title: 2007/614/Euratom: Council Decision of 30 January 2007 concerning the conclusion, by the Commission, of the Agreement between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research

text:
               21.9.2007

               EN

               Official Journal of the European Union

               L 246/32

         COUNCIL DECISION
   of 30 January 2007
   concerning the conclusion, by the Commission, of the Agreement between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research
   (2007/614/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 proposal from the Commission,
   Whereas:

               (1)

               The Commission has, in accordance with the Council Directives of 16 November 2000 as amended by Council Decisions of 27 May 2002, 26 November 2003 and 25 November 2004, conducted negotiations with the Government of China, the Government of Japan, the Government of the Republic of India, the Government of the Republic of Korea, the Government of the Russian Federation and the Government of the United States of America on an Agreement for the Establishment of the ITER International Fusion Energy Organisation for the Joint Implementation of the ITER Project.

               (2)

               The ITER Negotiation Parties have agreed at the Ministerial Meeting in Moscow on 28 June 2005 that ITER would be built in Cadarache. They also agreed on an attached joint paper on the role of the host (Euratom) and non-host (Japan) on the ITER Project.

               (3)

               In accordance with the joint paper referred to above and the amended Council Directives, the Commission has conducted negotiations with the Government of Japan on an Agreement for the Joint Implementation of the Broader Approach Activities.

               (4)

               On 20 June 2006, at a meeting in Tokyo, the representatives of Euratom and Japan adopted the Final Report of Negotiations on the Broader Approach Agreement which confirmed the completion of the negotiation process and records the subsidiary documents produced by Euratom and Japan.

               (5)

               On 22 November 2006, the representatives of Euratom and Japan signed a Joint Declaration for the implementation of the Broader Approach Activities which sets out details for the contributions of the Parties to the Broader Approach Activities.

               (6)

               The conclusion, by the Commission, of the Agreement between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research should be approved,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   1.   The conclusion by the Commission, for and on behalf of the European Atomic Energy Community, of the Agreement between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research is hereby approved.
   2.   The text of the Agreement is attached to this Decision.

      Done at Brussels, 30 January 2007.

            For the Council

            The President

         P. STEINBRÜCK

    ---documentbreak---

               21.9.2007

               EN

               Official Journal of the European Union

               L 246/34

         AGREEMENT
   between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research
   THE EUROPEAN ATOMIC ENERGY COMMUNITY (hereinafter referred to as Euratom) and THE GOVERNMENT OF JAPAN collectively referred to as ‘the Parties’,
   HAVING REGARD to the Agreement for Cooperation between the Government of Japan and the European Atomic Energy Community in the Field of Controlled Thermonuclear Fusion;
   HAVING REGARD to the Joint Declaration by the Representatives of the Parties to the ITER Negotiations, on the Occasion of the Ministerial Meeting for ITER, Moscow, 28 June 2005 and its attached Joint Paper — The roles of the Host and the non-Host for the ITER Project (hereinafter referred to as the Joint Paper) in which the main principles for the implementation of the Broader Approach Activities have been set out;
   HAVING REGARD to the Joint Declaration by the Representatives of the Government of Japan and Euratom for the joint implementation of the Broader Approach Activities, 22 November 2006 (hereinafter referred to as the Brussels Joint Declaration);
   RECALLING the Parties’ contributions to the preparation for the joint implementation of the ITER Project through the ITER Engineering Design Activities and the establishment of the ITER International Fusion Energy Organisation;
   RECOGNISING the role of the International Atomic Energy Agency in the ITER Project and the collaboration of the Parties in fusion research and development areas under the International Energy Agency of the Organisation for Economic Cooperation and Development;
   DESIRING to jointly implement the Broader Approach Activities in support of the ITER Project and an early realisation of fusion energy for peaceful purposes on a time frame compatible with the ITER construction phase;
   HAVE AGREED AS FOLLOWS:
   CHAPTER 1
   INTRODUCTION
   Article 1
   Objective
   The objective of this Agreement is to establish a framework for specific procedures and details for the joint implementation of broader approach activities (hereinafter referred to as the Broader Approach Activities) in support of the ITER Project and an early realisation of fusion energy for peaceful purposes in accordance with the Joint Paper.
   Article 2
   Outline of the Broader Approach Activities
   1.   The Broader Approach Activities shall comprise the following three projects:

               (a)

               the project on the Engineering Validation and Engineering Design Activities for the International Fusion Materials Irradiation Facility (hereinafter referred to as IFMIF/EVEDA);

               (b)

               the project on the International Fusion Energy Research Centre (hereinafter referred to as IFERC); and

               (c)

               the project on the Satellite Tokamak Programme.

         2.   In accordance with the Joint Paper and on the basis of the Brussels Joint Declaration, the Broader Approach Activities shall be implemented on a time frame compatible with the ITER construction phase.
   3.   The general principles governing the Broader Approach Activities shall be as set out in this Agreement. The principles specific to each project of the Broader Approach Activities shall be as set out in Annexes I, II and III, which form an integral part of this Agreement.
   CHAPTER 2
   ADMINISTRATIVE STRUCTURE OF THE BROADER APPROACH ACTIVITIES
   Article 3
   Steering Committee on the Broader Approach Activities
   1.   There is hereby established a Steering Committee on the Broader Approach Activities (hereinafter referred to as the Steering Committee) which shall be responsible in accordance with this Agreement for the overall direction and supervision of the implementation of the Broader Approach Activities.
   2.   The Steering Committee shall be assisted by the Secretariat established pursuant to paragraph 1 of Article 4 (hereinafter referred to as the Secretariat).
   3.   The Steering Committee shall have legal personality and shall enjoy in its relations with other States and international organisations and in the territories of the Parties such legal capacity as may be necessary to perform its functions and achieve its ends.
   4.   Each Party shall appoint an equal number of members to the Steering Committee and nominate one of its appointed members as the head of its delegation.
   5.   The Steering Committee shall meet at least twice per year, alternately in Europe and in Japan, or at other agreed times and places. The head of the delegation of the Party that hosts the meeting shall chair the meeting. The Steering Committee shall meet when convened by its chair.
   6.   The Steering Committee shall decide by consensus.
   7.   The expenditure of the Steering Committee shall be borne by the Parties on a mutually agreed basis.
   8.   The functions of the Steering Committee shall include:

               (a)

               appointment of the staff of the Secretariat as provided for in paragraph 1 of Article 4;

               (b)

               appointment of a project leader for each project of the Broader Approach Activities as provided for in paragraph 1 of Article 6 (hereinafter referred to as project leader(s));

               (c)

               approval of a project plan, a work programme and an annual report of each project of the Broader Approach Activities as provided for in Chapter 3 (hereinafter referred to as project plan(s), work programme(s) and Annual Report(s) respectively);

               (d)

               approval of the structure of a project team as provided for in paragraph 2 of Article 6 (hereinafter referred to as project team(s));

               (e)

               appointment on an annual basis of experts made available by a Party to the Project Teams as part of its in-kind contribution as provided for in paragraph 1(a)(ii) of Article 12 (hereinafter referred to as the experts);

               (f)

               in accordance with Article 25, decision on participation of any other party to the Agreement on the Establishment of the ITER International Fusion Energy Organisation for the Joint Implementation of the ITER Project (hereinafter referred to as the ITER Agreement) in a project of the Broader Approach Activities and subsequent conclusion of agreements and arrangements with that Party on such participation; and

               (g)

               any other functions as may be necessary to direct and supervise the Broader Approach Activities.

         Article 4
   Secretariat
   1.   The Steering Committee shall establish the Secretariat which shall be located in Japan. The staff of the Secretariat shall be appointed by the Steering Committee.
   2.   The Secretariat shall assist the Steering Committee. The functions of the Secretariat shall be determined by the Steering Committee, and shall include:

               (a)

               receiving and transmitting the Steering Committee’s official communications;

               (b)

               preparing meetings of the Steering Committee;

               (c)

               preparing administrative and other reports for the Steering Committee; and

               (d)

               undertaking any other activities as may be decided by the Steering Committee.

         Article 5
   Project Committee
   1.   For each project of the Broader Approach Activities, the Parties shall establish a project committee (hereinafter referred to as Project Committee).
   2.   Each Party shall appoint an equal number of members to each Project Committee.
   3.   Each Project Committee shall meet at least twice per year. Unless otherwise agreed by the Project Committee, it shall meet in Japan. The chair of each Project Committee shall be nominated by the Steering Committee from among the members of the Project Committee.
   4.   Each Project Committee shall decide by consensus.
   5.   The secretariat of each Project Committee shall be ensured by the respective Project Leader as provided for in Article 6.
   6.   The functions of each Project Committee shall include:

               (a)

               making recommendations on the respective draft project plans, work programmes and annual reports to be submitted to the Steering Committee by the Project Leader concerned in accordance with Chapter 3;

               (b)

               monitoring and reporting on the progress of the project of the Broader Approach Activities concerned; and

               (c)

               performing any other duties as directed by the Steering Committee.

         Article 6
   Project leader and project team
   1.   For each project of the Broader Approach Activities, a project leader shall be appointed by the Steering Committee. The project leader shall be responsible for the coordination of the implementation of the project as specified in Annexes I, II and III.
   2.   Each project leader shall be assisted by the respective project team in the exercise of his responsibilities and functions. The members of each project team shall comprise the Experts and other members such as visiting scientists. The structure of each project team shall be approved by the Steering Committee upon proposal by the respective project leader.
   3.   The functions of each project leader shall include:

               (a)

               organising, directing and supervising the project team in the implementation of the work programme;

               (b)

               preparing the Project Plan, the work programme and the annual report, and submitting them to the Steering Committee for approval after consultation with the respective Project Committee;

               (c)

               requesting the implementing agency designated by the Government of Japan in accordance with paragraph 1 of Article 7 (hereinafter referred to as the Japanese Implementing Agency) to disburse the expenditure to support the respective project team in accordance with Article 17;

               (d)

               accounting of the contribution of each Party;

               (e)

               ensuring the secretariat of the Project Committee; and

               (f)

               reporting to the Project Committee on the progress of the respective project of the Broader Approach Activities.

         Article 7
   Implementing agencies
   1.   Each Party shall designate an implementing agency to discharge its obligations for the implementation of the Broader Approach Activities (hereinafter referred to as implementing agency(ies)), in particular to make available the resources for their implementation. If the Implementing Agencies have not been designated even after the entry into force of this Agreement, the Parties shall immediately consult with each other on how to resolve the issue.
   2.   The Japanese Implementing Agency shall host the project teams and shall make available working sites including office accommodations, goods and services required for the implementation of the tasks to be performed by the project teams under the terms and conditions set out in Annexes I, II and III.
   3.   Subject to paragraph 1 of Article 3, the Japanese Implementing Agency shall be responsible for the management of agreed financial contributions to operational costs and of the financial contributions to common expenses of each project team, dedicated to each project of the Broader Approach Activities in accordance with the respective project plan and work programme. For the purpose of the management of such financial contributions, the Japanese Implementing Agency shall designate a responsible person in charge of the management of financial contributions of the Parties. His functions shall include:

               (a)

               calling on the Party(ies) or the implementing agency(ies) to make financial contributions in accordance with project plans and work programmes; and

               (b)

               keeping separate accounts of the financial contributions for each project of the Broader Approach Activities and retaining them together with all books, records and any other documents in respect of the financial contributions for a minimum period of five years following the expiry or termination of this Agreement.

         4.   The Japanese implementing agency shall take the necessary steps to obtain all permits and licenses provided for in the laws and regulations in force in Japan and required for the implementation of the Broader Approach Activities.
   CHAPTER 3
   INSTRUMENTS OF IMPLEMENTATION OF THE BROADER APPROACH ACTIVITIES AND FINANCIAL AUDIT
   Article 8
   Project plan
   1.   After consultation with the respective Project Committee, each project leader shall submit, not later than 31 March of each year, a project plan of the respective project of the Broader Approach Activities to the Steering Committee for its approval.
   2.   Each project plan shall cover the entire duration of such project and be regularly updated. It shall:

               (a)

               outline an overall plan of activities including time schedule and major milestones for the implementation of such project in light of the progress achieved; and

               (b)

               provide a comprehensive overview of the contributions already made and to be made in the future for the implementation of such project.

         Article 9
   Work programme
   After consultation with the respective Project Committee, each project leader shall submit, not later than 31 October of each year, an annual work programme of the respective project of the Broader Approach Activities for the following year to the Steering Committee for its approval. The work programmes shall provide the details of the respective project plans and shall provide the programmatic description of the activities to be undertaken, including objectives, planning, common expenses and the contributions to be provided by each Party.
   Article 10
   Annual report
   1.   Not later than 31 March of each year, each project leader shall submit an Annual Report covering all the activities conducted in the implementation of the respective project of the Broader Approach Activities including a summary of the contributions made by each Party and of the disbursement made by the Japanese implementing agency in accordance with Article 7(3) for such project to the Steering Committee for its approval. Upon approval by the Steering Committee, the project leader shall forward the annual report and any comments by the Steering Committee to the Parties and to the implementing agencies.
   2.   The Japanese Implementing Agency shall provide each project leader with the data necessary for the summary of the contributions made by each Party and the disbursement made by the Japanese Implementing Agency for such project.
   3.   The project plans, work programmes and annual reports as provided for in Articles 8 to 10 and any other essential documents for the implementation of the Broader Approach Activities shall be drafted in English.
   Article 11
   Financial audit
   Each Party may initiate a financial audit of the separate accounts kept by the Japanese Implementing Agency for the purposes of the Broader Approach Activities at any time during this Agreement and up to five years after the expiry or termination of this Agreement on the basis of documents and on the spot. All books, records and any other documents kept by the implementing agencies and by the project leaders in respect of the Broader Approach Activities shall be open, as necessary and appropriate, for the purposes of the audit.
   CHAPTER 4
   RESOURCES
   Article 12
   General principles
   1.   The resources for the implementation of the Broader Approach Activities shall comprise:

               (a)

               in-kind contributions, in accordance with technical specifications and under the terms and conditions as referred to in the Brussels Joint Declaration and its attachments, comprising:

                           (i)

                           specific components, equipments, materials and other goods and services; and

                           (ii)

                           the experts made available by a Party to the project teams after their appointment by the Steering Committee and the staff made available by a Party to the Secretariat after their appointment by the Steering Committee; and

               (b)

               financial contributions, under the terms and conditions as referred to in the Brussels Joint Declaration and its attachments.

         2.   Subject to the laws and regulations of each Party, the document Value Estimates and Allocations of Contributions of the Parties attached to the Brussels Joint Declaration may be annually updated by decision of the Steering Committee.
   Article 13
   Taxes
   1.   Each Party shall grant permission for duty-free importation and exportation to and from its territory of goods which are necessary for the implementation of this Agreement, and shall ensure their exemption from any other taxes and duties collected by the customs authorities and from import prohibitions and restrictions. This paragraph shall be implemented without regard to the country of origin of such necessary goods.
   2.   The Experts made available by a Party to the project teams after their appointment by the Steering Committee and the staff made available by a Party to the Secretariat after their appointment by the Steering Committee as in-kind contribution in accordance with paragraph 1(a)(ii) of Article 12 shall be exempt from taxes on salaries, wages and emoluments in the territory of the other Party.
   Article 14
   Regulation of in-kind contributions
   1.   Each in-kind contribution shall be the object of a procurement arrangement (hereinafter referred to as the Procurement Arrangement) agreed between the Implementing Agencies with the consent of the project leader concerned.
   2.   The Procurement Arrangement shall provide a detailed technical description of the contributions to be made including the technical specifications, schedules, milestones, risk assessments, deliverables and criteria for their acceptance, and shall set out the arrangements by which the project leader concerned will be enabled to exercise technical authority over the performance of the in-kind contributions. The Procurement Arrangement shall, in particular, set out:

               (a)

               the value attributed to each in-kind contribution;

               (b)

               the roles and responsibilities of the implementing agencies and the project leader;

               (c)

               the procedure for procurement;

               (d)

               the schedule and conditions for the acceptance of achievement of milestones and deliverables;

               (e)

               the application of quality assurance measures;

               (f)

               the relation and monitoring procedures among the project leader concerned, the implementing agencies and the entities involved in the supply of the deliverables;

               (g)

               procedures to deal with changes of a procurement that can have an impact on costs, scheduling and performance; and

               (h)

               the acceptance of the final deliverables and possible transfer of ownership.

         3.   The ownership of components to be contributed in kind by the implementing agency designated by Euratom in accordance with paragraph 1 of Article 7 (hereinafter referred to as the European Implementing Agency) shall be transferred to the Japanese Implementing Agency at the time of acceptance by the respective project leader and the Japanese Implementing Agency at the respective working site. The Japanese Implementing Agency shall be responsible for the transportation of components contributed by the European Implementing Agency from the port of entry to the working site.
   4.   For the experts or the staff to the Secretariat, the Procurement Arrangement shall take the form of a secondment arrangement. The value attributed to the experts or the staff to the Secretariat shall be as referred to in the document Value Estimates and Allocation of Contributions of the Parties attached to the Brussels Joint Declaration and may be updated by the Steering Committee from time to time as necessary.
   5.   Each Party shall be responsible for the salaries, insurances and allowances to be paid to the experts and the staff of the Secretariat made available by such Party, and shall, unless otherwise agreed, pay for the travel and living expenses of them. The Party that hosts the project teams and/or the Secretariat shall arrange for adequate accommodation for the Experts and the staff of the Secretariat and their families. The Party that hosts the project teams and/or the Secretariat shall also take appropriate measures to facilitate the entry to its territory of the experts and the staff of the Secretariat and their families, and shall request its implementing agency to use its best efforts to provide appropriate facilities with respect to legal and translation services in the event of any legal action brought against the Experts and the staff of the Secretariat resulting from the execution of their duties. The Experts and the staff to the Secretariat shall comply with the general and special rules of work and safety regulations in force at the host establishment, or as agreed in the secondment arrangement in the execution of their duties in the other Party.
   Article 15
   Adjustments to allocations
   If unforeseen circumstances so require, a Party may propose to modify the allocation of contributions within a project of the Broader Approach Activities. Upon such proposal, the project leader concerned shall, following consultation with the Project Committee concerned, propose to the Steering Committee a revised allocation of resources while maintaining the total cost of such project and the overall balance of the contributions between the Parties within that project.
   Article 16
   Financial contributions
   All payments made by the European Implementing Agency shall be made in euro. All payments made by the Japanese Implementing Agency shall be made in Yen.
   Article 17
   Common expenses of the project teams
   Common expenses of each project team shall be disbursed in accordance with paragraph 3 of Article 7 by the Japanese Implementing Agency. For this purpose, the Japanese Implementing Agency shall undertake the necessary actions upon request by the project leader concerned and within the ceilings given in the relevant work programme.
   CHAPTER 5
   INFORMATION AND INTELLECTUAL PROPERTY
   Article 18
   Dissemination, use and protection of information
   1.   For the purposes of this Chapter:

               (a)

               ‘information’ means drawings, designs, computations, reports and other documents, documented data or methods of research and development, descriptions of inventions and discoveries, whether or not protectable; and

               (b)

               ‘business confidential information’ means information containing know-how, trade secrets, or technical, commercial or financial information, which:

                           (i)

                           has been held in confidence by its owner;

                           (ii)

                           is not generally known or available from other sources;

                           (iii)

                           has not been made available by its owner to other parties without an obligation concerning its confidentiality; and

                           (iv)

                           is not available to the receiving party without obligations concerning its confidentiality.

         2.   Subject to the provisions of this Chapter, the Parties support the widest possible dissemination of information generated in the implementation of this Agreement.
   3.   Subject to the provisions of this Chapter, all information generated by the members of the project teams in the execution of the tasks assigned to them under this Agreement shall be made freely available to each of the Parties for use in the research and development of fusion as a source of energy for peaceful purposes.
   4.   Subject to the provisions of this Chapter, each Party shall be entitled to a non-exclusive, irrevocable and royalty-free license in all countries to translate, reproduce and publicly distribute scientific and technical journal articles, reports and books directly arising from the implementation of this Agreement. All publicly distributed copies of a copyrighted work prepared under the provisions of this Chapter shall indicate the names of the authors of the work unless an author explicitly declines to be named.
   5.   Subject to the provisions of this Chapter, all information generated by the personnel of an implementing agency in the execution of the tasks assigned to it under this Agreement shall be made freely available to the project teams and to each of the Parties for use in the research and development of fusion as a source of energy for peaceful purposes.
   6.   Any contract placed on the initiative of an implementing agency or a project leader for the execution of a task assigned to them under this Agreement shall contain provisions to allow the Parties to meet their obligations under this Agreement.
   7.   Subject to its laws and regulations and to its obligations to third parties and to the provisions of this Chapter, each Party shall use its best efforts to make freely available to the project teams and to the implementing agencies any information at its disposal which they need for the execution of the tasks assigned to them under this Agreement.
   8.   If business confidential information is made available in the implementation of this Agreement, it must be duly marked so and transmitted pursuant to an arrangement of confidentiality. The recipient of such information shall use it for the implementation of this Agreement, and preserve its confidentiality to the extent provided in that arrangement.
   Article 19
   Intellectual property
   1.   For the purposes of this Agreement, ‘intellectual property’ shall have the meaning defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967. In accordance with its laws and regulations, each Party shall ensure that the other Party can obtain the rights to intellectual property allocated in accordance with this Chapter. This Chapter does not alter or prejudice the allocation of rights between a Party and its nationals. Whether the rights concerning intellectual property shall be held by a Party or its nationals shall be determined as between themselves in accordance with their applicable laws and regulations.
   2.   Where protectable subject matter is generated by the members of the project teams in the implementation of this Agreement, the respective project leader shall promptly inform the Steering Committee with a recommendation on the countries where protection for such intellectual property should be obtained. Each Party, its implementing agency, or the members of the project teams made available by that Party shall, however, be entitled to acquire all right, title and interest in and to intellectual property in the territory of that Party. The Steering Committee shall decide whether and how to seek protection for such intellectual property in third countries. In all cases where protection for intellectual property is obtained by a Party, its implementing agency or the members of the project teams made available by that Party, the Party shall ensure that the members of the project teams can freely use such intellectual property for the execution of the tasks assigned to the project teams.
   3.   If intellectual property is generated by personnel of an implementing agency in the execution of a task assigned to it under this Agreement, the Party of that implementing agency, the implementing agency or its personnel shall be entitled to acquire all right, title and interest in all countries in and to such intellectual property according to applicable laws and regulations. The Party of such implementing agency shall ensure that the members of the project teams can freely use such intellectual property for the execution of the tasks assigned to the project teams, and that the other Party is granted an irrevocable, non-exclusive and royalty-free license, with the right to sublicense, for research and development on fusion as a source of energy for peaceful purposes.
   4.   If intellectual property is generated by personnel made available through an implementing agency while working in the implementing agency of the other Party, subject to relevant applicable laws:

               (a)

               the receiving Party, its implementing agency or its personnel shall be entitled to acquire all right, title and interest in and to any such intellectual property in its own territory and in the third countries; and

               (b)

               the sending Party, its implementing agency or its personnel shall be entitled to acquire all right, title and interest in and to any such intellectual property in its own territory.

         5.   Each Party shall, without prejudice to any rights of inventors or authors under the applicable laws and regulations, take all necessary steps to seek the cooperation from such inventors or authors, including the personnel of its implementing agency, which are required to implement this Agreement. Each Party shall ensure the payment of awards and compensations to such inventors or authors, according to its laws and regulations.
   6.   Notwithstanding paragraphs 2 to 4, if a Party decides not to exercise its right to seek protection for intellectual property in any country or region, it shall so notify the other Party, and the other Party may then seek to obtain such protection.
   Article 20
   Expiry or termination
   The rights conferred and obligations imposed upon the Parties under this Chapter shall subsist in accordance with applicable laws and regulations after the expiry or termination of this Agreement.
   CHAPTER 6
   FINAL PROVISIONS
   Article 21
   Entry into force
   This Agreement shall enter into force on the date on which the Parties exchange diplomatic notes informing each other that their respective internal procedures necessary for its entry into force have been completed.
   Article 22
   Duration and termination
   1.   This Agreement shall remain in force for a period of 10 years and shall continue in force thereafter unless terminated by either Party at the end of the 10-year period or at any time thereafter by giving to the other Party at least six months’ written advance notice of its intention to terminate this Agreement.
   2.   This Agreement may be terminated before its expiry only when:

               (a)

               both Parties mutually agree;

               (b)

               the ITER Agreement is terminated; or

               (c)

               either of the Parties is no longer a party to the ITER Agreement.

         3.   The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it, or any specific rights and obligations that have accrued in compliance with Chapter 5.
   Article 23
   Amendment
   The Parties shall, at the request of either of them, consult with each other whether to amend this Agreement, and may agree to the amendment. Such amendment shall enter into force on the date on which the Parties exchange diplomatic notes informing each other that their respective internal procedures necessary for its entry into force have been completed.
   Article 24
   Dispute settlement
   All questions or disputes between the Parties concerning the interpretation or implementation of this Agreement shall be settled by consultation and negotiation between them.
   Article 25
   Participation of other ITER parties
   In the event that any other party to the ITER Agreement expresses its intention to participate in a project of the Broader Approach Activities, the project leader concerned shall, after consultation with the Project Committee, submit to the Steering Committee a proposal concerning the terms and conditions of the participation of that party in such project. The Steering Committee shall decide on the participation of that party upon the proposal of the project leader, and subject to the approval of the Parties following their internal procedures, may conclude agreements and arrangements with that Party on such participation.
   Article 26
   Application with regard to Euratom
   In accordance with the Treaty establishing Euratom, this Agreement shall apply to the territories covered by that Treaty. In accordance with that Treaty and other relevant agreements, it shall also apply to the Swiss Confederation, participating in the Euratom fusion programme as a fully associated third State.

      IN WITNESS WHEREOF the undersigned, being duly authorised thereto by the Government of Japan and the European Atomic Energy Community respectively, have signed this Agreement.
      Done at Tokyo on 5 February 2007, in duplicate, in the English and Japanese languages, both texts being equally authentic.

            For the European Atomic Energy Community

         H. RICHARDSON

            For the Government of Japan

         T. ASO

   ANNEX I
   IFMIF/EVEDA
   Article 1
   Objective
   1.   The Parties, subject to this Agreement as well as their laws and regulations, shall conduct the Engineering Validation and Engineering Design Activities (hereinafter referred to as EVEDA) to produce a detailed, complete and fully integrated engineering design of the International Fusion Materials Irradiation Facility (hereinafter referred to as IFMIF) and all data necessary for future decisions on the construction, operation, exploitation and decommissioning of IFMIF, and to validate continuous and stable operation of each IFMIF subsystem.
   2.   Such design and data shall then be set out in a final design report to be adopted by the Steering Committee upon proposal by the project leader after consultation with the Project Committee, and be made available for each of the Parties to use either as a part of an international collaborative programme or in its own domestic programme.
   Article 2
   Scope
   1.   In pursuance of the objectives set out in Article 1 of this Annex, the following tasks shall be carried out:

               (a)

               establishment of the engineering design of IFMIF, including:

                           (i)

                           a complete description of IFMIF including its three main subsystems (the accelerators, the target facility and the test facility), the buildings including the hot cells for post irradiation examination, the auxiliary systems and the safety systems;

                           (ii)

                           detailed designs of the components, the subsystems and buildings with specific regard to their interfaces and integration;

                           (iii)

                           a planning schedule for the various stages of supply, construction, assembly, tests and commissioning together with the corresponding plan of human and financial resources requirements; and

                           (iv)

                           the technical specifications for the components allowing calls for tender for the supply of items needed for the start-up of the construction;

               (b)

               establishment of the site requirements for IFMIF, and performance of the necessary safety and environmental analyses;

               (c)

               proposal of the programme and corresponding estimates of the cost, human resources and schedule for the operation, exploitation and decommissioning of IFMIF; and

               (d)

               validating research and development work required for performing the activities described in points sub-paragraphs (a) to (c), including:

                           (i)

                           designing, building and assembling the prototype of the low energy part and the first high energy section of one of the two accelerators including its radio frequency power supplies, generators and their auxiliaries, and conducting their integrated beam testing operation;

                           (ii)

                           designing, manufacturing and testing of scalable models to ensure engineering feasibility of the target facility and of the test facility; and

                           (iii)

                           constructing the buildings to house the prototypical accelerator and its auxiliary systems.

         2.   The implementation of the tasks set out in paragraph 1 shall be further specified in the project plan and work programmes.
   Article 3
   Working site
   The working site for IFMIF/EVEDA shall be located at Rokkasho, Aomori Prefecture.
   Article 4
   Resources
   The Parties shall make available the resources required for the implementation of the IFMIF/EVEDA as referred to in the Brussels Joint Declaration and its attachments.
   Article 5
   Duration
   The duration of the IFMIF/EVEDA shall be six years and may be extended by decision of the Steering Committee.
   Article 6
   Ownership of accelerator components
   Notwithstanding paragraph 3 of Article 14 of this Agreement, the European implementing agency shall retain the ownership of the prototypical accelerator components specified in this Article that it provides as an in-kind contribution, and shall take responsibility for shipping these components back after the dismantling of the prototypical accelerator:

               (a)

               injector;

               (b)

               radio frequency power supplies, generators and their auxiliaries; and

               (c)

               control system.

         ANNEX II
   IFERC
   Article 1
   Objective
   The Parties, subject to this Agreement as well as their laws and regulations, shall conduct research and development activities at IFERC aiming at contributing to the ITER Project and at promoting a possible early realisation of a future demonstration power reactor (hereinafter referred to as DEMO).
   Article 2
   Scope
   In pursuance of the objectives set out in Article 1 of this Annex, the following tasks shall be carried out:

               (a)

               activities of the DEMO Design Research and Development Coordination Centre aiming at establishing a common basis for a DEMO design, including:

                           (i)

                           holding of seminars and other meetings;

                           (ii)

                           provision and exchange of scientific and technical information;

                           (iii)

                           DEMO conceptual design activities; and

                           (iv)

                           research and development activities on DEMO technologies;

               (b)

               activities of the Computational Simulation Centre, including the provision and exploitation of a super-computer for large scale simulation activities to analyse experimental data on fusion plasmas, prepare scenarios for ITER operation, predict the performance of the ITER facilities and contribute to DEMO design; and

               (c)

               activities of the ITER Remote Experimentation Centre to facilitate broad participation of scientists into ITER experiments, including the development of remote experimentation techniques for burning Tokamak plasmas, to be tested on existing machines, such as the Advanced Superconducting Tokamak, as provided for in Article 1 of Annex III.

         Article 3
   Working site
   The working site for IFERC shall be located at Rokkasho, Aomori Prefecture.
   Article 4
   Resources
   The Parties shall make available the resources required for the implementation of the IFERC activities as referred to in the Brussels Joint Declaration and its attachments.
   Article 5
   Duration
   The duration of the IFERC activities shall be 10 years and may be extended by decision of the Steering Committee.
   Article 6
   Details of delivery and possible transfer of ownership of super computer systems
   Notwithstanding paragraph 3 of Article 14 of this Agreement, details of delivery and possible transfer of ownership of super computer systems shall be determined by the Steering Committee in accordance with the project plan.
   ANNEX III
   SATELLITE TOKAMAK PROGRAMME
   Article 1
   Objective
   1.   The Parties, subject to this Agreement as well as their laws and regulations, shall conduct the satellite Tokamak programme (hereinafter referred to as the Satellite Tokamak Programme). This programme includes:

               (a)

               the participation in the upgrade of the Tokamak experimental equipment owned by the Japanese Implementing Agency to an advanced superconducting Tokamak (hereinafter referred to as the Advanced Superconducting Tokamak); and

               (b)

               the participation in its exploitation, to support the exploitation of ITER and research towards DEMO by addressing key physics issues for ITER and DEMO.

         2.   The construction and exploitation of the Advanced Superconducting Tokamak shall be conducted under the Satellite Tokamak Programme and the Japanese national programme. The exploitation opportunities of the Advanced Superconducting Tokamak shall be equally shared between the national programme and the Satellite Tokamak Programme.
   Article 2
   Scope
   1.   In pursuance of the objectives set out in Article 1 of this Annex, the following tasks shall be carried out:

               (a)

               Construction phase: design, manufacturing of components and systems, and assembly of the Advanced Superconducting Tokamak; and

               (b)

               Exploitation phase: planning and execution of Satellite Tokamak Programme experiments.

         2.   The implementation of the tasks set out in paragraph 1 shall be further specified in the project plan and work programmes on the following basis:

               (a)

               the conceptual design report, including the functional specifications of the components to be supplied by the Parties for the implementation of the Satellite Tokamak Programme, shall be provided by the Japanese Implementing Agency and reviewed and accepted by the Parties;

               (b)

               each implementing agency shall develop the detailed design of the components to be supplied by it as in-kind contribution;

               (c)

               the Japanese Implementing Agency shall be responsible for the integration of the Advanced Superconducting Tokamak components and for the general assembly and operation of the device; and

               (d)

               Euratom shall be entitled to participate in the exploitation of the Advanced Superconducting Tokamak on an equitable basis.

         Article 3
   Working site
   The working site for the Satellite Tokamak Programme shall be located at Naka, Ibaraki Prefecture.
   Article 4
   Resources
   The Parties shall make available the resources required for the implementation of the Satellite Tokamak Programme as referred to in the Brussels Joint Declaration and its attachments.
   Article 5
   Duration
   The duration of the Satellite Tokamak Programme shall be 10 years including three years for commissioning and operation and may be extended by decision of the Steering Committee.


Avis juridique important

|

31997D0742

97/742/ECSC: Commission Decision of 12 September 1997 on the conclusion of agreements between the European Coal and Steel Community and the Russian Federation on trade in certain steel products

Official Journal L 300 , 04/11/1997 P. 0051 - 0051

COMMISSION DECISION of 12 September 1997 on the conclusion of agreements between the European Coal and Steel Community and the Russian Federation on trade in certain steel products (97/742/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the first paragraph of Article 95 thereof,Having consulted the Consultative Committee and with the unanimous assent of the Council,Whereas, following the Council Decision of 7 October 1996, the Commission opened negotiations with the Russian Federation, culminating in an Agreement concerning trade in certain steel products covered by the European Coal and Steel Treaty;Whereas the Agreement establishes quantitative limits for the entry into free circulation in the Community of certain steel products for the years 1997 to 2001, within a framework of of progressive liberalization and the development of competitive conditions in the Russian Federation which justify the complete removal of quantitative restrictions,HAS DECIDED AS FOLLOWS:Sole Article1. The Agreement with the Russian Federation concerning trade in certain steel products is hereby approved on behalf of the European Coal and Steel Community.2. The text of the Agreement is annexed to this Decision (1).Done at Brussels, 12 September 1997.For the CommissionLeon BRITTANVice-President(1) See page 52 of this Official Journal.


title: Decision (EU, Euratom) 2017/1612 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the European Research Council Executive Agency for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/107

         DECISION (EU, Euratom) 2017/1612 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the European Research Council Executive Agency for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

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

               —

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

               —

               having regard to the final annual accounts of the European Research Council Executive Agency for the financial year 2015 (3)

               —

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

               —

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

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Research Council Executive Agency for the financial year 2015, together with the Agency's reply (4),

               —

               having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2015 (05874/2017 — C8-0038/2017),

               —

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

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6) and in particular Articles 62, 164, 165 and 166 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (7), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Implementing Decision 2013/779/EU of 17 December 2013 establishing the European Research Council Executive Agency and repealing Decision 2008/37/EC (9),

               —

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

               —

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

               A.

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

               1.

               Grants the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III — Commission and executive agencies, and in its resolution of 27 April 2017 on the Court of Auditors' special reports in the context of the Commission discharge for the financial year 2015 (10);

               3.

               Instructs its President to forward this decision, the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III — Commission and the resolution forming an integral part of those decisions, to the Director of the European Research Council Executive Agency, the Council, the Commission, and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2015.

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

      (3)  OJ C 417, 11.11.2016, p. 9.

      (4)  OJ C 449, 1.12.2016, p. 157.

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

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

      (7)  OJ L 11, 16.1.2003, p. 1.

      (8)  OJ L 297, 22.9.2004, p. 6.

      (9)  OJ L 346, 20.12.2013, p. 58.

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


title: Commission Decision of 28 October 2016 regarding the free software licensing (European Union Public License) of SyRIO — System for Reporting the Incidents in Offshore Oil and Gas Operations

text:
               15.11.2016

               EN

               Official Journal of the European Union

               C 420/2

         COMMISSION DECISION
   of 28 October 2016
   regarding the free software licensing (European Union Public License) of SyRIO — System for Reporting the Incidents in Offshore Oil and Gas Operations
   (2016/C 420/02)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Decision of the Commission of 19 September 2001 (PV1536) conferring to the Directors General and Heads of Services the power to decide on the need to file an application for protection of intellectual property rights resulting from the activities or programmes for which they are responsible, the granting of licences related thereto, the acquisition, transfer or surrender or abandoning of rights, and to the Directors General the power of administrative execution related thereto,
   Whereas:

               (1)

               The Directorate General for the Joint Research Centre, within the framework of the Administrative Arrangement with the Directorate General for Energy (DG Energy), has developed a software to be used by the Competent Authorities of Member States as part of their compliance with the regulatory functions under Directive 2013/30/EU of the European Parliament and of the Council (1) (the Offshore Safety Directive);

               (2)

               The Competent Authorities of Member States should use the software to report to the European Commission information about incidents and accidents linked to offshore oil and gas installations, relevant to health, safety or environmental protection. For that purpose, as well as for assisting the sourcing and analysis of the information, the Competent Authorities should make the software available for use by the operators engaging in offshore oil and gas activities within their jurisdiction, via an internet based reporting platform;

               (3)

               The software functions in accordance with the templates provided by the Commission Implementing Regulation (EU) No 1112/2014 (2);

               (4)

               Extended use of the software could benefit the worldwide harmonisation of the format for reporting of accidents, thus leading to further improvements in the safety levels in the offshore oil and gas industry. Therefore, the software could be made available to the Competent Authorities of third countries having offshore oil and gas activities within their jurisdiction;

               (5)

               DG Energy, as DG responsible for the development and maintenance of the software and – at the same time – entrusted service for the administrative execution of decisions in the field of Intellectual Property, considers the free licensing of the software appropriate, beneficial and opportune;

               (6)

               Release of the software under the European Union Public License (3) (EUPL) would facilitate distribution and promotion of the use of the software and avoid its exclusive appropriation,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Non-exclusive free software licence (EUPL) terms may be applied for the distribution of the software with a view to enable its use, reproduction, development, and further distribution.
   Article 2
   This Decision will also apply to any future releases or new versions of the software.

      Done at Brussels, 28 October 2016.

            For the Commission

         Dominique RISTORI

            Director-General

      (1)  Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ L 178, 28.6.2013, p. 66)

      (2)  Commission Implementing Regulation (EU) No 1112/2014 of 13 October 2014 determining a common format for sharing of information on major hazard indicators by the operators and owners of offshore oil and gas installations and a common format for the publication of the information on major hazard indicators by the Member States (OJ L 302, 22.10.2014, p. 1)

      (3)  https://joinup.ec.europa.eu/community/eupl/og_page/european-union-public-licence-eupl-v11


title: Decision No H8 of 17 December 2015 (updated with minor technical clarifications on 9 March 2016) concerning the methods of operation and the composition of the Technical Commission for Data Processing of the Administrative Commission for the Coordination of Social Security Systems

text:
               20.7.2016

               EN

               Official Journal of the European Union

               C 263/3

         DECISION No H8
   of 17 December 2015 (updated with minor technical clarifications on 9 March 2016)
   concerning the methods of operation and the composition of the Technical Commission for Data Processing of the Administrative Commission for the Coordination of Social Security Systems
   (2016/C 263/04)
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission shall foster and develop cooperation between Member States by modernising procedures for the exchange of information, in particular by adapting the information flow between institutions for the purpose of exchange by electronic means, taking account of the development of data processing in each Member State; and adopt the common structural rules for data processing services, in particular on security and the use of standards, and shall lay down provisions for the operation of the common part of those services;
   Having regard to Article 73 of Regulation (EC) No 883/2004, under which the Administrative Commission shall set up and determine the methods of operation and composition of a Technical Commission for Data processing, which shall deliver reports and a reasoned opinion before decisions are taken by the Administrative Commission pursuant to Article 72(d),
   HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Administrative Commission sets up the Technical Commission for Data Processing provided for in Article 73(1) of Regulation (EC) No 883/2004. It shall be called ‘the Technical Commission’.
   2.   The Technical Commission shall have the functions laid down in Article 73(2) of Regulation (EC) No 883/2004.
   3.   The mandate with regard to the specific tasks of the Technical Commission shall be set by the Administrative Commission who may modify these tasks as required.
   Article 2
   1.   The Technical Commission shall be composed of two members from each Member State, one of whom shall be nominated as the standing member, with the other designated as his alternate.
   2.   The nominations from each Member State shall be forwarded to the Secretariat of the Administrative Commission by the government representative for the Member State on the Administrative Commission.
   3.   Members may be accompanied at the meetings of the Technical Commission by one or more additional experts where this is necessary because of the nature of the subjects to be dealt with.
   4.   Each delegation may, as a rule, consist of not more than four persons.
   5.   The representative of the European Commission in the Administrative Commission or a person designated by him shall act in a consultative capacity within the Technical Commission.
   6.   The representative of the European Commission, his/her alternate or any other person designated by the Secretariat of the Administrative Commission may attend all meetings of the Technical Commission and its ad hoc working groups. Those meetings may furthermore be attended, where this is relevant to the question to be dealt with, by representative(s) of the relevant departments of the European Commission.
   7.   A member of the Secretariat of the Administrative Commission shall attend all meetings of the Technical Commission and its Ad-hoc working groups.
   Article 3
   1.   The office of Chair of the Technical Commission shall be held each half-year by either the standing member or another designated official belonging to the State whose representative on the Administrative Commission holds the office of Chair of that Commission for the same period.
   2.   If the Chair in office is prevented from attending a meeting of the Technical Commission, the alternate shall act as Chair.
   3.   The Chair of the Technical Commission may give the Secretariat instructions for meetings to be held and for the performance of activities that are within the scope of the tasks of the Technical Commission.
   Article 4
   The Technical Commission shall be convened by a letter of convocation sent to the members and the representative of the European Commission at least 10 working days before the meeting, by the Secretariat in consultation with the Chair of the Technical Commission.
   Article 5
   The Technical Commission shall adopt its reports and reasoned opinions where necessary on the basis of technical documents and studies. It can request from national administrations any information it deems necessary for appropriate accomplishment of its tasks.
   Article 6
   1.   The Technical Commission may set up ad hoc working groups consisting of a limited number of persons to consider specific issues and present the Technical Commission with proposals.
   The Technical Commission shall describe in a written mandate the tasks to be taken forward by such working groups and the timetable for completion of those tasks.
   2.   Ad hoc working groups shall be presided over by a person designated by the Chair of the Technical Commission in consultation with the representative of the European Commission or, failing this, by an expert representing the State whose representative on the Administrative Commission holds the office of Chair of that Commission.
   3.   The Chair of the ad hoc working group shall be summoned to the meeting of the Technical Commission in the course of which the report of that ad hoc working group is discussed.
   Article 7
   A designated member of the Secretariat of the Administrative Commission shall prepare and organise the meetings of the Technical Commission.
   Article 8
   1.   Reports and reasoned opinions shall be adopted by simple majority of all members of the Technical Commission, each Member State having a single vote that shall be cast by the standing member or in his absence by his alternate. The reports or reasoned opinions of the Technical Commission must indicate whether they were reached unanimously or by simple majority. They must, should there be a minority, set out conclusions or reservations of the minority.
   2.   When a standing member of the Technical Commission holds the office of Chair, his alternate shall vote in his place.
   3.   Any member present when a vote is taken who abstains from voting shall be invited by the Chair to state his reasons for abstaining.
   4.   When the majority of members present abstain, the proposal put to the vote shall be considered as not having been taken into consideration.
   5.   The Technical Commission may decide to adopt reports and reasoned opinions by the use of written procedure if such a procedure was agreed at a prior meeting of the Technical Commission.
   To this end the Chair shall communicate the text to be adopted to the members of the Technical Commission. The Members shall be given a set time limit of at least 10 working days, within which members shall have the possibility to state that they reject the proposed text or abstain from the voting. No response within the set time limit shall be considered as an affirmative vote.
   The Chair may also decide to launch a written procedure in case no prior agreement had been obtained in a meeting of the Technical Commission. In such a case, only written agreements to the proposed text shall be counted as affirmative votes and the set time limit of at least 15 working days shall be given.
   The Chair shall, at the expiry of the set time limit, inform the members of the result of the voting. A decision having received the required number of affirmative votes shall be considered adopted on the last day set for the period within which members were asked to respond.
   6.   If a member of the Technical Commission in the course of the written procedure proposes that the text shall be amended, the Chair shall either:

               (a)

               recommence the written procedure by communicating the proposed amendment to the members in accordance with the procedure in paragraph 5, or

               (b)

               cancel the written procedure in order to have the matter discussed at the next meeting,

         depending on which procedure the Chair considers appropriate for the matter in question.
   7.   If a member of the Technical Commission before the expiry of the time limit set for responding, requests that the proposed text shall be examined at a meeting with the Technical Commission, the written procedure shall be cancelled.
   The matter shall then be examined at the following meeting of the Technical Commission.
   Article 9
   1.   The provisional agenda of each meeting of the Technical Commission shall be drawn up by the Secretariat in consultation with the Chair of the Technical Commission.
   Before proposing to include an item in the agenda, the Secretariat may, where this appears necessary, ask the delegations concerned to make their views on this question known in writing.
   The provisional agenda shall, in principle, comprise items for which a request is submitted by a member or by the representative of the European Commission.
   2.   The provisional agenda shall be sent at least 15 working days before the beginning of each meeting, to the members of the Technical Commission and to the persons mentioned in article 2(6) above. A revised version of the agenda can be sent 5 working days before the meeting.
   The documents relating to the items on the agenda which require decisions or opinions in the respective meeting should be made available, in principle, at the latest 10 working days before the meeting. This does not apply to documents providing general information which do not need to be approved, exceptional circumstances and other cases that can be agreed by the Technical Commission according to Article 14 below.
   3.   At the beginning of each meeting the Technical Commission shall approve the agenda of the meeting.
   A unanimous vote of the Technical Commission is required for the inclusion in the agenda of any items other than those appearing on the provisional agenda.
   Article 10
   1.   The Secretariat of the Administrative Commission shall draw up the minutes of the Technical Commission meetings. The minutes are approved by the Technical Commission.
   2.   The English version of the minutes will be sent to delegations for review at the latest 1 month before the following Technical Commission meeting.
   The linguistic versions of the minutes will be made available as soon as possible after the English version has incorporated all agreed changes.
   3.   Members who have not received the minutes in their own language may reserve their final approval until they have received the minutes in that language.
   Article 11
   1.   The Technical Commission shall report in writing to the Administrative Commission, on its activities and achievements after each of its meetings.
   2.   The Chair of the Technical Commission shall report on the activities of the Technical Commission in the meetings of the Administrative Commission, if so required by the Chair of the Administrative Commission.
   Article 12
   Any proposed action of the Technical Commission involving expenses to be borne by the European Commission is subject to the approval of the representative of that institution.
   Article 13
   The reports, reasoned opinions, agenda, and any other documents supporting the activity of the Technical Commission will be drawn up in English.
   Article 14
   In so far as this is necessary, the Technical Commission may agree, by unanimous decision, to further specify and detail the current rules of procedures.
   Article 15
   This decision shall be published in the Official Journal of the European Union. It shall apply from the date of publication.
   Article 16
   This Decision replaces Decision No H2 of 12 June 2009.

            The Chair of the Administrative Commission

         Claude EWEN

      (1)  OJ L 166, 30.4.2004, p. 1.


title: Decision (EU) 2015/1665 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/271

      DECISION (EU) 2015/1665 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2013, together with the Centre's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Centre in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  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 (3),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (5), and in particular Article 15 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 (6),

                  —

                  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 (7), and in particular Article 108 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0068/2015),

         1.

            Grants the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Director of the European Monitoring Centre for Drugs and Drug Addiction, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 201.

         (2)  See footnote 1.

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

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

         (5)  OJ L 376, 27.12.2006, p. 1.

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

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


title: Council Decision of 27 July 2009 appointing one member to the Management Board of the European Chemicals Agency

text:
               31.7.2009

               EN

               Official Journal of the European Union

               C 178/12

      COUNCIL DECISION

   of 27 July 2009
   appointing one member to the Management Board of the European Chemicals Agency
   2009/C 178/09
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
   Whereas:

               (1)

               Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as Members to the Management Board of the European Chemicals Agency one representative from each Member State.

               (2)

               By Decision of 7 June 2007 (2) the Council appointed 27 members to the Management Board of the European Chemicals Agency.

               (3)

               The French government has informed the Council of its intention to replace the French representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2013,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Catherine MIR of French nationality, born on 20 February 1955, shall be appointed to the Management Board of the European Chemicals Agency in place of Ms Odile GAUTHIER for the period from 1 August 2009 to 31 May 2013.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 July 2009.

            For the Council

            The President

         C. BILDT

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

      (2)  OJ C 134, 16.6.2007, p. 6.


title: 2012/17/EU: Council Decision of 14 December 2011 establishing the position to be taken by the European Union within the relevant instances of the World Trade Organization on the accession of the Russian Federation to the WTO

text:
               10.1.2012

               EN

               Official Journal of the European Union

               L 6/6

         COUNCIL DECISION
   of 14 December 2011
   establishing the position to be taken by the European Union within the relevant instances of the World Trade Organization on the accession of the Russian Federation to the WTO
   (2012/17/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91, 100(2) and 207, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In June 1993 the Government of the Russian Federation applied for accession to the Marrakesh Agreement establishing the World Trade Organization (WTO), pursuant to Article XII of that Agreement.

               (2)

               A Working Party on the accession of the Russian Federation was established on 16 June 1993 in order to reach agreement on terms of accession acceptable to the Russian Federation and all WTO Members.

               (3)

               The Commission, on behalf of the Union, has negotiated a comprehensive series of market opening and other regulatory commitments on the part of the Russian Federation which satisfy the Union’s requests, are consistent with its objectives and in line with the development level of the Russian Federation.

               (4)

               These commitments are now embodied in the Protocol of Accession of the Russian Federation to the WTO.

               (5)

               Accession to the WTO is expected to make a positive and lasting contribution to the process of economic reform and sustainable development in the Russian Federation.

               (6)

               The Protocol of Accession should therefore be approved.

               (7)

               Article XII of the Agreement establishing the WTO provides that the terms of accession are to be agreed between the acceding Member and the WTO, and that the WTO Ministerial Conference approves the terms of accession on the WTO side. Paragraph 2 of Article IV of the Agreement establishing the WTO provides that in the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council.

               (8)

               Accordingly, it is necessary to establish the position to be taken by the Union within the relevant instances of the WTO, be it the Ministerial Conference or the General Council, on the accession of the Russian Federation to the WTO,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the relevant instances of the World Trade Organization on the accession of the Russian Federation to the WTO is to approve the accession.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Geneva, on 14 December 2011.

            For the Council

            The President

         M. NOGAJ


title: Commission Decision of 11 April 2013 setting up an expert group on measures against illicit trafficking in firearms to safeguard the EU's internal security ( ‘the Firearms Expert Group’ )

text:
               13.4.2013

               EN

               Official Journal of the European Union

               C 107/4

         COMMISSION DECISION
   of 11 April 2013
   setting up an expert group on measures against illicit trafficking in firearms to safeguard the EU's internal security (‘the Firearms Expert Group’)
   2013/C 107/05
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               The European Union’s internal security policies have evolved over recent years. The Lisbon Treaty provisions on internal security enabled the development of an Internal Security Strategy based on promoting concerted action to address common security challenges (1).

               (2)

               The Stockholm Programme — An open and secure Europe serving and protecting citizens highlighted trafficking in firearms among the threats to the EU’s internal security (2).

               (3)

               In order to ensure that the Commission is able to call upon the expertise of specialists on matters concerning trafficking in firearms, developments in related security threats and the evolving requirements of competent authorities, it is necessary to set up a group of experts in this field, and to define its tasks and its structure.

               (4)

               The group should help to develop and disseminate guidance on best practice in the area of the fight against the illicit trafficking in firearms at an operational level, and to review the effectiveness of that guidance.

               (5)

               The group should be composed of experts from the internal security field, including producers of firearms and researchers and any other individuals who in the Commission’s view offer valuable expertise which may assist the Commission with possible drafting legislative proposals and policy initiatives to improve measures against this illicit trafficking in firearms to safeguard the EU's internal security.

               (6)

               Rules on disclosure of information by members of the group should be laid down.

               (7)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3).

               (8)

               It is appropriate to fix a five-year period for the application of this decision. The Commission will in due time consider the advisability of an extension,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The group of experts on measures against the illicit trafficking in firearms to safeguard the EU's internal security (‘the group’) is hereby set up.
   Article 2
   Tasks
   1.   The group shall:

               (a)

               provide a forum for dialogue and for sharing experience on existing and future measures to combat the illicit trafficking in firearms and to share experience and best practice on questions related to illicit firearms trafficking in order to help the Commission to prepare legislative proposals and policy initiatives to improve measures against this crime;

               (b)

               exchange information about changes in technologies relating to firearms and in the legitimate requirements of competent internal security authorities of Member States which are relevant to the application of EU legislation and relevant provision of international conventions related to illicit trafficking;

               (c)

               monitor the evolution of policy on the fight against the illicit trafficking in firearms and identify difficulties which have emerged at national or cross-border level in relation to the implementation of the EU legislation and relevant provisions of international conventions from the perspective of competent law enforcement authorities;

               (d)

               identify best practice in matters relating to the fight against trafficking in firearms.

         2.   The activities of the group shall be without prejudice to those of the Contact Group of national experts on firearms already established by the Directive 91/477/EEC as amended by the Directive 2008/51/EC which has sole competence to discuss the issues covered by these Directives relating to legal trade in civil firearms.
   Article 3
   Consultation
   The Commission may consult the group on any matter relating to firearms trafficking relevant to the prevention, investigation, detection and prosecution of serious crime.
   Article 4
   Membership — Appointment
   1.   The members of the expert group shall be:

               (a)

               Member States’ law enforcement authorities (up to nine members);

               (b)

               Experts from universities, research institutes and non-governmental organisations (up to three members);

               (c)

               Associations of European producers of firearms (up to two members);

               (d)

               The European Police Office (one member).

         2.   Member States' authorities and the European Police Office referred to in points (a) and (d) of paragraph 1 shall nominate their representatives. Members referred to in point (b) of paragraph 1 will be appointed, in their personal capacity, by the Director General of DG Home Affairs following an open call for applications to become a member of the expert group. Members referred to in point (c) of paragraph 1 will be appointed by the Director General of DG Home Affairs following an open call for applications. Members of the expert group are appointed for five years. They shall remain in office until they are replaced or their term of office ends. Their term of office may be renewed.
   Concerning members referred to in points (b) and (c) of paragraph 1, provision may be made for the same number of alternates as members to be appointed. Alternates shall be appointed in accordance with the same conditions as members; alternates automatically replace any members who are absent or indisposed. If both a Member and his/her alternate are absent or indisposed, Members may, with the agreement of the Chair of the group, nominate experts to represent them at meetings.
   3.   Members who are no longer capable of contributing effectively to the expert group’s deliberations, who resign or who do not comply with the conditions set out in Article 339 of the Treaty may be replaced for the remainder of their term of office.
   4.   Members appointed in a personal capacity shall act independently and in the public interest.
   5.   The names of members shall be published in the Register of Commission Expert Groups and Other Similar Entities (‘the Register’).
   6.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   The group shall be chaired by a representative of the Commission.
   2.   In agreement with the Commission services, the group may set up sub-groups to examine specific questions on the basis of terms of reference defined by the group. Such sub-groups shall be disbanded as soon as their mandate is fulfilled.
   The Commission's representative may invite experts from outside the group, including representatives of the European External Action Service, with specific competence in a subject on the agenda to participate in the work of the group or sub-group on an ad hoc basis.
   3.   Members of the group and their representatives, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission’s rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC (4). Should they fail to respect these obligations, the Commission may take all appropriate measures.
   4.   The meetings of the group and sub-groups shall be held on Commission premises. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.
   5.   The group shall adopt rules of procedure on the basis of the standard rules of procedure adopted by the Commission.
   The Chair of the group shall keep the European External Action Service (EEAS) informed on the work of the group.
   6.   The Commission will make available all relevant documents (such as agendas, minutes and participants’ submissions), either in the Register of Commission Expert Groups and Other Similar Entities or via a link from the Register to a dedicated website where the information can be found. Exceptions to systematic publication should be foreseen where disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001.
   Article 6
   Meeting expenses
   1.   Participants in the group shall not be remunerated for the services they render.
   2.   Travel and subsistence expenses incurred by participants in the activities of the group shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Such expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Applicability
   This Decision shall apply until five years after adoption.

      Done at Brussels, 11 April 2013.

            For the Commission

         Cecilia MALMSTRÖM

            Member of the Commission

      (1)  OJ C 115, 9.5.2008.

      (2)  OJ C 115, 4.5.2010.

      (3)  OJ L 8, 12.1.2001, p. 1.

      (4)  OJ L 317, 3.12.2001, p. 1.


title: Decision (EU) 2015/1683 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/328

      DECISION (EU) 2015/1683 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2013, together with the Foundation's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Foundation in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  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 (3),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (5), and in particular Article 16 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6),

                  —

                  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 (7), and in particular Article 108 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A8-0092/2015),

         1.

            Grants the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Director of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 275.

         (2)  See footnote 1.

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

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

         (5)  OJ L 139, 30.5.1975, p. 1.

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

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