title: 2004/508/EC:Decision of the Administrative Board of the European Agency for Safety and Health at Work of 4 March 2004 on the implementation of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to documents of the European Parliament, of the Council and of the Commission

text:
               11.6.2004

               EN

               Official Journal of the European Union

               L 210/1

      DECISION OF THE ADMINISTRATIVE BOARD OF THE EUROPEAN AGENCY FOR SAFETY AND HEALTH AT WORK

   of 4 March 2004
   on the implementation of Regulation (EC) No 1049/2001 of the European Parliament and of the Council regarding public access to documents of the European Parliament, of the Council and of the Commission
   (2004/508/EC)
   THE ADMINISTRATIVE BOARD,
   Having regard to Council Regulation (EC) No 1654/2003 amending Regulation (EC) No 2062/94 on the creation of a European Agency for Safety and Health at Work (1),

         HAS ADOPTED THIS DECISION:
   Article 1
   Beneficiaries
   1.   The right of access concerns documents held by the Agency, that is to say, documents drawn up or received by it and in its possession.
   2.   Citizens of the Union and natural or legal persons residing or having their registered agency in a Member State shall exercise their right of access to documents of the European Agency for Safety and Health at Work (hereinafter the Agency) pursuant to Article 2(1) of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents (hereinafter Regulation (EC) No 1049/2001) in accordance with these detailed rules.
   3.   Pursuant to Article 2(2) of Regulation (EC) No 1049/2001, citizens of third countries not residing in a Member State and legal persons not having their registered Agency in one of the Member States shall enjoy the right of access to Agency documents on the same terms as the beneficiaries referred to in Article 2(1) of Regulation (EC) No 1049/2001.
   Article 2
   Applications for access
   1.   Applications for access to Agency documents which are not publicly available shall be made in written form, and shall be sent to the Agency by electronic mail (docrequest@osha.eu.int), by post (European Agency for Safety and Health at Work, Documentation, Gran Via, 33, E-48009 Bilbao) or by fax ((34) 944 79 43 83). The Agency shall answer initial and confirmatory access applications within 15 working days from the date of registration of the application. In the case of complex or bulky applications, the deadline may be extended by 15 working days. Reasons must be given for any extension of the deadline and it must be notified to the applicant beforehand.
   2.   If an application is imprecise, as referred to in Article 6(2) of Regulation (EC) No 1049/2001, the Agency shall invite the applicant to provide additional information making it possible to identify the documents requested; the deadline for reply shall run only from the time when the Agency has this information.
   3.   Any decision which is even partly negative shall state the reason for the refusal based on one of the exceptions listed in Article 4 of Regulation (EC) No 1049/2001 and shall inform the applicant of the remedies available to him/her.
   Article 3
   Treatment of initial applications
   1.   Without prejudice to Article 8 of this Decision, as soon as the application is registered, an acknowledgement of receipt shall be sent to the applicant, unless the answer can be sent by return post.
   The acknowledgement of receipt and the answer shall be sent in writing, where appropriate, by electronic means.
   2.   The applicant shall be informed of the response to his/her application by the Head of Unit concerned.
   3.   Any answer which is even partly negative shall inform the applicant of his/her right to submit, within 15 working days from receipt of the answer, a confirmatory application to the Agency to reconsider its position.
   4.   Failure by the Agency to reply within the prescribed time limit shall entitle the applicant to make a confirmatory application.
   Article 4
   Treatment of confirmatory applications
   1.   The Director of the Agency shall take the decisions refusing access relating to confirmatory applications. He/she shall inform the Administrative Board of the Agency of such actions.
   2.   The decision shall be notified to the applicant in writing, where appropriate by electronic means, and shall inform him/her of his/her right to bring an action before the Court of First Instance or to lodge a complaint with the European Ombudsman.
   Article 5
   Consultations
   1.   Where the Agency receives an application for access to a document which it holds but which originates from a third party, the Agency shall check whether one of the exceptions provided for under Article 4 of Regulation (EC) No 1049/2001 applies.
   2.   If, after that examination, the Agency considers that access to it must be refused under one of the exceptions provided for by Article 4 of Regulation (EC) No 1049/2001, the negative answer shall be sent to the applicant without consultation of the third-party author.
   3.   The Agency shall grant the application without consulting the third-party author where:

               (a)

               the document requested has already been disclosed either by its author or under Regulation (EC) No 1049/2001 or similar provisions;

               (b)

               it is obvious that the disclosure, or partial disclosure, of its contents would not affect one of the interests referred to in Article 4 of Regulation (EC) No 1049/2001.

         4.   In all other cases, the third-party author shall be consulted. In particular, if an application for access concerns a document originating from a Member State, the Agency shall consult the originating authority where:

               (a)

               the document was forwarded to the Agency before the date from which Regulation (EC) No 1049/2001 applies;

               (b)

               the Member State has requested the Agency not to disclose the document without its prior agreement, in accordance with Article 4(5) of Regulation (EC) No 1049/2001.

         5.   The third party consulted shall have a deadline for reply which shall be no shorter than five working days but must allow the Agency to abide by its own deadlines for reply. In the absence of an answer within the prescribed period, or if the third party is untraceable or not identifiable, the Agency shall decide in accordance with the rules on exceptions in Article 4 of Regulation (EC) No 1049/2001, taking into account the legitimate interests of the third party on the basis of the information at its disposal.
   6.   If the Agency intends to give access to a document against the explicit opinion of the author, it shall inform the author of its intention to disclose the document after a ten-working day period and shall draw his/her attention to the remedies available to him/her to oppose disclosure.
   Article 6
   Exercise of the right of access
   1.   Documents shall be sent by mail, fax or, if available, by e-mail. If documents are voluminous or difficult to handle, the applicant may be invited to consult the documents on the spot. This consultation shall be free.
   2.   If the document has been published, the answer shall consist of the publication references and/or the place where the document is available and where appropriate of its web address on the Agency's website www.agency.osha.eu.int.
   3.   If the volume of the documents requested exceeds twenty pages, the applicant may be charged a fee of EUR 0,10 per page plus carriage costs. The charges for other media shall be decided on a case-by-case basis but shall not exceed a reasonable amount.
   Article 7
   Measures facilitating access to the documents
   1.   In order to make citizens' rights deriving from Regulation (EC) No 1049/2001 effective, the Agency shall provide access to a register of documents. The register shall be accessible in electronic form.
   2.   The register shall contain the title of the document (in the languages in which it is available) and other useful references to identify the document.
   3.   A help page (in all official languages) shall inform the public how the document can be obtained. If the document is published, there shall be a link to the original text.
   Article 8
   Documents directly accessible to the public
   1.   This Article applies only to documents drawn up or received after the date from which Regulation (EC) No 1049/2001 applies.
   2.   The following documents shall be automatically provided on request and, as far as possible, made directly accessible by electronic means:

               (a)

               documents originating from third parties which have already been disclosed by their author or with his/her consent;

               (b)

               documents already disclosed following a previous application.

         Article 9
   Reports
   The Agency shall publish annually as part of the annual report, information concerning the implementation of this decision, in particular statistics on the number of requests for access to documents of the Agency, the number of refusals and the reasons for such refusals in accordance with Article 17(1) of Regulation (EC) No 1049/2001.
   Article 10
   Entry into force
   This decision shall enter into force on the day of its adoption and shall be published in the Official Journal of the European Union.

      Done at Bilbao, 4 March 2004.

            For the Administrative Board

            Chairperson

         Christa SCHWENG

      (1)  OJ L 245, 29.9.2003, p. 38.

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


title: Council Decision of 29 June 1978 on the Community financing of certain costs in respect of the supply of cereals as food aid to the Democratic Republic of Somalia under the 1978 programme

text:
No L 178/92                         Official Journal of the European Communities                              1 . 7. 78
                                                           II
                                       (Acts whose publication is not obligatory)
                                                   COUNCIL
                                                COUNCIL DECISION
                                                    of 29 June 1978
              on the Community financing of certain costs in respect of the supply of cereals
               as food aid to the Democratic Republic of Somalia under the 1978 programme
                                                      (78/558/EEC)
THE COUNCIL OF THE EUROPEAN                                    cated under the 1978 programme ; whereas these costs
COMMUNITIES,                                                   should therefore be borne by the Community,
Having regard to the Treaty establishing the European
Economic Community,                                            HAS DECIDED AS FOLLOWS :
Having regard to Council Regulation (EEC) No                                         Sole Article
1703/72 of 3 August 1972 amending Regulation                   Community financing shall cover the forwarding costs
(EEC) No 2052/69 on the Community financing of                 between the port of loading and the port of unloading
expenditure arising from the implementation of the             in respect of cereals supplied as food aid allocated to
Food Aid Convention of 1967 and laying down rules              the Democratic Republic of Somalia under the 1978
for the Community financing of expenditure arising             programme .
from the implementation of the Food Aid Convention
of 1971 (*), and in particular Article 8 thereof,
                                                               Done at Luxembourg, 29 June 1978 .
Having regard to the proposal from the Commission,
                                                                                For the Council
Whereas the Democratic Republic of Somalia would
have difficulty, in view of its economic and financial                                      The President
situation, in covering the forwarding costs from the
port of loading of cereals supplied as food aid allo                                         S. AUKEN
(») OJ No L 180, 8. 8. 1972, p. 1 .


title: Decision No S10 of 19 December 2013 concerning the transition from Regulations (EEC) Nos 1408/71 and 574/72 to Regulations (EC) Nos 883/2004 and 987/2009 and the application of reimbursement procedures  Text of relevance to the EEA and to the EC/Switzerland Agreement

text:
               20.5.2014

               EN

               Official Journal of the European Union

               C 152/16

         DECISION No S10
   of 19 December 2013
   concerning the transition from Regulations (EEC) Nos 1408/71 and 574/72 to Regulations (EC) Nos 883/2004 and 987/2009 and the application of reimbursement procedures
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   (2014/C 152/03)
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72 (a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 (2),
   Having regard to Articles 87 to 91 of Regulation (EC) No 883/2004,
   Having regard to Article 64(7) and Articles 93 to 97 of Regulation (EC) No 987/2009,
   Whereas:

               (1)

               Regulations (EC) Nos 883/2004 and 987/2009 entered into force on 1 May 2010 and Regulations (EEC) Nos 1408/71 and 574/72 were repealed on the same date, except for the situations governed by Article 90(1) of Regulation (EC) No 883/2004 and Article 96(1) of Regulation (EC) No 987/2009.

               (2)

               It is necessary to clarify the determination of debtor and creditor Member State in situations where benefits in kind were provided or authorised under Regulations (EEC) Nos 1408/71 and 574/72 but the reimbursements of costs for these benefits are settled after Regulations (EC) Nos 883/2004 and 987/2009 enter into force, in particular where the competence for bearing of the costs changes under the new Regulations.

               (3)

               It is necessary to clarify which procedure for reimbursement shall be applied in situations where benefits in kind were provided under Regulations (EEC) Nos 1408/71 and 574/72 but the reimbursement procedure takes place after the date of entry into force of Regulations (EC) Nos 883/2004 and 987/2009.

               (4)

               Paragraph 5 of Decision No H1 clarifies the status of certificates (E-forms) and the European Health Insurance Card (including the Provisional Replacements Certificates) issued before the date of entry into force of Regulation (EC) Nos 883/2004 and 987/2009.

               (5)

               Provisions of paragraph 4 of Decision S1 and Article 2 of Decision No S9 lay down the general principles on the responsibility for the costs of benefits provided on the basis of a valid European Health Insurance Card (EHIC) which should also apply in transitional situations.

               (6)

               Under Article 62 and 63 of Regulation (EC) No 987/2009 those Member States that are not listed in Annex 3 of Regulation (EC) No 987/2009 shall reimburse benefits in kind supplied to family members who do not reside in the same Member State as the insured person and to pensioners and members of their family on the basis of actual expenditure as from 1 May 2010.

               (7)

               The costs of benefits in kind provided under Articles 19(1), 20(1) and Article 27(1) and 27(3) of Regulation (EC) No 883/2004 shall be borne by the competent institution responsible for the costs of benefits in kind provided to family members who do not reside in the same Member State as the insured person and to pensioners and members of their family in their Member State of residence.

               (8)

               Under Article 64(7) of Regulation (EC) No 987/2009 Member States listed in Annex 3 may after 1 May 2010 continue to apply for five years Articles 94 and 95 of Regulation (EEC) No 574/72 for the calculation of the fixed amounts.

               (9)

               The Regulation (EC) No 987/2009 introduces new procedures for reimbursements of healthcare costs with the aim of speeding up the refunds between Member States and preventing a build-up of claims which remain unsettled for longer periods of time.

               (10)

            There is a need for transparency and guidance for the institutions in the situations referred above to ensure unified and coherent application of Community provisions.
         Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,
   HAS DECIDED AS FOLLOWS:
   I.   Transitional arrangements for determining the Member State responsible for bearing the cost of scheduled treatment and necessary care with regard to the change in competence under Regulation (EC) No 883/2004

               1.

               If a treatment was supplied:

                           —

                           in relation to Member States, to a person before 1 May 2010, the competence for bearing the person’s costs shall be determined in accordance with the provisions of Regulation (EEC) No 1408/71;

                           —

                           in relation to Switzerland, to a person before 1 April 2012, the competence for bearing the person’s costs shall be determined in accordance with the provisions of Regulation (EEC) No 1408/71;

                           —

                           in relation to Iceland, Liechtenstein and Norway, to a person before 1 June 2012, the competence for bearing the person’s costs shall be determined in accordance with the provisions of Regulation (EEC) No 1408/71.

               2.

               The cost of the entire treatment shall be borne by the institution which granted the authorisation to a person to go to the territory of another Member State to receive there the treatment appropriate to his/her condition (scheduled treatment) under Regulations (EEC) Nos 1408/71 and 574/72

                           —

                           if, in relation to Member States, the treatment is provided partly or entirely after 30 April 2010;

                           —

                           if, in relation to Switzerland, the treatment is provided partly or entirely after 31 March 2012

                           —

                           if, in relation to Iceland, Liechtenstein and Norway, the treatment is provided partly or entirely after 31 May 2012.

               3.

               If a treatment started to be supplied to a person under Article 22(3)(a) or Article 31(1)(a) of Regulation (EEC) No 1408/71, the costs of such treatment should be borne in accordance with provisions of these Articles even if the competence for bearing the person’s costs has changed according to the provisions of Regulation (EC) No 883/2004. Nevertheless, if the treatment continues

                           —

                           in relation to Member States, after 31 May 2010, the costs incurred after that date shall be borne by the institution competent under Regulation (EC) No 883/2004;

                           —

                           in relation to Switzerland, after 30 April 2012, the costs incurred after that date shall be borne by the institution competent under Regulation (EC) No 883/2004;

                           —

                           in relation to Iceland, Liechtenstein and Norway, after 30 June 2012, the costs incurred after that date shall be borne by the institution competent under Regulation (EC) No 883/2004.

               4.

               If a treatment was provided under Article 19(1) or 27(1) of Regulation (EC) No 883/2004

                           —

                           in relation to Member States, after 30 April 2010 on the basis of a valid EHIC issued before 1 May 2010, the claim for the reimbursement of the costs of such treatment cannot be rejected on the grounds that the competence for persons’ healthcare costs has changed according to the provisions of Regulation (EC) No 883/2004;

                           —

                           in relation to Switzerland, after 31 March 2012 on the basis of a valid EHIC issued before 1 April 2012, the claim for the reimbursement of the costs of such treatment cannot be rejected on the grounds that the competence for persons’ healthcare costs has changed according to the provisions of Regulation (EC) No 883/2004;

                           —

                           in relation to Iceland, Liechtenstein and Norway, after 31 May 2012 on the basis of a valid EHIC issued before 1 June 2012, the claim for the reimbursement of the costs of such treatment cannot be rejected on the grounds that the competence for persons’ healthcare costs has changed according to the provisions of Regulation (EC) No 883/2004.

         An institution which is obliged to refund the cost of benefits provided on the basis of an EHIC may request that the institution with which the person was rightly registered at the time of the award of the benefits shall refund the cost of those benefits to the first institution, or if the person was not entitled to use the EHIC, settle the matter with the person concerned.
   II.   Procedure for reimbursement on the basis of actual expenditure in relation to Member States

               1.

               Claims for reimbursement on the basis of actual expenditure recorded in the accounts of the creditor Member State before 1 May 2010 shall be subject to the financial provisions of Regulation (EEC) No 574/72.
               These claims shall be introduced to the liaison body of the debtor Member State no later than 31 December 2011.

               2.

               All claims for reimbursement on the basis of actual expenditure recorded in the accounts of the creditor Member State after 30 April 2010 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009.

         III.   Procedure for reimbursement on the basis of actual expenditure in relation to Switzerland

               1.

               Claims for reimbursement in relation to Switzerland on the basis of actual expenditure recorded in the accounts of the creditor State before 1 April 2012 shall be subject to the financial provisions of Regulation (EEC) No 574/72.

               2.

               All claims for reimbursement in relation to Switzerland on the basis of actual expenditure recorded in the accounts of the creditor State by 31 March 2012 shall be introduced to the liaison body of the debtor State no later than 31 December 2013.

               3.

               All claims for reimbursement in relation to Switzerland on the basis of actual expenditure recorded in the accounts of the creditor State after 31 March 2012 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009.

         IV.   Procedure for reimbursement on the basis of actual expenditure in relation to Iceland, Liechtenstein and Norway

               1.

               Claims for reimbursement in relation to Iceland, Liechtenstein and Norway on the basis of actual expenditure recorded in the accounts of the creditor State before 1 June 2012 shall be subject to the financial provisions of Regulation (EEC) No 574/72.

               2.

               All claims for reimbursement in relation to Iceland, Liechtenstein and Norway on the basis of actual expenditure recorded in the accounts of the creditor State by 31 May 2012 shall be introduced to the liaison body of the debtor State no later than 31 December 2013.

               3.

               All claims for reimbursement in relation to Iceland, Liechtenstein and Norway on the basis of actual expenditure recorded in the accounts of the creditor State after 31 May 2012 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009.

         V.   Procedure for reimbursement on the basis of fixed amounts in relation to Member States

               1.

               Average costs regarding years up to and including 2009 shall be presented to the Audit Board no later than 31 December 2011. Average costs regarding the year 2010 shall be presented to the Audit Board no later than 31 December 2012.

               2.

               All claims for reimbursement on the basis of fixed amounts published in the Official Journal of the European Union before 1 May 2010 shall be introduced no later than 1 May 2011.

               3.

               All claims for reimbursement on the basis of fixed amounts published after 30 April 2010 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009. Article 67(2) of Regulation (EC) No 987/2009 shall not be applied to inventories concerning reference years prior the entering into force of Regulation (EC) No 987/2009.

         VI.   Procedure for reimbursement on the basis of fixed amounts in relation to Switzerland

               1.

               Average costs in relation with Switzerland regarding years up to and including 2011 shall be presented to the Audit Board no later than 31 December 2013. Average costs regarding the year 2012 shall be presented to the Audit Board no later than 31 December 2014.

               2.

               All claims for reimbursement in relation to Switzerland on the basis of fixed amounts published in the Official Journal of the European Union before 1 April 2012 shall be introduced no later than 1 April 2013.

               3.

               All claims for reimbursement in relation to Switzerland on the basis of fixed amounts published after 31 March 2012 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009. Article 67(2) of Regulation (EC) No 987/2009 shall not be applied to inventories concerning reference years prior the entering into force of Regulation (EC) No 987/2009.

         VII.   Procedure for reimbursement on the basis of fixed amounts in relation to Iceland, Liechtenstein and Norway

               1.

               Average costs in relation with Iceland, Liechtenstein and Norway regarding years up to and including 2011 shall be presented to the Audit Board no later than 31 December 2013. Average costs regarding the year 2012 shall be presented to the Audit Board no later than 31 December 2014.

               2.

               All claims for reimbursement in relation to Iceland, Liechtenstein and Norway on the basis of fixed amounts published in the Official Journal of the European Union before 1 June 2012 shall be introduced no later than 1 June 2013.

               3.

               All claims for reimbursement in relation to Iceland, Liechtenstein and Norway on the basis of fixed amounts published after 31 May 2012 shall be subject to the new rules of procedures in accordance with the provisions of Articles 66 to 68 of Regulation (EC) No 987/2009. Article 67(2) of Regulation (EC) No 987/2009 shall not be applied to inventories concerning reference years prior the entering into force of Regulation (EC) No 987/2009.

         VIII.   Uncontested claims introduced under Regulation (EEC) No 574/72

               1.

               Uncontested claims, in relation to Member States, shall be paid as early as possible, at the latest within 12 months from the date of entry into force of the decision.

               2.

               Uncontested claims, in relation to Switzerland, Iceland, Liechtenstein and Norway, shall be paid as early as possible, at the latest within 24 months from the date of entry into force of the decision

         IX.   Contested claims introduced under Regulation (EEC) No 574/72

               1.

               Contestations to claims concerned, in relation to Member States, have to be received by the liaison body of the creditor Member State at the latest within 12 months from the date of entry into force of the decision. Contestations received after this date can be refused.

               2.

               Contestations to claims concerned, in relation to Switzerland, Iceland, Liechtenstein and Norway, have to be received by the liaison body of the creditor State at the latest within 24 months from the date of entry into force of the decision. Contestations received after this date can be refused.

               3.

               Replies to contestations, in relation to Member States, have to be received by the liaison body of the debtor Member State within 12 months of the end of the month during which the contestation was received and not later than 24 months from the date of entry into force of the decision. The liaison body of the creditor Member State shall reply and submit evidence required in the contestation.

               4.

               Replies to contestations, in relation to Switzerland, Iceland, Liechtenstein and Norway, have to be received by the liaison body of the debtor State within 12 months of the end of the month during which the contestation was received and not later than 36 months from the date of entry into force of the decision. The liaison body of the creditor State shall reply and submit evidence required in the contestation.

               5.

               Contested claims, in relation to Member States, shall be finally settled and paid at the latest within 24 months from the date of entry into force of the decision

               6.

               Contested claims, in relation to Switzerland, Iceland, Liechtenstein and Norway, shall be finally settled and paid at the latest within 36 months from the date of entry into force of the decision.

               7.

               In the absence of a reply by these dates, the contestation is considered as accepted. Replies received by the liaison body of the debtor State after this date can be refused.

         X.   Facilitation procedure

               1.

               Claims which have not been settled within the periods set out above and for which the procedure as laid down under Article 67(7) of Regulation (EC) No 987/2009 has not been evoked by one of the parties within six months from the deadline for payment, shall be regarded as obsolete.

               2.

               Liaison bodies of States may bilaterally agree on a general solution concerning the final settlement of claims, without considering each individual case.

         XI.   Final provisions

               1.

               When applying the transitional arrangements, the guiding principle shall be good cooperation between institutions, pragmatism and flexibility.

               2.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of its publication.

               3.

               This Decision replaces Decision No S7 of 22 December 2009.

            The Chair of the Administrative Commission

         Mariana ŽIUKIENĖ

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.


Avis juridique important

|

31980D1075

80/1075/Euratom: Council Decision of 17 November 1980 appointing a member of the Advisory Committee of the Euratom Supply Agency

Official Journal L 316 , 25/11/1980 P. 0011

****( 1 ) OJ NO 27 , 6 . 12 . 1958 , P . 534/58 .  ( 2 ) OJ NO L 83 , 30 . 3 . 1973 , P . 20 .        COUNCIL DECISION   OF 17 NOVEMBER 1980   APPOINTING A MEMBER OF THE ADVISORY COMMITTEE OF THE EURATOM SUPPLY AGENCY  ( 80/1075/EURATOM )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE STATUTES OF THE EURATOM SUPPLY AGENCY  ( 1 ), AS AMENDED BY COUNCIL DECISION 73/45/EURATOM ( 2 ), AND IN PARTICULAR ARTICLE X THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 15 MAY 1979 REPLACING MEMBERS OF THE ADVISORY COMMITTEE OF THE EURATOM SUPPLY AGENCY ,   HAVING REGARD TO THE OPINION OF THE COMMISSION ,   WHEREAS A SEAT HAS BECOME VACANT ON THE ABOVEMENTIONED COMMITTEE FOLLOWING THE RESIGNATION OF MR PH . KAYSER , OF WHICH THE COUNCIL WAS INFORMED ON 10 JULY 1980 ;   CONSIDERING THE NOMINATION SUBMITTED BY THE GOVERNMENT OF THE FRENCH REPUBLIC ON 10 JULY 1980 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR PIERRE REYNAUD IS HEREBY APPOINTED MEMBER OF THE ADVISORY COMMITTEE OF THE EURATOM SUPPLY AGENCY IN PLACE OF MR PH . KAYSER FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE WHICH RUNS UNTIL 28 MARCH 1981 .   DONE AT BRUSSELS , 17 NOVEMBER 1980 .   FOR THE COUNCIL   THE PRESIDENT   J . SANTER


title: Council Decision (EU) 2017/1334 of 11 July 2017 appointing a member, proposed by the Italian Republic, of the Committee of the Regions

text:
               18.7.2017

               EN

               Official Journal of the European Union

               L 185/45

         COUNCIL DECISION (EU) 2017/1334
   of 11 July 2017
   appointing a member, proposed by the Italian Republic, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

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

               (2)

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

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

               —

               Mr Pierluigi MARQUIS, Consigliere e Presidente della Regione Autonoma Valle d'Aosta.

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

      Done at Brussels, 11 July 2017.

            For the Council

            The President

         T. TÕNISTE

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

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

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


Avis juridique important

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31992D0574

92/574/EEC, Euratom: Council Decision of 7 December 1992 appointing a member of the Economic and Social Committee

Official Journal L 370 , 19/12/1992 P. 0084 - 0084

COUNCIL DECISION  of 7 December 1992  appointing a member of the Economic and Social Committee  (92/574/EEC, Euratom)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),  Whereas a seat has become vacant on the Economic and Social Committee following the death of Mr Robert d'Hondt, notified to the Council on 20 December 1991;  Having regard to the nominations submitted on 14 October 1992,  Having obtained the opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr Josly Piette is hereby appointed member of the Economic and Social Committee in place of Mr Robert d'Hondt for the remainder of his term of office, which runs until 20 September 1994. Done at Brussels, 7 December 1992. For the Council  The President  J. MacGREGOR   (1) OJ No L 290, 23. 10. 1990, p. 13.


title: 2006/45/EC: Commission Decision of  20 December 2005  repealing Decision 2001/381/EC accepting an undertaking offered in connection with imports into the Community of certain aluminium foil originating in Russia

text:
               31.1.2006

               EN

               Official Journal of the European Union

               L 26/13

      COMMISSION DECISION

   of 20 December 2005
   repealing Decision 2001/381/EC accepting an undertaking offered in connection with imports into the Community of certain aluminium foil originating in Russia
   (2006/45/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) (‘the basic Regulation’), and in particular Article 8 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PREVIOUS PROCEDURE

               (1)

               By Regulation (EC) No 950/2001 (2) the Council imposed a definitive anti-dumping duty on imports of certain aluminium foil (‘AHF’) originating, inter alia, in Russia. By Decision 2001/381/EC (3) the Commission accepted an undertaking offered by the Russian exporting producer Joint Stock ‘United Company Siberian Aluminium’, which since then has changed its name (4) to Open Joint Stock Company Rusal Sayanal (‘Sayanal’).

         B.   REPEAL OF DECISION 2001/381/EC

               (2)

               Further to a request lodged by Sayanal, the Commission initiated (5) a partial interim review limited in scope to the examination of dumping in accordance with Article 11(3) of the basic Regulation.

               (3)

               The findings of the review, which are set out in detail in Council Regulation (EC) No 161/2006 (6), showed that Sayanal is no longer dumping. As a consequence, by the aforementioned Regulation, the anti-dumping duty rate applicable to imports of AHF from Sayanal has been set at 0 %.

               (4)

               In view of the above, Decision 2001/381/EC, by which the Commission accepted an undertaking from Sayanal, should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2001/381/EC is hereby repealed.
   Article 2
   This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 20 December 2005.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

      (2)  OJ L 134, 17.5.2001, p. 1. Regulation as amended by Regulation (EC) No 998/2004 (OJ L 183, 20.5.2004, p. 4).

      (3)  OJ L 134, 17.5.2001, p. 67.

      (4)  See Notice 2004/C 193/03, (OJ C 193, 29.7.2004, p. 3).

      (5)  OJ C 285, 23.11.2004, p. 3.

      (6)  See page 1 of this Official Journal.


title: Council Decision (EU) 2017/900 of 22 May 2017 concerning the establishment of the ad hoc Working Party on Article 50 TEU chaired by the General Secretariat of the Council

text:
               25.5.2017

               EN

               Official Journal of the European Union

               L 138/138

         COUNCIL DECISION (EU) 2017/900
   of 22 May 2017
   concerning the establishment of the ad hoc Working Party on Article 50 TEU chaired by the General Secretariat of the Council
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(3) thereof,
   Having regard to European Council Decision 2009/881/EU of 1 December 2009 on the exercise of the Presidency of the Council (1), and in particular Article 4 thereof,
   Whereas:

               (1)

               On 29 March 2017, the European Council received a notification from the United Kingdom of its intention to withdraw from the European Union, thereby launching the process under Article 50 of the Treaty on European Union (TEU).

               (2)

               On 29 April 2017, the European Council adopted guidelines as provided for in Article 50(2) TEU. In particular, it endorsed the procedural arrangements set out in the Annex to the Statement of the 27 Heads of State or Government as well as the Presidents of the European Council and the European Commission of 15 December 2016. In accordance with point 4 of that Annex, between the meetings of the European Council, the Council and the Committee of Permanent Representatives of the Governments of the Member States (Coreper), assisted by a dedicated Working Party with a permanent chair, will ensure that the negotiations are conducted in line with the European Council guidelines and the Council negotiating directives, and provide guidance to the Union negotiator.

               (3)

               An ad hoc Working Party on Article 50 TEU (‘ad hoc Working Party’) with a permanent chair should therefore be established.

               (4)

               The ad hoc Working Party should assist Coreper and the Council in all matters pertaining to the withdrawal of the United Kingdom from the Union. In particular, the ad hoc Working Party should assist Coreper and the Council in the course of the negotiations under Article 50 TEU, in line with the European Council guidelines and the Council negotiating directives. In addition, the ad hoc Working Party could provide assistance on matters related to the process under Article 50 TEU that are not for negotiation with the United Kingdom.

               (5)

               Given that the process under Article 50 TEU is temporary, the ad hoc Working Party should cease to exist when its mandate has been fulfilled.

               (6)

               Following the notification under Article 50 TEU, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it,

         HAS ADOPTED THIS DECISION:
   Article 1
   The ad hoc Working Party on Article 50 TEU is hereby established.
   It shall be chaired by the General Secretariat of the Council.
   Article 2
   The ad hoc Working Party on Article 50 TEU shall assist Coreper and the Council in all matters pertaining to the withdrawal of the United Kingdom from the Union.
   It shall cease to exist when its mandate has been fulfilled.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 May 2017.

            For the Council

            The President

         L. GRECH

      (1)  OJ L 315, 2.12.2009, p. 50.


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31995D0207

95/207/EC: Council Decision of 1 June 1995 granting a Community guarantee to the European Investment Bank against losses under loans for projects in South Africa

Official Journal L 131 , 15/06/1995 P. 0031 - 0032

COUNCIL  DECISION of 1 June 1995 granting a Community guarantee to the European Investment Bank against  losses under loans for projects in South Africa (95/207/EC)THE COUNCIL OF THE  EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 235  thereof, Having regard to the proposal from the Commission  (1), Having regard to the opinion of the European Parliament  (2), Whereas the Council approved on 19 December 1994 a Cooperation Agreement between the European  Community and the Republic of South Africa  (3) that aims to promote harmonious, balanced and  sustainable social and economic development and that commits the Contracting Parties to step up  cooperation in all areas within their respective spheres of competence; Whereas South Africa is undertaking major political, economic and social reforms; Whereas the European Investment Bank (hereinafter referred to as the 'Bank`) is able to grant loans  out of its own resources to help implement these reforms; Whereas these economic reforms will make a decisive contribution to the rapid establishment of  mutually beneficial economic and commercial links between South Africa and the Community; Whereas, in particular, there is a great need for capital investment in this country; whereas this  investment requires external finance; whereas the Bank could make an important contribution; Whereas on 29 October 1993 the European Council decided on a joint action concerning support for  the transition towards a democratic and multiracial South Africa; Whereas on 19 April 1994 the Council adopted a package of immediate measures to be presented to the  South African Government emerging from the democratic and multiracial elections of 26 to 28 April  1994; Whereas the Council is calling on the Bank to begin its operations in support of investment  projects carried out in South Africa by offering it the guarantee provided for in this Decision; Whereas this guarantee is subject to the conditions set out in Council Regulation (EC, Euratom) No  2728/94 of 31 October 1994 establishing a Guarantee Fund for external actions  (4); Whereas the Bank and the Commission should fix the terms for granting the guarantee; Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of  Article 235, HAS DECIDED AS FOLLOWS: Article 1 The Community shall guarantee in full vis-à-vis the European  Investment Bank any payments not received by it but due under loans granted, in accordance with its  usual criteria, in respect of investment projects carried out in South Africa. The guarantee shall be restricted to an overall loan ceiling of ECU 300 million over a period of  two years beginning on the date this Decision takes effect. If, on expiry of this period, the loans  granted by the Bank have not attained the overall amount referred to above, the two-year period  shall be automatically extended by six months. Article 2 The Commission shall inform the European Parliament and the Council every six months of  the situation regarding loans signed. To that end, the Bank shall regularly transmit to the  Commission the appropriate information. Article 3 The Commission shall inform the European Parliament and the Council each year of the  loans operations and shall at the same time submit an assessment of the operations of the scheme  and of coordination between the financial institutions operating in that area. Article 4 The Bank and the Commission shall fix the terms on which the guarantee is to be given. Article 5 This Decision shall take effect on the day of its publication in the Official Journal  of the European Communities. Done at Luxembourg, 1 June 1995. For the Council The President J. GODFRAIN


title: 2006/667/EC,Euratom: Decision of the Representatives of the Governments of the Member States of 20 September 2006 appointing a judge to the Court of First Instance of the European Communities

text:
               5.10.2006

               EN

               Official Journal of the European Union

               L 274/15

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

   of 20 September 2006
   appointing a judge to the Court of First Instance of the European Communities
   (2006/667/EC, Euratom)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,
   Whereas:
   Pursuant to Articles 5 and 7, in conjunction with Article 47, of the Protocol on the Statute of the Court of Justice and following the resignation of Ms Verica TRSTENJAK, a judge should be appointed to the Court of First Instance of the European Communities for the remainder of her term of office, which runs until 31 August 2007,
   HAVE DECIDED AS FOLLOWS:
   Article 1
   Mr Miro PREK is hereby appointed judge to the Court of First Instance of the European Communities from the date of his swearing-in until 31 August 2007.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 20 September 2006.

            The President

         E. KOSONEN


title: Council Decision of 25 August 1975 amending Decision No 73/176/EEC adopting a programme of research in new technologies for the European Economic Community (use of solar energy and recycling of raw materials)

text:
2 . 9 . 75                                Official Journal of the European Communities                              No L 231 /25
                                                      COUNCIL DECISION
                                                        of 25 August 1975
              amending Decision No 73/176/EEC adopting a programme of research in new technologies
                              for the European Economic Community (use of solar energy
                                                 and recycling of raw materials)
                                                           (75/517/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                                     Article 2
                                                                     Article 2 of Decision No 73 / 176/EEC shall be
Having regard to the Treaty establishing the Euro                   replaced by the following, with effect from 1 April
pean Economic Community, and in particular Article                   1975 :
235 thereof;
                                                                         'The upper limit for expenditure commitments
 Having regard to the proposal from the Commission;                      and for staff required for carrying out this pro
                                                                         gramme shall be 3-050 million units of account
                                                                         and 33 staff.
Having regard to the Opinion of the European
Parliament (*);
                                                                         The unit of account is defined in Article 10 of the
Whereas Council Decision No 73/ 176/EEC (2) of                           Financial Regulation of 25 April 1973 (3) appli
 18 June 1973 adopting a programme of research in                        cable to the general budget of the European
                                                                         Communities .'
new technologies for the European Economic Com
munity (use of solar energy and recycling of raw
materials), was adopted in accordance with Article
 235 of the Treaty ;                                                                          Article 3
Whereas Article 4 of the abovementioned Decision                     Article 4   of Decision No 73 / 176/EEC shall be
provides for a review of this programme ;                            replaced by the following, with effect from 1 April
                                                                     1975 :
Whereas it therefore seems appropriate to review this ,
programme,                                                               'The programme defined in the Annex shall be
                                                                         subject to review at the beginning of 1976 . in
                                                                         accordance with the appropriate procedures .'
HAS DECIDED AS FOLLOWS :
                                                                     Done at Brussels, 25 August 1975 .
                           Article 1
The Annex to Decision No 73 / 176/EEC shall, with                                                           For the Council
effect from 1 April 1975, be replaced by the Annex
to this Decision. The Annex shall form an integral                                                           The President
part of this Decision.                                                                                M. RUMOR
( 1) OJ No C 95 , 28 . 4 . 1975 , p. 7 .
(2) OJ No L 189 , 11 . 7 . 1973 , p. 34 .                            (3) OJ No L 116, 1 . 5 . 1973 , p. 1 .
 ---pagebreak--- No L 231 /26                           Official Journal of the European Communities                             2 . 9 . 75
                                                            ANNEX
                                                       DIRECT ACTIONS
                                                  NON-NUCLEAR PROJECTS
                                                     NEW TECHNOLOGIES
                            (USE OF SOLAR ENERGY AND RECYLING OF RAW MATERIALS)
             Joint programme
             A maximum of 3-050 million units of account, and a staff of 33 ( including a programme staff
             of 15 ), shall be allocated to this objective.
             The initial phase will be devoted to the preparation of a detailed programme. The objective
             shall include :
             Use for solar energy
             — bibliographical research and technical and economic evaluation of the various concepts
                 for the collection and storage of solar energy,
             — studies and measurements in the field of heat pipes and selective surfaces,
             — technico-economic and feasibility studies of self-contained units of 1 to 10 kW,
             — studies and assessments on photolysis and thermodissociation of water, and biological
                 conversion .
             Recycling of raw materials
             — general study of strategies (statistical studies of long-term trends, studies of the utilization
                 cycle of materials),
             — special studies on technical and/or technico-economic evaluations concerning:
                 — the pyrolysis of plastics,
                 — the separation of strongly-bound alloy waste,
                 — other subjects which might arise during the general studies .
             These activities will be conducted by the Ispra Establishment.


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31973D0423

73/423/EEC: Commission Decision of 31 October 1973 on the Advisory Committee on Fresh and Processed Fruit and Vegetables

Official Journal L 355 , 24/12/1973 P. 0046 - 0047 Greek special edition: Chapter 03 Volume 10 P. 0080  Spanish special edition: Chapter 03 Volume 7 P. 0122  Portuguese special edition Chapter 03 Volume 7 P. 0122

++++ ( 1 ) OJ N 72 , 8 . 8 . 1962 , PP . 2032 TO 2034/62 .   ( 2 ) OJ N L 121 , 4 . 6 . 1970 , PP . 18 AND 19 .  COMMISSION DECISION  OF 31 OCTOBER 1973  ON THE ADVISORY COMMITTEE ON FRESH AND PROCESSED FRUIT AND VEGETABLES   ( 73/423/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS AN ADVISORY COMMITTEE ON FRESH AND PROCESSED FRUIT AND VEGETABLES WAS SET UP BY THE COMMISSION DECISION OF 18 JULY 1962 ( 1 ) , AS AMENDED BY THE DECISION OF 15 MAY 1970 ( 2 ) ;  WHEREAS IT IS CONSIDERED DESIRABLE , AS A RESULT OF THE ACCESSION OF NEW MEMBER STATES TO THE COMMUNITY , TO ALTER THE RULES FIXING THE NUMBER AND APPORTIONMENT OF SEATS ON THIS COMMITTEE ;  WHEREAS , MOREOVER , THE TEXT OF THE DECISION AFORESAID REQUIRES CERTAIN MINOR ALTERATIONS AND IT IS THEREFORE NECESSARY FOR THE SAKE OF CLARITY TO PRODUCE A COMPLETELY NEW VERSION OF THE TEXT ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE TEXT OF THE DECISION OF 18 JULY 1962 SETTING UP AN ADVISORY COMMITTEE ON FRESH AND PROCESSED FRUIT AND VEGETABLES IS REPLACED BY THE FOLLOWING :   " ARTICLE 1  1 . THERE SHALL BE ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON FRESH AND PROCESSED FRUIT AND VEGETABLES , HEREINAFTER CALLED THE " COMMITTEE " .  2 . THE COMMITTEE SHALL BE COMPOSED OF REPRESENTATIVES OF THE FOLLOWING INTERESTS : GROWERS , COOPERATIVES THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , TRADERS IN AGRICULTURAL PRODUCE AND FOODSTUFFS , AGRICULTURAL WORKERS AND WORKERS IN THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , CONSUMERS .  ARTICLE 2  1 . THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ANY PROBLEM CONCERNING THE OPERATION OF REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES AND IN PARTICULAR ON MEASURES TO BE ADOPTED BY THE COMMISSION UNDER THOSE REGULATIONS .  2 . THE CHAIRMAN OF THE COMMITTEE MAY INDICATE TO THE COMMISSION THE DESIRABILITY OF CONSULTING THE COMMITTEE ON ANY MATTER WITHIN THE LATTER'S COMPETENCE ON WHICH ITS OPINION HAS NOT BEEN SOUGHT . HE SHALL DO SO , IN PARTICULAR , AT THE REQUEST OF ONE OF THE INTERESTS REPRESENTED .  ARTICLE 3  1 . THE COMMITTEE SHALL CONSIST OF FORTY MEMBERS .  2 . SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :   _ FOURTEEN TO REPRESENTATIVES OF FRUIT AND VEGETABLE GROWERS ,   _ SIX TO REPRESENTATIVES OF FRUIT AND VEGETABLE COOPERATIVES ,   _ FOUR TO REPRESENTATIVES OF THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , OF WHOM :   _ TWO SHALL REPRESENT THE VEGETABLE PRESERVING INDUSTRIES ,   _ TWO SHALL REPRESENT THE JAM MANUFACTURING , FRUIT PRESERVING AND FRUIT AND VEGETABLE JUICE INDUSTRIES ,   _ SIX TO REPRESENTATIVES OF THE FRUIT AND VEGETABLE TRADE ,   _ FIVE TO REPRESENTATIVES OF AGRICULTURAL WORKERS AND OF WORKERS IN THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES ,   _ FIVE TO CONSUMERS' REPRESENTATIVES .  ARTICLE 4  1 . MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE TRADE , WORKERS' ORGANIZATIONS SET UP AT COMMUNITY LEVEL WHICH ARE MOST REPRESENTATIVE OF THE INTERESTS SPECIFIED IN ARTICLE 1 ( 2 ) AND WHOSE ACTIVITIES COME WITHIN THE SCOPE OF THE COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES ; CONSUMERS' REPRESENTATIVES SHALL BE APPOINTED ON PROPOSALS FROM THE CONSUMERS' ADVISORY COMMITTEE .  THOSE BODIES SHALL FOR EACH SEAT TO BE FILLED PUT FORWARD THE NAMES OF TWO CANDIDATES OF DIFFERENT NATIONALITY .  2 . THE TERM OF OFFICE FOR MEMBERS OF THE COMMITTEE SHALL BE THREE YEARS . THEIR APPOINTMENTS MAY BE RENEWED . MEMBERS SHALL NOT BE REMUNERATED FOR THEIR SERVICES .  AFTER EXPIRY OF THE THREE YEARS MEMBERS OF THE COMMITTEE SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED .  A MEMBER'S TERM OF OFFICE MAY BE TERMINATED BEFORE EXPIRY OF THE THREE YEARS BY DEATH OR RESIGNATION .  IT MAY ALSO BE TERMINATED WHERE THE BODY WHICH THE MEMBER REPRESENTS REQUESTS THAT HE BE REPLACED .  A PERSON SHALL BE APPOINTED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 , TO REPLACE SUCH MEMBER FOR THE REMAINDER OF THE TERM OF OFFICE .  3 . A LIST OF THE MEMBERS OF THE COMMITTEE SHALL BE PUBLISHED BY THE COMMISSION FOR INFORMATION PURPOSES , IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 5  THE COMMITTEE SHALL , BY A TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT , ELECT A CHAIRMAN AND TWO VICE-CHAIRMEN FOR A PERIOD OF THREE YEARS .  THE COMMITTEE MAY , BY THE LIKE MAJORITY , ELECT FURTHER OFFICERS FROM AMONG THE OTHER MEMBERS . IN THAT CASE , THE OFFICERS OTHER THAN THE CHAIRMAN SHALL CONSIST AT MOST OF ONE REPRESENTATIVE OF EACH INTEREST REPRESENTED ON THE COMMITTEE .  THE OFFICERS SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .  ARTICLE 6  AT THE REQUEST OF ANY OF THE INTERESTS REPRESENTED , THE CHAIRMAN MAY INVITE A PERSON DELEGATED BY THE INTEREST CONCERNED TO BE PRESENT AT MEETINGS OF THE COMMITTEE . HE MAY LIKEWISE ON SUCH REQUEST INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ANY SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE DELIBERATIONS OF THE COMMITTEE . EXPERTS SHALL TAKE PART IN DISCUSSIONS ONLY OF THOSE QUESTIONS ON ACCOUNT OF WHICH THEY WERE INVITED .  ARTICLE 7  THE COMMITTEE MAY SET UP WORKING GROUPS TO ASSIST IT IN CARRYING OUT ITS WORK .  ARTICLE 8  1 . THE COMMITTEE SHALL BE CONVENED BY THE COMMISSION AND SHALL MEET AT COMMISSION HEADQUARTERS . MEETINGS OF THE OFFICERS SHALL BE CONVENED BY THE CHAIRMAN BY ARRANGEMENT WITH THE COMMISSION .  2 . REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS .  3 . SECRETARIAL SERVICES FOR THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS SHALL BE PROVIDED BY THE COMMISSION .  ARTICLE 9  THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION . NO VOTE SHALL BE TAKEN .  THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .  THE VIEWS EXPRESSED BY THE VARIOUS INTERESTS REPRESENTED SHALL BE INCLUDED IN A REPORT FORWARDED TO THE COMMISSION .  IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMITTEE ON THE OPINION TO BE GIVEN , THE COMMITTEE SHALL FORMULATE JOINT CONCLUSIONS AND ATTACH THEM TO THE REPORT .  THE OUTCOME OF THE COMMITTEE'S DISCUSSIONS SHALL ON REQUEST BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL AND TO THE MANAGEMENT COMMITTEES .  ARTICLE 10  WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INFORMS THEM THAT THE OPINION REQUESTED OR THE QUESTION RAISED IS ON A MATTER OF A CONFIDENTIAL NATURE , MEMBERS OF THE COMMITTEE SHALL BE UNDER AN OBLIGATION NOT TO DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE OF OR ITS WORKING GROUPS .  IN SUCH CASE , ONLY COMMITTEE MEMBERS AND REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED MAY BE PRESENT AT MEETINGS . "  ARTICLE 2  THIS DECISION SHALL ENTER INTO FORCE ON 31 OCTOBER 1973 .  DONE AT BRUSSELS , 31 OCTOBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


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31999D0850

1999/850/EC: Council Decision of 6 December 1999 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Hungary

Official Journal L 335 , 28/12/1999 P. 0001 - 0007

COUNCIL DECISIONof 6 December 1999on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Hungary(1999/850/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) the Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy;(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them;(3) Community assistance is conditional on the fulfillment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfillment of the Copenhagen criteria; where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;(4) the Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;(5) the 1999 Commission's Regular Report presented an objective analysis on the Republic of Hungary's preparations for membership and identified a number of priority areas for further work;(6) in order to prepare for membership, the Republic of Hungary should update its national programme for the adoption of the acquis; this programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership for the Republic of Hungary are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 6 December 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 85, 20.3.1998, p. 1.ANNEXHUNGARY: 1999 ACCESSION PARTNERSHIP1. OBJECTIVESThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 1999 Regular Report on the progress made by Hungary towards membership of the European Union, the financial means available to help Hungary implement these priorities and the conditions which will apply to that assistance. This Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include, inter alia, the revised National Programme for the adoption of the acquis, the Joint Assessment of medium-term economic policy priorities, the Pact against organised crime as well as the National Development Plans and other sectoral plans necessary for the participation in Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.2. PRINCIPLESThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. PRIORITIES AND INTERMEDIATE OBJECTIVESThe Commission's Regular Reports have highlighted the extent of the efforts which still have to be made in certain areas by the candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance the progress of the negotiations under way with some States and the opening of new negotiations with the others. The priorities and intermediate objectives in the revised Accession Partnerships ate again divided into two groups, short- and medium-term. Those listed under the short term have been selected on the basis that it is realistic to expect that Hungary can complete or take them substantially forward by the end of 2000. The priorities listed under the medium term are expected to take more than one year to complete although work should, wherever possible, also begin on them during 2000. The progress made in meeting the priorities of the 1998 Accession Partnership is assessed in the 1999 Regular Report. This assessment has been used in formulating the priorities for the current partnership.Hungary submitted a revised version of its National programme for the adoption of the acquis (NPAA) on 6 July 1999. It sets out a timetable for achieving priorities and intermediate objectives, based on the first Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Hungary's membership preparations. Hungary will nevertheless have to address all issues identified in the Regular Report. It is also important that Hungary fulfils the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Europe Agreement, the screening exercise and the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's Regular Report, the following short and medium term priorities and intermediate objectives have been identified for Hungary.3.1. Short-term (2000)Political criteria:- start implementation of the medium-term Roma action programme including provision for the necessary financial support at national and local levels; implement measures aimed at fighting discrimination (including within police services); foster employment opportunities and increase access to education.Economic criteria:- speed up restructuring of public finances including reform of the health care system,- implement a plan for restructuring the steel sector in line with European Union requirements,- establish a functioning land market; finalise the land and property register.Internal market:- free movement of goods: accelerate alignment of European standards, certification and conformity assessment; adopt implementing legislation related to pharmaceuticals, reinforce existing market surveillance and conformity assessment structures with equipment and training,- free movement of services: amend banking rules to prohibit the opening of new anonymous accounts,- competition: empower the State aids monitoring authority to control all aid measures; align the State aid inventory,- telecommunications: ensure full independence of the regulatory authority by June 2000,- audio-visual: complete alignment of legislation including the introduction of a monitoring system for satellite broadcasting,- taxation: further align VAT legislation in particular with regard to the cases of reduced rates and exemptions; eliminate discriminatory excise duties on spirits; confirm acceptance of the principles of the code of conduct for business taxation and ensure that new tax measures are in conformity with these principles,- customs: further align legislation in particular as regards reform of the customs code, the integrated tariff and binding tariff information system.Economic and monetary union:- consolidate the independence of the National Bank in particular with regard to government borrowing.Agriculture:- veterinary and phytosanitary sector: continue alignment and upgrade inspection arrangements, in particular at the future external borders, at Budapest airport and on international waterways,- continue the modernisation of meat and dairy plants to meet European Union hygiene and public health standards,- establish a vineyard register.Employment and social affairs:- prepare a national employment strategy with a view to later participation in the European Employment Strategy, with the help of the Joint Employment Review,- support social partners' capacity-building efforts to develop and implement the acquis, notably through bipartite social dialogue.Environment:- align with the integrated pollution prevention control Directive,- accelerate the transposition and enforcement of framework legislation for waste management; further align safety standards for radiation protection,- develop and begin to implement a plan for financing investments (directive specific), based on estimations of costs of alignment and realistic sources of public and private finance year-by-year,- complete transposition and enforce the environmental impact assessment Directive.Justice and home affairs:- border management: up-grade border posts and "green border control"; improve data and telecommunication infrastructure to enable full participation in the Schengen Information System,- ensure sufficient appropriately trained staff to deal with asylum requests and coordination between those responsible for asylum matters in its different levels of the procedure,- ratify the European convention on laundering of proceeds of crime and the European criminal law convention on corruption,- fight against organised crime; further develop the liaison officer network; establish regional forensic (drug) laboratories; develop special training courses for staff responsible for priority areas in the fight against organised crime.Reinforcement of administrative and judicial capacity, including management and control of European Union Funds:- Phare(1), ISPA(2) and Sapard(3): further develop the National Development Plan and the Rural Development Plan; adopt the legal, budgetary and administrative framework (audit manual and audit trail) to programme and manage ISPA and Sapard, including a mechanism for environmental impact assessment and European Union compatible public procurement rules for projects co-financed with Community Funds and the establishment of a functioning paying agency for Sapard,- improve capacity to programme, implement and monitor Phare assistance project,- strengthen internal and external financial control; set up a comprehensive information technology system; separate clearly between internal audit and technical monitoring functions; further strengthen functional independence for national internal controllers/auditors at both central and decentralised levels and "ex-ante" financial control,- strengthen capacities to deal with money laundering.3.2. Medium-termPolitical criteria:- continue implementation of the medium-term Roma action programme.Economic criteria:- complete restructuring of public finances including reform of the health care system,- establish an annual fiscal surveillance procedure aimed at bringing the reporting, monitoring and control of public finances, specifically fiscal positions, in line with European Union procedures,- continue efforts to improve the conditions for the creation and development of private enterprises, with particular attention to small and medium-sized enterprises.Internal market:- public procurement: align threshold values by the end of 2001, deadlines for submission of tenders, definition of public works and enforcement and remedies procedures in the utilities sector; abolish by the end of 2002 National Preference Clause for public procurement by introducing access to award procedures in Hungary for all Community companies,- free movement of goods: complete alignment of standards, certification and conformity assessment,- free movement of capital: remove remaining restrictions on medium- and short-term capital transactions,- free movement of persons: complete alignment of mutual recognition of professional qualifications and diplomas,- free movement of services: eliminate anonymous banking accounts,- competition: ensure full enforcement of competition and State aid rules, reinforce the anti-trust and State aid authorities, increase training at all levels of administration,- taxation: complete alignment with VAT common provisions, introducing special schemes (for travel, second-hand goods, and gold) and transitional provisions; increase excise duty rates on alcoholic beverages and cigarettes up to European Union minimum levels; review existing laws and ensure compatibility with the Code of Conduct for business taxation; strengthen administrative cooperation and mutual assistance; increase efficiency of tax audits,- customs: complete alignment, in particular on free zones, simplified procedures and integrated tariff; reinforce administrative and operational capacity, including computerisation; develop efficient border posts.Agriculture:- reinforce common agricultural policy management mechanisms and administrative structures (monitor agricultural markets and implement structural and rural development measures, set up bodies and control mechanisms),- continue restructuring of the agrifood sector; reinforce food control administration,- veterinary and phytosanitary sector: complete system of animal identification; implement quality control system (hazard analysis critical control point), animal waste treatment, modernisation of meat and dairy plants residue and zoonosis control programmes; complete inspection systems on future external borders.Energy:- prepare for the internal energy market, notably the electricity and gas directives (including adaptation of energy prices to cost levels and the establishment of a regulator),- improve energy efficiency,- continue to ensure high levels of nuclear safety at Paks nuclear power plant,- strengthen regulatory structures for nuclear safety and radiation protection.Transport:- complete alignment in road transport (market access, road safety, rules for dangerous goods and taxation), railways, air transport (particularly air safety and air traffic management) and inland waterways (technical requirements for vessels).Employment and social affairs:- transpose and implement European Union legislation in the fields of occupational health and safety, labour law, equal treatment of women and men, and public health including reinforcement of the related administrative structures and those required for the coordination of social security.Economic and social cohesion:- develop national policy for economic and social cohesion; prepare for the implementation of regional development programmes as well as Community initiatives; improve administrative structures and procedures, in particular interministerial coordination for structural funds and clarify responsibilities for regional policy issues; improve the budgetary system and procedures to allow for pluriannual commitments and management according to European Union standards, including appraisal and evaluation.Environment:- complete transposition and enforce legislation in the areas of nature protection, water quality, industrial pollution control and risk management, noise, chemicals and genetically modified organisms, waste management, radiation protection including specific investment programmes,- develop the air quality monitoring network and strengthen the authorised laboratories (responsible for implementation of legislation),- integrate sustainable development principles into the definition and implementation of all other sectoral policies.Justice and home affairs:- further upgrade law enforcement bodies (staff numbers, training and equipment), continue the fight against organised crime, trafficking in women and children, drug trafficking and corruption; ensure better coordination between law enforcement bodies,- continue progressive alignment of visa legislation and practice with that of the European Union,- set up new reception centres for asylum seekers.Reinforcement of administrative and judicial capacity, including the management and control of European Union funds:- improve the capacity of public administration to implement and manage the acquis, in particular through ensuring adequate staffing levels,- continue improving the functioning of the judicial system by training of judges in Community law,- strengthen anti-fraud and public financial control functions through the provision of adequate staff, training and equipment,- strengthen statistical capacities.4. PROGRAMMINGThe Phare allocation for the period 1995 to 1999 has totalled EUR 497 million. Following the agreement of the European Council in Berlin on 24 and 25 March 1999, financial assistance to the applicant States during the period 2000 to 2006 will also comprise support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87) and a structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73) which will give priority to measures similar to the cohesion fund in the pre-accession period. Under these national allocations, Hungary can also fund part of its participation in Community programmes including in the Fifth Research and Technological Development Framework Programme (OJ L 26, 1.2.1999, p. 1). In addition Hungary will have access to funding from multi-State programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and international financial institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.5. CONDITIONALITYCommunity assistance for financing projects through the three pre-accession instruments Phare, ISPA and Sapard is conditional on respect by Hungary of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this Accession Partnership in 2000. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. MONITORINGThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption of the acquis can be examined, in accordance with the same procedures, irrespective of whether or not negotiations have been opened. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The Phare Management Committee ensures that financing decisions under all three pre-accessions instruments, Phare, ISPA and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the Coordinating Regulation (Council Regulation (EC) No 1266/1999, (OJ L 161, 26.6.1999, p. 68)).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) Phare: Action plan for coordinated aid to Poland and Hungary.(2) ISPA: Instrument for Structural Policies for Pre-Accession.(3) Sapard: Special Accession Programme for Agriculture and Rural Development.


Avis juridique important

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31997D0594

97/594/EC, ECSC, Euratom: Commission Decision of 30 July 1997 on the updating of the amounts specified in Regulation (Euratom, ECSC, EC) No 3418/93 laying down detailed rules for the implementation of the Financial Regulation

Official Journal L 239 , 30/08/1997 P. 0054 - 0055

COMMISSION DECISION of 30 July 1997 on the updating of the amounts specified in Regulation (Euratom, ECSC, EC) No 3418/93 laying down detailed rules for the implementation of the Financial Regulation (97/594/ECSC, EC, Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Treaty establishing the European Atomic Energy Community,Having regard to the Treaty establishing the European Coal and Steel Community,Having regard to Commission Regulation (Euratom, ECSC, EC) No 3418/93 of 9 December 1993 laying down detailed rules for the implementation of certain provisions of the Financial Regulation of 21 December 1977 (1), and in particular Article 145 thereof,Whereas the consumer price index (EUR 15) was 136,77 in December 1992, 141,40 in December 1993, 145,70 in December 1994 and 150,00 in December 1995;Whereas, pursuant to Article 145 of Regulation (Euratom, ECSC, EC) No 3418/93, the fixed amounts specified in that Regulation should be adapted with effect from 1 January 1997,HAS DECIDED AS FOLLOWS:Article 1 The fixed amounts specified in Regulation (Euratom, ECSC, EC) No 3418/93 shall be updated as follows with effect from 1 January 1997:>TABLE>>TABLE>Article 2 This Decision shall be communicated to the other Community institutions and bodies by the Commission's accounting officer.Done at Brussels, 30 July 1997.For the CommissionErkki LIIKANENMember of the Commission(1) OJ No L 315, 16. 12. 1993, p. 1.


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section VI — European Economic and Social Committee

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/93

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section VI — European Economic and Social Committee
   (2010/502/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2008 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2008 — Volume I (C7-0177/2009) (2),
   having regard to the European Economic and Social Committee’s annual report to the discharge authority on internal audits carried out in 2008,
   having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, together with the institutions’ replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0080/2010),

               1.

               Grants the European Economic and Social Committee’s Secretary-General discharge in respect of the implementation of its budget for the financial year 2008;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 71, 14.3.2008.

      (2)  OJ C 273, 13.11.2009, p. 1.

      (3)  OJ C 269, 10.11.2009, p. 1.

      (4)  OJ C 273, 13.11.2009, p. 122.

      (5)  OJ L 248, 16.9.2002, p. 1.
    ---documentbreak---

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/94

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section VI — European Economic and Social Committee
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2008 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2008 — Volume I (C7-0177/2009) (2),
   having regard to the European Economic and Social Committee’s annual report to the discharge authority on internal audits carried out in 2008,
   having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, together with the institutions’ replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0080/2010),

               A.

               whereas ‘citizens have the right to know how their taxes are being spent and how the power entrusted to political bodies is handled’ (6),

               1.

               Notes that in 2008 the European Economic and Social Committee (EESC) had commitment appropriations available amounting to a total of EUR 118 million (EUR 116 million in 2007), with a utilisation rate of 95,64 %, the same as the average of the other institutions (95,67 %);

               2.

               Notes that the Court of Auditors indicated in its annual report that the audit did not give rise to any significant observations as regards the EESC;

               3.

               Notes the minor increase in the number of permanent posts (700 posts in 2008; 695 posts in 2007) allocated to the EESC, and the fact that almost all of those posts have been filled (14 vacant posts in 2008; 8 vacant posts in 2007); welcomes the adoption and implementation of the medium-term plan (2008-2013 strategy) to promote equal opportunities and diversity in the secretariat, in particular, introducing general flexitime arrangements in the future, as well as a medium-term training plan (2008 to 2010) and developing a policy of staff mobility, and looks forward to reports on advancement in the human resources policy;

               4.

               Points to the remark made by the Court of Auditors in Annex 11.2 of its annual report to the different approach of the EESC (as well as of the Parliament) when applying the provisions of the Staff Regulations as regards the multiplication factor; points out that the EESC thereby grants its staff a financial advantage not granted by the other institutions, and that that results in higher expenses; reiterates that the provisions of the Staff Regulations concerning the multiplication factor should be interpreted and implemented by all the institutions in the same way; notes the EESC’s intention to adapt its practice in conformity with the awaited Civil Service Tribunal’s ruling;

               5.

               Welcomes the implementation of the Administrative Cooperation Agreement between the EESC and the Committee of the Regions (CoR) for the period 2008 to 2014, and invites the EESC and the CoR to communicate the progress made as regards harmonising their internal control standards, as well as relevant financial procedures relating to the Joint Services; takes note of the mutually satisfactory solution of distributing verification in the Joint services on the basis of the ‘origin’ of the authorising officer in charge from one Committee or the other;

               6.

               Recalls that de-coupling resulting from the Administrative Cooperation Agreement should be budget neutral, and is looking forward to the mid-term review of the Agreement, due in 2011, and, as a part of that, to a joint analysis by the EESC and the CoR;

               7.

               Welcomes the results of evaluation of the mini-cooperation agreements in the areas affected by de-coupling, as carried out jointly by the EESC and the CoR, in particular, their conclusions that the new governance structure has improved the administrative cooperation between the Committees, that de-coupled services have maintained quality and improved efficiency, and that no supplementary budget means were needed; also notes the conclusion that some practical aspects of the cooperation should be improved in the future;

               8.

               Welcomes the EESC efforts in the area of interinstitutional cooperation in the domain of IT systems, in particular, the negotiations of the EESC and the CoR with the Commission on the use of the staff management system Sysper2;

               9.

               Notes the EESC assurance regarding the controls, particularly that the EESC’s internal rules foresee systematic ex-ante verification, and that this is augmented by random ex-post controls, especially in areas with high volume;

               10.

               Welcomes the successful operation of the EESC audit committee, the audits carried out and follow-up on the agreed action plans, as well as further development of key activity and performance indicators (KAPI) in 2008, carried out by the Internal Audit Unit, and the readiness of the EESC to support other institutions with information on the experience gained in developing KAPI;

               11.

               Recalls that members of the EESC do not declare their financial interests or disclose relevant information on declarable professional activities and remunerated posts or activities; requests that the EESC introduces this obligation for its members without delay;

               12.

               Urges furthermore that travel expenses of members of the EESC should be based only on actual travel costs; suggests further that daily allowances should be equal to the ones received by the Members of the European Parliament; calls on the Secretary General of the EESC to report to the Committee on Budgetary Control of the European Parliament before September 2010 on the appropriate new internal rules that are to be adopted;

               13.

               Notes the fact that the ad-hoc group of the EESC Bureau responsible for drafting proposals on revising the members’ financial statute has concluded its work and the proposal is now being discussed in the appropriate bodies; urges the EESC to communicate the outcome of that process;

               14.

               Recalls its observation that the rules on procurement of the Financial Regulation are excessively cumbersome for smaller institutions; reminds the Commission of its request that it consult extensively with the EESC when carrying out its preliminary work prior to drawing up any future proposals for amendment to the Financial Regulation, in order to ensure that EESC concerns are fully taken into account;

               15.

               Praises the EESC for the quality of its annual activity report, and welcomes the inclusion of the explicit follow-up to Parliament’s previous discharge decisions.

      (1)  OJ L 71, 14.3.2008.

      (2)  OJ C 273, 13.11.2009, p. 1.

      (3)  OJ C 269, 10.11.2009, p. 1.

      (4)  OJ C 273, 13.11.2009, p. 122.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  The European Transparency Initiative.