title: 2009/857/EC: Council Decision of 13 December 2007 relating to the implementation of Article 9C(4) of the Treaty on European Union and Article 205(2) of the Treaty on the Functioning of the European Union between 1 November 2014 and 31 March 2017 on the one hand, and as from 1 April 2017 on the other

text:
               1.12.2009

               EN

               Official Journal of the European Union

               L 314/73

      COUNCIL DECISION

   of 13 December 2007
   relating to the implementation of Article 9C(4) of the Treaty on European Union and Article 205(2) of the Treaty on the Functioning of the European Union between 1 November 2014 and 31 March 2017 on the one hand, and as from 1 April 2017 on the other
   (2009/857/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Whereas:

               (1)

               Provisions should be adopted allowing for a smooth transition from the system for decision-making in the Council by a qualified majority as defined in Article 3(3) of the Protocol on the transitional provisions, which will continue to apply until 31 October 2014, to the voting system provided for in Article 9C(4) of the Treaty on European Union and Article 205(2) of the Treaty on the Functioning of the European Union, which will apply with effect from 1 November 2014, including, during a transitional period until 31 March 2017, specific provisions laid down in Article 3(2) of that Protocol.

               (2)

               It is recalled that it is the practice of the Council to devote every effort to strengthening the democratic legitimacy of decisions taken by a qualified majority,

         HAS DECIDED AS FOLLOWS:
   SECTION 1

      PROVISIONS TO BE APPLIED FROM 1 NOVEMBER 2014 TO 31 MARCH 2017

   Article 1
   From 1 November 2014 to 31 March 2017, if members of the Council, representing:

               (a)

               at least three quarters of the population; or

               (b)

               at least three quarters of the number of Member States;

         necessary to constitute a blocking minority resulting from the application of Article 9C(4), first subparagraph, of the Treaty on European Union or Article 205(2) of the Treaty on the Functioning of the European Union, indicate their opposition to the Council adopting an act by a qualified majority, the Council shall discuss the issue.
   Article 2
   The Council shall, in the course of these discussions, do all in its power to reach, within a reasonable time and without prejudicing obligatory time limits laid down by Union law, a satisfactory solution to address concerns raised by the members of the Council referred to in Article 1.
   Article 3
   To this end, the President of the Council, with the assistance of the Commission and in compliance with the Rules of Procedure of the Council, shall undertake any initiative necessary to facilitate a wider basis of agreement in the Council. The members of the Council shall lend him or her their assistance.
   SECTION 2

      PROVISIONS TO BE APPLIED AS FROM 1 APRIL 2017

   Article 4
   As from 1 April 2017, if members of the Council, representing:

               (a)

               at least 55 % of the population; or

               (b)

               at least 55 % of the number of Member States;

         necessary to constitute a blocking minority resulting from the application of Article 9C(4), first subparagraph, of the Treaty on European Union or Article 205(2) of the Treaty on the Functioning of the European Union, indicate their opposition to the Council adopting an act by a qualified majority, the Council shall discuss the issue.
   Article 5
   The Council shall, in the course of these discussions, do all in its power to reach, within a reasonable time and without prejudicing obligatory time limits laid down by Union law, a satisfactory solution to address concerns raised by the members of the Council referred to in Article 4.
   Article 6
   To this end, the President of the Council, with the assistance of the Commission and in compliance with the Rules of Procedure of the Council, shall undertake any initiative necessary to facilitate a wider basis of agreement in the Council. The members of the Council shall lend him or her their assistance.
   SECTION 3

      ENTRY INTO FORCE

   Article 7
   This Decision shall enter into force on the date of the entry into force of the Treaty of Lisbon.

      Done at Brussels, 13 December 2007.

            For the Council

            The President

         L. AMADO


title: Decision (EU) 2016/1488 of the European Parliament of 28 April 2016 on the closure of the accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/171

         DECISION (EU) 2016/1488 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2014, together with the Agency’s reply (1),

               —

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

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0089/2016),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (4), and in particular Article 24 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0087/2016),

               1.

               Notes that the final annual accounts of the Agency for the Cooperation of Energy Regulators are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2014;

               3.

               Instructs its President to forward this decision to the Director of the Agency for the Cooperation of Energy Regulators, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 18.

      (2)  See footnote 1.

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

      (4)  OJ L 211, 14.8.2009, p. 1.

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

      (6)  OJ L 328, 7.12.2013, p. 42.


title: 2014/739/EU: Council Decision of 9 October 2014 on the position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

text:
               29.10.2014

               EN

               Official Journal of the European Union

               L 308/88

         COUNCIL DECISION
   of 9 October 2014
   on the position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

      (2014/739/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Protocol 3 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (1) (‘the Agreement’), concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’).

               (2)

               The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) lays down provisions on the origin of goods traded under relevant Agreements concluded between the Contracting Parties. Serbia and other participants to the Stabilisation and Association Process from the Western Balkans were invited to join the system of pan-European diagonal cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007.

               (3)

               The Union and Serbia signed the Convention on 15 June 2011 and 12 November 2012, respectively.

               (4)

               The Union and Serbia deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 1 July 2013, respectively. As a consequence, in application of Article 10(3) of the Convention, the Convention entered into force in relation to the Union and Serbia on 1 May 2012 and on 1 September 2013, respectively.

               (5)

               Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the Stabilisation and Association Council established by the Agreement should adopt a decision replacing Protocol 3 by a new protocol which, with regard to the rules of origin, refers to the Convention.

               (6)

               The position of the Union within the Stabilisation and Association Council should therefore be based on the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be based on the draft decision of the Stabilisation and Association Council attached to this Decision.
   Minor changes to the draft decision of the Stabilisation and Association Council may be agreed to by the representatives of the Union in the Stabilisation and Association Council without further decision of the Council.
   Article 2
   The decision of the Stabilisation and Association Council shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 9 October 2014.

            For the Council

            The President

         A. ALFANO

      (1)  OJ L 278, 18.10.2013, p. 16.

      (2)  OJ L 54, 26.2.2013, p. 4.

      DRAFT
      DECISION No … OF THE EU-SERBIA STABILISATION AND ASSOCIATION COUNCIL
      of
      replacing Protocol 3 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
      THE EU-SERBIA STABILISATION AND ASSOCIATION COUNCIL,
      Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, signed in Luxembourg on 29 April 2008 (1), and in particular Article 44 thereof,
      Having regard to Protocol 3 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation,
      Whereas:

                  (1)

                  Article 44 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (‘the Agreement’) refers to Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’), which lays down the rules of origin and provides for cumulation of origin between the Union, Serbia, Turkey and any country or territory participating in the Union's Stabilisation and Association Process.

                  (2)

                  Article 39 of Protocol 3 provides that the Stabilisation and Association Council established by Article 119 of the Agreement may decide to amend the provisions of that protocol.

                  (3)

                  The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) aims to replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean area with a single legal act. Serbia and other participants to the Stabilisation and Association Process from the Western Balkans were invited to join the system of pan-European diagonal cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007.

                  (4)

                  The Union and Serbia signed the Convention on 15 June 2011 and 12 November 2012, respectively.

                  (5)

                  The Union and Serbia deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 1 July 2013, respectively. Consequently, in application of Article 10(3) of the Convention, the Convention entered into force in relation to the Union and Serbia on 1 May 2012 and on 1 September 2013, respectively.

                  (6)

                  Where the transition towards the Convention is not simultaneous for all Contracting Parties within the cumulation zone, it should not lead to any less favourable situation than previously under Protocol 3.

                  (7)

                  Protocol 3 should therefore be replaced by a new protocol making reference to the Convention,

            HAS ADOPTED THIS DECISION:
      Article 1
      Protocol 3 to Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation is replaced by the text set out in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.
      It shall apply from 1 September 2014.

         Done at …,

               For the Stabilisation and Association Council

               The President

         (1)  OJ L 278, 18.10.2013, p. 16.

         (2)  OJ L 54, 26.2.2013, p. 4.

         ANNEX
         Protocol 3
         concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
         Article 1
         Applicable rules of origin
         For the purpose of implementing this Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1) (‘the Convention’) shall apply.
         All references to the ‘relevant agreement’ in Appendix I and in the relevant provisions of Appendix II to the Convention shall be construed so as to mean this Agreement.
         Article 2
         Dispute settlement
         Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out this verification, they shall be submitted to the Stabilisation and Association Council.
         In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.
         Article 3
         Amendments to the Protocol
         The Stabilisation and Association Council may decide to amend the provisions of this Protocol.
         Article 4
         Withdrawal from the Convention
         1.   Should either the European Union or Serbia give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to Article 9 thereof, the European Union and Serbia shall immediately enter into negotiations on rules of origin for the purpose of implementing this Agreement.
         2.   Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to this Agreement. However, as of the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation between the European Union and Serbia only.
         Article 5
         Transitional provisions — cumulation
         1.   Notwithstanding Article 3 of Appendix I to the Convention, the rules on cumulation provided for in Articles 3 and 4 of Protocol 3 to this Agreement, as adopted by the European Union and Serbia on concluding the Agreement (2), shall continue to apply between the Parties to this Agreement until the Convention has become applicable for all Contracting Parties to the Convention listed in those Articles.
         2.   Notwithstanding Articles 16(5) and 21(3) of Appendix I to the Convention, where cumulation involves only EFTA States, the Faroe Islands, the European Union, Turkey and the participants in the Stabilisation and Association Process, the proof of origin may be a movement certificate EUR.1 or an origin declaration.

            (1)  OJ L 54, 26.2.2013, p. 4.

            (2)  OJ L 278, 18.10.2013, p. 16.