title: 2004/685/EC: Commission Decision of 27 September 2004 amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (notified under document number C(2004) 3522) (Text with EEA relevance)

text:
               9.10.2004

               EN

               Official Journal of the European Union

               L 312/19

      COMMISSION DECISION

   of 27 September 2004
   amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC
   (notified under document number C(2004) 3522)
   (Text with EEA relevance)
   (2004/685/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the fourth subparagraph of Article 29(1) thereof,
   Whereas:

               (1)

               Under Directive 96/23/EC inclusion and retention on the lists of third countries, provided for in Community legislation, from which Member States are authorised to import animals and primary products of animal origin (the products) covered by that Directive are subject to submission by the third countries concerned of a plan setting out the guarantees which they offer as regards the monitoring of the groups of residues and substances referred to in that Directive. That Directive also lays down certain requirements concerning time limits for submission of plans.

               (2)

               Commission Decision 2004/432/EC (2) lists the third countries which have submitted a residue monitoring plan, setting out the guarantees offered by them in compliance with the requirements of that Directive.

               (3)

               Certain third countries have presented residue monitoring plans to the Commission for animals and products not listed in Decision 2004/432/EC. The evaluation of these plans and the additional information requested by the Commission provide sufficient guarantees on the residue monitoring in these countries for the concerned animals and products. These animals and products should therefore be included in the list for these third countries.

               (4)

               Decision 2004/432/EC should therefore be amended accordingly.

               (5)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Annex to Decision 2004/432/EC is replaced by the text in the Annex to this Decision.
   Article 2
   This Decision shall apply from 12 October 2004.
   Article 3
   This Decision is addressed to the Member States.

      Done at Brussels, 27 September 2004.

            For the Commission

         David BYRNE

            Member of the Commission

      (1)  OJ L 125, 23.5.1996, p. 10. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1).

      (2)  OJ L 154, 30.4.2004, p. 44 (corrected version in OJ L 189, 27.5.2004, p. 33).

      ANNEX

            ‘ANNEX

                        Code ISO2

                        Country

                        Bovine

                        Ovine/caprine

                        Swine

                        Equine

                        Poultry

                        Aqua-culture

                        Milk

                        Eggs

                        Rabbit

                        Wild game

                        Farmed game

                        Honey

                        AD

                        Andorra (1)

                        X

                        X

                        X

                        AE

                        United Arab Emirates

                        X

                        AF

                        Afghanistan

                        X (2)

                        AL

                        Albania

                        X

                        X

                        AN

                        Netherlands Antilles

                        X (3)

                        AR

                        Argentina

                        X

                        X

                        X (2)

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        AU

                        Australia

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        BD

                        Bangladesh

                        X (2)

                        X

                        BG

                        Bulgaria

                        X

                        X

                        X

                        X (4)

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        BH

                        Bahrain

                        X (2)

                        BR

                        Brazil

                        X

                        X (2)

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        BW

                        Botswana

                        X

                        X

                        BY

                        Belarus

                        X (4)

                        BZ

                        Belize

                        X

                        X

                        CA

                        Canada

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        CH

                        Switzerland

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X (3)

                        CL

                        Chile

                        X

                        X (5)

                        X

                        X (2)

                        X

                        X

                        X

                        X

                        CN

                        China

                        X (2)

                        X (2)

                        X

                        X

                        X

                        X

                        CO

                        Colombia

                        X

                        X

                        CR

                        Costa Rica

                        X (2)

                        X (2)

                        X (2)

                        X

                        CS

                        Serbia and Montenegro (6)

                        X

                        X

                        X

                        X (4)

                        X

                        CU

                        Cuba

                        X

                        X

                        EC

                        Ecuador

                        X

                        EG

                        Egypt

                        X (2)

                        ER

                        Eritrea

                        X

                        FK

                        Falkland Islands

                        X

                        FO

                        Faeroe Islands

                        X

                        GL

                        Greenland

                        X

                        X (4)

                        X

                        X

                        GT

                        Guatemala

                        X

                        X

                        HK

                        Hong Kong

                        X (3)

                        X (3)

                        HN

                        Honduras

                        X (2)

                        X

                        HR

                        Croatia

                        X

                        X

                        X

                        X (4)

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        ID

                        Indonesia

                        X

                        IL

                        Israel

                        X

                        X

                        X

                        X

                        X

                        X

                        IN

                        India

                        X (2)

                        X (2)

                        X

                        X

                        X

                        X

                        IR

                        Iran

                        X (2)

                        X

                        IS

                        Iceland

                        X

                        X

                        X

                        X

                        X

                        X

                        X (3)

                        JM

                        Jamaica

                        X

                        X

                        JP

                        Japan

                        X (2)

                        X

                        KE

                        Kenya

                        X

                        KR

                        South Korea

                        X

                        KW

                        Kuwait

                        X (2)

                        LB

                        Lebanon

                        X (2)

                        LK

                        Sri Lanka

                        X

                        MA

                        Morocco

                        X (2)

                        X (4)

                        X

                        MD

                        Moldova

                        X

                        MG

                        Madagascar

                        X

                        MK

                        Former Yugoslav Republic of Macedonia (7)

                        X

                        X

                        X (4)

                        X

                        MN

                        Mongolia

                        X (2)

                        MX

                        Mexico

                        X

                        X (2)

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        MY

                        Malaysia

                        X (8)

                        X

                        MZ

                        Mozambique

                        X

                        NA

                        Namibia

                        X

                        X

                        X

                        X

                        X

                        NC

                        New Caledonia

                        X

                        X

                        X

                        X

                        NI

                        Nicaragua

                        X (2)

                        X (2)

                        X

                        X

                        NO

                        Norway (9)

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        NZ

                        New Zealand

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        OM

                        Oman

                        X (2)

                        X (2)

                        X

                        PA

                        Panama

                        X

                        X (2)

                        X

                        PE

                        Peru

                        X (2)

                        X

                        X

                        PH

                        Philippines

                        X

                        PK

                        Pakistan

                        X (2)

                        X (2)

                        PY

                        Paraguay

                        X

                        X (2)

                        X

                        RO

                        Romania

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        RU

                        Russia

                        X

                        X

                        X

                        X (4)

                        X

                        X

                        X

                        X (10)

                        X

                        SC

                        Seychelles

                        X

                        SG

                        Singapore

                        X (3)

                        X (3)

                        X (3)

                        X (3)

                        X (3)

                        SM

                        San Marino (11)

                        X

                        X

                        X

                        SR

                        Suriname

                        X

                        SV

                        El Salvador

                        X

                        SY

                        Syria

                        X (2)

                        SZ

                        Swaziland

                        X

                        TH

                        Thailand

                        X

                        X

                        X

                        TM

                        Turkmenistan

                        X (2)

                        TN

                        Tunisia

                        X (2)

                        X (4)

                        X

                        X

                        X

                        X

                        TR

                        Turkey

                        X (2)

                        X

                        X

                        TW

                        Taiwan

                        X

                        X

                        TZ

                        Tanzania

                        X

                        UA

                        Ukraine

                        X (4)

                        X

                        US

                        United States

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        UY

                        Uruguay

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        UZ

                        Uzbekistan

                        X (2)

                        VE

                        Venezuela

                        X

                        VN

                        Vietnam

                        X

                        X

                        YT

                        Mayotte

                        X

                        ZA

                        South Africa

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        X

                        ZM

                        Zambia

                        X

                        ZW

                        Zimbabwe

                        X

                        X

                        X

         (1)  Initial residue monitoring plan approved by veterinary sub-group EC/Andorra (in accordance with Decision No 2/1999 of EC/Andorra Joint Committee of 22 December 1999 (OJ L 31, 5.2.2000, p. 84)).

         (2)  Only casings.

         (3)  Third countries using only raw material from other approved third countries for food production.

         (4)  Exports of live horses for slaughter (food producing animals only).

         (5)  Only sheep.

         (6)  Not including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999.

         (7)  Appropriate denomination still under discussion at UN.

         (8)  Peninsular (western) Malaysia only.

         (9)  Monitoring plan approved in accordance with Decision of EFTA Surveillance Authority No 223/96/COL of 4 December 1996 (OJ L 78, 20.3.1997, p. 38).

         (10)  Only for reindeer from the Murmansk region.

         (11)  Monitoring plan approved in accordance with Decision No 1/94 of the EC-San Marino Cooperation Committee of 28 June 1994 (OJ L 238, 13.9.1994, p. 25).’


title: 2007/840/EC: Council Decision of 29 November 2007 on the conclusion of the Agreement between the European Community and Ukraine on the facilitation of the issuance of visas

text:
               18.12.2007

               EN

               Official Journal of the European Union

               L 332/66

         COUNCIL DECISION
   of 29 November 2007
   on the conclusion of the Agreement between the European Community and Ukraine on the facilitation of the issuance of visas
   (2007/840/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular points 2(b)(i) and (ii) of Article 62 thereof; in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Community an Agreement with Ukraine on the facilitation of the issuance of visas.

               (2)

               The Agreement was signed, on behalf of the European Community, on 18 June 2007 subject to its possible conclusion at a later date, in accordance with a Council Decision adopted on 12 June 2007.

               (3)

               The Agreement should be approved.

               (4)

               The Agreement establishes a Joint Committee for the management of the Agreement, which may adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position in this case.

               (5)

               In accordance with the Protocol on the position of the United Kingdom and Ireland, and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

               (6)

               In accordance with the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or taking part subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and Ukraine on the facilitation of the issuance of visas is hereby approved on behalf of the Community.
   The text of the agreement is attached to this Decision.
   Article 2
   The President of the Council shall give the notification provided for in Article 14(1) of the Agreement (2).
   Article 3
   The Commission, assisted by experts from Member States, shall represent the Community in the Joint Committee of experts established by Article 12 of the Agreement.
   Article 4
   The position of the Community within the Joint Committee of experts with regard to the adoption of its rules of procedure as required under Article 12(4) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 29 November 2007.

            For the Council

            The President

         M. LINO

      (1)  Opinion delivered on 13 November 2007 (not yet published in the Official Journal).

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               18.12.2007

               EN

               Official Journal of the European Union

               L 332/68

         AGREEMENT
   between the European Community and Ukraine on the facilitation of the issuance of visas
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as ‘the Community’, and
   UKRAINE,
   hereinafter referred to as ‘the Parties’,
   WITH A VIEW to further developing friendly relations between the Contracting Parties and desiring to facilitate people to people contacts as an important condition for a steady development of economic, humanitarian, cultural, scientific and other ties, by facilitating the issuing of visas to Ukrainian citizens,
   DESIRING to regulate the regime of mutual travel of citizens of Ukraine and Member States of the European Union,
   BEARING IN MIND that, as from 1 May 2005, EU citizens are exempted from the visa requirement when travelling to Ukraine for a period of time not exceeding 90 days or transiting through the territory of Ukraine,
   RECOGNISING that if Ukraine would reintroduce the visa requirement for EU citizens, the same facilitations granted under this agreement to the Ukrainian citizens would automatically, on the basis of reciprocity, apply to EU citizens,
   HAVING REGARD to the EU Ukraine Policy Action Plan, which noted that a constructive dialogue on visa facilitation between the EU and Ukraine would be established, with a view to preparing for negotiations on a visa facilitation agreement, taking account of the need for progress on the ongoing negotiations for an EC-Ukraine readmission agreement,
   RECOGNISING that visa facilitation should not lead to illegal migration and paying special attention to security and readmission,
   RECOGNISING the introduction of a visa free travel regime for the citizens of Ukraine as a long term perspective,
   TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community and confirming that the provisions of this agreement do not apply to the United Kingdom and Ireland,
   TAKING INTO ACCOUNT the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community and confirming that the provisions of this agreement do not apply to the Kingdom of Denmark,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose and scope of application
   1.   The purpose of this Agreement is to facilitate the issuance of visas for an intended stay of no more than 90 days per period of 180 days to the citizens of Ukraine.
   2.   If Ukraine would reintroduce the visa requirement for EU citizens or certain categories of EU citizens, the same facilitations granted under this agreement to the Ukrainian citizens would automatically, on the basis of reciprocity, apply to EU citizens concerned.
   Article 2
   General clause
   1.   The visa facilitations provided in this Agreement shall apply to citizens of Ukraine only insofar as they are not exempted from the visa requirement by the laws and regulations of the Community or the Member States, the present agreement or other international agreements.
   2.   The national law of Ukraine, or of the Member States or Community law shall apply to issues not covered by the provisions of this Agreement, such as the refusal to issue a visa, recognition of travel documents, proof of sufficient means of subsistence and the refusal of entry and expulsion measures.
   Article 3
   Definitions
   For the purpose of this Agreement:

               (a)

               ‘Member State’ shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark, the Republic of Ireland and the United Kingdom;

               (b)

               ‘citizen of the European Union’ shall mean a national of a Member State as defined in point (a);

               (c)

               ‘citizen of Ukraine’ shall mean any person who holds the citizenship of Ukraine;

               (d)

               ‘visa’ shall mean an authorisation issued by a Member State or a decision taken by such State which is required with a view to:

                           —

                           entry for an intended stay in that Member State or in several Member States of no more than 90 days in total,

                           —

                           entry for transit through the territory of that Member State or several Member States;

               (e)

               ‘legally residing person’ shall mean a citizen of Ukraine authorised or entitled to stay for more than 90 days in the territory of a Member State, on the basis of Community or national legislation.

         Article 4
   Supporting documents regarding the purpose of the journey
   1.   For the following categories of citizens of Ukraine, the following documents are sufficient for justifying the purpose of the journey to the other Party:

               (a)

               for members of official delegations who, following an official invitation addressed to Ukraine, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of one of the Member States by intergovernmental organisations:

                           —

                           a letter issued by an Ukrainian authority confirming that the applicant is a member of its delegation travelling to the other Party to participate at the aforementioned events, accompanied by a copy of the official invitation;

               (b)

               for business people and representatives of business organisations:

                           —

                           a written request from a host legal person or company, or an office or a branch of such legal person or company, State and local authorities of the Member States or organising committees of trade and industrial exhibitions, conferences and symposia held in the territories of the Member States;

               (c)

               for drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in Ukraine:

                           —

                           a written request from the national association of carriers of Ukraine providing for international road transportation, stating the purpose, duration and frequency of the trips;

               (d)

               for members of train, refrigerator and locomotive crews in international trains, travelling to the territories of the Member States:

                           —

                           a written request from the competent railway company of Ukraine stating the purpose, duration and frequency of the trips;

               (e)

               for journalists:

                           —

                           a certificate or other document issued by a professional organisation proving that the person concerned is a qualified journalist and a document issued by his/her employer stating that the purpose of the journey is to carry out journalistic work;

               (f)

               for persons participating in scientific, cultural and artistic activities, including university and other exchange programmes:

                           —

                           a written request from the host organisation to participate in those activities;

               (g)

               for pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school related activities:

                           —

                           a written request or a certificate of enrolment from the host university, college or school or student cards or certificates of the courses to be attended;

               (h)

               for participants in international sports events and persons accompanying them in a professional capacity:

                           —

                           a written request from the host organisation: competent authorities, national sport Federations and National Olympic Committees of the Member States;

               (i)

               for participants in official exchange programmes organised by twin cities: a written request of the Head of Administration/Mayor of these cities;

               (j)

               for close relatives — spouse, children (including adopted), parents (including custodians), grandparents and grandchildren — visiting citizens of Ukraine legally residing in the territory of the Member States:

                           —

                           a written request from the host person;

               (k)

               relatives visiting for burial ceremonies:

                           —

                           an official document confirming the fact of death as well as confirmation of the family or other relationship between the applicant and the buried;

               (l)

               for visiting military and civil burial grounds:

                           —

                           an official document confirming the existence and preservation of the grave as well as family or other relationship between the applicant and the buried;

               (m)

               for visiting for medical reasons:

                           —

                           an official document of the medical institution confirming necessity of medical care in this institution and proof of sufficient financial means to pay the medical treatment.

         2.   The written request mentioned in paragraph 1 of this Article shall contain the following items:

               (a)

               for the invited person: name and surname, date of birth, sex, citizenship, number of the identity document, time and purpose of the journey, number of entries and name of minor children accompanying the invited person;

               (b)

               for the inviting person: name and surname and address; or

               (c)

               for the inviting legal person, company or organisation: full name and address and

                           —

                           if the request is issued by an organisation, the name and position of the person who signs the request;

                           —

                           if the inviting person is a legal person or company or an office or a branch of such legal person or company established in the territory of a Member State, the registration number as required by the national law of the Member State concerned.

         3.   For the categories of persons mentioned in paragraph 1 of this article, all categories of visas are issued according to the simplified procedure without requiring any other justification, invitation or validation concerning the purpose of the journey, provided for by the legislation of the Member States.
   Article 5
   Issuance of multiple-entry visas
   1.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with the term of validity of up to five years to the following categories of persons:

               (a)

               members of national and regional Governments and Parliaments, Constitutional Courts and Supreme Courts if they are not exempted from the visa requirement by the present Agreement, in the exercise of their duties, with a term of validity limited to their term of office if this is less than 5 years;

               (b)

               permanent members of official delegations who, following official invitations addressed to Ukraine, shall regularly participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Member States by intergovernmental organisations;

               (c)

               spouses and children (including adopted), who are under the age of 21 or are dependant, and parents (including custodians) visiting citizens of Ukraine legally residing in the territory of the Member States with the term of validity limited to the duration of the validity of their authorisation for legal residence.

               (d)

               business people and representatives of business organisations who regularly travel to the Member States;

               (e)

               journalists.

         2.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with the term of validity of up to one year to the following categories of persons, provided that during the previous year they have obtained at least one visa, have made use of it in accordance with the laws on entry and stay of the visited State and that there are reasons for requesting a multiple-entry visa:

               (a)

               drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in Ukraine;

               (b)

               members of train, refrigerator and locomotive crews in international trains, travelling to the territories of the Member States;

               (c)

               persons participating in scientific, cultural and artistic activities, including university and other exchange programmes, who regularly travel to the Member States;

               (d)

               participants in international sports events and persons accompanying them in a professional capacity;

               (e)

               participants in official exchange programmes organised by twin cities.

         3.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with the term of validity of a minimum of two years and a maximum of five years to the categories of persons referred to in paragraph 2 of this Article, provided that during the previous two years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay of the visited State and that the reasons for requesting a multiple-entry visa are still valid.
   4.   The total period of stay of persons referred to in paragraphs 1 to 3 of this Article shall not exceed 90 days per period of 180 days in the territory of the Member States.
   Article 6
   Fees for processing visa applications
   1.   The fee for processing visa applications of Ukrainian citizens shall amount to EUR 35. The aforementioned amount may be reviewed in accordance with the procedure provided for in Article 14(4).
   2.   If Ukraine would reintroduce the visa requirement for EU citizens, the visa fee to be charged by Ukraine shall not be higher than EUR 35 or the amount agreed if the fee is reviewed in accordance with the procedure provided for in Article 14(4).
   3.   The Member States shall charge a fee of EUR 70 for processing visas in cases where the visa application and the supporting documents have been submitted by the visa applicant within three days before his/her envisaged date of departure. This will not apply to cases pursuant to Article 6(4)(b), (c), (e), (f), (j), (k) and Article 7(3). For categories mentioned in Article 6(4)(a), (d), (g), (h), (i), (l) to (n), the fee in urgent cases is the same as provided for in Article 6(1).
   4.   Fees for processing the visa application are waived for the following categories of persons:

               (a)

               for close relatives — spouses, children (including adopted) parents (including custodians), grandparents and grandchildren — of citizens of Ukraine legally residing in the territory of the Member States;

               (b)

               for members of official delegations who, following an official invitation addressed to Ukraine, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of one of the Member States by intergovernmental organisations;

               (c)

               members of national and regional Governments and Parliaments, Constitutional Courts and Supreme Courts, in case they are not exempted from the visa requirement by the present Agreement;

               (d)

               pupils, students, post-graduate students and accompanying teachers who undertake trips for the purpose of study or educational training;

               (e)

               disabled persons and the person accompanying them, if necessary;

               (f)

               persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment and the person accompanying such person, or to attend a funeral of a close relative, or to visit a close relative seriously ill;

               (g)

               participants in international sports events and persons accompanying them;

               (h)

               persons participating in scientific, cultural and artistic activities including university and other exchange programmes;

               (i)

               participants in official exchange programmes organised by twin cities;

               (j)

               journalists;

               (k)

               pensioners;

               (l)

               drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in Ukraine;

               (m)

               members of train, refrigerator and locomotive crews in international trains, travelling to the territories of the Member States;

               (n)

               children under the age of 18 and dependant children under the age of 21.

         Article 7
   Length of procedures for processing visa applications
   1.   Diplomatic missions and consular posts of the Member States shall take a decision on the request to issue a visa within 10 calendar days of the date of the receipt of the application and documents required for issuing the visa.
   2.   The period of time for taking a decision on a visa application may be extended up to 30 calendar days in individual cases, notably when further scrutiny of the application is needed.
   3.   The period of time for taking a decision on a visa application may be reduced to two working days or less in urgent cases.
   Article 8
   Departure in case of lost or stolen documents
   Citizens of the European Union and of Ukraine who have lost their identity documents, or from whom these documents have been stolen while staying in the territory of Ukraine or the Member States, may leave that territory on the grounds of valid identity documents entitling to cross the border issued by diplomatic missions or consular posts of the Member States or of the Ukraine without any visa or other authorisation.
   Article 9
   Extension of visa in exceptional circumstances
   The citizens of Ukraine who do not have the possibility to leave the territory of the Member States by the time stated in their visas for reasons of force majeure shall have the term of their visas extended free of charge in accordance with the legislation applied by the receiving State for the period required for their return to the State of their residence.
   Article 10
   Diplomatic passports
   1.   Citizens of Ukraine, holders of valid diplomatic passports can enter, leave and transit through the territories of the Member States without visas.
   2.   Persons mentioned in paragraph 1 of this Article may stay in the territories of the Member States for a period not exceeding 90 days per period of 180 days.
   Article 11
   Territorial validity of visas
   Subject to the national rules and regulations concerning national security of the Member States and subject to EU rules on visas with limited territorial validity, the citizens of Ukraine shall be entitled to travel within the territory of the Member States on equal basis with European Union citizens.
   Article 12
   Joint Committee for management of the Agreement
   1.   The Parties shall set up a joint committee of experts (hereinafter referred to as ‘the Committee’), composed by representatives of the European Community and of Ukraine. The Community shall be represented by the Commission of the European Communities, assisted by experts from the Member States.
   2.   The Committee shall, in particular, have the following tasks:

               (a)

               monitoring the implementation of the present Agreement;

               (b)

               suggesting amendments or additions to the present Agreement;

               (c)

               settling disputes arising out of the interpretation or application of the provisions in this Agreement.

         3.   The Committee shall meet whenever necessary at the request of one of the Parties and at least once a year.
   4.   The Committee shall establish its rules of procedure.
   Article 13
   Relation of this Agreement with bilateral Agreements between Member States and Ukraine
   As from its entry into force, this Agreement shall take precedence over provisions of any bilateral or multilateral agreements or arrangements concluded between individual Member States and Ukraine, insofar as the provisions of the latter agreements or arrangements cover issues dealt with by the present Agreement.
   Article 14
   Final clauses
   1.   This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures and shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to above have been completed.
   2.   By way of derogation to paragraph 1 of this Article, the present agreement shall only enter into force at the date of the entry into force of the Agreement between the European Community and Ukraine on readmission of persons if this date is after the date provided for in paragraph 1 of this Article.
   3.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 6 of this Article.
   4.   This Agreement may be amended by written agreement of the Parties. Amendments shall enter into force after the Parties have notified each other of the completion of their internal procedures necessary for this purpose.
   5.   Each Party may suspend in whole or in part this Agreement for reasons of public order, protection of national security or protection of public health. The decision on suspension shall be notified to the other Party not later than 48 hours before its entry into force. The Party that has suspended the application of this Agreement shall immediately inform the other Party once the reasons for the suspension no longer apply.
   6.   Each Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of such notification.

      Done at Luxembourg on the eighteenth day of June in the year two thousand and seven, in duplicate each in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Ukrainian languages, each of these texts being equally authentic.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar
         3a Євролейське Спiвтовaриство

         За Укрaйнa
         Por Ucrania
         Za Ukrajinu
         For Ukraine
         Für die Ukraine
         Ukraina nimel
         Για την Ουκρανία
         For Ukraine
         Pour l'Ukraine
         Per l'Ucraina
         Ukrainas vārdā
         Ukrainos vardu
         Ukrajna részéről
         Għall-Ukrajna
         Voor Oekraïne
         W imieniu Ukrainy
         Pela Ucrânia
         Pentru Ucraina
         Za Ukrajinu
         Za Ukrajino
         Ukrainan puolesta
         På Ukrainas vägnar
         3а Уκраїну

   PROTOCOL TO THE AGREEMENT ON THE MEMBER STATES THAT DO NOT FULLY APPLY THE SCHENGEN ACQUIS

   Those Member States which are bound by the Schengen acquis but which do not issue yet Schengen visas, while awaiting the relevant decision of the Council to that end, shall issue national visas the validity of which is limited to their own territory.
   These Member States may unilaterally recognise Schengen visas and residence permits for the purpose of transit through their territory, in accordance with Council Decision No 895/2006/EC.
   EUROPEAN COMMUNITY DECLARATION ON ISSUANCE OF SHORT-STAY VISAS FOR VISITS OF MILITARY AND CIVIL BURIAL GROUNDS
   Diplomatic missions and consular posts of the Member States, shall as a general rule, issue short-stay visas for a period of up to 14 days for persons visiting military and civil burial grounds.
   JOINT DECLARATION CONCERNING DENMARK
   The Parties take note that the present Agreement does not apply to the procedures for issuing visas by the diplomatic missions and consular posts of the Kingdom of Denmark.
   In such circumstances, it is desirable that the authorities of Denmark and of Ukraine conclude, without delay, a bilateral agreement on the facilitation of the issuance of visas in similar terms as the Agreement between the European Community and Ukraine.
   JOINT DECLARATION CONCERNING THE UNITED KINGDOM AND IRELAND
   The Parties take note that the present Agreement does not apply to the territory of the United Kingdom and Ireland.
   In such circumstances, it is desirable that the authorities of the United Kingdom, Ireland and Ukraine, conclude bilateral agreements on the facilitation of the issuance of visas.
   JOINT DECLARATION CONCERNING ICELAND AND NORWAY
   The Parties take note of the close relationship between the European Community and Norway and Iceland, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis.
   In such circumstances, it is desirable that the authorities of Norway, Iceland and Ukraine conclude, without delay, bilateral agreements on the facilitation of the issuance of visas in similar terms as the Agreement between the European Community and Ukraine.
   COMMISSION DECLARATION ON THE MOTIVATION OF THE DECISION TO REFUSE A VISA
   Recognising the importance of transparency for visa applicants, the European Commission recalls that the legislative proposal on the recast of the Common Consular Instructions on visas for the diplomatic missions and consular posts has been adopted on 19 July 2006 and addresses the issue of the motivation of visa refusals and appeal possibilities.
   EUROPEAN COMMUNITY DECLARATION ON ACCESS OF VISA APPLICANTS AND HARMONISATION OF INFORMATION ON PROCEDURES FOR ISSUING SHORT-STAY VISAS AND DOCUMENTS TO BE SUBMITTED WHEN APPLYING FOR SHORT-STAY VISAS
   Recognising the importance of transparency for visa applicants, the European Community recalls that the legislative proposal on the recast of the Common Consular Instructions on visas for the diplomatic missions and consular posts has been adopted on 19 July 2006 by the European Commission and addresses the issue of conditions of access of visa applicants to diplomatic missions and consular posts of the Member States.
   Regarding the information to be provided to visa applicants the European Community considers that appropriate measures should be taken:

               —

               in general, to draw up basic information for applicants on the procedures and conditions for applying for visas and on their validity,

               —

               the European Community will draw up a list of minimum requirements in order to ensure that Ukrainian applicants are given coherent and uniform basic information and are required to submit, in principle, the same supporting documents.

         The information mentioned above is to be disseminated widely (on the notice boards of consulates, in leaflets, on websites, etc.).
   The diplomatic missions and consular posts of the Member States shall provide information about existing possibilities under the Schengen acquis for facilitation of the issuing of short-stay visas on a case-by-case basis.
   DRAFT POLITICAL DECLARATION ON LOCAL BORDER TRAFFIC
   DECLARATION FROM POLAND, HUNGARY, SLOVAK REPUBLIC AND ROMANIA
   The Republic of Hungary, the Republic of Poland, the Slovak Republic, as well as Romania as from the date of joining the EU, declare their willingness to enter into negotiations of bilateral agreements with Ukraine for the purpose of implementing the local border traffic regime established by the EC Regulation adopted on 5 October 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the Schengen Convention.


title: 2008/539/EC: Decision of the European Parliament of 24 April 2007 on the discharge for implementation of the budget for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/189

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for implementation of the budget for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005
   (2008/539/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Commission report on the follow-up to the 2004 discharge decisions (COM(2006)0641 and its Annex SEC(2006) 1376),
   having regard to the financial statements and revenue and expenditure accounts for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005 (COM(2006) 0429 — C6-0264/2006) (1),
   having regard to the report on the financial management of the Sixth, Seventh, Eighth and Ninth European Development Funds for the year 2005 (COM(2006) 0405),
   having regard to the Court of Auditors' annual report on the activities funded by the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005, together with the audited institutions' replies (2),
   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 (3),
   having regard to the Council's Recommendations of 27 February 2007 (6061/2007 — C6-0094/2007, 6062/2007 — C6-0095/2007, 6063/2007 — C6-0096/2007, 6064/2007 — C6-0097/2007),
   having regard to Article 33 of the Internal Agreement of 20 December 1995, between the representatives of the governments of the Member States meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (4),
   having regard to Article 32 of the Internal Agreement of 18 September 2000, between the representatives of the governments of the Member States meeting within the Council, on the financing and administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000, and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (5),
   having regard to Article 276 of the EC Treaty,
   having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (6),
   having regard to Article 119 of the Financial Regulation of 27 March 2003 applicable to the Ninth European Development Fund (7),
   having regard to Rules 70 and 71, third indent, of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A6-0115/2007),

               A.

               whereas, in its statement of assurance on the European Development Funds (EDFs), the Court of Auditors concludes that, with certain exceptions, the accounts for the financial year 2005 reliably reflect the revenue and expenditure for the financial year and the financial situation at the end of the year,

               B.

               whereas the Court of Auditors' conclusion on the legality and regularity of the underlying transactions is based, inter alia, on the audit of a sample of transactions,

               C.

               whereas the Court of Auditors, on the basis of the documentation examined, is of the opinion that the revenue entered in the accounts, the EDF allocations and the commitments and payments are, taken as a whole, legal and regular,

               1.

               Grants the Commission discharge for implementation of the budget for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the accompanying Resolution to the Council, the Commission, the Court of Justice, the Court of Auditors and the European Investment Bank, and to have them published in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 265, 31.10.2006, p. 1.

      (2)  OJ C 263, 31.10.2006, p. 205.

      (3)  OJ C 263, 31.10.2006, p. 213.

      (4)  OJ L 156, 29.5.1998, p. 108.

      (5)  OJ L 317, 15.12.2000, p. 355.

      (6)  OJ L 191, 7.7.1998, p. 53.

      (7)  OJ L 83, 1.4.2003, p. 1.
    ---documentbreak---

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/191

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for implementation of the budget for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005
   THE EUROPEAN PARLIAMENT,
   having regard to the Commission report on the follow-up to the 2004 discharge decisions (COM(2006)0641 and its annex SEC(2006) 1376),
   having regard to the financial statements and revenue and expenditure accounts for the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005 (COM(2006) 0429 — C6-0264/2006) (1),
   having regard to the report on the financial management of the Sixth, Seventh, Eighth and Ninth European Development Funds for the year 2005 (COM(2006) 0405),
   having regard to the Court of Auditors' annual report on the activities funded by the Sixth, Seventh, Eighth and Ninth European Development Funds for the financial year 2005, together with the audited institutions' replies (2),
   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 (3),
   having regard to the Council's Recommendations of 27 February 2007 (6061/2007 — C6-0094/2007, 6062/2007 — C6-0095/2007, 6063/2007 — C6-0096/2007, 6064/2007 — C6-0097/2007),
   having regard to Article 33 of the Internal Agreement of 20 December 1995, between the representatives of the governments of the Member States meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (4),
   having regard to Article 32 of the Internal Agreement of 18 September 2000, between the representatives of the governments of the Member States meeting within the Council, on the financing and administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000, and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (5),
   having regard to Article 276 of the EC Treaty,
   having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (6),
   having regard to Article 119 of the Financial Regulation of 27 March 2003 applicable to the Ninth European Development Fund (7),
   having regard to Rules 70 and 71, third indent, of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A6-0115/2007),

               A.

               whereas Article 119 of the Financial Regulation of 27 March 2003 requires the Commission to take all appropriate steps to act on the observations accompanying the Decision giving discharge and to report, at the request of the European Parliament, on the measures taken in the light of those observations and comments,

               B.

               whereas the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (8), was revised by the agreement signed in Luxembourg on 25 June 2005 (9),

         The statement of assurance

               1.

               Notes that, notwithstanding the problems detailed below, the European Court of Auditors (ECA) is of the opinion that the accounts reliably reflect the revenue and expenditure relating to the Sixth, Seventh, Eighth and Ninth European Development Funds (EDFs):

                           a)

                           the inability of the existing IT system to provide full accounting information;

                           b)

                           incomplete information on bank guarantees, resulting in an understatement of guarantees of 4 %;

               2.

               Notes that, with regard to the underlying transactions, the ECA is of the opinion that the revenue, EDF allocations, commitments and payments are, taken as a whole, legal and regular;

               3.

               Recalls that about half of the total allocations consist of programmable aid, intended for the implementation of projects; observes that these funds are implemented in two steps: the Commission takes the financing decision — shown in the accounts as financial commitment; the conclusion of contracts — shown in the accounts as individual legal commitments — and the authorization of payments are carried out by the national authorising officer (NAO) of the country concerned, in accordance with the financing agreement between the Commission and that particular country;

               4.

               Highlights that the ECA observed an increased risk of errors affecting transactions that fall within the responsibility of the NAOs; notes that, as regards individual legal commitments, the errors detected concerned, for example, the use of appropriate tendering procedures, in particular under the programme estimates and grant agreements, banking guarantees and the failure to meet deadlines for starting the implementation of programmes; observes that, with regard to payments, errors concerned the amounts of payments and other errors such as non-compliance with contractual obligations;

               5.

               Recognises, in line with the ECA, the Commission's efforts to build the NAOs' management capacity by providing technical assistance, equipment and training; is however worried that the ECA may judge the results of these efforts to be variable; requests the Commission to refine its support strategy as regards problematic cases;

         Enhancing accountability in the Commission's management of EDF funds

               6.

               Recalls that, in the previous discharge Resolution, Parliament called upon the Commission to clarify the breakdown of the Commissioners' responsibilities as regards the EDF and external aid; is conscious of the Commission's position that the division of responsibilities, despite a certain complexity due to the need for coordination of different Commission services, works well in practice; nevertheless, calls upon the Commission to reflect on possible ways to simplify the current management structure in order to minimise the risk of ambiguities as regards responsibilities for the EDF;

         Stepping up democratic control over EDF funds managed by the European Investment Bank

               7.

               Notes that, out of the total initial allocation of the Ninth EDF, which amounts to EUR 13 800 million, the European Investment Bank (EIB) is responsible for EUR 2 200 million, which is spent through the EDF investment facility; observes that the investment facility is neither covered by the ECA's statement of assurance nor by the Parliament's discharge procedure;

               8.

               Proposes that the EIB give an account of its management of the EDF investment facility before Parliament's Committee on Budgetary Control and points out that, pursuant to Title VII of the Financial Regulation applicable to the Ninth EDF, the EIB-managed EDF accounts are subject to examination by the ECA;

               9.

               Reiterates the view taken in previous discharge Resolutions that there is a certain discrepancy in the current EDF Financial Regulation as regards the EDF accounts: whereas, in the course of the discharge procedure, the Commission presents the consolidated EDF accounts to Parliament including the financial statements and information supplied by the EIB, Parliament subsequently only examines the accounts excluding the information provided by the EIB;

               10.

               Recalls that the ECA, in its Opinion No 12/2002 (10), regretted that the EDF operations managed by the EIB were not subject to a discharge procedure involving the Parliament and the Council; supports the ECA's arguments that those operations were conducted by the EIB on behalf of and at the Community's risk and that, in the beginning, the funds for those operations were contributed by European taxpayers and not by the financial markets;

               11.

               Is convinced that transparency and democratic control over EDF funds managed by the EIB would be strengthened if these operations were subject to a discharge procedure involving the Parliament and the Council; calls on Member States, the Commission and the EIB to address this issue during the forthcoming revision of the EDF Financial Regulation;

         Tackling resource constraints

               12.

               Concludes once again that integration of the EDF into the EU budget would enhance the overall consistency of European development cooperation, ensure greater transparency and effectiveness and facilitate democratic scrutiny;

               13.

               Is concerned that the Commission, in its financial management report, indicates that, due to resource constraints, some areas of financial control were overlooked, with the monitoring of Stabex programmes and the implementation of ex post controls constituting appropriate examples; furthermore notes that annual activity reports by both DG AIDCO (EuropeAid) and DG Development predict a shortage of staff in the face of significant increases in workload during the coming years;

               14.

               Notes that the Commission uses benchmarks derived from the comparison with other donors, and that the Commission has set itself the target of maintaining a ratio of 4,5 staff per EUR 10 million of assistance; is of the opinion that the fact of reaching a certain overall ratio of staff per EUR 10 million of assistance cannot in itself give the discharge authority sufficient assurance that implementation and financial control do not suffer from the existing shortage of staff as recognised by the Commission itself;

               15.

               Requests, in line with the ECA, that the Commission, in its financial management report for 2006, indicates the priorities which have been established as a result of the existing resource constraints and the impact on the implementation of the EDFs;

               16.

               Calls upon the Commission to review its audit strategy and to reorganise existing audit structures and staff and, not least in view of the possible resource constraints, to consider closer cooperation with national experts from the Member States' administrations in the financial management of EDF funds in general and the extended use of well known and highly reputable private enterprises from the Member States in the execution of programmes and individual projects;

         Building solid IT systems for accounting and management purposes

               17.

               Shares the ECA's concerns with regard to the fact that the current accounting system did not deliver full accounting information for the financial year 2005 and that, therefore, the accounts had to be complemented manually in order to comply with accrual accounting principles;

               18.

               Is worried about the result of an audit of EuropeAid's local IT system carried out by EuropeAid's internal audit capacity, stating that application controls were adequate, but that system administration and system security only met the minimum standards according to ‘leading practices’;

               19.

               Notes that the management of EDF funds will be migrated to the same IT system used for the management of development aid financed from the general budget (CRIS — ABAC); observes that the migration has been delayed and is now scheduled to be carried out by the end of 2007, on time for the start of the Tenth EDF in 2008; calls upon the Commission to inform Parliament about the results of the migration process; expects the Commission to ensure that during the migration process complete and reliable accounting information be provided to the ECA and the discharge authority;

               20.

               Welcomes the Commission's willingness to inform Parliament about the integration of the financial administration of the EDF into the Common RELEX Information System (CRIS) in July and then again in September;

               21.

               Supports the Commission's intention to improve EuropeAid's IT system not only as regards its functioning as an accounting tool, but also as a management tool; requests the Commission, in this context, to pay particular attention to an improved and coherent follow-up of audit findings;

         Evaluating the impact of EU funding of development aid through the EDF

               22.

               Is convinced that measuring the output of EU development aid funded through the EDF requires — as a first step — that the Commission work with the partners in the beneficiary countries towards setting as precise objectives as possible, which allow for progress to be easily and exactly measured at each stage of implementation;

               23.

               Notes that the Commission, in its follow-up to the 2004 discharge which was presented in October 2006, indicates that, with regard to the 2007-2013 round of country programming, it is in the process of developing recommendations for the use of meaningful indicators in each of the domains of concentration covered by the programming documents;

               24.

               Considers that it is crucial that meaningful performance indicators be included in the programming process right from the beginning; calls upon the Commission to indicate, in its financial management report for 2006, to what extent the recommendations for the setting of performance indicators have been implemented in time in the programming process for the period 2007-13;

               25.

               Expects the Commission to instruct its delegations in the beneficiary countries as a general rule to spell out in its reports the practical results of the deployment of EU funds so that the Commission can gauge and publicise the results of EU development cooperation;

         Further improving the implementation of EDF funds

               26.

               Is hopeful that the forecast in the performance assessment will come true, stating that all funds of the Ninth EDF will be committed by the end of 2007 when the Ninth EDF expires; requests the Commission to inform Parliament, in time for the discharge concerning the financial year 2006, about the evolution of the commitments concerning the Ninth EDF, the situation with regard to previous EDFs and the situation with regard to payments;

               27.

               Recalls that the reduction of outstanding commitments (reste à liquider (RAL)) has been a long-standing concern of Parliament in previous discharge exercises; supports the Commission's recent initiatives to reduce the RAL; notes that, in 2006, the RAL was reduced for the first time and now stands at EUR 10 324 million; notes that the ‘old’ RAL, i.e. commitments which are over five years old, has been reduced from EUR 1,62 billion to EUR 867 million; notes that the dormant commitments, i.e. those for which no contract has been signed and for which no payments have been made over the last two years, have been reduced from EUR 350 million to EUR 285 million; requests the Commission to pursue its efforts to reduce the RAL and to report back, in detail, to the discharge authority on progress made;

               28.

               Notes that the report on financial management for the financial year 2005 was forwarded late; expects the Commission to provide, in its financial management report for the financial year 2006, more detailed information as requested by the ECA, in particular information on the strategy to reduce the level of dormant commitments;

               29.

               Welcomes the fact that the share of EU funding spent on the basic health and basic education sectors was raised from 4,98 % to 6,83 %; regrets however the fact that this share is still far removed from the 20 % target which it set in the 2005 budget; cannot accept the fact that the Commission is using the legitimate and necessary objective of better donor coordination and work-sharing between donors as an excuse for too low a level of investment in the basic health and basic education sectors and urges it to adopt measures forthwith to achieve the 20 % target and inform Parliament in writing at least twice a year about the progress of implementation and about the factors taken into account in the calculation;

               30.

               Regrets the fact that the Commission has not so far developed any comprehensive strategy together with the beneficiary countries for making the health and education sectors priorities in the new country strategy papers;

               31.

               Further regrets that, despite assurances to the contrary from the Commission, country strategy papers currently under preparation generally lack a clear Millenium Development Goal (MDG) profile, not to mention specific targets and timetables for achieving each MDG, and fail to treat adequately the Community's contribution to achieving them;

               32.

               Calls on the Commission to keep a closer watch on the emigration of skilled labour from developing countries to EU countries and to propose appropriate measures for enabling skilled people from developing countries to remain in, or return to, their home countries so that action by donors, for example in the health and education sectors, can be of long-term and effective benefit in combating poverty in the developing countries;

               33.

               Welcomes the Commission's efforts to implement the strategy for incorporating the environment into development cooperation, and calls on the Commission to continue to press ahead with the environmental dimension in development policy, including measures to promote environmentally friendly energy supply;

         Ensuring sound financial management with regard to budget support

               34.

               Observes that the Commission considers budget support granted to the beneficiary countries to be an ever more important tool for efficient delivery of development policies; notes that the share of EDF commitments in the field of general and sectoral budget support rose considerably, from 18 % in 2004 to 32 % in 2005;

               35.

               Points out that the ECAs' control powers in the field of budget support are limited; quotes the example that, with regard to the legality and regularity of underlying transactions, the ECA can only verify that the relevant conditions have been properly assessed by the Commission; therefore, strongly supports the ECAs' request that the Commission should set out in a structured and detailed manner, in its financial management report for 2006, the criteria leading to the Commission's conclusions on the relevant country's eligibility for budget support; welcomes the Commission's commitment to provide the information requested;

               36.

               Reiterates that Parliament, in line with the ECA, attaches great importance to the role of national supreme audit institutions (SAIs) in countries which are the recipients of budget support; insists on receiving, as requested in the previous discharge resolution, the Commission's assessment of the different possibilities for the European Community to cooperate with those SAIs;

               37.

               Welcomes the Commission's initiative to support twinning projects involving national experts from Member States' SAIs and SAIs in budget support recipient countries, such as the cooperation between the UK National Audit Office and the Ghana Audit Office; asks the Commission to further explore the use of expertise of Member States' SAIs in order to step up public financial control in the partner countries;

         Supervisory and control systems

               38.

               Notes the ECAs' view that a coherent overall control strategy with regard to the management of EDF funds and external aid has yet to be established; welcomes the ECAs' concrete recommendations for elements to be included in this strategy; observes that the Commission's Action Plan towards an Integrated Internal Control Framework (11) envisages common guidelines which are to be established for each policy family and that this should result in clearer and more coherent reporting in the annual activity reports; recognises the Commission's willingness to further improve the supervisory and control systems and the concrete measures it proposed in this respect; asks the Commission to report, in the light of the ECAs' concrete recommendations, on the progress achieved in the forthcoming annual activity reports;

               39.

               Welcomes the fact that the ECA has recorded an improvement in the Commission's supervisory and control systems; regrets however the fact that this improvement does not extend to supervision, control and audit of the implementing institutions; considers it unacceptable that, as a result, such a large number of material errors continue to occur at a central point in the chain between the European taxpayer and the final beneficiary in the developing country;

               40.

               Calls on the Commission to develop and implement a comprehensive approach towards supervision, control and audit of the implementing organisations so as to ensure the proper application of contractual procedures by the implementing organisations, which has too often not been the case hitherto;

               41.

               Calls on the Commission, with a view to improving financial supervision, to ensure that EuropeAid provides better support for the operational financial personnel in delegations and central services, arranges for better risk analysis focusing on particularly high-risk sectors and more monitoring visits, achieves better central supervision of performance and follow-up of external audits initiated by delegations and central services and initiates fewer ex post verifications while at the same time improving their scope, timing and quality control;

               42.

               In general, strongly supports the ECAs' request that the Commission should set out in detail how it has followed up the ECAs' audit findings in the annual activity reports and in the reports on financial management of the EDF funds.

      (1)  OJ C 265, 31.10.2006, p. 1.

      (2)  OJ C 263, 31.10.2006, p. 205.

      (3)  OJ C 263, 31.10.2006, p. 213.

      (4)  OJ L 156, 29.5.1998, p. 108.

      (5)  OJ L 317, 15.12.2000, p. 355.

      (6)  OJ L 191, 7.7.1998, p. 53.

      (7)  OJ L 83, 1.4.2003, p. 1.

      (8)  OJ L 317, 15.12.2000, p. 3.

      (9)  OJ L 287, 28.10.2005, p. 4.

      (10)  OJ C 12, 17.1.2003, p. 19.

      (11)  OJ C 67, 18.3.2006, p. 32.


title: Decision (EU) 2015/1709 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the ENIAC Joint Undertaking for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/424

      DECISION (EU) 2015/1709 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the ENIAC Joint Undertaking for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the ENIAC Joint Undertaking for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the ENIAC Joint Undertaking for the financial year 2013, together with the Joint Undertaking's replies (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 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2013 (05306/2015 — C8-0049/2015),

                  —

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

                  —

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

                  —

                  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 (4), and in particular Article 209 thereof,

                  —

                  having regard to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (5),

                  —

                  having regard to Council Regulation (EC) No 561/2014 of 6 May 2014 establishing the ECSEL Joint Undertaking (6), and in particular Article 1(2) and Article 12 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 (7),

                  —

                  having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (8),

                  —

                  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 (A8-0104/2015),

         1.

            Postpones its decision on granting the Executive Director of the ECSEL Joint Undertaking discharge in respect of the implementation of the ENIAC Joint Undertaking's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this decision and the resolution forming an integral part of it to the Executive Director of the ECSEL Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 452, 16.12.2014, p. 26.

         (2)  OJ C 452, 16.12.2014, p. 27.

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

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

         (5)  OJ L 30, 4.2.2008, p. 21.

         (6)  OJ L 169, 7.6.2014, p. 152.

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

         (8)  OJ L 38, 7.2.2014, p. 2.


title: 2010/742/EU: Decision of the European Parliament and of the Council of 24 November 2010 on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2009/028 NL/Limburg Division 18 from the Netherlands)

text:
               4.12.2010

               EN

               Official Journal of the European Union

               L 318/39

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 24 November 2010
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2009/028 NL/Limburg Division 18 from the Netherlands)
   (2010/742/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

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

               (4)

               The Netherlands submitted an application on 30 December 2009 to mobilise the EGF, in respect of redundancies in nine enterprises operating in NACE Revision 2 Division 18 (printing and reproduction of recorded media) in the NUTS II region Limburg (NL42) and supplemented it with additional information up to 6 May 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 549 946.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the Netherlands,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 549 946 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 24 November 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 139, 14.6.2006, p. 1.

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


title: Commission Decision of 9 December 2016 on the conclusion, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, on the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               15.12.2016

               EN

               Official Journal of the European Union

               C 467/16

         COMMISSION DECISION
   of 9 December 2016
   on the conclusion, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, on the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   (2016/C 467/06)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty Establishing the European Atomic Energy Community and in particular Article 101(2) thereof,
   Having regard to the Council decision approving the conclusion by the Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, on the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union,
   Whereas:

               (1)

               The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (‘the SAA’) was signed on 16 June 2008 and entered into force on 1 June 2015 (1).

               (2)

               The Republic of Croatia became a Member State of the Union on 1 July 2013.

               (3)

               In accordance with the second subparagraph of Article 6(2) of the 2012 Act concerning the conditions of accession of the Republic of Croatia to the European Union, the accession of Croatia to the SAA should be agreed by the conclusion of a protocol to the SAA by the Council, acting unanimously on behalf of the Member States, and by the third country concerned.

               (4)

               On 24 September 2012, the Council authorised the Commission to open negotiations with Bosnia and Herzegovina in order to conclude a protocol to the SAA.

               (5)

               Those negotiations were successfully completed and the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’) was initialled on 18 July 2016.

               (6)

               The Protocol covers matters falling within the competence of the European Atomic Energy Community.

               (7)

               The Protocol should be concluded by the Commission on behalf of the European Atomic Energy Community as regards matters falling within the competence of the European Atomic Energy Community.

               (8)

               On 21 November 2016 the Council adopted a decision approving the conclusion of the Protocol by the Commission on behalf of the European Atomic Energy Community (2).

               (9)

               The signing and conclusion of the Protocol is subject to a separate procedure as regards matters falling under the Treaty on European Union and the Treaty on the Functioning of the European Union.

               (10)

               The Protocol should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The conclusion on behalf of the European Atomic Energy Community of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, on the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved.
   The text of the Protocol is attached to Council Decision on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol (3).
   Article 2
   The Member of the Commission responsible for European Neighbourhood Policy and Enlargement Negotiations is hereby authorised to sign the Protocol, and to deposit the notification provided for in Article 7 of the Protocol.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 9 December 2016.

            For the Commission

         Johannes HAHN

            Member of the Commission

      (1)  OJ L 164, 30.6.2015, p. 2.

      (2)  Not yet published in the Official Journal.

      (3)  Not yet published in the Official Journal.


title: 2013/379/EU: Political and Security Committee Decision EU BAM Rafah/1/2013 of 9 July 2013 on the appointment of the Head of European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

text:
               16.7.2013

               EN

               Official Journal of the European Union

               L 193/19

         POLITICAL AND SECURITY COMMITTEE DECISION EU BAM RAFAH/1/2013
   of 9 July 2013
   on the appointment of the Head of European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
   (2013/379/EU)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Joint Action 2005/889/CFSP of 25 November 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (1), and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Pursuant to Joint Action 2005/889/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah), including the decision to appoint a Head of Mission.

               (2)

               On 23 May 2013, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Mr Gerhard SCHLAUDRAFF as Head of EU BAM Rafah from 1 July 2013 to 30 June 2014.

               (3)

               Council Decision 2013/355/CFSP of 3 July 2013 amending and extending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (2) extended the duration of EU BAM Rafah until 30 June 2014,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Gerhard SCHLAUDRAFF is hereby appointed Head of European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) from 1 July 2013 to 30 June 2014.
   Article 2
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 July 2013.

      Done at Brussels, 9 July 2013.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 327, 14.12.2005, p. 28.

      (2)  OJ L 185, 4.7.2013, p. 16.