Important legal notice

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31988Y0309(03)

Decision No 135 of 1 July 1987 concerning the granting of benefits in kind provided for in Article 17 (7) and Artikel 60 (6) of Regulation (EEC) No 574/72 and the concepts of urgency within the meaning of Article 20 of Regulation (EEC) No 1408/71 and of extreme urgency within the meaning of Articles 17 (7) and 60 (6) of Regulation (EEC) No 574/72

Official Journal C 064 , 09/03/1988 P. 0005 - 0006 Official Journal C 281 du 04/11/1988 p. 0007 - 0008

		Decision No 135of 1 July 1987concerning the granting of benefits in kind provided for in Article 17 (7) and Article 60 (6) of Regulation (EEC) No 574/72 and the concepts of urgency within the meaning of Article 20 of Regulation (EEC) No 1408/71 and of extreme urgency within the meaning of Articles 17 (7) and 60 (6) of Regulation (EEC) No 574/72(88/C 281/07)So as not to create confusion by a series of corrections, the Administrative Commission decided, during its meeting of 1 July 1988, to republish the present Decision. This cancels and replaces the publications in Official Journal of the European Communities No C 64 of 9 March 1988 and Official Journal of the European Communities No C 118 of 5 May 1988.THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971, under which it is made responsible for dealing with all administrative questions or matters of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Article 20 of Regulation (EEC) No 1408/71,Having regard to Article 17 (7) and Article 60 (6) of Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71, as last amended by Council Regulation (EEC) No 3811/86 of 11 December 1986,Whereas Decision No 116, published in the Official Journal of the European Communities No C 193 of 20 July 1983, must be supplemented as from 1 January 1986 following the accession of Spain and Portugal;Whereas the benefits referred to in Article 17 (7) and in Article 60 (6) of Regulation (EEC) No 574/72 should be specified;Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,HAS DECIDED AS FOLLOWS:1. The benefits referred to in the first sentence of Article 17 (7) and in Article 60 (6) of Regulation (EEC) No 574/72 are those provided for by the legislation o£ the place of residence or of stay, the granting of which is subject to the prior authorization of the institution implementing this legislation.2. For the application of the first sentence of Article 17 (7) and of the first sentence of Article 60 (6) of Regulation (EEC) No 574/72, the institution of the place of residence or of stay which gives prior authorization for the granting of a benefit in kind should inform the competent institution of its decision (using the E 114 form) if:2.1 the benefit is mentioned in the list below:(a) surgical appliances, orthopaedic appliances and supporting apparatus including orthopaedic corsets of reinforced material, and any additional parts, accessories and aids;(b) orthopaedic footwear and remedial footwear (non-orthopaedic);(c) maxillary and facial prostheses, wigs;(d) ocular prostheses, contact lenses, magnifying and telescopic spectacles;(e) hearing aids;(f) dental prostheses (fixed and removable) and obturators for use in the buccal cavity;(g) invalid vehicles (manually operated or motorized), wheelchairs and other mechanical means permitting the disabled to move about, guide dogs for the blind;(h) renewal of the items supplied as benefits mentioned in the preceding paragraphs;(i) spa treatment;(j) accommodation and medical treatment:- in a convalescent home, a sanatorium, an institute or home for handicapped persons (the blind, deaf mutes, mentally handicapped, etc.) or an open-air sanatorium,- where the length of stay in a preventorium seems likely to exceed 20 days in the opinion of the attending physician or, if the legislation of the country in which the person concerned happens to be so requires in such cases, in the opinion of the medical consultant of the institution of the place of stay or of the place of residence, or where, contrary to the original opinion of the abovementioned physician or consultant, the length of stay exceeds 20 days;(k) functional or occupational rehabilitation;(l) any subsidy granted to cover part of the costs of the benefits listed in paragraphs (a) to (k) above,and2.2 the expected or actual cost of that benefit exceeds the following flat rate amount:(a) Bfrs 20000 for the institution of the place of residence in Belgium;(b) Dkr 3600 for the institution of the place of residence in Denmark;(c) DM 1000 for the institution of the place of residence in Germany;(d) DR 50000 for the institution of the place of residence in Greece;(e) Pta 50000 for the institution of the place of residence in Spain;(f) FF 2900 for the institution of the place of residence in France;(g) Irl £ 300 for the institution of the place of residence in Ireland;(h) Lit 590000 for the institution of the place of residence in Italy;(i) Lfrs 20000 for the institution of the place of residence in Luxembourg;(j) Fl 1100 for the institution of the place of residence in the Netherlands;(k) Esc 60000 for the institution of the place of residence in Portugal;(l) £ 350 for the institution of the place of residence in the United Kingdom.3. It shall not be necessary to inform the competent institution as laid down in paragraph 2 in the following cases:(a) the application of Article 22 (1) (c) and 55 (1) (c) of Regulation (EEC) No 1408/71;(b) reimbursement on the basis of lump sums;(c) the waiving of reimbursement of expenditure;(d) where the competent institution is in the United Kingdom.4. The urgent cases referred to in Article 20 of Regulation (EEC) No 1408/71 and the cases of extreme urgency referred to in Article 17 (7) and Article 60 (6) of Regulation (EEC) No 574/72 shall be those in which the provision of one of the benefits mentioned in paragraph 1 of the present Decision cannot be postponed without endangering the life or health of the person concerned. If one of the items mentioned in paragraph 1 (a) to (g) of paragraph 2.1 of the present Decision is accidentally broken or damaged, extreme urgency shall mean that the replacement of the appliance or other benefit in question is necessary.5. The provisions of paragraphs 1 to 4 of the present Decision shall apply: to the cases provided for in Articles 19, 22, 25 (1) and 3 31 (a), 52 (a) and 55 (1) of Regulation (EEC) No 1408/71 and in Articles 17 (7), 20 (5), 21 (2), 22 (2) and (3), 23, 26 (3), 27, 31 (2) and (3), 60 (6), 62 (7) and 63 (2) and (3) of Regulation (EEC) No 574/72.6. This Decision, which replaces Decision No 116 of 15 December 1982, shall be published in the Official Journal of the European Communities. It shall apply from the 20th day after its publication.The Chairman of the Administrative CommissionA. Trier--------------------------------------------------


( UNOFFICIAL ENGLISH TRANSLATION ) DECISION NO 4 OF 14 APRIL 1959 CONCERNING THE RETENTION OF ACQUIRED RIGHTS ON THE SUBJECT OF CHOICE


title: Decision (EU) 2016/1567 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of Eurojust for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/355

         DECISION (EU) 2016/1567 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of Eurojust for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of Eurojust for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2014, together with Eurojust’s reply (1),

               —

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

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to Eurojust in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0070/2016),

               —

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

               —

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

               —

               having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (4), and in particular Article 36 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0099/2016),

               1.

               Grants the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 315.

      (2)  See footnote 1.

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

      (4)  OJ L 63, 6.3.2002, p. 1.

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

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


title: Decision (EU) 2016/1588 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/404

         DECISION (EU) 2016/1588 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2014, together with the Joint Undertaking’s reply (1),

               —

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

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 – C8-0057/2016),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 209 thereof,

               —

               having regard to Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (4),

               —

               having regard to Council Regulation (EU) No 559/2014 of 6 May 2014 establishing the Fuel Cells and Hydrogen 2 Joint Undertaking (5), and in particular Article 1(2) and Article 12 thereof,

               —

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

               —

               having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7),

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0083/2016),

               1.

               Grants the Executive Director of the Fuel Cells and Hydrogen 2 Joint Undertaking discharge in respect of the implementation of the Fuel Cells and Hydrogen Joint Undertaking’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the Executive Director of the Fuel Cells and Hydrogen 2 Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 422, 17.12.2015, p. 51.

      (2)  OJ C 422, 17.12.2015, p. 53.

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

      (4)  OJ L 153, 12.6.2008, p. 1.

      (5)  OJ L 169, 7.6.2014, p. 108.

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

      (7)  OJ L 38, 7.2.2014, p. 2.


title: Decision (EU) 2016/1579 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/383

         DECISION (EU) 2016/1579 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European GNSS Agency for the financial year 2014,

               —

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

               —

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

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0080/2016),

               —

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

               —

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

               —

               having regard to Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European Parliament and of the Council (4), and in particular Article 14 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0112/2016),

               1.

               Grants the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European GNSS 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 353.

      (2)  See footnote 1.

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

      (4)  OJ L 276, 20.10.2010, p. 11.

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

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


title: 2012/620/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/367

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2010
   (2012/620/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2010, together with the Authority’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council (3) establishing a European Food Safety Authority, and in particular Article 44 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0106/2012),

               1.

               Postpones its decision on granting the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Food Safety Authority, 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 366, 15.12.2011, p. 106.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 31, 1.2.2002, p. 1.

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

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

               European Food Safety Authority

               2006

               2007

               2008

               2009

               Performance

               No risk assessment or defined appropriate performance indicators, or documented systems or internal control procedures governing its activities

               n.a.

               Calls on the Authority to set SMART objectives and RACER indicators, as well as to make a Gannt diagram → promoting a results-oriented approach

                           —

                           Advises the Authority to strengthen the planning and monitoring of budget processes relating to differentiated appropriations

                           —

                           Underlines the need for the authority to ensure that its advice is of a high quality and is independent. Recommends measures to further foster and monitor internal rules on declarations of interest by staff or the authority and by experts working for the Authority

                           —

                           Requests that the Court of Auditors undertake performance audits on the Authority

               Budgetary and financial management/Procurement

                           —

                           The annuality principle was not strictly observed: A large number of transfers were made with a high concentration of them at the year-end (31 of the 49 transfers)

                           —

                           Weaknesses in the procurement procedures: the selection criteria were not stated; the price-evaluation method not defined till the evaluation procedure was under way; vague description of the quality criteria

                           —

                           The annuality principle was not strictly observed: weaknesses in the programming, the programming and the budgeting of the planned activities

                           —

                           Weaknesses in the budgetary management: in respect of the contributions given by the Commission to Croatia and Turkey (pre-accession strategy), they should have been treated as assigned revenue in the budget. None the less, they were treated as if they were part of the normal Community subsidy

                           —

                           The annuality principle was not strictly observed: weaknesses in programming, monitoring contractual deadlines and the Authority’s budget →

                                       (1)

                                       Calls on the Authority to improve its budget management in order to reduce its carry-over amount: 23 % in 2008; 16 % in 2007; 20 % in 2006;

                                       (2)

                                       A high amount of commitments had to be cancelled (37 % of commitments for operational activities carried over from 2007 and 26 % from 2006)

                           —

                           Calls on the Commission to examine ways of ensuring that the principle of needs-based cash management is implemented in full → high cash reserves (EUR 19 990 492,26)

                           —

                           Calls on the Authority to strengthen the budget processes related to its differentiated appropriations and planning and monitoring of its multiannual implementation

                           —

                           Urges the Authority it improves its budget management in order to reduce its high carry-over amounts, stresses that the Court of Auditors has flagged up carry-overs of appropriations to the following year, this situation demonstrates weaknesses in the Authority’s contract management and monitoring of the remittance of reports and cots statements

                           —

                           Court of Auditors pointed out that commitments for operational activities carried over from the previous year had to be cancelled, urges the Authority to remedy this situation and to notify the Court of Auditors of the measures taken

                           —

                           Notes that the Court of Auditors reported difficulties in the implementation of the 2009 work programme, calls on the Authority to take the necessary measures to remedy these deficiencies

               Human resources

               No realistic recruitment objectives

                           —

                           The Authority was able to achieve its recruitment objectives and fill 273 of the 300 posts in its establishment plan: the audit of the recruitment procedures showed that in general neither the weightings of the selection criteria to be applied nor the threshold scores for going on to the next stage of the competitions had been decided upon by the selection board before the deadline fixed in the vacancy notice

               n.a.

               n.a.

               Internal audit

               n.a.

               n.a.

               20 out of the 25 recommendations (80 %) made by the IAS and the IAC have been implemented

                           —

                           Is concerned that out of the 48 recommendations, one is considered critical, 27 very important and 20 important but no information has been given to the discharge authority on the content of these recommendations, urges the Executive Director of the Authority to provide this information

                           —

                           Reiterates its demand for the Authority to take appropriate measures in cases of conflicts of interest, invites the Authority to initiate a survey of the potential conflicts of interest of its leading scientists, board, and panel members, so that possible omissions in the declarations of interest can be detected and followed by action in a timely manner

          ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/368

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2010, together with the Authority’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council (3) establishing a European Food Safety Authority, and in particular Article 44 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0106/2012),

               A.

               whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 10 May 2011 Parliament granted the Executive Director of the European Food Safety Authority discharge for implementation of the Authority’s budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           called on the Authority to strengthen the budget processes relating to its differentiated appropriations and the planning and monitoring of multiannual implementation,

                           —

                           urged, in addition, the Authority to improve its budget management in order to reduce its high carry-over amounts,

                           —

                           invited the Authority to initiate a survey on the potential conflicts of interest of its leading scientists, its Management Board and its panel members, so that possible omissions in the declarations of interest can be detected and followed by action in a timely manner,

               C.

               whereas the overall budget of the Authority for 2010 was EUR 74 700 000 compared with EUR 71 400 000 in 2009, which represents an increase of 4,6 %; whereas the initial contribution of the Union to the budget of the Authority for 2010 was EUR 69 041 000, which represents an increase of 4,36 % compared with its initial contribution in 2009 (6),

               D.

               whereas the workload continues its growing trend both in volume and in complexity with the adoption of more than 560 scientific outputs,

      Budget and financial management

               1.

               Recalls that the initial Union contribution to the Authority for 2010 amounted to EUR 69 041 000; notes however that EUR 3 950 000 coming from the recovery of surplus, was added to that amount which, as a result, makes a total Union contribution of EUR 72 991 000 for 2010;

               2.

               Acknowledges from its Annual Activity Report (AAR) that, in 2010, the Authority had a budget execution rate of 98,8 % in terms of committed appropriations and of 83,5 % in terms of payment appropriations; takes note that under Title 1 (Staff) and Title 2 (Infrastructure) the budget was fully executed while under Title 3 (Operations) the execution rate reached 96,5 %;

               3.

               Notes, however, from the AAR that in 2010 the Authority had a budget execution rate of only 83,5 % in terms of payment appropriations, which is 11 % below the target set by the Authority; finds from comments by the Authority that the execution rate in terms of payment appropriations is lower than expected for the following main reasons:

                           —

                           major data processing and IT operational support projects were initiated in November 2010 and therefore triggered payments for an amount of EUR 4 300 000 only in 2011,

                           —

                           delays in contracting scientific cooperation activities and lower payment levels under the existing grant and procurement programme led to an underspend of the related differentiated credits amounting to EUR 1 300 000,

                           —

                           payments for an amount of EUR 1 100 000 for specific projects in administration and communication were postponed to 2011;

               4.

               Acknowledges from the Authority that budget execution was reported to the Management Board on a monthly basis, deviations from the budget execution targets by activity or in relation to the scientific cooperation programme were pointed out and corrective action taken;

               5.

               Urges, however, the Authority to take further action to enable a satisfactory budget execution in terms of both commitment and payment appropriations and to inform the discharge authority of the progress achieved;

               6.

               Notes from the Authority that in line with the schedule of the Commission, migration to the accrual-based accounting (ABAC) system was scheduled for September 2011 and implemented accordingly;

               7.

               Finds it unacceptable that while the Management Board of the Authority consists of only 15 members, each meeting costs on average EUR 92 630, which represents an amount of EUR 6 175 per member; underlines that this amount is nearly three times higher than the second most expensive Management Board of a decentralised agency; is of the opinion that the Management Board meetings costs are excessive and should be reduced drastically; calls on the Authority and its Management Board to remedy the situation immediately and to inform the discharge authority of the measures undertaken by 30 June 2012;

      Carry-overs and contract management process

               8.

               Acknowledges from the Authority that 6 % (EUR 270 000 000) of commitments for operational activities carried over from 2009 had to be cancelled; notes that this is an improvement compared with the previous year in which 19 % of commitments for operational activities were carried over from 2008, 37 % of such commitments were carried over from 2007 and 26 % of such commitments were carried over from 2006;

               9.

               Urges, once more, the Authority to improve its budget management in order to reduce its high carry-over amounts; notes, in particular, that this situation demonstrates weaknesses in the Authority’s contract management and monitoring of the remittance of reports and cost statements;

               10.

               Calls on the Authority to develop and implement a common monitoring system for the management of all its contracts; acknowledges, in particular, the absence of a central and coordinated capacity at directorate level responsible for the monitoring of contracts; underlines that this entails a risk of inefficient use of resources and uncoordinated monitoring of contracts and therefore asks the Authority to centralise these responsibilities at the level of each directorate;

               11.

               Urges, in addition, the Authority to improve the reporting on contract implementation in order to guarantee effective supervision and management of its operational activities;

      Procurement

               12.

               Notes from its AAR that, in 2010, the Authority finalised 24 procurement procedures in Communication and Administration for an amount of EUR 48 800 000, as well as 75 procurement contracts and 10 grant agreements as part of the scientific cooperation programme with values of EUR 5 700 000 and EUR 2 100 000 respectively;

               13.

               Notes that the Authority has had a Practical Procurement Guide since 2008 to provide practical guidance to its staff in preparing and implementing procurement procedures and the resulting contracts, and that the Guide is regularly updated; notes moreover that the Guide is being revised to take into account the rules recently adopted by the Commission on public procurement and revision of the Financial Regulation;

      Human resources

               14.

               Notes from the Authority that 99 % of planned posts were either filled or under offer by the end of 2010;

               15.

               Calls on the Authority to address its weaknesses in recruitment procedures, which put at risk the transparency of the procedures; acknowledges, in particular, from the Court of Auditors that the Authority did not ensure the anonymity of the written tests and decided pass marks for the various stages of the selection process after the evaluation process had already started;

               16.

               Is concerned that the Authority delayed for over 12 months the Internal Audit Service (IAS)’s ‘very important’ recommendation which called on the Authority to define contract renewal processes and ensure the transparency of decision-making; calls, therefore, on the Authority to explain to the discharge authority the reasons behind this delay and to rapidly address this deficiency;

      Conflict of interest and ‘revolving door’ cases

               17.

               Notes, in particular, that in September 2010 the Chair of the Management Board was reported to have direct links to the food industry, and to be a member of the Board of Directors of the International Life Science Institute (ILSI) — Europe;

               18.

               Considers that, while a dialogue with industry on product assessment methodologies is legitimate and necessary, this dialogue should not undermine the independence of the Authority nor the integrity of risk assessment procedures; asks therefore the Authority to consider as a conflict of interest the current or recent past participation of its Management Board, panel and working group members or staff in ILSI activities such as taskforces, scientific committees or chairs for conferences;

               19.

               Urges the Court of Auditors to finalise and present its audit of conflict of interest in the Authority;

               20.

               Recalls that the current Chair of the Management Board failed, in 2010, to declare her membership of the Board of Directors of the ILSI; notes that ILSI is financed by firms in the food, chemical and pharmaceutical sectors;

               21.

               Considers, therefore, that a thorough case-by-case analysis of these reports and of possible and actual conflicts of interest should be carried out in order to evaluate the objectivity and impartiality of the Authority at all levels and the work it carries out; calls, moreover, on the Authority to undertake a thorough screening of the declarations of interest submitted by its staff, experts and members of the Management Board, followed by concrete measures to end conflicts of interest and to provide information to the public; calls on the Authority to inform the discharge authority of the screening process and the concrete measures adopted, by means of a detailed written report by 30 June 2012;

               22.

               Notes that the Court of Auditors has observed that the review process of the declarations of interests of the members of the Management Board is insufficiently rigorous and detailed and puts the completeness and transparency of the procedure at risk;

               23.

               Considers that product assessment should not be based solely on industry data, but should duly take into account independent scientific literature published in peer-reviewed journals; stresses that extra caution should be exercised in relation to industry influence in the development of guidelines and assessment methodologies, which should not favour industry-sponsored studies on speculative grounds and which should be developed in an open, transparent and balanced manner;

               24.

               Reminds the Authority that the rules governing declarations of interests should be accompanied by a set of consequences applied when those rules are breached; further, notes that the Authority should, in addition, focus on public interest in its independent decision-making by taking into account all relevant data and information;

               25.

               Notes that in March 2010 a German NGO turned to the European Ombudsman, complaining that the Authority did not adequately address a potential conflict of interest concerning the move of its Head of Genetically Modified Organisms Unit to a biotechnology company in 2008 less than two months after the staff member in question left the Authority, without a ‘cooling off’ period;

               26.

               Underlines that the Ombudsman concluded that the Authority had not carried out a thorough assessment of the alleged potential conflict of interest and called on the Authority to improve the way in which it applies its rules and procedures in future ‘revolving door’ cases; stresses, moreover, that the Ombudsman also observed that negotiations by a serving member of staff concerning a future job which could amount to a ‘revolving door’ situation would themselves constitute a conflict of interest and recommended that the Authority should strengthen its rules and procedures accordingly; calls on the Authority to inform the discharge authority of the concrete measures adopted, and their respective deadlines, to properly address the conclusions of the Ombudsman;

               27.

               Once more, urges the Authority to take appropriate measures in cases of conflict of interests and ‘revolving door’ cases, including when cases occur within the Management Board, and to inform both the discharge authority and the public promptly of the measures taken;

               28.

               Notes from its AAR that in 2010 the Authority took several initiatives in the area of prevention and management of conflict of interests:

                           —

                           the commissioning of an independent report to assess the implementation by the Authority of its 2007 policy on declaration of interests,

                           —

                           the commissioning of an independent report to benchmark the Authority’s independence system against those of both national and international peer organisations,

                           —

                           the conclusion of an external independent review of its declaration of interest assessments;

               29.

               Welcomes the fact that the Authority has adopted a new definition of conflicts of interests, based on the OECD definition, but warns that further improvements are necessary to strengthen the Authority’s policy on independence; stresses in particular that the criteria that define a conflict of interests should be clarified and widened, and include current and recent past activities;

               30.

               Takes note from the Authority that a review of its policy on declarations of interest took place in 2011 and that its Management Board adopted a new policy on independence and scientific decision-making processes;

               31.

               Observes that the Authority is repeatedly challenged over alleged cases of conflicts of interest involving members of the experts’ panels, especially in the case of the panels on ‘Food additives and nutrient sources added to food’ (ANS) and ‘Genetically modified organisms’ (GMO); underlines that eight of the Authority’s panels and its scientific committee were due for renewal in March 2012 and that the Authority’s capability of implementing the new policy is under scrutiny; calls therefore on the Authority to inform the discharge authority in writing by 30 June 2012 of the steps undertaken to implement the new policy on independence and scientific decision-making processes and to conform to the OECD definition of conflict of interest when renewing its panels and its scientific committee; at the same time, calls on the Authority to inform the discharge authority of the new composition of the panels and of the scientific committee by 30 June 2012;

               32.

               Takes note of the revision of the Authority’s procedures in December 2010 to ensure the implementation of the obligations deriving from Article 16(2), and Articles 17 and 19 of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (7); was informed that in 2010, 20 staff members left the Authority, all of whom received a letter on departure reminding them of their obligations vis-à-vis the Authority; calls on the Authority to further improve the way in which it applies its rules and procedures to avoid the ‘revolving door’ cases recently highlighted by the European Ombudsman; considers that any problems with the enforcement of staff rules and declarations of interests undermine the Authority’s credibility;

               33.

               Notes that the Authority has been audited by the Court of Auditors in the framework of the Special Report on conflicts of interest management in the Union Agencies and acknowledges from the Court of Auditors that the Special Report is due to be published by the end of June 2012;

               34.

               Acknowledges from the Special Report that the Commission is considering a modification of the future funding of the Authority and proposed that the discharge authority and the Council consider a partial fee-based financing structure for the Authority; notes that the Commission is conducting an impact assessment on the matter; expresses, however, concerns that the new funding scheme proposed by the Commission could affect the independence of the Authority;

      Performance

               35.

               Notes from its AAR that a review of its efficiency, led by external consultants, began in 2010 with the launch of the e3 programme; acknowledges that the inception phase of the programme concerned the establishment of the programme portfolio, structure and governance in preparation for the structural reorganisation that would be implemented in 2011; invites the Authority to inform the discharge authority of the conclusions drawn by the review and of the measures it has adopted and implemented to address them;

               36.

               Welcomes the Authority’s plans to enhance its medium-term planning with a view to better involving the Member States in the Authority’s work and better pool its resources across Europe; supports the Authority in strengthening its cooperation with Member States in the area of risk assessment;

               37.

               Underlines the need for the Authority to ensure that its advice is of a high quality and is independent, in order to guarantee compliance with Union safety standards, scientific excellence and independence on all matters with a direct or indirect impact on food and feed safety, and plant protection; recommends, particularly in the interests of transparency, measures to further foster and monitor internal rules on declarations of interest by staff of the Authority and by experts working for the Authority;

               38.

               Considers that the main tasks of the Authority are the provision of independent scientific advice on matters with a direct or indirect impact on food safety, the conduct of risk assessments to provide Union institutions, Member States and policy-making bodies with a sound scientific basis for defining policy-driven legislative or regulatory measures and the collection and analysis of scientific data;

      Internal audit

               39.

               Acknowledges that six ‘very important’ recommendations from the IAS still need to be implemented and that three of them have already been delayed for over 12 months; notes in particular that these delays concern: information security management, the contract renewal process and transparency of decision-making, and filing and archiving policy; calls, therefore, on the Authority to rapidly address these deficiencies, and to inform the discharge authorities of the results achieved;

               40.

               Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

               41.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (8) on the performance, financial management and control of the Agencies.

      (1)  OJ C 366, 15.12.2011, p. 106.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 31, 1.2.2002, p. 1.

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

      (5)  OJ L 250, 27.9.2011, p. 162.

      (6)  OJ L 64, 12.3.2010, p. 991.

      (7)  OJ L 56, 4.3.1968, p. 1.

      (8)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).


title: 2006/842/EC: Decision of the European Parliament of 27 April 2006 on the discharge for the implementation of the budget of the European Maritime Safety Agency for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/123

      DECISION OF THE EUROPEAN PARLIAMENT

   of 27 April 2006
   on the discharge for the implementation of the budget of the European Maritime Safety Agency for the financial year 2004
   (2006/842/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Maritime Safety Agency for the financial year 2004, together with the Agency's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0103/2006),

               1.

               Grants discharge to the Executive Director of the European Maritime Safety Agency for the implementation of the Agency's budget for the financial year 2004;

               2.

               Sets out its comments in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution that forms an integral part of it to the Executive Director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).

            The President

         Joseph BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 9.

      (2)  OJ C 332, 28.12.2005, p. 30.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation (EC) No 724/2004 (OJ L 129, 29.4.2004, p. 1).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).


European Parliament decision on the request for waiver of the immunity of Mr Karl-Heinz Florenz (2002/2200(IMM))


Avis juridique important

|

31990D0359

90/359/EEC: Decision of the European Parliament of 3 April 1990 granting discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its appropriations for the 1988 financial year

Official Journal L 174 , 07/07/1990 P. 0059 - 0060

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 3 April 1990  granting discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its appropriations for the 1988 financial year  (90/359/EEC)  THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community and in particular Article 206b thereof,  - having regard to the revenue and expenditure accounts of the European Foundation for the Improvement of Living and Working Conditions for the 1988 financial year and the report of the Court of Auditors on these accounts,  - having regard to the Council Decision of 12 March 1990 (DOC C3 - 85/90),  - having regard to the report of the Committee on Budgetary Control (Doc. A3-69/90),  1. Notes the following figures for the accounts of the European Foundation for the Improvement of Living and Working Conditions:  1988 Financial year (in ecus)  Revenue 6 507 935,03  1. Subsidy from the Commission 6 385 990,78  2. Bank interest 57 215,21  3. Other 64 789,04  Expenditure  1. Final budget appropriations 6 900 000,00  2. Commitments 6 707 024,12  3. Unused appropriations (1-2) 192 975,88  4. Payments 5 253 399,02  5. Cary-overs from 1987 to 1988 1 593 544,91  6. Payments against appropriations carried over 1 373 908,09  7. Appropriations carried over and cancelled (5-6) 219 636,82  8. Carry-overs from 1988 to 1989 1 453 625,10  9. Cancellations (1-4-8) 192 975,88  2. Calls for modification without delay of the Foundation's Financial Provisions as required by the revised Financial Regulation applicable to the general budget of the European Communities;  3. Notes the Court of Auditors' recommendation that the Foundation should move to a system of analytical accounting by research objectives and requests that the Foundation conduct a pilot exercise to ascertain the usefulness of such a method of accounting;  4. Welcomes the comprehensive report submitted by the Foundation in response to the decision granting discharge in respect of the 1987 financial year;  5. Looks forward to a recommendation from the Administrative Board as regards the most suitable division between printing in-house and printing by outside contract; 6. Grants discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions, on the basis of the report of the court of Auditors, in respect of the accounts for the 1988 financial year;  7. Instructs its President to communicate this Decision to the Administrative Board 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 its publication in the Official Journal of the European Communities (L series).  Done at Strasbourg, 3 April 1990.  1.2 // The Secretary-General   // The President   // Enrico VINCI   // Enrique BARON CRESPO


title: 2006/403/EC: Council Decision of  25 April 2006  establishing the position to be adopted on behalf of the Community with regard to a proposal for amendment of Appendix A to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes

text:
               9.6.2006

               EN

               Official Journal of the European Union

               L 156/12

      COUNCIL DECISION

   of 25 April 2006
   establishing the position to be adopted on behalf of the Community with regard to a proposal for amendment of Appendix A to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes
   (2006/403/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 175(1), in conjunction with the second subparagraph of Article 300(2),
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Community is a Party to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes (1) (hereinafter referred to as the Convention).

               (2)

               Appendix A to the Convention contains guidelines for accommodation and care of animals.

               (3)

               Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (2) implements the Convention, including its Appendix A, under Community law, except for certain aspects such as those relating to animals used in education and training.

               (4)

               The Community is a Party to the Protocol of Amendment to the Convention (3) which establishes a simplified procedure for the amendment of appendices to the Convention.

               (5)

               In accordance with Article 31 of the Convention — as amended by the Protocol of Amendment — any amendment to Appendix A enters into force 12 months after its adoption by a two-thirds majority of the Parties at a multilateral consultation, unless one third of the Parties have notified objections.

               (6)

               In the absence of any specific provision relating to the situation of the Community, it is understood that, unlike in other environmental agreements, the Community and its Member States are expected to cast a vote. To the extent that Appendix A also covers issues falling under Member States’ competence, during the fourth multilateral consultation the Commission and Member States that are Parties to the Convention should cooperate closely to ensure unity in international representation of the Community.

               (7)

               The text of the revised Appendix A was agreed within the forum of the Working Party for the preparation of the fourth multilateral consultation of the Parties.

               (8)

               The revised Appendix A should be approved,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   At the fourth multilateral consultation of the Parties to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes, the Commission shall support on behalf of the Community the adoption of a revised Appendix A to the Convention containing guidelines for accommodation and care of animals.

      Done at Luxembourg, 25 April 2006.

            For the Council

            The President

         J. PRÖLL

      (1)  Council Decision 1999/575/EC of 23 March 1998 concerning the conclusion by the Community of the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes (OJ L 222, 24.8.1999, p. 29).

      (2)  OJ L 358, 18.12.1986, p. 1. Directive as amended by Directive 2003/65/EC of the European Parliament and of the Council (OJ L 230, 16.9.2003, p. 32).

      (3)  Council Decision 2003/584/EC of 22 July 2003 concerning the conclusion of the Protocol of Amendment to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes (OJ L 198, 6.8.2003, p. 10).


title: Council Decision (CFSP) 2017/666 of 6 April 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

text:
               7.4.2017

               EN

               Official Journal of the European Union

               L 94/42

         COUNCIL DECISION (CFSP) 2017/666
   of 6 April 2017
   amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 May 2016, the Council adopted Decision (CFSP) 2016/849 (1) concerning restrictive measures against the Democratic People's Republic of Korea (the ‘DPRK’) which, inter alia, implemented United Nations Security Council Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016).

               (2)

               On 30 November 2016, the UN Security Council adopted Resolution 2321 (2016), expressing its gravest concern at the nuclear test conducted by the DPRK on 9 September 2016 in violation of the relevant UN Security Council Resolutions, further condemning the DPRK's ongoing nuclear and ballistic-missile activities and declaring them to be in serious violation of the relevant UN Security Council Resolutions, and determining that such activities continue to represent a clear threat to international peace and security in the region and beyond.

               (3)

               On 12 December 2016, the Council adopted conclusions strongly condemning the nuclear tests and multiple ballistic missile launches conducted by the DPRK in 2016 and declaring that they represent a serious threat to international peace and security and undermine the global non-proliferation and disarmament regime of which the Union has been a steadfast supporter for decades.

               (4)

               In the light of the DPRK's actions, which are considered to be a grave threat to international peace and security in the region and beyond, the Council has decided to impose additional restrictive measures.

               (5)

               The Council decided to expand the prohibition on investment in and with the DPRK to new sectors, namely, the conventional arms-related industry, metallurgy and metalworking, and aerospace.

               (6)

               The Council agreed to prohibit the provision of certain services to persons or entities in the DPRK. This prohibition relates to computer and related services, to services incidental to mining, to services incidental to manufacturing in the chemical, mining and refining industry, and to other prohibited areas for investment from the Union.

               (7)

               The Council calls again on the DPRK to re-engage in a credible and meaningful dialogue with the international community, in particular within the framework of the Six Party Talks, to cease its provocations, and to abandon all nuclear weapons and existing nuclear programmes in a complete, verifiable and irreversible manner.

               (8)

               Further action by the Union is needed in order to implement certain measures provided for in this Decision.

               (9)

               Decision (CFSP) 2016/849 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision (CFSP) 2016/849 is amended as follows:

               (1)

               in Article 11(2), point (a) is replaced by the following:

                           ‘(a)

                           the acquisition or extension of a participation in any entities in the DPRK, or DPRK entities or DPRK-owned entities outside the DPRK, that are engaged in activities involving the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related activities or programmes, conventional arms-related industry, or in activities in the sectors of mining, refining and chemical industries, metallurgy and metalworking, and aerospace, including the acquisition in full of such entities and the acquisition of shares or other securities of a participatory nature;’;

               (2)

               in Article 11(2), point (d) is replaced by the following:

                           ‘(d)

                           the provision of investment services that are directly or indirectly related to the activities referred to in points (a) to (c).’;

               (3)

               the following Chapter is inserted:
               ‘CHAPTER Va

                  RESTRICTIONS ON THE PROVISION OF SERVICES

               Article 22a
               1.   The provision of services incidental to mining and the provision of services incidental to manufacturing in the chemical, mining and refining industry, to the DPRK by nationals of Members States or from the territories of Member States shall be prohibited whether or not the services originate in the territories of Member States.
               2.   By way of derogation from paragraph 1, the competent authorities of the Member States may authorise the provision of services incidental to mining and the provision of services incidental to manufacturing in the chemical, mining and refining industry, insofar as such services are intended to be used exclusively for development purposes that directly address the needs of the civilian population or the promotion of denuclearisation.
               3.   The Union shall take the necessary measures to determine the relevant services to be covered by paragraphs 1 and 2.
               Article 22b
               The prohibition in Article 22a shall be without prejudice to the execution until 9 July 2017 of contracts concluded before 8 April 2017 or ancillary contracts necessary for the execution of such contracts.
               Article 22c
               1.   The provision of computer and related services to the DPRK by nationals of Member States or from the territories of Member States shall be prohibited, whether or not the services originate in the territories of the Member States.
               2.   Paragraph 1 shall not apply with respect to computer and related services provided exclusively for the use of a diplomatic or consular mission or an international organisation that enjoys immunities in accordance with international law.
               3.   Paragraph 1 shall not apply with respect to computer and related services provided exclusively for development purposes that directly address the needs of the civilian population or the promotion of denuclearisation by public bodies or by legal persons, entities or bodies that receive public funding from the Union or from Member States.
               4.   In cases not covered by paragraph 3, and by way of derogation from paragraph 1, Member States may grant an authorisation for the provision of computer and related services provided exclusively for development purposes that directly address the need of the civilian population or the promotion of denuclearisation.
               5.   The Union shall take the necessary measures to determine the relevant services to be covered by paragraph 1.
               Article 22d
               The prohibition in Article 22c shall be without prejudice to the execution until 9 July 2017, of contracts concluded before 8 April 2017 or ancillary contracts necessary for the execution of such contracts.’.

         Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 6 April 2017.

            For the Council

            The President

         L. GRECH

      (1)  Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79).


title: Council Decision (CFSP) 2015/1838 of 12 October 2015 amending Decision 2013/391/CFSP in support of the practical implementation of United Nations Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery

text:
               13.10.2015

               EN

               Official Journal of the European Union

               L 266/96

         COUNCIL DECISION (CFSP) 2015/1838
   of 12 October 2015
   amending Decision 2013/391/CFSP in support of the practical implementation of United Nations Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 22 July 2013, the Council adopted Decision 2013/391/CFSP (1).

               (2)

               Decision 2013/391/CFSP sets out for projects referred to therein (‘the projects’) an implementation period of 24 months from the date of the conclusion of a financing agreement between the Commission and the UN Secretariat (Office for Disarmament Affairs).

               (3)

               On 4 June 2015, the implementing agency, namely the UN Office for Disarmament Affairs (UNODA), requested the authorisation of the Union for the extension of the implementation period until 25 April 2016 in order to allow for the continuation of the implementation of the projects beyond the initial expiry date.

               (4)

               In its request of 4 June 2015, UNODA stated that the continuation of the projects could be performed without any resource implication.

               (5)

               Decision 2013/391/CFSP should therefore be extended to allow for the full implementation of the projects,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2013/391/CFSP is hereby amended as follows:

               (1)

               in Article 5, paragraph 2 is replaced by the following:
               ‘2.   This Decision shall expire on 25 April 2016.’;

               (2)

               in the Annex, point 6 is replaced by the following:
               ‘6.   DURATION
               This Decision will expire on 25 April 2016.’.

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

      Done at Luxembourg, 12 October 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2013/391/CFSP of 22 July 2013 in support of the practical implementation of United Nations Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery (OJ L 198, 23.7.2013, p. 40).


title: Decision (EU) 2016/1489 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the Office of the Body of European Regulators for Electronic Communications for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/173

         DECISION (EU) 2016/1489 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the Office of the Body of European Regulators for Electronic Communications for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2014, together with the Office's reply (1),

               —

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

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Management Committee of the Office of the Body of European Regulators for Electronic Communications in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0090/2016),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (4), and in particular Article 13 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0093/2016),

               1.

               Grants the Management Committee of the Office of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Body’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Management Committee of the Office of the Body of European Regulators for Electronic Communications, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 27.

      (2)  See footnote 1.

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

      (4)  OJ L 337, 18.12.2009, p. 1.

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

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


title: 2008/917/EC: Council Decision of 1 December 2008 appointing one Danish member and one alternate member of the Committee of the Regions

text:
               9.12.2008

               EN

               Official Journal of the European Union

               L 330/18

      COUNCIL DECISION

   of 1 December 2008
   appointing one Danish member and one alternate member of the Committee of the Regions
   (2008/917/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Danish Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               One member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Bo ANDERSEN. One alternate member’s seat becomes vacant following the appointment of Mr Jens Arne HEDEGAARD JENSEN as a member of the Committee of the Regions,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               (a)

               as member:
               Mr Jens Arne HEDEGAARD JENSEN, Viceborgmester, Brønderslev Kommune (change of mandate);

               (b)

               as alternate member:
               Mr Bo ANDERSEN, Borgmester, Faaborg-Midtfyn Kommune (change of mandate).

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 1 December 2008.

            For the Council

            The President

         H. NOVELLI

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Decision (EU) 2017/1360 of the European Central Bank of 18 May 2017 amending Decision ECB/2014/40 on the implementation of the third covered bond purchase programme (ECB/2017/14)

text:
                  21.7.2017

                  EN

                  Official Journal of the European Union

                  L 190/22

            DECISION (EU) 2017/1360 OF THE EUROPEAN CENTRAL BANK
      of 18 May 2017
      amending Decision ECB/2014/40 on the implementation of the third covered bond purchase programme (ECB/2017/14)
      THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
      Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
      Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,
      Whereas:

                  (1)

                  Decision ECB/2014/40 (1) established the third covered bond purchase programme (hereinafter the ‘CBPP3’). Alongside the asset-backed securities purchase programme, the secondary markets public sector asset purchase programme and the corporate sector purchase programme, the CBPP3 is part of the expanded asset purchase programme (APP). The APP aims to further enhance the transmission of monetary policy, facilitate the provision of credit to the euro area economy, ease borrowing conditions for households and firms and contribute to returning inflation rates to levels below but close to 2 % over the medium term, consistent with the primary objective of the European Central Bank (ECB) of maintaining price stability.

                  (2)

                  Achieving a single monetary policy, including through the APP, entails defining the tools, instruments and procedures to be used by the Eurosystem, in order to implement such a policy in a uniform manner throughout the Member States whose currency is the euro.

                  (3)

                  The Governing Council decided on 22 March 2017 to further refine the rules applicable to covered bond issuers which are wind-down entities to ensure their consistent treatment in the Eurosystem's monetary policy through the APP.

                  (4)

                  Therefore, Decision ECB/2014/40 should be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Amendment
      In Article 2 of Decision ECB/2014/40, the following point 8 is added:

                     ‘8.

                     The issuer of the covered bonds is not an entity, whether publicly or privately owned, that: (a) has as its main purpose the gradual divestment of its assets and the cessation of its business; or (b) is an asset management or divestment entity established to support financial sector restructuring and/or resolution, including asset management vehicles resulting from a resolution action in the form of the application of an asset separation tool pursuant to Article 26 of Regulation (EU) No 806/2014 of the European Parliament and of the Council (*1) or national legislation implementing Article 42 of Directive 2014/59/EU of the European Parliament and of the Council (*2).

      Article 2
      Entry into force
      This Decision shall enter into force on 21 July 2017.

         Done at Frankfurt am Main, 18 May 2017.

               For the Governing Council of the ECB

               The President of the ECB

            Mario DRAGHI

         (1)  Decision ECB/2014/40 of 15 October 2014 on the implementation of the third covered bond purchase programme (OJ L 335, 22.11.2014, p. 22).


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41985D0357

85/357/ECSC, EEC, Euratom: Decision of the representatives of the Governments of the Member States of the European Communities of 16 July 1985 appointing a judge and an advocate-general to the Court of Justice

Official Journal L 191 , 23/07/1985 P. 0045 - 0045

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES  of 16 July 1985  appointing a judge and an advocate-general to the Court of Justice  (85/357/ECSC, EEC, Euratom)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32b thereof,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 167 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,  Whereas the Decision of 19 June 1985 appointing judges and advocates-general to the Court of Justice should be supplemented by the appointment of a judge and an advocate-general;  Whereas, as far as the advocate-general is concerned, the person appointed will not be able to take up his duties before 1 January 1986,  HAS DECIDED AS FOLLOWS:  Sole Article  1. Mr Fernand Schockweiler is hereby appointed Judge of the Court of Justice for the period from 7 October 1985 to 6 October 1991 inclusive.  2. Mr Jean Mischo is hereby appointed Advocate-General of the Court of Justice for the period from 1 January 1986 to 6 October 1991 inclusive.  Done at Brussels, 16 July 1985.  The President  M. FISCHBACH


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32001D0381

2001/381/EC: Commission Decision of 16 May 2001 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain aluminium foil originating in the People's Republic of China and Russia (notified under document number C(2001) 1446)

Official Journal L 134 , 17/05/2001 P. 0067 - 0068

Commission Decisionof 16 May 2001accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain aluminium foil originating in the People's Republic of China and Russia(notified under document number C(2001) 1446)(2001/381/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1) (the " basic Regulation"), as last amended by Regulation (EC) No 2238/2000(2), and in particular Articles 8 and 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) On 18 February 2000, the Commission announced by a notice published in the Official Journal of the European Communities(3) the initiation of an anti-dumping proceeding with regard to imports into the Community of certain aluminium foil originating in the People's Republic of China ("the PRC") and Russia.(2) Given the need to further examine certain aspects of dumping as well as the impact on the Community industry of the imports concerned, no provisional anti-dumping measures were imposed, additional information was requested and the investigation was continued.(3) The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 950/2001(4) imposing definitive anti-dumping duties on imports of certain aluminium foil originating in the PRC and Russia.B. UNDERTAKING(4) The sole exporting producer in Russia and its related companies involved in the production, trade and importation into the Community of the product concerned offered an undertaking. According to this undertaking, these companies have offered to sell the product concerned to their unrelated customers in the Community at a minimum price.(5) The Commission considers that the undertaking offered by the Russian company, Joint Stock Company "United Company Siberian Aluminium", Studencheskaya Street, 33/4, Moscow, Russia, and its related companies, namely the production company Sayan Foil, Sayanagorsk, Russia, the export sales company Rual Trade Limited, Suites 7B &  8B, 50 Town Range, Gibraltar and the importing company Sibirsky Aluminium GmbH, Graf-Adolf-Platz 1-2, D-40213, Düsseldorf, can be accepted since it eliminates the injurious effects of dumping. Moreover, the regular and detailed reports which these companies undertook to provide to the Commission and the structure of their sales of the product concerned will allow effective monitoring such that the Commission considers that the risk of circumvention of the undertaking will be limited.(6) In order to ensure the effective respect and monitoring of the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty should be conditional upon presentation of a commercial invoice containing the information listed in the Annex to Regulation (EC) No 950/2001 which is necessary for customs to ascertain that shipments correspond to the commercial documents at the required level of detail. Where no such invoice is presented, or when it does not correspond to the product concerned presented to customs, the appropriate rate of anti-dumping duty should instead be payable.(7) In the event of a suspected breach, breach or withdrawal of the undertaking an anti-dumping duty may be imposed, pursuant to Article 8(9) and (10) of the basic Regulation,HAS ADOPTED THIS DECISION:Article 1The undertaking offered by Joint Stock Company "United Company Siberian Aluminium", Studencheskaya Street, 33/4, Moscow, Russia, Sayan Foil, Sayanagorsk, Russia, Rual Trade Limited, Suites 7B &  8B, 50 Town Range, Gibraltar, and Sibirsky Aluminium GmbH, Graf-Adolf-Platz 1-2, D-40213, Düsseldorf, in the framework of the anti-dumping proceedings concerning imports of certain aluminium foil originating in the PRC and Russia is hereby accepted.Article 2This Decision shall enter into force the day after its publication in the Official Journal of the European Communities.This Decision shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 16 May 2001.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ C 45, 18.2.2000, p. 2.(4) See page 1 of this Official Journal.


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31999D0780

1999/780/EC, ECSC, Euratom: Decision of the European Parliament of 27 October 1999 appointing the Ombudsman of the European Union

Official Journal L 306 , 01/12/1999 P. 0032 - 0032

DECISION OF THE EUROPEAN PARLIAMENTof 27 October 1999appointing the Ombudsman of the European Union(1999/780/EC, ECSC, Euratom)THE EUROPEAN PARLIAMENT,Having regard to the European Community Treaty, and in particular Articles 21(2) and 195 thereof,Having regard to the European Coal and Steel Community Treaty, and in particular Article 20d thereof,Having regard to the European Atomic Energy Community Treaty, and in particular Article 107d thereof,Having regard to its Decision of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties(1),Having regard to Rule 177 of its Rules of Procedure,Having regard to the call for nominations of 31 July 1999(2),Having regard to the nominations forwarded pursuant to Article 6(2) of the regulations and general conditions governing the performance of the Ombudsman's duties and Rule 177(3) of the Parliament's Rules of Procedure,Having regard to the list of admissible nominations,Having regard to the hearings of the nominees in the committee responsible on 19 October 1999,Having regard to its vote of 27 October 1999,HAS DECIDED AS FOLLOWS:Sole ArticleMr Jacob Magnus Söderman has been appointed Ombudsman of the European Union.Done at Strasbourg, 27 October 1999.For the European ParliamentThe PresidentNicole FONTAINE(1) OJ L 113, 4.5.1994, p. 15.(2) OJ C 220, 31.7.1999, p. 29.