title: Council Decision (EU) 2015/312 of 24 February 2015 appointing a German member of the European Economic and Social Committee

text:
               27.2.2015

               EN

               Official Journal of the European Union

               L 56/36

         COUNCIL DECISION (EU) 2015/312
   of 24 February 2015
   appointing a German member of the European Economic and Social Committee
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the German Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Horst MUND,

         HAS ADOPTED THIS DECISION:
   Article 1
   Dr Dirk BERGRATH, Leiter des EU-Verbindungsbüros der IG Metall is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 24 February 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  OJ L 251, 25.9.2010, p. 8.


title: 2009/515/EC: Council Decision of 22 June 2009 on the conclusion of the Agreement between the European Community and the State of Israel on certain aspects of air services

text:
               3.7.2009

               EN

               Official Journal of the European Union

               L 173/9

      COUNCIL DECISION

   of 22 June 2009
   on the conclusion of the Agreement between the European Community and the State of Israel on certain aspects of air services
   (2009/515/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement between the European Community and the State of Israel on certain aspects of air services (1) (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               The Agreement was signed on behalf of the Community on 9 December 2008 subject to its conclusion at a later date, in conformity with Council Decision 2009/305/EC (2).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the State of Israel on certain aspects of air services is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 8 of the Agreement.

      Done at Luxembourg, 22 June 2009.

            For the Council

            The President

         J. ŠEBESTA

      (1)  OJ L 90, 2.4.2009, p. 10.

      (2)  OJ L 90, 2.4.2009, p. 9.


title: Decision of the Bureau of the European Parliament of 7 October 2015 amending the Decision of the Bureau of the European Parliament of 29 March 2004 laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding

text:
               19.12.2015

               EN

               Official Journal of the European Union

               C 428/1

         DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT
   of 7 October 2015
   amending the Decision of the Bureau of the European Parliament of 29 March 2004 laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding
   (2015/C 428/01)
   THE BUREAU OF THE EUROPEAN PARLIAMENT,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 224 thereof,
   Having regard to Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 (1), and in particular Article 9(1) thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 (2) (the ‘Financial Regulation’) and Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 (3) (the ‘Rules of Application of the Financial Regulation’),
   Having regard to Rule 25(11) of Parliament’s Rules of Procedure,
   Whereas:

               (1)

               Article 209(1) of the Rules of Application of the Financial Regulation is addressed by Article II.7 of Annex 2A and Article II.7 of Annex 2B to the Decision of the Bureau of the European Parliament of 29 March 2004 (4) (‘the Decision’).

               (2)

               In recent years, the European Parliament has, pursuant to Article 104 of the Financial Regulation and Article 137 of the Rules of Application of the Financial Regulation, required parties and foundations to collect at least three offers for any procurement above a contract value of EUR 15 000.

               (3)

               According to Article 209(2) of the Rules of Application of the Financial Regulation, where implementation of the action or work programme requires the award of a procurement contract with a value of more than EUR 60 000, the authorising officer responsible is allowed to require the beneficiary to abide by special rules in addition to those referred to in Article 209(1) of the Rules of Application of the Financial Regulation. Those special rules are to be based on rules contained in the Financial Regulation and to be determined with due regard for the value of the contracts concerned, the relative size of the Union contribution in relation to the total cost of the action and the risk. In addition, such special rules are to be included in the grant decision or agreement.

               (4)

               Consequently, Article 209(2) of the Rules of Application of the Financial Regulation constitutes the relevant legal basis for the award of contracts in the framework of grant funding with a value of more than EUR 60 000 and it is therefore appropriate for it to be used as the legal basis for grants, inter alia, to political parties and foundations at European level in excess of this amount.

               (5)

               The audit findings of the European Court of Auditors for the budget year 2014 (5) include a remark concerning non-compliance with the requirement of at least three offers above a contract value of EUR 15 000. When parties and foundations were given an opportunity to comment on this, they pointed out that it was unclear whether that requirement applied to new contracts only and whether it operated at invoice level or at supplier level. In addition, they made the point that annual tendering for some service contracts such as cleaning or maintenance would result in an unnecessary administrative burden.

               (6)

               In the light of Article 209 of the Rules of Application of the Financial Regulation, those audit findings and those comments, the general procurement rule should be clarified, taking account, firstly, of the fact that the European political parties and foundations are limited in terms of their human resources and management capacity and, secondly, that they have specific political and ideological orientations which impact on their choice of supplier. That specific character is already recognised in Article II.2.1 of Annex 2A to the Decision, which stipulates that ‘[p]olitical affinity does in principle not constitute a reason for a conflict of interest in case of agreements concluded between the political party and organisations sharing the same political values’.

               (7)

               In particular, for any implementation contract with a value of more than EUR 60 000 per supplier per year per distinctive service or product there should be at least three offers. Contracts should be for no more than five years. The evaluation of offers should be documented and the choice of final supplier should be supported by a sufficient statement of reasons. In certain specific market situations, it should, in duly justified cases, be possible for a contract to be awarded on a basis of a single tender. In such cases the burden of proof should rest with the party or foundation which is the beneficiary of the grant,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Decision is amended as follows:

               1.

               In Annex 2A, Article II.7 is replaced by the following:
               ‘Article II.7 – AWARD OF CONTRACTS
               If the Beneficiary concludes contracts for the purpose of implementing the work programme and the goods or services contracted constitute eligible expenditure under the operating budget, the Beneficiary shall be required to seek competitive tenders and to award the contract to the tenderer making the most economically advantageous bid, which shall be deemed to be the bid offering the best value for money. The Beneficiary shall observe the principles of transparency and equal treatment of tenderers and shall avoid any conflict of interests. For contracts with a value of more than EUR 60 000 per supplier, per year and per good or service, the Beneficiary shall collect at least three offers responding to a written invitation to bid detailing the requirements for the procurement. The Beneficiary shall keep a record of the evaluation of the offers and shall justify in writing its choice of the final supplier. If there are fewer than three offers responding to the written invitation to bid, the Beneficiary shall be required to prove that it was impossible to obtain more offers for the procurement in question.
               The duration of the contracts concerned shall not exceed five years.
               The Beneficiary shall bear sole liability in respect of the implementation of the work programme and compliance with the provisions of the Decision. The Beneficiary must undertake to make all the arrangements required to ensure that the contractor agrees to waive all rights vis-à-vis the European Parliament under the Decision.’

               2.

               Article II.7 of Annex 2B is replaced by the following:
               ‘Article II.7 – AWARD OF CONTRACTS
               If the Beneficiary concludes contracts for the purpose of implementing the work programme and the goods or services contracted constitute eligible expenditure under the operating budget, the Beneficiary shall be required to seek competitive tenders and to award the contract to the tenderer making the most economically advantageous bid, which shall be deemed to be the bid offering the best value for money. The Beneficiary shall observe the principles of transparency and equal treatment of tenderers and shall avoid any conflict of interests. For contracts with a value of more than EUR 60 000 per supplier, per year and per good or service, the Beneficiary shall collect at least three offers responding to a written invitation to bid detailing the requirements for the procurement. The Beneficiary shall keep a record of the evaluation of the offers and shall justify in writing its choice of the final supplier. If there are fewer than three offers responding to the written invitation to bid, the Beneficiary shall be required to prove that it was impossible to obtain more offers for the procurement in question.
               The duration of the contracts concerned shall not exceed five years.
               The Beneficiary shall bear sole liability in respect of the implementation of the work programme and compliance with the provisions of the Decision. The Beneficiary must undertake to make all the arrangements required to ensure that the contractor agrees to waive all rights vis-à-vis the European Parliament under the Decision.’

         Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2016.

      (1)  Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding (OJ L 297, 15.11.2003, p. 1).

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

      (3)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

      (4)  Decision of the Bureau of the European Parliament of 29 March 2004 laying down of the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding, as amended by the Bureau decisions of 1 February 2006, 18 February 2008, 2 February 2011 and 13 January 2014 (OJ C 63, 4.3.2014, p. 1).

      (5)  Annual report of the Court of Auditors on the implementation of the budget concerning the financial year 2014, together with the institutions’ replies (OJ C 373, 10.11.2015, p. 1).


title: Council Decision of 4 November 2008 on the appointment of the member of the European Statistical Advisory Committee representing the Council

text:
               14.11.2008

               EN

               Official Journal of the European Union

               C 292/6

      COUNCIL DECISION

   of 4 November 2008
   on the appointment of the member of the European Statistical Advisory Committee representing the Council
   (2008/C 292/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Decision No 234/2008 EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Advisory Committee and repealing Council Decision 91/116/EC entered into force on 15 June 2008.
   Having regard to the Recommendation of the Economic and Financial Committee of 26 June 2008,
   The Council has decided to appoint Maria Lucília SALEMA E CARVALHO as the member representing the Council in the European Statistical Advisory Committee (ESAC).
   This decision shall enter into force 14 November 2008.
   Done at Brussels, 4 November 2008.


title: 2008/308/EC: Council Decision of 7 April 2008 appointing two Austrian members and two Austrian alternate members of the Committee of the Regions

text:
               17.4.2008

               EN

               Official Journal of the European Union

               L 107/28

      COUNCIL DECISION

   of 7 April 2008
   appointing two Austrian members and two Austrian alternate members of the Committee of the Regions
   (2008/308/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 that Committee has become vacant as a result of the resignation of Mr LINHART. Another member’s seat has become vacant as a result of the death of Mr ZIMPER. Two alternate members’ seats have become vacant as a result of the resignations of Mr MÖDLHAMMER and Mr VÖGERLE,

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

               (a)

               as members:

                           —

                           Ms Marianne FÜGL, Vizebürgermeisterin, Marktgemeinde Traisen,

                           —

                           Mr Erwin MOHR, Bürgermeister, Marktgemeinde Wolfurt,

                     and

               (b)

               as alternate members:

                           —

                           Mr Johannes PEINSTEINER, Bürgermeister, Marktgemeinde St. Wolfgang,

                           —

                           Mr Markus LINHART, Bürgermeister der Stadt Bregenz.

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

      Done at Luxembourg, 7 April 2008.

            For the Council

            The President

         R. ŽERJAV

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Commission Decision (Euratom) 2017/251 of 2 June 2016 on the conclusion on behalf of the European Atomic Energy Community, of the Agreement continuing the International Science and Technology Center between the European Union and Euratom acting as one Party and Georgia, Japan, the Kingdom of Norway, the Kyrgyz Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Korea, the Republic of Tajikistan, and the United States of America

text:
               14.2.2017

               EN

               Official Journal of the European Union

               L 37/17

         COMMISSION DECISION (Euratom) 2017/251
   of 2 June 2016
   on the conclusion on behalf of the European Atomic Energy Community, of the Agreement continuing the International Science and Technology Center between the European Union and Euratom acting as one Party and Georgia, Japan, the Kingdom of Norway, the Kyrgyz Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Korea, the Republic of Tajikistan, and the United States of America
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the approval of Council pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community (1),
   Whereas:

               (1)

               On 21 October 2013 the Council authorised the Commission to open negotiations for the establishment of an Agreement continuing the International Science and Technology Center between the European Union and Euratom acting as one Party and Georgia, Japan, the Kingdom of Norway, the Kyrgyz Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Korea, the Republic of Tajikistan, and the United States of America.

               (2)

               These negotiations have been successfully completed on September 10, 2015.

               (3)

               The Agreement was signed by all Parties on December 9 2015, in Astana, Kazakhstan.

               (4)

               The Agreement also covers matters falling under competences of the European Atomic Energy Community

               (5)

               The conclusion of the Agreement is subject to a separate procedure as regards matters falling within the competence of the Treaty of the European Union and the Treaty on the Functioning of the European Union,

               (6)

               The Agreement continuing the International Science and Technology Center between the European Union and Euratom acting as one Party, Georgia, Japan, the Kingdom of Norway, the Kyrgyz Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Korea, the Republic of Tajikistan, and the United States of America should be approved on behalf of the European Atomic Energy Community.

         HAS DECIDED AS FOLLOWS:
   Article 1
   The conclusion of the Agreement continuing the International Science and Technology Center between the European Union and Euratom acting as one Party, Georgia, Japan, the Kingdom of Norway, the Kyrgyz Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Korea, the Republic of Tajikistan, and the United States of America (‘the Agreement’) is hereby approved on behalf of the European Atomic Energy Community.
   The text of the Agreement is attached to the Council Decision on the conclusion of the continuing Agreement (2).
   Article 2
   The Commissioner responsible for International Cooperation and Development is hereby authorised to carry out all necessary steps on behalf of the European Atomic Energy Community, in order to express the consent of the European Atomic Energy Community to be bound by the Agreement, in particular to deposit the notification provided for in Article 18 of the Agreement.

      Done at Brussels, 2 June 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  Council Decision (Euratom) 2015/1990 of 26 October 2015 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Agreement continuing the International Science and Technology Center (OJ L 290, 6.11.2015, p. 8).

      (2)  Council Decision (EU) 2017/248 of 6 February 2017 approving the conclusion of the Agreement continuing the International Science and Technology Center (see page 1 of this Official Journal).


title: 2009/408/EC: Decision of the European Parliament and of the Council of 6 May 2009 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               29.5.2009

               EN

               Official Journal of the European Union

               L 132/10

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 6 May 2009
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2009/408/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (the Fund) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market.

               (2)

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

               (3)

               Spain submitted an application to mobilise the Fund, in respect of redundancies in the motor vehicle sector, on 29 December 2008. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission therefore proposes to deploy an amount of EUR 2 694 300.

               (4)

               Furthermore, the Commission proposes to deploy an amount of EUR 690 000 from the Fund for technical assistance in accordance with Article 8 of Regulation (EC) No 1927/2006.

               (5)

               The Fund should therefore be mobilised in order to provide a financial contribution for the application submitted by Spain as well as to address the need for technical assistance,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   For the general budget of the European Union for the financial year 2009, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 3 384 300 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 6 May 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. KOHOUT

      (1)  OJ C 139, 14.6.2006, p. 1.

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


Avis juridique important

|

32001D1228(01)

Council decision of 17 December 2001 appointing the chairperson and two members of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs)

Official Journal C 371 , 28/12/2001 P. 0002 - 0002

Council decisionof 17 December 2001appointing the chairperson and two members of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs)(2001/C 371/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark(1), and in particular Articles 120 and 131 thereof,Having regard to the candidatures presented by the Administrative Board of the Office for Harmonisation in the Internal Market (trade marks and designs) on 7 November 2001,HAS DECIDED AS FOLLOWS:Article 11. Mrs Kerstin Margareta SUNDSTRÖM, born in Längbro (Sweden) on 4 February 1941, is hereby appointed chairperson of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs) for the period from 1 March 2002 to 28 February 2006.2. Mr Peter Christian DYRBERG, born in Copenhagen (Denmark) on 16 October 1962, and Mr Fernando LÓPEZ DE REGO FERNÁNDEZ, born in Badajoz (Spain) on 24 August 1951, are hereby appointed members of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs) for a period of five years.Article 2The date on which the five-year period referred to in Article 1(2) will start shall be determined by the Administrative Board of the Office for Harmonization in the Internal Market (trade marks and designs).Done at Brussels on 17 December 2001.For the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ L 11, 14.1.1994, p. 1.


title: 2007/542/EC: Council Decision of 16 July 2007 appointing four Cypriot members and four Cypriot alternate members to the Committee of the Regions

text:
               1.8.2007

               EN

               Official Journal of the European Union

               L 200/46

      COUNCIL DECISION

   of 16 July 2007
   appointing four Cypriot members and four Cypriot alternate members to the Committee of the Regions
   (2007/542/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 Cypriot 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)

               Four members’ seats on the Committee of the Regions have become vacant following the end of the mandates of Mr ZAMPELAS, Mr SARIKAS, Mr IACOVOU and Mr ELENODOROU. Four alternate members’ seats on the Committee of the Regions have become vacant following the end of the mandates of Ms PERICLEOUS, Mr VIOLARIS, Mr MICHAEL and Mr KALLIS,

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

               (a)

               as members:

                           —

                           Mr Savvas ILIOFOTOU, Mayor of Strovolos, replacing Mr Michael ZAMPELAS,

                           —

                           Ms Eleni LOUCAIDOU, Municipal Councillor of Nicosia, replacing Mr Fidias SARIKAS,

                           —

                           Mr Savvas SAVVA, President of the Community Council of Alassa, replacing Mr Georgios IACOVOU,

                           —

                           Mr Michalis EVTHYMIOU, President of the Community Council of Koili, replacing Mr Spyros ELENODOROU,

               (b)

               as alternate members:

                           —

                           Mr Andreas MOISEOS, Mayor of Larnaca, replacing Mrs Barbara PERICLEOUS,

                           —

                           Mr Costas HADJIKAKOU, Municipal Councillor of Famagusta, replacing Mr Christakis VIOLARIS,

                           —

                           Mr Ioannis LAZARIDES, President of the Community Council of Psimolofou, replacing Mr Dimitris MICHAEL,

                           —

                           Mr Aris CONSTANTINOU, President of the Community Council of Astromeritis, replacing Mr Nikos KALLIS.

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

      Done at Brussels, 16 July 2007.

            For the Council

            The President

         J. SILVA

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/198

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2007
   (2009/681/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2007, together with the Agency’s replies (2),

               —

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

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (4), and in particular Article 21 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0176/2009),

               1.

               Grants the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2007;

               2.

               Sets out its observations in the Resolution below;

               3.

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

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

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

      (2)  OJ C 311, 5.12.2008, p. 7.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 53, 22.2.2007, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of the Decision on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2007
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2007, together with the Agency’s replies (2),

               —

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

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (4), and in particular Article 21 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0176/2009),

               A.

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

               B.

               whereas on 22 April 2008 Parliament granted the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2006 (6),

               1.

               Notes that Regulation (EC) No 168/2007 established the European Agency for Fundamental Rights, which succeeded the European Monitoring Centre on Racism and Xenophobia (EUMC) and extended its mandate with effect from 1 March 2007;

               2.

               Recalls that the Agency should strive for synergies and avoid overlaps with other institutions active in the field of human rights, in particular the Council of Europe, as requested in Parliament’s Resolution of 14 January 2009 (7);

               3.

               Regrets that the deadline for Parliament’s discharge decision in Article 21(10) of Regulation (EC) No 168/2007 was set at 30 April of year n + 2 and not harmonised with the new deadline of 15 May of year n + 2 provided for in the amended Regulation (EC, Euratom) No 2343/2002 as amended (8);

               4.

               Notes from the Agency’s report on budgetary and financial management 2007 that it started using ABAC (accrual based accounting) in August 2007;

               5.

               Welcomes the ECA’s observations that, despite the transition from the EUMC to the Agency and the considerable increase in the budget (EUR 14 200 000 as compared to EUR 9 300 000 allocated to EUMC in the previous year), almost all appropriations were committed (EUR 13 900 000) in 2007;

               6.

               Notes that OLAF has opened an investigation concerning the Agency; calls on the Agency and on the Director in particular to fully cooperate with OLAF; requests that OLAF, the Agency and the Commission inform the discharge authority of the results of the investigation and possible follow-up measures as soon as possible;

         Weaknesses in budget implementation due to the transition from EUMC to FRA

               7.

               Notes the ECA’s finding that, however, EUR 7 500 000 had to be carried over due to the extension of the Agency’s mandate in 2007, which triggered a delay in the adoption of the new work programme, the appointment of the new Director and the implementation of its activities;

               8.

               Encourages the Agency to make up for the delays and minimise cancellations of appropriations carried over, as promised in its answers to the ECA, and to report on progress made in its report on budgetary and financial management 2008;

               9.

               Notes that the ECA also found that the Agency, through amendments to its budgets and various transfers, decreased staff expenditure budget lines by EUR 798 000, thus avoiding cancellations of unused appropriations for staff expenditure;

               10.

               Acknowledges the Agency’s reply that the amendments to the budget and the transfers were closely linked to the transition and, thus, exceptional;

         Weaknesses in procurement procedures

               11.

               Notes the ECA’s finding with regard to one procurement procedure that the published evaluation method indirectly decreased the relative importance of the price criterion, which may have deterred some potential bidders and was not in line with the principle of sound financial management;

               12.

               Accepts the Agency’s reply that, although the method it used was in compliance with the Financial Regulation, it will introduce a new evaluation method proposed by the Commission in order to obtain best value for money;

         Follow-up to previous discharge exercises

               13.

               Recalls that for the 2004 financial year, the ECA issued a qualified statement of assurance for the EUMC due to weaknesses in procurement procedures, and that for the 2005 and 2006 financial years the ECA also made critical observations concerning procurement procedures;

               14.

               Requests the Agency therefore to pay particular attention to the legality of its procurement procedures;

               15.

               Refers for other observations accompanying its Decision on discharge which are of a horizontal nature to its Resolution of 23 April 2009 on financial management and control of EU agencies (9).

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

      (2)  OJ C 311, 5.12.2008, p. 7.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 53, 22.2.2007, p. 1.

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

      (6)  OJ L 88, 31.3.2009, p. 142.

      (7)  Texts adopted, P6_TA(2009)0019.

      (8)  Regulation amended by Commission Regulation (EC, Euratom) No 652/2008 (OJ L 181, 10.7.2008, p. 23).

      (9)  See page 206 of this Official Journal.


European Parliament decision on the restructuring of Parliament's Rules of Procedure in the light of its decision of 12 June 2002 and the minor changes which have become necessary since then (2003/2233(REG))


title: Commission Decision of 14 January 2013 on nominating three public policy members of the Supervisory Board of the European Financial Reporting Advisory Group

text:
               9.2.2013

               EN

               Official Journal of the European Union

               C 37/28

         COMMISSION DECISION
   of 14 January 2013
   on nominating three public policy members of the Supervisory Board of the European Financial Reporting Advisory Group
   2013/C 37/06
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               In accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), an accounting technical committee should provide support and expertise to the Commission in the assessment of international accounting standards. The role of that accounting technical committee is fulfilled by the European Financial Reporting Advisory Group (EFRAG).

               (2)

               EFRAG was founded in 2001 by European organisations representing issuers, investors and the accountancy profession involved in the financial reporting process.

               (3)

               EFRAG's Supervisory Board includes four public policy members specifically selected on the basis of their experience in public policy making at either national or European level. In accordance with Section 3.2 of Appendix 1 to the EFRAG Statutes effective from 11 June 2009, it is for the Commission to nominate those public policy members. EFRAG's Supervisory Board members are appointed by EFRAG's General Assembly.

               (4)

               In its Communication of 26 February 2010, the Commission empowered the Member of the Commission with responsibility for the internal market and services to adopt, on its behalf and under its responsibility, measures nominating public policy members of the european financial reporting Advisory Group's (EFRAG) Supervisory Board for an entire mandate in the framework of implementing Regulation (EC) No 1606/2002 (2).

               (5)

               After a public call for applications (3), the Commission has selected three candidates to be nominated as public policy members of EFRAG's Supervisory Board,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Commission hereby nominates the following persons to be appointed as public policy members of the Supervisory Board of the European Financial Reporting Advisory Group:

               Carlo BIANCHERI

               Adriana DUȚESCU

               Carlos SORIA SENDRA

      Done at Brussels, 14 January 2013.

            For the Commission

         Michel BARNIER

            Member of the Commission

      (1)  OJ L 243, 11.9.2002, p. 1.

      (2)  SEC(2010) 229; PV(2010)1907 final of 3 March 2010, point 14.5.

      (3)  OJ C 93, 30.3.2012, p. 32.


Avis juridique important

|

32003D0877

2003/877/EC,Euratom: Council Decision of 8 December 2003 on the accession of Canada to the Agreement establishing an International Science and Technology Centre between the United States of America, Japan, the Russian Federation and, acting as one Party, the European Atomic Energy Community and the European Economic Community

Official Journal L 327 , 16/12/2003 P. 0033 - 0033

Council Decisionof 8 December 2003on the accession of Canada to the Agreement establishing an International Science and Technology Centre between the United States of America, Japan, the Russian Federation and, acting as one Party, the European Atomic Energy Community and the European Economic Community(2003/877/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Treaty establishing the European Atomic Energy Community,Having regard to Council Regulation (EEC) No 3955/92 of 21 December 1992 concerning the conclusion, on behalf of the European Economic Community of an Agreement establishing an International Science and Technology Centre between the United States of America, Japan, the Russian Federation and, acting as one Party, the European Atomic Energy Community and the European Economic Community(1), and in particular Article 3(1), (3) and (4) thereof,Having regard to the communication from the Commission,Whereas:(1) The European Atomic Energy Community and the European Economic Community, acting as one Party (hereinafter "the Communities") concluded on 21 December 1992 the Agreement establishing between them and the United States of America, Japan and the Russian Federation an International Science and Technology Centre (hereinafter "the Agreement").(2) On 28 March 2003 Canada notified the Governing Board of the International Science and Technology Centre (hereinafter "the Board of the Centre") of its intention to become a party to the Agreement. In accordance with Article XIII of the Agreement, it is the responsibility of the Board of the Centre to approve this accession.(3) The Communities are represented on the Board of the Centre by the Presidency of the Council and by the Commission. The position of the Communities with regard to questions arising under Article XIII of the Agreement is adopted by the Council and expressed, as a general rule, by the Presidency,HAS DECIDED AS FOLLOWS:Article 1The accession of Canada to the Agreement establishing an International Science and Technology Centre between the United States of America, Japan, the Russian Federation and, acting as one Party, the European Atomic Energy Community and the European Economic Community, is hereby approved on behalf of the Communities.Article 2The Presidency of the Council shall express within the Board of the Centre the approval of the Communities to the accession of Canada to the Agreement.Done at Brussels, 8 December 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 409, 31.12.1992, p. 1.


Avis juridique important

|

E1996C0227

EFTA SURVEILLANCE AUTHORITY DECISION No 227/96/COL of 4 December 1996 replacing Decision No 66/94/COL laying down the methods for control for maintaining the officially brucellosis-free status of bovine herds in certain EFTA States, in so far as the Decision concerns Norway

Official Journal L 078 , 20/03/1997 P. 0052 - 0053

EFTA SURVEILLANCE AUTHORITY DECISION No 227/96/COL of 4 December 1996 replacing Decision No 66/94/COL laying down the methods for control for maintaining the officially brucellosis-free status of bovine herds in certain EFTA States, in so far as the Decision concerns Norway THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, and in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 1 of Chapter I of Annex I to the Agreement on the European Economic Area on animal health problems affecting intra-Community trade in bovine animals and swine (Council Directive 64/432/EEC; hereinafter referred to as 'the Cattle and Swine Act`), and in particular Article 3 (13) thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (e) thereof,Whereas Norway, by EFTA Surveillance Authority Decision No 66/94/COL (1) was granted brucellosis-free status of bovine herds, provided certain conditions were met;Whereas this Decision comprises, in addition to the brucellosis-free status thus granted to Norway, similar status granted to Finland and Sweden;Whereas the Norwegian Government, while confirming that the material situation justifying Decision No 66/94/COL is unchanged, has requested that the Decision, in so far as it concerns the status as being brucellosis-free granted to Norway, be replaced by a new decision, covering only the brucellosis-free status granted to Norway, alleging this to be necessary for the solution foreseen in ongoing negotiations with the European Union in the veterinary field;Whereas such a new Decision would not in any way alter the material situation compared to what applies by virtue of Decision No 66/94/COL;Whereas there is accordingly no obstacle in granting the request made by the Norwegian Government;Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,HAS ADOPTED THIS DECISION:1. Decision No 66/94/COL laying down the methods for control for maintaining the officially brucellosis-free status of bovine herds in certain EFTA States shall be replaced by the text in the Annex hereto, in so far as the Decision concerns Norway.2. This Decision shall enter into force on 9 December 1996.3. This Decision is addressed to Norway.4. This Decision shall be authentic in the English language.Done at Brussels, 4 December 1996.For the EFTA Surveillance AuthorityBjörn FRIÐFINNSSONCollege Member(1) OJ No L 247, 22. 9. 1994, p. 39.ANNEX '1. By way of derogation from Annex A (II) (A) (1) (c) (ii) to the Cattle and Swine Act, the EFTA States or regions thereof referred to in the Annex to this Decision may maintain the officially brucellosis-free status of bovine herds if the following conditions are met:- every bovine animal suspected of being infected with brucellosis must be notified to the competent authorities and must undergo official investigations for brucellosis including at least two serological blood tests including complement fixation tests as well as microbiological examination of appropriate samples taken in the case of an abortion,- during the period of suspicion which will continue until negative results have been obtained from the tests provided for in the first indent, the officially brucellosis-free status shall be suspended in the case of the herd, in which the suspected bovine animal(s) were found.ANNEXRegions which may maintain their brucellosis-free status based on Article 3 (13) of the Cattle and Swine ActNorway: All regions`


title: 2012/58/EU: Council Decision of 23 January 2012 on the launch of automated data exchange with regard to DNA data in the Czech Republic

text:
               2.2.2012

               EN

               Official Journal of the European Union

               L 30/15

         COUNCIL DECISION
   of 23 January 2012
   on the launch of automated data exchange with regard to DNA data in the Czech Republic
   (2012/58/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 2(3) and Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 thereof and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed 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, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               The Czech Republic has informed the General Secretariat of the Council of the national DNA analysis files to which Articles 2 to 6 of Decision 2008/615/JHA apply and the conditions for automated searching as referred to in Article 3(1) of that Decision in accordance with Article 36(2) of that Decision.

               (5)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (6)

               The Czech Republic has completed the questionnaire on data protection and the questionnaire on DNA data exchange.

               (7)

               A successful pilot run has been carried out by the Czech Republic with Slovakia.

               (8)

               An evaluation visit has taken place in the Czech Republic and a report on the evaluation visit has been produced by the Slovakian evaluation team and forwarded to the relevant Council Working Group.

               (9)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning DNA data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching and comparison of DNA data, the Czech Republic has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Articles 3 and 4 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 23 January 2012.

            For the Council

            The President

         M. GJERSKOV

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.