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31999D0525

1999/525/EC: Council Decision of 12 July 1999 on the conclusion of an Agreement between the European Community and the Lao People's Democratic Republic on trade in textile products

Official Journal L 208 , 06/08/1999 P. 0001 - 0001

COUNCIL DECISIONof 12 July 1999on the conclusion of an Agreement between the European Community and the Lao People's Democratic Republic on trade in textile products(1999/525/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2) first sentence thereof,Having regard to the proposal from the Commission,Whereas:(1) the Commission has negotiated on behalf of the European Community an Agreement between the European Community and the Lao People's Democratic Republic on trade in textile products, initialled on 16 June 1998;(2) pursuant to Decision 678/98/EC(1), pending the completion of procedures required for its conclusion, this Agreement has been applied on a provisional basis from 1 December 1998,HAS ADOPTED THIS DECISION:Article 1The Agreement between the European Community and the Lao People's Democratic Republic on trade in textile products is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person empowered to sign the Agreement between the European Community and the Lao People's Democratic Republic in order to bind the Community.Done at Brussels, 12 July 1999.For the CouncilThe PresidentS. NIINISTÖ(1) OJ L 321, 30.11.1998, p. 41.


title: Council Decision of 19 February 1973 giving a discharge to the Commission in respect of the implementation of the research and investment budget of the EAEC for the financial year 1970

text:
2 . 6 . 73                           Official Journal of the European Communities                        No L 145 /27
                                                   COUNCIL DECISION
                                                     of 19 February 1973
           giving a discharge to the Commission in respect of the implementation of the research
                             and investment budget of the EAEC for the financial year 1970
                                                      (73 / 115/Euratom)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
           Having regard to the Treaty establishing the European Atomic Energy Community, and
           in particular Article 180 thereof;
           Having regard to the accounts of revenue and expenditure and the part of the financial
           statements relating to the implementation of the research and investment budget for the
           financial year 1970 ;
           Having regard to the Report (*) of the Audit Board on the accounts for the financial
           year 1970, to which report are annexed the replies of the Commission ;
           Whereas the Council has adopted the budget (2) for the financial year 1970 ;
           Whereas certain appropriations available at the close of the abovementioned year have
           been carried forward to the following financial year;
           Whereas the general implementation by the Commission of the budget for the financial
           year * 1970 was such as to entitle it to be given a discharge in respect of the
           implementation of this budget;
           HAS DECIDED AS FOLLOWS :
                                                            Article 1
           The Council closes at the following sums the total expenditure and the total revenue to
           cover that expenditure under the research and investment budget for the financial year
           1970 :
           Expenditure (units of account)
           1 . Commitments :
               ( a) contracted during the financial year 1970, at                          58 308 400-00
               ( b ) still unsettled at 31 . 12 . 1969, at                                 35 439 866-95
                (c) released from previous financial years, at                                793 152-78
               ( d) total commitments for 1970 (a + b—c), at                               92 955 114-17
                (e) paid in 1970, at                                                       64 942 916-17
                 (f) cancelled in 1970                                                        867 614-47
               (g) still unsettled at 31 . 12. 1970 (d—(e + f)), at                        27 144 583-53
           2. Payments, at                                                                 64 942 916 17
           (') This Report is available from the institutions of the European Communities.
           (-) OJ No L 92, 27. 4. 1970, p. 1 .
 ---pagebreak--- No L 145/28                           Official Journal of the European Communities                                    2. 6. 7?
Revenue (u.a.) ( 1 )
                                                               1st part of the                               2nd part of the
                                                                    budget                                        budget
                                              Joint Programme                 Additional    Total of first
                                                     1969/70                 Programmes     part of budget
                                                     previous                   1969/70
                                                  Programmes
                                                aild other joint
                                                  expenditure
At the sum of                                     30 345 949-13              25 257 501-01   55 603 450-14      3 825 062-95
This sum corresponds to :
— payments made in 1970                          35 955 606-70               25 162 246-52   61 117 853-22      3 825 062-95
— payment appropriations carried
       forward from the financial year
       1970 to the financial year 1971            10 884 722-64                3 034 902-76  13 919 625-40     1 000 000-00
— the available surplus entered in
      the table of revenue of the 1971
       budget
                                   Total         46 840 329-34              28 197 149-28   75 037 478-62       3 825 062-95
To be deducted from this total :
— the payment appropriations carried
       forward from the financial year
       1969 to the financial year 1970            10 494 380-21               2 939 648-27   13 434 028-48
— the available surplus entered in
       the statement of revenue of the
       budget for the financial year 1970          6 000 000-00                    —          6 000 000-00
financed by contributions from the
financial year 1969                               16 494 380-21               2 939 648-27   19 434 028-48
( 4 ) The revenue is made up as follows :
                                                                1st part of the                               2nd part of the
                                                                    budget                                        budget
                                                 Joint Programme                Additional    Total of first
                                                      1969 / 70                Programmes    part of budget
                                               previous Programmes               1969 / 70
                                                  and other joint
                                                    expenditure
      own revenue ( less available surplus
      entered in the statement of revenue
      of the 1970 budget )                         1 956 682-16               1 9.51 760-89   3 908 443-05
      proceeds of loans contracted                                                                             3 744 283-19
      work requested and paid for                                                                                80 779-76
      contributions from Member States           28 389 266-97              23 305 740-12   51 695 007-09
 ---pagebreak--- 2 . 6 . 73                      Official Journal of the European Communities                   No L 145 /29
                                                    Article 2
           The Council gives a discharge to the Commission in respect of the implementation of
           the research and investment budget for the financial year 1970 .
           Done at Brussels, 19 February 1973 .
                                                                             For the Council
                                                                              The President
                                                                               A. LAVENS


title: Council Decision 2009/907/CFSP of 8 December 2009 amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast

text:
               9.12.2009

               EN

               Official Journal of the European Union

               L 322/27

      COUNCIL DECISION 2009/907/CFSP
   of 8 December 2009
   amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,
   Whereas:

               (1)

               On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1).

               (2)

               In light of experience from the first year of the operation, amendments to Joint Action 2008/851/CFSP are required in order to allow for the European Union naval force to contribute to the monitoring of fishing activities off the coast of Somalia.

               (3)

               Acts of piracy and armed robbery off the Somali coast continue to threaten shipping in the area and especially the delivery of food aid to the Somali population by the World Food Programme.

               (4)

               Therefore, it is necessary to extend the operation for another year.

               (5)

               On 30 November 2009 United Nations Security Council adopted Resolution 1897 (2009).

               (6)

               Joint Action 2008/851/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Joint Action 2008/851/CFSP is hereby amended as follows:

               (a)

               in Article 1, the following paragraph shall be added:
               ‘3.   In addition, Atalanta shall contribute to the monitoring of fishing activities off the coast of Somalia.’;

               (b)

               in Article 2, point (f) shall be replaced by the following:

                           ‘(f)

                           liaise and cooperate with organisations and entities, as well as States, working in the region to combat acts of piracy and armed robbery off the Somali coast, in particular the “Combined Task Force 150” maritime force which operates within the framework of “Operation Enduring Freedom”;

                           (g)

                           once sufficient progress has been made ashore in the area of maritime capacity-building, including security measures for the exchange of information, assist Somali authorities by making available data relating to fishing activities compiled in the course of the operation.’;

               (c)

               in Article 16, paragraph 3 shall be replaced by the following:
               ‘3.   The EU military operation shall terminate on 12 December 2010.’

         Article 2
   This Decision shall enter into force on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 8 December 2009.

            For the Council

            The President

         C. BILDT

      (1)  OJ L 301, 12.11.2008, p. 33.


C 227 E/44           EN                        Official Journal of the European Union                                      21.9.2006
Tuesday, 27 September 2005
                         TEXT PROPOSED                                                           AMENDMENTS
                      BY THE COMMISSION                                                         BY PARLIAMENT
                                                            Amendment 6
                                                            Article 3 d (new)
                                                                          Article 3d
                                                                          When the first meeting of the Joint Committee provided for
                                                                          in Article 7(1) of the Agreement is held, the Commission
                                                                          shall inform the Comorian authorities of the attendance of
                                                                          shipowners' representatives at subsequent meetings of the
                                                                          Joint Committee.
             P6_TA(2005)0347
             Request for waiver of the immunity of Mr Marios Matsakis
             European Parliament decision on the request for waiver of the immunity of Marios Matsakis
                                                          (2004/2194(IMM))
             The European Parliament,
             — having regard to the request for waiver of the immunity of Marios Matsakis, forwarded by the
                  Attorney-General of the Republic of Cyprus on 20 September 2004 and announced in plenary sitting
                  on 13 October 2004,
             — having regard to the letter, announced at the plenary sitting of 14 October 2004, in which Marios
                  Matsakis challenged the Attorney-General's authority to make such a request for waiver of his
                  immunity,
             — having regard to the two letters confirming the Attorney-General's authority to make a request for
                  waiver of the immunity of a Cypriot MEP, sent by the Permanent Representative of the Republic of
                  Cyprus on 13 October 2004 and on 10 February 2005 to the President of the European Parliament,
             — having regard to the letter sent by the President of the Supreme Court of Cyprus on 16 June 2005,
             — having heard Marios Matsakis in accordance with Rule 7(3) of its Rules of Procedure,
             — having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the
                  European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of
                  the members of the European Parliament by direct universal suffrage,
             — having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the
                  European Communities,
             — having regard to Articles 83 and 113 of the Constitution of the Republic of Cyprus,
             — having regard to Rules 6(2) and 7, in particular paragraph 4 thereof, of its Rules of Procedure,
             — having regard to the report of the Committee on Legal Affairs (A6-0268/2005),
             1. Takes note that, according to Articles 83 and 113 of the Constitution of the Republic of Cyprus, the
             Attorney-General of the Republic of Cyprus is the competent authority to present a request for the waiver
             of a Member's immunity;
             (1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others
                 [1986] ECR 2391.
 ---pagebreak--- 21.9.2006         EN                         Official Journal of the European Union                                    C 227 E/45
                                                                                Tuesday, 27 September 2005
          2. Decides to waive the immunity of Marios Matsakis subject to the condition that such waiver shall
          apply solely to the prosecution proceedings in hand and that, until such time as a final sentence is passed
          in those proceedings, Marios Matsakis shall be immune from any form of detention or remand or any
          other measure which might prevent him from performing the duties attaching to his mandate as a
          Member of the European Parliament;
          3. Instructs its President to forward this decision and the report of its committee responsible to the
          Attorney-General of the Republic of Cyprus.
          P6_TA(2005)0348
          Data retention for combating crime, including terrorism *
          European Parliament legislative resolution on the initiative by the French Republic, Ireland, the
          Kingdom of Sweden and the United Kingdom for a Draft Framework Decision on the retention of
          data processed and stored in connection with the provision of publicly available electronic
          communications services or data on public communications networks for the purpose of preven-
          tion, investigation, detection and prosecution of crime and criminal offences including terrorism
                                       (8958/2004 — C6-0198/2004 — 2004/0813(CNS))
          (Consultation procedure)
          The European Parliament,
          — having regard to the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United
               Kingdom (8958/2004) (1),
          — having regard to Article 34(2)(b) of the EU Treaty,
          — having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament
               (C6-0198/2004),
          — having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,
          — having regard to Rules 93, 51 and 35 of its Rules of Procedure,
          — having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs
               (A6-0174/2005),
          1. Rejects the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United
          Kingdom;
          2. Calls on the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom to withdraw
          their initiative;
          3. Instructs its President to forward its position to the Council and Commission, and the governments of
          the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom.
          (1) Not yet published in OJ.


title: 2013/465/CFSP: Political and Security Committee Decision EUMM Georgia/1/2013 of 13 September 2013 on the appointment of the Head of the European Union Monitoring Mission in Georgia (EUMM Georgia)

text:
               21.9.2013

               EN

               Official Journal of the European Union

               L 251/12

         POLITICAL AND SECURITY COMMITTEE DECISION EUMM GEORGIA/1/2013
   of 13 September 2013
   on the appointment of the Head of the European Union Monitoring Mission in Georgia (EUMM Georgia)
   (2013/465/CFSP)
   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 Decision 2010/452/CFSP of 12 August 2010 on the European Union Monitoring in Georgia, EUMM Georgia (1), and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Pursuant to Council Decision 2010/452/CFSP, the Political and Security Committee (PSC) 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 Monitoring Mission in Georgia (EUMM Georgia), including the decision to appoint a Head of Mission.

               (2)

               On 14 September 2012, the PSC adopted Decision EUMM Georgia/1/2012 (2) extending the mandate of Mr Andrzej TYSZKIEWICZ, as Head of EUMM Georgia until 14 September 2013.

               (3)

               On 24 July 2013, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Mr Toivo KLAAR as Head of EUMM Georgia from 15 September 2013 to 14 December 2014,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Toivo KLAAR is hereby appointed Head of the European Union Monitoring Mission in Georgia (EUMM Georgia) from 15 September 2013 to 14 December 2014.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 September 2013.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 213, 13.8.2010, p. 43.

      (2)  OJ L 257, 25.9.2012, p. 15.


title: 2009/209/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights (formerly the European Monitoring Centre on Racism and Xenophobia) for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/142

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights (formerly the European Monitoring Centre on Racism and Xenophobia) for the financial year 2006
   (2009/209/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Union Fundamental Rights Agency (formerly the European Monitoring Centre on Racism and Xenophobia) for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (4), and in particular Article 21 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0113/2008),

               1.

               Grants the Director of the European Union Agency for Fundamental Rights (formerly the European Monitoring Centre on Racism and Xenophobia) discharge in respect of the implementation of the Agency's budget for the financial year 2006;

               2.

               Sets out its observations in the Resolution below;

               3.

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

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 1.

      (2)  OJ C 309, 19.12.2007, p. 6.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 53, 22.2.2007, p. 1.

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/143

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights (formerly the European Monitoring Centre on Racism and Xenophobia) for the financial year 2006
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Union Fundamental Rights Agency (formerly the European Monitoring Centre on Racism and Xenophobia) for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (4), and in particular Article 21 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0113/2008),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurance that the annual accounts for the financial year 2006 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 24 April 2007 Parliament granted the Director of the European Monitoring Centre on Racism and Xenophobia discharge in respect of the implementation of the Centre's budget for the financial year 2005 (6), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted that no activity-based management had been brought in, despite the Centre's financial regulation making provision for its introduction, along the lines of that applied to the general budget with a view to improving the monitoring of performance,

                           —

                           invited the Centre to introduce a system for planning and managing its equipment acquisitions and noted that it did not make any cyclical checks on its inventory,

                           —

                           noted that the Centre's internal control system suffered from various shortcomings, and that the principle of the segregation of duties was not applied strictly, especially as between the duties of initiation and verification;

   General points which relate to horizontal issues affecting the EU agencies and which therefore also have a bearing on the discharge procedure for each individual agency

               1.

               Notes that the budgets of the 24 agencies and other satellite bodies audited by the Court of Auditors totalled EUR 1 080,5 million in 2006 (the biggest being that of the European Agency for Reconstruction at EUR 271 million and the smallest being that of the European Police College (CEPOL) at EUR 5 million);

               2.

               Points out that the range of external EU bodies subject to audit and discharge now includes not only traditional regulatory agencies but also executive agencies set up to implement specific programmes, and will in the near future also extend to joint undertakings set up as public-private partnerships (joint technology initiatives);

               3.

               Observes as regards the Parliament that the number of agencies subject to the discharge procedure has evolved as follows: financial year 2000: 8; 2001: 10; 2002: 11; 2003: 14; 2004: 14; 2005: 16; 2006: 20 regulatory agencies and two executive agencies (not including two agencies which are audited by the Court of Auditors but subject to an internal discharge process);

               4.

               Concludes therefore that the auditing/discharge process has become cumbersome and disproportionate compared to the relative size of the agencies'/satellite bodies' budgets; instructs its competent committee to undertake a wide-ranging review of the discharge process as regards agencies and satellite bodies with a view to devising a simpler and more rational approach, bearing in mind the ever-growing number of bodies each requiring a separate discharge report in future years;

         Fundamental considerations

               5.

               Requests that the Commission provide clear explanations regarding the following elements before the creation of a new agency or reform of an existing agency: agency type, objectives of the agency, internal governance structure, products, services, key procedures, target group, clients and stakeholders of the agency, formal relationship with external actors, budget responsibility, financial planning, and personnel and staffing policy;

               6.

               Requests that each agency be governed by a yearly performance agreement which is formulated by the agency and the responsible DG and which should contain the main objectives for the coming year, a financial framework and clear indicators to measure performance;

               7.

               Requests that the performance of the agencies be regularly (and on an ad-hoc basis) audited by the Court of Auditors or another independent auditor; considers that this should not be limited to traditional elements of financial management and the proper use of public money, but should also cover administrative efficiency and effectiveness and should include a rating of the financial management of each agency;

               8.

               Takes the view that in the case of agencies which are continually overestimating their respective budget needs, technical abatement should be made on the basis of vacant posts; is of the opinion that this will lead in the long run to less assigned revenue for the agencies and therefore also to lower administrative costs;

               9.

               Notes that it is a serious problem that a number of agencies is criticised for not following rules on public procurement, the Financial Regulation, the Staff Regulations, etc.; considers that the principal reason for this is that most regulations and the Financial Regulation are designed for bigger institutions and that most of the small agencies do not have the critical mass to be able to cope with these regulatory requirements; therefore asks the Commission to look for a rapid solution in order to enhance the effectiveness by grouping the administrative functions of various agencies together, in order to achieve this critical mass (taking into consideration the necessary changes in the basic regulations governing the agencies and their budgetary independence), or urgently to draft specific rules for the agencies (in particular implementing rules for the agencies) which allow them to be in full compliance;

               10.

               Insists that the Commission, when drafting the Preliminary Draft Budget, take into consideration the results of budget implementation by the individual agencies in former years, in particular in year n-1, and revise the budget requested by the particular agency accordingly; invites its competent committee to respect this revision and, if not undertaken by the Commission, to revise itself the budget in question to a realistic level matching the absorption and implementation capacity of the agency in question;

               11.

               Recalls its decision on discharge in respect of the financial year 2005, in which it invited the Commission to present every five years a study on the added value of every existing agency; invites all relevant institutions in the case of a negative evaluation of the added value of an agency to take the necessary steps by reformulating the mandate of that agency or by closing it; notes that there has not been one single evaluation undertaken by the Commission in 2007; insists that the Commission should present at least five such evaluations before the decision on discharge in respect of the financial year 2007, starting with the oldest agencies;

               12.

               Is of the opinion that recommendations of the Court of Auditors should be promptly implemented and the level of subsidies paid to the agencies should be put in line with their real cash requirements; considers further that the modifications amendments of to the general Financial Regulation should be incorporated into the agencies' framework financial regulation and into their various specific financial regulations;

         Presentation of reporting data

               13.

               Notes that there is no standard approach among the agencies with regard to the presentation of their activities during the financial year in question and of their accounts and reports on budgetary and financial management, nor to the question as to whether a declaration of assurance should be drawn up by the agency's director; observes that not all agencies clearly distinguish between (a) presenting the agency's work to the public; and (b) technical reporting on budgetary and financial management;

               14.

               Notes that while the Commission's standing instructions for the preparation of activity reports do not expressly require the agency to draw up a declaration of assurance, many directors have none the less done so for 2006, in one case including an important reservation;

               15.

               Recalls paragraph 27 of its resolution of 12 April 2005 (7), inviting the directors of the agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

               16.

               Asks the Commission to amend its standing instructions to the agencies accordingly;

               17.

               Suggests in addition that the Commission should work with the agencies towards producing a harmonised model applicable to all agencies and satellite bodies clearly distinguishing between:

                           —

                           an annual report intended for a general readership on the body's operations, work and achievements,

                           —

                           financial statements and a report on implementation of the budget,

                           —

                           an activity report along the lines of the activity reports of the Directors-General of the Commission,

                           —

                           a declaration of assurance signed by the body's director, together with any reservations or observations which he considers it appropriate to draw to the attention of the discharge authority;

         General findings by the Court of Auditors

               18.

               Notes the Court's finding (Annual Report, paragraph 10.29 (8)) that the disbursement of subsidies paid by the Commission from the Community budget is not based on sufficiently justified estimates of the agencies' cash requirements and that this, combined with the size of carry-overs, leads them to hold sizeable cash balances; notes further the Court's recommendation that the level of subsidies paid to the agencies should be in line with their real cash requirements;

               19.

               Notes that at the end of 2006 14 agencies had still to implement the ABAC accounting system (Annual Report, footnote to paragraph 10.31);

               20.

               Notes the Court's remark (Annual Report, paragraph 1.25) concerning accrued charges for untaken leave which are accounted for by some agencies; points out that the Court of Auditors has qualified its statement of assurance in the case of three agencies (European Centre for the Development of Vocational Training (Cedefop), CEPOL and the European Railway Agency) for the financial year 2006 (2005: Cedefop, European Food Safety Authority, European Agency for Reconstruction);

         Internal audit

               21.

               Recalls that in accordance with Article 185(3) of the Financial Regulation the Internal Auditor of the Commission is also the internal auditor of the regulatory agencies receiving grants charged to the EU budget; points out that the Internal Auditor reports to each agency's management board and director;

               22.

               Draws attention to the reservation entered in the Internal Auditor's Annual Activity Report for 2006 as follows:
               ‘The Internal Auditor of the Commission is not in a position to properly fulfil his obligation assigned by Article 185 of the Financial Regulation as internal auditor of the Community bodies due to a lack of staff resources.’;

               23.

               Notes, however, the Internal Auditor's remark in his activity report for 2006 that as from 2007, with the additional staff resources granted by the Commission to the Internal Audit Service (IAS), all regulatory agencies in operation will be subject to internal audit work on an annual basis;

               24.

               Notes the ever-growing number of regulatory and executive agencies and joint undertakings required to be audited by the IAS under Article 185 Financial Regulation; asks the Commission to inform its competent committee as to whether the staff resources at the IAS's disposal will be sufficient to conduct an annual audit of all such bodies in the coming years;

               25.

               Observes that Article 72(5) of Regulation (EC, Euratom) No 2343/2002 requires each agency to send each year to the discharge authority and the Commission a report drawn up by its director summarising the number and type of internal audits conducted by the Internal Auditor, the recommendations made and the action taken on these recommendations; asks the agencies to indicate whether this is done and, if so, how;

               26.

               Takes note, as regards internal audit capability, especially in relation to the smaller agencies, of a proposal made by the Internal Auditor before Parliament's competent committee on 14 September 2006 that smaller agencies should be authorised to buy in internal audit services from the private sector;

         Evaluation of agencies

               27.

               Recalls the joint statement by the Parliament, the Council and the Commission (9) negotiated at the conciliation before the Ecofin budget Council of 13 July 2007 calling for (i) a list of agencies which the Commission intends to assess; and (ii) a list of the agencies already assessed, together with a summary of the major findings;

         Disciplinary procedures

               28.

               Notes that, because of their size, individual agencies have difficulty in setting up ad-hoc disciplinary boards composed of staff at the appropriate career grade and that the Commission's IDOC (Investigation and Disciplinary Office) is not competent for agencies; calls on the agencies to consider an inter-agency disciplinary board;

         Draft Interinstitutional Agreement

               29.

               Recalls the draft Interinstitutional Agreement on the operating framework for the European regulatory agencies presented by the Commission (COM(2005) 59), which was intended to create a horizontal framework for the creation, structure, operation, evaluation and control of the European regulatory agencies; notes that the draft represents a useful initiative in the effort to rationalise the creation and running of agencies; notes the statement in the Commission's 2006 synthesis report (paragraph 3.1, COM(2007) 274) that although progress in negotiations stalled after publication of the draft, discussions on substance were relaunched in the Council at the end of 2006; regrets that it has not been possible to make further progress towards adoption;

               30.

               Welcomes therefore the Commission's commitment to bring forward a communication on the future of the regulatory agencies during the course of 2008;

         Self-financed agencies

               31.

               Recalls that for the two self-financing agencies, discharge is given to the director by the administrative board; notes that both have significant accumulated surpluses from fee income carried over from previous years' figures, as follows:

                           —

                           Office for Harmonization of the Internal Market cash and cash equivalents: EUR 281 million (10),

                           —

                           Community Plant Variety Office cash and cash equivalents: EUR 18 million (11);

         Specific points

               32.

               Notes the Court's observation in its 2006 report that the Agency transferred EUR 235 000 from the operational reserve (Title III) to Title I (staff expenditure) to cover increased costs for temporary staff without documenting the justification for this transfer, as required by the Agency's financial regulation;

               33.

               Notes from the budget outturn statement that in 2006 the Agency reimbursed a positive balance of EUR 1 170 985 to the Commission;

               34.

               Recalls that, in December 2006, the JHA Council came to an agreement on the extension of the mandate of the European Monitoring Centre on Racism and Xenophobia to become the Fundamental Rights Agency;

               35.

               Regrets that the annual report and accounts for the 2006 and 2007 work programme contain relatively little information on budgetary execution, financial reporting, risks, evaluation and audit; invites the agency to improve the quality of its financial reporting and to publish its annual activity report on its website;

               36.

               Emphasises the need for the Agency to respect the rules and objectives of the Staff Regulations in its recruitment procedures;

               37.

               Welcomes the Agency's efforts to comply with the comments of the Court of Auditors and calls on the Agency to continue to improve its financial management.

      (1)  OJ C 261, 31.10.2007, p. 1.

      (2)  OJ C 309, 19.12.2007, p. 6.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 53, 22.2.2007, p. 1.

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

      (6)  OJ L 187, 15.7.2008, p. 92.

      (7)  Resolution of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the European Monitoring Centre on Racism and Xenophobia in respect of the implementation of its budget for the financial year 2003 (OJ L 196, 27.7.2005, p. 127).

      (8)  OJ C 273, 15.11.2007, p. 1.

      (9)  Council document DS 605/1/07 Rev1.

      (10)  Source: report on the annual accounts of the Office for Harmonization in the Internal Market for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 141).

      (11)  Source: report on the annual accounts of the Community Plant Variety Office for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 135).


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32001D0221

2001/221/EC: Council Decision of 12 March 2001 concerning the participation of the Community in the International Lead and Zinc Study Group - Terms of Reference of the International Lead and Zinc Study Group - Rules of Procedure of the International Lead and Zinc Study Group

Official Journal L 082 , 22/03/2001 P. 0021 - 0027

Council Decisionof 12 March 2001concerning the participation of the Community in the International Lead and Zinc Study Group(2001/221/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,Having regard to the proposal of the Commission,Whereas:(1) The Terms of Reference of the International Lead and Zinc Study Group (ILZSG) were adopted at the Inaugural Meeting for Lead and Zinc, under the auspices of the United Nations Economic and Social Council, in New York in May 1959.(2) The ILZSG operates independently as an autonomous United Nations-affiliated intergovernmental organisation that provides its members with:(a) accurate and timely information on world markets of lead and zinc; and(b) regular intergovernmental consultations on international trade in lead and zinc and any other related issue important to member countries.(3) The work of ILZSG is carried out largely by its six committees, Standing, Statistical and Forecasting, Mine and Smelter Projects, Recycling, International Economic and Environment. In addition, an Industry Advisory Panel, consisting of senior experts from the lead and zinc industry of member countries is chaired by the Chairman of the Study Group. The Panel provides advice to Study Group members and is open for consultation.(4) ILZSG is recognised as an international commodity body by the United Nations Common Fund for Commodities, which entitles ILZSG to apply for funding for development projects from the Common Fund.(5) Governments and Contracting Parties of the WTO/GATT have been asked to notify the United Nations Secretary-General of their acceptance of the Terms of Reference and the Rules of Procedure in accordance with ILZSG Rule of Procedure 1.(6) The financing of ILZSG comes from Member Governments. Contributions are calculated by dividing one half of the budget equally among member countries and the other half is allocated in proportion to the amount of total trade in lead and zinc of each country.(7) Several Member States of the Community already participate in the work of ILZSG,HAS ADOPTED THIS DECISION:Article 1The Terms of Reference and the Rules of Procedure of the International Lead and Zinc Study Group are hereby accepted by the Community.The Community shall lodge its instrument of acceptance with the Secretary-General of the United Nations.The texts of the Terms of Reference and the Rules of Procedure are annexed to this Decision.Article 2The President of the Council is hereby authorised to designate the persons empowered to lodge the instruments of acceptance on behalf of the Community.Done at Brussels, 12 March 2001.For the CouncilThe PresidentB. RingholmANNEX ITERMS OF REFERENCE OF THE INTERNATIONAL LEAD AND ZINC STUDY GROUPMembership1. Membership of the International Lead and Zinc Study Group shall be open to the Governments of States Members of the United Nations or of appropriate specialised agencies or to Contracting Parties to the General Agreement on Tariffs and Trade, which consider themselves substantially interested in the production or consumption of or trade in lead and zinc.Functions2. The group shall provide opportunities for appropriate intergovernmental consultations on international trade in lead and/or zinc and shall make such studies of the world situation in lead and zinc, as it sees fit, having regard especially to the desirability of providing continuous accurate information regarding the supply and demand position and of its probable development. For this purpose the group shall arrange for the collection and dissemination of statistics, making use of existing sources so far as practicable.3. The group shall, as appropriate, consider possible solutions to any special problems or difficulties which exist or may be expected to arise in lead or zinc and are unlikely to be resolved in the ordinary development of world trade.4. The group may report to Member Governments. Such reports may include suggestions and/or recommendations.5. For the purpose of these terms of reference, lead and zinc shall include scraps, wastes and/or residues and such lead and zinc products as the group may determine.Operation of study group6. The group shall meet at times and places mutually convenient to its members.7. The group shall adopt such rules of procedure as are considered necessary to carry out its functions.8. The group shall make such secretariat arrangements as it may deem necessary for the proper conduct of its work.9. The participating Governments shall contribute to the expenses of the group on a basis to be determined by it.10. The group shall remain in existence as long as it continues, in the opinion of the participating Governments, to serve a useful purpose.11. The group shall make such arrangements as it considers appropriate by which information may be exchanged with the interested non-participating Governments of the States referred to in paragraph 1 and with appropriate non-governmental and intergovernmental organisations. The group shall cooperate in particular with the Interim Coordinating Committee for International Commodity Arrangements which, under Resolution 557 F (XVIII) of the Economic and Social Council, has the function of coordinating the activities of study groups and councils.(Reproduced as Document LZ/13 of 13 September 1960, from Document E/conf. 31/1 of 6 May 1959, the Report of the Inaugural Session of the International Lead and Zinc Study Group).ANNEX IIRULES OF PROCEDURE OF THE INTERNATIONAL LEAD AND ZINC STUDY GROUPMembershipRule 1Any Government referred to in paragraph 1 of the Terms of Reference which desires to become a member of the Study Group shall notify the Secretary-General in writing accordingly. The notification shall include a declaration by the Government concerned that it considers itself substantially interested in the production or consumption of or trade in lead and/or zinc and that it accepts the Terms of Reference and the Rules of Procedure.Rule 2A member may at any time withdraw from the Group by written notification in advance to the Secretary-General, the withdrawal taking effect on the date specified in the notification. Withdrawal shall be without prejudice to any financial obligations already incurred and shall not entitle the withdrawing Government to any rebate of its contribution for the year in which the withdrawal occurs.Rule 3The Secretary-General shall notify each member of the Group of any notification received in accordance with Rules 1 or 2.RepresentationRule 4Each member of the Group shall, if possible, designate a person resident at the seat of the Group to whom all notices and other communications regarding the work of the Group shall be addressed, but other arrangements may be made with the Secretary-General.Rule 5Each member of the Group shall notify the Secretary-General as soon as possible of the names of the representative, alternates and advisers designated to represent it at a session. Members may, however, designate permanent delegations to represent them at all sessions of the Group until they decide otherwise.Rule 6If a member and the territories for the international relations of which it is responsible form a group of which one or more units are mainly interested in the production of lead and zinc and one or more in the consumption of lead and zinc, there may, at the request of the member, be either joint representation for all such territories within the Group or separate representation for the territories interested in production and separate representation for the territories interested in consumption of lead and zinc. Where a territory or group of territories is separately represented in accordance with this rule, it shall for the purposes of these Rules be regarded as a member of the Group.LiaisonRule 7The Group shall make such arrangements as it considers appropriate by which information may be exchanged with interested non-participating Governments of the State referred to in paragraph 1 of its Terms of Reference and with appropriate non-governmental and intergovernmental organisations.The Group may invite any appropriate intergovernmental or non-governmental organisation substantially interested in lead and zinc problems to be represented at its meetings by an observer, on the understanding that such organisation will extend similar rights to the Group. Such observer may attend all meetings of the Group unless the Group decides otherwise, in respect of the whole or any part of a particular meeting or series of meetings but, unless the Group decides otherwise, may not attend meetings of the Standing Committee nor of any committee or subcommittee on which all members of the Group are not represented.The Chairman may invite any such observer to participate in the Group's discussion of any item in which the organisation represented by the observer is substantially interested, but the observer shall not have the right to vote or to submit proposals.The following Rules of Procedure of the Group shall apply to any such organisation, mutatis mutandis: Rules 4, 5, 13, 16, 26, 27 and 28.Financial obligationsRule 8The financial year for the Group shall be from 1 January to 31 December.Rule 9Each member of the Group shall contribute annually to the expenses of the Group in accordance with the scale of contributions established subject to a minimum contribution, on the basis of the interest of each member in both lead and zinc. At the last scheduled session of each year the budget for the ensuing year shall be approved by the Group and the contributions for each member Government established. The Secretary-General will immediately notify each member Government of the amount of its contribution. Contributions shall be due on 1 January. Should any member country still not have paid its contribution for the previous calendar year by the time of the regular Spring meeting of the Standing Committee, it shall explain any such delay at that meeting. Any member in arrears by more than its contribution for the preceding financial year shall be deprived of its voting rights or may be suspended from membership for so long as it remains in arrears.Rule 10Any member joining the group in the course of a financial year shall pay such proportion of its normal annual contributions as the Group may establish. Contributions received from new members shall not affect the contributions applicable to existing members in the financial year in question.Rule 11Contributions of members shall be payable in the currency of the State in which the headquarters of the Group is located. Financial arrangements for the Group shall be made by the Secretary-General with the authority of the Standing Committee and such arrangements shall apply until the Group decides otherwise.Rule 12The adoption of a budget shall be the authority to incur the expenditures set out therein. Within the limits of the overall budget and with the approval of the Standing Committee or of an appropriately designated body or officer of the Standing Committee, any appropriation under any one heading of the budget may be applied to any other heading. Payment for the account of the Group may be made under such authority(ies) as the Standing Committee may from time to time decide.Rule 13Travelling and subsistence expenses of delegations of members, including those of delegations to Committees or other bodies of the Group, shall not be a charge on the funds of the Group.Headquarters of the GroupRule 14The headquarters of the Group shall be in London until the Group decides otherwise. The Group shall hold its sessions at such places as it decides.Sessions of the GroupRule 15Sessions of the Group, other than those decided upon at a previous session, shall be held at the request of the Standing Committee or of the Chairman of the Group or of not less than four members. Where the request is made on the grounds of urgency, the request shall include a statement of the reasons.Rule 16The Secretary-General shall send to the designated representative of each member of the Group a written notification of the date of each session together with a provisional agenda for that session. Such notification and provisional agenda shall be dispatched at least 35 days before the commencement of the session. If a session is convened on the grounds of urgency, the notification and provisional agenda shall be dispatched at least 15 days prior to the session and the notification shall include a statement of the reasons for convening the session.Provisional agendaRule 17The provisional agenda for each session shall be prepared by the Secretary-General in consultation with the Chairman of the Group. If a member of the Group wishes a particular matter to be discussed at a session of the Group it shall if possible notify the Secretary-General 60 days before the commencement of the session, including in that notification a written explanation. The agenda shall be finally decided at the Session of the Group.Chairman and Vice-ChairmenRule 18The Group shall have a Chairman and two Vice-Chairmen who shall be elected for a calendar year and may be re-elected. The elections for a calendar year shall be held at an appropriate meeting in the preceding calendar year but, in default of such elections, the Chairman and Vice-Chairman shall continue in that capacity until their successors have been elected and have taken office.Rule 19The duties of the Chairman or a Vice-Chairman acting as a Chairman, shall include the following:(a) preside and conduct the proceedings of each session;(b) declare the opening and closing of each session of the Group;(c) direct discussions at meetings, ensure observance of these rules, accord the right to speak and, subject to Rule 20, decide all questions of order;(d) put questions, announce decisions, and, if a vote is requested, call for votes and announce the result of voting.Conduct of businessRule 20During the discussion of any matter, any representative may raise a point of order and may move the closure or adjournment of the debate. In each such case, the Chairman shall immediately state his ruling, which shall stand unless overruled by the meeting.Rule 21The required quorum for each meeting of the Group shall be a majority of its members.Rule 22Each meeting of the Group shall be private unless it decides otherwise.Rule 23In the ordinary course of business, decisions shall be taken according to the sense of the meeting and without a vote. If a vote is requested on decisions concerning the budget, any amendment of the budget and any amendment either of the Terms of Reference or of this rule, a two-thirds majority of members present and voting shall be required. The vote shall be by a show of hands, roll-call or secret ballot, in accordance with the request. Should a vote be requested on other decisions, a simple majority shall be sufficient.Rule 24The Chairman, or a Vice-Chairman acting in his place, shall have no vote, but may appoint another member of his delegation to vote in his place.Rule 25The Chairman of the Standing Committee may arrange for the Group to reach decisions on any matter by correspondence. For this purpose a communication shall be sent to members inviting them to record their votes within a specified time-limit, which shall not be less than 21 days. The communication shall state clearly the matter at issue and the proposals in respect of which Members are invited to vote for or against. At the end of the specified time-limit, the Secretary-General shall notify all members of the decision reached. If the replies of four members contain objections to the correspondence procedure, no vote shall be taken and the matter shall stand over for decision at the next session of the Group.Official and working languagesRule 26English, French, Russian and Spanish shall be the official and working languages of the Group. Any representative wishing to speak in any other languages shall be responsible for interpretation into one of the working languages.All documents for the Group shall be translated into the four working languages.Rule 27Minutes of meetings shall consist of a summary record of the proceedings which shall be provisional in the first case. If any delegation wishes to amend any of its statements reported in the provisional record, such amendment shall be made by notification to the Secretary-General within 21 days of the issue of that record and no other changes shall be made unless approved by the Group at its next session.Rule 28Information which is the property of the Group, reports of proceedings and all other documents of the Study Group and its various committees and other bodies shall be confidential until and unless the Group or the Standing Committee as appropriate, decides otherwise.Standing CommitteeRule 29A Standing Committee shall be established by the Group and shall consist of those members of the Group which have indicated to the Secretary-General their desire to participate in its work. Documents connected with the work of the Committee shall be circulated to a person designated by each member of the Committee.The Standing Committee shall elect its own Chairman and Vice-Chairmen.The Secretary-General, or an officer designated by him, shall serve as Secretary of the Committee.The Committee, which shall meet at least twice a year, shall adopt its own Rules of Procedure.Rule 30The Standing Committee shall keep the lead and zinc situation currently under review and make such recommendations to the Group as it may deem advisable. It shall carry out such other tasks as may be delegated to it by the Group. In addition, it shall exercise appropriate responsibility for the work of the Secretariat, preparation of a draft budget and other financial action in accordance with Rule 12. All financial transactions on behalf of the Group shall be notified regularly to the Committee.Other CommitteesRule 31The Group may establish such other committees or bodies as may be appropriate on such terms and conditions as it may determine.SecretariatRule 32The Group shall have a Secretariat consisting of a Secretary-General and such staff as may be required. The Secretariat shall be appointed or provided in such manner as the Group may decide.Rule 33The Secretary-General, subject to such decisions regarding provision of the Secretariat as may be made by the Group, shall be responsible for the execution of all duties falling on the Secretariat, including servicing the Group and its Committees.AmendmentRule 34These Rules may be amended by decision of the Group taken in accordance with Rule 23.(Document LZ/161 of 26 September 1977, revised from Documents LZ/58 of 13 November 1964, LZ/15 of 10 October 1960, and LZ/9 of 3 August 1960).


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31999D0854

1999/854/EC: Council Decision of 6 December 1999 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Latvia

Official Journal L 335 , 28/12/1999 P. 0029 - 0034

COUNCIL DECISIONof 6 December 1999on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Latvia(1999/854/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) the Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy;(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them;(3) Community assistance is conditional on the fulfillment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfillment of the Copenhagen criteria; where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;(4) the Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;(5) the 1999 Commission's Regular Report presented an objective analysis on the Republic of Latvia's preparations for membership and identified a number of priority areas for further work;(6) in order to prepare for membership, the Republic of Latvia should update its national programme for the adoption of the acquis; this programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership for the Republic of Latvia are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 6 December 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 85, 20.3.1998, p. 1.ANNEXLATVIA: 1999 ACCESSION PARTNERSHIP1. OBJECTIVESThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 1999 Regular Report on the progress made by Latvia towards membership of the European Union, the financial means available to help Latvia implement these priorities and the conditions which will apply to that assistance. This Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include, inter alia, the revised National Programme for the adoption of the acquis, the Joint Assessment of medium-term economic policy priorities, the Pact against organised crime as well as the National Development Plans and other sectoral plans necessary for the participation in Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.2. PRINCIPLESThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. PRIORITIES AND INTERMEDIATE OBJECTIVESThe Commission's Regular Reports have highlighted the extent of the efforts which still have to be made in certain areas by the candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance the progress of the negotiations under way with some States and the opening of new negotiations with the others. The priorities and intermediate objectives in the revised Accession Partnerships ate again divided into two groups, short- and medium-term. Those listed under the short term have been selected on the basis that it is realistic to expect that Latvia can complete or take them substantially forward by the end of 2000. The priorities listed under the medium term are expected to take more than one year to complete although work should, wherever possible, also begin on them during 2000. The progress made in meeting the priorities of the 1998 Accession Partnership is assessed in the 1999 Regular Report. This assessment has been used in formulating the priorities for the current partnership.Latvia submitted a revised version of its National programme for the adoption of the acquis (NPAA) on 16 June 1999. It sets out a timetable for achieving priorities and intermediate objectives, based on the first Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Latvia's membership preparations. Latvia will nevertheless have to address all issues identified in the Regular Report. It is also important that Latvia fulfils the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Europe Agreement, the screening exercise and the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's Regular Report, the following short and medium term priorities and intermediate objectives have been identified for Latvia.3.1. Short-term (2000)Political criteria:- align the Language Law with international standards and the Europe Agreement,- implement further concrete measures for the integration of non-citizens including language training and provide necessary financial support.Economic criteria:- promote competitiveness through market-based enterprise restructuring; take measures to stimulate domestic and inward investment, in particular through simplification of legal and administrative procedures,- complete privatisation of remaining large companies,- strengthen land market and finalise the land and property register,- develop a strong and effective framework for the regulation of utilities.Internal market:- public procurement: continue alignment of, in particular, legislation on utilities and remedies,- intellectual and industrial property rights: enforce copyright, neighbouring rights and trade mark legislation; strengthen implementation of related border and judicial capacities (in particular trademarks and counterfeited or pirated goods),- data protection: adopt data protection law,- company Law: adopt the commercial code and transpose third, fourth, eleventh and twelfth company law Directives,- free movement of goods: align law on conformity assessment; continue alignment of sectoral legislation (in particular medical devices and pharmaceuticals for veterinary use); accelerate adoption of EN standards; further develop the market surveillance system,- free movement of capital: align laws on direct investment in sectors still restricted,- free movement of services: continue transposition of European Community rules, especially in view of elimination of the prohibition of establishment of branches by foreign insurance companies,- taxation: continue alignment of VAT legislation and harmonise excise duties on alcoholic beverages and cigarettes; ensure that new tax measures comply with the principles of the code of conduct for business taxation; continue modernisation of tax administration,- customs: continue alignment including implementing of legislation; continue the fight against fraud and corruption; continue modernisation of customs administration.Agriculture:- continue alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements, in particular at the future external borders,- modernise meat and dairy processing plants to meet European Union hygiene and public health standards.Transport:- align legislation on maritime safety.Employment and social affairs:- complete the national employment strategy with a view to later participation in the European employment strategy including through the launch of a joint employment review,- support the social partners' capacity-building efforts in developing and implementing the social acquis, notably through bipartite social dialogue,- adopt new Labour Code (i.e. collective redundancies, equal treatment, working conditions).Environment:- complete transposition of and enforce the environmental impact assessment directive,- accelerate the transposition and enforcement of framework legislation (in particular in the fields of waste, air, water and nature) as well as industrial related sectoral legislation concerning integrated pollution prevention and major industrial hazards,- strengthen the environmental administration both at national and regional level,- implement the plan for financing investments (directive-specific), based on estimations of costs of alignment and realistic sources of public and private finance year-by-year.Justice and home affairs:- upgrade border posts and "green border control"; improve data and telecommunication infrastructure,- upgrade law enforcement bodies and the judiciary (staff numbers, training and equipment) to continue the fight against organised crime, drug trafficking and corruption; ensure better coordination between law enforcement bodies,- implement migration and asylum legislation and procedures to prevent illegal immigration and to enable full participation in the Schengen information system; complete the alignment to international conventions,- implement concrete measures to fight corruption and improve inter-agency cooperation in the area of anti-corruption; ratify the European criminal law convention, sign the OECD convention on bribery.Reinforcement of administrative and judicial capacity, including the management and control of European Union funds:- accelerate reform of the public administration including strengthening of the relevant administrative institutions; adopt a new civil service law,- Phare(1), ISPA(2) and Sapard(3): further develop the National Development Plan and the Rural Development Plan; adopt the legal, administrative and budgetary framework (audit manual and audit trail) to programme and manage ISPA and Sapard, including the introduction of environmental impact assessments and European Union-compatible public procurement rules for projects co-financed by Community Funds; establish a functioning paying agency for Sapard,- complete the legislative framework for internal and external financial control; introduce "functional independence" for national internal controllers/auditors at both central and decentralised levels and ex-ante financial control; enhance coordinating role of Ministry of Finance for harmonising internal audit/control functions; strengthen internal audibcontrol units in spending centres.3.2. Medium-termPolitical criteria:- pursue integration of non-citizens in particular by extending Latvian language training programmes for non-Latvian speakers.Economic criteria:- continue promotion of market-driven restructuring in the enterprise sector and improve conditions for the creation and development of private enterprises, with particular attention to small- and medium-sized enterprises,- establish an annual fiscal surveillance procedure aimed at bringing the reporting, monitoring and control of public finances, specifically fiscal positions, in line with European Union procedures,- continue social security financing reform.Internal market:- intellectual and industrial property rights: complete alignment,- data protection: implement data protection legislation, including the establishment of an independent supervisory authority,- free movement of goods: complete alignment of sectoral legislation and EN standards; upgrade standardisation, conformity assessment and market surveillance structures; globally ensure proper implementing structures for all sectors,- free movement of capital: align laws on outward portfolio investments by private pension funds and insurance companies,- free movement of persons: complete alignment of mutual recognition of diplomas,- competition: ensure full enforcement of competition and State aid rules,- telecommunications: complete transposition of Community legislation; establish regulatory authority,- audiovisual: complete alignment of the audiovisual legislation; strengthen the capabilities of the independent television/radio regulatory authority,- taxation: implement VAT legislation and complete alignment of excise duties systems review existing laws and ensure compatibility with the code of conduct for business taxation; complete reform of tax administration (including management of tax audit system); strengthen administrative cooperation and mutual assistance and increase the efficiency of tax audits,- consumer Protection: continue alignment and strengthen market surveillance and enforcement authorities,- customs: develop an integrated tariff and apply simplified procedures; reinforce administrative and operational capacity; develop efficient border posts.Agriculture:- reinforce common agricultural policy management mechanisms and administrative strictures (monitor agricultural markets and implement structural and rural development measures, set up bodies and control mechanisms),- continue restructuring the agrifood sector; reinforce food control administration,- veterinary and phytosanitary sector: complete system of animal identification; implement, quality control system (hazard analysis critical control point), animal waste treatment, residue and zoonosis control programmes; complete inspection systems on future external borders.Fisheries:- develop the capacity to implement and enforce the common fisheries policy.Energy:- prepare for the internal energy market, notably the electricity and gas directives (including adaptation of energy prices to cost levels and the establishment of a regulator),- align oil stock requirements and improve energy efficiency.Transport:- align road transport (market access, road safety, rules for dangerous goods and taxation), railways, maritime transport legislation and aviation (particularly air safety and air traffic management).Employment and social affairs:- transpose and implement European Union legislation in the field of occupational health and safety (including the framework directive), labour law, equal treatment of women and men, and public health; reinforce the related administrative structures and those required for the coordination of social security,- establish an independent guarantee fund for employees in the case of employer's insolvency,- take forward reform of social insurance system.Economic and social cohesion:- develop national policy for economic and social cohesion in preparing for the implementation of a regional development programme and Commuity initiatives; improving the administrative structures, in particular clarifying allocation of responsibilities on regional policy issues; organising the budgetary system and its procedures according to structural funds standards, including appraisal and evaluation.Environment:- complete transposition of the environmental acquis; implement legislation according to directive-specific pre-defined timetable in air, waste, noise, water, chemicals, nature protection, radiation protection and integrated pollution control and major industrial hazards,- integrate sustainable development principles into the definition and implementation of all other sectoral policies.Justice and home affairs:- continue progressive alignment of visa legislation and practice with that of the European Union,- strengthen police cooperation mechanisms with Europol in the fight against organised crime, in particular money laundering, drugs and trafficking in women and children,- implement legislation on corruption and the anti-corruption strategy.Reinforcement of administrative and judicial capacity, including management and control of European Union funds:- develop a professional and stable civil service including strengthening of policy analysis and impact assessment capacity of Ministries, as well as human resource management at all levels of government,- improve the capacity of the public administration to implement and manage the acquis, in particular through ensuring minimum staffing levels and training,- strengthen public financial control functions through the provision of adequate staff, training and equipment,- complete territorial reform and develop concept of regional and municipal management,- strengthen statistical capacities,4. PROGRAMMINGThe Phare allocation for the period 1995 to 1999 has totalled EUR 186 million. Following the agreement of the European Council in Berlin on 24 and 25 March 1999, financial assistance to the applicant States during the period 2000 to 2006 will also comprise support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87) and a structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73) which will give priority to measures similar to the cohesion fund in the pre-accession period. Under these national allocations, Latvia can also fund part of its participation in Community programmes including in the Fifth Research and Technological Development Framework Programme (OJ L 26, 1.2.1999, p. 1). In addition Latvia will have access to funding from multi-State programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and international financial institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.5. CONDITIONALITYCommunity assistance for financing projects through the three pre-accession instruments Phare, ISPA and Sapard is conditional on respect by Latvia of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this Accession Partnership in 2000. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. MONITORINGThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption of the acquis can be examined, in accordance with the same procedures, irrespective of whether or not negotiations have been opened. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The Phare Management Committee ensures that financing decisions under all three pre-accessions instruments, Phare, ISPA and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the Coordinating Regulation (Council Regulation (EC) No 1266/1999, (OJ L 161, 26.6.1999, p. 68)).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) Phare = Action plan for coordinated aid to Poland and Hungary.(2) ISPA = Instrument for Structural Policies for Pre-Accession.(3) Sapard = Special Accession Programme for Agriculture and Rural Development.


title: Council Decision 2014/265/CFSP of 12 May 2014 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

text:
               12.5.2014

               EN

               Official Journal of the European Union

               L 137/9

         COUNCIL DECISION 2014/265/CFSP
   of 12 May 2014
   amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 17 March 2014, the Council adopted Decision 2014/145/CFSP (1).

               (2)

               In view of the gravity of the situation in Ukraine, the restrictions on admission and the freezing of funds and economic resources should apply to natural persons responsible for, actively supporting or implementing, actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine, and natural or legal persons, entities or bodies associated with them, or legal persons, entities or bodies in Crimea or Sevastopol whose ownership has been transferred contrary to Ukrainian law, or legal persons, entities or bodies which have benefited from such a transfer. The beneficiaries of the transfer of ownership are to be understood as legal persons, entities or bodies that have become the owners of assets transferred contrary to Ukrainian law following the annexation of Crimea and Sevastopol.

               (3)

               In addition, the Council considers that additional persons and entities should be added to the list of persons, entities and bodies subject to restrictive measures as set out in the Annex to Decision 2014/145/CFSP.

               (4)

               Further action by the Union is needed in order to implement certain measures.

               (5)

               Decision 2014/145/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2014/145/CFSP is hereby amended as follows:

               (1)

               Article 1(1) is replaced by the following:
               ‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the natural persons responsible for, actively supporting or implementing, actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine, and of natural persons associated with them, as listed in the Annex.’.

               (2)

               Article 2(1) is replaced by the following:
               ‘1.   All funds and economic resources belonging to, owned, held or controlled by natural persons responsible for, actively supporting or implementing, actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine, and natural or legal persons, entities or bodies associated with them, or legal persons, entities or bodies in Crimea or Sevastopol whose ownership has been transferred contrary to Ukrainian law, or legal persons, entities or bodies which have benefited from such a transfer, as listed in the Annex, shall be frozen.’.

               (3)

               Article 3(1) is replaced by the following:
               ‘1.   The Council, acting by unanimity upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall decide to establish and amend the list in the Annex.’.

         Article 2
   The persons and entities listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.
   Article 3
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 12 May 2014.

            For the Council

            The President

         C. ASHTON

      (1)  Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 16).

      ANNEX
      List of persons and entities referred to in Article 2.

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Vyacheslav Viktorovich VOLODIN

                  Born 4 February 1964 in Alekseevka, Saratov region.

                  First Deputy Chief of Staff of the Presidential Administration of Russia. Responsible for overseeing the political integration of the annexed Ukrainian region of Crimea into the Russian Federation.

                  12.5.2014

                  2.

                  Vladimir SHAMANOV

                  Born 15.02.1954 in Barnaul.

                  Commander of the Russian Airborne Troops, Colonel-General. In his senior position holds responsibility for the deployment of Russian airborne forces in Crimea.

                  12.5.2014

                  3.

                  Vladimir Nikolaevich PLIGIN

                  Born 19.05.1960 in Ignatovo, Vologodsk Oblast, USSR.

                  Chair of the Duma Constitutional Law Committee. Responsible for facilitating the adoption of legislation on the annexation of Crimea and Sevastopol into the Russian Federation.

                  12.5.2014

                  4.

                  Petr Grigorievich JAROSH

                  Acting Head of the Federal Migration Service office for Crimea. Responsible for the systematic and expedited issuance of Russian passports for the residents of Crimea.

                  12.5.2014

                  5.

                  Oleg Grigorievich KOZYURA

                  Born 19.12.1962 in Zaporozhye

                  Acting Head of the Federal Migration Service office for Sevastopol. Responsible for the systematic and expedited issuance of Russian passports for the residents of Crimea.

                  12.5.2014

                  6.

                  Viacheslav PONOMARIOV

                  Self-declared mayor of Slaviansk. Ponomarev called on Vladimir Putin to send in Russian troops to protect the city and later asked him to supply weapons. Ponomarev's men are involved in kidnappings (they captured Ukrainian reporter Irma Krat and Simon Ostrovsky, a reporter for Vice News, both were later released, they detained military observers under OSCE Vienna Document).

                  12.5.2014

                  7.

                  Igor Mykolaiovych BEZLER

                  Born in 1965

                  One of the leaders of self-proclaimed militia of Horlivka. He took control of the Security Service of Ukraine's Office in Donetsk region building and afterwards seized the Ministry of Internal Affairs' district station in the town of Horlivka. He has links to Ihor Strielkov under which command he was involved in the murder of Peoples' Deputy of the Horlivka's Municipal Council Volodymyr Rybak according to the SBU.

                  12.5.2014

                  8.

                  Igor KAKIDZYANOV

                  One of the leaders of armed forces of the self-proclaimed ‘Donetsk People's Republic’. The aim of the forces is to ‘protect the people of Donetsk People's Republic and territorial integrity of the republic’ according to Pushylin, one of the leaders of the ‘Donetsk People's Republic’.

                  12.5.2014

                  9.

                  Oleg TSARIOV

                  Member of the Rada. Publicly called for the creation of the Federal Republic of Novorossia, composed of South Eastern Ukrainian regions.

                  12.5.2014

                  10.

                  Roman LYAGIN

                  Head of the ‘Donetsk People's Republic’ Central Electoral Commission. Actively organised the referendum on 11 May on the self-determination of the ‘Donetsk People's Republic’.

                  12.5.2014

                  11.

                  Aleksandr MALYKHIN

                  Head of the ‘Lugansk People's Republic’ Central Electoral Commission. Actively organised the referendum on 11 May on the self-determination of the ‘Lugansk People's Republic’.

                  12.5.2014

                  12.

                  Natalia Vladimirovna POKLONSKAYA

                  Born 18.03.1980 in Eupatoria.

                  Prosecutor of Crimea. Actively implementing Russia's annexation of Crimea.

                  12.5.2014

                  13.

                  Igor Sergeievich SHEVCHENKO

                  Acting Prosecutor of Sevastopol. Actively implementing Russia's annexation of Sevastopol.

                  12.5.2014

      Entities:

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  PJSC CHERNOMORNEFTEGAZ

                  On 17.03.2014 the ‘Parliament of Crimea’ adopted a resolution declaring the appropriation of assets belonging to Chernomorneftegaz enterprise on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.

                  12.5.2014

                  2.

                  FEODOSIA

                  On 17.03.2014 the ‘Parliament of Crimea’ adopted a resolution declaring the appropriation of assets belonging to Feodosia enterprise on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.

                  12.5.2014


Avis juridique important

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31994D0347

94/347/EC: Council Decision of 13 June 1994 appointing a member of the Committee of the Regions

Official Journal L 155 , 22/06/1994 P. 0029 - 0029 Finnish special edition: Chapter 1 Volume 3 P. 0145  Swedish special edition: Chapter 1 Volume 3 P. 0145

COUNCIL DECISION of 13 June 1994 appointing a member of the Committee of the Regions (94/347/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,  Having regard to the Council Decision of 26 January 1994 appointing members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),  Whereas a seat has become vacant on the Committee of the Regions following the resignation of Mr Giorgio Pasetto, notified to the Council on 28 April 1994;  Having regard to the proposal from the Italian Government,  HAS DECIDED AS FOLLOWS:   Sole Article  Mr Carlo Proietti is hereby appointed a member of the Committee of the Regions in place of Mr Giorgio Pasetto for the remainder of the latter's term of office, which runs until 25 January 1998.  Done at Luxembourg, 13 June 1994.  For the Council The President Th. PANGALOS  (1) OJ No L 31, 4. 2. 1994, p. 29.