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31987D0226

87/226/EEC: Council Decision of 23 March 1987 concerning the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fishing off the coast of Mozambique

Official Journal L 098 , 10/04/1987 P. 0010 - 0010 Finnish special edition: Chapter 4 Volume 2 P. 0182  Swedish special edition: Chapter 4 Volume 2 P. 0182

COUNCIL DECISION of 23 March 1987 concerning the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Economic Community and the Government of the People's  Republic of Mozambique on fishing off the coast of Mozambique (87/226/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 167 (3) and 354 (3) thereof,  Having regard to the proposal from the Commission,  Whereas the Community and the People's Republic of Mozambique have negotiated and initialled an agreement on fisheries relations which guarantees fishing opportunities for fishermen of the enlarged Community in the waters over which Mozambique has  sovereignty or jurisdiction;  Whereas, in order to maintain without interruption the fishing activities of the vessels of the enlarged Community, the two parties also initialled an Exchange of Letters providing for the provisional implementation of the said Agreement from 1 January  1987; whereas it is therefore imperative to approve this Exchange of Letters as soon as possible, pending the conclusion of the Agreement on the basis of Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:    Article 1 The Agreement in the form of an Exchange of Letters concerning the provisional implementation of the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fishing off the coast of  Mozambique is hereby approved on behalf of the Community.  The texts of the Agreement in the form of an Exchange of Letters and Agreement are attached to this Decision.  Article 2 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.   Done at Brussels, 23 March 1987.  For the Council The President H. DE CROO EWG:L555UMBE07.97 FF: 5UEN;   SETUP: 01;   Hoehe: 368 mm;   46 Zeilen;   2088 Zeichen;  Bediener: MARK   Pr.: B;  Kunde:


title: 2013/457/EU: Council Decision of 16 September 2013 appointing a Judge to the European Union Civil Service Tribunal

text:
               18.9.2013

               EN

               Official Journal of the European Union

               L 247/37

         COUNCIL DECISION
   of 16 September 2013
   appointing a Judge to the European Union Civil Service Tribunal
   (2013/457/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the fourth paragraph of Article 257 thereof,
   Having regards to the Treaty establishing the European Atomic Energy Community, and in particular paragraph 1 of Article 106a thereof,
   Whereas:

               (1)

               Under Articles 2 and 3(1) of the Annex I to Protocol No 3 on the Statute of the Court of Justice of the European Union, annexed to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, and following the resignation with effect from 1 October 2013 of Ms Irena BORUTA, a judge of the European Union Civil Service Tribunal (hereinafter referred to as ‘the Civil Service Tribunal’) should be appointed for the period from 1 October 2013 to 30 September 2019.

               (2)

               A public call for applications (1) was issued.

               (3)

               The Committee provided for by Article 3(3) of Annex I to Protocol No 3 met on 4 and 5 June and on 2 and 3 July 2013. Following its discussions, it delivered an opinion on the candidates’ suitability to perform the duties of a Judge of the Civil Service Tribunal to which opinion it appended a list of candidates having the most appropriate high-level experience.

               (4)

               It is therefore appropriate to appoint one of the persons included on that list as Judge of the Civil Service Tribunal, for the period from 1 October 2013 to 30 September 2019, ensuring a balanced composition of the Civil Service Tribunal on as broad a geographical basis as possible from among nationals of the Member States and with respect to the national legal systems represented,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Jesper SVENNINGSEN is hereby appointed as Judge to the European Union Civil Service Tribunal for the period from 1 October 2013 to 30 September 2019.
   Article 2
   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, 16 September 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ C 82, 21.3.2013, p. 5.


title: Council Decision (CFSP) 2016/2382 of 21 December 2016 establishing a European Security and Defence College (ESDC) and repealing Decision 2013/189/CFSP

text:
               23.12.2016

               EN

               Official Journal of the European Union

               L 352/60

         COUNCIL DECISION (CFSP) 2016/2382
   of 21 December 2016
   establishing a European Security and Defence College (ESDC) and repealing Decision 2013/189/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28(1) and 42(4) and 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 July 2005, the Council adopted Joint Action 2005/575/CFSP establishing the European Security and Defence College (‘ESDC’) (1). That Joint Action was replaced by Joint Action 2008/550/CFSP (2). In turn, that Joint Action was repealed by Council Decision 2013/189/CFSP (3).

               (2)

               In November 2008, the Council adopted the European Young Officers Exchange Scheme, modelled on Erasmus (4) and agreed that an implementing working party would meet within the framework of the Executive Academic Board of the ESDC.

               (3)

               On 15 July 2016, the ESDC Steering Committee agreed on recommendations on the future perspectives of the ESDC.

               (4)

               The training and education activities within the ESDC framework are to be carried out in the field of CSDP/CFSP including in the areas of conflict stabilisation, conflict resolution and the conditions necessary for sustainable development.

               (5)

               Whilst the staff of the ESDC should consist mainly of secondees it may be necessary to fill the post of administrative and financial assistant by a contracted staff member.

               (6)

               Pursuant to Council Decision 2010/427/EU (5), the EEAS should provide the ESDC with the support previously provided by the General Secretariat of the Council,

         HAS ADOPTED THIS DECISION:
   CHAPTER I

      ESTABLISHMENT, MISSION, OBJECTIVES AND TASKS

   Article 1
   Establishment
   A European Security and Defence College (‘ESDC’) is hereby established.
   Article 2
   Mission
   The ESDC shall provide training and education in the field of the Union's Common Security and Defence Policy (CSDP) in the wider context of the Common Foreign and Security Policy (CFSP) at European level in order to develop and promote a common understanding of CSDP and CFSP among civilian and military personnel, and to identify and disseminate best practice in relation to various CSDP and CFSP issues through its training and education activities (‘ESDC training and education activities’).
   Article 3
   Objectives
   The ESDC shall have the following objectives:

               (a)

               to further enhance the common European security and defence culture within the Union and to promote the principles laid down in Article 21(1) TEU outside the Union;

               (b)

               to promote a better understanding of CSDP as an essential part of CFSP;

               (c)

               to provide Union instances with knowledgeable personnel able to work efficiently on all CSDP and CFSP matters;

               (d)

               to provide Member States' administrations and staff with knowledgeable personnel familiar with Union policies, institutions and procedures in the field of CSDP and CFSP;

               (e)

               to provide CSDP Missions' and Operations' personnel with a common understanding of CSDP Missions' and Operations' functioning principles and a sense of common European identity;

               (f)

               to provide training and education responding to training and educational needs of CSDP Missions and Operations;

               (g)

               to support Union partnerships in the field of CSDP and CFSP in particular partnerships with those countries participating in CSDP missions;

               (h)

               to support civilian crisis management including in the field of conflict prevention, and establishing or preserving the conditions necessary for sustainable development;

               (i)

               to promote the European Initiative for the Exchange of Young Officers;

               (j)

               to help promote professional relations and contacts among the participants in the training and education activities.

         Where appropriate, attention shall be paid to ensuring consistency with other activities of the Union.
   Article 4
   Tasks of the ESDC
   1.   The main tasks of the ESDC shall be, in accordance with its mission and objectives, to organise and conduct ESDC training and education activities in the field of the CSDP and CFSP.
   2.   The ESDC training and education activities shall include:

               (a)

               basic and advanced level courses promoting generic understanding of CSDP and CFSP;

               (b)

               courses developing leadership;

               (c)

               courses directly supporting CSDP Missions and Operations, including pre-deployment and in-mission or in-operation training and education;

               (d)

               courses supporting EU partnerships and countries participating in CSDP Missions and Operations;

               (e)

               modules supporting civilian and military training and education in the field of CSDP and CFSP;

               (f)

               CSDP and CFSP courses, seminars, programmes and conferences for specialised audiences or with specific focus;

               (g)

               common modules run under the European Initiative for the Exchange of Young Officers, inspired by the Erasmus Programme.

         Although formally not ESDC training and education activities, the ESDC shall also support and promote European semesters and joint masters degrees making use of the common modules referred to in the first subparagraph.
   Other training and education activities shall be undertaken, as decided by the Steering Committee referred to in Article 9 (‘the Steering Committee’).
   3.   In addition to the activities referred to in paragraph 2, the ESDC shall, in particular:

               (a)

               support the relations to be established between the institutes referred to in Article 5(1) engaged in the network referred to in that paragraph (‘the network’);

               (b)

               run and further develop an e-Learning system to support CSDP and CFSP training and education activities or, in exceptional circumstances, to be used as stand-alone training and education activities;

               (c)

               develop and produce training and educational material in the field of CSDP and CFSP also drawing on already existing relevant material;

               (d)

               support an Alumni Association between former training participants;

               (e)

               support exchange programmes in the field of CSDP and CFSP between the Member States' training and educational institutes;

               (f)

               act as compartment administrator of the Schoolmaster module of the Goalkeeper project and provide contributions to the annual Union Training Programme in CSDP through this module;

               (g)

               provide support to the management of training and education in the field of conflict prevention, civilian crisis management, establishing or preserving the conditions necessary for sustainable development and Security Sector Reform initiatives, as well as promotion of cyber security and hybrid threats' awareness;

               (h)

               organise and run an annual network conference bringing together civilian and military training and education experts in CSDP from Member States' training and educational institutes and ministries, and relevant external training and education actors as appropriate and;

               (i)

               maintain relationships with relevant actors in the field of Freedom Security and Justice, in the field of Development and Cooperation, and with relevant International Organisations.

         CHAPTER II

      ORGANISATION

   Article 5
   Network
   1.   The ESDC shall be organised as a network bringing together civilian and military institutes, colleges, academies, universities, institutions and other actors dealing with security and defence policy issues within the Union as identified by Member States, as well as the European Union Institute for Security Studies (‘EUISS’).
   The ESDC shall establish close links with the Union institutions and relevant Union agencies, in particular:

               (a)

               with the EU Agency for law enforcement training (‘CEPOL’);

               (b)

               with the European Border and Coast Guard Agency (‘Frontex’);

               (c)

               with the European Defence Agency (‘EDA’);

               (d)

               with the European Satellite Centre (‘EU SatCen’); and

               (e)

               with the European Police Office (Europol).

         2.   Where appropriate, international, intergovernmental, governmental and non-governmental organisations may obtain the status of ‘associate network partner’ (‘ANP’), the detailed arrangements for which will be agreed by the Steering Committee.
   3.   The ESDC shall work under the overall responsibility of the High Representative of the Union for Foreign Affairs and Security Policy (‘HR’).
   Article 6
   The role of European Union Institute for Security Studies
   1.   As part of the ESDC network, the EUISS cooperates with the ESDC by making its expertise and knowledge-gathering capabilities available for ESDC training activities, including through EUISS publications, within the limits of its own capabilities.
   2.   In particular, the EUISS provides lectures given by EUISS analysts and contributes to the further development of the ESDC e-Learning content.
   3.   The EUISS also supports the ESDC Alumni Association.
   Article 7
   Legal Capacity
   1.   The ESDC shall have the necessary legal capacity in order to:

               (a)

               fulfil its tasks and meet its objectives;

               (b)

               enter into contracts and administrative arrangements necessary for its functioning including to implement staff secondments and recruit contract staff; acquire equipment, notably teaching equipment;

               (c)

               hold bank accounts; and

               (d)

               be a party to legal proceedings.

         2.   Any liability which may arise from contracts concluded by the ESDC shall be covered by the funds available to it pursuant to Articles 16 and 17.
   Article 8
   Structure
   The following structure shall be set up under the ESDC:

               (a)

               the Steering Committee with responsibility for the overall coordination and direction of the ESDC training and education activities;

               (b)

               the Executive Academic Board (‘the Board’) with responsibility for ensuring the quality and coherence of the ESDC training and education activities;

               (c)

               the Head of the ESDC (‘the Head’), sole legal representative of the ESDC, with responsibility for the financial and administrative management of the ESDC, as well as advising the Committee and the Board on the organisation and management of ESDC activities;

               (d)

               the ESDC Secretariat (‘the Secretariat’) which is to assist the Head in fulfilling his tasks and in particular in assisting the Board to ensure the overall quality and coherence of the ESDC training and education activities.

         Article 9
   Steering Committee
   1.   The Steering Committee, composed of one representative appointed by each Member State, shall be the decision-making body of the ESDC. Each member of the Committee may be represented or accompanied by an alternate member.
   2.   Members of the Steering Committee may be accompanied by experts to meetings of the Committee.
   3.   The Steering Committee shall be chaired by a representative of the HR who has appropriate experience. It shall meet at least four times a year.
   4.   Representatives from countries acceding to the Union may attend the Steering Committee's meetings as active observers.
   5.   The Head, other ESDC staff, the Chairperson of the Board and when appropriate the Chairpersons of its different configurations as well as a representative of the Commission and other EU Institutions, including the EEAS shall participate in the meetings of the Steering Committee without the right to vote.
   6.   The tasks of the Steering Committee shall be to:

               (a)

               approve and keep under regular review the ESDC training and education activities reflecting the agreed ESDC training and education requirements;

               (b)

               approve the annual academic programme of the ESDC;

               (c)

               select and prioritise the training and education activities to be run under the ESDC, taking into account the resources available to the ESDC and the training and education requirements identified;

               (d)

               select the Member State(s) hosting the ESDC training and education activities and the institutes conducting them;

               (e)

               decide on opening specific ESDC training activities and education to third-country participation within the general political framework set by the Political and Security Committee;

               (f)

               adopt the curricula for all ESDC training and education activities;

               (g)

               take note of the course evaluation reports;

               (h)

               take note of the general annual report on ESDC training and education activities and adopt the recommendations therein, to be forwarded to the relevant Council bodies;

               (i)

               provide overall guidance to the work of the Board;

               (j)

               appoint the Chairpersons of the Executive Academic Board and its different configurations;

               (k)

               take the necessary decisions with regard to the functioning of the ESDC in so far as these are not attributed to other bodies;

               (l)

               approve the annual budget and any amending budget, acting on proposals from the Head;

               (m)

               approve the annual accounts and give a discharge to the Head;

               (n)

               approve additional rules applicable to expenditure managed by the ESDC;

               (o)

               approve any financing agreement and technical arrangements with the Commission, the EEAS, a Union Agency or a Member State regarding the financing or the implementation of the ESDC's expenditure;

               (p)

               contribute to the selection process of the Head as defined in Article 11(3).

         7.   The Steering Committee shall approve its Rules of Procedure.
   8.   Except of the case provided for in Article 2(6) of the financial rules applicable to expenditure funded by the ESDC and its financing, the Steering Committee shall act by qualified majority, as defined in Article 16(4) of the Treaty on European Union.
   Article 10
   The Executive Academic Board
   1.   The Board shall be composed of senior representatives from those civilian and military institutes and other actors identified by Member States to support the conduct of ESDC training and education activities and of the Director of EUISS or the Director's representative.
   2.   The Chairperson of the Board shall be appointed by the Steering Committee among the members of the Board.
   3.   Representatives of the Commission and of EEAS shall be invited to attend the meetings of the Board.
   4.   Senior representatives of the associate network partners shall be invited to attend the meetings of the Board as active observers.
   5.   Academic experts and senior officials from Union and national institutions may be invited to attend the meetings of the Board as observers. When appropriate and on a case-by-case basis, academic experts and senior officials who are representatives of institutes that are not members of the network may be invited to participate in the meetings of the Board.
   6.   The tasks of the Board shall be to:

               (a)

               provide academic advice and recommendations to the Steering Committee;

               (b)

               implement, through the network, the agreed annual academic programme;

               (c)

               oversee the e-Learning system;

               (d)

               develop curricula for all ESDC training and education activities;

               (e)

               ensure general coordination of ESDC training and education activities among all institutes;

               (f)

               review standards of the training and education activities undertaken in the previous academic year;

               (g)

               submit proposals to the Steering Committee for training and education activities in the next academic year;

               (h)

               ensure a systematic evaluation of all ESDC training and education activities and approve the course evaluation reports;

               (i)

               contribute to the draft general annual report on ESDC activities;

               (j)

               support the implementation of the European Initiative for the Exchange of Young Officers, inspired by the Erasmus Programme.

         7.   To fulfil its tasks, the Board may meet in different project-focused configurations. The Steering Committee shall agree on those configurations and the Board shall draw up the rules and arrangements governing the creation and functioning of those configurations. Each configuration will report its activities back to the overall Board at least once every year, after which its mandate may be extended.
   8.   A member of the ESDC Secretariat will support and assist the Board and each of its configurations. He or she will attend the meetings without the right to vote. If no other candidate can be identified, he or she may, at the same time, chair the meetings.
   9.   The Rules of Procedure of the Board and each of its configurations shall be adopted by the Steering Committee.
   Article 11
   The Head
   1.   The Head shall:

               (a)

               be responsible for the ESDC activities;

               (b)

               be the sole legal representative of the ESDC;

               (c)

               be responsible for the financial and administrative management of the ESDC;

               (d)

               advise the Steering Committee and the Board and support their work; and

               (e)

               act as the representative of the ESDC for training and education activities within and outside the network.

         2.   Candidates for the position of Head shall be persons with recognised long-standing expertise and experience in training and education. The Member States may put forward candidates for the position of Head. Staff of the Union institutions and the EEAS may apply for this position, in accordance with the applicable rules.
   3.   The pre-selection process shall be organised under the responsibility of the HR. The pre-selection panel shall be composed of three representatives of the EEAS. It shall be chaired by the Chair of the Steering Committee. On the basis of the pre-selection results, the HR shall provide to the Steering Committee a recommendation with a shortlist of at least three candidates, drawn-up in the order of the pre-selection panel's preference. At least half of the candidates on the shortlist should come from the Member States. The candidates will present their vision for the ESDC to the Steering Committee, after which the Member States will be invited to rank the candidates in a written, secret vote. The Head shall be appointed by the HR as a member of the EEAS staff.
   4.   The tasks of the Head shall in particular be to:

               (a)

               take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the effective functioning of ESDC activities;

               (b)

               draw up the preliminary draft annual report of the ESDC and its preliminary draft work programme to be submitted to the Steering Committee on the basis of the proposals submitted by the Board;

               (c)

               coordinate the implementation of the ESDC work programme;

               (d)

               maintain contacts with the relevant authorities in the Member States;

               (e)

               maintain contacts with relevant external training and education actors in the field of CFSP and CSDP;

               (f)

               conclude where necessary technical arrangements on ESDC training and education activities with the relevant authorities and training and education actors in the field of CFSP and CSDP;

               (g)

               perform any other task attributed to him or her by the Steering Committee.

         5.   The Head shall be responsible for the financial and administrative management of the ESDC, and in particular shall:

               (a)

               draw up and submit to the Steering Committee any draft budget;

               (b)

               adopt the budgets after their approval by the Steering Committee;

               (c)

               be the authorising officer for the ESDC's budget;

               (d)

               open one or more bank accounts on behalf of the ESDC;

               (e)

               negotiate, submit to the Steering Committee and conclude any financing agreement and/or technical arrangement with the Commission, the EEAS or a Member State regarding the financing and/or the implementation of the ESDC's expenditure;

               (f)

               select the staff of the Secretariat, assisted by a selection panel;

               (g)

               negotiate and sign on behalf of the ESDC any Exchange of Letters for the secondment to the ESDC of Secretariat staff;

               (h)

               negotiate and sign on behalf of the ESDC any contract of employment for staff paid from the ESDC budget;

               (i)

               generally, represent the ESDC for the purpose of all legal acts with financial implications;

               (j)

               submit to the Steering Committee the ESDC's annual accounts.

         6.   The Head shall be accountable to the Steering Committee for his or her activities.
   Article 12
   The ESDC Secretariat
   1.   The Secretariat shall assist the Head in fulfilling the tasks of the Head.
   2.   The Secretariat shall provide support to the Steering Committee, to the Board including its configurations and to institutes for the management, coordination and organisation of the ESDC training and education activities.
   3.   The Secretariat shall support and assist the Board in ensuring the overall quality and coherence of ESDC training and education activities and in ensuring that they remain in line with the Union's policy developments. In particular, they shall help to ensure that all steps in the delivery of a training and education activity, from curriculum development and the content to the methodologic approach, shall reflect the highest possible standards.
   4.   Each institute forming the ESDC network shall designate a point of contact with the Secretariat to deal with the organisational and administrative issues connected with the organisation of the ESDC training and education activities.
   5.   The Secretariat shall closely cooperate with the Commission and the EEAS.
   Article 13
   ESDC Staff
   1.   The ESDC staff shall consist of:

               (a)

               staff seconded to the ESDC by Union institutions, the EEAS and Union agencies;

               (b)

               national experts seconded to the ESDC by Member States;

               (c)

               contracted staff when no national expert has been identified for the position of administrative and financial assistant and following approval by the Steering Committee.

         2.   The ESDC may receive interns and visiting fellows.
   3.   The number of ESDC staff shall be decided by the Steering Committee together with the budget for the next year and have a clear link to the number of ESDC training and education activities and other tasks as defined in Article 4.
   4.   The Decision of the HR (6) establishing the rules applicable to national experts seconded to the EEAS shall be applicable mutatis mutandis to national experts seconded to the ESDC by Member States. The Union Staff Regulations remain applicable for personnel seconded to the ESDC by European Union Institutions, including for contracted staff paid from the ESDC budget.
   5.   The Steering Committee, acting on a proposal from the HR, shall define in so far as necessary the conditions applicable to interns and visiting fellows.
   6.   ESDC staff cannot conclude contracts or engage in any kind of financial obligations on behalf of the ESDC without prior written authorisation by the Head.
   CHAPTER III

      FINANCING

   Article 14
   Contributions in kind to training and education activities
   1.   Each Member State, Union institution, Union agency and institute, and EEAS shall bear all costs related to its participation in the ESDC, including salaries, allowances, travel and subsistence expenses and costs related to organisational and administrative support of the ESDC training and education activities.
   2.   Each participant in ESDC training and education activities shall bear all costs related to his or her participation.
   Article 15
   Support by the EEAS
   1.   The EEAS shall bear the costs arising from the hosting of the Head and the ESDC Secretariat within its premises, including information technology costs, the secondment of the Head and the secondment of one assistant staff member to the ESDC Secretariat.
   2.   The EEAS shall provide the ESDC with the administrative support necessary to recruit and manage its staff and to implement its budget.
   Article 16
   Contribution from the Union Budget
   1.   The ESDC shall receive an annual or multi-annual contribution from the general budget of the European Union. That contribution may cover, in particular, costs of supporting training and education activities and the costs of national experts seconded by Member States to the ESDC and up to one contracted staff member.
   2.   The financial reference amount intended to cover the expenditure related to the ESDC for the period from 1 January 2017 to 31 December 2017 shall be EUR 700 000. The financial reference amount for the subsequent periods shall be decided by the Council, following a recommendation by the Steering Committee.
   3.   Following the decision by the Council as referred to in paragraph 2, a financing agreement with the Commission shall be negotiated by the Head.
   Article 17
   Voluntary contributions
   1.   For the purpose of financing specific activities, the ESDC may receive and manage voluntary contributions from Member States and institutes or other donors. Such contributions shall be specifically designated by the ESDC.
   2.   Technical arrangements for the contributions referred to in paragraph 1 shall be negotiated by the Head.
   Article 18
   Implementation of projects
   1.   The ESDC can apply for research and other projects in the field of CFSP. The ESDC can act as a project coordinator or a member. The Head can be attached to the ‘advisory board’ of such a project. He or she may delegate this task to one of the Chairpersons of the EAB configurations or to a member of the ESDC Secretariat.
   2.   Contribution coming from those projects has to be made visible in the (amended) budget of the ESDC, designated and used according to the tasks and objectives of the ESDC.
   Article 19
   Financial rules
   The Financial Rules set out in the Annex shall apply to expenditure funded by the ESDC and to financing such expenditure.
   CHAPTER IV

      MISCELLANEOUS PROVISIONS

   Article 20
   Participation in ESDC training and education activities
   1.   All ESDC training and education activities shall be open to participation by nationals of all Member States and acceding States. The organising and conducting institutes shall ensure that this principle applies without any exception.
   2.   The ESDC training and education activities shall also be open in principle to participation by nationals of countries that are candidates for accession to the Union and, as appropriate, of other third States and Organisations, in particular for those training and education activities referred to in Article 4(2)(d).
   3.   Participants shall be civilian/diplomatic/police/military personnel dealing with aspects in the fields of CSDP and CFSP and experts to be deployed in CSDP missions or operations.
   Representatives of, inter alia, international organisations, non-governmental organisations, academic institutions and the media, as well as members of the business community, may be invited to participate in ESDC training and education activities.
   4.   A certificate signed by the HR shall be awarded to a participant who has completed an ESDC course. The modalities of the certificate shall be kept under review by the Steering Committee. The certificate shall be recognised by the Member States and by the Union institutions.
   Article 21
   Cooperation
   The ESDC shall cooperate with and draw on the expertise of international organisations and other relevant actors, such as national training and education institutes of third States, in particular but not limited to those referred to in Article 5(2).
   Article 22
   Security regulations
   The provisions set out in Decision 2013/488/EU (7) shall apply to the ESDC.
   CHAPTER V

      FINAL PROVISIONS

   Article 23
   Continuity
   The rules and regulations adopted for the implementation of Decision 2013/189/CFSP shall remain in force for the purpose of implementing this Decision in so far as they are compatible with the provisions of this Decision and until they are amended or repealed.
   Article 24
   Repeal
   Decision 2013/189/CFSP is hereby repealed.
   Article 25
   Entry into force and expiry
   1.   This Decision shall enter into force on 1 January 2017. It shall be reviewed as appropriate, and, in any case, no later than six months before its expiry.
   2.   This Decision shall expire on 2 January 2021.

      Done at Brussels, 21 December 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  Council Joint Action 2005/575/CFSP of 18 July 2005 establishing a European Security and Defence College (ESDC) (OJ L 194, 26.7.2005, p. 15).

      (2)  Council of 23 June 2008 establishing a European Security and Defence College (ESDC) and repealing 2005/575/CFSP (OJ L 176, 4.7.2008, p. 20).

      (3)  Council Decision 2013/189/CFSP of 22 April 2013 establishing a European Security and Defence College (ESDC) and repealing Joint Action 2008/550/CFSP (OJ L 112, 24.4.2013, p. 22).

      (4)  Council Conclusions on the ESDP, 2903rd External Relations Council meeting.

      (5)  Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).

      (6)  Decision of the High Representative of the Union for Foreign Affairs and Security Policy of 23 March 2011 establishing the rules applicable to National Experts Seconded to the European External Action Service (OJ C 12, 14.1.2012, p. 8).

      (7)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

      ANNEX

         Financial rules applicable to expenditure funded by the ESDC and to the financing of the expenditure of the ESDC

      Article 1
      Budgetary principles
      1.   The ESDC's budget, drawn up in euro, is the act which for each financial year lays down and authorises all the ESDC's revenue and all expenditure funded by the ESDC.
      2.   Budget revenue and expenditure shall be in balance.
      3.   No revenue or expenditure funded by the ESDC may be implemented other than by allocation to a heading in the budget.
      Article 2
      Adoption of budgets
      1.   Each year the Head shall draw up a draft budget for the following financial year, which begins on 1 January and ends on 31 December of the same year. The draft budget shall include the appropriations deemed necessary to cover the expenditure to be funded by the ESDC during that period and a forecast of the revenue expected to cover such expenditure.
      2.   Appropriations shall be classified as necessary by type or purpose in chapters and articles. Detailed comments by article shall be included in the draft.
      3.   Revenue shall consist of Member States' or other donors' voluntary contributions as well as the annual contribution from the budget of the European Union.
      4.   The Head shall submit a detailed budget report on the previous financial year by 31 March. He or she shall propose the draft budget for the following financial year to the Steering Committee by 31 July.
      5.   The Steering Committee shall approve the draft budget by 31 October.
      6.   In case the ESDC shall receive a multi-annual contribution from the general budget of the Union, the Steering Committee shall approve the annual budget by consensus.
      Article 3
      Transfers of appropriations
      In the case of unforeseen circumstances, transfers of appropriations between budget lines or budget headings of the contribution referred to in Article 16, not exceeding 25 % of those budget lines or headings, may be decided by the Head, who will keep the Steering Committee informed of such transfers. Transfers of appropriations between budget lines or headings exceeding 25 % of the budget lines or headings shall be submitted to the Steering Committee in an amended budget for approval.
      Article 4
      Carryovers of appropriations
      1.   Appropriations necessary to pay for legal obligations entered into by 31 December of a financial year shall be carried over to the next financial year.
      2.   Appropriations coming from voluntary contributions shall be carried over to the next financial year.
      3.   Appropriations coming from projects shall be carried over to the next financial year.
      4.   The Head may carry over other appropriations in the budget to the next financial year with the approval of the Steering Committee.
      5.   Other appropriations shall be cancelled at the end of the financial year.
      Article 5
      Implementation of the budget and staff management
      For the purpose of implementing its budget and managing its staff, the ESDC shall use existing administrative structures of the Union, notably the EEAS, to the greatest possible extent.
      Article 6
      Bank accounts
      1.   Any ESDC bank account shall be opened at a first-rate financial institution with its head office in a Member State and shall be a current or short-term account in euro.
      2.   No bank account shall be overdrawn.
      Article 7
      Payments
      Any payment from an ESDC's bank account shall require the joint signature of the Head of the ESDC and another member of the ESDC staff.
      Article 8
      Accounting
      1.   The Head shall ensure that accounts showing the ESDC's revenue, expenditure and inventory of assets are kept in accordance with the internationally accepted accounting standards for the public sector.
      2.   The Head shall submit to the Steering Committee the annual accounts for a given financial year no later than the following 31 March, together with the detailed report mentioned in Article 2(4).
      3.   The necessary accounting services shall be outsourced.
      Article 9
      Auditing
      1.   An audit of the ESDC's accounts shall be conducted annually.
      2.   The necessary auditing services may be outsourced.
      3.   The audit reports shall be made available to the Steering Committee together with the detailed report mentioned in Article 2(4).
      Article 10
      Discharge
      1.   The Steering Committee shall decide on the basis of the detailed report, the annual accounts and the annual audit report whether to grant the Head a discharge in respect of the implementation of the ESDC's budget.
      2.   The Head shall take all appropriate steps to satisfy the Steering Committee that a discharge may be granted and to act on the observations in the decisions giving discharge, if any.


Avis juridique important

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31998D0553

98/553/EC: Council Decision of 24 September 1998 appointing an alternate member of the Committee of the Regions

Official Journal L 265 , 30/09/1998 P. 0033 - 0033

COUNCIL DECISION of 24 September 1998 appointing an alternate member of the Committee of the Regions (98/553/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to the Council Decision 98/110/EC of 26 January 1998 (1) appointing members and alternate members of the Committee of the Regions,Whereas a seat as an alternate member of the Committee has become vacant following the resignation of Mr Ramón García Cañal, alternate member, notified to the Council on 28 July 1998;Having regard to the proposal from the Spanish Government,HAS DECIDED AS FOLLOWS:Sole Article Mr Leonardo Verdín Bouza is hereby appointed an alternate member of the Committee of the Regions in place of Mr Ramón García Cañal for the remainder of the latter's term of office, which runs until 25 January 2002.Done at Brussels, 24 September 1998.For the CouncilThe PresidentN. MICHALEK(1) OJ L 28, 4. 2. 1998, p. 19.


title: 2007/271/EC: Commission Decision of 23 April 2007 concerning the financial contribution by the Community for the OIE Conference in 2007 Towards the elimination of rabies in Eurasia

text:
               3.5.2007

               EN

               Official Journal of the European Union

               L 115/22

      COMMISSION DECISION

   of 23 April 2007
   concerning the financial contribution by the Community for the OIE Conference in 2007 ‘Towards the elimination of rabies in Eurasia’
   (2007/271/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 20 thereof,
   Whereas:

               (1)

               Decision 90/424/EEC lays down the procedures governing financial contributions from the Community towards specific veterinary measures, including technical and scientific measures. More particularly, the Community is to undertake, or assist the Member States or international organisations in undertaking, the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.

               (2)

               The Office International des Epizooties (OIE) has taken the initiative of organising a large scale conference ‘Towards the elimination of rabies in Eurasia’ to be held in May 2007 in Paris (‘the OIE conference’). Because the aim of the OIE Conference is to further elaborate the recommendations of the conference held by OIE in Kiev in 2005, the OIE has a de facto monopoly as mentioned in Article 168(c) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the financial regulation applicable to the general budget of the European Communities (2); hence a call for proposals is not required.

               (3)

               Rabies has been present for many years in several Member States in wildlife that serve as a reservoir for infections in other animals and thereby represent a serious health risk for humans. Those Member States have implemented eradication and oral vaccination programmes in wildlife. As a result of those measures, the disease has been eradicated in certain Member States but is still present in others where eradication programmes started more recently.

               (4)

               Those programmes need to be maintained until the complete eradication of rabies is achieved. Furthermore, programmes will need to be maintained in those Member States bordering third countries where rabies is still present in wildlife.

               (5)

               In the interests of animal health, any action which could facilitate policy decisions in favour of rabies control and eradication in countries in Eastern Europe and Central Asia should be encouraged.

               (6)

               The OIE conference could result in improvements in the veterinary legislation in force and in development in veterinary education and training of the participating countries.

               (7)

               It is therefore appropriate to make a Community financial contribution to the OIE conference. The maximum amount and rate of such contribution should be specified. The Community financial contribution shall be from budget line 17 04 02 01.

               (8)

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

         HAS DECIDED AS FOLLOWS:
   Sole Article
   A Community financial contribution, as provided for in Article 19 of Decision 90/424/EEC, at a maximum rate of 25 % of eligible costs up to a maximum amount of EUR 50 000 is awarded to the Office International des Epizooties (OIE) for the technical and scientific materials related to the conference: ‘Towards the elimination of Rabies in Eurasia’, to be held in Paris in May 2007.

      Done at Brussels, 23 April 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

      (2)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).


title: EFTA Surveillance Authority Decision No 637/08/COL of 8 October 2008 amending, for the sixty-sixth time, the procedural and substantive rules in the field of State aid

text:
               11.6.2009

               EN

               Official Journal of the European Union

               L 148/55

         EFTA SURVEILLANCE AUTHORITY DECISION

   No 637/08/COL
   of 8 October 2008
   amending, for the sixty-sixth time, the procedural and substantive rules in the field of State aid
   THE EFTA SURVEILLANCE AUTHORITY (1),
   HAVING REGARD to the Agreement on the European Economic Area (2), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (3), in particular to Article 24 and Article 5(2)(b) thereof,
   WHEREAS under Article 24 of the Surveillance and Court Agreement, the Authority shall give effect to the provisions of the EEA Agreement concerning State aid,
   WHEREAS under Article 5(2)(b) of the Surveillance and Court Agreement, the Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the Authority considers it necessary,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid adopted on 19 January 1994 by the Authority (4),
   WHEREAS, on 8 July 2008, the Commission of the European Communities (5) adopted a Communication concerning the prolongation of the Framework on State aid to shipbuilding (6) extending the validity of these guidelines until 31 December 2011,
   WHEREAS this Communication is also of relevance for the European Economic Area,
   WHEREAS uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the Authority, after consultation with the EC Commission, is to adopt acts corresponding to those adopted by the EC Commission,
   HAVING consulted the EC Commission on 9 September 2008,
   RECALLING that the Authority by letter of 9 September 2008 invited the EFTA States to submit comments on the subject and that the EFTA States did not present any objection,
   HAS ADOPTED THIS DECISION:
   Article 1
   The validity of the Chapter in the EFTA Surveillance Authority’s Guidelines on State aid to shipbuilding is prolonged until 31 December 2011. Paragraph 31 of the Guidelines on State aid to shipbuilding shall read as follows:

      ‘This Framework will be applicable from 1 January 2004 until 31 December 2011 at the latest. It may be reviewed by the Authority during this period.’

   Footnote 1 of the Guidelines on State aid to shipbuilding shall read as follows:

      ‘This Chapter corresponds to Community Framework on State aid to shipbuilding (OJ C 317, 30.12.2003, p. 11), as amended by the Commission on 24 October 2006 (OJ C 260, 28.10.2006, p. 7), and on 8 July 2008 (OJ C 173, 8.7.2008, p. 3).’

   Article 2
   Only the English version is authentic.

      Done at Brussels, 8 October 2008.

            For the EFTA Surveillance Authority

         Per SANDERUD

            President

         Kristján Andri STEFÁNSSON

            College Member

      (1)  Hereinafter referred to as ‘the Authority’.

      (2)  Hereinafter referred to as ‘the EEA Agreement’.

      (3)  Hereinafter referred to as ‘the Surveillance and Court Agreement’.

      (4)  Guidelines on the application and interpretation of Articles 61 and 62 of the EEA Agreement and Article 1 of Protocol 3 to the Surveillance and Court Agreement, adopted and issued by the Authority on 19 January 1994, published in OJ L 231, 3.9.1994, and in EEA Supplement No 32 of 3.9.1994, p. 1. The Guidelines were last amended on 16 July 2008. Hereinafter referred to as ‘the State Aid Guidelines’. The updated version of the State Aid Guidelines is published on the Authority’s website: http://www.eftasurv.int/fieldsofwork/fieldstateaid/state_aid_guidelines/

      (5)  Hereinafter referred to as ‘the EC Commission’.

      (6)  OJ C 173, 8.7.2008, p. 3.


title: 2010/685/EU: Commission Decision of 10 November 2010 amending Chapter 3 of Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks  Text with EEA relevance

text:
               11.11.2010

               EN

               Official Journal of the European Union

               L 293/67

         COMMISSION DECISION
   of 10 November 2010
   amending Chapter 3 of Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks
   (Text with EEA relevance)
   (2010/685/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks (1), and in particular Article 23(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 715/2009 sets up guidelines on the definition of the technical information necessary for network users to gain effective access to the system.

               (2)

               The guidelines should introduce transparency requirements in order to ensure effective access to natural gas transmission systems and to provide a minimum guarantee of equal market access conditions in practice.

               (3)

               The measures provided for in this Decision are in accordance with the opinion of the Committee referred to Article 28 of Regulation (EC) No 715/2009,

         HAS ADOPTED THIS DECISION:
   Article 1
   Chapter 3 of the Annex I to Regulation (EC) No 715/2009 is replaced by the text in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from 3 March 2011.

      Done at Brussels, 10 November 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 211, 14.8.2009, p. 36.

      ANNEX

         ‘3.   Definition of the technical information necessary for network users to gain effective access to the system, the definition of all relevant points for transparency requirements and the information to be published at all relevant points and the time schedule according to which this information shall be published

         3.1.   Definition of the technical information necessary for network users to gain effective access to the system

         3.1.1.   Form of publication

                     (1)

                     Transmission system operators (TSOs) shall provide all information referred to under paragraph 3.1.2 and paragraph 3.3(1) to 3.3(5) in the following manner:

                                 (a)

                                 on a website accessible to the public, free of charge and without any need to register or otherwise sign on with the transmission system operator;

                                 (b)

                                 on a regular/rolling basis; the frequency shall be according to the changes that take place and the duration of the service;

                                 (c)

                                 in a user-friendly manner;

                                 (d)

                                 in a clear, quantifiable, easily accessible way and on a non-discriminatory basis;

                                 (e)

                                 in downloadable format that allows for quantitative analyses;

                                 (f)

                                 in consistent units, in particular kWh (with a combustion reference temperature of 298,15 K) shall be the unit for energy content and m3 (at 273,15 K and 1,01325 bar) shall be the unit for volume. The constant conversion factor to energy content shall be provided. In addition to the format above, publication in other units is also possible;

                                 (g)

                                 in the official language(s) of the Member State and in English.

                     (2)

                     Transmission system operators shall provide details on actual changes to all information referred to under paragraph 3.1.2 and paragraph 3.3(1) to 3.3(5) in a timely manner as soon as available to them.

               3.1.2.   Content of publication

         Transmission system operators shall publish at least the following information about their systems and services:

                     (a)

                     a detailed and comprehensive description of the different services offered and their charges;

                     (b)

                     the different types of transportation contracts available for these services;

                     (c)

                     the network code and/or the standard conditions outlining the rights and responsibilities of all network users including:

                                 1.

                                 harmonised transportation contracts and other relevant documents;

                                 2.

                                 if relevant for access to the system, for all relevant points as defined in paragraph 3.2 of this Annex, a specification of relevant gas quality parameters, including at least the gross calorific value and the Wobbe index, and the liability or costs of conversion for network users in case gas is outside these specifications;

                                 3.

                                 if relevant for access to the system, for all relevant points information on pressure requirements;

                                 4.

                                 the procedure in the event of an interruption of interruptible capacity, including, where applicable, the timing, extent, and ranking of individual interruptions (for example pro-rata or first-come-last-interrupted);

                     (d)

                     the harmonised procedures applied when using the transmission system, including the definition of key terms;

                     (e)

                     provisions on capacity allocation, congestion management and anti-hoarding and reutilisation procedures;

                     (f)

                     the rules applicable for capacity trade on the secondary market vis-à-vis the transmission system operator;

                     (g)

                     rules on balancing and methodology for the calculation of imbalance charges;

                     (h)

                     if applicable, the flexibility and tolerance levels included in transportation and other services without separate charge, as well as any flexibility offered in addition to this and the corresponding charges;

                     (i)

                     a detailed description of the gas system of the transmission system operator and its relevant points of interconnection as defined in paragraph 3.2 of this Annex as well as the names of the operators of the interconnected systems or facilities;

                     (j)

                     the rules applicable for connection to the system operated by the transmission system operator;

                     (k)

                     information on emergency mechanisms, as far as it is the responsibility of the transmission system operator, such as measures that can lead to the disconnection of customers groups and other general liability rules that apply to the transmission system operator;

                     (l)

                     procedures agreed upon by transmission system operators at interconnection points, of relevance for access of network users to the transmission systems concerned, relating to interoperability of the network, agreed procedures on nomination and matching procedures and other agreed procedures that set out provisions in relation to gas flow allocations and balancing, including the methods used;

                     (m)

                     transmission system operators shall publish a detailed and comprehensive description of the methodology and process, including information on the parameters employed and the key assumptions, used to calculate the technical capacity.

               3.2.   Definition of all relevant points for transparency requirements

                     (1)

                     Relevant points shall include at least:

                                 (a)

                                 all entry and exit points to and from a transmission network operated by a transmission system operator, with the exception of exit points connected to a single final customer, and with the exception of entry points linked directly to a production facility of a single producer that is located within the EU;

                                 (b)

                                 all entry and exit points connecting balancing zones of transmission system operators;

                                 (c)

                                 all points connecting the network of a transmission system operator with an LNG terminal, physical gas hubs, storage and production facilities, unless these production facilities are exempted under (a);

                                 (d)

                                 all points connecting the network of a given transmission system operator to infrastructure necessary for providing ancillary services as defined by Article 2(14) of Directive 2009/73/EC.

                     (2)

                     Information for single final customers and for production facilities, that is excluded from the definition of relevant points as described under 3.2(1)(a), shall be published in aggregate format, at least per balancing zone. The aggregation of single final customers and of production facilities, excluded from the definition of relevant points as described under 3.2(1)(a), shall for the application of this Annex be considered as one relevant point.

                     (3)

                     Where points between two or more transmission operators are managed solely by the transmission operators concerned, with no contractual or operational involvement of system users whatsoever, or where points connect a transmission system to a distribution system and there is no contractual congestion at these points, transmission system operators shall be exempted for these points from the obligation to publish the requirements under paragraph 3.3 of this Annex. The national regulatory authority may require the transmission system operators to publish the requirements under paragraph 3.3 of this Annex for groups or all of the exempted points. In such case, the information, if available to the TSO, shall be published in an aggregated form at a meaningful level, at least per balancing zone. This aggregation of these points shall for the application of this annex be considered as one relevant point.

               3.3.   Information to be published at all relevant points and the time schedule according to which this information should be published

                     (1)

                     At all relevant points, transmission system operators shall publish the information as listed in paragraphs (a) to (g), for all services and ancillary services provided (in particular information on blending, ballasting and conversion). This information shall be published on a numerical basis, in hourly or daily periods, equal to the smallest reference period for capacity booking and (re-)nomination and the smallest settlement period for which imbalance charges are calculated. If the smallest reference period is different from a daily period, information as listed in paragraphs (a) to (g) shall be made available also for the daily period. This information and updates shall be published as soon as available to the system operator (“near real time”).

                                 (a)

                                 the technical capacity for flows in both directions;

                                 (b)

                                 the total contracted firm and interruptible capacity in both directions;

                                 (c)

                                 the nominations and re-nominations in both directions;

                                 (d)

                                 the available firm and interruptible capacity in both directions;

                                 (e)

                                 actual physical flows;

                                 (f)

                                 planned and actual interruption of interruptible capacity;

                                 (g)

                                 planned and unplanned interruptions to firm services as well as the information on restoration of the firm services (in particular, maintenance of the system and the likely duration of any interruption due to maintenance). Planned interruptions shall be published at least 42 days in advance.

                     (2)

                     At all relevant points, the information under paragraph 3.3(1)(a), (b) and (d) shall be published for a period of at least 18 months ahead.

                     (3)

                     At all relevant points, transmission system operators shall publish historical information on the requirements of paragraph 3.3(1)(a) to (g) for the past 5 years on a rolling basis.

                     (4)

                     Transmission system operators shall publish measured values of the gross calorific value or the Wobbe index at all relevant points, on a daily basis. Preliminary figures shall be published at the latest 3 days following the respective gas day. Final figures shall be published within 3 months after the end of the respective month.

                     (5)

                     For all relevant points, transmission system operators shall publish available capacities, booked and technical capacities, on an annual basis over all years where capacity is contracted plus 1 year, and at least for the next 10 years. This information shall be updated at least every month or more frequently, if new information becomes available. The publication shall reflect the period for which capacity is offered to the market.

               3.4.   Information to be published regarding the transmission system and the time schedule according to which this information should be published

                     (1)

                     Transmission system operators shall ensure the publication on a daily basis and updated every day the aggregated amounts of capacities offered, and contracted on the secondary market (i.e. sold from one network user to another network user), where the information is available to the TSO. This information shall include the following specifications:

                                 (a)

                                 interconnection point where the capacity is sold;

                                 (b)

                                 type of capacity, i.e. entry, exit, firm, interruptible;

                                 (c)

                                 quantity and duration of the capacity usage rights;

                                 (d)

                                 type of sale, e.g. transfer or assignment;

                                 (e)

                                 the total number of trades/transfers;

                                 (f)

                                 any other conditions known to the transmission system operator as mentioned in 3.3.

                           In so far such information is provided by a third party, transmission system operators shall be exempted from this provision.

                     (2)

                     Transmission system operators shall publish harmonised conditions under which capacity transactions (e.g. transfers and assignments) will be accepted by them. These conditions must at least include:

                                 (a)

                                 a description of standardised products which can be sold on the secondary market;

                                 (b)

                                 lead time for the implementation/acceptation/registration of secondary trades. In case of delays the reasons have to be published;

                                 (c)

                                 the notification to the transmission system operator by the seller or the third party as referred to under 3.4(1) about name of seller and buyer and capacity specifications as outlined in 3.4(1).

                           In so far such information is provided by a third party, transmission system operators shall be exempted from this provision.

                     (3)

                     Regarding the balancing service of its system, each transmission system operator shall provide to each network user, for each balancing period, its specific preliminary imbalance volumes and cost data per individual network user, at the latest 1 month after the end of the balancing period. Final data of customers supplied according to standardised load profiles may be provided up to 14 months later. In so far such information is provided by a third party, transmission system operators shall be exempted from this provision. The provision of this information shall respect confidentiality of commercially sensitive information.

                     (4)

                     Where flexibility services, other than tolerances, are offered for third party access, transmission system operators shall publish daily forecasts on a day-ahead basis of the maximum amount of flexibility, the booked level of flexibility and the availability of flexibility for the market for the next gas day. The transmission system operator shall also publish ex-post information on the aggregate utilisation of every flexibility service at the end of each gas day. If the national regulatory authority is satisfied that such information could give room to potential abuse by network users, it may decide to exempt the transmission system operator from this obligation.

                     (5)

                     Transmission system operators shall publish, per balancing zone, the amount of gas in the transmission system at the start of each gas day and the forecast of the amount of gas in the transmission system at the end of each gas day. The forecast amount of gas for the end of the gas day shall be updated on an hourly basis throughout the gas day. If imbalance charges are calculated on an hourly basis, the transmission system operator shall publish the amount of gas in the transmission system on an hourly basis. Alternatively, transmission system operators shall publish, per balancing zone, the aggregate imbalance position of all users at the start of each balancing period and the forecast of the aggregated imbalance position of all users at the end of each gas day. If the national regulatory authority is satisfied that such information could give room to potential abuse by network users, it may decide to exempt the transmission system operator from this obligation.

                     (6)

                     Transmission system operators shall provide user-friendly instruments for calculating tariffs.

                     (7)

                     Transmission system operators shall keep at the disposal of the relevant national authorities, for at least 5 years, effective records of all capacity contracts and all other relevant information in relation to calculating and providing access to available capacities, in particular individual nominations and interruptions. Transmission system operators must keep documentation of all relevant information under point 3.3(4) and (5) for at least 5 years and make them available to the regulatory authority upon request. Both parties shall respect commercial confidentiality.’


title: Council Decision 2004/795/CFSP of 22 November 2004 extending the mandate of the Head of Mission of the European Union Monitoring Mission (EUMM)

text:
               25.11.2004

               EN

               Official Journal of the European Union

               L 349/56

      COUNCIL DECISION 2004/795/CFSP
   of 22 November 2004
   extending the mandate of the Head of Mission of the European Union Monitoring Mission (EUMM)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 23(2) thereof,
   Having regard to Council Joint Action 2002/921/CFSP of 26 November 2002 extending the mandate of the European Union Monitoring Mission (1), and in particular Article 5(1) thereof,
   Whereas:

               (1)

               On 5 December 2003, the Council adopted Decision 2003/853/CFSP (2) extending the mandate of Ms Maryse DAVIET as Head of Mission of the European Monitoring Mission (EUMM). This Decision expires on 31 December 2004.

               (2)

               On 22 November 2004, the Council adopted Joint Action 2004/794/CFSP prolonging Joint Action 2002/921/CFSP extending the mandate of the European Union Monitoring Mission (EUMM) (3).

               (3)

               The mandate of the Head of Mission of the EUMM should therefore also be extended,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The mandate of Ms Maryse DAVIET as Head of Mission of the EUMM is hereby extended.
   Article 2
   This Decision shall take effect on the date of its adoption.
   It shall apply until 31 December 2005.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 November 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ L 321, 26.11.2002, p. 51 and corrigendum in OJ L 324, 29.11.2002, p. 76. Joint Action as amended by Joint Action 2003/852/CFSP (OJ L 322, 9.12.2003, p. 31).

      (2)  OJ L 322, 9.12.2003, p. 32.

      (3)  See page 55 of this Official Journal.


title: Decision of the Standing Committee of the EFTA States No 6/2010/SC of 9 December 2010 extending the tasks of the Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism

text:
               24.3.2011

               EN

               Official Journal of the European Union

               L 78/58

         DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES
   No 6/2010/SC
   of 9 December 2010
   extending the tasks of the Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism
   THE STANDING COMMITTEE OF THE EFTA STATES,
   Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter referred to as the EEA Agreement,
   Having regard to the Decision of the Standing Committee of the EFTA States No 1/2004/SC of 5 February 2004 establishing an Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism,
   Having regard to the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2009-2014,
   Having regard to Protocol 38b on the EEA Financial Mechanism, inserted into the EEA Agreement by the aforementioned Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2009-2014,
   Having regard to the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2009-2014,
   Recalling that Article 1, paragraph 1 of the Decision of the Standing Committee of the EFTA States No 1/2004/SC only gives the Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism a mandate to administer the 2004-2009 Financial Mechanisms,
   Considering the need for a Secretariat to administer the EEA and Norwegian Financial Mechanisms 2009-2014,
   HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism, established by Standing Committee Decision No 1/2004/SC, is hereby additionally entrusted with the task of serving as a secretariat assisting in the management of the EEA Financial Mechanism 2009-2014 and the Norwegian Financial Mechanism 2009-2014.
   2.   Regarding the EEA Financial Mechanism 2009-2014, the Office shall report to the EEA Financial Mechanism Committee.
   3.   Regarding the Norwegian Financial Mechanism 2009-2014, the Office shall report to the Norwegian Ministry for Foreign Affairs.
   Article 2
   This Decision shall take effect on the day of entering into force or on the day of provisional application of the legal act establishing the EEA Financial Mechanism for the period 2009-2014.
   Article 3
   This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

      Done at Brussels, 9 December 2010.

            For the Standing Committee

            The Chairman

         Stefán Haukur JÓHANNESSON

            The Secretary-General

         Kåre BRYN


Avis juridique important

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31994D0743

94/743/EC: Council Decision of 10 November 1994 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing, for the period 1 July 1994 to 30 June 1997, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea

Official Journal L 297 , 18/11/1994 P. 0031 - 0031 Finnish special edition: Chapter 4 Volume 6 P. 0142  Swedish special edition: Chapter 4 Volume 6 P. 0142

COUNCIL DECISION of 10 November 1994 on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period 1 July 1994 to 30 June 1997, the fishing rights and  financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea (94/743/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community,  Having regard to the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off Equatorial Guinea (1),  Having regard to the proposal from the Commission,  Whereas the Community and the Republic of Equatorial Guinea held negotiations to determine the amendments or additions to be made to the abovementioned Agreement on the expiry of the application period of the Protocol to the Agreement;  Whereas, as a result of those negotiations, a new Protocol was initialled on 30 June 1994;  Whereas the Protocol provides Community fishermen with fishing opportunities in waters over which the Republic of Equatorial Guinea has sovereignty from 1 July 1994 to 30 June 1997;  Whereas, in order to avoid any longer interruption in the fishing activities of Community vessels, the new Protocol should be applied as soon as possible; whereas for this reason the two Parties have initialled an Agreement in the form of an exchange of  letters providing for the provisional application of the initialled Protocol from 1 July 1994; whereas that Agreement should be approved, pending a final decision to be taken on the basis of Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:   Article 1  The Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period 1 July 1994 to 30 June 1997, the fishing rights and financial compensation provided for in the Agreement  between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea is hereby approved on behalf of the Community.  The text of the Agreement in the form of an exchange of letters is attached to this Decision.   Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement (in the form of an exchange of letters) in order to bind the Community.  Done at Brussels, 10 November 1994.  For the Council The President U. SEILER-ALBRING  (1) OJ No L 188, 16. 7. 1984, p. 2. Agreement as amended by the Agreement approved by Regulation (EEC) No 252/87 (OJ No L 29, 30. 1. 1987, p. 1).


title: 86/628/EEC: Council Decision of 8 December 1986 concluding an Additional Protocol to the Agreement between the European Economic Community and the Democratic Socialist Republic of Sri Lanka on trade in textile products consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

text:
27 . 12 . 86                            Official Journal of the European Communities                                  No L 366 / 7
                                                    COUNCIL DECISION
                                                      of 8 December 1986
                   concluding an Additional Protocol to the Agreement between the European Economic
                   Community and the Democratic Socialist Republic of Sri Lanka on trade in textile products
                   consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the
                                                            Community
                                                         ( 86 / 628 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Socialist Republic of Sri Lanka on trade in textile products
                                                                       consequent on the accession of the Kingdom of Spain and the
Having regard to the Treaty establishing the European                  Portuguese Republic to the Community is hereby approved
Economic Community , and in particular Article 113                     on behalf of the Community .
thereof,
Having      regard   to   the   recommendation    from     the         The text of the Protocol is attached to this Decision .
Commission ,
Whereas it is necessary to approve the Additional Protocol to
                                                                                Article 2
the Agreement between the European Economic Community
and the Democratic Socialist Republic of Sri Lanka on trade
in textile products to take account of the accession to the            The President of the Council shall give the notification
Community of the Kingdom of Spain and the Portuguese                   provided for in Article 4 of the Additional Protocol .
Republic ,
HAS DECIDED AS FOLLOWS :
                                                                       Done at Brussels , 8 December 1986 .
                            Article 1                                                                              For the Council
                                                                                The President
The Additional Protocol to the Agreement between the
European Economic Community and the Democratic                                                                       N. LAWSON


title: Decision (EU) 2016/1543 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European Union Agency for Network and Information Security for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/302

         DECISION (EU) 2016/1543 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European Union Agency for Network and Information Security for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Network and Information Security for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Union Agency for Network and Information Security for the financial year 2014, together with the Agency’s reply (1),

               —

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

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 — C8-0076/2016),

               —

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

               —

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

               —

               having regard to Regulation (EU) No 526/2013 of the European Parliament and of the Council of 21 May 2013 concerning the European Union Agency for Network and Information Security (ENISA) and repealing Regulation (EC) No 460/2004 (4), and in particular Article 21 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0098/2016),

               1.

               Grants the Executive Director of the European Union Agency for Network and Information Security discharge in respect of the implementation of the Agency’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 European Union Agency for Network and Information Security, 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 409, 9.12.2015, p. 223.

      (2)  See footnote 1.

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

      (4)  OJ L 165, 18.6.2013, p. 41.

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

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


Avis juridique important

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31997D0184

97/184/EC: Council Decision of 13 March 1997 concerning the conclusion, on behalf of the Community, of an Agreement between the European Community and the United Mexican States on cooperation regarding the control of precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

Official Journal L 077 , 19/03/1997 P. 0022 - 0023

COUNCIL DECISION of 13 March 1997 concerning the conclusion, on behalf of the Community, of an Agreement between the European Community and the United Mexican States on cooperation regarding the control of precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances (97/184/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, in conjunction with the first sentence of Article 228 (2), and Article 228 (4) thereof,Having regard to the proposal of the Commission,Whereas, on 25 September 1995, the Council authorized the Commission to negotiate, on behalf of the Community, agreements on the control of precursors and chemical substances with the Member States of the Organization of American States;Whereas the Commission, on the basis of this authorization, completed negotiations with the United Mexican States on 25 October 1996;Whereas it is appropriate that the Council authorize the Commission, in consultation with a special committee appointed by the Council, to approve modifications on behalf of the Community where the Agreement provides for them to be adopted by the Joint Follow-up Group; whereas, such authorization must be limited to the modification of the Annexes of the Agreement in so far as it concerns substances already covered by the Community legislation on precursors and chemical substances,HAS DECIDED AS FOLLOWS:Article 1 The Agreement between the European Community and the United Mexican States on cooperation regarding the control of precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances shall be approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council shall on behalf of the Community, communicate the instrument provided for in Article 12 to the Government of the United Mexican States (1).Article 3 1. The Community shall be represented in the Joint Follow-up Group provided for in Article 9 of the Agreement by the Commission, assisted by the representatives of the Member States.2. The Commission is authorized to approve, on behalf of the Community, modifications to the Annexes to the Agreement adopted by the Joint Follow-up Group by the procedure laid down in Article 10 of the Agreement.The Commission shall be assisted in this task by a special committee designated by the Council and charged with establishing a common position.3. The authorization referred to in paragraph 2 shall be limited to those substances which are already covered by the relevant Community legislation on drugs precursors and chemical substances.Article 4 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 13 March 1997.For the CouncilThe PresidentM. PATIJN(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.