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32002D0533

2002/533/EC: Council Decision of 13 June 2002 appointing an alternate member of the Committee of the Regions

Official Journal L 173 , 03/07/2002 P. 0013 - 0013

Council Decisionof 13 June 2002appointing an alternate member of the Committee of the Regions(2002/533/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 22 January 2002 appointing the members and alternate members of the Committee of the Regions(1),Whereas a seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr John WINTHER, alternate member, notified to the Council on 25 April 2002;Having regard to the proposal from the Danish Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Mads LEBECH is hereby appointed an alternate member of the Committee of the Regions in place of Mr John WINTHER for the remainder of his term of office, which runs until 25 January 2006.Done at Luxembourg, 13 June 2002.For the CouncilThe PresidentM. Rajoy Brey(1) OJ L 24, 26.1.2002, p. 38.


title: Decision (EU) 2016/1509 of the European Parliament of 28 April 2016 on the closure of the accounts of the European Banking Authority for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/221

         DECISION (EU) 2016/1509 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the European Banking Authority for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Banking Authority for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Banking Authority for the financial year 2014, together with the Authority’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 Authority in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0086/2016),

               —

               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 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (4), and in particular Article 64 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 and the opinion of the Committee on Economic and Monetary Affairs (A8-0090/2016),

               1.

               Notes that the final annual accounts of the European Banking Authority are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the European Banking Authority for the financial year 2014;

               3.

               Instructs its President to forward this decision to the Executive Director of the European Banking Authority, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 111.

      (2)  See footnote 1.

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

      (4)  OJ L 331, 15.12.2010, p. 12.

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

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


title: Council Decision 2011/845/CFSP of 16 December 2011 concerning the temporary reception by Member States of the European Union of certain Palestinians

text:
               17.12.2011

               EN

               Official Journal of the European Union

               L 335/78

         COUNCIL DECISION 2011/845/CFSP
   of 16 December 2011
   concerning the temporary reception by Member States of the European Union of certain Palestinians
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 and Article 31(1) thereof,
   Whereas:

               (1)

               On 17 November 2010, the Council adopted Decision 2010/694/CFSP concerning the temporary reception by Member States of the European Union of certain Palestinians (1), which provided for an extension of the validity of their national permits for entry into, and stay in, the territory of the Member States referred to in Common Position 2002/400/CFSP of 21 May 2002 concerning the temporary reception by Member States of the European Union of certain Palestinians (2) for a further period of 12 months.

               (2)

               On the basis of an evaluation of the application of Common Position 2002/400/CFSP, the Council considers it appropriate that the validity of those permits be extended for a further period of 12 months,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Member States referred to in Article 2 of Common Position 2002/400/CFSP shall extend the validity of the national permits for entry and stay granted pursuant to Article 3 of that Common Position for a further period of 12 months.
   Article 2
   The Council shall evaluate the application of Common Position 2002/400/CFSP within six months of the adoption of this Decision.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 16 December 2011.

            For the Council

            The President

         T. NALEWAJK

      (1)  OJ L 303, 19.11.2010, p. 13.

      (2)  OJ L 138, 28.5.2002, p. 33.


title: Council Decision (EU) 2015/1027 of 23 June 2015 concerning the rules applicable to experts on secondment to the General Secretariat of the Council and repealing Decision 2007/829/EC

text:
               30.6.2015

               EN

               Official Journal of the European Union

               L 163/40

         COUNCIL DECISION (EU) 2015/1027
   of 23 June 2015
   concerning the rules applicable to experts on secondment to the General Secretariat of the Council and repealing Decision 2007/829/EC
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(2) thereof,
   Whereas:

               (1)

               The secondment of experts can be useful to the General Secretariat of the Council (the ‘GSC’) in its mission of assisting the European Council and the Council pursuant to Articles 235(4) and 240(2) Treaty on the Functioning of the European Union (‘TFEU’), respectively, by enabling the GSC to benefit from the high level of knowledge and professional experience of those experts, in particular in areas where such expertise is not readily available within the GSC itself.

               (2)

               The exchange of professional experience and knowledge of European policies should be supported through the temporary assignment of experts from Member States' public sectors (seconded national experts — ‘SNEs’) or from public intergovernmental organisations (‘IGOs’).

               (3)

               It is envisaged that SNEs will acquire knowledge during their secondment to the GSC that will help them in the performance of their tasks in future Council presidencies.

               (4)

               The rights and obligations of experts should ensure that they carry out their duties solely in the interests of the GSC.

               (5)

               In view of the temporary nature of their work and their particular status, experts should not take responsibility on behalf of the GSC for the exercise of its public law prerogatives, as defined by the Treaties, except where derogations are laid down in this Decision.

               (6)

               The conditions of employment of experts should be established and should be applicable regardless of the origin of the budgetary appropriations used to cover the expenditure.

               (7)

               Since the rules established by this Decision should replace those laid down in Council Decision 2007/829/EC (1), that Decision should be repealed without prejudice to its continuing application to all secondments which are ongoing at the time of entry into force of this Decision.

               (8)

               Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council (2) amended the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (the ‘Staff Regulations’), and in particular working conditions, leaves as well as the calculation of allowances defined in Annex VII thereto,

         HAS ADOPTED THIS DECISION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Scope
   1.   The rules established by this Decision apply to experts, who fulfil the conditions set out in Article 2, seconded to the GSC in the interest of the European Council and of the Council and who are either:

               (a)

               seconded national experts (‘SNEs’), which includes experts who are seconded:

                           (i)

                           by Member States' public administrations, at national or regional level;

                           (ii)

                           subject to authorisation by the GSC on a case-by-case basis, by an employer other than a Member State public administration, at national or regional level if the interests of the GSC warrant bringing in specific expertise as a temporary measure, provided that the employer:

                                       —

                                       is an independent university or research organisation which does not set out to make profits for redistribution, or

                                       —

                                       is part of the public sector as defined in the national law of that employer.

                     SNEs can be seconded on cost-free secondment (‘CFS’);

               (b)

               experts on CFS from a public intergovernmental organisation (‘IGO’) (with the exception of Union bodies within the meaning of Article 1a(2) of the Staff Regulations), in cases where a transfer of specific knowledge or expertise is required.

         2.   Articles 18, 19 and 20 are not applicable to any experts on CFS.
   Article 2
   Conditions for secondment
   To qualify for secondment to the GSC, experts shall:

               (1)

               have worked for their employer on a permanent or contract basis for at least 12 months before their secondment;

               (2)

               remain in the service of their employer throughout the period of secondment;

               (3)

               have at least three years' full-time experience of administrative, scientific, technical, advisory or supervisory functions relevant to the performance of the duties assigned to them. Before the secondment, the employer shall supply the GSC with a statement of the expert's employment covering the previous 12 months;

               (4)

               be nationals of a Member State.
               By way of derogation from the first subparagraph of this point, experts who are non-Member State nationals may be seconded from an IGO; in such exceptional cases, the GSC shall ensure that there is no conflict of interest and that the independence and coherence of the GSC policies and activities is safeguarded;

               (5)

               have a thorough knowledge of one official language of the Union and a satisfactory knowledge of a second language for the performance of their duties.

         Article 3
   Selection procedure
   1.   Experts shall be selected according to an open and transparent procedure, the practical details of which shall be decided in accordance with Article 32.
   Without prejudice to Article 2(4), experts shall be seconded on as wide a geographical basis as possible from among the nationals of the Member States. The Member States and the GSC shall cooperate to ensure, as far as possible, a balance between men and women and observe the principle of equal opportunities.
   2.   A call for the expression of interest shall be sent to the Permanent Representations of the Member States or the IGO, as appropriate. The call shall indicate the descriptions of the posts, the selection criteria and the deadline for the submission of applications.
   3.   All applications shall be transmitted to the GSC via the Permanent Representation of the Member States or through the human resources department of the IGO.
   4.   In duly justified and exceptional circumstances in the interests of the European Council, the GSC may decide that an expert shall be selected without following the selection procedures set out in paragraphs 1, 2 and 3.
   5.   The secondment of experts shall be subject to the specific requirements and budgetary capacity of the GSC.
   6.   The GSC shall create an individual file for the expert. That file shall contain relevant administrative information.
   Article 4
   Administrative procedure for secondment
   1.   Secondment shall be implemented by an Exchange of Letters between the Director-General for Administration of the GSC and the Permanent Representation of the Member State concerned or the IGO, as appropriate. The Permanent Representation shall also be notified of any secondment of own Member State nationals from IGOs. The place of secondment and the function group to which the expert will belong (AD or AST, as defined in the Staff Regulations) shall be indicated in the Exchange of Letters. The Exchange of Letters shall also mention the expert's superior within the Directorate-General, directorate, unit or department to which the expert is seconded, and a detailed description of the tasks the expert is to carry out. A copy of the rules applicable to the expert shall be attached to the Exchange of Letters.
   2.   Cost-free short-term secondment (‘CFSS’) of experts, as referred to in Chapter IV, may be authorised on a case-by-case basis. That authorisation shall take into consideration the expert's place of recruitment, the Directorate-General to which the expert shall be seconded, the geographical balance referred to in the second subparagraph of Article 3(1) and the duties proposed.
   Article 5
   Period of secondment
   1.   The period of secondment shall be a minimum of six months and a maximum of two years. It may be renewed successively up to a total period not exceeding four years.
   However, in exceptional cases, at the request of the relevant Director-General of the GSC and after prior agreement of the employer, the Director-General of Administration of the GSC may authorise one or more extensions of the secondment beyond the four-year maximum referred to in the first subparagraph, up to an additional two years.
   2.   The period of secondment shall be fixed at the outset in the Exchange of Letters provided for in Article 4(1). The same procedure shall apply in the case of any renewal or extension of the period of secondment.
   3.   An expert who has previously been seconded to the GSC may be seconded again, subject to the following conditions:

               (a)

               the expert continues to meet the conditions for secondment referred to in Article 2;

               (b)

               a period of at least six years has elapsed since the end of the previous period of secondment, including any renewal and extensions, or any subsequent employment contract with the GSC.
               This provision shall not prevent the GSC from accepting the secondment, less than six years after the end of the previous period of secondment, of an expert whose previous secondment, including any renewals and extensions, lasted for less than six years, but in that case the new secondment shall not exceed the unexpired part of the latter six-year period.

         Article 6
   Obligations of the employer
   Throughout the period of secondment, the expert's employer shall continue to:

               (1)

               pay the expert's salary;

               (2)

               be responsible for all the expert's social rights, in particular those concerning social security, insurance and pension; and

               (3)

               subject to point (d) of Article 10(2), maintain the expert's administrative status as either a permanent official or a contract staff member and inform the Directorate-General for Administration of the GSC of any change in the expert's administrative status as either a permanent official or a contract staff member.

         Article 7
   Duties
   1.   Experts shall assist GSC officials and other staff and carry out the tasks assigned to them.
   The duties to be carried out by an expert shall be defined by mutual agreement between the GSC and the employer:

               (a)

               in the interest of the GSC department to which the expert is seconded; and

               (b)

               taking into account the expert's qualifications.

         2.   Tasks to be assigned to an expert may include among others analyses, studies, exchanges of knowledge between administrations, project management, and assistance to the GSC's groups and preparatory committees.
   Notwithstanding the first subparagraph of paragraph 1 and the first subparagraph of this paragraph, the Secretary-General may, on a proposal from the Director-General of the department to which an expert is assigned, entrust the expert with specific duties and charge the expert with the conduct of one or more specific missions after verifying that there is no conflict of interest.
   3.   An expert shall take part in missions and meetings only:

               (a)

               if accompanying a GSC official or other staff member; or

               (b)

               if alone, as an observer or solely for information purposes.

         Unless an expert has received a special mandate, in accordance with the arrangements for implementing this Decision, by the Director-General of the GSC department concerned, the expert shall not be able to commit the GSC externally.
   4.   The GSC shall retain sole responsibility for approving the results of tasks performed by the expert.
   5.   The GSC departments concerned, the expert's employer and the expert shall make every effort to avoid any actual or potential conflict of interest in relation to the expert's duties during secondment. To that end, the GSC shall, in good time, inform the expert and the employer of the intended duties and shall ask each of them to confirm in writing that they know of no reason why the expert should not be assigned to those duties.
   The expert shall be asked in particular to declare any potential conflict between the expert's family circumstances (in particular the professional activities of close or extended family members, or any important financial interests of their own or of family members) and the proposed duties while on secondment.
   The employer and the expert shall undertake to notify the GSC of any change of circumstances during the secondment which could give rise to any conflict of interest.
   6.   Where the GSC considers that the nature of the tasks entrusted to the expert requires particular security precautions, security clearance shall be obtained before the expert is seconded.
   7.   In the event of failure to comply with the provisions of paragraphs 2, 3 and 5 of this Article, the GSC may terminate the secondment of the expert under the terms of point (c) of Article 10(2).
   Article 8
   Rights and obligations of experts
   1.   During the period of secondment an expert shall act with integrity. In particular:

               (a)

               the expert shall perform the duties assigned and otherwise behave with the interests solely of the European Council and the Council in mind.
               In particular, the expert shall, in the exercise of their duties, not accept any instructions from, nor undertake any activities for, their employer, any government, or any other person, private company or public body;

               (b)

               the expert shall abstain from any action, and in particular any public expression of opinion, which may reflect on their position at the GSC;

               (c)

               any expert shall inform their superior where the expert, in the performance of their duties, is called upon to give a decision on the handling or outcome of a matter in which the expert has a personal interest that could impair their independence;

               (d)

               the expert shall not, whether alone or together with others, publish or cause to be published any text dealing with the work of the Union without obtaining permission in accordance with the conditions and rules in force at the GSC. Permission shall be refused only where the intended publication is liable to prejudice the interests of the Union;

               (e)

               all rights in any work done by an expert in the performance of the expert's duties shall be the property of the GSC;

               (f)

               the expert shall reside at the place of secondment or at no greater distance from that place than is compatible with the proper performance of the duties assigned;

               (g)

               the expert shall assist and tender advice to the superior to whom they are assigned and shall be responsible to their superior for the performance of the duties entrusted to them.

         2.   Both during and after the period of secondment, the expert shall exercise the greatest discretion with regard to all facts and information of which the expert becomes aware in the course of, or in connection with, the performance of their duties. The expert shall not in any form whatsoever disclose to any unauthorised person any document or information not already lawfully made public, nor shall the expert use it for personal gain.
   3.   At the end of the secondment, the expert shall continue to be bound by the obligations to act with integrity and discretion in the exercise of new duties and in accepting certain posts or advantages.
   To that end, in the three years following the period of secondment the expert shall immediately inform the GSC of any duties or tasks which are likely to give rise to a conflict of interest in relation to the tasks carried out by the expert during the period of secondment.
   4.   The expert shall be subject to the security rules in force in the GSC, including data protection rules and GSC network protection rules. The expert shall also be subject to the rules governing the protection of the Union's financial interests.
   5.   Failure to comply with the provisions of paragraphs 1, 2 and 4 of this Article during the period of secondment shall entitle the GSC to terminate the secondment of an expert in accordance with point (c) of Article 10(2).
   6.   The expert shall immediately notify the expert's superior in writing if in the course of the secondment the expert becomes aware of facts which give rise to a presumption of the existence of:

               (a)

               possible illegal activity, including fraud or corruption, detrimental to the interests of the Union; or

               (b)

               conduct relating to the discharge of professional duties which may constitute a serious failure to comply with the obligations of officials of the Union or of experts.

         This paragraph shall also apply in the event of serious failure to comply with a similar obligation on the part of a Member of an institution or any other person in the service of, or carrying out work for, an institution.
   7.   Where the superior receives notification as referred to in paragraph 6 of this Article, the superior shall take the measures provided for in Article 22a(2) of the Staff Regulations. Articles 22a, 22b and 22c of the Staff Regulations shall apply to the superior under the terms of Article 4(1) of this Decision. Those provisions shall also apply mutatis mutandis to the expert concerned, to ensure that the expert's rights are respected.
   Article 9
   Suspension of secondment
   1.   At the written request of the expert or the employer, and with the latter's agreement, the GSC may authorise suspensions of secondment and specify the terms applicable. During a suspension:

               (a)

               the allowances referred to in Article 19 shall not be payable;

               (b)

               the expenses referred to in Article 20 shall be payable only if the suspension is at the GSC's request.

         2.   The GSC shall inform the employer and the Permanent Representation of the Member State concerned.
   Article 10
   Termination of periods of secondment
   1.   Subject to paragraph 2, secondment may be terminated at the request of the GSC or of the employer, provided three months' notice is given. It may also be terminated at the expert's request provided the same notice is given and subject to the employer's and the GSC's agreement.
   2.   In certain exceptional circumstances the secondment may be terminated without notice:

               (a)

               by the employer, if the employer's essential interests so require;

               (b)

               by mutual agreement between the GSC and the employer, at the request of the expert to both parties, if the expert's essential personal or professional interests so require;

               (c)

               by the GSC in the event of failure by the expert to comply with the obligations set out in this Decision. The expert shall first be given an opportunity to submit observations;

               (d)

               by the GSC in the event of the termination of, or change in, the expert's administrative status as either a permanent official or a contract staff member of the employer. The expert shall first be given an opportunity to submit observations.

         3.   In the event of termination under point (c) of paragraph 2, the GSC shall immediately inform the employer and the Permanent Representation of the Member State concerned.
   CHAPTER II

      WORKING CONDITIONS

   Article 11
   Social security
   1.   Before the period of secondment begins, the employer shall certify to the GSC that, throughout the period of secondment, the expert will remain subject to the social security legislation applicable to the Member State public administration or the IGO, which employs the expert. To this end, the Member State public administration shall supply the GSC with the attestation referred to in Article 19(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council (3) (‘Portable document A1’). The IGO shall supply the GSC with a certificate equivalent to the Portable document A1 and it shall prove that the social security legislation applicable provides for the defrayal of healthcare cost incurred abroad.
   2.   From the commencement of their secondment, the expert shall be covered by the GSC against the risk of accident. The GSC shall provide the expert with a copy of the terms of this cover on the day on which the expert reports to the relevant department of the Directorate-General for Administration to complete the administrative formalities related to the secondment.
   3.   When, in the context of a mission in which the expert is participating under the terms of Articles 7(3) and 29, additional or specific insurance is required, the relevant costs shall be borne by the GSC.
   Article 12
   Working hours
   1.   The expert shall be subject to the rules in force in the GSC as regards working hours and flexitime arrangements, depending on the requirements of the post to which the expert is assigned within the GSC.
   2.   The expert shall serve on a full-time basis throughout the period of secondment. Following a duly justified request from a Directorate-General and subject to compatibility with the interests of the GSC, the GSC may authorise an expert to work part-time, after agreement from the employer.
   3.   Where part-time working is authorised, the expert shall work at least half of the normal working time.
   4.   The allowances applicable within the GSC for shift work or standby duty may be paid to experts.
   Article 13
   Absence for reasons of sickness or accident
   1.   In the event of absence due to sickness or accident, an expert shall notify the superior as soon as possible, stating the expert's present address. The expert shall produce a medical certificate if absent for more than three consecutive days and may be required to undergo a medical examination arranged by the GSC.
   2.   Where absence due to sickness or accident of not more than three days exceeds a total of 12 days over a period of 12 months, an expert shall be required to produce a medical certificate for any further absence due to sickness or accident.
   3.   Where an absence due to sickness or accident exceeds one month or the period of service performed by the expert, whichever is the longer, the allowances referred to in Article 19(1) and (2) shall be automatically suspended. This paragraph shall not apply in the event of illness linked to pregnancy. Absence due to sickness or accident may not extend beyond the duration of the secondment of the person concerned.
   4.   However, if the expert is the victim of a work-related injury which occurs during the secondment the expert shall continue to receive, in full, the allowances provided for in Article 19(1) and (2) throughout the period during which that expert is unfit for work up to the end of the period of secondment.
   Article 14
   Annual leave, special leave and holidays
   1.   Without prejudice to specific provisions set out in this Decision, the expert shall be subject to the rules in force in the GSC as regards annual leave, special leave and holidays.
   2.   Leave is subject to prior authorisation by the department to which the expert is assigned.
   3.   Upon a duly substantiated application by the employer, up to two days of additional special leave in a 12-month period may be granted by the GSC. Requests are examined on a case-by-case basis.
   4.   Days of annual leave not taken by the end of the period of secondment shall be forfeited.
   5.   An expert whose period of secondment is less than six months may be granted special leave, on the basis of a reasoned application and subject to a decision by the Director-General of the department to which the expert is assigned. That special leave may not exceed three days for the whole period of secondment. Before granting such leave, the Director-General of the department shall hold a prior consultation with the Director-General of Administration.
   Article 15
   Special leave for training
   This Article applies to experts whose period of secondment is six months or more.
   Notwithstanding Article 14(3), additional special leave may be granted by the GSC for the training of the expert by the employer, subject to a duly reasoned application by the employer with a view to the expert's reintegration. The allowances referred to in Article 19 shall not be paid during that additional special leave.
   Article 16
   Maternity and paternity leave
   1.   An expert shall be subject to the rules in force in the GSC as regards maternity and paternity leave.
   2.   Where the national legislation of the employer grants longer maternity leave, at the expert's request and after prior agreement of the employer, the secondment shall be suspended for the period exceeding that granted by the GSC. In that case, a period equivalent to the suspension shall be added at the end of the secondment if the interests of the GSC warrant it.
   3.   Notwithstanding paragraph 1, the expert may apply for a suspension of the secondment to cover the whole of the period allowed for maternity, after prior agreement of the employer. In that case, a period equivalent to the suspension shall be added at the end of the secondment if the interests of the GSC warrant it.
   4.   Paragraphs 2 and 3 shall also apply to the cases of adoption.
   Article 17
   Management and control
   The management and control of working time and absences shall be the task of the Directorate-General for Administration of the GSC and the Directorate-General or department to which the expert is assigned, in accordance with the rules and procedures in force within the GSC.
   CHAPTER III

      ALLOWANCES AND EXPENSES

   Article 18
   Calculation of allowances and travel expenses
   1.   For the purposes of this Decision, the places of recruitment, secondment and return of an SNE shall be determined by the GSC in terms of the geographical position of those places based on their latitude and longitude, established in an appropriate database by the GSC Appointing Authority.
   2.   The geographical distance, referred to in Articles 19 and 20 of this Decision, between the place of secondment, on the one hand, and the place of recruitment or return, on the other, is determined by the great circle distance between the two points according to their latitude and longitude, based on the WGS 84 coordinate system (World Geodetic System 1984).
   3.   For the purposes of this Decision:

               (a)

               the place of recruitment shall be the place where the SNE performed their duties for the employer prior to secondment;

               (b)

               the place of secondment shall be Brussels;

               (c)

               the place of return shall be the place where the SNE will perform their main activity after the secondment is terminated.

         The place of recruitment shall be determined in the Exchange of Letters referred to in Article 4(1). The place of return shall be determined on the basis of a declaration by the employer.
   4.   For the purposes of this Article, circumstances arising from work done by SNEs for a Member State other than that of the place of secondment or for an IGO shall not be taken into account.
   Article 19
   Allowances
   1.   The SNE shall be entitled to a daily subsistence allowance throughout the period of secondment according to the same criteria as the expatriation allowance for officials referred to in Article 4 of Annex VII to the Staff Regulations. If those criteria are met, the daily subsistence allowance shall be EUR 128,67. Otherwise, it shall be EUR 32,18.
   2.   The SNE shall be entitled, throughout the period of secondment, to an additional monthly allowance paid as shown in the table below:

               Geographical distance between place of recruitment and place of secondment
               (in km)

               Amount in EUR

               0-150

               0,00

               > 150

               82,70

               > 300

               147,03

               > 500

               238,95

               > 800

               385,98

               > 1 300

               606,55

               > 2 000

               726,04

         3.   The allowances referred to in paragraphs 1 and 2 of this Article are intended to cover also incurred costs of removal of SNEs and any annual travel expenses incurred during secondment. They shall be payable for periods of mission, annual leave, maternity, paternity or adoption leave, special leave and holidays granted by the GSC, without prejudice to Articles 14, 15 and 16. Where part-time working is authorised, the SNE shall be entitled to reduced allowances on a pro-rata basis.
   4.   When the SNE starts the secondment, the SNE shall receive an advance amount equivalent to 75 days of the subsistence allowance, whereupon entitlement to any further such allowances shall cease during the corresponding period. If the secondment to the GSC is ended before the expiry of the period taken into account to calculate the advance, the SNE shall be obliged to return the amount corresponding to the remaining part of that period.
   5.   At the time of the Exchange of Letters provided for in Article 4(1), the employer shall inform the GSC of any payment received by the SNE similar to those mentioned in paragraphs 1 and 2 of this Article. Any such amounts shall be deducted from the corresponding allowances paid by the GSC to the SNE.
   6.   The update to remuneration and allowances adopted by application of Article 65 of and Annex XI to the Staff Regulations shall apply automatically to the monthly and subsistence allowances in the month following their adoption without retroactive effect. Following adaptation, the new amounts will be published in series C of the Official Journal of the European Union.
   Article 20
   Travel expenses
   1.   The SNE shall be entitled to a flat-rate reimbursement for themselves of travel expenses at the beginning of the secondment.
   2.   The flat-rate reimbursement shall be based on an allowance per kilometre of geographical distance between the place of recruitment and the place of secondment. The kilometric allowance shall be determined in accordance with Article 7 of Annex VII to the Staff Regulations.
   3.   The SNE shall be entitled to reimbursement for themselves of travel expenses to the place of return at the end of the secondment. The reimbursement may not be for a sum higher than that to which the SNE would have been entitled if the SNE had returned to their place of recruitment.
   4.   The travel expenses for SNE's family members are not reimbursed.
   Article 21
   Missions and mission expenses
   1.   The expert may be sent on mission subject to Article 7(2) and (3).
   2.   Mission expenses shall be reimbursed in accordance with the provisions in force at the GSC.
   Article 22
   Training
   The expert shall be entitled to attend training courses organised by the GSC, if the interests of the GSC warrant it. The reasonable interests of the expert, having regard in particular to their professional career after the secondment, shall be considered when a decision on permission to attend courses is taken.
   Article 23
   Administrative provisions
   1.   The expert shall report to the relevant department of the Directorate-General for Administration on the first day of secondment to complete the requisite administrative formalities. The expert shall take up their duties on either the first or the 16th of the month.
   2.   Payments shall be made by the GSC in euro into a bank account opened at a banking institution in the Union.
   CHAPTER IV

      EXPERTS ON COST-FREE SHORT-TERM SECONDMENT

   Article 24
   Experts on cost-free short-term secondment
   1.   A highly specialised expert may be seconded to the GSC on CFSS to perform specific duties for a maximum period of six months which may be extended in accordance with Article 25(1).
   Without prejudice to any contrary agreement between the GSC and the administration which seconds the expert on CFSS, such secondment shall not entail the payment of any allowances or expenses for the GSC except, where appropriate, those provided for in Article 29.
   2.   Subject to Articles 25 to 29, the rules laid down in Articles 1 to 17, 21 to 23 and 30 to 32 shall also apply to experts on CFSS.
   3.   Without prejudice to Article 8, conduct of an expert on CFSS shall always reflect the fact that the expert on CFSS is seconded to the GSC and shall never reflect adversely on their position at the GSC.
   Article 25
   Renewal and extension of cost-free short-term secondment
   1.   The period referred to in Article 24(1) may be extended once for a maximum period of six months. In exceptional cases, the GSC may, however, decide to grant an extension of more than six months.
   2.   The expert on CFSS may be seconded again to the GSC in accordance with the rules laid down in this Decision, provided that a period of at least one year has elapsed between the end of the previous period of secondment and the new secondment.
   3.   In exceptional cases, the one-year period referred to in paragraph 2 may be shortened.
   Article 26
   Description of duties
   1.   In the Exchange of Letters provided for in Article 4(1) reference shall be made to the person in charge within the Directorate-General or directorate, unit, or other department to which the expert on CFSS will be seconded and the duties to be performed by the latter shall be described in detail.
   2.   The expert on CFSS shall receive instructions from the person in charge referred to in paragraph 1 on the specific duties to be performed.
   Article 27
   Insurance
   Without prejudice to Article 29 and notwithstanding Article 11(2) and (3), an expert on CFSS shall be covered by the GSC against risks of accident, in cases where the expert on CFSS is not covered by the insurance of the employer against the same risk.
   Article 28
   Working conditions
   1.   Notwithstanding the second sentence of Article 12(2), an expert on CFSS shall work only on a full-time basis during the secondment.
   2.   Article 12(4) shall not apply to an expert on CFSS.
   3.   Article 14(3) and (5) shall not apply to an expert on CFSS. However, on the basis of a reasoned application submitted by the expert on CFSS, the expert on CFSS may be granted special leave by decision of the Director-General of the department to which the expert on CFSS is seconded. Such leave may not exceed three days over the entire period of secondment. The Director-General of the department shall hold a prior consultation with the Director-General of Administration.
   Article 29
   Missions
   1.   If an expert on CFSS takes part in missions in a place other than the place of secondment, the expert on CFSS shall be reimbursed in accordance with the rules in force for the reimbursement of missions involving officials, except where another arrangement has been agreed between the GSC and the employer.
   2.   If, in connection with a mission, special ‘high risk’ insurance is provided by the GSC for officials, this facility shall also apply to an expert on CFSS who takes part in the same mission.
   3.   An expert on CFSS who takes part in a mission outside the territory of the EU shall be subject to the security arrangements in force in the GSC for such missions.
   CHAPTER V

      COMPLAINTS

   Article 30
   Complaints
   Without prejudice to the possibilities for instituting proceedings after taking up a position, under the conditions and time limits laid down in Article 263 TFEU, any expert may submit a complaint to the unit of the Directorate-General for Administration responsible for complaints and requests under the Staff Regulations about an act by the Secretary-General of the Council under this Decision which adversely affects the expert, with the exception of acts which follow directly from decisions taken by the employer.
   The complaint must be lodged within two months. The period shall run from the date of notification of the decision to the person concerned, but in no case later than the date on which the latter received such notification. The Director-General of Administration shall notify the person concerned of a reasoned decision within four months from the date on which the complaint was lodged. If at the end of that period the expert has not received a reply to the complaint, the complaint shall be deemed to have been implicitly rejected.
   CHAPTER VI

      FINAL PROVISIONS

   Article 31
   Provision of information
   The Permanent Representations of all Member States shall be kept informed on a yearly basis about the number of experts in the GSC. This information shall include also:

               (a)

               the nationalities of experts seconded from an IGO as set out in the second subparagraph of Article 2(4);

               (b)

               any exceptions to the selection procedure in accordance with Article 3(4);

               (c)

               the assignment of all experts;

               (d)

               any suspension and early termination of experts' secondment set out in Articles 9 and 10;

               (e)

               the annual update of SNEs' allowances in accordance with Article 19.

         Article 32
   Delegation of powers
   All powers conferred to the GSC under this Decision shall be exercised by the Secretary-General of the Council. The Secretary-General of the Council is authorised to delegate any or all of those powers to the Director-General for Administration of the GSC.
   Article 33
   Repeal
   Council Decision 2007/829/EC is hereby repealed. However, Article 2(1) and Articles 15 to 19 thereof shall remain applicable to all secondments which are ongoing at the time of entry into force of this Decision, without prejudice to Article 34.
   Article 34
   Entry into force and application
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
   It shall apply from the first day of the month following its entry into force to each new secondment or renewal or extension of secondment.

      Done at Luxembourg, 23 June 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  Council Decision 2007/829/EC of 5 December 2007 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council and repealing Decision 2003/479/EC (OJ L 327, 13.12.2007, p. 10).

      (2)  Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (OJ L 287, 29.10.2013, p. 15).

      (3)  Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).


Avis juridique important

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31999D0435

1999/435/EC: Council Decision of 20 May 1999 concerning the definition of the Schengen acquis for the purpose of determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the acquis

Official Journal L 176 , 10/07/1999 P. 0001 - 0016

COUNCIL DECISIONof 20 May 1999concerning the definition of the Schengen acquis for the purpose of determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the acquis(1999/435/EC)THE COUNCIL OF THE EUROPEAN UNION,Acting on the basis of Article 2(1), second subparagraph, first sentence, of the Protocol annexed to the Treaty on European Union and the Treaty establishing the European Community, integrating the Schengen acquis into the framework of the European Union (hereinafter referred to as "the Schengen Protocol"),(1) Whereas it is necessary to define the Schengen acquis in order to allow the Council to determine, in conformity with the relevant provision of the Treaties, legal bases for each of the provisions of the Schengen acquis;(2) Whereas the determination of legal bases in necessary only in respect of those binding provisions or decisions constituting the Schengen acquis which are still operative;(3) Whereas the Council must therefore establish for which provisions or decisions constituting the Schengen acquis it is not necessary to determine a legal basis in conformity with the relevant provision of the Treaties;(4) Whereas the conclusion that for certain provisions of the Schengen acquis it is not necessary or appropriate for the Council to determine a legal basis in conformity with the relevant provisions of the Treaties may be justified on the following grounds:(a) The provision does not have any binding legal force, and a comparable provision can be adopted by the Council only on the basis of an instrument that has not legal basis in one of the Treaties.(b) The passage of time and/or events have rendered the provision redundant.(c) The provision relates to institutional rules which are regarded as being superseded by European Union procedures.(d) The subject matter of the provision is covered by - and therefore superseded by - existing European Community or Union legislation or by a legal act adopted by all Member States.(e) The provision has been made redundant by the Agreement to be concluded with the Republic of Iceland and the Kingdom of Norway pursuant to Article 6 of the Schengen Protocol.(f) The provision concerns an area covered neither by the activity of the Community nor by the aims of the European Union and thus concerns one of those areas in which the Member States have retained freedom to act. This includes provisions which may be significant only for the purposes of calculating financial claims of or between the Member States concerned;(5) Even if on one of these grounds it is not necessary or not appropriate for the Council to establish legal bases for certain provisions of the Schengen acquis, this does not have the effect of rendering them redundant or depriving them of legal validity. The legal effects of acts still in force which were adopted on the basis of such provisions are not affected;(6) The rights and duties of Denmark are governed by Article 3 of the Protocol integrating the Schengen acquis into the framework of the European Union and in Articles 1 to 5 of the Protocol on the position of Denmark,HAS DECIDED AS FOLLOWS:Article 11. In accordance with the Annex to the Protocol integrating the Schengen acquis into the framework of the European Union, the Schengen acquis comprises all the acts listed in Annex A to this Decision.2. The Schengen acquis, as referred to in paragraph 1, shall be published in the Official Journal of the European Communities, with the exception of those of its provisions listed in Article 2 and those provisions which at the time of the adoption of this Decision are classified as "confidential" by the Schengen Executive Committee.3. The Council shall retain the right also to publish other parts of the Schengen acquis in the Official Journal at a later date, in particular provisions the publication of which appears necessary in the general interest, or which the Council considers important for the interpretation of the Schengen acquis.Article 2It shall not be necessary for the Council, acting on the basis of Article 2(1), second subparagraph, second sentence, of the Schengen Protocol, to determine, in conformity with the relevant provisions of the Treaties, a legal basis for the following provisions and decisions constituting part of the Schengen acquis:(a) the provisions of the Convention, signed in Schengen on 19 June 1990, between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, implementing the Schengen Agreement and its related Final Act and declarations ("the Schengen Convention") which are listed in Part 1 of Annex B;(b) the provisions of the Accession Agreements and Protocols to the Schengen Agreement and to the Schengen Convention with the Italian Republic (signed in Paris on 27 November 1990), the Kingdom of Spain and the Portuguese Republic (signed in Bonn on 25 June 1991), the Hellenic Republic (signed in Madrid on 6 November 1992), the Republic of Austria (signed in Brussels on 28 April 1995) and the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden (signed in Luxembourg on 19 December 1996) which are listed in Part 2 of Annex B;(c) the decisions and declarations of the Executive Committee established by the Schengen Convention which are listed in Part 3 of Annex B;(d) the decisions of the Central Group which the Group has been authorised to take by the Executive Committee and which are listed in Part 3 of Annex B.Article 3This Decision shall have immediate effect.It shall be published in the Official Journal of the European Communities.Done at Brussels, 20 May 1999.For the CouncilThe PresidentE. BULMAHNANNEX AArticle 1SCHENGEN ACQUIS1. The Agreement, signed in Schengen on 14 June 1985, between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.2. The Convention, signed in Schengen on 19 June 1990, between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, implementing the Agreement on the gradual aboliton of checks at their common borders, signed in Schengen on 14 June 1985, with related Final Act and common declarations.3. The Accession Protocols and Agreements to the 1985 Agreement and the 1990 implementing Convention with Italy (signed in Paris on 27 November 1990), Spain and Portugal (signed in Bonn on 25 June 1991), Greece (signed in Madrid on 6 November 1992), Austria (signed in Brussels on 28 April 1995) and Denmark, Finland and Sweden (signed in Luxembourg on 19 December 1996), with related Final Acts and declarations.4. Decisons and declarations of the Schengen Executive Committee.5. Decisions of the Central Group which the Group has been authorised to take by the Executive Committee.Decisions>TABLE>Declarations>TABLE>6. List of acts adopted for the implementation of the Convention by the organs upon which the Executive Committee has conferred decision-making powers.Decisions of the Central Group>TABLE>ANNEX BArticle 2PART 1The Convention, signed in Schengen on 19 June 1990, between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, implementing the Schengen Agreement:Article 2(4)Article 4, as far as controls on baggage are concerned(1)Article 10(2)Article 19(2)Articles 28 to 38 and related definitions(2)Article 60Article 70Article 74Articles 77 to 81(3)Articles 83 to 90(4)Articles 120 to 125Articles 131 to 135Article 137Articles 139 to 142Final Act: declaration 2Final Act: declaration 4, 5 and 6ProtocolCommon declarationDeclaration by Ministers and State SecretariesPART 21. The Protocol, signed in Paris on 27 November 1990, on accession of the Government of the Italian Republic to the Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at their common borders, signed in Schengen on 14 June 1985.2. The following provisions of the Agreement, signed in Paris on 27 November 1990, on accession of the Italian Republic to the Convention, signed in Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, its Final Act and related declarations:Article 1Articles 5 and 6Final Act: Part IPart II, declarations 2 and 3Declaration by Ministers and State Secretaries.3. The Protocol, signed in Bonn on 25 June 1991, on accession of the Government of the Kingdom of Spain to the Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at their common borders, signed in Schengen on 14 June 1985, as amended by the Protocol on accession by the Government of the Italian Republic, signed in Paris on 27 November 1990, and its accompanying declarations.4. The following provisions of the Agreement, signed in Bonn on 25 June 1991, on accession of the Kingdom of Spain to the Convention, signed in Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, to which the Italian Republic has acceded under the Agreement signed in Paris on 27 November 1990, its Final Act and related declarations:Article 1Articles 5 and 6Final Act: Part IPart II, declarations 2 and 3Part III, declarations 1, 3 and 4Declaration by Ministers and State Secretaries.5. The Protocol, signed in Bonn on 25 June 1991, on accession of the Government of the Portuguese Republic to the Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at their common borders, signed in Schengen on 14 June 1985, as amended by the Protocol on accession by the Government of the Italian Republic, signed in Paris on 27 November 1990, and its accompanying declarations.6. The following provisions of the Agreement, signed in Bonn on 25 June 1991, on accession of the Portuguese Republic to the Convention, signed in Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, to which the Italian Republic has acceded under the Agreement signed in Paris on 27 November 1990, its Final Act and related declarations:Article 1Articles 7 and 8Final Act: Part IPart II, declarations 2 and 3Part III, declarations 2, 3, 4 and 5Declaration by Ministers and State Secretaries.7. The Protocol, signed in Madrid on 6 November 1992, on accession of the Government of the Hellenic Republic to the Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at their common borders, signed in Schengen on 14 June 1985, as amended by the Protocols on accession by the Government of the Italian Republic, signed in Paris on 27 November 1990, and by the Governments of the Kingdom of Spain and the Portuguese Republic, signed in Bonn on 25 June 1991, and its accompanying declaration.8. The following provisions of the Agreement, signed in Madrid on 6 November 1992, on accession of the Hellenic Republic to the Convention, signed in Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, to which have acceded the Italian Republic under the Agreement signed in Paris on 27 November 1990 and the Kingdom of Spain and the Portuguese Republic under the Agreements signed in Bonn on 25 June 1991, its Final Act and related declarations:Article 1Articles 6 and 7Final Act: Part IPart II, declarations 2, 3, 4 and 5Part III, declarations 1 and 3Declaration by Ministers and State Secretaries.9. The Protocol, signed in Brussels on 28 April 1995, on accession of the Government of the Republic of Austria to the Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at their common borders, signed in Schengen on 14 June 1985, as amended by the Protocols on accession by the Governments of the Italian Republic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic, signed on 27 November 1990, 25 June 1991 and 6 November 1992 respectively.10. The following provisions of the Agreement, signed in Brussels on 28 April 1995, on accession of the Republic of Austria to the Convention, signed in Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, to which have acceded the Italian Republic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic under the Agreements signed on 27 November 1990, 25 June 1991 and 6 November 1992 respectively, and its Final Act:Article 1Articles 5 and 6Final Act: Part IPart II, declaration 2Part III.11. The Protocol, signed in Luxembourg on 19 December 1996, on accession by the Government of the Kingdom of Denmark to the Agreement on the gradual abolition of controls at their common borders, signed in Schengen on 14 June 1985, and its related declaration.12. The following provisions of the Agreement, signed in Luxembourg on 19 December 1996, on accession of the Kingdom of Denmark to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of controls at their common borders, signed in Schengen on 19 June 1990, and its Final Act and related declaration:Article 1Article 5(1)Articles 7 and 8Final Act: Part IPart II, declaration 2Part IIIDeclaration by the Ministers and State Secretaries.13. The Protocol, signed in Luxembourg on 19 December 1996, on accession by the Government of the Republic of Finland to the Agreement on the gradual abolition of controls at their common borders, signed in Schengen on 14 June 1985, and its related declaration.14. The following provisions of the Agreement, signed in Luxembourg on 19 December 1996, on accession of the Republic of Finland to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of controls at their common borders, signed in Schengen on 19 June 1990, and its Final Act and related declaration:Article 1Articles 6 and 7Final Act: Part IPart II, declaration 2Part IIIDeclaration by the Ministers and State Secretaries.15. The Protocol, signed in Luxembourg on 19 December 1996, on accession by the Government of the Kingdom of Sweden to the Agreement on the gradual abolition of controls at their common borders, signed in Schengen on 14 June 1985, and its related declaration.16. The following provisions of the Agreement, signed in Luxembourg on 19 December 1996, on accession of the Kingdom of Sweden to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of controls at their common borders, signed in Schengen on 19 June 1990, and its Final Act and related declaration:Article 1Articles 6 and 7Final Act: Part IPart II, declaration 2Part IIIDeclaration by the Ministers and State Secretaries.PART 3Decisions of the Executive Committee>TABLE>Declarations of the Executive Committee>TABLE>Decisions of the Central Group>TABLE>(1) As far as controls on baggage are concerned, Article 4 has been superseded by Council Regulation (EEC) 3925/91 of 19 December 1991 concerning the elimination of controls and formalities applicable to the cabin and hold baggage of persons taking an intra-Community flight and the baggage of persons making an intra-Community sea-crossing (OJ L 374, 31.12.1991, p. 4).(2) Replaced by the Convention, signed in Dublin on 15 June 1990, determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities (OJ C 254, 19.8.1997, p. 1).(3) Articles 77 to 81 and 83 to 90 of the implementing Convention have been replaced by Directive 91/477/EEC on the control of the acquisition and possession of weapons. Weapons of war come within Member States' sphere of competence, under Article 296(1)(b) of the EC Treaty.(4) Articles 77 to 81 and 83 to 90 of the implementing Convention have been replaced by Directive 91/477/EEC on the control of the acquisition and possession of weapons. Weapons of war come within Member States' sphere of competence, under Article 296(1)(b) of the EC Treaty


title: Appointment of a member of the Court of Auditors – Mr Szabolcs Fazakas European Parliament decision of 25 March 2010 on the nomination of Szabolcs Fazakas as a Member of the Court of Auditors (C7-0019/2010 – 2010/0807(NLE))

text:
               7.1.2011

               EN

               Official Journal of the European Union

               CE 4/68

         Thursday 25 March 2010Appointment of a member of the Court of Auditors – Mr Szabolcs Fazakas
   P7_TA(2010)0078
   European Parliament decision of 25 March 2010 on the nomination of Szabolcs Fazakas as a Member of the Court of Auditors (C7-0019/2010 – 2010/0807(NLE))
   2011/C 4 E/17
   (Consultation)

      The European Parliament,
   having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0019/2010),
   whereas, at its meeting of 15 March 2010, the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors,
   having regard to Rule 108 of its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0038/2010),

               A.

               whereas Szabolcs Fazakas fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the European Union,

               1.

               Delivers a favourable opinion on the nomination of Szabolcs Fazakas as a Member of the Court of Auditors;

               2.

               Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


title: 2008/526/EC: Decision of the European Parliament of 24 April 2007 on closing the accounts of the European Training Foundation for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/147

      DECISION OF THE EUROPEAN PARLIAMENT

   of 24 April 2007
   on closing the accounts of the European Training Foundation for the financial year 2005
   (2008/526/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Training Foundation for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Training Foundation for the financial year 2005, together with the Foundation's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EEC) No 1360/90 of 7 May 1990 establishing a European Training Foundation (4), and in particular Article 11 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A6-0113/2007),

               1.

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

                           (in EUR 1000)

                           2005

                           2004

                              Revenue

                           Commission subsidies

                           18 500

                           17 600

                           Other donors — Italian Ministry Foreign Affairs

                           479

                           800

                           Other donors — CE — ETE MED convention

                           2 500

                           0

                           Other donors — CE — Tempus TA 2004/05 convention

                           1 739

                           0

                           Miscellaneous revenue

                           34

                           80

                              Total revenue (a)

                              23 252

                              18 480

                              Expenditure

                              Staff — Title I of the budget

                           Payments

                           11 310

                           11 122

                           Appropriations carried over

                           478

                           123

                              Administration — Title II of the budget

                           Payments

                           1 232

                           1 213

                           Appropriations carried over

                           326

                           247

                              Operating activities — Title III of the budget

                           Payments

                           2 818

                           3 449

                           Appropriations carried over

                           1 925

                           1 168

                              Earmarked revenue — Title IV

                           Payments

                           123

                           260

                           Appropriations received — not paid in 2005

                           356

                           540

                              CE — ETE MED convention — Title V

                           Payments

                           135

                           0

                           Appropriations received — not paid in 2005

                           2 365

                           0

                              CE — Tempus TA 2004/05 convention — Title VI

                           Payments

                           677

                           0

                           Appropriations received — not paid in 2005

                           1 062

                           0

                              Total expenditure (b)

                              22 808

                              18 122

                              Outturn for the financial year
                              (a - b)

                              444

                              358

                           Balance carried over from the previous financial year

                           - 759

                           -1 318

                           Appropriations carried over and cancelled

                           388

                           204

                           Reimbursements to the Commission

                           0

                           0

                           Exchange-rate differences

                           1

                           - 4

                              Balance for the financial year

                              74

                              - 759

                              Source: Foundation data — This table summarises the data supplied by the Foundation in its annual accounts;

               2.

               Approves closing the accounts of the European Training Foundation for the financial year 2005;

               3.

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

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 40.

      (2)  OJ C 312, 19.12.2006, p. 73.

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

      (4)  OJ L 131, 23.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1648/2003 (OJ L 245, 29.9.2003, p. 22).

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


title: 2007/114/EC: Commission Decision of 8 February 2007 amending Commission Decision 2005/56/EC setting up the Education, Audio-visual and Culture Executive Agency for the management of Community action in the fields of education, audio-visual and culture in application of Council Regulation (EC) No 58/2003 (Text with EEA relevance )

text:
               17.2.2007

               EN

               Official Journal of the European Union

               L 49/21

      COMMISSION DECISION

   of 8 February 2007
   amending Commission Decision 2005/56/EC setting up the Education, Audio-visual and Culture Executive Agency for the management of Community action in the fields of education, audio-visual and culture in application of Council Regulation (EC) No 58/2003
   (Text with EEA relevance)
   (2007/114/EC)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (1), and in particular Article 3(1) thereof,
   Whereas:

               (1)

               Under Article 4 of Commission Decision 2005/56/EC (2), the Education, Audio-visual and Culture Executive Agency (hereinafter referred to as the Agency) is responsible for certain tasks relating to the management of Community programmes in the fields of education, audio-visual and culture.

               (2)

               On 31 December 2006 most of the programmes entrusted to the Agency have expired, to be replaced by new programmes covering the period from 1 January 2007 to 31 December 2013.

               (3)

               The external evaluation carried out in November 2006 by the Commission, in accordance with Article 3(2) of Decision 2005/56/EC, showed that use of the Agency is the best way to manage certain centralised strands of the Community programmes in the fields of education, audio-visual and culture. This evaluation recommended that the Agency’s tasks be extended to include the management of the centralised strands of the new programmes in the fields of education, audio-visual and culture.

               (4)

               In the light of this evaluation, the Agency will be entrusted with not only the management of these new programmes but also the management of projects which, although coming under the Agency's current areas of competence, could be financed by other provisions or resources, i.e. those which could be financed by the Community’s aid to the countries of the western Balkans, the resources of the European Development Fund, certain European neighbourhood and partnership policy instruments, the financing instrument for development cooperation and certain agreements concluded by the Community with third countries in the fields of education, vocational training and youth.

               (5)

               Moreover, the Commission wishes to entrust to the Agency the implementation, at Community level, of the information network on education in Europe (Eurydice) referred to in action 6.1 of the second phase of the Community action programme in the field of education ‘Socrates’ and by the horizontal programme of the action programme in the field of lifelong learning.

               (6)

               Lastly, to ensure the stable and effective management of the new programmes entrusted to the Agency, the Agency’s lifespan should be amended and brought into line with the length of these new programmes. The lifespan of the Agency must also include a phasing-out period of two years relative to the implementation period of these new programmes (2014-2015), so as to allow the Agency to complete the projects selected over the last year of this implementation period.

               (7)

               Decision 2005/56/EC must consequently be amended.

               (8)

               The provisions set out by this Decision are in accordance with the opinion of the Committee for Executive Agencies,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2005/56/CE is amended as follows:

               1.

               Article 3(1) shall be replaced by the following:
               ‘1.   The Agency is hereby established for the period beginning on 1 January 2005 and ending on 31 December 2015.’

               2.

               Article 4(1) shall be replaced by the following:
               ‘1.   The Agency is hereby entrusted with the management of certain strands of the following Community programmes:

                           1.

                           the second phase of the Community action programme in the field of education “Socrates” (2000-2006), approved by Decision 253/2000/EC of the European Parliament and of the Council (3);

                           2.

                           the second phase of the Community vocational training action programme “Leonardo da Vinci” (2000-2006), approved by Council Decision 1999/382/EC (4);

                           3.

                           the “Youth” Community action programme (2000-2006), approved by Decision 1031/2000/EC of the European Parliament and of the Council (5);

                           4.

                           the “Culture 2000” programme (2000-2006), approved by Decision 508/2000/EC of the European Parliament and of the Council (6);

                           5.

                           projects in the field of higher education which could be funded under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Council Regulation (EC, Euratom) No 99/2000 (7);

                           6.

                           projects in the field of higher education which could be funded under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia (2000-2006), as approved under Council Regulation (EC) No 2666/2000 (8);

                           7.

                           projects which could be funded under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Council Decision No 2001/196/EC (9);

                           8.

                           projects which could be funded under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Council Decision No 2001/197/EC (10);

                           9.

                           the programme to encourage the development of European audio-visual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Council Decision 2000/821/EC (11);

                           10.

                           the training programme for professionals of the European audio-visual programme industry (MEDIA-Training) (2001-2006), approved by Decision 163/2001/EC of the European Parliament and of the Council (12);

                           11.

                           the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision 2318/2003/EC of the European Parliament and of the Council (13);

                           12.

                           the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Council Decision 2004/100/EC (14);

                           13.

                           the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC of the European Parliament and of the Council (15);

                           14.

                           the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision 791/2004/EC of the European Parliament and of the Council (16);

                           15.

                           the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision 792/2004/EC of the European Parliament and of the Council (17);

                           16.

                           projects in the field of higher education which could be financed by resources from the Ninth European Development Fund (2000-2007) (18);

                           17.

                           the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision 2317/2003/EC of the European Parliament and of the Council (19);

                           18.

                           projects which could be funded under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in higher education and vocational education and training (2006-2013), approved by Council Decision 2006/910/EC (20);

                           19.

                           projects which could be funded under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Council Decision 2006/964/EC (21);

                           20.

                           the action programme in the field of lifelong learning (2007-2013), approved by Decision 1720/2006/EC of the European Parliament and of the Council (22);

                           21.

                           the “Culture” programme (2007-2013), approved by Decision 1855/2006/EC of the European Parliament and of the Council (23);

                           22.

                           the programme “Europe for Citizens” to promote active European citizenship (2007-2013), approved by Decision 1904/2006/EC of the European Parliament and of the Council (24);

                           23.

                           the ‘Youth in Action’ programme (2007-2013), approved by Decision 1719/2006/EC of the European Parliament and of the Council (25);

                           24.

                           the support programme for the European audio-visual sector (MEDIA 2007) (2007-2013), approved by Decision 1718/2006/EC of the European Parliament and of the Council (26);

                           25.

                           projects in the field of higher education and youth which could be funded under the provisions of the Instrument for Pre-Accession Assistance (IPA) (2007-2013) established by Council Regulation (EC) No 1085/2006 (27);

                           26.

                           projects in the field of higher education which could be funded under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92 (28);

                           27.

                           projects in the field of higher education which could be funded under the provisions of the European neighbourhood and partnership instrument created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council (29);

                           28.

                           projects in the field of higher education which could be funded under the provisions of the instrument of financing for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council (30).

               3.

               the following point (d) shall be added to Article 4(2):

                           ‘(d)

                           the implementation, at Community level, of the network of information on education in Europe (Eurydice) for the collection, analysis and dissemination of information and the production of studies and publications.’;

               4.

               Article 6 shall be replaced by the following:
               ‘Article 6
               Subsidy
               Without prejudice to any other revenue, the Agency shall receive, for its operation, a subsidy entered in the General Budget of the European Communities and resources from the European Development Fund. This subsidy and these resources shall be taken from the funds allocated to the programmes referred to in Article 4(1) and, if necessary, from the funds allocated to other Community programmes the implementation of which has been entrusted to the Agency pursuant to Article 4(3)’.

         Article 2
   This Decision shall enter into force on 1 January 2007.

      Done at Brussels, 8 February 2007.

            For the Commission

         Ján FIGEĽ

            Member of the Commission

      (1)  OJ L 11, 16.1.2003, p. 1.

      (2)  OJ L 24, 27.1.2005, p. 35.

      (3)

               (1)*

                  OJ L 28, 3.2.2000, p. 1. Decision as last amended by Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).

      (4)

               (2)*

                  OJ L 146, 11.6.1999, p. 33. Decision as last amended by Regulation (EC) No 885/2004.

      (5)

               (3)*

                  OJ L 117, 18.5.2000, p. 1. Decision as last amended by Regulation (EC) No 885/2004.

      (6)

               (4)*

                  OJ L 63, 10.3.2000, p. 1. Decision as last amended by Regulation (EC) No 885/2004.

      (7)

               (5)*

                  OJ L 12, 18.1.2000, p. 1. Regulation as amended by Council Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

      (8)

               (6)*

                  OJ L 306, 7.12.2000, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005.

      (9)

               (7)*

                  OJ L 71, 13.3.2001, p. 7.

      (10)

               (8)*

                  OJ L 71, 13.3.2001, p. 15.

      (11)

               (9)*

                  OJ L 336, 30.12.2000, p. 82. Decision as last amended by Regulation (EC) No 885/2004.

      (12)

               (10)*

                  OJ L 26, 27.1.2001, p. 1. Decision as last amended by Regulation (EC) No 885/2004.

      (13)

               (11)*

                  OJ L 345, 31.12.2003, p. 9.

      (14)

               (12)*

                  OJ L 30, 4.2.2004, p. 6.

      (15)

               (13)*

                  OJ L 138, 30.4.2004, p. 24.

      (16)

               (14)*

                  OJ L 138, 30.4.2004, p. 31.

      (17)

               (15)*

                  OJ L 138, 30.4.2004, p. 40.

      (18)

               (16)*

               Fund created by the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States, signed in Cotonou (Benin) on 23 June 2000, and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (OJ L 317, 15.12.2000, p. 355).

      (19)

               (17)*

                  OJ L 345, 31.12.2003, p. 1.

      (20)

               (18)*

                  OJ L 346, 9.12.2006, p. 33.

      (21)

               (19)*

                  OJ L 397, 30.12.2006, p. 14.

      (22)

               (20)*

                  OJ L 327, 24.11.2006, p. 45.

      (23)

               (21)*

                  OJ L 372, 27.12.2006, p. 1.

      (24)

               (22)*

                  OJ L 378, 27.12.2006, p. 32.

      (25)

               (23)*

                  OJ L 327, 24.11.2006, p. 30.

      (26)

               (24)*

                  OJ L 327, 24.11.2006, p. 12.

      (27)

               (25)*

                  OJ L 210, 31.7.2006, p. 82.

      (28)

               (26)*

                  OJ L 52, 27.2.1992, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005.

      (29)

               (27)*

                  OJ L 310, 9.11.2006, p. 1.

      (30)

               (28)*

                  OJ L 378, 27.12.2006, p. 41.’;