title: 2013/106/EU: European Council Decision of 11 May 2012 on the examination by a conference of representatives of the governments of the Member States of the amendment to the Treaties proposed by the Irish Government in the form of a Protocol on the concerns of the Irish people on the Treaty of Lisbon, to be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and not to convene a Convention#Protocol on the concerns of the Irish people on the Treaty of Lisbon

text:
               2.3.2013

               EN

               Official Journal of the European Union

               L 60/129

         EUROPEAN COUNCIL DECISION
   of 11 May 2012
   on the examination by a conference of representatives of the governments of the Member States of the amendment to the Treaties proposed by the Irish Government in the form of a Protocol on the concerns of the Irish people on the Treaty of Lisbon, to be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and not to convene a Convention
   (2013/106/EU)
   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on European Union, and in particular Article 48(3) thereof,
   Having regard to the proposal for the amendment of the Treaties submitted to the Council by the Irish Government on 20 July 2011 and submitted to the European Council by the Council on 12 October 2011,
   Having regard to the consent of the European Parliament not to convene a Convention (1),
   Having regard to the opinion of the European Parliament (2),
   After notification of the proposal to the national parliaments,
   Having regard to the opinion of the European Commission (3),
   Whereas:

               (1)

               On 18-19 June 2009, the Heads of State or Government of the 27 Member States of the European Union, meeting within the European Council, adopted a Decision on the concerns of the Irish people on the Treaty of Lisbon and declared that, at the time of the conclusion of the next accession Treaty, they would set out the provisions of that Decision in a protocol to be annexed, in accordance with their respective constitutional requirements, to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).

               (2)

               On 20 July 2011, the Irish Government submitted, in accordance with the first sentence of Article 48(2) TEU, a proposal for the amendment of the Treaties in the form of a Protocol on the concerns of the Irish people on the Treaty of Lisbon.

               (3)

               On 12 October 2011, in accordance with the third sentence of Article 48(2) TEU, the proposal of the Irish Government was submitted by the Council to the European Council. It was also notified to the national parliaments.

               (4)

               At its meeting on 23 October 2011, the European Council decided, in accordance with the first subparagraph of Article 48(3) TEU, to consult the European Parliament and the Commission on the proposed amendments. It also decided, in accordance with the second subparagraph of Article 48(3) TEU, to request the consent of the European Parliament not to convene a Convention given that, in its view, the convening of such Convention was not justified by the extent of the proposed amendments.

               (5)

               On 18 April 2012, the European Parliament adopted a favourable opinion on the proposed amendments. It also gave its consent not to convene a Convention on account of this not being justified by the extent of the proposed amendments. On 4 May 2012, the Commission adopted a favourable opinion on the proposed amendments.

               (6)

               Therefore, it is appropriate that, in accordance with the second subparagraph of Article 48(3) TEU, the European Council decide that a conference of representatives of the governments of the Member States should examine the amendments proposed by the Irish Government, define the terms of reference of the conference and decide not to convene a Convention,

         HAS ADOPTED THIS DECISION:
   Article 1
   The European Council hereby decides that a conference of representatives of the governments of the Member States shall examine the amendments proposed by the Irish Government in the form of a Protocol on the concerns of the Irish people on the Treaty of Lisbon, to be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, in the wording as attached to this Decision, which will constitute the terms of reference of the said conference. In view of the extent of the proposed amendments, a Convention under Article 48(3) of the Treaty on European Union shall not be convened.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 11 May 2012.

            For the European Council

            The President

         H. VAN ROMPUY

      (1)  Consent of 18 April 2012 (not yet published in the Official Journal).

      (2)  Opinion of 18 April 2012 (not yet published in the Official Journal).

      (3)  Opinion of 4 May 2012 (not yet published in the Official Journal).

      PROTOCOL
      on the concerns of the Irish people on the Treaty of Lisbon
      THE KINGDOM OF BELGIUM,
      THE REPUBLIC OF BULGARIA,
      THE CZECH REPUBLIC,
      THE KINGDOM OF DENMARK,
      THE FEDERAL REPUBLIC OF GERMANY,
      THE REPUBLIC OF ESTONIA,
      IRELAND,
      THE HELLENIC REPUBLIC,
      THE KINGDOM OF SPAIN,
      THE FRENCH REPUBLIC,
      THE ITALIAN REPUBLIC,
      THE REPUBLIC OF CYPRUS,
      THE REPUBLIC OF LATVIA,
      THE REPUBLIC OF LITHUANIA,
      THE GRAND DUCHY OF LUXEMBOURG,
      HUNGARY,
      MALTA,
      THE KINGDOM OF THE NETHERLANDS,
      THE REPUBLIC OF AUSTRIA,
      THE REPUBLIC OF POLAND,
      THE PORTUGUESE REPUBLIC,
      ROMANIA,
      THE REPUBLIC OF SLOVENIA,
      THE SLOVAK REPUBLIC,
      THE REPUBLIC OF FINLAND,
      THE KINGDOM OF SWEDEN,
      THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
      hereinafter referred to as ‘THE HIGH CONTRACTING PARTIES’,
      RECALLING the Decision of the Heads of State or Government of the 27 Member States of the European Union, meeting within the European Council, on 18-19 June 2009, on the concerns of the Irish people on the Treaty of Lisbon;
      RECALLING the declaration of the Heads of State or Government, meeting within the European Council, on 18-19 June 2009, that they would, at the time of the conclusion of the next Accession Treaty, set out the provisions of that Decision in a Protocol to be attached, in accordance with their respective constitutional requirements, to the Treaty on European Union and the Treaty on the Functioning of the European Union;
      NOTING the signature by the High Contracting Parties of the Treaty between the High Contracting Parties and the Republic of Croatia concerning the accession of the Republic of Croatia to the European Union;
      HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:
      TITLE I

         RIGHT TO LIFE, FAMILY AND EDUCATION

      Article 1
      Nothing in the Treaty of Lisbon attributing legal status to the Charter of Fundamental Rights of the European Union, or in the provisions of that Treaty in the area of Freedom, Security and Justice affects in any way the scope and applicability of the protection of the right to life in Article 40.3.1, 40.3.2 and 40.3.3, the protection of the family in Article 41 and the protection of the rights in respect of education in Articles 42 and 44.2.4 and 44.2.5 provided by the Constitution of Ireland.
      TITLE II

         TAXATION

      Article 2
      Nothing in the Treaty of Lisbon makes any change of any kind, for any Member State, to the extent or operation of the competence of the European Union in relation to taxation.
      TITLE III

         SECURITY AND DEFENCE

      Article 3
      The Union’s action on the international scene is guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.
      The Union’s common security and defence policy is an integral part of the common foreign and security policy and provides the Union with an operational capacity to undertake missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter.
      It does not prejudice the security and defence policy of each Member State, including Ireland, or the obligations of any Member State.
      The Treaty of Lisbon does not affect or prejudice Ireland’s traditional policy of military neutrality.
      It will be for Member States - including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality - to determine the nature of aid or assistance to be provided to a Member State which is the object of a terrorist attack or the victim of armed aggression on its territory.
      Any decision to move to a common defence will require a unanimous decision of the European Council. It would be a matter for the Member States, including Ireland, to decide, in accordance with the provisions of the Treaty of Lisbon and with their respective constitutional requirements, whether or not to adopt a common defence.
      Nothing in this Title affects or prejudices the position or policy of any other Member State on security and defence.
      It is also a matter for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any domestic legal requirements, whether to participate in permanent structured cooperation or the European Defence Agency.
      The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any military formation.
      It does not affect the right of Ireland or any other Member State to determine the nature and volume of its defence and security expenditure and the nature of its defence capabilities.
      It will be a matter for Ireland or any other Member State, to decide, in accordance with any domestic legal requirements, whether or not to participate in any military operation.
      TITLE IV

         FINAL PROVISIONS

      Article 4
      This Protocol shall remain open for signature by the High Contracting Parties until 30 June 2012.
      This Protocol shall be ratified by the High Contracting Parties, and by the Republic of Croatia in the event that this Protocol has not entered into force by the date of accession of the Republic of Croatia to the European Union, in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.
      This Protocol shall enter into force if possible on 30 June 2013, provided that all the instruments of ratification have been deposited, or, failing that, on the first day of the month following the deposit of the instrument of ratification by the last Member State to take this step.
      Article 5
      This Protocol, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which shall transmit a certified copy to each of the governments of the other Member States.
      Once the Republic of Croatia has become bound by this Protocol pursuant to Article 2 of the Act concerning the conditions of accession of the Republic of Croatia, the Croatian text of this Protocol, which shall be equally authentic to the texts referred to in the first paragraph, shall also be deposited in the archives of the Government of the Italian Republic, which shall transmit a certified copy to each of the governments of the other Member States.

         IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.
         Съставено в Брюксел на тринадесети юни две хиляди и дванадесета година.
         Hecho en Bruselas, el trece de junio de dos mil doce.
         V Bruselu dne třináctého června dva tisíce dvanáct.
         Udfærdiget i Bruxelles den trettende juni to tusind og tolv.
         Geschehen zu Brüssel am dreizehnten Juni zweitausendzwölf.
         Kahe tuhande kaheteistkümnenda aasta juunikuu kolmeteistkümnendal päeval Brüsselis.
         Έγινε στις Βρυξέλλες, στις δέκα τρεις Ιουνίου δύο χιλιάδες δώδεκα.
         Done at Brussels on the thirteenth day of June in the year two thousand and twelve.
         Fait à Bruxelles, le treize juin deux mille douze.
         Arna dhéanamh sa Bhruiséil, an tríú lá déag de Mheitheamh an bhliain dhá mhíle agus a dó dhéag.
         Fatto a Bruxelles, addì tredici giugno duemiladodici.
         Briselē, divi tūkstoši divpadsmitā gada trīspadsmitajā jūnijā.
         Priimta du tūkstančiai dvyliktų metų birželio tryliktą dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-tizenkettedik év június havának tizenharmadik napján.
         Magħmul fi Brussell, fit-tlettax-il jum ta’ Ġunju tas-sena elfejn u tnax.
         Gedaan te Brussel, de dertiende juni tweeduizend twaalf.
         Sporządzono w Brukseli dnia trzynastego czerwca roku dwa tysiące dwunastego.
         Feito em Bruxelas, em treze de junho de dois mil e doze.
         Întocmit la Bruxelles la treisprezece iunie două mii doisprezece.
         V Bruseli dňa trinásteho júna dvetisícdvanásť.
         V Bruslju, dne trinajstega junija leta dva tisoč dvanajst.
         Tehty Brysselissä kolmantenatoista päivänä kesäkuuta vuonna kaksituhattakaksitoista.
         Som skedde i Bryssel den trettonde juni tjugohundratolv.

            Voor het Koninkrijk België
            Pour le Royaume de Belgique
            Für das Königreich Belgien

            Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
            Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallone, la Région flamande et la Région de Bruxelles-Capitale.
            Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

            За Република България

            Za Českou republiku

            For Kongeriget Danmark

            Für die Bundesrepublik Deutschland

            Eesti Vabariigi nimel

            Thar cheann Na hÉireann
            For Ireland

            Για την Ελληνική Δημοκρατία

            Por el Reino de España

            Pour la République française

            Per la Repubblica italiana

            Για την Κυπριακή Δημοκρατία

            Latvijas Republikas vārdā –

            Lietuvos Respublikos vardu

            Pour le Grand-Duché de Luxembourg

            Magyarország részéről

            Għal Malta

            Voor het Koninkrijk der Nederlanden

            Für die Republik Österreich

            W imieniu Rzeczypospolitej Polskiej

            Pela República Portuguesa

            Pentru România

            Za Republiko Slovenijo

            Za Slovenskú republiku

            Suomen tasavallan puolesta
            För Republiken Finland

            För Konungariket Sverige

            For the United Kingdom of Great Britain and Northern Ireland


title: 2012/554/EU: Decision of the European Parliament of 10 May 2012 on the discharge for implementation of the European Union general budget for the financial year 2010, Section IV — Court of Justice#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section IV — Court of Justice

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/100

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on the discharge for implementation of the European Union general budget for the financial year 2010, Section IV — Court of Justice
   (2012/554/EU)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0259/2011) (2),

               —

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

               —

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

               —

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

               —

               having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0088/2012),

               1.

               Grants the Registrar of the Court of Justice discharge for implementation of its budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 64, 12.3.2010.

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

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

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

      (5)  OJ L 248, 16.9.2002, p. 1.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section IV — Court of Justice
      THE EUROPEAN PARLIAMENT,

                  —

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

                  —

                  having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0259/2011) (2),

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Articles 314(10), 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0088/2012),

                  1.

                  Stresses that in paragraph 7.23 of its 2010 Annual Report the Court of Auditors stated that, ‘The Court has no observation to make on the Court of Justice’;

                  2.

                  Welcomes the fact that, based on its audit work, the Court concluded that the payments as a whole for the year ended 31 December 2010 for administrative and other expenditure of the Institutions and bodies were free from material error; the most likely error rate for administrative expenditure as a whole is assessed by the Court as 0,4 % (paragraphs 7.9 and 7.10);

                  3.

                  Notes that in 2010, the Court of Justice had commitment appropriations amounting to EUR 331 000 000 (EUR 318 000 000 in 2009), and that the implementation rate for those appropriations was 97,9 % (98,5 % in 2009); stresses that the budget of the Court of Justice is purely administrative, with 75 % spent on people working with the institution and 25 % on buildings, furniture, equipment and miscellaneous operating expenditure;

                  4.

                  Points out that an in-depth assessment of supervisory and control systems was conducted in the Court of Justice in 2009; emphasises that the Court of Auditors found the supervisory and control systems in place to be functioning effectively with regard to the detection of potential errors and exceptions;

                  5.

                  Points out also that the Court of Auditors found in 2009 that the Court of Justice had failed to anticipate the expiry of a framework contract; takes note of the explanations given by the Court of Justice in its Annual Activity Report for 2010 (6) concerning the legality of the procedure used; notes that the reinforced management of data on contracts in the SAP integrated management system (budgetary and financial management tool) should prevent the occurrence of such situations in future;

                  6.

                  Notes with satisfaction that the Directorate for Interpretation acted on the recommendations of the internal auditor concerning management of interpretation and of the expenditure relating to external interpreters, and that a further check is to be conducted on the proper functioning of those services;

                  7.

                  Notes that the Directorate-General for Infrastructure drew up an action plan in 2009 in response to the main recommendations of the internal auditor concerning the management and conservation of works of art; wishes to be informed, in the annual activity report for 2011, of the progress made;

                  8.

                  Takes note that the relevant service performed two internal audits on treasury management, bank accounts, implementation of payments and on daily allowances; wishes to be informed, in the annual activity report, of the action taken in response to the recommendations made;

                  9.

                  Welcomes the fact that development of the ‘e-Curia’ application, enabling procedural documents to be lodged and served electronically, entered a test phase in 2010 with two Member States; e-Curia should in due course make it possible to do away with a large proportion of correspondence, digitise documents coming in and going out, and optimise internal work flows;

                  10.

                  Notes with satisfaction that the Court of Justice looked into the issue of interpretation in its annual activity report for the financial year 2010, as requested by Parliament in its resolution of 10 May 2011 (7) on the discharge for the 2009 financial year (paragraph 14); notes the significant increase in the number of sessions (+ 27 %), which was mainly attributable to enlargement and to the entry into force of the Treaty of Lisbon:

                     Number of sessions
                      (8)

                              with interpretation:

                              2004

                              2005

                              2006

                              2007

                              2008

                              2009

                              2010

                              hearings

                              350

                              411

                              366

                              369

                              517

                              454

                              520

                              other meetings

                              63

                              51

                              78

                              54

                              30

                              37

                              102

                              total sessions

                              413

                              462

                              444

                              423

                              547

                              491

                              622

                  11.

                  Emphasises the importance of interinstitutional cooperation in regard to the management and recruitment of interpreters;

                  12.

                  Notes with satisfaction that the Court of Justice submitted to the budgetary authorities, in April 2011, an updated property investment plan for 2011-2013 based on two guiding principles: firstly, to house all the Court of Justice’s services on a single site and, secondly, for it to acquire ownership of the buildings; notes that construction costs are estimated to be around EUR 355 300 000, of which an amount of EUR 40 000 000 was still to be consolidated at the end of 2010;

                  13.

                  Expresses its satisfaction that the statistics concerning the Court of Justice’s activity in 2010 show, overall, sustained productivity and a very significant improvement in efficiency as regards the duration of proceedings: 16,1 months for references for a preliminary ruling; 16,7 months for direct actions (as opposed to 17,1 months in 2009) and 14,3 months for appeals (as opposed to 15,4 months in 2009);

                  14.

                  Hopes to see the length of duration of proceedings continuing to fall; believes that internal reorganisation and redeployment of specialised personnel into their respective areas of expertise could be beneficial for this purpose;

                  15.

                  Expresses its concern that, although the number of new cases (631 in 2010) brought before the Court of Justice increased considerably, there was no major change in the number of cases completed; notes also that the number of cases pending before the Court of Justice rose to 799 in the year concerned, even when the average duration of proceedings was at its lowest ever level of 16,1 months:

                     General Activity of the Court of Justice
                      (9)

                              2006

                              2007

                              2008

                              2009

                              2010

                              New cases

                              537

                              581

                              593

                              562

                              631

                              Completed cases

                              546

                              570

                              567

                              588

                              574

                              Pending cases

                              731

                              742

                              768

                              742

                              799

                  16.

                  Notes with concern the large increase in the number of new cases (636 in 2010) brought before the General Court; notes that the number of cases completed dropped slightly; however, the number of cases pending before the General Court had risen to 1 300, despite a decrease in the average duration of proceedings (27,2 months in 2009 but 24,7 months in 2010);

                     General activity of the General Court
                      (10)

                              2006

                              2007

                              2008

                              2009

                              2010

                              New cases

                              432

                              522

                              629

                              568

                              636

                              Completed cases

                              436

                              397

                              605

                              555

                              527

                              Pending cases

                              1 029

                              1 154

                              1 178

                              1 191

                              1 300

                  17.

                  Supports, therefore, the initiative taken by the Court of Justice which, in late March 2011, submitted to the two branches of the legislative authority a proposal for the reform of its Statute (which provides, inter alia, for the creation of 12 additional posts for judges at the General Court); considers that this initiative should be implemented in the most cost-efficient way possible; hopes that these structural measures can be approved in early 2012, with a view to their implementation as early as possible that year;

                  18.

                  Hopes that the next annual activity report will also provide a comprehensive table of all the human resources that the Court of Justice has at its disposal, broken down by category, grade, gender, participation in professional training and nationality; however, is already pleased at the exhaustiveness of the information provided by the Court of Justice in its annual activity report concerning staff management and at its response to the Parliament’s additional questions on this subject-matter; requests that such information should henceforth be automatically included in the Court’s report and that the Court should also communicate the results of the use by its staff of teleworking and flexitime arrangements.

         (1)  OJ L 64, 12.3.2010.

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

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

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

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

         (6)  Annual Activity Report for the Financial Year 2010, p. 91.

         (7)  OJ L 250, 27.9.2011, p. 90.

         (8)  Annual Activity Report for the Financial Year 2010, p. 54.

         (9)  Annual Activity Report for the Financial Year 2010, p. 6.

         (10)  Annual Activity Report for the Financial Year 2010, p. 8.


title: 2013/592/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/277

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2011
   (2013/592/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Railway Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Railway Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

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

               —

               having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European railway agency (Agency Regulation) (4), and in particular Article 39 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0103/2013),

               1.

               Grants the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               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 Executive Director of the European Railway Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 145.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 164, 30.4.2004, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Railway Agency for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Railway Agency for the financial year 2011, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

                  —

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

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

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

                  —

                  having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European railway agency (Agency Regulation) (4), and in particular Article 39 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0103/2013),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the European Railway Agency (‘the Agency’) for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas on 10 May 2012, Parliament granted the Executive Director of the Agency discharge for the implementation of the Agency’s budget for the financial year 2010 (6), and in its resolution accompanying the discharge, inter alia:

                              —

                              regretted the fact that errors in budgetary forecasts resulted in the cancellation or delay of certain investments; urged the Agency to inform the discharge authority immediately of the measures implemented in order to allow for better expenditure forecasts,

                              —

                              recalled that the Agency already carried over a substantial amount of appropriations in the financial years 2008 and 2009 to the financial year 2010; considered that those serious breaches of the budgetary principle of annuality can no longer be accepted in the future and that discharge should be refused on the next occasion, in the event that there is a further breach of that budgetary principle; called on the Agency to take the measures required to remedy the situation without delay,

                              —

                              considered that the Agency did not adequately address the problem of appropriations being carried forward from one year to the next; recalled the importance of the budgetary principle of annuality; called on the Agency to inform the discharge authority about actions taken to improve the annual budget implementation and to decrease the carryovers of budget appropriations,

                              —

                              urged the Agency to create a multiannual plan translating long-term objectives into multiannual tasks and associated key performance indicators; emphasised that this would provide stakeholders with better information on the Agency’s objectives, activities, strategic priorities and resource allocation,

                              —

                              called on the Agency to implement the Internal Audit Service (IAS) recommendations related to the audit on human resources management undertaken by the IAS in 2009,

                  C.

                  whereas, according to the Agency’s 2011 Annual Accounts Report (7), the budget for the Agency for the year 2011 was EUR 25 988 665, compared to EUR 24 147 240 in 2010, which accounts for an increase of 7,62 % compared to the previous year,

         Budgetary and financial management

                  1.

                  Notes from the Agency’s Annual Activity Report (AAR) that 95 % of appropriations were committed and 81 % have been used for payments; notes in particular that:

                              —

                              under Title I ‘Staff Expenditure’, the total committed appropriations amounted to EUR 15 930 664 (100 %), of which 99 % has been used for payment execution (EUR 15 710 948) while 1 % of the appropriations were carried forward to 2012 (EUR 219 716);

                              —

                              under Title II ‘Administrative Expenditure’, the total committed appropriations amounted to EUR 2 212 548 (nearly 100 %), of which 75 % has been used for payment execution (EUR 1 649 635) while 25 % of the appropriations were carried forward to 2012 (EUR 562 913);

                              —

                              under Title III ‘Operational Expenditure’, the total committed appropriations amounted to EUR 6 495 020 (83 %), of which 47 % has been used for payment execution (EUR 3 659 761) while 36 % of the appropriations were carried forward to 2012 (EUR 2 835 259);

                  2.

                  Acknowledges that the level of payments against budget appropriations improved for all titles, but remained low for Title III with 47 % (39 % in 2010); demands that the Agency take further actions to address this deficiency as the situation is at odds with the budgetary principle of annuality and report back to the budgetary authority forthwith;

         Staff

                  3.

                  Observes from the Court of Auditors’ report that the Agency will have to replace half of its operational staff in the period 2013–15; calls on the Agency to inform the discharge authority on the actions taken to manage this difficult situation which may cause major disruptions in the Agency’s operational activities;

         Two locations

                  4.

                  Takes note that the Agency recognises that the use of two locations leads to inefficiencies and additional costs; notes, moreover, that all efforts are made by the Agency to minimise the negative impact of the decision on the Agency’s seat;

                  5.

                  Acknowledges from the AAR that the preparatory phase of the project to increase the capacity of headquarters in Valenciennes was completed; notes moreover that the improvement of the Lille premises was postponed due to the lack of resources;

         Accounting system

                  6.

                  Observes from the AAR that the Agency updated its Manual for Financial Procedures according to the use of the modules of accrual-based accounting (ABAC) workflow and ABAC assets; notes, moreover, that the ABAC assets module was implemented in 2011;

                  7.

                  Welcomes the Agency’s implementation, as of 1 September 2010, of a centralised system for the registration of incoming invoices; stresses that this measure is necessary to ensure the timely recording of all invoices and contributes to avoiding delays in processing payments;

         Carryovers

                  8.

                  Acknowledges from the Court of Auditors’ report that the appropriations carried forward to 2012 amounted to EUR 3 617 887; calls on the Agency to take further action to address this deficiency as the situation is at odds with the budgetary principle of annuality;

         Recruitment procedures

                  9.

                  Acknowledges from the Court of Auditors’ report that the Agency could improve its recruitment procedures in order to fully ensure transparency and equal treatment of candidates; calls on the Agency to inform the discharge authority of the actions taken to improve the recruitment procedures; considers that some of the provisions of the Staff Regulations may present a considerable administrative burden; encourages, therefore, the Commission to allow for a certain degree of simplification under Article 110 of the Staff Regulations in regard to the agencies;

                  10.

                  Takes note from the AAR that staff had been recruited as planned with a vacancy rate of 2,78 % at the end of the year; notes, moreover, that the total number of staff at the end of 2011 was 140 temporary agents and 14 other staff (contractual agents and seconded national experts);

         Conflicts of interest

                  11.

                  Calls on the Agency to scrutinise and prohibit possible conflicts of interest when hiring experts and staff from the sector it supervises;

         Internal audit

                  12.

                  Acknowledges from the Agency that the IAS carried out an audit ‘Expert Management in Interoperability’ in 2011 in order to provide reasonable assurance on the adequacy and effectiveness of the internal control system regarding expert management in interoperability in the Agency; notes that based on the results the IAS raised six recommendations, out of which two as ‘very important’, three as ‘important’ and one as ‘desirable’; calls on the Agency to implement the IAS recommendations and to inform the discharge authority of the actions taken;

                  13.

                  Welcomes the Agency’s initiative of setting up an Internal Audit Capability (IAC) at the end of 2007 that is dedicated to providing support and advice to its Executive Director and management on internal control, risk assessment and internal audit; notes, moreover, that the IAC activity during 2011 was aimed at providing management support as regards the annual assessment of the 16 Internal Control Standards, the revision of the risk management framework, the coordination of the 2011 risk assessment exercise, and the development of a specific policy on the management of conflicts of interest within the Agency;

                  14.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 17 April 2013 (8) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 145.

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

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

         (4)  OJ L 164, 30.4.2004, p. 1.

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

         (6)  OJ L 286, 17.10.2012, p. 229.

         (7)  Annual Accounts Report for 2011, p. 6.

         (8)  Texts adopted, P7_TA(2013)0134 (see page 374 of this Official Journal).


Avis juridique important

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31981D0863

81/863/EEC: Council Decision of 28 September 1981 appointing an alternate member of the Advisory Committee on Training in Nursing

Official Journal L 318 , 07/11/1981 P. 0018 - 0018

****( 1 ) OJ NO L 176 , 15 . 7 . 1977 , P . 11 .  ( 2 ) OJ NO L 240 , 22 . 9 . 1979 , P . 27 .    COUNCIL DECISION   OF 28 SEPTEMBER 1981   APPOINTING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON TRAINING IN NURSING  ( 81/863/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO COUNCIL DECISION 77/454/EEC OF 27 JUNE 1977 SETTING UP AN ADVISORY COMMITTEE ON TRAINING IN NURSING  ( 1 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,   WHEREAS , BY ITS DECISION 79/810/EEC ( 2 ), THE COUNCIL APPOINTED MRS ANNY ELISABETH HANSEN AS AN ALTERNATE MEMBER FOR THE PERIOD ENDING ON 14 JANUARY 1982 ;   WHEREAS THE GOVERNMENT OF DENMARK NOMINATED MRS LIS BANKOV , ON 15 SEPTEMBER 1981 , WITH A VIEW TO REPLACING MRS ANNY ELISABETH HANSEN ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MRS LIS BANKOV IS HEREBY APPOINTED AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON TRAINING IN NURSING IN PLACE OF MRS ANNY ELISABETH HANSEN FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 14 JANUARY 1982 .   DONE AT BRUSSELS , 28 SEPTEMBER 1981 .   FOR THE COUNCIL   THE PRESIDENT   P . WALKER


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31989D0548

89/548/EEC: Council Decision of 21 June 1989 on the conclusion of a Supplementary Protocol to the Agreement between the European Economic Community and the Swiss Confederation concerning the elimination of existing and prevention of new quantitative restrictions affecting exports or measures having equivalent effect

Official Journal L 295 , 13/10/1989 P. 0028 - 0028 Finnish special edition: Chapter 11 Volume 15 P. 0112  Swedish special edition: Chapter 11 Volume 15 P. 0112

COUNCIL DECISION of 21 June 1989 on the conclusion of a Supplementary Protocol to the Agreement between the European Economic Community and the Swiss Confederation concerning the elimination of existing and prevention of new quantitative  restrictions affecting exports or measures having equivalent effect (89/548/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Agreement between the European Economic Community and the Swiss Confederation (1), signed in Brussels on 22 July 1972, does not provide for the prohibition of quantitative restrictions affecting exports and measures having equivalent effect;   Whereas it is in the interest of the European Economic Community and the Swiss Confederation to promote the free circulation of raw materials and goods by abolishing any such restrictions and measures and by preventing the creation of new restrictions  or measures affecting their mutual trade;  Whereas it is necessary both to make arrangements for a phased abolition of current restrictions affecting certain products or measures having equivalent effect and to provide for safeguard measures in the event either of re-export towards third  countries against which the exporting Contracting Party maintains restrictions or measures having equivalent effect or in the event of serious shortage of a particular product;  Whereas under Article 32 (1) of the Agreement, the Contracting Parties may, in the interest of their economies, develop the relations established by the Agreement by extending it to fields not covered thereby;  Whereas the Commission has held negotiations with the Swiss Confederation, which have resulted in a Protocol,  HAS DECIDED AS FOLLOWS:    Article 1 The Supplementary Protocol to the Agreement between the European Economic Community and the Swiss Confederation concerning the elimination of existing and prevention of new quantitative restrictions affecting exports or measures having equivalent effect is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2 The President of the Council shall give the notification provided for in Article 6 of the Supplementary Protocol.  Article 3 This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.   Done at Luxembourg, 21 June 1989.  For the Council The President C. ARANZADI   (1) OJ No L 300, 31. 12. 1972, p. 189.


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31997D0471

97/471/EC: Council Decision of 22 July 1997 providing macro-financial assistance for the former Yugoslav Republic of Macedonia

Official Journal L 200 , 29/07/1997 P. 0059 - 0060

COUNCIL DECISION of 22 July 1997 providing macro-financial assistance for the former Yugoslav Republic of Macedonia (97/471/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,Having regard to the proposal of the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas the Commission has consulted the Monetary Committee before submitting its proposal;Whereas the former Yugoslav Republic of Macedonia is undertaking fundamental political and economic reforms and is making substantial efforts to establish an open market economy;Whereas the former Yugoslav Republic of Macedonia and the European Community have signed a Cooperation Agreement and an Agreement in the field of transport which will help the development of a full cooperation relationship;Whereas the former Yugoslav Republic of Macedonia has agreed with the International Monetary Fund (IMF) on a comprehensive set of stabilization and policy reform measures to be supported by a loan under the Enhanced Structural Adjustment Facility (ESAF);Whereas the former Yugoslav Republic of Macedonia has agreed with the World Bank on a comprehensive set of structural adjustment measures to be backed by a Structural Adjustment Loan and Credit;Whereas the authorities of the former Yugoslav Republic of Macedonia have requested financial assistance from the international financial institutions, the Community and other bilateral donors; whereas, over and above the estimated financing which could be provided by the IMF and the World Bank, an important residual financing gap remains to be covered in the remainder of 1997 in order to strengthen the country's reserve position and support the policy objectives attached to the government's reform effort;Whereas the authorities of the former Yugoslav Republic of Macedonia have committed themselves to fully discharge their outstanding financial obligations towards the European Community and the European Investment Bank;Whereas a Community long-term loan to the former Yugoslav Republic of Macedonia is an appropriate measure to help ease the country's external financial constraints, supporting the balance of payments and strengthening the reserve position;Whereas the Community loan should be managed by the Commission;Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,HAS DECIDED AS FOLLOWS:Article 1 1. The Community shall make available to the former Yugoslav Republic of Macedonia a long-term loan facility of a maximum principal amount of ECU 40 million with a maximum maturity of fifteen years, with a view to ensuring a sustainable balance-of-payments situation and strengthening the country's reserve position.2. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of the former Yugoslav Republic of Macedonia in the form of a loan.3. This loan will be managed by the Commission in close consultation with the Monetary Committee and in a manner consistent with any agreement reached between the IMF and the former Yugoslav Republic of Macedonia.Article 2 1. The Commission is empowered to agree with the authorities of the former Yugoslav Republic of Macedonia, after consultation with the Monetary Committee, the economic policy conditions attached to the loan. These conditions shall be consistent with the agreements referred to in Article 1 (3).2. The Commission shall verify at regular intervals, in collaboration with the Monetary Committee and in coordination with the IMF, that the economic policy in the former Yugoslav Republic of Macedonia is in accordance with the objectives of this loan and that its conditions are being fulfilled.Article 3 1. The loan shall be made available to the former Yugoslav Republic of Macedonia in two tranches. The first tranche is to be released subject to the provisions of Article 2 and after the full settlement of all due financial obligations of the former Yugoslav Republic of Macedonia towards the Community and the European Investment Bank.2. Subject to the provisions of Article 2, the second tranche shall be released on the basis of a satisfactory track record in the implementation of the ESAF programme and not before three months after the release of the first tranche.3. The funds shall be paid to the National Bank of the former Yugoslav Republic of Macedonia.Article 4 1. The borrowing and lending operations referred to in Article 1 shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest rate risk, or in any other commercial risk.2. The Commission shall take the necessary steps, if the former Yugoslav Republic of Macedonia so requests, to ensure that an early repayment clause is included in the loan terms and conditions and that it may be exercised.3. At the request of the former Yugoslav Republic of Macedonia, and where circumstances permit an improvement in the interest rate on the loans, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by the former Yugoslav Republic of Macedonia.5. The Monetary Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3 at least once a year.Article 5 At least once a year the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation, on the implementation of this Decision.Done at Brussels, 22 July 1997.For the CouncilThe PresidentJ. POOS(1) OJ No C 190, 21. 6. 1997, p. 31.(2) OJ No C 200, 30. 6. 1997.


title: 86/49/ECSC: Decision of the representatives of the governments of the Member States, meeting within the Council of 3 March 1986 establishing arrangements for trade between Spain and Portugal on the one hand and the African, Caribbean and Pacific States (ACP States) on the other in products falling within the ECSC Treaty

text:
5 . 3 . 86                                 Official Journal of the European Communities                                  No L 63 / 185
                   DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
                                      MEMBER STATES , MEETING WITHIN THE COUNCIL
                                                          of 3 March 1986
                    establishing arrangements for trade between Spain and Portugal on the one hand and the
                    African, Caribbean and Pacific States (ACP States) on the other in products falling within the
                                                             ECSC Treaty
                                                           ( 86 / 49 / ECSC )
THE REPRESENTATIVES OF THE GOVERNMENTS OF THE                            Whereas the validity of the special provisions applying to
MEMBER STATES OF THE EUROPEAN COAL AND STEEL                             Spain and Portugal should therefore be extended beyond the
COMMUNITY , MEETING WITHIN THE COUNCIL ,                                 expiry of the abovementioned Regulation, pending the
                                                                         conclusion of the negotiations under way with the ACP States
                                                                         for a protocol adapting the Third ACP-EEC Convention and
Whereas the Member States have concluded the Treaty                      laying down transitional measures to take account of the
establishing the European Coal and Steel Community;                      accession of Spain and Portugal ;
Whereas the Community and the ACP States opened                          Whereas the Canary Islands , Ceuta and Melilla are not part
negotiations on 10 December 1985 for the conclusion of a                 of the customs territory of the Community and , in principle ,
protocol to adapt the Third ACP-EEC Convention to take                   unilateral or contractual acts of Community institutions
account of the accession of Spain and Portugal to the                    concerning the common commercial policy and relating
European Communities ;                                                   directly to the import or export of goods do not apply to
                                                                         those territories ;
Whereas Articles 1 80 ( 1 ) and 367 of the Act of Accession of           Whereas Article 7 of Protocol No 2 to the Act of Accession
Spain and Portugal provide that if such a protocol has not               concerning the Canary Islands , Ceuta and Melilla provides ,
been concluded by 1 January 1986 the Community shall take                however, that customs duties , charges having equivalent
the necessary measures to remedy the situation ;                         effect and trade arrangements applying to imports into the
                                                                         Canary Islands , Ceuta and Melilla of goods coming from a
                                                                         third country may not be less favourable than those applied
Whereas the Third ACP-EEC Convention has not yet entered                 by the Community in accordance with its international
into force ;                                                             commitments or preferential arrangements vis-a-vis such
                                                                         country , provided the country in question accords imports
                                                                         from the Canary Islands , Ceuta and Melilla the same
Whereas Council Regulation ( EEC) No 485 / 85 of 26                      treatment as it accords those from the Community ;
February 1985 concerning the application of Decision No
2 / 85 of the ACP-EEC Council of Ministers on transitional               Whereas provisions should therefore be adopted for
measures valid from 1 March 1985 (*), as extended by                     implementation of the trade arrangements applicable to
Council Regulation ( EEC ) No 690 / 86 ( 2 ), lays down                  imports into the Canary Islands , Ceuta and Melilla of
transitional measures to apply pending the entry into force of           products originating in the ACP States ,
the Third ACP-EEC Convention ;
                                                                         In agreement with the Commission ,
Whereas the said transitional measures apply as between the
ACP States and the enlarged Community;
                                                                         HAVE DECIDED AS FOLLOWS :
Whereas it is therefore necessary to lay down special
provisions for the implementation by the Kingdom of Spain
and the Portuguese Republic of the trade arrangements                                               Article 1
established by the above Regulation ;
                                                                         From 1 March 1986 until the entry into force of the protocol
                                                                         referred to in Articles 179 and 366 of the Act of Accession or
Whereas the Third Convention is shortly due to enter into                until 31 December 1986 , whichever is the earlier , the
force and provides for trade arrangements identical to those             Kingdom of Spain and the Republic of Portugal shall apply to
established by the abovementioned Regulations ;                          imports originating in the ACP States of products falling
                                                                         within the ECSC Treaty the same arrangements as are
(^ OJ No L 61 , 1 . 3 . 1985 , p. 1 .                                    applied by the other Member States , having regard to the
(2 ) See page 1 of this Official Journal .                                special provisions set out in the Annex .
 ---pagebreak--- No L 63 / 186                            Official Journal of the European Communities                                      5 . 3 . 86
                          Article 2                                 It shall take effect on the day of its publication and apply as
                                                                    from 1 March 1986 .
Member States shall take the measures necessary to
implement this Decision .
                                                                    Done at Brussels , 3 March 1986 .
                          Article 3
                                                                                The President
This Decision shall be published in the Official Journal of the
European Communities .                                                                                W. F. van EEKELEN
 ---pagebreak--- 5 . 3 . 86                               Official Journal of the European Communities                                No L 63 / 187
                                                             ANNEX
                  Special provisions for imports into Spain and Portugal of products falling within the ECSC
                           Treaty and originating in the African, Caribbean and Pacific (ACP States )
                          CHAPTER I                                 will be the duty actually applied by the Kingdom of Spain
                                                                    vis-ci-vis the Community on 1 January 1985 .
SPECIAL PROVISIONS APPLICABLE TO THE KINGDOM OF
                             SPAIN
                                                                                Article 3
                           Article 1
                                                                    Should the Kingdom of Spain suspend or reduce customs
                                                                    duties on imports from the Community as constituted on
1.      From 1 March 1986 the Kingdom of Spain shall apply          31 December 1985 more rapidly than envisaged under the
to products falling within the ECSC Treaty and originating in       timetable laid down , it shall also suspend or reduce by the
the African , Caribbean and Pacific (ACP ) States the same          same percentage the customs duties applying to like products
customs duties as it applies to like products from the              originating in the ACP States .
Community as constituted on 31 December 1985 .
2.      The Kingdom of Spain shall dismantle customs duties
                                                                                Article 4
on imports of the products referred to in paragraph 1 in
accordance with the following timetable :
                                                                    Provided the ACP States accord imports coming from the
— on 1 March 1986 each duty shall be reduced to 90% of              Canary Islands , Ceuta and Melilla the same treatment as they
     the basic duty ,                                               accord imports from the Community:
— on 1 January 1987 each duty shall be reduced to 77,5 %            — customs duties existing in those territories and the charge
     of the basic duty ,                                                known as the 'arbitrio insular — tarifa general' existing in
                                                                        the Canary Islands shall be dismantled in respect of
— on 1 January 1988 each duty shall be reduced to 62,5 %                products originating in the ACP States in accordance with
     of the basic duty,                                                 the timetable and arrangements laid down in Articles 1 , 2
                                                                        and 3 ,
— on 1 January 1989 each duty shall be reduced to 47,5 %
     of the basic duty ,                                            — the charge known as the 'arbitrio insular — tarifa
                                                                        especial' existing in the Canary Islands shall be abolished
— on 1 January 1990 each duty shall be reduced to 35 % of               on 1 March 1986 in respect of products originating in the
     the basic duty ,                                                   ACP States .
— on 1 January 1991 each duty shall be reduced to 22,5 %
     of the basic duty ,
— on 1 January 1992 each duty shall be reduced to 10 % of                                      CHAPTER II
     the basic duty .
                                                                         SPECIAL PROVISIONS APPLICABLE TO PORTUGAL
The final 10% reduction shall be made on 1 January
1993 .
3.      For the purposes of applying the duties calculated in                                   Article 5
accordance with paragraph 2 they shall be rounded down to
one decimal place .                                                 1.     As from 1 March 1986 the Portuguese Republic shall
                                                                    abolish customs duties on imports originating in the ACP
                                                                    States of products falling within the ECSC Treaty .
                            Article 2
                                                                    2.      By way of derogation from paragraph 1 , the
                                                                    Portuguese Republic shall dismantle customs duties on
The basic duty for each product , at which the successive           imports of the following products in accordance with the
reductions provided for in Article 1 ( 2 ) shall be applied ,       timetable set out below :
 ---pagebreak--- No L 63 / 188                                 Official Journal of the European Communities                                        5 . 3 . 86
                                                                                Article 6
     CCT
   heading                            Description
      No
                                                                         1.     The basic duty for each product, to which the
                                                                         successive reductions provided for in Article 5 ( 2 ) shall be
    73.10     Bars and rods ( including wire rod ), of iron or steel ,   applied , will be the duty actually applied by the Portuguese
              hot-rolled , forged , extruded , cold-formed or            Republic vis-ci-vis the ACP States on 1 January 1985 .
              cold-finished ( including precision-made ); hollow
              mining drill steel :
                                                                         2.     By way of derogation from paragraph 1 , the
              A. Not further         worked     than   hot-rolled   or
                                                                         Portuguese Republic shall dismantle customs duties on
                   extruded :
                                                                         products falling within subheading ex 73.12 B IV d ) of the
                   I. Wire rod (ECSC)                                    Common Customs Tariff starting from a basic duty of 20 % ,
    73.11     Angles , shapes and sections , of iron or steel ,          provided the said duties are higher than the duties referred to
              hot-rolled , forged , cold-formed or cold-finished ,       in paragraph 1 .
              sheet piling of iron or steel , whether or not drilled ,
              punched or made from assembled elements :
              A. Angles , shapes and sections :
                                                                                Article 7
                   I. Not further worked than hot-rolled or
                      extruded (ECSC)
                                                                         Should the Portuguese Republic suspend customs duties on
    73.13     Sheets and plates , of iron or steel , hot-rolled or       imports from the Community as constituted on 31 December
              cold-rolled :
                                                                         1985 or reduce them more rapidly than envisaged in the
              B. Other sheets and plates :                               timetable laid down in Article 5 ( 2 ), it shall also suspend or
                   IV . Clad , coated or          otherwise   surface   reduce by the same percentage the customs duties applying to
                        treated :                                        like products originating in the ACP States .
                        ex d) Other (for example , copper-plated ,
                                artificially oxidized , lacquered ,
                               nickel-plated , varnished , clad ,
                               parkerised , printed ) (ECSC):                                       Article 8
                               — coated with polyvinyl chloride
                                                                         1.     The following charges applied by the Portuguese
                                                                         Republic to trade with the ACP States shall be dismantled in
— on 1 March 1986 each duty shall be reduced to 90 % of                  accordance with the timetable indicated :
   the basic duty ,
— on 1 January 1987 each duty shall be reduced to 80 % of                ( a ) The 0,4% ad valorem charge applied :
   the basic duty,                                                             — to goods imported temporarily ,
— on 1 January 1988 each duty shall be reduced to 65 % of                      — to reimported goods (other than containers ),
   the basic duty,                                                             — to goods imported under inward processing
— on 1 January 1989 each duty shall be reduced to 50 % of                          arrangements allowing drawback of duties paid on
   the basic duty ,                                                                the import goods following export of the products
                                                                                obtained ,
— on 1 January 1990 each duty shall be reduced to 40 % of                      shall be :
   the basic duty,
                                                                               — reduced to 0,2% on 1 January 1987 , and
— on 1 January 1991 each duty shall be reduced to 30 % of
                                                                               — abolished on 1 January 1988 .
   the basic duty ,
— the final two 15 % reductions shall be made on 1 January               ( b ) The 0,9 % ad valorem charge applied to goods imported
                                                                               for home use shall be :
   1992 and 1 January 1993 .
                                                                               — reduced to 0,6% on 1 January 1989 ,
3 . For the purpose of applying the duties calculated in                       — reduced to 0,3% on 1 Janaury 1990 , and
accordance with paragraph 2 they shall be rounded down to
one decimal place .                                                            — abolished on 1 January 1991 .


title: 2008/510/EC: Decision of the European Parliament of 24 April 2007 on closing the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/90

      DECISION OF THE EUROPEAN PARLIAMENT

   of 24 April 2007
   on closing the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2005
   (2008/510/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2005, together with the Foundation's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (4), and in particular Article 16 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 Employment and Social Affairs (A6-0098/2007),

               1.

               Notes that the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial years 2004 and 2005 are as follows:
               Revenue and expenditure account for the financial years 2004 and 2005

                           (in EUR 1000)

                           2005

                           2004

                              Revenue

                           Commission subsidies

                           18 800

                           18 000

                           Miscellaneous revenue

                           5

                           5

                           Revenue from services rendered

                           158

                           81

                              Total revenue (a)

                              18 963

                              18 086

                              Expenditure

                              Staff — Title I of the budget

                           Payments

                           8 814

                           8 606

                           Appropriations carried over

                           157

                           132

                              Administration — Title II of the budget

                           Payments

                           875

                           1 267

                           Appropriations carried over

                           507

                           489

                              Operating activities — Title III of the budget

                           Payments

                           4 967

                           5 056

                           Appropriations carried over

                           3 809

                           2 522

                              Total expenditure (b)

                              19 130

                              18 072

                              Outturn for the financial year (a - b)

                              - 167

                              14

                           Balance carried over from the previous financial year

                           -1 224

                           -1 296

                           Appropriations carried over and cancelled

                           71

                           34

                           Sums from the previous financial year for re-use and not used

                           0

                           18

                           Phare revenue collected

                           260

                           0

                           Phare revenue to be collected

                           0

                           0

                           Phare expenditure

                           - 145

                           0

                           Other adjustments

                           0

                           10

                           Exchange rate differences

                           0

                           - 4

                              Balance for the financial year

                              -1 205

                              -1 224

                              Source: The Foundation's data. This table summarises the data provided by the Foundation in its annual accounts.

               2.

               Approves closing the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2005;

               3.

               Instructs its President to forward this Decision to the executive director of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 37.

      (2)  OJ C 312, 19.12.2006, p. 80.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 139, 30.5.1975, p. 1. Regulation as last amended by Regulation (EC) No 1111/2005 (OJ L 184, 15.7.2005, p. 1).

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


Avis juridique important

|

41980D1187

80/1187/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 16 December 1980 on the opening of tariff preferences for products within the province of that Community originating in the overseas countries and territories associated with the Community

Official Journal L 361 , 31/12/1980 P. 0111 - 0112 Greek special edition: Chapter 11 Volume 28 P. 0108  Spanish special edition: Chapter 11 Volume 14 P. 0113  Portuguese special edition Chapter 11 Volume 14 P. 0113

++++DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL  OF 16 DECEMBER 1980  ON THE OPENING OF TARIFF PREFERENCES FOR PRODUCTS WITHIN THE PROVINCE OF THAT COMMUNITY ORIGINATING IN THE OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE COMMUNITY   ( 80/1187/ECSC )  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,  WHEREAS THE MEMBER STATES HAVE CONCLUDED AMONG THEMSELVES THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ;  WHEREAS TITLE I OF COUNCIL DECISION 80/1186/EEC OF 16 DECEMBER 1980 ON THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 1 ) DOES NOT APPLY TO PRODUCTS WITHIN THE PROVINCE OF THE EUROPEAN COAL AND STEEL COMMUNITY ;  WHEREAS , HOWEVER , TRADE IN SUCH PRODUCTS BETWEEN THE MEMBER STATES AND THE COUNTRIES AND TERRITORIES SHOULD BE MAINTAINED AND INTENSIFIED ;  IN AGREEMENT WITH THE COMMISSION ,  HAVE DECIDED AS FOLLOWS :  ARTICLE 1  THE DUTIES APPLICABLE IN THE COMMUNITY TO IMPORTS OF PRODUCTS WITHIN THE PROVINCE OF THE EUROPEAN COAL AND STEEL COMMUNITY ORIGINATING IN THE COUNTRIES AND TERRITORIES LISTED IN ANNEX I TO DECISION 80/1186/EEC , THE CHARGES HAVING AN EFFECT EQUIVALENT TO SUCH DUTIES AND THE COLLECTION OF SUCH DUTIES AND CHARGES SHALL BE SUSPENDED ; HOWEVER , THE TREATMENT APPLIED TO THESE PRODUCTS SHALL NOT BE MORE FAVOURABLE THAN THAT APPLIED BY THE MEMBER STATES AMONG THEMSELVES .  ARTICLE 2  THE PRODUCTS REFERRED TO ABOVE ORIGINATING IN THE MEMBER STATES SHALL BE ADMITTED FOR IMPORT INTO THE COUNTRIES AND TERRITORIES ON CONDITIONS SIMILAR TO THOSE LAID DOWN IN CHAPTER 1 OF TITLE I OF DECISION 80/1186/EEC .  ARTICLE 3  CONSULTATIONS SHALL TAKE PLACE BETWEEN THE MEMBER STATES CONCERNED IN ALL CASES WHERE , IN THE OPINION OF ONE OF THEM , THE IMPLEMENTATION OF THE ABOVE PROVISIONS CALLS FOR SUCH CONSULTATIONS .  ARTICLE 4  THE PROVISIONS LAYING DOWN THE RULES OF ORIGIN FOR THE APPLICATION OF DECISION 80/1186/EEC SHALL ALSO APPLY TO THIS DECISION .  ARTICLE 5  THE MEMBER STATES SHALL DECIDE BY MUTUAL AGREEMENT ON ANY SAFEGUARD MEASURES SUGGESTED BY ONE OR MORE MEMBER STATES OR THE COMMISSION .  ARTICLE 6  THIS DECISION SHALL APPLY UNTIL 28 FEBRUARY 1985 .  ARTICLE 7  MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO IMPLEMENT THIS DECISION .  ARTICLE 8  THIS DECISION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES AT THE SAME TIME AS DECISION 80/1186/EEC .  IT SHALL ENTER INTO FORCE AT THE SAME TIME AS DECISION 80/1186/EEC .  DONE AT BRUSSELS , 16 DECEMBER 1980 .  THE PRESIDENT  COLETTE FLESCH  ( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .


Avis juridique important

|

31981D0059

81/59/EEC: Council Decision of 20 January 1981 appointing two full members of the Advisory Committee on Social Security for Migrant Workers

Official Journal L 052 , 27/02/1981 P. 0056 - 0056

****( 1 ) OJ NO L 149 , 5 . 7 . 1971 , P . 2 .        COUNCIL DECISION   OF 20 JANUARY 1981   APPOINTING TWO FULL MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS  ( 81/59/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 82 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 15 OCTOBER 1979 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE PERIOD ENDING 14 OCTOBER 1981 ,   WHEREAS TWO SEATS OF FULL MEMBERS ON THE AFORESAID COMMITTEE IN THE GOVERNMENT REPRESENTATIVES '  CATEGORY HAVE FALLEN VACANT FOLLOWING THE RESIGNATION OF MR SEABOURN AND MR REFFELL NOTIFIED TO THE COUNCIL ON 16 DECEMBER 1980 ,   HAVING REGARD TO THE NOMINATIONS SUBMITTED ON 16 DECEMBER 1980 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR I . G . GILBERT AND MISS K . E . W . BLUNT ARE HEREBY APPOINTED FULL MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS IN PLACE OF MR SEABOURN AND MR REFFELL FOR THE REMAINDER OF THEIR TERMS OF OFFICE WHICH RUN UNTIL 14 OCTOBER 1981 .   DONE AT BRUSSELS , 20 JANUARY 1981 .   FOR THE COUNCIL   THE PRESIDENT   CH . A . VAN DER KLAAUW


Avis juridique important

|

E1995C0068

EFTA SURVEILLANCE AUTHORITY DECISION No 68/95/COL of 19 June 1995 approving the plan presented by Norway to monitor and control salmonella in poultry

Official Journal L 189 , 10/08/1995 P. 0033 - 0033

EFTA SURVEILLANCE AUTHORITY DECISION No 68/95/COL of 19 June 1995 approving the plan presented by Norway to monitor and control salmonella in poultry THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in Point 34c of Chapter I of Annex I to the Agreement on the European Economic Area concerning measures for protection against specified zoonoses and specified zoonotic agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections and intoxications (Council Directive 92/117/EEC; hereinafter referred to as the Zoonoses Act) and in particular Article 8 (3) thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (e) thereof,Whereas in accordance with Article 8 (2) of the Zoonoses Act, Norway has by letter dated 24 April 1995 sent a plan to monitor and control salmonella in Norwegian poultry;Whereas the aforementioned plan meets the criteria laid down in Article 8 (2) of the Zoonoses Act;Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority;Whereas the plan should be approved accordingly,HAS ADOPTED THIS DECISION:1. The plan presented by Norway to monitor and control salmonella in poultry is hereby approved.2. Norway shall bring into force by 1 September 1995 the laws, regulations and administrative provisions for implementing the plan referred to in Point 1.3. This Decision shall enter into force on 1 September 1995.4. This Decision is addressed to Norway.5. This Decision shall be authentic in the English language.Done at Brussels, 19 June 1995.For the EFTA Surveillance AuthorityBjörn FRIÐFINNSSONCollege Member


title: Council Decision (EU) 2015/1034 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver

text:
               3.7.2015

               EN

               Official Journal of the European Union

               L 173/37

         COUNCIL DECISION (EU) 2015/1034
   of 7 May 2015
   on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to Saint Vincent and the Grenadines from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2).

               (2)

               That reference to Saint Vincent and the Grenadines is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

               (3)

               On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with Saint Vincent and the Grenadines for the conclusion of an agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver (the ‘Agreement’).

               (4)

               Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 11 December 2014.

               (5)

               The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

               (6)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (7)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The declarations attached to this Decision shall be approved on behalf of the Union.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 4
   The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.
   Article 5
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 7 May 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

      (2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

      (5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Islamic Republic of Pakistan on the supply of common wheat as food aid

text:
24. 3 . 75                      Official Journal of the European Communities                        No L 75/23
                                            COUNCIL DECISION
                                             of 17 February 1975
           on the conclusion of the Agreement between the European Economic Community and
                 the Islamic Republic of Pakistan on the supply of common wheat as food aid
                                                 (75 / 179/EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113 , 114 and 228 thereof ;
           Having regard to the recommendation from the Commission ;
           Whereas the European Economic Community has concluded the 1971 Food Aid
           Convention ;
           Whereas by its letter of 15 August 1973 , the Islamic Republic of Pakistan has requested
           food aid;
           Whereas in view of the cereal supply situation in that country the latter should be
           accorded, under the Community food-aid programme for 1973 /74, and by way of
           gift, 28 000 metric tons of common wheat,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and the Islamic Republic
           of Pakistan on the supply of common wheat as food aid is hereby concluded on behalf
           of the Community.
           The text of the Agreement is annexed to this Decision.
                                                    Article 2
           The President of the Council is hereby authorized to designate the persons empowered
           to sign the Agreement and to confer on them the necessary powers to bind the
           Community.
           Done at Brussels, 17 February 1975 .
                                                                         For the Council
                                                                          The President
                                                                             R. RYAN