Avis juridique important

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31988D0381

88/381/EEC: Council Decision of 24 June 1988 concerning a supplement, in respect of carbon tetrachloride, to Annex IV to the Convention for the Protection of the Rhine against Chemical Pollution

Official Journal L 183 , 14/07/1988 P. 0027 - 0029 Finnish special edition: Chapter 15 Volume 8 P. 0103  Swedish special edition: Chapter 15 Volume 8 P. 0103

*****COUNCIL  DECISION  of 24 June 1988  concerning a supplement, in respect of carbon tetrachloride, to Annex IV to the Convention for the Protection of the Rhine against Chemical Pollution  (88/381/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130 S, thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas, by Decision 77/586/EEC (3), the Community approved the Convention for the Protection of the Rhine against Chemical Pollution, hereinafter referred to as the 'Chemical Convention', and the Additional Agreement to the Agreement signed in Berne on 29 April 1963 concerning the International Commission for the Protection of the Rhine against Pollution, hereinafter referred to as the 'International Commission';  Whereas, under Article 5 of the Chemical Convention, the International Commission proposes limit values for the discharge of certain substances into the surface waters of the Rhine basin by way of amendments to Annex IV to the Chemical Convention; whereas, under Article 14 of the Chemical Convention, unanimous acceptance by the Contracting Parties is necessary for those amendments to enter into force;  Whereas the International Commission has established limit values for carbon tetrachloride in the form of a proposal designed to supplement Annex IV to the Chemical Convention;  Whereas Directive 86/280/EEC (4) lays down limit values for the discharge of carbon tetrachloride into the aquatic environment of the Community; whereas the limit values are identical to those set out in the proposal of the International Commission;  Whereas it is desirable that the Community, as a Contracting Party to the Chemical Convention, adopt the abovementioned proposal,  HAS DECIDED AS FOLLOWS:  Article 1  The proposal by the International Commission for the Protection of the Rhine against Pollution, intended to supplement, in respect of carbon tetrachloride, Annex IV to the Convention for the Protection of the Rhine against Chemical Pollution, is hereby adopted on behalf of the European Economic Community.  The text of the proposal is attached to this Decision.  Article 2  The President of the Council shall notify the Government of the Swiss Confederation, in accordance with the procedures laid down by the Chemical Convention, of the adoption of the proposal referred to in Article 1.  Done at Luxembourg, 24 June 1988.  For the Council  The President  M. BANGEMANN  (1) Opinion delivered on 15 June 1988 (not yet published in the Official Journal).  (2) OJ No C 356, 31. 12. 1987, p. 68.  (3) OJ No L 240, 19. 9. 1977, p. 35.  (4) OJ No L 181, 4. 7. 1986, p. 16.  Proposal by the International Commission for the Protection of the Rhine against Pollution intended to supplement Annex IV to the Convention for the Protection of the Rhine against Chemical Pollution, signed in Bonn on 3 December 1976  THE INTERNATIONAL COMMISSION FOR THE PROTECTION OF THE RHINE  AGAINST POLLUTION,  Having regard to the Convention for the Protection of the Rhine against Chemical Pollution, signed in Bonn on 3 December 1976,  Having regard in particular to Articles 3, 4, 5 and 14 thereof,  PROPOSES TO THE CONTRACTING PARTIES TO THE CONVENTION  that Annex IV to the Convention be supplemented as follows in respect of carbon tetrachloride:  1.2.3.4.5.6 //  //  //  //  //  //  // Substance or group of substances  // Origin  // Limit value in terms of the maximum concentration of a substance  // Limit value in terms of the maximum quantity of a substance  // Time limit for existing discharges  // Remarks  //  //  //  //  //  //  // 1  // 2  // 3  // 4  // 5  // 6  //  //  //  //  //  //  //  //  //  //  //  //  // Carbon tetrachloride   // 1. Production of carbon tetrachloride by perchlorination without washing   // 1,5 mg per litre of discharge   // 2,5 grams of carbon tetrachloride per tonne of total production capacity of carbon tetrachloride and perchloroethylene   // 1 January 1988   // (1), (2), (3), (4), (5)   //   //    //   //   //   //   //   // 2. Production of chloromethanes by chlorination of methane (including high pressure chlor-alkali electrolysis) and from methanol   // 1,5 mg per litre of discharge   // 10 grams of carbon tetrachloride per tonne of total production capacity of chloromethanes   // 1 January 1988   // (1), (2), (3), (4), (5)   //   //    //   //  //   //   //   // 3. Conversion into chlorofluorocarbons   //  //   //   // (6)   //    //   //   //   //   //  (1) The limit values given in the table refer to maximum values of the average monthly concentration (limit values expressed as a concentration) or to the monthly discharge (limit values expressed in weight).  The quantities of carbon tetrachloride discharged are expressed as a function of the characteristic element of the polluting activity, i. e. for the sector producing carbon tetrachloride by perchlorination, the total production capacity of carbon tetrachloride and perchloroethylene of the industrial establishment; for the sector producing chloromethanes by methane chlorination or from methanol, the total production capacity of chloromethanes of the industrial establishment.  (2) Whatever the case, the limit values expressed in terms of maximum concentration may not be higher than those expressed in terms of maximum quantity divided by water requirements in respect of the characteristic elements of the polluting activity.  However, since the concentration of carbon tetrachloride in the effluent depends on the volume of water involved, which varies according to the different processes and establishments, there must always be compliance with limit values expressed in terms of the quantity of carbon tetrachloride in respect of the characteristic element of the polluting activity.  (3) The limit values set out in the table above refer to the carbon tetrachloride content in a sample of all discharges from the site of the industrial installation.  Where the waste water containing carbon tetrachloride is treated outside the industrial establishment in a treatment plant designed to eliminate it, governments may allow limit values to apply at the point where the waste water leaves the treatment plant.  In view of the volatility of carbon tetrachloride and to prevent the pollution from being transferred to other mediums (air, soil), where a process-requiring agitation in the open air of effluent containing carbon tetrachloride is used, governments will require compliance with limit values upstream of the corresponding installations. They must ensure that all waters likely to be polluted are taken fully into account.  (4) The average daily limit values are double the corresponding average monthly limit values shown in the table.  (5) For measuring, analysis and sampling methods, see the recommendations of the International Commission of 3 June 1986.  (6) It is not possible at this time to adopt limit values for this sector. The International Committee will propose such values to the Contracting Parties to the Convention at a later date. If necessary the limit values for other industrial sectors, such as establishments using carbon tetrachloride as a solvent, will be proposed by the International Commission at a later stage. In the meantime, the governments will fix emission standards for carbon tetrachloride autonomously in accordance with Articles 3 and 4 of the Convention.  These standards must take account of the best technical means available and must not be less stringent than the nearest comparable limit value in Annex IV.  The provisions of this paragraph also apply where an industrial establishment engages in activities other than those for which the limit values are laid down in the above table which are likely to produce discharges of carbon tetrachloride.  Pursuant to Articles 14 and 19 of the Convention, these provisions will enter into force after their unanimous adoption by the Contracting Parties to the Convention.  The Contracting Parties will notify their adoption to the Government of the Swiss Confederation, which will acknowledge receipt of notification.


title: 2013/521/EU: Council Decision of 7 October 2013 on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union

text:
               24.10.2013

               EN

               Official Journal of the European Union

               L 282/1

         COUNCIL DECISION
   of 7 October 2013
   on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union
   (2013/521/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(a), in conjunction with Article 218(6)(a), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2012/649/EU of 15 October 2012 (1), the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (hereinafter ‘the Agreement’) was signed on 26 October 2012, subject to its conclusion at a later date.

               (2)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (2); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (3)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (3); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (4)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (5)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (hereinafter ‘the Agreement’) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 12(1) of the Agreement (4).
   Article 3
   The Commission, assisted by experts from Member States, shall represent the Union in the Joint Committee established under Article 10 of the Agreement.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 7 October 2013.

            For the Council

            The President

         J. BERNATONIS

      (1)  OJ L 288, 19.10.2012, p. 1.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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31987D0373

87/373/EEC: Council Decision of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission

Official Journal L 197 , 18/07/1987 P. 0033 - 0035 Finnish special edition: Chapter 1 Volume 2 P. 0072  Swedish special edition: Chapter 1 Volume 2 P. 0072

*****COUNCIL  DECISION  of 13 July 1987  laying down the procedures for the exercise of implementing powers conferred on the Commission  (87/373/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 145 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas, in the acts which it adopts, the Council confers on the Commission powers for the implementation of the rules which the Council lays down; whereas the Council may impose certain requirements in respect of the exercise of these powers; whereas it may also reserve the right, in specific cases, to exercise directly implementing powers itself;  Whereas, in order to improve the efficiency of the Community's decision-making process, the types of procedure to which it may henceforth have recourse should be limited; whereas certain rules governing any new provision introducing procedures for the exercise of implementing powers conferred by the Council on the Commission should therefore be laid down;  Whereas this Decision must not affect procedures for implementing Commission powers contained in acts which predate its entry into force; whereas it must be possible, when amending or extending such acts, to adapt the procedures to conform with those set out in this Decision or to retain the existing procedures,  HAS DECIDED AS FOLLOWS:  Article 1  Other than in specific cases where it reserves the right to exercise directly implementing powers itself, the Council shall, in the acts which it adopts, confer on the Commission powers for the implementation of the rules which it lays down. The Council shall specify the essential elements of these powers.  The Council may impose requirements in respect of the exercise of these powers, which must be in conformity with the procedures set out in Articles 2 and 3.  Article 2  PROCEDURE I  The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.  The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.  The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.  PROCEDURE II  The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.  The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event:  Variant (a)  The Commission may defer application of the measures which it has decided for a period of not more than one month from the date of such communication;  The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.  Variant (b)  The Commission shall defer application of the measures which it has decided for a period to be laid down in each act adopted by the Council, but which may in no case exceed three months from the date of communication.  The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.  PROCEDURE III  The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.  The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.  If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.  Variant (a)  If, on the expiry of a period to be laid down in each act to be adopted by the Council under this paragraph but which may in no case exceed three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.  Variant (b)  If, on the expiry of a period to be laid down in each act to be adopted by the Council under this paragraph but which may in no case exceed three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission, save where the Council has decided against the said measures by a simple majority.  Article 3  The following procedure may be applied where the Council confers on the Commission the power to decide on safeguard measures:  - the Commission shall notify the Council and the Member States of any decision regarding safeguard measures.  It may be stipulated that before adopting this decision the Commission shall consult the Member States in accordance with procedures to be determined in each case,  - any Member State may refer the Commission's decision to the Council within a time limit to be determined in the act in question.  Variant (a)  The Council, acting by a qualified majority, may take a different decision within a time limit to be determined in the act in question.  Variant (b)  The Council, acting by a qualified majority, may confirm, amend or revoke the decision adopted by the Commission. If the Council has not taken a decision within a time limit to be determined in the act in question, the decision of the Commission is deemed to be revoked. Article 4  This Decision shall not affect the procedures for the exercise of the powers conferred on the Commission in acts which predate its entry into force.  Where such acts are amended or extended the Council may adapt the procedures laid down by these acts to conform with those set out in Articles 2 and 3 or retain the existing procedures.  Article 5  The Council shall review the procedures provided for in this Decision on the basis of a report submitted by the Commission before 31 December 1990.  Done at Brussels, 13 July 1987.  For the Council  The President  P. SIMONSEN  (1) OJ No C 70, 25. 3. 1986, p. 6.  (2) OJ No C 297, 24. 11. 1986, p. 94.


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31990D0160

90/160/EEC: Council Decision of 22 March 1990 concerning the conclusion of the Agreement between the Federal Republic of Germany and the European Economic Community, on the one hand, and the Republic of Austria, on the other, on cooperation on management of water resources in the Danube Basin

Official Journal L 090 , 05/04/1990 P. 0018 - 0019 Finnish special edition: Chapter 15 Volume 9 P. 0187  Swedish special edition: Chapter 15 Volume 9 P. 0187

*****COUNCIL  DECISION  of 22 March 1990  concerning the conclusion of the Agreement between the Federal Republic of Germany and the European Economic Community, on the one hand, and the Republic of Austria, on the other, on cooperation on management of water resources in the Danube Basin  (90/160/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Having regard to the Resolution of the Council of the European Communities and of the representatives of the Governments of the Member States, meeting within the Council, of 19 October 1987 on the continuation and implementation of a European Community policy and action programme on the environment (1987/1992) (4) and the fourth action programme of the European Communities on the environment, annexed to the said Resolution, hereinafter called 'fourth action programme';  Whereas the fourth action programme, in continuation of the earlier Action Programmes, lists amongst its main areas of activity, monitoring and control with a view to improving water quality and reducing pollution;  Whereas the fourth action programme calls for active participation by the Community and its Member States in international action for the protection of the environment, and attaches, in this framework particular importance to bilateral liaisons with third countries;  Whereas the Agreement between the Federal Republic of Germany and the European Economic Community, on the one hand, and the Republic of Austria, on the other, on cooperation on the management of water resources in the Danube Basin, signed in Regensburg on 1 December 1987, provides in particular for the establishment of a Standing Committee on Management of Water Resources, which will formulate recommendations to the Contracting Parties on measures to be taken in order, inter alia, to improve the quality of the water resources in the Danube Basin, as far as covered by this Agreement;  Whereas fifteen Directives listed in the Annex to the Final Protocol to the Agreement in question apply to the Danube Basin;  Whereas it appears necessary for the Community to approve the Agreement in order to attain one of the objectives of the Community as regards the preservation, protection and improvement of the quality of the environment, as provided for in the Single European Act;  Whereas the said Agreement was signed on behalf of the Community on 1 December 1987,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement between the Federal Republic of Germany and the European Economic Community, on the one hand, and the Republic of Austria, on the other, on cooperation on management of water resources in the Danube Basin is hereby approved on behalf of the European Economic Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council of the European Communities shall, on behalf of the European Economic Community, deposit the instrument of approval provided for in Article 12 of the Agreement. Since both the European Economic Community and the Federal Republic of Germany are parties to this Agreement, their respective authorities will coordinate their schedules so that the instruments of approval of both parties are deposited simultaneously.  Done at Brussels, 22 March 1990.  For the Council  The President  P. FLYNN  (1) OJ No C 98, 19. 4. 1989, p. 10.  (2) OJ No C 256, 9. 10. 1989, p. 152.  (3) OJ No C 298, 27. 11. 1989, p. 1.  (4) OJ No C 328, 7. 12. 1987, p. 1.


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32001D0266

2001/266/EC: Council Decision of 19 March 2001 concerning the conclusion of the Agreement between the European Community and the Republic of Hungary establishing certain conditions for the carriage of goods by road and the promotion of combined transport (Text with EEA relevance)

Official Journal L 108 , 18/04/2001 P. 0027 - 0027

Council Decisionof 19 March 2001concerning the conclusion of the Agreement between the European Community and the Republic of Hungary establishing certain conditions for the carriage of goods by road and the promotion of combined transport(Text with EEA relevance)(2001/266/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 71 and 93 in conjunction with the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The conclusion of the Agreement between the European Community and the Republic of Hungary establishing certain conditions for the carriage of goods by road and the promotion of combined transport (hereinafter referred to as "the Agreement") provides an appropriate means for the further development of transport relations between the Contracting Parties.(2) The conclusion of the Agreement contributes to the smooth functioning of the internal market because it will promote transit traffic through the Republic of Hungary for internal transport between Greece and the other Member States and thus enable intra-Community trade to be conducted at the least possible cost to the public at large and to reduce to a minimum the administrative and technical obstacles which affect it.(3) The conclusion of the Agreement promotes combined transport, with a view to protecting the environment.(4) The Agreement should be approved on behalf of the Community,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Republic of Hungary establishing certain conditions for the carriage of goods by road and the promotion of combined transport is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council shall give the notification provided for in Article 19 of the Agreement(3).Article 3The Commission, assisted by representatives of the members of the Council, shall represent the Community in the Community/Hungary Transport Committee (hereinafter referred to as "the Committee") set up by Article 13 of the Agreement.The position to be taken by the Community within the Committee shall be adopted by the Council acting by a qualified majority on a proposal from the Commission. The Council shall act by simple majority when the decision which the Committee proposes to take relates to the Committee's rules of procedure.Decisions taken by the Committee shall be published in the Official Journal of the European Communities.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 19 March 2001.For the CouncilThe PresidentM. Winberg(1) OJ 89 E, 28.3.2000, p. 36.(2) Opinion delivered on 25.10.2000 (not yet published in the Official Journal).(3) 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.


title: 2014/626/EU: Decision of the European Parliament of 3 April 2014 on the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/329

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2012
   (2014/626/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the ENIAC Joint Undertaking for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the ENIAC Joint Undertaking for the financial year 2012, together with the Joint Undertaking’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05851/2014 – C7-0053/2014),

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (4), and in particular Article 11(4) 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 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0204/2014),

               1.

               Approves the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2012;

               2.

               Instructs its President to forward this Decision to the Executive Director of the ENIAC Joint Undertaking, 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 369, 17.12.2013, p. 18.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 30, 4.2.2008, p. 21.

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

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


title: 2011/575/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/149

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2009
   (2011/575/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Centre for Disease Prevention and Control for the financial year 2009, together with the Centre’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

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

               —

               having regard to Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (3), and in particular Article 23 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 (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0107/2011),

               1.

               Approves the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Director of the European Centre for Disease Prevention and Control, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 124.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 142, 30.4.2004, p. 1.

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


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32004D0213

2004/213/EC: Commission Decision of 3 February 2004 on the implementation of the Preparatory Action on the Enhancement of the European industrial potential in the field of security research

Official Journal L 067 , 05/03/2004 P. 0018 - 0022

Commission Decisionof 3 February 2004on the implementation of the Preparatory Action on the Enhancement of the European industrial potential in the field of security research(2004/213/EC)THE COMMISSION OF THE EUROPEAN COMMUNITY,Having regard to the Treaty establishing the European Community,Having regard to Commission Decision 2003/113 final of 11 March 2003 adopting a Communication "European Defence - Industrial and Market Issues - Towards an EU Defence Equipment Policy"(1), and in particular Item 5,Having regard to Article 157, point 1, fourth indent of the Treaty (fostering better exploitation of the industrial potential of policies of innovation, research and technological development),HAS ADOPTED THIS DECISION:Article 1The Commission is launching a Preparatory Action on the Enhancement of the European industrial potential in the field of security research (2004-2006) as referred to in the Commission Communication on "Implementation of the Preparatory Action on the Enhancement of the European industrial potential in the field of security research: Towards a programme to advance European security through Research and Technology".The Activities and Programme of Work for the Preparatory Action are part of the Communication (Section II) and form the basis for subsequent calls for proposals and calls for tenders.Article 2Details for the Implementation of this Preparatory Action are set out in the Annex.The budget line for this activity is 08 14 01.Done at Brussels, 3 February 2004.For the CommissionPhilippe BusquinMember of the Commission(1) Not published in the Official Journal.ANNEXIMPLEMENTATION OF THE PREPARATORY ACTION(1)1. Activities and financial supportThe activities undertaken in the scope of the Preparatory Action on "The enhancement of the European industrial potential in the field of security research" will be projects and supporting activities. The projects will normally have duration between one and two years and the supporting activities will have duration between six months and three years.Projects will be invited by calls for proposals. The financial contributions to projects shall be covered by a written agreement (called grant contract). Supporting activities can also be selected from calls for proposals, leading to grant contracts or calls for tenders, resulting in service contracts.Calls for proposals and calls for tenders will be published in the Official Journal of the Community.For calls for proposals, the evaluation and negotiation procedures and the principles for IPR and grants contracts are described in sections 3, 4, 5, 6 and 7 below. For the call for tenders standard procedures and contracts will be used.The Commission may appoint independent experts to assist in the development of the European Security Research Programme; proposal evaluation; and monitoring of activities including the overall outcome of the Preparatory Action. Experts shall be appointed by a decision of the Commission authorising officer based on a call for applications.2. Participation2.1. General principlesLegal entities established in the Member States(2) will be eligible to participate and receive a Community financial contribution. The participants will be public authorities, industrial organisations: public and private (including SMEs), higher education institutions and research organisations.In exceptional cases and over and above the minimum number of participants, legal entities established in a third country or international organisations may participate. In such cases, a Community financial contribution may be exceptionally provided. Involvement from third countries will be subject to arrangements of a reciprocal nature with that country.Appropriate measures will be taken to ensure that classified information is treated in accordance with the Commission provisions on security(3). In addition, participants in a consortium shall ensure that the treatment of classified information complies with the security regulations applicable.2.2. Minimum number of participantsProjects shall be carried out by a consortium composed of at least two independent legal entities from different Member States(4). It should be noted that collaborative working between different Member States entities, including public security organisations, is strongly encouraged and represents one key objective of this Preparatory Action.Supporting activities may be carried out by a single participant or by a consortium.Consortiums will be represented by a coordinator who will ensure coordination tasks and administer the Community contribution regarding its allocation between the participants.2.3. Technical competence and resourcesParticipants shall have the knowledge and technical competence needed to carry out the activity. As work progresses, participants shall have the resources as and when needed to carry out the activity. The resources needed to carry out the activity are understood to be human resources, infrastructure, financial resources and, if necessary, intangible property and other resources made available by a third party on the basis of a prior commitment.3. Evaluation of project proposals3.1. Evaluation and selection procedureThe proposals for projects submitted in response to a call for proposals will be evaluated according to the procedure described below. Classified documentation will be treated in accordance to the applicable rules on classified documents.3.2. Eligibility checkThe Commission services will verify that proposals meet the following eligibility criteria:- receipt of proposal by the Commission on or before the deadline date and time established in the call;- minimum number of participants, as referred to in the call for proposals;- completeness of the proposal, i.e. presence of all requested administrative forms and the proposal description.Only proposals that fulfil the eligibility criteria will be retained for evaluation.3.3. Evaluation criteriaEach proposal will be assessed on the basis of the following criteria:- relevance of the proposal to the Programme of Work of the Preparatory Action;- reinforcement of the competitiveness for European industry and potential for exploitation;- scientific and/or technological excellence and contribution to tangible and demonstrable improvements in security;- building of effective partnerships between (public) users, industry and research;- ability of the consortium to carry out the project successfully and to ensure its efficient management, including the ability to protect classified information if necessary, and clear plans for the management of intellectual property.3.4. Scoring, thresholds and weighting of evaluation criteriaEach evaluation criterion will be marked on a six-point scale from 0 to 5 indicating the following:0 - the proposal fails to address the issue under examination or can not be judged against the criterion due to missing or incomplete information.1 - poor; 2 - fair; 3 - good; 4 - very good; 5 - excellent.A minimum threshold of 3 will be set for all the criteria. Any proposal, which fails to achieve one of the threshold scores, will be rejected. A total score will be calculated for all the proposals, which pass all thresholds with all criteria weighted equally. A minimum threshold of 18/25 will be set for the total score.3.5. Description of proposals evaluationEach proposal will be evaluated by at least three evaluators (either Commission staff, or external experts, or both) working independently and without any conflict of interest. They will give marks and comments for each criterion.Once all the evaluators to whom a proposal has been assigned have completed their individual assessment, a consensus discussion may be convened to discuss the marks awarded and agree on a consensus mark for each criterion.A panel of evaluators will carry out a final examination, consolidate the scores and agree on the consensus reports. The outcome of the panel meeting is a report containing for each proposal the scores and underpinning comments for each criterion, and a list of proposals passing thresholds, if any, along with a final mark for each proposal passing the thresholds and the panel recommendations for priority order.3.6. Feed back to proposersThe coordinator of each proposal will receive the evaluation report. For those proposals rejected after failing an evaluation threshold, the comments may only be complete for those criteria examined up to the point when the threshold was failed.4. Finalisation of the evaluation4.1. Commission ranked listThe Commission services will draw up a list of all the proposals evaluated which pass the required thresholds ranked in priority order based on the final score. If two proposals have the same final score, the Commission services will take into account the Preparatory Action objectives, the compatibility of the proposals with stated Community objectives and the available budget.4.2. Commission reserve listThe list of proposals to be retained for negotiation takes into account the budget available (which is set out in the call for proposals). If necessary, a number of proposals are kept in reserve to allow for the failure of negotiations, withdrawal of proposals and/or savings to be made during contract negotiation.The coordinators of any proposals held in reserve receive confirmation that negotiations with a view to preparing a contract may be offered, but only if funding becomes available.When the budget for the call has been used up, any proposal remaining from the "reserve" which could not be funded will be rejected and the coordinators informed.4.3. Rejection decisionThe proposals found to be ineligible, out of scope, failing any of the individual thresholds for evaluation criteria and those which, because they fall below a certain ranking cannot be funded for budgetary reasons will be rejected by a decision of the Commission authorising officer.5. Negotiation and selection procedureImmediately following the preparation of the final ranked list by the Commission services, the coordinators of proposals not to be rejected and for which funding is available will be invited to begin negotiations.Negotiation may cover any scientific, legal or financial aspects of the proposal, based on any issue raised during the evaluation or any other issue that was taken into consideration at the ranking stage.Future contractors must be in compliance with the Financial Regulations(5). In addition, any potential contractor subject to a conflict of interest or having been found guilty of misrepresentation in supplying the information required as a condition for participation in the contract or failing to supply such information shall be excluded from participation in any future grant contract(6).If it proves impossible to reach agreement with proposers within a reasonable deadline the Commission services may impose, negotiations on contract preparation may be terminated and the proposal rejected. The Commission services will negotiate proposals selected respecting the ranking decided for selection, up till the amount available in the financial decision.If negotiations are successful, contracts for grants will be awarded.6. Reports and auditThe projects and supporting activities will regularly report to the Commission on in order to allow proper monitoring. In performing monitoring of activities, the Commission may be assisted by independent experts (appropriately cleared if necessary). The Commission, or any representative authorised by it, shall have the right to carry out scientific, technological and financial audits on the participants, in order to ensure that the activities are being or have been performed under the conditions claimed and in accordance with the terms of the contract.7. Contract and intellectual property rights7.1. General principlesThe grant contract for projects and supporting activities will be based on the 6th Framework programme model contract. The grant contract will be signed by the authorising officer of the Commission and all the participants of the consortium.Special clauses may be added concerning ownership of knowledge, protection of knowledge, use and confidentiality, and access rights in order to test the specificities that may arise in the activities in this Preparatory Action.7.2. Community financial contributionThe Community financial contribution shall take the form of a grant to the budget, calculated as a percentage of the budget established by the participants to carry out the project or supporting activity. The expenses needed to implement the project or the supporting activity shall be certified by an external auditor or, in the case of public bodies, a competent public officer.Eligible expenses must meet the following conditions:1. They must be actual, economic and necessary for the implementation of the project or supporting activity;2. They must be determined in accordance with the usual accounting principles of the individual participant;3. They must be recorded in the accounts of the participants or, in the case of the resources of third parties in the corresponding financial documents of those third parties;4. They shall be exclusive of indirect taxes, duties and interest and may not give rise to profit.7.3. Financial schemesFor projects, two financial schemes are distinguished following the research categories as set out in of the Community framework for State-aid for research and development(7):1. Industrial Research2. Pre-competitive Development Activities.A third scheme is added for completeness:3. Management of the activitiesThe following table indicates the maximum rates of Community financial contribution for the projects in function of the schemes.>TABLE>Where Community funding is combined with national funding in the form of State aid, total official support, according to the Community framework for State aid for research and development, may not exceed 75 % in the case of industrial research and 50 % in the case of pre-competitive development activities.The grants allocated for supporting activities are not subject to State-aid rules and shall reimburse up to 75 % of the eligible costs, which may include up to 10 % of the total contribution for management activities.7.4. Intellectual property rightsThe knowledge shall be the property of the contractors who generate it. Any transfer of knowledge created under a grant contract, or any granting of access rights to such knowledge to another organization outside the consortium need the approval of the Commission, the Member States in which the participants reside and the other contractors.The Commission and Member States may refuse approval for reasons of major European or national interest or by applying their laws. Other participants may refuse approval if they can demonstrate that their commercial or industrial interests may be significantly impaired or that any legal obligations would be violated.(1) At the time of the publication of the calls for proposals, the Commission will issue a detailed vade-mecum for proposers.(2) Member States means all States of EU-25 including Accession Countries.(3) OJ L 317, 3.12.2001.(4) If the composition of project partners in an EEIG is comparable with these conditions, the EEIG shall also be eligible.(5) Financial Regulation Articles 114 and 93.(6) Financial Regulation Articles 114 and 94.(7) OJ C 45, 17.2.1996, p. 5.


title: 2011/186/Euratom: Council Decision of 14 June 2010 approving the conclusion, by the European Commission on behalf of the European Atomic Energy Community, of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, and the Exchange of Letters amending the Interim Agreement as regards the authentic language versions

text:
               26.3.2011

               EN

               Official Journal of the European Union

               L 80/1

         COUNCIL DECISION
   of 14 June 2010
   approving the conclusion, by the European Commission on behalf of the European Atomic Energy Community, of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, and the Exchange of Letters amending the Interim Agreement as regards the authentic language versions
   (2011/186/Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the recommendation from the Commission,
   Whereas:

               (1)

               Pending the entry into force of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part, signed in Brussels on 25 May 1998, it is necessary to approve the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, signed in Brussels on 10 November 1999 (‘Interim Agreement’) (1).

               (2)

               Article 31 of the Interim Agreement should be amended in order to take into account the new official languages of the Union since the signature of the Interim Agreement, by the Exchange of Letters between the European Community and Turkmenistan amending the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, as regards the authentic language versions (‘Exchange of Letters’) (2).

               (3)

               The conclusion, by the European Commission on behalf of the European Atomic Energy Community, of the Interim Agreement, its Annexes, the Protocol and the declarations, and the Exchange of Letters, should be approved,

         HAS ADOPTED THIS DECISION:
   Sole Article
   The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan of the other part, together with its Annexes, the Protocol and the declarations, and the Exchange of Letters between the European Community and Turkmenistan amending the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, as regards the authentic language versions, is hereby approved.

      Done at Luxembourg, 14 June 2010.

            For the Council

            The President

         C. ASHTON

      (1)  See page 21 of this Official Journal.

      (2)  See page 40 of this Official Journal.


title: 2012/472/EU: Council Decision of 26 April 2012 on the conclusion of the Agreement between the United States of America and the European Union on the use and transfer of passenger name records to the United States Department of Homeland Security

text:
               11.8.2012

               EN

               Official Journal of the European Union

               L 215/4

         COUNCIL DECISION
   of 26 April 2012
   on the conclusion of the Agreement between the United States of America and the European Union on the use and transfer of passenger name records to the United States Department of Homeland Security
   (2012/472/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(1)(d) and Article 87(2)(a), in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               On 2 December 2010, the Council adopted a decision, together with negotiation directives, authorising the Commission to open negotiations between the Union and the United States of America on the transfer and use of passenger name records (PNR) to prevent and combat terrorism and other serious transnational crime.

               (2)

               In accordance with Council Decision 2012/471/EU (2), the Agreement between the United States of America and the European Union on the use and transfer of passenger name records to the United States Department of Homeland Security (‘the Agreement’) was signed on 14 December 2011, subject to its conclusion.

               (3)

               The Agreement respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably the right to private and family life, recognised in Article 7 thereof, the right to the protection of personal data, recognised in Article 8 thereof and the right to effective remedy and fair trial recognised in Article 47 thereof. This Agreement should be applied in accordance with those rights and principles.

               (4)

               In accordance with Article 3 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

               (5)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by the Agreement or subject to its application.

               (7)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the United States of America and the European Union on the use and transfer of passenger name records to the United States Department of Homeland Security is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to the exchange of the notifications provided for in Article 27 of the Agreement, in order to express the consent of the Union to be bound by the Agreement.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 26 April 2012.

            For the Council

            The President

         M. BØDSKOV

      (1)  Consent of 19 April 2012 (not yet published in the Official Journal).

      (2)  See page 1 of this Official Journal.
    ---documentbreak---

               11.8.2012

               EN

               Official Journal of the European Union

               L 215/5

         AGREEMENT
   between the United States of America and the European Union on the use and transfer of passenger name records to the United States Department of Homeland Security
   THE UNITED STATES OF AMERICA,
   hereinafter referred to also as ‘the United States’, and
   THE EUROPEAN UNION,
   hereinafter referred to also as ‘the EU’,
   together hereinafter referred to as ‘the Parties’,
   DESIRING to prevent and combat terrorism and serious transnational crime effectively as a means of protecting their respective democratic societies and common values;
   SEEKING to enhance and encourage cooperation between the Parties in the spirit of transatlantic partnership;
   RECOGNISING the right and responsibility of States to ensure the security of their citizens and protect their borders and mindful of the responsibility of all nations to protect the life and safety of the public including those using international transportation systems;
   CONVINCED that information sharing is an essential component in the fight against terrorism and serious transnational crime and that in this context, the processing and use of passenger name records (PNR) is a necessary tool that gives information that cannot be obtained by other means;
   DETERMINED to prevent and combat terrorist offences and transnational crime, while respecting fundamental rights and freedoms and recognising the importance of privacy and the protection of personal data and information;
   HAVING REGARD for international instruments, US statutes and regulations requiring each air carrier operating passenger flights in foreign air transportation to or from the United States to make PNR available to the Department of Homeland Security (DHS) to the extent they are collected and contained in the air carrier’s automated reservation/departure control systems, and comparable requirements that are or may be implemented in the EU;
   NOTING that DHS processes and uses PNR for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and transnational crime in compliance with safeguards on privacy and the protection of personal data and information, as set out in this Agreement;
   STRESSING the importance of sharing PNR and relevant and appropriate analytical information obtained from PNR by the United States with competent police and judicial authorities of Member States of the European Union, hereinafter ‘EU Member States’, and Europol or Eurojust as a means to foster international police and judicial cooperation;
   ACKNOWLEDGING both Parties’ longstanding traditions of respect for individual privacy, as reflected in their laws and founding documents;
   MINDFUL of the EU’s commitments pursuant to Article 6 of the Treaty on European Union on respect for fundamental rights, the right to privacy with regard to the processing of personal data as stipulated in Article 16 of the Treaty on the Functioning of the European Union, the principles of proportionality and necessity concerning the right to private and family life, the respect for privacy, and the protection of personal data under Article 8 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, Council of Europe Convention No 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data and its additional Protocol 181, and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union;
   MINDFUL that DHS currently employs robust processes to protect personal privacy and ensure data integrity, including physical security, access controls, data separation and encryption, audit capabilities and effective accountability measures;
   RECOGNISING the importance of ensuring data quality, accuracy, integrity, and security, and instituting appropriate accountability to ensure these principles are observed;
   NOTING in particular the principle of transparency and the various means by which the United States ensures that passengers whose PNR is collected by DHS are made aware of the need for and use of their PNR;
   FURTHER RECOGNISING that the collection and analysis of PNR is necessary for DHS to carry out its border security mission, while ensuring that collection and use of PNR remains relevant and necessary for the purposes for which it is collected;
   RECOGNISING that, in consideration of this Agreement and its implementation, DHS shall be deemed to ensure an adequate level of data protection for the processing and use of PNR transferred to DHS;
   MINDFUL that the United States and the European Union are committed to ensuring a high level of protection of personal information while fighting crime and terrorism, and are determined to reach, without delay, an agreement to protect personal information exchanged in the context of fighting crime and terrorism in a comprehensive manner that will advance our mutual goals;
   ACKNOWLEDGING the successful Joint Reviews in 2005 and 2010 of the 2004 and 2007 Agreements between the Parties on the transfer of PNR;
   NOTING the interest of the Parties, as well as EU Member States, in exchanging information regarding the method of transmission of PNR as well as the onward transfer of PNR as set forth in the relevant articles of this Agreement, and further noting the EU’s interest in having this addressed in the context of the consultation and review mechanism set forth in this Agreement;
   AFFIRMING that this Agreement does not constitute a precedent for any future arrangements between the Parties, or between either of the Parties and any other party, regarding the processing, use, or transfer of PNR or any other form of data, or regarding data protection;
   RECOGNISING the related principles of proportionality as well as relevance and necessity that guide this Agreement and its implementation by the European Union and the United States; and
   HAVING REGARD to the possibility of the Parties to further discuss the transfer of PNR data in the maritime mode;
   HEREBY AGREE:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Purpose
   1.   The purpose of this Agreement is to ensure security and to protect the life and safety of the public.
   2.   For this purpose, this Agreement sets forth the responsibilities of the Parties with respect to the conditions under which PNR may be transferred, processed and used, and protected.
   Article 2
   Scope
   1.   PNR, as set forth in the Guidelines of the International Civil Aviation Organisation, shall mean the record created by air carriers or their authorised agents for each journey booked by or on behalf of any passenger and contained in carriers’ reservation systems, departure control systems, or equivalent systems providing similar functionality (collectively referred to in this Agreement as ‘reservation systems’). Specifically, as used in this Agreement, PNR consists of the data types set forth in the Annex to this Agreement (‘Annex’).
   2.   This Agreement shall apply to carriers operating passenger flights between the European Union and the United States.
   3.   This Agreement shall also apply to carriers incorporated or storing data in the European Union and operating passenger flights to or from the United States.
   Article 3
   Provision of PNR
   The Parties agree that carriers shall provide PNR contained in their reservation systems to DHS as required by and in accordance with DHS standards and consistent with this Agreement. Should PNR transferred by carriers include data beyond those listed in the Annex, DHS shall delete such data upon receipt.
   Article 4
   Use of PNR
   1.   The United States collects, uses and processes PNR for the purposes of preventing, detecting, investigating, and prosecuting:

               (a)

               Terrorist offences and related crimes, including:

                           (i)

                           Conduct that —

                                       1.

                                       involves a violent act or an act dangerous to human life, property, or infrastructure; and

                                       2.

                                       appears to be intended to —

                                                   a.

                                                   intimidate or coerce a civilian population;

                                                   b.

                                                   influence the policy of a government by intimidation or coercion; or

                                                   c.

                                                   affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking;

                           (ii)

                           Activities constituting an offence within the scope of and as defined in applicable international conventions and protocols relating to terrorism;

                           (iii)

                           Providing or collecting funds, by any means, directly or indirectly, with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out any of the acts described in subparagraphs (i) or (ii);

                           (iv)

                           Attempting to commit any of the acts described in subparagraphs (i), (ii), or (iii);

                           (v)

                           Participating as an accomplice in the commission of any of the acts described in subparagraphs (i), (ii), or (iii);

                           (vi)

                           Organising or directing others to commit any of the acts described in subparagraphs (i), (ii), or (iii);

                           (vii)

                           Contributing in any other way to the commission of any of the acts described in subparagraphs (i), (ii), or (iii);

                           (viii)

                           Threatening to commit an act described in subparagraph (i) under circumstances which indicate that the threat is credible;

               (b)

               Other crimes that are punishable by a sentence of imprisonment of three years or more and that are transnational in nature.
               A crime is considered as transnational in nature in particular if:

                           (i)

                           it is committed in more than one country;

                           (ii)

                           it is committed in one country but a substantial part of its preparation, planning, direction or control takes place in another country;

                           (iii)

                           it is committed in one country but involves an organised criminal group that engages in criminal activities in more than one country;

                           (iv)

                           it is committed in one country but has substantial effects in another country; or

                           (v)

                           it is committed in one country and the offender is in or intends to travel to another country.

         2.   PNR may be used and processed on a case-by-case basis where necessary in view of a serious threat and for the protection of vital interests of any individual or if ordered by a court.
   3.   PNR may be used and processed by DHS to identify persons who would be subject to closer questioning or examination upon arrival to or departure from the United States or who may require further examination.
   4.   Paragraphs 1, 2, and 3 shall be without prejudice to domestic law enforcement, judicial powers, or proceedings, where other violations of law or indications thereof are detected in the course of the use and processing of PNR.
   CHAPTER II

      SAFEGUARDS APPLICABLE TO THE USE OF PNR

   Article 5
   Data security
   1.   DHS shall ensure that appropriate technical measures and organisational arrangements are implemented to protect personal data and personal information contained in PNR against accidental, unlawful or unauthorised destruction, loss, disclosure, alteration, access, processing or use.
   2.   DHS shall make appropriate use of technology to ensure data protection, security, confidentiality and integrity. In particular, DHS shall ensure that:

               (a)

               encryption, authorisation and documentation procedures recognised by competent authorities are applied. In particular, access to PNR shall be secured and limited to specifically authorised officials;

               (b)

               PNR shall be held in a secure physical environment and protected with physical intrusion controls; and

               (c)

               a mechanism exists to ensure that PNR queries are conducted consistent with Article 4.

         3.   In the event of a privacy incident (including unauthorised access or disclosure), DHS shall take reasonable measures to notify affected individuals as appropriate, to mitigate the risk of harm of unauthorised disclosures of personal data and information, and to institute remedial measures as may be technically practicable.
   4.   Within the scope of this Agreement, DHS shall inform without undue delay the relevant European authorities about cases of significant privacy incidents involving PNR of EU citizens or residents resulting from accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, or any unlawful forms of processing or use.
   5.   The United States confirms that effective administrative, civil, and criminal enforcement measures are available under US law for privacy incidents. DHS may take disciplinary action against persons responsible for any such privacy incident, as appropriate, to include denial of system access, formal reprimands, suspension, demotion, or removal from duty.
   6.   All access to PNR, as well as its processing and use, shall be logged or documented by DHS. Logs or documentation shall be used only for oversight, auditing, and system maintenance purposes or as otherwise required by law.
   Article 6
   Sensitive data
   1.   To the extent that PNR of a passenger as collected includes sensitive data (i.e. personal data and information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or data concerning the health or sex life of the individual), DHS shall employ automated systems to filter and mask out sensitive data from PNR. In addition, DHS shall not further process or use such data, except in accordance with paragraphs 3 and 4.
   2.   DHS shall provide to the European Commission within 90 days of the entry into force of this Agreement a list of codes and terms identifying sensitive data that shall be filtered out.
   3.   Access to, as well as processing and use of, sensitive data shall be permitted in exceptional circumstances where the life of an individual could be imperilled or seriously impaired. Such data may be exclusively accessed using restrictive processes on a case-by-case basis with the approval of a DHS senior manager.
   4.   Sensitive data shall be permanently deleted not later than 30 days from the last receipt of PNR containing such data by DHS. However, sensitive data may be retained for the time specified in US law for the purpose of a specific investigation, prosecution or enforcement action.
   Article 7
   Automated individual decisions
   The United States shall not make decisions that produce significant adverse actions affecting the legal interests of individuals based solely on automated processing and use of PNR.
   Article 8
   Retention of data
   1.   DHS retains PNR in an active database for up to five years. After the initial six months of this period, PNR shall be depersonalised and masked in accordance with paragraph 2 of this Article. Access to this active database shall, unless otherwise permitted by this Agreement, be restricted to a limited number of specifically authorised officials.
   2.   To achieve depersonalisation, personally identifiable information contained in the following PNR data types shall be masked out:

               (a)

               name(s);

               (b)

               other names on PNR;

               (c)

               all available contact information (including originator information);

               (d)

               general remarks, including other supplementary information (OSI), special service information (SSI), and special service request (SSR); and

               (e)

               any collected Advance Passenger Information System (APIS) information.

         3.   After this active period, PNR shall be transferred to a dormant database for a period of up to ten years. This dormant database shall be subject to additional controls, including a more restricted number of authorised personnel, as well as a higher level of supervisory approval required before access. In this dormant database, PNR shall not be repersonalised except in connection with law enforcement operations and then only in connection with an identifiable case, threat or risk. As regards the purposes as set out in Article 4(1)(b), PNR in this dormant database may only be repersonalised for a period of up to five years.
   4.   Following the dormant period, data retained must be rendered fully anonymised by deleting all data types which could serve to identify the passenger to whom PNR relate without the possibility of repersonalisation.
   5.   Data that are related to a specific case or investigation may be retained in an active PNR database until the case or investigation is archived. This paragraph is without prejudice to data retention requirements for individual investigation or prosecution files.
   6.   The Parties agree that, within the framework of the evaluation as provided for in Article 23(1), the necessity of a 10-year dormant period of retention will be considered.
   Article 9
   Non-discrimination
   The United States shall ensure that the safeguards applicable to processing and use of PNR under this Agreement apply to all passengers on an equal basis without unlawful discrimination.
   Article 10
   Transparency
   1.   DHS shall provide information to the travelling public regarding its use and processing of PNR through:

               (a)

               publications in the Federal Register;

               (b)

               publications on its website;

               (c)

               notices that may be incorporated by the carriers into contracts of carriage;

               (d)

               statutorily required reporting to Congress; and

               (e)

               other appropriate measures as may be developed.

         2.   DHS shall publish and provide to the EU for possible publication its procedures and modalities regarding access, correction or rectification, and redress procedures.
   3.   The Parties shall work with the aviation industry to encourage greater visibility to passengers at the time of booking on the purpose of the collection, processing and use of PNR by DHS, and on how to request access, correction and redress.
   Article 11
   Access for individuals
   1.   In accordance with the provisions of the Freedom of Information Act, any individual, regardless of nationality, country of origin, or place of residence is entitled to request his or her PNR from DHS. DHS shall timely provide such PNR subject to the provisions of paragraphs 2 and 3 of this Article.
   2.   Disclosure of information contained in PNR may be subject to reasonable legal limitations, applicable under US law, including any such limitations as may be necessary to safeguard privacy-protected, national security, and law enforcement sensitive information.
   3.   Any refusal or restriction of access shall be set forth in writing and provided to the requesting individual on a timely basis. Such notification shall include the legal basis on which information was withheld and shall inform the individual of the options available under US law for seeking redress.
   4.   DHS shall not disclose PNR to the public, except to the individual whose PNR has been processed and used or his or her representative, or as required by US law.
   Article 12
   Correction or rectification for individuals
   1.   Any individual regardless of nationality, country of origin, or place of residence may seek the correction or rectification, including the possibility of erasure or blocking, of his or her PNR by DHS pursuant to the processes described in this Agreement.
   2.   DHS shall inform, without undue delay, the requesting individual in writing of its decision whether to correct or rectify the PNR at issue.
   3.   Any refusal or restriction of correction or rectification shall be set forth in writing and provided to the requesting individual on a timely basis. Such notification shall include the legal basis of such refusal or restriction and shall inform the individual of the options available under US law for seeking redress.
   Article 13
   Redress for individuals
   1.   Any individual regardless of nationality, country of origin, or place of residence whose personal data and personal information has been processed and used in a manner inconsistent with this Agreement may seek effective administrative and judicial redress in accordance with US law.
   2.   Any individual is entitled to seek to administratively challenge DHS decisions related to the use and processing of PNR.
   3.   Under the provisions of the Administrative Procedure Act and other applicable law, any individual is entitled to petition for judicial review in US federal court of any final agency action by DHS. Further, any individual is entitled to petition for judicial review in accordance with applicable law and relevant provisions of:

               (a)

               the Freedom of Information Act;

               (b)

               the Computer Fraud and Abuse Act;

               (c)

               the Electronic Communications Privacy Act; and

               (d)

               other applicable provisions of US law.

         4.   In particular, DHS provides all individuals an administrative means (currently the DHS Traveller Redress Inquiry Program (DHS TRIP)) to resolve travel-related inquiries including those related to the use of PNR. DHS TRIP provides a redress process for individuals who believe they have been delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat. Pursuant to the Administrative Procedure Act and Title 49, United States Code, Section 46110, any such aggrieved individual is entitled to petition for judicial review in US federal court from any final agency action by DHS relating to such concerns.
   Article 14
   Oversight
   1.   Compliance with the privacy safeguards in this Agreement shall be subject to independent review and oversight by Department Privacy Officers, such as the DHS Chief Privacy Officer, who:

               (a)

               have a proven record of autonomy;

               (b)

               exercise effective powers of oversight, investigation, intervention, and review; and

               (c)

               have the power to refer violations of law related to this Agreement for prosecution or disciplinary action, when appropriate.

         They shall, in particular, ensure that complaints relating to non-compliance with this Agreement are received, investigated, responded to, and appropriately redressed. These complaints may be brought by any individual, regardless of nationality, country of origin, or place of residence.
   2.   In addition, application of this Agreement by the United States shall be subject to independent review and oversight by one or more of the following entities:

               (a)

               the DHS Office of Inspector General;

               (b)

               the Government Accountability Office as established by Congress; and

               (c)

               the US Congress.

         Such oversight may be manifested in the findings and recommendations of public reports, public hearings, and analyses.
   CHAPTER III

      MODALITIES OF TRANSFERS

   Article 15
   Method of PNR transmission
   1.   For the purposes of this Agreement, carriers shall be required to transfer PNR to DHS using the ‘push’ method, in furtherance of the need for accuracy, timeliness and completeness of PNR.
   2.   Carriers shall be required to transfer PNR to DHS by secure electronic means in compliance with the technical requirements of DHS.
   3.   Carriers shall be required to transfer PNR to DHS in accordance with paragraphs 1 and 2, initially at 96 hours before the scheduled flight departure and additionally either in real time or for a fixed number of routine and scheduled transfers as specified by DHS.
   4.   In any case, the Parties agree that all carriers shall be required to acquire the technical ability to use the ‘push’ method not later than 24 months following entry into force of this Agreement.
   5.   DHS may, where necessary, on a case-by-case basis, require a carrier to provide PNR between or after the regular transfers described in paragraph 3. Wherever carriers are unable, for technical reasons, to respond timely to requests under this Article in accordance with DHS standards, or, in exceptional circumstances in order to respond to a specific, urgent, and serious threat, DHS may require carriers to otherwise provide access.
   Article 16
   Domestic sharing
   1.   DHS may share PNR only pursuant to a careful assessment of the following safeguards:

               (a)

               Exclusively as consistent with Article 4;

               (b)

               Only with domestic government authorities when acting in furtherance of the uses outlined in Article 4;

               (c)

               Receiving authorities shall afford to PNR equivalent or comparable safeguards as set out in this Agreement; and

               (d)

               PNR shall be shared only in support of those cases under examination or investigation and pursuant to written understandings and US law on the exchange of information between domestic government authorities.

         2.   When transferring analytical information obtained from PNR under this Agreement, the safeguards set forth in paragraph 1 of this Article shall be respected.
   Article 17
   Onward transfer
   1.   The United States may transfer PNR to competent government authorities of third countries only under terms consistent with this Agreement and only upon ascertaining that the recipient’s intended use is consistent with those terms.
   2.   Apart from emergency circumstances, any such transfer of data shall occur pursuant to express understandings that incorporate data privacy protections comparable to those applied to PNR by DHS as set out in this Agreement.
   3.   PNR shall be shared only in support of those cases under examination or investigation.
   4.   Where DHS is aware that PNR of a citizen or a resident of an EU Member State is transferred, the competent authorities of the concerned Member State shall be informed of the matter at the earliest appropriate opportunity.
   5.   When transferring analytical information obtained from PNR under this Agreement, the safeguards set forth in paragraphs 1 to 4 shall be respected.
   Article 18
   Police, law enforcement and judicial cooperation
   1.   Consistent with existing law enforcement or other information-sharing agreements or arrangements between the United States and any EU Member State or Europol and Eurojust, DHS shall provide to competent police, other specialised law enforcement or judicial authorities of the EU Member States and Europol and Eurojust within the remit of their respective mandates, as soon as practicable, relevant, and appropriate, analytical information obtained from PNR in those cases under examination or investigation to prevent, detect, investigate, or prosecute within the European Union terrorist offences and related crimes or transnational crime as described in Article 4(1)(b).
   2.   A police or judicial authority of an EU Member State, or Europol or Eurojust, may request, within its mandate, access to PNR or relevant analytical information obtained from PNR that are necessary in a specific case to prevent, detect, investigate, or prosecute within the European Union terrorist offences and related crimes or transnational crime as described in Article 4(1)(b). DHS shall, subject to the agreements and arrangements noted in paragraph 1 of this Article, provide such information.
   3.   Pursuant to paragraphs 1 and 2 of this Article, DHS shall share PNR only following a careful assessment of the following safeguards:

               (a)

               Exclusively as consistent with Article 4;

               (b)

               Only when acting in furtherance of the uses outlined in Article 4; and

               (c)

               Receiving authorities shall afford to PNR equivalent or comparable safeguards as set out in this Agreement.

         4.   When transferring analytical information obtained from PNR under this Agreement, the safeguards set forth in paragraphs 1 to 3 of this Article shall be respected.
   CHAPTER IV

      IMPLEMENTING AND FINAL PROVISIONS

   Article 19
   Adequacy
   In consideration of this Agreement and its implementation, DHS shall be deemed to provide, within the meaning of relevant EU data protection law, an adequate level of protection for PNR processing and use. In this respect, carriers which have provided PNR to DHS in compliance with this Agreement shall be deemed to have complied with applicable legal requirements in the EU related to the transfer of such data from the EU to the United States.
   Article 20
   Reciprocity
   1.   The Parties shall actively promote the cooperation of carriers within their respective jurisdictions with any PNR system operating or as may be adopted in the other’s jurisdiction, consistent with this Agreement.
   2.   Given that the establishment of an EU PNR system could have a material effect on the Parties’ obligations under this Agreement, if and when an EU PNR system is adopted, the Parties shall consult to determine whether this Agreement would need to be adjusted accordingly to ensure full reciprocity. Such consultations shall in particular examine whether any future EU PNR system would apply less stringent data protection standards than those provided for in this Agreement, and whether, therefore, this Agreement should be amended.
   Article 21
   Implementation and non-derogation
   1.   This Agreement shall not create or confer, under US law, any right or benefit on any person or entity, private or public. Each Party shall ensure that the provisions of this Agreement are properly implemented.
   2.   Nothing in this Agreement shall derogate from existing obligations of the United States and EU Member States, including under the Agreement on Mutual Legal Assistance between the European Union and the United States of 25 June 2003 and the related bilateral mutual legal assistance instruments between the United States and EU Member States.
   Article 22
   Notification of changes in domestic law
   The Parties shall advise each other regarding the enactment of any legislation that materially affects the implementation of this Agreement.
   Article 23
   Review and evaluation
   1.   The Parties shall jointly review the implementation of this Agreement one year after its entry into force and regularly thereafter as jointly agreed. Further, the Parties shall jointly evaluate this Agreement four years after its entry into force.
   2.   The Parties shall jointly determine in advance the modalities and terms of the joint review and shall communicate to each other the composition of their respective teams. For the purpose of the joint review, the European Union shall be represented by the European Commission, and the United States shall be represented by DHS. The teams may include appropriate experts on data protection and law enforcement. Subject to applicable laws, participants in the joint review shall be required to have appropriate security clearances and to respect the confidentiality of the discussions. For the purpose of the joint review, DHS shall ensure appropriate access to relevant documentation, systems, and personnel.
   3.   Following the joint review, the European Commission shall present a report to the European Parliament and the Council of the European Union. The United States shall be given an opportunity to provide written comments which shall be attached to the report.
   Article 24
   Resolution of disputes and suspension of agreement
   1.   Any dispute arising from the implementation of this Agreement, and any matters related thereto, shall give rise to consultations between the Parties, with a view to reaching a mutually agreeable resolution, including providing an opportunity for either Party to cure within a reasonable time.
   2.   In the event that consultations do not result in a resolution of the dispute, either Party may suspend the application of this Agreement by written notification through diplomatic channels, with any such suspension to take effect 90 days from the date of such notification, unless the Parties otherwise agree to a different effective date.
   3.   Notwithstanding any suspension of this Agreement, all PNR obtained by DHS pursuant to this Agreement prior to its suspension shall continue to be processed and used in accordance with the safeguards of this Agreement.
   Article 25
   Termination
   1.   Either Party may terminate this Agreement at any time by written notification through diplomatic channels.
   2.   Termination shall take effect 120 days from the date of such notification, unless the Parties otherwise agree to a different effective date.
   3.   Prior to any termination of this Agreement, the Parties shall consult each other in a manner which allows sufficient time for reaching a mutually agreeable resolution.
   4.   Notwithstanding any termination of this Agreement, all PNR obtained by DHS pursuant to this Agreement prior to its termination shall continue to be processed and used in accordance with the safeguards of this Agreement.
   Article 26
   Duration
   1.   Subject to Article 25, this Agreement shall remain in force for a period of seven years from the date of its entry into force.
   2.   Upon the expiry of the period set forth in paragraph 1 of this Article, as well as any subsequent period of renewal under this paragraph, the Agreement shall be renewed for a subsequent period of seven years unless one of the Parties notifies the other in writing through diplomatic channels, at least twelve months in advance, of its intention not to renew the Agreement.
   3.   Notwithstanding the expiration of this Agreement, all PNR obtained by DHS under the terms of this Agreement shall continue to be processed and used in accordance with the safeguards of this Agreement. Similarly, all PNR obtained by DHS under the terms of the Agreement between the United States of America and the European Union on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security (DHS), signed at Brussels and Washington, 23 and 26 July 2007, shall continue to be processed and used in accordance with the safeguards of that Agreement.
   Article 27
   Final provisions
   1.   This Agreement shall enter into force on the first day of the month after the date on which the Parties have exchanged notifications indicating that they have completed their internal procedures for this purpose.
   2.   This Agreement, as of the date of its entry into force, shall supersede the 23 and 26 July 2007 Agreement.
   3.   This Agreement will only apply to the territory of Denmark, the United Kingdom or Ireland, if the European Commission notifies the United States in writing that Denmark, the United Kingdom or Ireland has chosen to be bound by this Agreement.
   4.   If the European Commission notifies the United States before the entry into force of this Agreement that it will apply to the territory of Denmark, the United Kingdom or Ireland, this Agreement shall apply to the territory of the relevant State on the same day as for the other EU Member States bound by this Agreement.
   5.   If the European Commission notifies the United States before the entry into force of this Agreement that it will apply to the territory of Denmark, the United Kingdom or Ireland, this Agreement shall apply to the territory of the relevant State on the first day following receipt of the notification by the United States.

      Done at Brussels this fourteenth day of December in the year two thousand and eleven, in two originals.
      Pursuant to EU law, this Agreement shall also be drawn up by the EU in the Bulgarian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages.

         For the European Union

         For the United States of America

   ANNEX

      PNR DATA TYPES

               1.

               PNR record locator code

               2.

               Date of reservation/issue of ticket

               3.

               Date(s) of intended travel

               4.

               Name(s)

               5.

               Available frequent flier and benefit information (i.e. free tickets, upgrades, etc.)

               6.

               Other names on PNR, including number of travellers on PNR

               7.

               All available contact information (including originator information)

               8.

               All available payment/billing information (not including other transaction details linked to a credit card or account and not connected to the travel transaction)

               9.

               Travel itinerary for specific PNR

               10.

               Travel agency/travel agent

               11.

               Code share information

               12.

               Split/divided information

               13.

               Travel status of passenger (including confirmations and check-in status)

               14.

               Ticketing information, including ticket number, one-way tickets and automated ticket fare quote

               15.

               All baggage information

               16.

               Seat information, including seat number

               17.

               General remarks including OSI, SSI and SSR information

               18.

               Any collected APIS information

               19.

               All historical changes to the PNR listed under points 1 to 18