title: 2012/799/EU: Decision of the European Parliament of 23 October 2012 on the discharge for implementation of the European Union general budget for the financial year 2010, Section II — Council

text:
               20.12.2012

               EN

               Official Journal of the European Union

               L 350/69

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 October 2012
   on the discharge for implementation of the European Union general budget for the financial year 2010, Section II — Council
   (2012/799/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2010 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011)473 — C7-0258/2011) (2),

               —

               having regard to the Council’s annual report to the discharge authority on internal audits carried out in 2010,

               —

               having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2010, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors for the financial year 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to its decision of 10 May 2012 (5) postponing its decision on granting discharge for the financial year 2010, and the accompanying resolution,

               —

               having regard to Article 314(10) and Articles 317, 318 and 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 (6), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Decision No 31/2008 of the Secretary-General of the Council/High Representative for the Common Foreign and Security Policy concerning reimbursement of travel expenses of delegates of Council Members (7),

               —

               having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (8),

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the second report of the Committee on Budgetary Control (A7-0301/2012),

               1.

               Refuses to grant the Council’s Secretary-General discharge for implementation of the Council budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part thereof to the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 64, 12.3.2010.

      (2)  OJ C 332, 14.11.2011, p. 1.

      (3)  OJ C 326, 10.11.2011, p. 1.

      (4)  OJ C 332, 14.11.2011, p. 134.

      (5)  OJ L 286, 17.10.2012, p. 22.

      (6)  OJ L 248, 16.9.2002, p. 1.

      (7)  Decision stemming from the Rules of Procedure of the Council of 22 July 2002 (OJ L 230, 28.8.2002, p. 7).

      (8)  OJ C 139, 14.6.2006, p. 1.
    ---documentbreak---

               20.12.2012

               EN

               Official Journal of the European Union

               L 350/71

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 October 2012
   with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section II — Council
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2010 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011)473 — C7-0258/2011) (2),

               —

               having regard to the Council’s annual report to the discharge authority on internal audits carried out in 2010,

               —

               having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2010, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors for the financial year 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to its decision of 10 May 2012 (5) postponing its decision on granting discharge for the financial year 2010, and the accompanying resolution,

               —

               having regard to Article 314(10) and Articles 317, 318 and 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 (6), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Decision No 31/2008 of the Secretary-General of the Council/High Representative for the Common Foreign and Security Policy concerning reimbursement of travel expenses of delegates of Council Members (7),

               —

               having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (8),

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the second report of the Committee on Budgetary Control (A7-0301/2012),

               A.

               whereas ‘citizens have the right to know how their taxes are being spent and how the power entrusted to political bodies is handled’ (9),

               B.

               whereas the Council, as an institution of the Union, should be subject to democratic accountability towards Union citizens as far as the implementation of Union funds is concerned,

               C.

               whereas Parliament is the sole directly elected body among the Union institutions and has responsibility to grant discharge in respect of the implementation of the general budget of the European Union,

               1.

               Highlights the role that the Treaty on the Functioning of the European Union gives Parliament in respect of budget discharge;

               2.

               Points out that, under Article 335 of the Treaty on the Functioning of the European Union, ‘the Union shall be represented by each of the institutions, by virtue of their administrative autonomy, in matters relating to their respective operation’, and that accordingly, taking into account Article 50 of the Financial Regulation, the institutions are individually responsible for the implementation of their budgets;

               3.

               Notes that, under Rule 77 of its Rules of Procedure, ‘[the] provisions governing the procedure for granting discharge to the Commission in respect of the implementation of the budget shall likewise apply to the procedure for granting discharge to: […]

                           —

                           the persons responsible for the implementation of the budgets of other institutions and bodies of the European Union such as the Council (in its executive capacity), the Court of Justice of the European Union, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions’;

      Opinion of the Court of Auditors on the Council in its statement of assurance for 2010

               4.

               Underlines that in its 2010 annual report, the Court of Auditors criticised the financing of the Residence Palace building project because of the advance payments made (paragraph 7.19); notes that the Court of Auditors made the observation that during the period 2008-10 advance payments made by the Council totalled EUR 235 000 000; notes that the amounts paid came from under-utilised budget lines; points out that ‘under-utilised’ is the politically correct term for ‘over-budgeted’; underlines that in 2010 the Council increased the budget line ‘Acquisition of immovable property’ by EUR 40 000 000;

               5.

               Notes the Council’s explanation concerning the fact that the appropriations were made available by budget transfers authorised by the budget authority in accordance with the procedures laid down in Articles 22 and 24 of the Financial Regulation;

               6.

               Shares the Court of Auditors’ view that such a procedure does not comply with the principle of budget accuracy, despite the savings made in paying rent;

               7.

               Notes the Council’s reply that the amounts for the budget lines for interpretation and delegations’ travel expenses should be more in line with real consumption and calls for a better budgetary planning in order to avoid current practices in the future;

               8.

               Reminds the Court of Auditors of Parliament’s request to carry out an in-depth assessment of supervisory and control systems in the Council, similar to the assessments it carried out in relation to the Court of Justice, the European Ombudsman and the European Data Protection Supervisor in the course of preparation of the Court of Auditors’ annual report concerning the financial year 2010;

               9.

               Reiterates that an efficient supervision over the budgetary implementation process is a matter of high responsibility and its fulfilment depends entirely on an unhindered interinstitutional cooperation between the Council and Parliament;

      Pending issues

               10.

               Regrets the continual difficulties encountered with the Council in the discharge procedures for the 2007, 2008 and 2009 financial years in terms of an open and formal dialogue with the Committee on Budgetary Control and responses to the Committee’s questions; points out that Parliament refused to grant the Secretary-General of the Council discharge for implementation of the Council budget for the financial year 2009 for the reasons set out in its resolutions of 10 May 2011 (10) and 25 October 2011 (11);

               11.

               Acknowledges receipt of a series of documents for the 2010 discharge procedure (final financial statements for 2010, including the accounts, the financial activity report and the summary of the 2010 internal audits); is still waiting to receive all the necessary documents for discharge (in particular those relating to the complete internal audit carried out in 2010);

               12.

               Points out that, on 31 January 2012, the Chair of the Committee on Budgetary Control sent a letter (12) to the Presidency-in-Office of the Council requesting that the Council respond to the questions attached to the letter as part of the discharge procedure;

               13.

               Notes that, in its resolution with observations forming an integral part of the abovementioned decision of 10 May 2012 on the discharge for implementation of the general budget of the European Union for the financial year 2010, Section II — Council, Parliament asked 26 supplementary questions linked to the discharge procedure;

               14.

               Regrets that the Council refuses to answer these questions;

               15.

               Regrets, too, that the Council did not accept Parliament’s invitation to a meeting where the Committee on Budgetary Control debated the 2010 discharge for the Council;

               16.

               Deplores the fact that the attitude of the Council obstructs democratic control as well as transparency and accountability vis-à-vis Union taxpayers;

               17.

               Welcomes, however, the fact that the Presidency-in-Office of the Council accepted Parliament’s invitation to the debate held in plenary on 10 May 2012 on the 2010 discharge reports; shares the Presidency’s opinion that it would be desirable for Parliament and the Council to reach an agreement as soon as possible on the way in which discharge is prepared;

               18.

               Thanks the Danish Presidency for its constructive input throughout the 2010 discharge procedure; regrets, however, that the Danish Presidency has not been able to uphold the achievements of the Spanish and Swedish presidencies;

      The right of Parliament to grant discharge

               19.

               Emphasises the right of Parliament to grant discharge in accordance with Articles 316, 317 and 319 of the Treaty on the Functioning of the European Union, which must be interpreted in the light of their context and their purpose, which is to submit the implementation of the entire budget of the European Union to parliamentary control and scrutiny without exception, and to grant discharge autonomously, not only in respect of the section of the budget implemented by the Commission, but also in respect of the sections of the budget implemented by the other institutions, as referred to in Article 1 of the Financial Regulation;

               20.

               Notes that the Commission, in its reply of 25 November 2011 to the letter from the Chair of the Committee on Budgetary Control, says it is desirable for Parliament to continue to give, postpone or refuse discharge to the other institutions as has been the case up until now, which make it even harder to understand the Council’s extraordinary position;

               21.

               Is of the opinion that, in any event, an assessment must be carried out of the Council’s management as an institution of the Union during the financial year under examination, thereby upholding Parliament’s prerogatives, in particular the assurance of democratic accountability towards Union citizens;

               22.

               Notes that the expenditure of the Council must be scrutinised in the same way as that of other institutions, and is of the opinion that the fundamental elements of such scrutiny should include in particular:

                           (a)

                           an official meeting on the basis of a written questionnaire between representatives of the Council and of Parliament’s committee responsible for the discharge procedure, in order to answer committee members’ questions;

                           (b)

                           in line with its resolution of 16 June 2010 (13) on the discharge procedure in respect of the Council for the financial year 2008, the discharge is based on the following written documents submitted by the various institutions:

                                       —

                                       accounts of the preceding financial year relating to the implementation of their budgets,

                                       —

                                       a financial statement of their assets and liabilities,

                                       —

                                       the annual activity report on their budgetary and financial management,

                                       —

                                       the annual report of their internal auditor,

                                       —

                                       the publication of the internal budget decisions of the Council;

               23.

               Deplores that, during negotiations on a revised Financial Regulation, no agreement could be reached on ways in which the discharge procedure could be improved;

               24.

               Welcomes the organisation by the Committee on Budgetary Control of a seminar on the different roles played by Parliament and the Council in the discharge procedure, which could cover, among others, the following points:

                           —

                           Article 13(2) of the Treaty on European Union calls on the institutions to practice mutual sincere cooperation,

                           —

                           Article 319 of the Treaty on the Functioning of the European Union defines the role of the Council and the European Parliament in the discharge procedure:

                                       (i)

                                       the role of the Council is to issue a recommendation to the European Parliament on granting discharge to all the institutions and bodies of the European Union,

                                       (ii)

                                       the role of the European Parliament is to take a decision on discharge in respect of all the institutions and bodies of the European Union,

                           —

                           the administrative autonomy enjoyed by each of the Union’s institutions as regards its own functioning,

                           —

                           the articles of the Financial Regulation relating to discharge (Articles 145 to 147),

                           —

                           the fundamental democratic principles of transparency and accountability,

                           —

                           the objective of increasing the effectiveness, efficiency and economy of budgetary implementation,

                           —

                           in order for Parliament and the Council to be able to carry out their respective roles, the Treaty on the Functioning of the European Union and the Financial Regulation state that a certain number of documents must be made available to the discharge authority:

                                       (i)

                                       the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, including the statement of assurance, and any other special reports by the Court of Auditors,

                                       (ii)

                                       an Annual Activity Report based on the results achieved, in particular in relation to the indications given by Parliament and the Council pursuant to Article 319 of the Treaty on the Functioning of the European Union,

                                       (iii)

                                       accounts of the preceding financial year relating to the implementation of the budget,

                                       (iv)

                                       a financial statement of assets and liabilities,

                                       (v)

                                       the annual activity report on budgetary and financial management,

                                       (vi)

                                       a report summarising the number and type of internal audits carried out, the recommendations made and the follow-up given to these recommendations,

                           —

                           the Council should submit to Parliament, as the authority responsible for taking a decision on discharge, all information requested by the latter in respect of discharge,

                           —

                           the Council responds in writing to Parliament’s questions about discharge,

                           —

                           all European Union institutions and bodies must be treated equally when the Council drafts its recommendation on discharge,

                           —

                           before the end of January 2013, a meeting will be organised between Parliament and the Council on issues relating to discharge, covering the abovementioned points,

                           —

                           the Presidency-in-Office of the Council should actively attend the presentation of the annual report of the Court of Auditors and Parliament’s debate in plenary on the discharge.

      (1)  OJ L 64, 12.3.2010.

      (2)  OJ C 332, 14.11.2011, p. 1.

      (3)  OJ C 326, 10.11.2011, p. 1.

      (4)  OJ C 332, 14.11.2011, p. 134.

      (5)  OJ L 286, 17.10.2012, p. 22.

      (6)  OJ L 248, 16.9.2002, p. 1.

      (7)  Decision stemming from the Rules of Procedure of the Council of 22 July 2002 (OJ L 230, 28.8.2002, p. 7).

      (8)  OJ C 139, 14.6.2006, p. 1.

      (9)  The European Transparency Initiative.

      (10)  OJ L 250, 27.9.2011, p. 25.

      (11)  OJ L 313, 26.11.2011, p. 13.

      (12)  Letter No 301653 of 31 January 2012.

      (13)  OJ L 252, 25.9.2010, p. 24.


title: 2006/336/EC: Commission Decision of  10 May 2006  amending Decision 2005/380/EC establishing a group of non-governmental experts on corporate governance and company law

text:
               11.5.2006

               EN

               Official Journal of the European Union

               L 124/29

      COMMISSION DECISION

   of 10 May 2006
   amending Decision 2005/380/EC establishing a group of non-governmental experts on corporate governance and company law
   (2006/336/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Commission Decision 2005/380/EC of 28 April 2005 establishing a group of non-governmental experts on corporate governance and company law (1), and in particular Articles 3 and 4 thereof,
   Whereas:
   A member of the group has resigned during his period of appointment. Therefore, the Commission should appoint a new member of the group,
   HAS ADOPTED THIS DECISION:
   Article 1
   Mr. Lajos Váradi is appointed member of the group of non-governmental experts on corporate governance and company law, as a replacement for Mr. Józef Okolski.
   Article 2
   This Decision shall apply until 27 April 2008.

      Done at Brussels, 10 May 2006.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  OJ L 126, 19.5.2005, p. 40.


title: Council Decision (CFSP) 2017/1087 of 19 June 2017 amending Decision 2014/386/CFSP concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol

text:
               20.6.2017

               EN

               Official Journal of the European Union

               L 156/24

         COUNCIL DECISION (CFSP) 2017/1087
   of 19 June 2017
   amending Decision 2014/386/CFSP concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 23 June 2014, the Council adopted Decision 2014/386/CFSP (1).

               (2)

               The Council does not recognise and continues to condemn the illegal annexation of Crimea and Sevastopol by the Russian Federation and will remain committed to fully implement its non-recognition policy.

               (3)

               On the basis of a review of Decision 2014/386/CFSP, the restrictive measures should be renewed until 23 June 2018.

               (4)

               Decision 2014/386/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The second paragraph of Article 5 of Decision 2014/386/CFSP is replaced by the following:

      ‘This Decision shall apply until 23 June 2018.’.

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

      Done at Brussels, 19 June 2017.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2014/386/CFSP of 23 June 2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol (OJ L 183, 24.6.2014, p. 70).


title: 2007/42/EC: Decision of the European Central Bank of 15 December 2006 on the national central banks' percentage shares in the key for subscription to the European Central Bank's capital ( ECB/2006/21 )

text:
               31.1.2007

               EN

               Official Journal of the European Union

               L 24/1

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 15 December 2006
   on the national central banks' percentage shares in the key for subscription to the European Central Bank's capital
   (ECB/2006/21)
   (2007/42/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 29.4 and Article 49.3 thereof,
   Having regard to the contribution of the General Council of the European Central Bank (ECB) in accordance with the fourth indent of Article 47.2 of the Statute,
   Whereas:

               (1)

               Decision ECB/2004/5 of 22 April 2004 on the national central banks' percentage shares in the key for subscription to the European Central Bank's capital (1) laid down with effect from 1 May 2004 the weightings assigned to those national central banks (NCBs) that were members of the European System of Central Banks (ESCB) on 1 May 2004 in the key for subscription to the ECB's capital (hereinafter the ‘capital key weightings’ and the ‘capital key’ respectively).

               (2)

               In view of the accession of Bulgaria and Romania to the European Union and their respective NCBs joining the ESCB on 1 January 2007, the ECB's subscribed capital should automatically be increased pursuant to Article 49.3 of the Statute. This increase requires the calculation of the capital key weighting of each NCB that will be a member of the ESCB on 1 January 2007 by analogy with Article 29.1 and in compliance with Article 29.2 of the Statute. The ECB's expanded capital key and each NCB's capital key weighting will apply with effect from 1 January 2007. Decision ECB/2004/5 should therefore be repealed and replaced by a new decision which reflects the updated position.

               (3)

               In accordance with Council Decision 2003/517/EC of 15 July 2003 on the statistical data to be used for the adjustment of the key for subscription to the capital of the European Central Bank (2), the European Commission has provided the ECB with the statistical data to be used in determining the expanded capital key.

               (4)

               In view of Articles 3.5 and 6.6 of the Rules of Procedure of the General Council of the European Central Bank, and in view of the General Council's contribution to this Decision, the Governors of the Bulgarian National Bank and Banca Naţională a României have had the opportunity to submit observations regarding this Decision prior to its adoption,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Rounding
   Where the European Commission provides revised statistical data to be used in expanding the capital key and the figures do not total 100 %, the difference shall be compensated for: (i) if the total is below 100 %, by adding 0,0001 of a percentage point to the smallest share(s) in ascending order until exactly 100 % is reached; or (ii) if the total is above 100 %, by subtracting 0,0001 of a percentage point in descending order from the largest share(s) until exactly 100 % is reached.
   Article 2
   Capital key weightings
   The weighting assigned to each NCB in the capital key described in Article 29 of the Statute shall be as follows with effect from 1 January 2007:

                           —

                           Nationale Bank van België/Banque Nationale de Belgique

               2,4708 %

                           —

                           Bulgarian National Bank

               0,8833 %

                           —

                           Česká národní banka

               1,3880 %

                           —

                           Danmarks Nationalbank

               1,5138 %

                           —

                           Deutsche Bundesbank

               20,5211 %

                           —

                           Eesti Pank

               0,1703 %

                           —

                           Bank of Greece

               1,8168 %

                           —

                           Banco de España

               7,5498 %

                           —

                           Banque de France

               14,3875 %

                           —

                           Central Bank and Financial Services Authority of Ireland

               0,8885 %

                           —

                           Banca d'Italia

               12,5297 %

                           —

                           Central Bank of Cyprus

               0,1249 %

                           —

                           Latvijas Banka

               0,2813 %

                           —

                           Lietuvos bankas

               0,4178 %

                           —

                           Banque centrale du Luxembourg

               0,1575 %

                           —

                           Magyar Nemzeti Bank

               1,3141 %

                           —

                           Central Bank of Malta

               0,0622 %

                           —

                           De Nederlandsche Bank

               3,8937 %

                           —

                           Oesterreichische Nationalbank

               2,0159 %

                           —

                           Narodowy Bank Polski

               4,8748 %

                           —

                           Banco de Portugal

               1,7137 %

                           —

                           Banca Naţională a României

               2,5188 %

                           —

                           Banka Slovenije

               0,3194 %

                           —

                           Národná banka Slovenska

               0,6765 %

                           —

                           Suomen Pankki

               1,2448 %

                           —

                           Sveriges Riksbank

               2,3313 %

                           —

                           Bank of England

               13,9337 %

         Article 3
   Final provisions
   1.   This Decision shall enter into force on 1 January 2007.
   2.   Decision ECB/2004/5 is hereby repealed with effect from 1 January 2007.
   3.   References to Decision ECB/2004/5 shall be construed as being made to this Decision.

      Done at Frankfurt am Main, 15 December 2006.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 205, 9.6.2004, p. 5.

      (2)  OJ L 181, 19.7.2003, p. 43.


Avis juridique important

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32003D0119

2003/119/EC: Commission Decision of 22 January 2003 amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway

Official Journal L 047 , 21/02/2003 P. 0046 - 0052

Commission Decisionof 22 January 2003amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway(2003/119/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 1972/2002(2), and in particular Article 8 thereof,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(3), as last amended by Regulation (EC) No 1973/2002(4), and in particular Article 13 thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE(1) On 31 August 1996, by means of two separate notices published in the Official Journal of the European Communities, the Commission announced the initiation of an anti-dumping proceeding(5) and an anti-subsidy proceeding(6) in respect of imports of farmed Atlantic salmon (the product concerned) originating in Norway.(2) These proceedings resulted in anti-dumping and countervailing duties being imposed in September 1997 by Council Regulations (EC) No 1890/97(7) and 1891/97(8) in order to eliminate the injurious effects of dumping and subsidisation.(3) In parallel to this, by Decision 97/634/EC(9), as last amended by Decision 2002/743/EC(10), the Commission accepted undertakings from 190 Norwegian exporters and imports of the product concerned to the Community by these companies were exempted from the said anti-dumping and countervailing duties.(4) The form of the duties was later reviewed and Regulations (EC) No 1890/97 and 1891/97 were replaced by Council Regulation (EC) No 772/1999(11), as last amended by Regulation (EC) No 1593/2002(12).B. NEW EXPORTERS, CHANGES OF NAME AND VOLUNTARY WITHDRAWAL OF AN UNDERTAKING1. New exporter(5) Since the original imposition of definitive anti-dumping and countervailing duties, certain Norwegian companies have made themselves known to the Commission, claiming to be new exporters, and requested, in accordance with Article 2 of Regulation (EC) No 772/1999 in conjunction with Article 11(4) of Regulation (EC) No 384/96 and Article 20 of Regulation (EC) No 2026/97, that the exemption to the duties be extended to them.(6) In this regard, three such exporters, Vestmar AS, Gaia Seafood AS and Polar Quality AS all demonstrated that they had not exported the product concerned to the Community during the investigation period which led to the current anti-dumping and countervailing duties.(7) The companies also showed that they are not related to any of the companies in Norway which are subject to anti-dumping and countervailing duties. In addition, they provided evidence that they had entered into irrevocable contractual obligations to export a significant amount of the product concerned to the Community.(8) The companies have offered undertakings which are identical to those previously accepted from other Norwegian companies exporting farmed Atlantic salmon originating in Norway and by doing so have agreed inter alia to respect the minimum import price levels (MIPs) laid down therein and to provide the Commission with regular and detailed information concerning their exports to the Community.(9) Since the undertakings offered by the companies concerned can be monitored by the Commission in the same way as those already in place, and they eliminate the injurious effects of dumping and subsidisation, the offers are considered acceptable. The companies have been informed of the essential facts, considerations and obligations upon which this acceptance is based.(10) Notwithstanding the fact that the anti-dumping and anti-subsidy measures are currently subject to an interim review, the names of Vestmar AS, Gaia Seafood AS and Polar Quality AS should nevertheless be added in the meantime to the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.2. Changes of name(11) One Norwegian exporter with an undertaking, Arctic Group International (UT No 1/11, TARIC additional code 8109 ) advised the Commission that the group of companies to which it belonged had been reorganised and that another company within the group was now responsible for exports of salmon to the Community. Arctic Group International therefore requested that its name be replaced by that of Arctic Group Maritime AS on the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.(12) Another Norwegian company with an undertaking, Fjord Seafood Midt-Norge AS (UT No 1/101, TARIC Additional Code 8207 ) advised the Commission that its name had changed to Fjord Seafood Norway AS. It therefore requested that its name be amended on the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC. The company also advised the Commission that a related company, Fjord Seafood Måløy AS (UT No 1/62, TARIC additional code 8304 ), had merged with it and that the undertaking offered by Fjord Seafood Måløy AS was no longer appropriate and that this name should be deleted on the above mentioned list of companies from which undertakings are accepted.(13) The Commission considers after verification that the requests are acceptable since the modifications do not entail any substantive changes which would affect the assessment of dumping or subsidisation, nor do they affect any of the considerations on which the acceptance of the undertakings was based.(14) Consequently, the names of Arctic Group International and Fjord Seafood Midt-Norge AS should be changed to Arctic Group Maritime AS and Fjord Seafood Norway AS respectively on the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC and the name of Fjord Seafood Måløy AS deleted from that list.3. Voluntary withdrawal of an undertaking(15) Another Norwegian company, Timar Seafood AS (UT No 1/180, TARIC additional code 8294 ), advised the Commission that it wished to withdraw its undertaking. Accordingly, the name of this company should be deleted from the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.C. AMENDMENT OF THE ANNEX TO DECISION 97/634/EC(16) In view of the all the above, the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC should be amended accordingly.(17) The Advisory Committee has been consulted on all of the above and has raised no objections.(18) For the sake of clarity, an updated version of the Annex to that Decision is published herewith, showing all the exporters whose undertakings are currently in force.(19) In parallel to this Decision, the Council, by Regulation (EC) No 321/2003(13) has granted an exemption from the anti-dumping and anti-subsidy duties to Vestmar AS, Gaia Seafood AS and Polar Quality AS, changed the names of Arctic Group International and Fjord Seafood Midt-Norge AS to Arctic Group Maritime AS and Fjord Seafood Norway AS respectively, withdrawn exemption from the anti-dumping and anti-subsidy duties by deleting the names of Fjord Seafood Måløy AS and Timar Seafood AS, by amending the Annex to Regulation (EC) No 772/1999,HAS DECIDED AS FOLLOWS:Article 1The undertakings offered by Vestmar AS, Gaia Seafood AS and Polar Quality AS in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway are hereby accepted.Article 2The Annex to Commission Decision 97/634/EC is replaced by the Annex hereto.Article 3This Decision shall be applicable from the day following that of its publication in the Official Journal of the European Union.Done at Brussels, 22 January 2003.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 305, 7.11.2002, p. 1.(3) OJ L 288, 21.10.1997, p. 1.(4) OJ L 305, 7.11.2002, p. 4.(5) OJ C 253, 31.8.1996, p. 18.(6) OJ C 253, 31.8.1996, p. 20.(7) OJ L 267, 30.9.1997, p. 1.(8) OJ L 267, 30.9.1997, p. 19.(9) OJ L 267, 30.9.1997, p. 81.(10) OJ L 240, 7.9.2002, p. 51.(11) OJ L 101, 16.4.1999, p. 1.(12) OJ L 240, 7.9.2002, p. 22.(13) See page 3 of this Official Journal.ANNEX"ANNEXLIST OF COMPANIES FROM WHICH UNDERTAKINGS ARE ACCEPTED>TABLE>"


title: Council Decision (CFSP) 2016/994 of 20 June 2016 repealing Common Position 2008/109/CFSP concerning restrictive measures imposed against Liberia

text:
               21.6.2016

               EN

               Official Journal of the European Union

               L 162/21

         COUNCIL DECISION (CFSP) 2016/994
   of 20 June 2016
   repealing Common Position 2008/109/CFSP concerning restrictive measures imposed against Liberia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 February 2008, the Council adopted Common Position 2008/109/CFSP (1) concerning restrictive measures against Liberia that provided for an arms embargo.

               (2)

               On 25 May 2016, the United Nations Security Council adopted UNSCR 2288 (2016) with regard to Liberia, terminating, with immediate effect, the measures on arms previously set out in paragraph 2 of UNSCR 1521 (2003) and modified by paragraphs 1 and 2 of UNSCR 1683 (2006), by paragraph 1(b) of UNSCR 1731 (2006), by paragraphs 3, 4, 5 and 6 of UNSCR 1903 (2009), by paragraph 3 of UNSCR 1961 (2010) and by paragraph 2(b) of UNSCR 2128 (2013).

               (3)

               Common Position 2008/109/CFSP should therefore be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   Common Position 2008/109/CFSP is repealed.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 20 June 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Common Position 2008/109/CFSP of 12 February 2008 concerning restrictive measures imposed against Liberia (OJ L 38, 13.2.2008, p. 26).


title: Council Decision 2012/324/CFSP of 25 June 2012 amending and extending Decision 2010/784/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)

text:
               26.6.2012

               EN

               Official Journal of the European Union

               L 165/48

         COUNCIL DECISION 2012/324/CFSP
   of 25 June 2012
   amending and extending Decision 2010/784/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 14 November 2005, the Council adopted Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian Territories (1) (EUPOL COPPS) which was last extended by Council Decision 2009/955/CFSP (2) and expired on 31 December 2010.

               (2)

               On 17 December 2010, the Council adopted Decision 2010/784/CFSP (3) continuing EUPOL COPPS as from 1 January 2011 which was last amended by Decision 2011/858/CFSP (4). Decision 2010/784/CFSP expires on 30 June 2012.

               (3)

               On 4 May 2012, the Political and Security Committee (PSC) recommended an extension of EUPOL COPPS until 30 June 2013.

               (4)

               EUPOL COPPS should be further extended from 1 July 2012 until 30 June 2013 on the basis of its current mandate.

               (5)

               It is also necessary to lay down the financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 July 2012 until 30 June 2013.

               (6)

               EUPOL COPPS will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty on European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/784/CFSP is hereby amended as follows:

               (1)

               the following subparagraph is added to Article 13(1):
               ‘The financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 July 2012 until 30 June 2013 shall be EUR 9 330 000.’;

               (2)

               in Article 16, the second paragraph is replaced by the following:
               ‘It shall expire on 30 June 2013.’.

         Article 2
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 July 2012.

      Done at Luxembourg, 25 June 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 300, 17.11.2005, p. 65.

      (2)  OJ L 330, 16.12.2009, p. 76.

      (3)  OJ L 335, 18.12.2010, p. 60.

      (4)  OJ L 338, 21.12.2011, p. 54.


title: 2009/891/EC: Council Decision of 30 November 2009 providing macro-financial assistance to Bosnia and Herzegovina

text:
               5.12.2009

               EN

               Official Journal of the European Union

               L 320/6

      COUNCIL DECISION

   of 30 November 2009
   providing macro-financial assistance to Bosnia and Herzegovina
   (2009/891/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament,
   After consulting the Economic and Financial Committee,
   Whereas:

               (1)

               Relations between Bosnia and Herzegovina and the European Union (EU) are developing within the framework of the Stabilisation and Association Process and the European Partnership; Bosnia and Herzegovina and the Commission signed on 16 June 2008 a Stabilisation and Association Agreement and the Interim Agreement on Trade and Trade related Matters.

               (2)

               The Bosnian economy has been increasingly hit by the international economic and financial crisis since the fourth quarter of 2008, with declining output and trade and falling fiscal revenues.

               (3)

               Bosnia and Herzegovina’s economic stabilisation and recovery are supported by financial assistance from the International Monetary Fund (IMF). In May 2009, the Bosnian authorities agreed with the IMF on a new disbursing programme of EUR 1,15 billion over a three-year period which was approved by the IMF Board in July 2009.

               (4)

               Bosnia and Herzegovina has requested additional Community macro-financial assistance in view of the worsening economic situation and outlook.

               (5)

               Given that, following the assumptions of the IMF, a residual financing gap remains in the balance of payments in 2010, macro-financial assistance is considered an appropriate response to Bosnia and Herzegovina’s request under the current exceptional circumstances to support economic stabilisation in conjunction with the current IMF programme. The present financial assistance is also expected to contribute to alleviate budgetary financing needs.

               (6)

               In order to ensure efficient protection of the Community’s financial interests linked to the present financial assistance, it is necessary to provide for appropriate measures by Bosnia and Herzegovina related to the prevention of, and the fight against, fraud, corruption and any other irregularities linked to this assistance, as well as for controls by the Commission and audits by the Court of Auditors.

               (7)

               The release of the Community financial assistance is without prejudice to the powers of the budgetary authority.

               (8)

               This assistance should be managed by the Commission, in consultation with the Economic and Financial Committee.

               (9)

               The Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Community shall make available to Bosnia and Herzegovina macro-financial assistance in the form of a loan facility with a maximum principal amount of EUR 100 million and a maximum average maturity of 15 years with a view to supporting Bosnia and Herzegovina’s economic stabilisation and alleviating its balance of payments and budgetary needs as identified in the current IMF programme.
   2.   To this end, the Commission is empowered to borrow on behalf of the Community the necessary resources.
   3.   The release of the Community financial assistance shall be managed by the Commission, in close cooperation with the Economic and Financial Committee, in a manner consistent with the agreements or understandings reached between the IMF and Bosnia and Herzegovina.
   4.   The Community financial assistance shall be made available for two years starting from the first day after the entry into force of the Memorandum of Understanding referred to in Article 2(1). However, if circumstances so require, the Commission, after consultation of the Economic and Financial Committee, may decide to extend the availability period by a maximum of one year.
   Article 2
   1.   The Commission is empowered to agree with the authorities of Bosnia and Herzegovina, after consulting the Economic and Financial Committee, the economic policy conditions attached to the Community macro-financial assistance, to be laid down in a Memorandum of Understanding. The conditions shall be consistent with the agreements or understandings reached between the IMF and Bosnia and Herzegovina. The detailed financial terms of the assistance shall be laid down in a Loan Agreement to be agreed between the Commission and the authorities of Bosnia and Herzegovina.
   2.   During the implementation of the Community financial assistance, the Commission shall monitor the soundness of Bosnia and Herzegovina’s financial arrangements, administrative procedures, and the internal and external control mechanisms which are relevant to such assistance.
   3.   The Commission shall verify at regular intervals that Bosnia and Herzegovina’s economic policies are in accordance with the objectives of the Community assistance and that the agreed economic policy conditions are being satisfactorily fulfilled. In doing so, the Commission shall coordinate closely with the IMF and the World Bank, and, when required, with the Economic and Financial Committee.
   Article 3
   1.   The Community financial assistance shall be made available by the Commission to Bosnia and Herzegovina in two loan instalments, subject to the conditions of paragraph 2. The size of the loan instalments will be laid down in the Memorandum of Understanding.
   2.   The Commission shall decide on the release of the instalments subject to satisfactory implementation of the economic policy conditions agreed in the Memorandum of Understanding. The disbursement of the second instalment shall not take place earlier than three months after the release of the first instalment.
   3.   The Community funds shall be paid to the Central Bank of Bosnia and Herzegovina. Subject to provisions to be spelled out in the Memorandum of Understanding, including a confirmation of residual budgetary financing needs, their counter-value in local currency may be transferred to the Treasuries of Bosnia and Herzegovina and its entities as the final beneficiaries.
   Article 4
   1.   The Community borrowing and lending operations referred to in this Decision shall be carried out in euro using the same value date and shall not involve the Community in the transformation of maturities, in any exchange or interest rate risks, or in any other commercial risk.
   2.   The Commission shall take the necessary steps, if Bosnia and Herzegovina so requests, to ensure that an early repayment clause is included in the loan terms and conditions and matched by a corresponding clause in the terms and conditions of the borrowing operations.
   3.   At the request of Bosnia and Herzegovina, and where circumstances permit an improvement of the interest rate of the loan, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount of capital outstanding at the date of the refinancing or restructuring.
   4.   All costs incurred by the Community which are related to the borrowing and lending operations under this Decision shall be borne by Bosnia and Herzegovina.
   5.   The Economic and Financial Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3.
   Article 5
   The Community financial assistance shall be implemented in accordance with the provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) and its implementing rules (2). In particular, the Memorandum of Understanding and the Loan Agreement to be agreed with the authorities of Bosnia and Herzegovina shall provide for appropriate measures by Bosnia and Herzegovina in relation to the prevention of, and the fight against, fraud, corruption and other irregularities affecting the assistance. They shall also provide for controls by the Commission, including the European Anti-Fraud Office (OLAF), with the right to perform on-the-spot checks and inspections, and for audits by the Court of Auditors, where appropriate, to be carried out on the spot.
   Article 6
   By 31 August of each year the Commission shall submit to the European Parliament and to the Council a report, including an evaluation of the implementation of this Decision in the preceding year. The report shall indicate the connection between the policy conditions as laid down in a Memorandum of Understanding pursuant to Article 2(1), Bosnia and Herzegovina’s on-going economic and fiscal performance, and the Commission’s decision to release the instalment of the assistance.
   Article 7
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  OJ L 248, 16.9.2002, p. 1.

      (2)  Commission Regulation (EC, Euratom) No 2342/2002 (OJ L 357, 31.12.2002, p. 1).


title: 2005/549/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Executive Director of the European Food Safety Authority in respect of the implementation of its budget for the financial year 2003

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/132

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge to the Executive Director of the European Food Safety Authority in respect of the implementation of its budget for the financial year 2003
   (2005/549/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the 2003 financial year together with the Authority’s replies (1),
   having regard to the Council’s recommendation of 8 March 2005 (6857/2005 — C6-0066/2005),
   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 (2) and in particular Article 185 thereof, and to Regulation (EC) No 1642/2003 of the European Parliament and of the Council of 22 July 2003 amending Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (3) and in particular Article 44 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
   having regard to Rules 70 and 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 the Environment, Public Health and Food Safety (A6-0074/2005),

               1.

               Gives discharge to the Executive Director of the European Food Safety Authority in respect of the implementation of its budget for the financial year 2003;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Executive Director of the European Food Safety Authority, the Council, the Commission and the Court of Auditors, and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 324, 30.12.2004, p. 39.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 4.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments accompanying the decision on the discharge to the Executive Director of the European Food Safety Authority in respect of the implementation of its budget for the financial year 2003
      THE EUROPEAN PARLIAMENT,
      having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the 2003 financial year together with the Authority’s replies (1),
      having regard to the Council’s recommendation of 8 March 2005 (6857/2005 — C6-0066/2005),
      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 (2) and in particular Article 185 thereof, and to Regulation (EC) No 1642/2003 of the European Parliament and of the Council of 22 July 2003 amending Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (3) and in particular Article 44 thereof,
      having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
      having regard to Rules 70 and 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 the Environment, Public Health and Food Safety (A6-0074/2005),

                  A.

                  Whereas the European Court of Auditors (ECA) stated, in its abovementioned specific report, that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2003 were reliable and that the underlying transactions, taken as a whole, were legal and regular.

                  B.

                  Whereas the European Parliament, in accordance with Article 185 of the Financial Regulation, exercises for the first time its competence to give discharge to the Authority’s Director in respect of the implementation of the Authority’s budget for the financial year 2003.

                  C.

                  Whereas in inaugurating this relationship with the Authority, Parliament is satisfied that its competent committee received information from the Authority as requested and looks forward to establishing a relation of close cooperation between its competent committees and the Authority.

                  D.

                  Whereas increasing consumers’ trust in food in general is one of the main objectives of the Authority;

            1.   Notes the following figures for the accounts of European Food Safety Authority (EFSA) for the financial year 2003:
      Revenue and expenditure account for the financial year 2003

                  (in EUR 1000)

                  2003

                  Revenue

                  Commission subsidies

                  10 284

                  Other revenue

                  33

                  Total revenue (a)

                  10 317

                  Expenditure

                  Staff — Title I of the budget

                  Payments

                  3 567

                  Appropriations carried over

                  149

                  Administration — Title II of the budget

                  Payments

                  1 092

                  Appropriations carried over

                  1 189

                  Operating expediture — Title III of the budget

                  Payments

                  1 278

                  Appropriations carried over

                  2 895

                  Total expenditure (b)

                  10 171

                  Outturn for the financial year (a – b)

                  146

                  Exchange rate difference

                  0

                  Balance for the financial year

                  146

                     NB: The totals may include differences due to rounding.

                     Source: information supplied by the Authority.

            2.   Notes the observations of the ECA in relation to problems encountered as regards compliance with the Financial Regulation (for example, on the lack of segregation of duties between financial actors or on delays in systems’ validation for supplying accounting information); also notes the ECA’s findings with regard to deficiencies in the application of the rules concerning the determination of remuneration and entitlements of recruited staff;
      3.   Notes the Authority’s replies indicating the measures taken in order to comply with the Court’s observations;
      4.   Takes the view that such deficiencies largely related to the fact that the Authority was in its start-up phase; invites the Authority to take further remedial action, where appropriate, so as to fully comply with the Court’s observations;
      5.   Regrets the absence of an equality plan and expects the Authority to develop a plan shortly in order to become an equal opportunities employer; expects the Authority not only to consider equality issues at the stage of recruitment but also to work proactively and on a long-term basis to promote gender equality;
      6.   Expects EFSA to apply the same philosophy concerning the sharing of results of animal testing as is proposed in REACH, in order to avoid animal suffering;
      7.   Expects the Authority to interpret the wording ‘overriding public interest’ as set out in Articles 1(a), 4(2) and 4(3) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (5) on public access to documents in the broadest possible way when dealing with requests for information to make sure that consumers have all information possible to make their choices as consumers;
      8.   Welcomes the Authority’s commitment to communicate to key target groups but hopes to see further measures taken to develop and strengthen its strategies, especially those concerning information and communication to the citizens;
      9.   Expects the Authority to fully report on progress made in the Annual Activity Report for the financial year 2004;
      General points addressed to the Commission and the Agencies

                  10.

                  Recalls its position that while it supported the Commission’s efforts to establish a limited number of models, at least for future ‘regulatory’ agencies, it took the view that the structure of current and future agencies merited in-depth consideration at interinstitutional level; also stresses that before the Commission defines the framework conditions for the use of regulatory agencies an Interinstitutional Agreement should spell out common guidelines; this should happen before setting up a harmonised framework for the structure of the agencies;

                  11.

                  Notes the Commission’s position (6) with regard to delegating responsibility for the execution of tasks to bodies, including agencies, other than the Commission’s core administration; takes the view that this does not answer Parliament’s call for in-depth consideration at interinstitutional level of the structure of existing agencies; therefore invites the Commission to provide clarification on this point and on the future overall Interinstitutional Agreement related to the new arrangements to be set up within or in parallel with the Financial Perspective (7);

                  12.

                  Invites the Commission to organise and perform in the medium term, e.g. on a standard three-year cycle, a cross-cutting analysis of the evaluations carried out on individual Agencies in order to:

                              (a)

                              reach conclusions with regard to the coherence of Agency activity with EU policies in general and as regards the synergies existing or to be developed between the agencies and Commission departments and the avoidance of overlapping between them;

                              (b)

                              make an assessment of the broader European added value of the Agencies’ outputs in their respective area of activity and of the relevance, efficiency and effectiveness of the Agency model in implementing or contributing to EU policies;

                              (c)

                              determine and enhance the impact of the Agencies’ actions in terms of the proximity, accessibility and visibility of the EU to its citizens;

                  13.

                  Expects such an overall analysis to be available by the end of 2005 so as to cover the three-year period from the time of the introduction of the new Financial Regulation and the consequent new framework in the Agencies’ system;

                  14.

                  Invites the Agencies to participate actively in such a process and to cooperate with the Commission, providing the necessary input on matters that they feel are of substance to their functioning, role, remit and needs, as well as on any matter which could help to improve the whole discharge procedure, with a view to contributing to the success of such a process and increasing the accountability and transparency of the Agencies; invites Agencies to present such input also to its competent committees;

                  15.

                  Calls on the Commission, in parallel with this exercise, to present by the end of 2005 at the latest, proposals for changes to be made in the existing Agencies’ Constituent Acts with a view, inter alia, to optimising its relationship with the Agencies; such proposals should aim at:

                              (a)

                              increasing communication between the Commission and the Agencies;

                              (b)

                              establishing or expanding cooperation in defining needs to be covered and objectives, outputs to be produced and the strategy to achieve them, and in setting standards for monitoring and evaluation;

                              (c)

                              enhancing complementary action, better organising the necessary resources and their effective allocation to produce results, and devising a communication strategy for dissemination of those results;

                  16.

                  Emphasises that, before any decision is taken to propose the creation of a new agency, the Commission must undertake a strict evaluation of the need and added value of the function of this agency, bearing in mind existing structures, the principles of subsidiarity, budgetary austerity and the simplification of procedures;

                  17.

                  Expects the Commission to present swiftly the guidelines concerning staff policy of the Agencies that Parliament had requested the Commission to present before the end of the 2005 budgetary procedure;

            General points addressed to the Agencies

                  18.

                  Expects to receive from now on, from each of the Agencies, the report summarising information on the audits carried out by the Internal Auditor, the recommendations made and the action taken on these recommendations in accordance with Article 72(5) of Regulation (EC, Euratom) No 2343/2002;

                  19.

                  Invites the Agencies to make further efforts to apply correctly the staff regulations and rules applicable to other civil servants with regard to their staff (recruitment procedures and relevant decisions taken, personal files, calculation of remuneration and other entitlements, promotions policy, percentage of vacant posts, quotas for respecting gender equality, etc.);

                  20.

                  Notes that, in general, the respective percentage of male and female employees in the overall staff composition of the Agencies shows that an imbalance between men and women exists; regrets that men make up about one third of staff and are over-represented in high grade positions while women are generally over-represented in low grade positions; expects the Agencies to take immediate and effective measures to correct this situation;

                  21.

                  Calls on the Agencies to ensure that all the relevant provisions of Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (8) are introduced in their respective staff policies;

                  22.

                  Expects the Agencies, in response to the relevant observations of the ECA, to comply fully with the budgetary principles as set out in the Financial Regulation, in particular those of unity and budgetary accuracy; calls on the Agencies that have not yet done so to fulfil the Financial Regulation’s requirements on accounting matters and to strengthen further their procedures as regards internal management and control with the aim of increasing accountability, transparency and European added value;

                  23.

                  Encourages the Agencies, especially those whose activities have points in common with the activities or missions of other Agencies, to strengthen their cooperation, thus opening up opportunities for developing synergies; invites them to formalise, where appropriate, such cooperation through specific agreements (joint declarations, memoranda of understanding, decisions on joint planning and actions/programmes presenting complementary characteristics) so as to ensure that there is no duplication of work, that each Agency’s output is clearly identified and that the result of joint efforts maximises the added value and the impact of their work; expects to be informed regularly on this issue;

                  24.

                  Calls on the Agencies to pay special attention to procedures for the award and management of contracts; invites them to take all appropriate measures as regards their administrative structures in order to strengthen their internal control procedures, channels and management; takes the view that such measures may include, where necessary or feasible, the setting-up of specialised units entrusted with the task of advising, on the basis of risk analysis, on how best to prepare contract award procedures, to ensure monitoring and to carry out follow-up, as required; on this matter, calls on the Commission and the ECA to strengthen cooperation with the Agencies;

                  25.

                  Notes the difficulties to which some Directors, in particular of the ‘newly created’ Agencies, referred with regard to the Agencies’ compliance with the calendar and deadlines for reporting as set in the Financial Regulation; invites the Agencies’ Directors, in the perspective of the forthcoming review of the Financial Regulation to be held in 2005, to inform its Committees on Budgets and Budgetary Control of the difficulties encountered so far so that these may be considered in the framework of the review; expects the Directors to make specific proposals for alternative arrangements as to deadlines that may best suit their functioning requirements while respecting the reporting obligations of the Agencies as provided for in the Financial Regulation;

                  26.

                  Notes the positive response by the Agencies’ Directors to the call by Parliament’s committee responsible for preparing discharge for the establishment of a more precise system of communication, in particular as regards the transmission by the Agencies to that committee of documents relating to the Agencies’ reporting obligations; takes the view that better organisation of such communication will strengthen its cooperation with the Agencies and enhance democratic control;

                  27.

                  Invites the Directors of the Agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

                  28.

                  Invites the Agencies to develop a comprehensive strategy of communication addressing the need to make available, in the appropriate form, the results of their work to the general public beyond the presentation of such results to the Institutions, Member States’ competent services, specialists, partners or specific beneficiaries; calls on the Agencies, in view of the development of such a strategy, to intensify their cooperation and exchange information on best practice aimed at achieving this goal; expects its competent committees to be duly informed by the Agencies, before the next discharge exercise, on the progress made in devising such a strategy in order to ensure the effective and timely monitoring of their activities;

            General points addressed to the ECA and the Agencies

                  29.

                  Welcomes the ECA’s initiative to add a table to its specific reports on the Agencies presenting summary information on the competences, governance, resources available and products/output of the particular agency; takes the view that this enhances the clarity and transparency of the work of these Community bodies, while providing a useful basis for comparison, where appropriate, with a view to helping set up the harmonised framework for the Agencies that Parliament has called for;

                  30.

                  Invites the ECA and the Agencies to strengthen their cooperation in order to enhance the procedures and technical tools to improve the sound management of all the budgetary and finance issues, with the view to establishing a methodology that prepares the ground for a positive budget discharge from the start of the process; expects to be informed regularly of the progress made and the implementation of best practices;

                  31.

                  Calls on the ECA and the Agencies to enhance transparency in the procédure contradictoire prior to the ECA’s final report, so as to avoid any contradiction or ambiguity which could jeopardise the credibility of the whole exercise; in this respect, invites the ECA and the Commission to propose a feasible way of updating information on the improvements made and/or the problems found, from the time when the ECA’s preparatory report is first discussed until the time of the decision as to whether to grant discharge, in order to offer the most accurate picture of the situation of the Agencies.

         (1)  OJ C 324, 30.12.2004, p. 39.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 245, 29.9.2003, p. 4.

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

         (5)  OJ L 145, 31.5.2001, p. 43.

         (6)  As set out in Annex 1 to the Communication from the Commission to the Council and the European Parliament ‘Building our common future, Policy challenges and Budgetary means of the Enlarged Union 2007-2013’, (COM(2004) 0101, p. 38).

         (7)  See Annex to the Commission’s report on the follow-up to 2002 discharges (COM(2004) 0648, p. 108).

         (8)  OJ L 269, 5.10.2002, p. 15.


title: 2013/682/EU: Council Decision of 19 November 2013 appointing one member of the Management Board of the European Chemicals Agency

text:
               27.11.2013

               EN

               Official Journal of the European Union

               L 316/43

         COUNCIL DECISION
   of 19 November 2013
   appointing one member of the Management Board of the European Chemicals Agency
   (2013/682/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
   Whereas:

               (1)

               Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

               (2)

               By its Decision of 17 May 2011 (2), the Council appointed 15 members of the Management Board.

               (3)

               The Romanian Government has informed the Council of its intention to replace the Romanian representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Liliana Luminița TÎRCHILĂ, of Romanian nationality, born on 1 February 1960, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Ionuț GEORGESCU for the period from 19 November 2013 to 31 May 2015.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 19 November 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 396, 30.12.2006, p. 1.

      (2)  OJ C 151, 21.5.2011, p. 1.