of movement certificates EUR 1 or when no documentary evidence of origin is required as laid down in Article 16 of that Annex;  Whereas as a consequence of the automatic change, which takes place every two years, of the base date provided for in the said Annex II, the effective value of the limits expressed in the national currencies concerned, which correspond to the amounts laid down in Articles 6 and 16 of the said Annex, would be reduced; whereas in order to offset such a reduction it is necessary to increase the amounts in question,  HAS DECIDED AS FOLLOWS:  Article 1  Annex II to Decision 86/283/EEC is hereby amended as follows:  - the amount laid down in Article 6 (1) (b) is hereby increased to 2 590 ECU;  - the amounts laid down in Article 16 (2) are hereby increased to 180 ECU and 515 ECU respectively.  Article 2  This Decision shall apply from 1 May 1987.  Done at Luxembourg, 25 June 1987.  For the Council  The President  H. DE CROO  (1) OJ No L 175, 1. 7. 1986, p. 1.


title: 2009/793/EC,Euratom: Council Decision of 29 October 2009 appointing the Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, for the period from 1 November 2009 until 31 December 2009

text:
               30.10.2009

               EN

               Official Journal of the European Union

               L 283/57

      COUNCIL DECISION

   of 29 October 2009
   appointing the Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, for the period from 1 November 2009 until 31 December 2009
   (2009/793/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(2) thereof,
   Whereas:

               (1)

               The term of office of Mr Javier SOLANA MADARIAGA, Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, will end on 31 October 2009 (1).

               (2)

               That term of office should be renewed until 31 December 2009, or until the date of entry into force of the Treaty of Lisbon, whichever is the earlier.

               (3)

               It is recalled that Article 6 of the Protocol on Transitional Provisions, which the Treaty of Lisbon will annex to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, provides that the term of office of the Secretary-General of the Council, High Representative for the Common Foreign and Security Policy, shall end on the date of entry into force of the Treaty of Lisbon,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Javier SOLANA MADARIAGA is hereby appointed Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, for the period from 1 November 2009 until 31 December 2009, or until the date of entry into force of the Treaty of Lisbon, whichever is the earlier.
   Article 2
   This Decision shall be notified to Mr Javier SOLANA MADARIAGA by the President of the Council.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 29 October 2009.

            For the Council

            The President

         C. BILDT

      (1)  OJ L 277, 22.10.2009, p. 19.


title: Council Decision of 27 July 1976 on the Community financing of certain costs in respect of the emergency food aid in the form of cereals supplied under the 1975/76 programme to the People's Republic of Mozambique

text:
No L 224/ 14                      Official Journal of the European Communities                          16. 8 . 76
                                                COUNCIL DECISION
                                                  of 27 July 1976
           on the Community financing of certain costs in respect of the emergency food
           aid in the form of cereals supplied under the 1975/76 programme to the People's
                                             Republic of Mozambique
                                                    (76/644/EEC)
                                              'I
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community,
           Having regard to Council Regulation (EEC) No 1703/72 of 3 August 1972 amending
           Regulation (EEC) No 2052/69 on the Community financing of expenditure arising from
           the implementation of the Food Aid Convention of 1967 and laying down rules for the
           Community financing of expenditure arising from the implementation of the Food Aid
           Convention of 1971 (!), and in particular Articles 8 ( 1 ) and 10 ( 1 ) thereof,
           Having regard to the proposal from the Commission,
           Whereas the People's Republic of Mozambique would have difficulty in meeting the costs
           of forwarding from the fob stage the emergency food aid allocated under the 1975/76
           programme ; whereas these costs as far as the port of unloading should therefore be borne
           by the Community,
           HAS DECIDED AS FOLLOWS :
                                                     Sole Article
           The Community shall finance the shipment costs incurred to the port of unloading in
           respect of its allocation of emergency food aid in the form of cereals to the People's Repu
           blic of Mozambique under the 1975/76 programme.
           Done at Brussels, 27 July 1976.
                                                                        For the Council
                                                                         The President
                                                                       M. van der STOEL
           (!) OJ No L 180, 8. 8 . 1972, p. 1 .


title: Council Decision of 21 March 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of Bolivia on the supply of common wheat as food aid

text:
No L 123/ 10                     Official Journal of the European Communities                              6 . 5 . 74
                                             COUNCIL DECISION
                                                of 21 March 1974
              on the conclusion of the Agreement between the European Economic Commu
              nity and the Republic of Bolivia on the supply of common wheat as food aid
                                                   (74/21 8 / EEC)
THE COUNCIL OF THE EUROPEAN                                    supply of common wheat as food aid, the text of
COMMUNITIES,                                                   which is annexed to this Decision, is hereby
                                                               concluded on behalf of the Community.
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 113 , •
114 and 228 thereof ;
Haying regard to the recommendation from the                                         Article 2
Commission ;
Whereas the European Economic Community has
deposited a Declaration of provisional application of          The President of the Council is hereby authorized to
the 1 97 f Food Aid Convention ; whereas that Conven          designate the persons empowered to sign the Agree
tion has been applicable since 1 July 1971 ;                   ment and to confer on them the necessary powers to
                                                               bind the Community.
Whereas by its letter of 20 November 1972, the Re
public of Bolivia has requested food aid ;
Whereas in view of the cereal supply situation in
Bolivia, that country should be accorded, by way of
gift, 10 000 metric tons of common wheat under the
Community Food Aid Programme for 1972/73 ,                     Done at Brussels, 21 March 1974.
HAS DECIDED AS FOLLOWS :
                                                                                For the Council
                       Article 1
                                                                                The President
The Agreement between 'the European Economic
Community and the Republic of Bolivia on the                                                  J. ERTL


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31991D0243

91/243/EEC: Council Decision of 15 April 1991 concerning the conclusion of the Agreement in the form of agreed minutes between the European Economic Community and Australia relating to certain agricultural products negotiated under Article XXVIII of GATT

Official Journal L 117 , 10/05/1991 P. 0014 - 0014

COUNCIL DECISION  of 15 April 1991  concerning the conclusion of the Agreement in the form of agreed minutes between the European Economic Community and Australia relating to certain agricultural products negotiated under Article XXVIII of GATT   (91/243/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,   Having regard to the proposal from the Commission,   Whereas Australia, pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT), has made known its intention of modifying or withdrawing tariff concessions for certain agricultural products for which the Community is the main  supplier or has initial negotiator rights;   Whereas the Commission has conducted negotiations with Australia under Article XXVIII of GATT and whereas a satisfactory Agreement has been reached; whereas that Agreement should therefore be approved,   HAS DECIDED AS FOLLOWS: Article 1  The Agreement in the form of agreed minutes between the European Economic Community and Australia relating to certain agricultural products negotiated under Article XXVIII of GATT is hereby approved on behalf of the Community.   The text of the Agreement is attached to this Decision.  Article 2  The President of the Council shall notify Australia of the approval laid down by the Agreement.  Done at Luxembourg, 15 April 1991.   For the Council  The President  J. F. POOS


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/211

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2008
   (2010/548/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   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 Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (3), and in particular Article 30 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 (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 and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0085/2010),

               1.

               Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency’s budget for the financial year 2008;

               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 Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, 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 304, 15.12.2009, p. 38.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 349, 25.11.2004, p. 1.

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/213

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   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 Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (3), and in particular Article 30 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 (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 and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0085/2010),

               A.

               whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 23 April 2009 Parliament granted the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge for implementation of the Agency’s budget for the financial year 2007 (5), and, in its resolution accompanying the discharge decision, inter alia:

                           —

                           regretted that the Court of Auditors, in its 2007 annual report, had found several weaknesses which it had already highlighted in its 2006 annual report, in particular a high level of carry-overs and cancellations (nearly 70 % of the appropriations available in 2007 not having been spent),

                           —

                           noted that the Agency’s 2007 budget (EUR 42 100 000) had more than doubled compared with the 2006 budget (EUR 19 200 000),

                           —

                           called on the Agency to improve its financial management, especially as regards the increase in its budget for the financial years 2007 and 2008,

               C.

               whereas 2008 was the third full year in which the Agency had been in operation,

               1.

               Is pleased to note that the Court of Auditors has been able to obtain reasonable assurances that the annual accounts of the Agency for the financial year ended 31 December 2008 are, in all material respects, reliable, and that the underlying transactions, taken as a whole, are legal and regular;

               2.

               Notes that the Agency’s budget has increased substantially in the last three years; notes that, for the financial year 2008, the budget increased by EUR 29 000 000, or nearly 69 %, over the previous financial year, and that in 2007 (EUR 42 100 000) it had already more than doubled compared with 2006 (EUR 19 200 000);

      Recurring problems since the financial year 2006

               3.

               Is concerned that the Court of Auditors has found several weaknesses which it already highlighted in its 2006 and 2007 annual reports; regrets in particular:

                           —

                           a high level of carry-overs and cancellations (with 49 %, nearly 69 % and 55 % of the appropriations available in 2008, 2007 and 2006 respectively not spent),

                           —

                           the fact that legal commitments were entered into before the corresponding budgetary commitments,

                           —

                           the fact that, according to the Court of Auditors, recruitment procedures depart from the rules, in particular as regards the transparency and non-discriminatory nature of the procedures in question;

               4.

               Notes that EUR 30 300 000 in appropriations for the year had to be carried over and that EUR 13 000 000 in appropriations available had to be cancelled; points out also that, of the EUR 26 800 000 in appropriations carried forward for operational expenditure (title III), EUR 850 000 related to elapsed operations and should have been de-committed; notes in this respect the reply by the Agency, however, stating that it has made corrections to the final annual financial statements and that it will also take additional measures to step up controls on commitments;

               5.

               Points out, however, that a high level of carry-overs and cancellations is indicative of the inability of the Agency to manage so large an increase in its budget; wonders, despite the substantial progress made by the Agency as regards the use of appropriations in 2009, whether it would not be more responsible for the budgetary authorities, in future, to take greater care in deciding on increases in the Agency’s budget in the light of the time needed to carry out the new activities; calls on the Agency therefore to provide it with fuller details on the feasibility of future commitments;

               6.

               Considers that the Agency should also introduce:

                           —

                           an effective system for scheduling and monitoring the contractual deadlines laid down,

                           —

                           a risk-assessment process for its activities so that, subsequently, they can be closely monitored,

                           —

                           a system of differentiated appropriations in future budgets for making grants so that, in subsequent financial years, cancellations are avoided;

               7.

               Is concerned at the Court of Auditors’ criticism of the Agency for having paid out more than EUR 17 000 000 on the basis of unilateral grant decisions signed only by the Agency, while the rules in force make no provision for this type of instrument; voices its concern, in addition, at the Court of Auditors’ view that those decisions were frequently signed by the Agency after the activities had commenced or had even been completed; notes the Agency’s reply, however, giving an assurance that new framework agreements have now been signed with all border authorities which are going to be participating in Agency-coordinated joint operations;

               8.

               Is concerned at the Court of Auditors’ renewed finding that legal commitments were entered into before the corresponding budgetary commitments; notes, furthermore, that 49 ex-post commitments (totalling more than EUR 1 000 000) had been registered in the register of exceptions by the end of the year; points out also that, despite the Agency’s assurance that, by May 2009, there had already been a 50 % reduction in the number of exceptions over the same period in the previous year, the large number of exceptions is indicative of a recurring problem in the Agency’s commitment system; calls on the Agency therefore to make a more effective commitment to solving this problem completely;

               9.

               Congratulates the Agency on having introduced a treasury policy;

               10.

               Notes that the Agency reported EUR 474 116,65 in income from interest in 2008; concludes from the financial statements and from the level of the interest payments that the Agency has a permanently high level of cash holdings; notes that on 31 December 2008 the Agency’s cash holdings amounted to EUR 28 604 623,67; asks the Commission to examine what scope there is for helping to ensure that the cash holdings are managed entirely on a needs-orientated basis, in accordance with Article 15(5) of Regulation (EC, Euratom) No 2343/2002, and what changes of approach are necessary in order to keep the Agency’s cash holdings permanently as low as possible;

               11.

               Calls on the Agency to exercise it functions to the full and to continue improving its financial management, especially as regards the increase in its 2009 and 2010 budgets;

      Human resources

               12.

               Notes with concern that the Court of Auditors has again found that recruitment procedures depart from the rules and that their transparency and non-discrimination between applicants are not ensured;

      Performance

               13.

               Notes that, in June 2009, the Management Board of the Agency adopted a multiannual plan for the period 2010-2013 despite the lack of provision for this in its basic regulation; stresses the importance of that multiannual plan in enabling the Agency to plan its activities and risk-assess them more effectively; nonetheless calls on the Agency to establish a link promptly between its work programme and its financial forecasts;

               14.

               Encourages the Director to present data on the impact of operations to the Management Board;

               15.

               Calls on the Agency to set out, in its table to be annexed to the Court of Auditors’ next report, a comparison of operations carried out during the year for which discharge is to be granted and in the previous financial year so as to enable the discharge authority to assess more effectively its performance from one year to the next;

               16.

               Notes that in the coming years the discharge for the implementation of the budget for the Agency should be further based on the Agency’s performance throughout the year;

      Transparency

               17.

               Notes that the Agency does not publish information about its governing boards on its website; therefore recommends, as a means of increasing transparency, that a list of board members be placed on the Agency’s website, with full contact details for all board members;

      Cooperation with the Member States

               18.

               Notes that utilisation and implementation of the budget partly depend on Member State involvement; encourages the Agency, accordingly, to step up its dialogue with the Member States in order to expand their involvement;

               19.

               Calls on the Agency to improve its financial management with regard to reimbursement of costs contracted by Member States by identifying the roots of the problem, together with the Member States, so as to implement, with them, the appropriate solutions;

      Internal audit

               20.

               Acknowledges that, of the 23 recommendations issued after the initial audit carried out in 2007 by the Internal Audit Service (IAS), four have been adequately and effectively implemented, 15 are in progress and four have not yet been started; emphasises that the recommendations, which are considered to be ‘very important’, relate to completing job descriptions and the setting of objectives for staff members, strengthening security, improving mail registration, strengthening the grant management process and ensuring compliance with the Financial Regulation;

               21.

               Congratulates the Agency on having recruited, at the end of 2008, an Internal Control Coordinator/Quality Manager; emphasises that this new post will help the Agency to ensure a more structured, disciplined and coherent approach towards the implementation of the IAS’ recommendations;

               22.

               Refers for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 38.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 349, 25.11.2004, p. 1.

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

      (5)  OJ L 255, 26.9.2009, p. 126.

      (6)  Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal.


Avis juridique important

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31977D0616

77/616/EEC: Council Decision of 27 September 1977 adopting a series of studies in support of the use of informatics

Official Journal L 255 , 06/10/1977 P. 0025 - 0027 Finnish special edition: Chapter 13 Volume 8 P. 0003  Greek special edition: Chapter 16 Volume 1 P. 0018  Swedish special edition: Chapter 13 Volume 8 P. 0003

COUNCIL DECISION  of 27 September 1977  adopting a series of studies in support of the use of informatics  (77/616/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the Council resolution of 15 July 1974 on a Community policy on data processing (3) is aimed at giving a Community orientation to policies for encouraging and promoting data processing;  Whereas the development of application software raises a number of general problems concerning programming techniques and relations between manufacturers and users;  Whereas the development of informatics applications calls for an examination of the problems of data security and confidentiality and of the technical, legal and social aspects thereof, in particular with a view to protecting citizens in respect of the use of informatic facilities;  Whereas the efficient use of computers is of considerable economic importance ; whereas, to increase this efficiency, programming techniques must be improved;  Whereas data-base systems and software should be systematically examined and tools developed to help users to select, implement and operate these systems and to facilitate standardization at a later stage;  Whereas the above projects seem necessary in order to attain certain Community objectives within the functioning of the common market;  Whereas the Treaty establishing the European Economic Community has not provided the necessary powers,  HAS DECIDED AS FOLLOWS:    Article 1 The following three joint informatics studies are hereby adopted:    (a) study on data security and confidentiality;       (b) study on programming techniques;       (c) study on the evaluation and implementation of informatic systems.         These studies are defined in section II of the Annex.   Article 2 The duration of the studies referred to in Article 1 shall be three years. The appropriations necessary for carrying them out, which represent 50 % of their cost, shall be entered in the budget of the European Communities. They shall amount to 1 245 000 units of account. 50 % of the cost of implementing the studies shall be borne by the institutes concerned.   Article 3 The Commission shall be responsible for carrying out the studies. It shall be assisted by the Advisory Committee on Joint Data Processing Projects.  The Commission shall submit a report to the Council annually.     Done at Brussels, 27 September 1977.  For the Council  The President  A. HUMBLET  (1)OJ No C 28, 9.2.1976, p. 6. (2)OJ No C 131, 12.6.1976, p. 8. (3)OJ No C 86, 20.7.1974, p. 1.     ANNEX I. INTRODUCTION    Some attempts to overcome the problems posed by the development of application software have been made by hardware or software producers or users, depending on their capabilities or the advantages to themselves, but not in any coherent fashion.  Consequently, in order to cope with a situation characterized by confusion which at present shows no sign of improvement, some Community effort, especially of a methodological nature, would be helpful if in the medium or long term more suitable approaches to the use, security or design of informatic systems which would benefit users and industry were defined, so that products better suited to actual needs can be produced with more appropriate tools.  The studies should be carried out as far as possible by competent centres independent of the user or producer sectors concerned.  II. DESCRIPTION OF STUDIES       1. Study on data security and confidentiality  The main object of this study is to examine, in conjunction with the Committee of National Experts convened by the Commission, the chief problems relating to the harmonization of Community legislation covering the protection of private life and the development of codes of application and corresponding standards.  The work will include analysis and classification of the problems and, in particular:      - estimates of the quantitative and qualitative aspects of the movement of data across frontiers inside and outside the Community,           - possible role of Community standards with a view to easier control of such movement, reduction of costs and opening of markets as a complement to effects of legislation - identification of priorities for the adoption of Community standards,           - preparatory studies with regard to cost estimates. Costs and possible distortion of competition which could ensue from different national legislations ; costs resulting from Community harmonization ; impact of costs borne by the public and private sectors and by individuals,           - identification of appropriate measures offering equivalent security at Community level,           - analysis of studies undertaken at national level in the Member States and other countries such as Sweden and the United States,           - analysis of problems relating to data security which could have an effect on confidentiality, legislation and standards, and a definition of the studies which should be carried out.             The continuation of work resulting from this analysis will be decided upon in the context of the multiannual programme.       2. Study on programming techniques  The initial study on programming techniques has the following main aims:      - to identify fields of special importance to users,           - to draft proposals for the fields in which the greatest needs are felt,           - to define specifications for a possible future detailed study.                   3. Study on evaluation and implementation of data-base systems  The study will take two years and will comprise the following activities:      - examination of users' needs, of problems and of experience,           - development, on the basis of this examination and of the analysis of guidelines for the selection, implementation and use of data-base systems,           - formulation of recommendations regarding standardization and portability of data-base systems.             A decision concerning further work on experiments and on the application of results will be taken in the context of the multiannual programme.


title: 2007/650/EC: Council Decision of 1 October 2007 appointing an Austrian member to the Committee of the Regions

text:
               9.10.2007

               EN

               Official Journal of the European Union

               L 262/28

      COUNCIL DECISION

   of 1 October 2007
   appointing an Austrian member to the Committee of the Regions
   (2007/650/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 from the Austrian Government,
   Whereas:

               (1)

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

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the mandate of Mr Sepp RIEDER,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Renate BRAUNER, Vizebürgermeisterin der Stadt Wien und stellvertretende Landeshauptfrau, is hereby appointed a member of the Committee of the Regions, in place of Mr Sepp RIEDER, for the remainder of the term of office, which runs until 25 January 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Luxembourg, 1 October 2007.

            For the Council

            The President

         M. LINO

      (1)  OJ L 56, 25.2.2006, p. 75.


               15.10.2011

               EN

               Official Journal of the European Union

               C 304/7

         Decision of the High Representative of the Union for Foreign Affairs and Security Policy
   of 15 June 2011
   on the security rules for the European External Action Service
   2011/C 304/05
   THE HIGH REPRESENTATIVE,
   Having regard to Council Decision 2010/427/EU establishing the organisation and functioning of the European External Action Service (‘EEAS’), in particular Article 10 thereof,
   Having regard to the opinion of the Committee referred to in Article 10(1) of the abovementioned Council Decision,
   Whereas:

               (1)

               The EEAS, as a functionally autonomous body of the European Union, should have security rules as referred to in Article 10(1) of Council Decision 2010/427/EU.

               (2)

               The High Representative should decide on security rules for the EEAS covering all aspects of security so that the EEAS can manage effectively the risks to its staff, physical assets and information, and fulfil its duty of care responsibilities in this regard.

               (3)

               The security rules for the EEAS should help achieve a more coherent comprehensive general framework within the European Union for protecting classified information, building on the Council security rules and the Commission security provisions.

               (4)

               In particular, a level of protection should be afforded to EEAS staff, physical assets and information, which is in line with best practice in the Council, the European Commission, the Member States and, as appropriate, international organisations.

               (5)

               The basic principles and minimum standards for protecting classified information applied in the EEAS should be equivalent to those applied in the Council and the European Commission.

               (6)

               It is necessary to establish the organisation of security in the EEAS and the allocation of security tasks within the EEAS structures.

               (7)

               The High Representative should take all appropriate measures necessary to implement these rules with the support of the Member States, the General Secretariat of the Council and the European Commission.

               (8)

               The High Representative should draw on relevant expertise in the Member States, the General Secretariat of the Council and the European Commission as necessary, including through appropriate security structure,

         HAS ADOPTED THIS DECISION:
   Article 1
   Purpose and scope
   1.   This Decision lays down the rules for the safety and security of the European External Action Service (hereinafter ‘EEAS security rules’). It establishes the general regulatory framework for managing effectively the risks to staff, physical assets and information, and for fulfilling its duty of care responsibilities in this regard.
   2.   The EEAS security rules shall apply to all EEAS staff (i.e. officials and other servants, seconded national experts and local agents) and to all staff in Union Delegations, regardless of their administrative status or origin (hereinafter ‘staff’).
   3.   The High Representative shall take any measures necessary in order to implement these rules in the EEAS and build up the necessary capacity covering all aspects of security with the support of the relevant services of the Member States, the General Secretariat of the Council and the Commission.
   4.   From the entry into force of the present Decision, transitional arrangements may be used, as necessary, through service-level agreements with the relevant services of the General Secretariat of the Council and the Commission.
   5.   The High Representative shall keep these security rules under review. The High Representative shall ensure overall consistency in the application of this Decision.
   6.   Where necessary, the High Representative, on recommendation by the Committee referred to in Article 9(6), shall approve security policies setting out measures for implementing this Decision. That Committee may agree at its level security guidelines to supplement or support this Decision.
   7.   In implementing paragraph 6, the Committee shall take full account of security policies and guidelines in force in the Council and the European Commission, in order to maintain consistency between the respective security measures in the EEAS, the Council and the Commission.
   Article 2
   Security risk management
   1.   In order to determine its protective security needs, the EEAS shall apply a comprehensive security risk assessment methodology in consultation with the Security Office of the General Secretariat of the Council and the Security Directorate of the European Commission. The Committee referred to in Article 9(6) shall be consulted on its application in the EEAS.
   2.   Risk to staff, physical assets and information shall be managed as a process. This process shall be aimed at determining known security risks, at defining security measures to reduce such risks to an acceptable level and at applying measures in line with the concept of defence in depth. The effectiveness of such measures shall be continuously evaluated.
   3.   The roles, responsibilities and tasks laid down in this Decision are without prejudice to the responsibility of each EEAS staff member to exercise common sense and good judgement with regard to their own safety and security, as well as the requirement for them to comply with all applicable security rules, regulations, procedures and instructions.
   4.   The EEAS shall take all reasonable measures to ensure the safety and security of staff, physical assets and information and to prevent reasonably foreseeable damage thereto pursuant to Article 1(3).
   5.   Security measures in the EEAS for protecting classified information throughout its life cycle shall be commensurate in particular with its security classification, the form and volume of the information or material, the location and construction of facilities housing classified information and the threat, including the locally assessed threat, of malicious and/or criminal activities, including espionage, sabotage and terrorism.
   Article 3
   The protection of information
   1.   The High Representative shall, after consulting the Committee referred to in Article 10(1) of Council Decision 2010/427/EU establishing the organisation and functioning of the EEAS, decide on rules for protecting classified information equivalent to those set out in the Council Decision 2011/292/EU on the security rules for protecting EU classified information (1) (hereinafter ‘EUCI’). Pending the adoption of these rules, the EEAS shall apply mutatis mutandis the above-mentioned security rules of the Council. The High Representative shall take all necessary measures to implement those rules in the EEAS pursuant to Article 1(3).
   2.   Where Member States introduce classified information bearing a national security classification marking into the structures or networks of the EEAS, the EEAS shall protect that information in accordance with the requirements applicable to EUCI at the equivalent level, as set out in the applicable rules pursuant to Article 3(1).
   3.   With regard to the protection of sensitive unclassified information, the security measures within the EEAS shall be commensurate with its sensitivity and/or the impact of its unauthorised disclosure on EU interests.
   Article 4
   Physical security
   1.   Appropriate physical security measures, including access control arrangements, shall be put in place for all premises, buildings, offices, rooms and other areas in the EEAS, as well as areas housing communication and information systems handling classified information. Such measures shall be taken into account in the design and planning of buildings.
   2.   Where necessary, physical security measures for the protection of staff and their dependants shall be put in place.
   3.   The measures referred to in paragraphs 1 and 2 shall be commensurate with the assessed risk to staff and visitors, physical assets and information.
   4.   Areas in the EEAS, in which information classified CONFIDENTIEL UE/EU CONFIDENTIAL or above, or its equivalent, is stored, shall be established as secured areas in accordance with the rules pursuant to Article 3(1) and shall be approved by the competent security authority within the EEAS.
   Article 5
   Personnel security clearance
   1.   Access to classified information and personnel security clearance procedures shall be governed by the requirements laid down in the rules pursuant to Article 3(1).
   2.   All staff whose duties may require them to have access to information classified CONFIDENTIEL UE/EU CONFIDENTIAL or above, or its equivalent, shall be security-cleared to the relevant level before being granted access to such classified information. However, local agents shall not be granted access to EUCI except and in accordance with the conditions laid down in the rules pursuant to Article 3(1).
   3.   The personnel security clearance procedures for EEAS staff shall be laid down in the rules pursuant to Article 3(1). These procedures shall provide a level of assurance equivalent to that provided for in the procedures applied in the European Commission and the General Secretariat of the Council.
   Article 6
   Security of communication and information systems
   1.   The EEAS shall protect information handled in communication and information systems (hereinafter ‘CIS’) against threats to confidentiality, integrity, availability, authenticity and non-repudiation.
   2.   All CIS handling classified information shall undergo an accreditation process. The EEAS shall apply a system for managing security accreditation in consultation with the General Secretariat of the Council and the European Commission.
   3.   Where the protection of EUCI is provided by cryptographic products, such products shall be approved by the EEAS Crypto Approval Authority on a recommendation by the Committee referred to in Article 10(1) of Council Decision 2010/427/EU establishing the organisation and functioning of the EEAS, in accordance with Article 10 of Council Decision 2011/292/EU on the security rules for protecting EU classified information.
   4.   The High Representative shall, to the extent necessary, establish the following information assurance functions, pursuant to Article 3(1):

               (a)

               an information assurance authority;

               (b)

               a TEMPEST authority;

               (c)

               a crypto approval authority;

               (d)

               a crypto distribution authority.

         5.   For each system, the High Representative shall establish the following functions, pursuant to Article 3(1):

               (a)

               a security accreditation authority;

               (b)

               an information assurance operational authority.

         Article 7
   Security awareness and training
   1.   The High Representative shall ensure that appropriate security awareness and training programmes are drawn up and implemented in the EEAS, and that staff and, where appropriate, their dependants, receive the necessary awareness briefings and training commensurate with the risks in their place of residence.
   2.   Before being granted access to classified information and at regular intervals thereafter, staff shall be briefed on and acknowledge their responsibilities to protect EUCI in accordance with the rules pursuant to Article 3(1).
   Article 8
   Security breaches and compromise of classified information
   1.   Any breach or suspected breach of security shall be reported immediately to the EEAS Security Directorate, which shall inform the relevant authorities of the Commission, the General Secretariat of the Council or the Member States as necessary.
   2.   Where it is known or where there are reasonable grounds to suspect that classified information has been compromised or lost, the EEAS Security Directorate shall inform the Security Directorate of the European Commission, the General Secretariat of the Council or the Member State as appropriate and take all relevant measures in accordance with the rules pursuant to Article 3(1).
   3.   Any member of staff who is responsible for a breach of the security rules laid down in this Decision may be liable to disciplinary action in accordance with the applicable rules and regulations. Any individual who is responsible for compromising or losing classified information shall be liable to disciplinary and/or legal action in accordance with the applicable laws, rules and regulations.
   Article 9
   Organisation of security in the EEAS
   1.   The High Representative shall be the security authority of the EEAS. In that capacity, the High Representative shall ensure in particular that:

               (a)

               security measures are coordinated as necessary with the competent authorities of the Member States, the General Secretariat of the Council and the European Commission, and, as appropriate, third States or international organisations, on all security matters relevant for the EEAS’ activities, including on the nature of threats to the security of staff, physical assets and information and the means of protection against them;

               (b)

               security aspects are fully taken into account from the outset for all EEAS activities;

               (c)

               EU Personnel Security Clearances are issued to EEAS staff in accordance with Article 5(2) before they may be granted access to information classified CONFIDENTIEL UE/EU CONFIDENTIAL or above, or its equivalent;

               (d)

               a registry system for security purposes is established within the EEAS which shall ensure that classified information is handled in accordance with the rules pursuant to Article 3(1) and that a record is kept of all classified information released by the EEAS to third States and international organisations, and of all classified information received from third States or international organisations;

               (e)

               security inspections referred to in Article 11 are undertaken;

               (f)

               investigations are conducted into any actual or suspected breach of security, including compromise or loss of classified information held by or originating in the EEAS, and that the relevant security authorities are requested to assist in such investigations;

               (g)

               in order to give a timely and effective response to security incidents, appropriate incident and consequence management plans and mechanisms are established;

               (h)

               appropriate measures are taken in the event of failure by staff to comply with this Decision.

         2.   The High Representative may enter into administrative arrangements as necessary, and in particular with regard to the exchange of classified information with third States or international organisations, without prejudice to Article 218(3) of the Treaty on the Functioning of the European Union. The Committee referred to in Article 9(6) shall be consulted before they are entered into.
   3.   The Executive Secretary-General shall ensure that appropriate physical and organisational measures are in place for the security and safety of staff and visitors, physical assets and information in all EEAS premises. The Executive Secretary-General shall be assisted in this task by the Chief Operating Officer and the EEAS Security Directorate.
   4.   The EEAS shall have a Security Directorate responsible for organising all security matters in the EEAS, which shall be at the disposal of, and when necessary may report to, the High Representative in accordance with its mandate. In accordance with Article 10(3) of Council Decision 2010/427/EU establishing the organisation and functioning of the EEAS, the Security Directorate shall be assisted by the competent services of the Member States.
   5.   The Head of each Union Delegation shall be responsible for implementing all measures relating to the security of the Delegation, and shall manage the security and safety of the Delegation’s staff and visitors, physical assets and information. He shall be assisted in these tasks by the EEAS Security Directorate, by Delegation staff exercising dedicated tasks and functions, and by dedicated security staff posted where necessary.
   6.   A Security Committee is hereby established. The High Representative shall seek the advice of the Security Committee, which shall examine and assess any security matter within the scope of this Decision and make recommendations, as appropriate. The Security Committee shall be composed of relevant security experts representing each Member State, the General Secretariat of the Council and the Security Directorate of the European Commission. It shall be chaired by the High Representative or designated delegate, and shall meet as instructed by the High Representative or at the request of any of its members. The Security Committee shall organise its activities in such a way that it can make recommendations on any specific area of security within the scope of this Decision.
   7.   The Head of the Security Directorate of the EEAS shall meet regularly, and whenever necessary, to confer on areas of common interest with the Director of Security of the General Secretariat of the Council and the Director of the Security Directorate of the European Commission.
   Article 10
   Security of CSDP missions and EUSR
   The responsibility of each Head of Mission or EU Special Representative (EUSR) with regard to the security of the mission or team is laid down in the Council Decision establishing the mission or appointing the EUSR. Each Head of Mission or EUSR may be assisted by the EEAS Security Directorate in ensuring that the policy approved by the Council on the security of personnel deployed outside the EU in an operational capacity under Title V, Chapter 2 of the Treaty on European Union is duly implemented. Appropriate liaison mechanisms shall be established to that effect.
   Article 11
   Security inspections
   1.   The High Representative shall ensure that security inspections are undertaken in order to verify compliance with the security rules and regulations for protecting staff, physical assets and information within the EEAS and in missions established under Title V, Chapter 2 of the TEU.
   2.   The EEAS may draw, as necessary, on expertise in the Member States, the General Secretariat of the Council and the European Commission.
   3.   The High Representative shall adopt an annual security inspection programme.
   Article 12
   Business continuity planning
   The EEAS Security Directorate shall assist the Executive Secretary-General in managing the security-related aspects of EEAS business processes as part of the overall Business Continuity Planning of the EEAS.
   Article 13
   Entry into force
   This Decision shall enter into force on the date of its signature.

      Done at Brussels, 15 June 2011.

            The High Representative

         C. ASHTON

      (1)  Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (OJ L 141, 27.5.2011, p. 17).


title: 2004/864/EC: Commission Decision of 16 December 2004 amending Commission Decision 1999/478/EC of renewing the Advisory Committee on Fisheries and Aquaculture

text:
               17.12.2004

               EN

               Official Journal of the European Union

               L 370/91

      COMMISSION DECISION

   of 16 December 2004
   amending Commission Decision 1999/478/EC of renewing the Advisory Committee on Fisheries and Aquaculture
   (2004/864/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               It is important for the Commission to obtain the input of the interests concerned on the issues raised by the establishment of a common fisheries policy (CFP). An advisory committee (ACF) was created in the fisheries sector by Commission Decision 71/128/EEC (1), replaced by Decision 1999/478/EC of 14 July 1999 renewing the Advisory Committee on Fisheries and Aquaculture (ACFA) (2). The membership of ACFA is defined in Article 3 of Decision 1999/478/EC.

               (2)

               Decision 1999/478/EC set up four working groups to prepare the opinions of the Committee; working group 2 is in charge of Aquaculture.

               (3)

               Given the rapid growth of European aquaculture in recent years, it is appropriate that the interests of this sector are better represented within ACFA. The membership of this Committee should therefore be extended in order to include the vice-chairman of working group 2. Decision 1999/478/EC should be amended accordingly,

         DECIDES:
   Article 1
   Article 3 of Decision 1999/478/EC is amended as follows:

               (a)

               the first sentence is replaced by the following:
               ‘The Committee is composed of 21 members hereafter referred to as “the members”.’;

               (b)

               paragraph 2 is replaced by the following:
               ‘2.   The following also have a seat on the Committee: the chairman and vice-chairman of the Fisheries sectorial dialogue committee and the chairman and vice-chairman of working groups 1, 2, 3 and 4 as referred to in Article 7.’

         Article 2
   This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union.

      Done at Brussels, 16 December 2004.

            For the Commission

         Joe BORG

            Member of the Commission

      (1)  OJ L 68, 22.3.1971, p. 18.

      (2)  OJ L 187, 20.7.1999, p. 70.