               27.9.2016

               EN

               Official Journal of the European Union

               C 353/108

         P8_TA(2015)0192
   Request for waiver of the immunity of Jérôme Lavrilleux
   European Parliament decision of 19 May 2015 on the request for waiver of the immunity of Jérôme Lavrilleux (2015/2014(IMM))
   (2016/C 353/17)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Jérôme Lavrilleux, forwarded on 23 December 2014 by the French Minister of Justice at the request of the Chief Prosecutor at the Paris Court of Appeal, and announced in plenary on 15 January 2015,

               —

               having heard Jérôme Lavrilleux in accordance with Rule 9(5) of its Rules of Procedure,

               —

               having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1),

               —

               having regard to Article 26 of the Constitution of the French Republic,

               —

               having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A8-0152/2015),

               A.

               whereas the Chief Prosecutor at the Paris Court of Appeal has requested the waiver of immunity of Jérôme Lavrilleux, Member of the European Parliament, in connection with an ongoing judicial investigation into charges of forgery, use of forged documents, breach of trust, attempted fraud and complicity in and concealment of those offences, illegal financing of an election campaign and concealment of and complicity in that offence; and whereas the French judges would like, in this context, to take a custodial or semi-custodial measure against Jérôme Lavrilleux;

               B.

               whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament shall enjoy, in the territory of their own state, the immunities accorded to members of the Parliament of that state;

               C.

               whereas Article 26, paragraphs 2 and 3, of the French Constitution provides that no Member of Parliament shall be arrested for a serious crime or other major offence, nor shall he be subjected to any other custodial or semi-custodial measure, without the authorisation of the Bureau of the House of which he is a member; that such authorisation shall not be required in the case of a serious crime or other major offence committed flagrante delicto or when a conviction has become final; and that the Assembly may request the suspension of detention, of custodial or semi-custodial measures or of proceedings against one of its Members;

               D.

               whereas Jérôme Lavrilleux is suspected of having taken part in a system of false invoicing for campaign expenditure;

               E.

               whereas the waiver of the immunity of Jérôme Lavrilleux should be subject to the conditions indicated in Rule 9(6) of the Rules of Procedure;

               F.

               whereas the alleged charges are not related to the position of Jérôme Lavrilleux as a Member of the European Parliament and arise from his former position as a deputy campaign director in the last presidential election in France;

               G.

               whereas the prosecution does not concern opinions expressed or votes cast by Jérôme Lavrilleux as a Member of the European Parliament in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

               H.

               whereas Parliament has found no evidence of fumus persecutionis, that is to say, a sufficiently serious and precise presumption that the proceedings were initiated with the intention of causing political damage to the Member;

               1.

               Decides to waive the immunity of Jérôme Lavrilleux;

               2.

               Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of the French Republic and to Jérôme Lavrilleux.

      (1)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


title: Decision (EU, Euratom) 2017/1606 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III — Commission

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/26

         DECISION (EU, Euratom) 2017/1606 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III — Commission
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2015 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2015 (COM(2016) 475 — C8-0269/2016) (2),

               —

               having regard to the Commission's report on the follow-up to the discharge for the 2014 financial year (COM(2016) 674), and to the accompanying Commission staff working documents (SWD(2016) 338, SWD(2016) 339),

               —

               having regard to the Commission's 2015 Annual Management and Performance Report for the EU Budget (COM(2016) 446),

               —

               having regard to the Commission's annual report to the discharge authority on internal audits carried out in 2015 (COM(2016) 628), and to the accompanying Commission staff working document (SWD(2016) 322),

               —

               having regard to the Court of Auditors' annual report on the implementation of the budget for the financial year 2015, together with the institutions' replies (3), and to the Court of Auditors' special reports,

               —

               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 financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Commission in respect of the implementation of the budget for the financial year 2015 (05876/2017 — C8-0037/2017),

               —

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

               —

               having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

               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 (5), and in particular Articles 62, 164, 165 and 166 thereof,

               —

               having regard to Rule 93 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A8-0150/2017),

               A.

               whereas, under Article 17(1) of the Treaty on European Union, the Commission is to execute the budget and manage programmes and, pursuant to Article 317 of the Treaty on the Functioning of the European Union, is to implement the budget in cooperation with the Member States, on its own responsibility, having regard to the principles of sound financial management;

               1.

               Grants the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2015;

               2.

               Sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III — Commission and executive agencies and in its resolution of 27 April 2017 on the Court of Auditors' special reports in the context of the Commission discharge for the financial year 2015 (6);

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Council, the Commission and the Court of Auditors, and to the national parliaments and the national and regional audit institutions of the Member States, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2015.

      (2)  OJ C 380, 14.10.2016, p. 1.

      (3)  OJ C 375, 13.10.2016, p. 1.

      (4)  OJ C 380, 14.10.2016, p. 147.

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

      (6)  Texts adopted of that date, P8_TA(2017)0144 (see page 66 of this Official Journal).


title: Decision (EU) 2016/2154 of the European Parliament of 27 October 2016 on discharge in respect of the implementation of the budget of the ENIAC Joint Undertaking for the financial year 2014

text:
               8.12.2016

               EN

               Official Journal of the European Union

               L 333/54

         DECISION (EU) 2016/2154 OF THE EUROPEAN PARLIAMENT
   of 27 October 2016
   on discharge in respect of the implementation of the budget of the ENIAC Joint Undertaking for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the ENIAC Joint Undertaking for the financial year 2014,

               —

               having regard to the Court of Auditors' report on the annual accounts of the ENIAC Joint Undertaking for the financial year 2014, together with the Joint Undertaking's reply (1),

               —

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

               —

               having regard to the Council's recommendation of 12 February 2016 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 — C8-0058/2016),

               —

               having regard to its decision of 28 April 2016 (3) postponing the discharge decision for the financial year 2014, and the replies from the Executive Director of the ECSEL Joint Undertaking (formerly the ENIAC Joint Undertaking and the ARTEMIS Joint Undertaking),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 209 thereof,

               —

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

               —

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

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (7),

               —

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

               —

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

               —

               having regard to the second report of the Committee on Budgetary Control (A8-0264/2016),

               1.

               Grants the Executive Director of the ECSEL Joint Undertaking (formerly the ENIAC Joint Undertaking and the ARTEMIS Joint Undertaking) discharge in respect of the implementation of the ENIAC Joint Undertaking's budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 422, 17.12.2015, p. 25.

      (2)  OJ C 422, 17.12.2015, p. 26.

      (3)  OJ L 246, 14.9.2016, p. 432.

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

      (5)  OJ L 30, 4.2.2008, p. 21.

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

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

      (8)  OJ L 38, 7.2.2014, p. 2.


title: Council Decision of 25 May 2007 appointing two Dutch members of the European Economic and Social Committee

text:
               2.6.2007

               EN

               Official Journal of the European Union

               C 122/1

      COUNCIL DECISION

   of 25 May 2007
   appointing two Dutch members of the European Economic and Social Committee
   (2007/C 122/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2006/651/EC, Euratom of 15 September 2006 appointing Belgian, Greek, Irish, Cypriot, Dutch, Polish, Portuguese, Finnish, Swedish and British members and two Italian members of the European Economic and Social Committee (1) for the period from 21 September 2006 to 20 September 2010,
   Having regard to the nominations submitted by the Netherlands Government,
   Having regard to the opinion of the European Commission,
   Whereas two Dutch members' seats on the European Economic and Social Committee have fallen vacant following the resignations of Mr SLOOTWEG and Mr ETTY,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr MEIJER and Ms VAN WEZEL are hereby appointed members of the European Economic and Social Committee in place of Mr SLOOTWEG and Mr ETTY for the remainder of their term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Brussels, 25 May 2007.

            For the Council

            The President

         A. SCHAVAN

      (1)  OJ L 269, 28.9.2006, p. 13.


title: 2009/966/EC: Commission Decision of 30 November 2009 adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 689/2008 of the European Parliament and of the Council and amending Commission Decisions 2000/657/EC, 2001/852/EC, 2003/508/EC, 2004/382/EC and 2005/416/EC

text:
               22.12.2009

               EN

               Official Journal of the European Union

               L 341/14

      COMMISSION DECISION

   of 30 November 2009
   adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 689/2008 of the European Parliament and of the Council and amending Commission Decisions 2000/657/EC, 2001/852/EC, 2003/508/EC, 2004/382/EC and 2005/416/EC
   (2009/966/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals (1), and in particular the second subparagraph of Article 12(1) thereof,
   After consulting the Committee established by Article 133 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (2),
   Whereas:

               (1)

               Under Regulation (EC) No 689/2008 the Commission is to decide on behalf of the Community whether or not to permit the import into the Community of each chemical subject to the Prior Informed Consent (PIC) procedure.

               (2)

               The United Nations Environment Programme (UNEP) and the Food and Agriculture Organization (FAO) have been appointed to provide secretariat services for the operation of the PIC procedure established by the Rotterdam Convention on the PIC procedure for certain hazardous chemicals and pesticides in international trade, approved by the Community by Council Decision 2006/730/EC of 25 September 2006 on the conclusion, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (3).

               (3)

               The Commission, acting as common designated authority, is required to forward import decisions on chemicals subject to the PIC procedure to the Secretariat of the Rotterdam Convention, on behalf of the Community and its Member States.

               (4)

               It is necessary to revise previous import decisions in relation to the chemicals ethylene oxide, fluoroacetamide, HCH (mixed isomers), lindane, methamidophos, pentachlorophenol and its salts and esters, polybrominated biphenyls (PBBs), polychlorinated terphenyls (PCTs), dustable powder formulations containing a combination of benomyl, carbofuran and thiram and mercury compounds in order to reflect the enlargement of the Community on 1 January 2007 as well as to take account of regulatory developments in the Community since those decisions were adopted.

               (5)

               The placing on the market and use of ethylene oxide under Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (4) is restricted to certain specific areas pursuant to Commission Regulation (EC) No 1451/2007 (5) on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC. Consequently, imports are only allowed for those specific uses. Member States can decide which of those uses allowed under Directive 98/8/EC they authorise in their territory.

               (6)

               Fluoroacetamide and pentachlorophenol and its salts and esters are not included as active substances in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (6) or in Annex I, IA or IB to Directive 98/8/EC, with the effect that those active substances are banned for pesticide use. Consequently, it is prohibited to import fluoroacetamide and pentachlorophenol and its salts and esters for use as pesticides.

               (7)

               Since 1 July 2008 methamidophos is no longer included in Annex I to Directive 91/414/EEC, with the effect that all authorisations for plant protection products containing methamidophos had to be withdrawn by Member States and that any placing on the market of plant protection products containing methamidophos is prohibited. Furthermore, methamidophos has not been identified or notified under the Community review programme for evaluation of existing substances under Directive 98/8/EC and is therefore not allowed to be placed on the market for use as a biocidal product.

               (8)

               The production, placing on the market and use of lindane and HCH (mixed isomers) were prohibited by Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (7) and the derogation allowed for under that Regulation expired on 31 December 2007. Consequently, any import of those chemicals is prohibited as from that date.

               (9)

               Any production, placing on the market and use of hexabromo-1,1’-biphenyl is banned. Furthermore, that chemical belongs to the group of PBBs, which is included in Annex III to the Rotterdam Convention and subject to the PIC procedure.

               (10)

               Bulgaria and Romania became Member States of the European Union on 1 January 2007. Since Regulation (EC) No 1907/2006 allows the Member States to authorise specific uses of PCTs in their territory, the import decision should be revised to reflect national legislation in those two new Member States.

               (11)

               It is therefore appropriate to replace the import decisions for ethylene oxide, fluoroacetamide, HCH (mixed isomers), lindane, methamidophos, pentachlorophenol and its salts and esters, PBBs and PCTs set out in Commission Decision 2000/657/EC of 16 October 2000 adopting Community import decisions for certain chemicals pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals (8), Commission Decision 2001/852/EC of 19 November 2001 on adopting Community import decisions pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals and amending Decision 2000/657/EC (9), Commission Decision 2003/508/EC of 7 July 2003 adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council and amending Decisions 2000/657/EC and 2001/852/EC (10) and Commission Decision 2005/416/EC of 19 May 2005 adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council and amending Decisions 2000/657/EC, 2001/852/EC and 2003/508/EC (11).

               (12)

               Benomyl is not included as active substance in Annex I to Directive 91/414/EEC or in Annex I, IA or IB to Directive 98/8/EC, with the effect that that active substance is banned for pesticide use. Consequently, dustable powder pesticide formulations containing a combination of benomyl, carbofuran and thiram are banned for placing on the market and use as pesticide. The import decision for dustable powder pesticide formulations containing a combination of benomyl, carbofuran and thiram set out in Commission Decision 2004/382/EC of 26 April 2004 adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council (12) should therefore be replaced.

               (13)

               The placing on the market and use of plant protection products containing mercury compounds as an active substance is prohibited pursuant to Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (13). Furthermore, the placing on the market and use of biocidal products containing mercury compounds in accordance with Directive 98/8/EC is not allowed. The import decision for mercury compounds published in PIC Circular X should therefore be replaced.

               (14)

               Decisions 2000/657/EC, 2001/852/EC, 2003/508/EC, 2004/382/EC and 2005/416/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The decisions on the import of lindane, methamidophos and pentachlorophenol and its salts and esters as set out in the Annex to Decision 2000/657/EC are replaced by the import decisions set out in the forms for import response in Annex I to this Decision.
   Article 2
   The decision on the import of ethylene oxide as set out in Annex I to Decision 2001/852/EC is replaced by the import decision set out in the form for import response in Annex II to this Decision.
   Article 3
   The decision on the import of polybrominated biphenyls (PBBs) as set out in Annex III to Decision 2003/508/EC is replaced by the import decision set out in the form for import response in Annex III to this Decision.
   Article 4
   The decisions on the import of fluoroacetamide, HCH (mixed isomers) and polychlorinated terphenyls (PCTs) as set out in Annex I to Decision 2005/416/EC are replaced by the import decisions set out in the forms for import response in Annex IV to this Decision.
   Article 5
   The interim decision on the import of dustable powder formulations containing a combination of benomyl, carbofuran and thiram as set out in Annex III to Decision 2004/382/EC is replaced by the import decision set out in the form for import response in Annex V to this Decision.
   Article 6
   The decision on the import of mercury compounds published in PIC Circular X is replaced by the import decision set out in the form for import response in Annex VI to this Decision.

      Done at Brussels, 30 November 2009.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 204, 31.7.2008, p. 1.

      (2)  OJ L 396, 30.12.2006, p. 1.

      (3)  OJ L 299, 28.10.2006, p. 23.

      (4)  OJ L 123, 24.4.1998, p. 1.

      (5)  OJ L 325, 11.12.2007, p. 3.

      (6)  OJ L 230, 19.8.1991, p. 1.

      (7)  OJ L 158, 30.4.2004, p. 7.

      (8)  OJ L 275, 27.10.2000, p. 44.

      (9)  OJ L 318, 4.12.2001, p. 28.

      (10)  OJ L 174, 12.7.2003, p. 10.

      (11)  OJ L 147, 10.6.2005, p. 1.

      (12)  OJ L 144, 30.4.2004, p. 11.

      (13)  OJ L 33, 8.2.1979, p. 36.

      ANNEX I
      Revised import decisions for lindane, methamidophos and pentachlorophenol and its salts and esters replacing the import decisions set out in Decision 2000/657/EC

      ANNEX II
      Revised import decision for ethylene oxide replacing the import decision set out in Decision 2001/852/EC

      ANNEX III
      Revised import decision for polybrominated biphenyls (PBBs) replacing the import decision set out in Decision 2003/508/EC

      ANNEX IV
      Revised import decisions for fluoroacetamide, HCH (mixed isomers) and polychlorinated terphenyls (PCTs) replacing the import decisions set out in Decision 2005/416/EC

      ANNEX V
      Revised import decision for dustable powder formulations containing a combination of benomyl, carbofuran and thiram replacing the import decision set out in Decision 2004/382/EC

      ANNEX VI
      Revised import decision for mercury compounds replacing the import decision published in PIC Circular X


European Parliament decision on the approval of an interinstitutional agreement between the European Parliament and the Council concerning access by the European Parliament to sensitive information of the Council in the field of security and defence policy (2002/2130(ACI))


66/677/EEC: Council Decision of 24 November 1966 on Community aid to disaster victims in Italy


title: Political and Security Committee Decision (CFSP) 2016/2352 of 7 December 2016 on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing Decision (CFSP) 2016/939 (EUTM Mali/2/2016)

text:
               21.12.2016

               EN

               Official Journal of the European Union

               L 348/25

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/2352
   of 7 December 2016
   on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing Decision (CFSP) 2016/939 (EUTM Mali/2/2016)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of Malian Armed Forces (EUTM Mali) (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               Pursuant to Article 5(1) of Decision 2013/34/CFSP, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty on European Union, to take the relevant decisions concerning the political control and strategic direction of EUTM Mali, including the decisions to appoint the subsequent EU Mission Commanders.

               (2)

               On 8 June 2016, the PSC adopted Decision (CFSP) 2016/939 (2), appointing Brigadier General Eric HARVENT as the new EU Mission Commander for EUTM Mali.

               (3)

               Belgium has recommended the appointment of Brigadier General Peter DEVOGELAERE as the new EU Mission Commander for EUTM Mali to succeed Brigadier General Eric HARVENT as from 19 December 2016.

               (4)

               On 31 October 2016, the EU Military Committee supported the recommendation.

               (5)

               Decision (CFSP) 2016/939 should therefore be repealed.

               (6)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Brigadier General Peter DEVOGELAERE is hereby appointed EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) as from 19 December 2016.
   Article 2
   Decision (CFSP) 2016/939 is hereby repealed.
   Article 3
   This Decision shall enter into force on 19 December 2016.

      Done at Brussels, 7 December 2016.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 14, 18.1.2013, p. 19.

      (2)  Political and Security Committee Decision (CFSP) 2016/939 of 8 June 2016 on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing Decision (CFSP) 2015/2298 (EUTM Mali/1/2016) (OJ L 155, 14.6.2016, p. 25).


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/223

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2008
   (2010/552/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year ended 31 December 2008, together with the replies of the Joint Undertaking (1),
   having regard to the Council’s recommendation of 16 February 2010 (5829/2010 — C7-0060/2010),
   having regard to Article 276 of the EC Treaty and 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 Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (3), and in particular Article 5 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 Regulation (EC, Euratom) No 1605/2002 (4), 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 (A7-0094/2010),

               1.

               Grants the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2008,

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 310, 18.12.2009, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 90, 30.3.2007, p. 58.

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/224

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year ended 31 December 2008, together with the replies of the Joint Undertaking (1),
   having regard to the Council’s recommendation of 16 February 2010 (5829/2010 — C7-0060/2010),
   having regard to Article 276 of the EC Treaty and 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 Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (3), and in particular Article 5 thereof,
   having regard to the Financial Regulation of the European Joint Undertaking for ITER and the Development of Fusion Energy, adopted by decision of 22 October 2007 of the Joint Undertaking’s Governing Board (hereinafter ‘ITER Financial Regulation’),
   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 Regulation (EC, Euratom) No 1605/2002 (4), 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 (A7-0094/2010),

               A.

               whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas the Joint Undertaking is in a start-up phase and had not fully established its internal control and financial reporting systems by the end of 2008,

               C.

               whereas under Article 75 of the ITER Financial Regulation the Joint Undertaking is required to have an internal audit service that complies with international audit standards,

               D.

               whereas the ITER Financial Regulation is based on the framework Financial Regulation, which was recently amended to bring it into line with changes made to the general Financial Regulation,

               E.

               whereas on 28 February 2008 the Joint Undertaking’s Director sought the Court of Auditors’ opinion on the ITER Financial Regulation,

               F.

               whereas in October 2008 the Court of Auditors delivered Opinion No 4/2008 on that Regulation,

      Carryover of appropriations

               1.

               Notes that the Court of Auditors identified a surplus of EUR 57 600 000 in the budget outturn account, which represents 38 % of the EUR 149 700 000 of accrued revenue; stresses, in particular, that part of that surplus (EUR 32 200 000) was carried over to the 2009 financial year; notes, none the less, the Joint Undertaking’s reply to the effect that the under-spending to which the Court of Auditors refers stemmed from the fact that this was the Joint Undertaking’s first year of financial autonomy from the Commission, and from delays in the start-up of the ITER International Organisation and the Euratom fusion programme as a whole;

      Commitment irregularities

               2.

               Notes that, in six cases considered by the Court of Auditors, the Joint Undertaking made budget commitments only after it had already entered into legal obligations; calls accordingly on the Joint Undertaking to comply with the Financial Regulation in this respect as well;

      ITER Financial Regulation

               3.

               Welcomes the Court of Auditors’ finding that the ITER Financial Regulation is, in the main, founded on the principles laid down in the framework Financial Regulation and the general Financial Regulation; notes, none the less, that a number of specific changes need to be made, including as regards exceptions to the budgetary principles, the role of the Commission’s Internal Audit Service, late payment of members’ contributions, the rules on the award of grants and the transitional provisions set out in Article 133 of the ITER Financial Regulation;

      Annual activity report

               4.

               Expressly recommends that the Joint Undertaking meet the deadline agreed with the Court of Auditors for submission of its annual activity report;

      Internal control systems

               5.

               Expressly recommends that the Joint Undertaking carry out further work on documenting IT processes and activities and analysing IT risks;

               6.

               Notes that the Joint Undertaking’s internal auditor did not take up his duties until 1 July 2009; commends ITER, none the less, on having now drawn up an action plan for the implementation of internal control standards and set up a working group to coordinate and monitor the plan’s implementation; stresses, furthermore, that ITER has appointed a Data Protection Officer and the necessary steps have been taken to further develop the Business Continuity and Data Recovery Plan;

               7.

               Notes the Joint Undertaking’s statement to the effect that all underlying business processes are currently being mapped;

               8.

               Notes that the Joint Undertaking reported EUR 216 304,89 in income from interest in 2008; concludes from the financial statements and from the level of the interest payments that the Joint Undertaking has a permanently high level of cash holdings; notes that on 31 December 2008 the Joint Undertaking’s cash holdings amounted to EUR 58 980 569,87; asks the Commission to examine what scope there is for introducing needs-orientated management of cash holdings at the Joint Undertaking, and what changes of approach are necessary in order to keep the Joint Undertaking’s cash holdings permanently as low as possible.

      (1)  OJ C 310, 18.12.2009, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 90, 30.3.2007, p. 58.

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


Avis juridique important

|

31980D1076

80/1076/EEC, Euratom: Council Decision of 17 November 1980 appointing a member of the Economic and Social Committee

Official Journal L 316 , 25/11/1980 P. 0012

****  COUNCIL DECISION   OF 17 NOVEMBER 1980   APPOINTING A MEMBER OF THE ECONOMIC AND SOCIAL COMMITTEE  ( 80/1076/EEC , EURATOM )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 193 TO 195 THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLES 165 TO 167 THEREOF ,   HAVING REGARD TO THE CONVENTION ON CERTAIN INSTITUTIONS COMMON TO THE EUROPEAN COMMUNITIES , AND IN PARTICULAR ARTICLE 5 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 19 SEPTEMBER 1978 APPOINTING THE MEMBERS OF THE ECONOMIC AND SOCIAL COMMITTEE FOR THE PERIOD ENDING ON 18 SEPTEMBER 1982 ,   WHEREAS A MEMBER ' S SEAT ON THIS COMMITTEE HAS BECOME VACANT FOLLOWING THE RESIGNATION OF MR CECONI , WHICH WAS NOTIFIED TO THE COUNCIL ON 17 SEPTEMBER 1980 ,   HAVING REGARD TO THE NOMINATIONS SUBMITTED ON 5 NOVEMBER 1980 ,   HAVING OBTAINED THE OPINION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   DOTT . COSTANTE BENIGNI IS HEREBY APPOINTED MEMBER OF THE ECONOMIC AND SOCIAL COMMITTEE IN PLACE OF MR UMBERTO CECONI FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 18 SEPTEMBER 1982 .   DONE AT BRUSSELS , 17 NOVEMBER 1980 .   FOR THE COUNCIL   THE PRESIDENT   J . SANTER


               12.8.2016

               EN

               Official Journal of the European Union

               C 294/62

         P8_TA(2014)0085
   Non-objection to a delegated act: arrangements for products originating in certain ACP-States
   European Parliament decision to raise no objections to the Commission delegated regulation of 14 November 2014 amending Annex I to Council Regulation (EC) No 1528/2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (C(2014)08355 — 2014/2954(DEA))
   (2016/C 294/22)

      The European Parliament,

               —

               having regard to the Commission delegated regulation (C(2014)08355),

               —

               having regard to the Commission’s letter of 26 November 2014 asking Parliament to declare that it will raise no objections to the delegated regulation,

               —

               having regard to the letter of 5 December 2014 of the Committee on International Trade to the Chair of the Conference of Committee Chairs,

               —

               having regard to Article 290 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (1), and in particular to Articles 2(2) and 24a(6) thereof,

               —

               having regard to Regulation (EU) No 527/2013 of the European Parliament and of the Council of 21 May 2013 amending Council Regulation (EC) No 1528/2007 as regards the exclusion of a number of countries from the list of regions or states which have concluded negotiations (2),

               —

               having regard to the recommendation for a decision by the Committee on International Trade,

               —

               having regard to Rule 105(6) of its Rules of Procedure,

               —

               having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 105(6) of its Rules of Procedures, which expired on 16 December 2014,

               A.

               whereas, pursuant to Regulation (EU) No 527/2013, Kenya ceased as of 1 October 2014 to be covered by the market access arrangement permitted under Regulation (EC) No 1528/2007;

               B.

               whereas Kenya, the European Union and its Member States concluded negotiations on an Economic Partnership Agreement on 16 October 2014;

               C.

               whereas on 14 November 2014 the Commission adopted a delegated act to reinstate Kenya in Annex I of Regulation (EC) No 1528/2007;

               D.

               whereas the Commission has stressed that a decision not to raise objections would limit Kenya’s potential trade diversion and loss of exports into the EU, reducing harm to the tuna, horticulture and cut flower sectors;

               1.

               Declares that it has no objections to the delegated regulation;

               2.

               Instructs its President to forward this decision to the Council and the Commission.

      (1)  OJ L 348, 31.12.2007, p. 1.

      (2)  OJ L 165, 18.6.2013, p. 59.


title: Council Decision (EU) 2016/979 of 20 May 2016 concerning the accession of Croatia to the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations

text:
               18.6.2016

               EN

               Official Journal of the European Union

               L 161/35

         COUNCIL DECISION (EU) 2016/979
   of 20 May 2016
   concerning the accession of Croatia to the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Act of Accession Croatia, and in particular Article 3(4) and (5) thereof,
   Having regard to the recommendation from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (2) (‘the Convention’) was signed in Brussels on 18 December 1997. It enters into force 90 days after the notification of the completion of the constitutional procedures for the adoption of the Convention by the State, Member of the European Union at the time of adoption by the Council of the Act drawing up the Convention, which is last to complete that formality.

               (2)

               In accordance with Article 32(4) of the Convention, until the Convention enters into force, any Member State may, when giving the notification referred to in Article 32(2) of the Convention, or at any other later time, declare that as far as it is concerned the Convention is to apply to its relations with Member States that have made the same declaration.

               (3)

               Article 3(4) of the Act of Accession of Croatia (‘Act of Accession’) provides that Croatia is to accede to the conventions and protocols listed in Annex I to the Act of Accession. Those conventions and protocols comprise, inter alia, the Convention. The Convention is to enter into force in relation to Croatia on the date determined by the Council.

               (4)

               In accordance with Article 3(5) of the Act of Accession, the Council is to decide to make all adjustments required by reason of the accession of Croatia to the conventions and protocols listed in Annex I to the Act of Accession,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Convention shall enter into force in relation to Croatia on the first day of the first month following the date of publication of this Decision.
   Article 2
   The text of the Convention (3) in Croatian shall be authentic under the same conditions as the texts of the Convention in other languages.
   Article 3
   This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 20 May 2016.

            For the Council

            The President

         K.H.D.M. DIJKHOFF

      (1)  Opinion of 28 April 2016 (not yet published in the Official Journal).

      (2)  OJ C 24, 23.1.1998, p. 2.

      (3)  The text in Croatian has been published in a special edition of the Official Journal (Chapter 19, Volume 014, page 156).


title: Council Decision 2012/687/CFSP of 6 November 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               7.11.2012

               EN

               Official Journal of the European Union

               L 307/82

         COUNCIL DECISION 2012/687/CFSP
   of 6 November 2012
   amending Decision 2010/413/CFSP concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran (1), and in particular Article 23(2) thereof,
   Whereas:

               (1)

               On 26 July 2010, the Council adopted Decision 2010/413/CFSP.

               (2)

               An additional entity should be included in the list of persons and entities subject to restrictive measures set out in Annex II to Decision 2010/413/CFSP,

         HAS ADOPTED THIS DECISION:
   Article 1
   The entity listed in the Annex to this Decision shall be added to section B of Part I of the list set out in Annex II to Decision 2010/413/CFSP.
   Article 2
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 6 November 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 195, 27.7.2010, p. 39.

      ANNEX

         ENTITY REFERRED TO IN ARTICLE 1

      B.   Entities

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  National Iranian Oil Company Nederland (a.k.a.: NIOC Netherlands Representation Office)

                  Blaak 512, 3011 TA and Weena 333, 3013 AL Rotterdam, Netherlands.
                  Tel +31 (10) 225 0177, +31 (10) 225 0308.
                  http://www.nioc-intl.com/Offices_Rotterdam.htm.

                  Subsidiary of the National Iranian Oil Company (NIOC).

                  7.11.2012


Important legal notice

|

E1998C0820(04)

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 11 of the Act referred to in point 1(b) of Annex XV to the EEA Agreement EFTA Surveillance Authority decision not to raise objections

Official Journal C 263 , 20/08/1998 P. 0006 - 0006

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 11 of the Act referred to in point 1(b) of Annex XV to the EEA Agreement EFTA Surveillance Authority decision not to raise objections (98/C 263/08)>TABLE>


title: 2010/559/EU: Council Decision of 13 September 2010 on the launch of automated data exchange with regard to Vehicle Registration Data (VRD) in Finland

text:
               17.9.2010

               EN

               Official Journal of the European Union

               L 245/34

         COUNCIL DECISION
   of 13 September 2010
   on the launch of automated data exchange with regard to Vehicle Registration Data (VRD) in Finland
   (2010/559/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Article 25 of Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1),
   Having regard to Article 20 and Chapter 4 of the Annex to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2),
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (5)

               Finland has completed the questionnaire on data protection and the questionnaire on Vehicle Registration Data (VRD).

               (6)

               A pilot run has been carried out by Finland with the Netherlands, with a view to evaluating the results of the questionnaire concerning VRD.

               (7)

               An evaluation visit has taken place in Finland and a report on the evaluation visit has been produced by the evaluation team and forwarded to the relevant Council Working Group with a view to evaluating the questionnaire concerning VRD.

               (8)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning VRD has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of the automated searching of vehicle registration data (VRD), Finland has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 12 of that Decision as from the date of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 September 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


title: 2014/101/EU: Council Decision of 18 February 2014 appointing a Czech member of the Committee of the Regions

text:
               21.2.2014

               EN

               Official Journal of the European Union

               L 52/17

      COUNCIL DECISION

   of 18 February 2014
   appointing a Czech member of the Committee of the Regions
   (2014/101/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Czech Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions will become vacant following the end of the term of office of Mr Bohuslav SVOBODA,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Mr Tomáš HUDEČEK, Primátor hl. města Prahy.

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

      Done at Brussels, 18 February 2014.

            For the Council

            The President

         G. STOURNARAS

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: 2007/793/EC: Commission Decision of 29 November 2007 on the appointment of the members of the stakeholder dialogue group in the areas of public health and consumer protection established by Decision 2007/602/EC

text:
               6.12.2007

               EN

               Official Journal of the European Union

               L 320/33

      COMMISSION DECISION

   of 29 November 2007
   on the appointment of the members of the stakeholder dialogue group in the areas of public health and consumer protection established by Decision 2007/602/EC
   (2007/793/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Commission Decision 2007/602/EC of 5 September 2007 setting up the stakeholder dialogue group in the areas of public health and consumer protection (1), and in particular Article 3 thereof,
   Whereas:

               (1)

               A stakeholder dialogue group in the areas of public health and consumer protection has been established by Decision 2007/602/EC with effect from 10 October 2007 in order to advise the Commission on best practice in the consultation process and also help it to better tailor its stakeholder involvement processes to stakeholders’ needs in the abovementioned areas.

               (2)

               According to Article 3(1) of Decision 2007/602/EC, the members of the group shall be appointed by the Commission from specialists with competence in the areas referred to in Article 2(2) of that Decision and who have responded to the call for an expression of interest.

               (3)

               A call for expression of interest was published on 12 June 2007 and closed on 27 July 2007. Some 127 applications were received.

               (4)

               19 specialists have been identified from the applications received in response to the call of expression of interest. This group reflects a balanced representation of stakeholders concerned by the different policy areas covered by the Directorate-General for Health and Consumer Protection. The appointments are made on the basis of the highest standards of competence, a broad range of relevant expertise and, consistent with these criteria, the broadest possible geographic distribution within the Community, as well as a gender balance,

               (5)

               A further Decision will be adopted by the Commission laying down which members are to be appointed for a four-year term of office and which members are to be appointed for a two-year term of office in accordance with Article 3(4) of Decision 2007/602/EC,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Commission herewith appoints the following persons as members of the stakeholder dialogue group:

               BAX Willemien

               BERTELETTI KEMP Florence

               CZIMBALMOS Ágnes

               DAVCHEVA Yanka

               DI PUPPO Roshan

               FEDERSPIEL Benedicte

               FELLER Roxane

               GALLANI Barbara

               GOUVEIA Rodrigo

               JONNAERT Erik

               KETTLITZ Beate

               KNABE Agnese

               MACCHIA BANGSGAARD Flaminia

               PELLEGRINO Patrice

               ORTEGA PECINA David Miguel

               RAWLING Ruth

               ROSS Melody

               SHEPPARD Philip

               TIDDENS-ENGWIRDA Lisette

         Article 2
   This Decision shall take effect on 29 November 2007.

      Done at Brussels, 29 November 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 234, 6.9.2007, p. 13.


title: 2008/384/EC: Commission Decision of 21 May 2008 amending Decision 2005/622/EC accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of grain oriented flat-rolled products of silicon-electrical steel originating in the United States of America and Russia

text:
               22.5.2008

               EN

               Official Journal of the European Union

               L 132/20

      COMMISSION DECISION

   of 21 May 2008
   amending Decision 2005/622/EC accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of grain oriented flat-rolled products of silicon-electrical steel originating in the United States of America and Russia
   (2008/384/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Articles 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PREVIOUS PROCEDURE

               (1)

               By Regulation (EC) No 1371/2005 (2), the Council imposed a definitive anti-dumping duty on imports of grain oriented flat-rolled products of silicon-electrical steel (GOES) originating in the United States of America (USA) and Russia.

               (2)

               By Decision 2005/622/EC (3), the Commission accepted price undertakings offered by two co-operating exporting producers whose exports to the Community of GOES are subject to company-specific duties, namely AK Steel Corporation, USA, and Novolipetsk Iron & Steel Corporation (NLMK), Russia.

         B.   REPEAL OF DECISION 2005/622/EC

               (3)

               On 23 February 2007, the Commission initiated (4) a partial interim review limited to the examination of the level of dumping for two Russian exporting producers, NLMK and Viz Stal.

               (4)

               The findings of the review, which are set out in Council Regulation (EC) No 435/2008 (5), were that the measures in force on imports of GOES from Russia should be repealed and that the proceeding concerning those imports should be terminated.

               (5)

               In view of the above, Commission Decision 2005/622/EC, by which the Commission accepted an undertaking from NLMK, should be amended and the undertaking accepted from NLMK should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The undertaking accepted by Commission Decision 2005/622/EC from Novolipetsk Iron & Steel Corporation (NLMK), is hereby repealed.
   Article 2
   Article 1 of Commission Decision 2005/622/EC shall be replaced by the following:

      ‘Article 1
      The undertaking offered by the producer mentioned in the accompanying table, in connection with the present anti-dumping proceeding concerning imports of grain oriented flat-rolled products of silicon-electrical steel originating in the United States of America is hereby accepted.

                  Country

                  Company

                  TARIC additional code

                  USA

                  Produced by AK Steel Corporation 703, Curtis Street, Middletown, Ohio,
                  or,
                  Produced by AK Steel Corporation, 703, Curtis Street, Middletown, Ohio, and sold by AK Steel BV, Oosterhout, the Netherlands, to the first independent customer in the Community acting as an importer.

                  A673’

   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 21 May 2008.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

      (2)  OJ L 223, 27.8.2005, p. 1. Regulation as last amended by Regulation (EC) No 41/2008 (OJ L 16, 19.1.2008, p. 1).

      (3)  OJ L 223, 27.8.2005, p. 42.

      (4)  OJ C 39, 23.2.2007, p. 26.

      (5)  OJ L 132, 22.5.2008, p. 1.


title: 2006/470/EC: Council Decision of  29 May 2006  concerning the conclusion of consultations with the Islamic Republic of Mauritania under Article 96 of the revised Cotonou Agreement

text:
               8.7.2006

               EN

               Official Journal of the European Union

               L 187/28

      COUNCIL DECISION

   of 29 May 2006
   concerning the conclusion of consultations with the Islamic Republic of Mauritania under Article 96 of the revised Cotonou Agreement
   (2006/470/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (1) (hereinafter referred to as the ACP-EC Agreement), as amended by the Agreement signed in Luxembourg on 25 June 2005 (2), and in particular Article 96 thereof,
   Having regard to the Internal Agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The essential elements referred to in Article 9 of the ACP-EC Agreement have been violated.

               (2)

               On 30 November 2005, pursuant to Article 96 of the ACP-EC Agreement, consultations started with the ACP countries and the Islamic Republic of Mauritania during which the Mauritanian authorities gave specific undertakings designed to remedy problems identified by the European Union and to implement those undertakings during a period of intensive dialogue lasting 120 days.

               (3)

               At the conclusion of this period some substantive initiatives have been taken in respect of some of the undertakings referred to above, and other undertakings have been fulfilled. Nevertheless several important measures concerning essential elements of the ACP-EC Agreement still have to be implemented,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Consultations with the Islamic Republic of Mauritania under Article 96 of the ACP-EC Agreement are hereby concluded.
   Article 2
   The measures set out in the annexed letter are hereby adopted as appropriate measures under Article 96(2)(c) of the ACP-EC Agreement.
   Article 3
   This Decision shall enter into force on the day of its adoption.
   This Decision shall expire on 29 November 2007. It shall be reviewed regularly at least once every six months.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 29 May 2006.

            For the Council

            The President

         M. BARTENSTEIN

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

      (2)  OJ L 209, 11.8.2005, p. 27.

      (3)  OJ L 317, 15.12.2000, p. 376.

      ANNEX
      Dear Prime Minister,
      The European Union (EU) attaches great importance to the provisions of Article 9 of the revised Cotonou Agreement. The ACP-EU partnership is founded on respect for human rights, democratic principles and the rule of law; these are essential elements of the Agreement and thus form the basis for relations between us.
      In its statement of 3 August 2005 on the coup in Mauritania, the EU reiterated its condemnation of all attempts to seize power by force, and called for respect for democracy and a return to constitutional order.
      Under Article 96 of the revised Cotonou Agreement, and considering that the coup d’État that took place on 3 August 2005 constituted a violation of certain essential elements listed in that Article, the EU invited Mauritania to consultations in order, as provided for in the Agreement, to study the situation in depth and, where necessary, take steps to remedy it.
      These consultations began in Brussels on 30 November 2005. Mauritania gave a presentation based on a memorandum dated 24 November 2005 on developments in the country’s situation since the coup of 3 August, and on the authorities’ programme for the transitional period.
      For its part, the EU was pleased to note that Mauritania had already confirmed a number of undertakings it had previously given, and had proposed positive steps regarding their implementation.
      As noted below, Mauritania gave 23 specific undertakings at the meeting, in the areas of respect for democratic principles, fundamental freedoms and rights, the rule of law and good governance. The country also promised to provide the EU with a report on the implementation of these undertakings by mid-January 2006, to be followed by regular quarterly reports on developments in the situation.
      The report submitted in mid-January allowed the EU to conclude that steady progress had been made. In addition to the progress already noted at the opening of consultations, a number of changes have been observed, particularly regarding:

                  —

                  defining the procedures for the administrative survey for electoral purposes, to compile electoral rolls that are reliable and transparent,

                  —

                  the adoption by the Council of Ministers of the draft law on Constitutional amendments to be submitted to a referendum,

                  —

                  the appointment of new Walis (regional governors) and Hakems (prefects), and a circular sent to local and regional authorities when they take office about the neutrality of the central and territorial administration,

                  —

                  the development of a programme to raise awareness of civic issues and instil civic values, and the launch of a civic awareness campaign attended by the government authorities, the National Independent Electoral Commission, political parties, civil society organisations and the press,

                  —

                  the creation of a working party under the Justice Minister to verify the constitutionality of texts on democratic freedoms and rights, and to make any proposals necessary,

                  —

                  the establishing by decree and the setting up of a National Consultative Commission for the reform of the press and the audiovisual sector,

                  —

                  the organisation of a workshop on the creation of a National Independent Human Rights Commission,

                  —

                  circulars sent by the Justice Ministry and the Ministry of the Interior to the prosecution service and the territorial administration authorities asking them to seek, detect and prosecute any cases that might involve the direct or indirect exploitation of persons,

                  —

                  the adoption by the Council of Ministers of draft ordinances authorising accession to the UN Convention against Corruption, and authorising the ratification of the African Convention against Corruption,

                  —

                  the creation of a temporary committee to monitor the application of the Extractive Industries Transparency Initiative (EITI), and the adoption of a draft decree on the creation, organisation and workings of the National EITI Committee.

            The initiatives introduced by the transitional authorities will undoubtedly help strengthen the respect for democratic principles, fundamental freedoms and rights, the rule of law and good governance in your country. However, most of the undertakings made at the outset of the consultations will be implemented over an extended period, and it will be necessary to monitor their implementation over time.
      In this connection, the EU is anxious that the implementation of substantive measures should continue, in particular through,

                  —

                  the organisation and holding of free and transparent elections using electoral rolls that are reliable and complete, using electoral systems and constituency weightings that are fair and agreed with the political parties,

                  —

                  respect for pluralism in the audiovisual sector, and, in particular, the creation of free radio stations outside cities, and the revision of the press law,

                  —

                  promoting human rights, especially through continued efforts to create a national independent human rights commission, the return of refugees and the restoration of their rights,

                  —

                  application of the laws banning slavery and promising appropriate treatment for all problems arising from this evil,

                  —

                  reform of the justice system,

                  —

                  continued improvements in governance, including the publication of updated economic and budgetary statistical data,

                  —

                  effective implementation of the Extractive Industries Transparency Initiative in the mining and hydrocarbon sectors and the application of the same good governance principles in the other natural resource sectors, in particular, as regards fisheries.

            In the spirit of partnership that underlies the Cotonou Agreement, the EU expressed its readiness to support implementation of Mauritania’s undertakings. In follow-up to the consultations, and in view of the undertakings given thus far and the measures still to be put in hand, it has been decided to adopt the following appropriate measures under Article 96(2)(c) of the revised Cotonou Agreement:

                  —

                  cooperation activities under way under the Ninth European Development Fund (EDF) and its predecessors will continue, on condition that the special conditions of the Financing Agreements are observed,

                  —

                  preparation and implementation of the institutional support projects bolstering the transition process, whose launch was decided when the consultations opened, will continue,

                  —

                  preparation and implementation of the measures envisaged under the Ninth EDF and its predecessors in other areas of Community cooperation will also continue,

                  —

                  programming activities for the 10th EDF will be launched in accordance with the timetable drawn up by the relevant Commission departments. Closure of the different stages in the programming process will be conditional on the holding of the referendum on the constitution and the planned elections under satisfactory conditions and within the time-scale fixed by the transitional authorities,

                  —

                  the 10th EDF Country Strategy Paper for Mauritania cannot be signed before confirmation that the country has effectively returned to a constitutional order after free and transparent presidential and parliamentary elections have led to new democratically elected bodies taking office.

            The EU Presidency and the European Commission will carry out regular joint reviews, the first of which will take place within the next six months.
      The EU will continue to follow closely the situation in Mauritania. Under Article 8 of the Cotonou Agreement, an enhanced political dialogue will be conducted with your government over an 18-month monitoring period to ensure the restoration of democracy and the rule of law, notably through the holding of free and transparent local, parliamentary, senatorial and presidential elections, and a strengthening of respect for human rights and fundamental freedoms.
      If implementation of the Mauritanian authorities’ undertakings speeds up, or on the contrary breaks down, the EU reserves the right to adjust the appropriate measures.
      I have the honour to be, Sir, yours faithfully,

         Done at Brussels,

               For the Commission

               For the Council


title: 2014/858/EU: Commission Decision of 1 December 2014 on the notification by the United Kingdom of Great Britain and Northern Ireland of its wish to participate in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon and which are not part of the Schengen acquis

text:
               1.12.2014

               EN

               Official Journal of the European Union

               L 345/6

         COMMISSION DECISION
   of 1 December 2014
   on the notification by the United Kingdom of Great Britain and Northern Ireland of its wish to participate in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon and which are not part of the Schengen acquis

      (2014/858/EU)

   THE EUROPEAN COMMISSION,
   Having regard to Protocol No 36 on transitional provisions, and in particular Article 10(5) thereof, in conjunction with Article 4 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and Article 331(1) of the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Article 10(4) of Protocol No 36 allowed the United Kingdom, at the latest six months before the expiry of the five year transitional period referred to in Article 10(3) of Protocol No 36, to notify to the Council that it does not accept, with respect to acts of the Union in the field of police cooperation and judicial cooperation in criminal matters which had been adopted before the entry into force of the Treaty of Lisbon, the powers of the Commission and of the Court of Justice as referred to in Article 10(1) of Protocol No 36.

               (2)

               By letter to the President of the Council of 24 July 2013, the United Kingdom made use of the above possibility through notifying that it did not accept the said powers of the Commission and of the Court of Justice, with the consequence that the relevant acts in the field of police cooperation and judicial cooperation in criminal matters have ceased to apply to the United Kingdom on 1 December 2014.

               (3)

               Article 10(5) of Protocol No 36 allows the United Kingdom to notify of its wish to participate in the acts which have ceased to apply to it.

               (4)

               By letter to the President of the Council taking effect on 1 December 2014, the United Kingdom made use of this possibility by notifying of its wish to participate in some of the above acts.

               (5)

               For the acts concerned which are not part of the Schengen acquis, Article 10(5) of Protocol No 36 refers to Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, Article 4 of which refers to the procedure provided for in Article 331(1) TFEU. The latter provision provides for the Commission confirming the participation of the Member State wishing to participate and noting where necessary that the conditions of participation have been fulfilled.

               (6)

               According to the last sentence of Article 10(5) of Protocol No 36 the Union institutions and the United Kingdom shall seek to re-establish the widest possible measure of participation of the United Kingdom in the acquis of the Union in the area of freedom, security and justice without seriously affecting the practical operability of the various parts thereof, while respecting their coherence.

               (7)

               The conditions set in the last sentence of Article 10(5) of Protocol No 36 are fulfilled for the acts notified by the United Kingdom, which are listed in the Annex to this Decision.

               (8)

               The participation of the United Kingdom in the acts listed in the Annex to this Decision should therefore be confirmed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The participation of the United Kingdom in the acts listed in the Annex to this Decision is confirmed from the date of entry into force of this Decision.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall enter into force on 1 December 2014.

      Done at Brussels, 1 December 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

      ANNEX

                  1.

                  Joint Action 97/827/JHA of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organized crime (OJ L 344, 15.12.1997, p. 7).

                  2.

                  Council Act of 18 December 1997 drawing up, on the basis of Article K.3 of the Treaty on European Union, the Convention on mutual assistance and cooperation between customs administrations (OJ C 24, 23.1.1998, p. 1).

                  3.

                  Joint Action 98/700/JHA of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the setting up of a European Image Archiving System (FADO) (OJ L 333, 9.12.1998, p. 4).

                  4.

                  Council Decision 2000/375/JHA of 29 May 2000 to combat child pornography on the internet (OJ L 138, 9.6.2000, p. 1).

                  5.

                  Council Decision 2000/641/JHA of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention) (OJ L 271, 24.10.2000, p. 1).

                  6.

                  Council Decision 2000/642/JHA of 17 October 2000 concerning arrangements between financial intelligence units of the Member States in respect of exchanging information (OJ L 271, 24.10.2000, p. 4).

                  7.

                  Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 63, 6.3.2002, p. 1).

                  8.

                  Council Decision 2002/348/JHA of 25 April 2002 concerning security in connection with football matches with an international dimension (OJ L 121, 8.5.2002, p. 1).

                  9.

                  Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, p. 1).

                  10.

                  Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

                  11.

                  Council Decision 2003/659/JHA of 18 June 2003 amending Council Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 245, 29.9.2003, p. 44).

                  12.

                  Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76, 22.3.2005, p. 16).

                  13.

                  Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognitions to confiscation orders (OJ L 328, 24.11.2006, p. 59).

                  14.

                  Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89).

                  15.

                  Council Decision 2007/412/JHA of 12 June 2007 amending Decision 2002/348/JHA concerning security in connection with football matches with an international dimension (OJ L 155, 15.6.2007, p. 76).

                  16.

                  Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or property related to, crime (OJ L 332, 18.12.2007, p. 103).

                  17.

                  Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (OJ L 220, 15.8.2008, p. 32).

                  18.

                  Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ L 327, 5.12.2008, p. 27).

                  19.

                  Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (OJ L 348, 24.12.2008, p. 130).

                  20.

                  Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 138, 4.6.2009, p. 14).

                  21.

                  Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ L 81, 27.3.2009, p. 24).

                  22.

                  Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93, 7.4.2009, p. 23).

                  23.

                  Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA (OJ L 93, 7.4.2009, p. 33).

                  24.

                  Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).

                  25.

                  Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions of supervision measures as an alternative to provisional detention (OJ L 294, 11.11.2009, p. 20).

                  26.

                  Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes (OJ L 323, 10.12.2009, p. 20).

                  27.

                  Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol's relations with partners, including the exchange of personal data and classified information (OJ L 325, 11.12.2009, p. 6).

                  28.

                  Council Decision 2009/936/JHA of 30 November 2009 adopting the implementing rules for Europol analysis work files (OJ L 325, 11.12.2009, p. 14).

                  29.

                  Council Decision 2009/968/JHA of 30 November 2009 adopting the rules on the confidentiality of Europol information (OJ L 332, 17.12.2009, p. 17).


Avis juridique important

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31983D0331

83/331/EEC: Council Decision of 28 June 1983 adopting an experimental Community action to stimulate the efficacy of the European Economic Community' s scientific and technical potential

Official Journal L 181 , 06/07/1983 P. 0020

*****COUNCIL  DECISION  of 28 June 1983  adopting an experimental Community action to stimulate the efficacy of the European Economic Community's scientific and technical potential  (83/331/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas Article 2 of the Treaty assigns to the Community the task inter alia of promoting throughout the Community a harmonious development of economic activities, a continuous and balanced expansion and an accelerated raising of the standard of living; whereas the activity to be performed to this end by the Community is set out in Article 3 of the Treaty;  Whereas, by its resolution of 14 January 1974 on the coordination of national policies and the definition of projects of interest to the Community in the field of science and technology (3), the Council entrusted the Commission with the task of defining projects of interest to the Community and selecting the appropriate ways and means for implementing these projects;  Whereas the overall Community strategy comprises the conception and implementation of a general framework programme for common scientific and technical activities;  Whereas, amongst the fundamental goals proposed by the Commission for the framework programme and favourably received by the Council of 8 March 1982, that of 'improving the Community's scientific and technical efficacy' calls for special modes of action;  Whereas on 30 June 1982 the Council recognized the value of a Community stimulation action to supplement existing national and international activity;  Whereas on 4 November 1982 the Council adopted a joint position with a view to a decision adopting a Community action concerning the stimulation of the Community's scientific and technical potential, experimental phase 1983/84;  Whereas, accordingly, it is appropriate to adopt a Community experimental stimulation action which will make it possible to define explicitly the approaches for subsequent action, to be included in a general framework programme;  Whereas the Scientific and Technical Research Committee (CREST) has given an opinion on this matter,  HAS DECIDED AS FOLLOWS:  Article 1  A Community experimental action to stimulate the efficacy of the European Economic Community's scientific and technical potential (hereinafter referred to as 'experimental action'), as set out in the Annex, is hereby adopted for a two-year period commencing on 1 July 1983.  The experimental action shall consist of activities with the purpose of testing approaches to and methods of stimulation in the Community, basically within the seven fields defined in the Annex.  Article 2  The funds estimated as necessary for the execution of the experimental action should be 7 million ECU, including expenditure on a staff of three.  Article 3  The Commission shall be responsible for the implementation of the experimental action, by means of research allocations, grants to help laboratory twinning, development contracts, and grants to assist research teams, seminars and courses.  It shall be assisted by the Committee for the European Development of Science and Technology (Codest), set up by Decision 82/835/EEC (4), and by referees.  Article 4  At the end of the first year of the period referred to in Article 1, the Commission shall undertake a methodological evaluation of the experimental action. It shall forward a report on this evaluation to the Council and to the European Parliament.  Article 5  The results of implementation of the experimental action shall be disseminated pursuant to Council Regulation (EEC) No 2380/74 of 17 September 1974 adopting provisions for the dissemination of information relating to research programmes for the European Economic Community (1).  Done at Luxembourg, 28 June 1983.  For the Council  The President  H. RIESENHUBER  (1) OJ No C 161, 20. 6. 1983, p. 174.  (2) OJ No C 90, 5. 4. 1983, p. 5.  (3) OJ No C 7, 29. 1. 1974, p. 2.  (4) OJ No L 350, 10. 12. 1982, p. 45.  (1) OJ No L 255, 20. 9. 1974, p. 1.  ANNEX  Experimental Community action to stimulate the efficacy of the European Economic Community's scientific and technical potential  The experimental action will relate to activities of a multi- or interdisciplinary nature for which joint working at multinational level is necessary or preferable.  The plan of action is set out as follows:  1. Three kinds of activity are to be given priority support:  - activities for which the joining up (whether mono- or pluridisciplinary) of research teams is beneficial or indispensable.  Monodisciplinary union would be an attempt to bring together teams working within the same discipline in different Member States. Such collaboration should, in certain cases, make it possible to attain the critical mass which is needed in order for the creativity of each team to take off.  Pluridisciplinary union would seek to link teams working within different disciplines, often located in different Member States.  Both types of union aim to exploit the richness of methods and results now dispersed throughout Europe,  - activities enabling the promotion of high-quality teams which, because of the novel nature of their work, do not yet benefit from the support which their worth, and the potential value of their work, would seem to justify,  - activities leading to a strengthening of the communication and diffusion of information within the scientific and technical system.  These activities concern, in the main, the following seven areas, which are to be the subject of discussions with the Codest Committee:  - pharmacobiology: application of new developments in cellular and molecular biology,  - solid-state physics: structure phenomena and processes of fabricating composite materials,  - optics: application of modern techniques of mathematical analyses to various problems in the field of optics,  - combustion: approach to ignition phenomena (behaviour of material under combustion conditions),  - photometry/photoacoustics: application to the field of non-destructive analysis,  - climatology: transitory phenomena,  - interface phenomena.  2. In the fields referred to in point 1 different kinds of illustrative stimulation activities are to be tried out: research allocations, laboratory twinning, researcher mobility and subsidies for research teams. On the other hand, a specific project of a pluridisciplinary nature will be started up, to enable joint working by teams in different Member States to bring it to successful conclusion.  3. The choice of stimulation activities and the scientific and technical teams involved will be made as follows:  - the Commission will inform the national scientific and technical communities of opportunities for Community action in the selected fields; it will await offers,  - the selection of tenders will be made by the Commission which, with the assistance of Codest, will make use of a 'peer review' system to judge the scientific and technical merit of the activities proposed and the quality of the teams putting them forward. The intervention chosen will be of a multinational nature (mobility of researchers from one Member State to another; teams made up of researchers from various Member States; projects carried out jointly by various teams in various Member States) and will involve activities of the type set out in point 1; the activities will be complementary to, and coherent with, Community scientific and technical activities carried out elsewhere.  4. A group of studies, consultations, surveys and seminars, carried out in collaboration with national scientific and technical communities will make it possible to analyze and evaluate the scientific and technical needs and opportunities with a view to specifying the content of the subsequent annual stimulation plans to be incorporated in the framework programme.