title: 2013/756/EU: Council Decision of 2 December 2013 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement with respect to the decisions implementing certain provisions of the Protocol Amending the Agreement on Government Procurement

text:
               14.12.2013

               EN

               Official Journal of the European Union

               L 335/32

         COUNCIL DECISION
   of 2 December 2013
   establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement with respect to the decisions implementing certain provisions of the Protocol Amending the Agreement on Government Procurement
   (2013/756/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The negotiations on the revision of the WTO Agreement on Government Procurement (1994 GPA) were launched in January 1999 pursuant to Article XXIV:7(b) and (c) of the 1994 GPA.

               (2)

               Negotiations have been conducted by the Commission in consultation with the Special Committee established by Article 207(3) of the Treaty on the Functioning of the European Union.

               (3)

               In the context of those negotiations, the negotiators on 30 March 2012 reached an agreement on a Protocol Amending the Agreement on Government Procurement (‘the Protocol’), as well as on seven decisions to be adopted by the Committee on Government procurement that would start the implementation of certain provisions of the Protocol immediately upon its entry into force. Those decisions are the following: (i) Decision of the Committee on Government Procurement on Notification requirements under Articles XIX and XXII of the Agreement; (ii) Decision of the Committee on Government procurement on adoption of work programmes; (iii) Decision of the Committee on Government procurement on a Work programme on SMEs; (iv) Decision of the Committee on Government Procurement on a work programme on collection and reporting of statistical data; (v) Decision of the Committee on Government Procurement on a work programme on sustainable procurement; (vi) Decision of the Committee on Government Procurement on a work programme on exclusions and restriction in parties’ Annexes; (vii) Decision on a work programme on safety standards in International Procurement; (hereafter referred to collectively as ‘the Decisions’).

               (4)

               The procedure for giving effect to the agreement reached on 30 March 2012 requires that the Committee on Government Procurement, at its first meeting following the entry into force of the Protocol, take a decision confirming the adoption of the Decisions and their entry into force as of the date of entry into force of the Protocol.

               (5)

               In so far as the Decisions facilitate the implementation of principles of the 1994 GPA as revised, and contribute to the elimination of discriminatory practices, the adoption of the Decisions will facilitate the further opening-up of government procurement.

               (6)

               It is appropriate to establish the position to be taken on the Union’s behalf within the Committee on Government Procurement in relation to the Decisions implementing certain provisions of the Protocol,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the European Union within the Committee on Government Procurement is to confirm the adoption of the following decisions:

               (i)

               Decision of the Committee on Government Procurement on Notification requirements under Articles XIX and XXII of the Agreement;

               (ii)

               Decision of the Committee on Government procurement on adoption of work programmes;

               (iii)

               Decision of the Committee on Government procurement on a Work programme on SMEs;

               (iv)

               Decision of the Committee on Government Procurement on a work programme on the collection and reporting of statistical data;

               (v)

               Decision of the Committee on Government Procurement on a work programme on sustainable procurement;

               (vi)

               Decision of the Committee on Government Procurement on a work programme on exclusions and restriction in parties’ Annexes;

               (vii)

               Decision on a work programme on safety standards in International Procurement;

         and to agree to the entry into effect of those decisions as of the date of entry into force of the Protocol amending the 1994 GPA.
   This position shall be expressed by the Commission.
   The text of the decisions is attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 2 December 2013.

            For the Council

            The President

         E. GUSTAS

      ANNEX

                  Annex A

               Decision of the Committee on Government Procurement on Notification Requirements under Articles XIX and XXII of the Agreement …

                  Annex B

               Decision of the Committee on Government Procurement on Adoption of Work Programmes …

                  Annex C

               Decision of the Committee on Government Procurement on a Work Programme on SMEs …

                  Annex D

               Decision of the Committee on Government Procurement on a Work Programme on the Collection and Reporting of Statistical Data …

                  Annex E

               Decision of the Committee on Government Procurement on a Work Programme on Sustainable Procurement …

                  Annex F

               Decision of the Committee on Government Procurement on a Work Programme on Exclusions and Restrictions in Parties’ Annexes …

                  Annex G

               Decision of the Committee on Government Procurement on a Work Programme on Safety Standards in International Procurement …

         ANNEX A

            Decision of the Committee on Government Procurement on Notification Requirements under Articles XIX and XXII of the Agreement
            Decision of 30 March 2012
            THE COMMITTEE ON GOVERNMENT PROCUREMENT,
            CONSIDERING the importance of transparency of laws and regulations relevant to this Agreement, including changes thereto as required by Article XXII:5 of the Agreement;
            CONSIDERING also the importance of maintaining accurate lists of entities covered under a Party’s Annexes to Appendix I of the Agreement, in accordance with Article XIX of the Agreement;
            ACKNOWLEDGING the challenges to Parties of submitting timely notifications to the Committee of changes to their laws and regulations relevant to the Agreement, as required by Article XXII:5 of the Agreement, and of proposed rectifications to its Annexes to Appendix I, as required by Article XIX:1 of the Agreement;
            CONSIDERING that the provisions of Article XIX of the Agreement distinguish between notifications of proposed rectifications that do not change the mutually agreed coverage provided for in the Agreement and other types of proposed modifications of its Annexes to Appendix I;
            RECOGNISING that technological changes have allowed many Parties to make use of electronic means to provide information on their government procurement regimes and to notify Parties of changes to that regime;
            HEREBY DECIDES AS FOLLOWS:

               Annual Notifications of Changes in Laws and Regulations

                        1.

                        Where a Party maintains officially designated electronic media that provide links to its current laws and regulations relevant to this Agreement and its laws and regulations are available in one of the WTO official languages, and such media are listed in Appendix II, the Party may fulfil the requirement in Article XXII:5 by notifying the Committee annually, at the end of the year, of any changes unless such changes are substantive, that is, they may affect the Party’s obligations under the Agreement; and in such cases, a notification shall be made immediately.

                        2.

                        The Parties shall have an opportunity to discuss the annual notification of a Party during the first informal meeting of the Committee in the following year.

               Proposed Rectifications of a Party’s Annexes to Appendix 1

                        3.

                        The following changes to a Party’s Annexes to Appendix I shall be considered a rectification under Article XIX of the Agreement:

                                    (a)

                                    a change in the name of an entity;

                                    (b)

                                    merger of two or more entities listed within an Annex; and

                                    (c)

                                    the separation of an entity listed in an Annex into two or more entities that are all added to the entities listed in the same Annex.

                        4.

                        In the case of proposed rectifications to a Party’s Annexes under Appendix I covered under paragraph 3, the Party shall notify the Committee every two years, commencing with the entry into force of the Protocol of Amendment to the Existing (1994) Agreement.

                        5.

                        A Party may notify the Committee of an objection to a proposed rectification within 45 days from the date of the circulation to the Parties of the notification. In accordance with Article XIX:2, where a Party submits an objection, it shall set out the reasons for the objection, including the reasons why it believes the proposed rectification would affect the mutually agreed coverage under the Agreement and therefore the proposed rectification is not subject to paragraph 3. If there is no written objection, the proposed rectifications become effective 45 days after the circulation of the notification, as provided for in Article XIX:5(a).

                        6.

                        Within four years of the adoption of this Decision, the Parties shall review its operation and effectiveness, and make any necessary adjustments.

         ANNEX B

            Decision of the Committee on Government Procurement on Adoption of Work Programmes
            Decision of 30 March 2012
            THE COMMITTEE ON GOVERNMENT PROCUREMENT,
            NOTING that pursuant to Article XXII:8(b), the Committee may adopt a decision listing additional work programmes, which the Committee shall undertake to facilitate the implementation of the Agreement and the negotiations provided for in Article XXII:7 of the Agreement;
            DECIDES AS FOLLOWS:

                        1.

                        The following work programmes are added to the list of work programmes on which the Committee shall conduct future work:

                                    (a)

                                    a review of the use, transparency and the legal frameworks of public-private partnerships, and their relationship to covered procurement;

                                    (b)

                                    the advantages and disadvantages of developing common nomenclature for goods and services; and

                                    (c)

                                    the advantages and disadvantages of developing standardised notices.

                        2.

                        The Committee shall develop the scope and timetable for each such work programme at a later date.

                        3.

                        The Committee shall periodically review this list of programmes and make appropriate adjustments.

         ANNEX C

            Decision of the Committee on Government Procurement on a Work Programme on SMEs
            Decision of 30 March 2012
            THE COMMITTEE ON GOVERNMENT PROCUREMENT,
            NOTING that Article XXII:8(a) of the Agreement on Government Procurement (Agreement) provides that the Parties shall adopt and periodically review a work programme, including a work programme on small and medium-sized enterprises (SMEs);
            RECOGNISING the importance of facilitating the participation of SMEs in government procurement; and
            RECOGNISING that Parties have agreed in Article XXII:6 to seek to avoid introducing or continuing discriminatory measures that distort open procurement;
            HEREBY ADOPTS THE FOLLOWING WORK PROGRAMME WITH RESPECT TO SMES:
            1.   Initiation of Work Programme on SMEs

            At the first meeting of the Committee after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Committee shall initiate a Work Programme on SMEs. The Committee shall review measures and policies for SMEs that the Parties use to assist, promote, encourage, or facilitate participation by SMEs in government procurement and prepare a report of the results of the review.
            2.   Avoidance of Discriminatory SME Measures

            The Parties shall avoid introducing discriminatory measures that favour only domestic SMEs and shall discourage the introduction of such measures and policies by acceding Parties.
            3.   Transparency Programme and SME Survey

            3.1.   Transparency Programme

            Upon entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Parties that maintain in their Appendix I specific provisions on SMEs, including set-asides, shall notify the Committee of such measures and policies. The notification should include a full description of the measures and policies, their relevant legal framework together with their operation and the value of the procurement subject to such measures. In addition, those Parties shall notify the Committee of any substantial change in such measures and policies, in accordance with Article XXII:5 of the Agreement.
            3.2.   SME Survey

                        (a)

                        The Committee shall survey the Parties, through the use of a questionnaire seeking information regarding the measures and polices used to assist, promote, encourage, or facilitate participation by SMEs in government procurement. The questionnaire should seek information from each Party regarding:

                                    (i)

                                    a description of the measures and policies used by the Party, including the economic, social, and other goals of the measures and policies and how they are administered;

                                    (ii)

                                    how the Party defines SMEs;

                                    (iii)

                                    the extent to which the Party has specialised agencies or institutions to assist SMEs with respect to government procurement;

                                    (iv)

                                    the level of participation in government procurement in terms of both value and number of contracts awarded to SMEs;

                                    (v)

                                    a description of SME subcontracting measures and policies, including subcontracting goals, guarantees, and incentives;

                                    (vi)

                                    facilitation of SMEs participation in joint bidding (with other large or small suppliers);

                                    (vii)

                                    measures and policies focused on providing opportunities for SMEs to participate in government procurement (such as enhanced transparency and availability of government procurement information to SMEs; simplifying qualifications for participation in tendering; reducing contract sizes; and ensuring timely payments for deliveries of goods and services); and

                                    (viii)

                                    the use of government procurement measures and policies to stimulate SME innovation.

                        (b)

                        Compilation of SME Survey by the WTO Secretariat
                        The WTO Secretariat shall fix a deadline for the transmission of the responses to the questionnaire by all Parties to the WTO Secretariat. Upon receipt of the responses, the Secretariat shall prepare a compilation of the responses and circulate the responses and the compilation to the Parties. The Secretariat shall include a list of Parties with outstanding responses.

                        (c)

                        Exchanges among Parties of Responses to SME Questionnaires
                        On the basis of the document prepared by the WTO Secretariat, the Committee shall establish a period for the exchange of questions, requests for additional information, and comments on the responses of the other Parties.

                  4.   Assessment of the Results of SME Survey and Implementation of Its Outcome

            4.1.   Assessment of the Results of SME Survey

            The Committee shall identify the measures and policies that it considers to be best practices for promoting and facilitating the participation of SMEs of the Parties in government procurement and prepare a report that includes the best practices of the measures and policies and a list of the other measures.
            4.2.   Implementation of the Outcome of the SME Survey

                        (a)

                        The Parties shall promote the adoption of the best practices identified in the assessment of the survey to encourage and facilitate participation of SMEs of the Parties in government procurement.

                        (b)

                        With respect to other measures, the Committee shall encourage the Parties that maintain such measures to review them with a view to eliminating them or applying them to the SMEs of the other Parties. These Parties shall inform the Committee about the outcome of the review.

                        (c)

                        The Parties that maintain other measures shall include the value of the procurement subject to such measures in the statistics that they submit to the Committee pursuant to Article XVI:4 of the Agreement.

                        (d)

                        Parties may request the inclusion of such other measures in future negotiations under Article XXII:7 of the Agreement, and such requests shall be favourably considered by the Party maintaining such measures.

                  5.   Review

            Two years after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Committee shall review the effect of the best practices on expanding the participation of SMEs of the Parties in government procurement, and consider whether other practices would further enhance participation by SMEs. It may also consider the effect of other measures on the participation by SMEs of the other Parties in the government procurement of the Parties maintaining such measures.

         ANNEX D

            Decision of the Committee on Government Procurement on a Work Programme on the Collection and Reporting of Statistical Data
            Decision of 30 March 2012
            THE COMMITTEE ON GOVERNMENT PROCUREMENT,
            NOTING that Article XXII:8(a) of the Agreement on Government Procurement (Agreement) provides that the Parties shall adopt and periodically review a work programme, including a work programme on the collection and reporting of statistical data;
            CONSIDERING the importance of the collection and reporting of statistical data, as required by Article XVI:4 of the Agreement on Government Procurement (Agreement), in providing transparency of procurement covered under the Agreement;
            CONSIDERING that statistical data that illustrate the extent to which the Parties procure goods and services covered by the Agreement from other Parties to the Agreement could be an important tool in encouraging other WTO Members to accede to the Agreement;
            RECOGNISING the overall challenges of Parties to the Agreement in collecting data in the area of government procurement and in particular in determining the country of origin of the goods and services that they procure under the Agreement; and
            RECOGNISING that Parties use different methodologies in their collection of statistics to meet the reporting requirements in Article XVI:4 of the Agreement, and may use different methodologies in the collection of data for central government entities and sub-central government entities;
            HEREBY ADOPTS THE FOLLOWING WORK PROGRAMME WITH RESPECT TO THE COLLECTION AND REPORTING OF STATISTICAL DATA:
            1.   Initiation of Work Programme on the Collection and Reporting of Statistical Data

            At the first meeting of the Committee after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Committee shall initiate a Work Programme on the Collection and Reporting of Statistical Data. The Committee shall review the collection and reporting of statistical data by the Parties, consider the potential of harmonising them, and prepare a report of the results.
            2.   Submission of Data by the Parties

            The Committee shall agree on a date by which each Party shall submit to the Committee the following information with respect to statistical data on procurement covered by the Agreement:

                        (a)

                        a description of the methodology that it uses to collect, evaluate, and report statistical data, above and below Agreement thresholds and for procurement described in paragraph 4.2(c) of the SME Work Programme, including whether it bases the data on procurement covered by the Agreement on the full value of awarded contracts or the total expenditure for procurement in a given time-frame;

                        (b)

                        whether the statistical data that it collects includes the country of origin of the goods or services that are procured, and if so, how it determines or estimates the country of origin, and the technical impediments in collecting country of origin data;

                        (c)

                        an explanation of the classifications used in statistical reports; and

                        (d)

                        a description of the sources of data.

                  3.   Compilation of Submissions

            The Secretariat shall prepare a compilation of the submissions and circulate the submissions and the compilation to the Parties. The Secretariat shall include a list of Parties with outstanding submissions.
            4.   Recommendations

            The Committee shall review the submissions of the Parties and make recommendations on:

                        (a)

                        whether the Parties should adopt a common method for collection of statistics;

                        (b)

                        whether the Parties are able to standardise the classifications in the statistical data reported to the Committee;

                        (c)

                        means for facilitating the collection of country of origin of goods and services covered by the Agreement; and

                        (d)

                        other technical issues in government procurement data reporting raised by any Party.

                  5.   The Committee shall develop, as appropriate, recommendations relating to:

                        (a)

                        potential harmonisation of statistical reporting with the aim of including government procurement statistics in the annual reporting of the WTO;

                        (b)

                        the Secretariat’s provision of technical assistance relating to statistical reporting to WTO Members that are in the process of acceding to the Agreement; and

                        (c)

                        means of ensuring that WTO Members that are acceding to the Agreement have the appropriate means for complying with statistical data collection and reporting requirements.

                  6.   Analysis of data

            The Committee shall consider how the statistical data submitted to the Secretariat annually by Parties may be used for further analyses to facilitate greater understanding of the economic importance of the Agreement, including the impact of thresholds on the performance of the Agreement.

         ANNEX E

            Decision of the Committee on Government Procurement on a Work Programme on Sustainable Procurement
            Decision of 30 March 2012
            THE COMMITTEE ON GOVERNMENT PROCUREMENT,
            NOTING that Article XXII:8(a) of the Agreement on Government Procurement (Agreement) provides that the Parties shall adopt and periodically review a work programme, including a work programme on sustainable procurement;
            RECOGNISING that several Parties have developed national and sub-national sustainable procurement policies;
            AFFIRMING the importance of ensuring that all procurement is undertaken in accordance with the principles of non-discrimination and transparency as reflected in the Agreement;
            HEREBY ADOPTS A WORK PROGRAMME WITH RESPECT TO SUSTAINABLE PROCUREMENT:
            1.   Initiation of Work Programme on Sustainable Procurement

            At the first meeting of the Committee after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Committee shall initiate a Work Programme on Sustainable Procurement.
            2.   The work programme shall examine topics that include:

                        (a)

                        the objectives of sustainable procurement;

                        (b)

                        the ways in which the concept of sustainable procurement is integrated into national and sub-national procurement policies;

                        (c)

                        the ways in which sustainable procurement can be practiced in a manner consistent with the principle of ‘best value for money’; and

                        (d)

                        the ways in which sustainable procurement can be practiced in a manner consistent with Parties’ international trade obligations.

                  3.   The Committee shall identify measures and policies that it considers to be sustainable procurement practiced in a manner consistent with the principle of ‘best value for money’ and with Parties’ international trade obligations and prepare a report that lists the best practices of the measures and policies.

         ANNEX F

            Decision of the Committee on Government Procurement on a Work Programme on Exclusions and Restrictions in Parties’ Annexes
            Decision of 30 March 2012
            THE COMMITTEE ON GOVERNMENT PROCUREMENT,
            NOTING that Article XXII:8(a) of the Agreement on Government Procurement (Agreement) provides that the Parties shall adopt and periodically review a work programme, including a work programme on exclusions and restrictions in Parties’ Annexes;
            RECOGNISING that Parties have included exclusions and restrictions in their respective Annexes to Appendix I of the Agreement (exclusions and restrictions);
            RECOGNISING the importance of transparent measures regarding government procurement; and
            CONSIDERING the importance of progressively reducing and eliminating exclusions and restrictions in future negotiations provided for in Article XXII:7 of the Agreement;
            HEREBY ADOPTS THE FOLLOWING WORK PROGRAMME WITH RESPECT TO EXCLUSIONS AND RESTRICTIONS IN PARTIES’ ANNEXES:
            1.   Initiation of Work Programme on Exclusions and Restrictions

            At the first meeting of the Committee after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Committee shall initiate a Work Programme on Exclusions and Restrictions in Parties’ Annexes with the objectives of:

                        (a)

                        enhancing transparency with respect to the scope and effect of exclusions and restrictions specified in Parties’ Annexes to Appendix I to the Agreement; and

                        (b)

                        providing information relating to exclusions and restrictions to facilitate negotiations provided for in Article XXII:7 of the Agreement.

                  2.   Transparency Programme

            Each Party shall submit to the Committee, no later than six months following the initiation of the Work Programme, a list of:

                        (a)

                        country specific exclusions it maintains in its Annexes to Appendix I to the Agreement; and

                        (b)

                        any other exclusion or restriction specified in its Annexes to Appendix I to the Agreement that falls within the scope of Article II:2(e) of the Agreement, except for exclusions or restrictions under review in the Work Programme on SMEs or where a Party has a commitment to phase out an exclusion or restriction in an Annex to Appendix I to the Agreement.

                  3.   Compilation of Submissions

            The Secretariat shall prepare a compilation of the submissions and circulate the submissions and the compilation to the Parties. The Secretariat shall include a list of Parties with outstanding submissions.
            4.   Requests for Additional Information

            Any Party may periodically request additional information concerning any exclusion or restriction within the scope of paragraph 2(a) and (b), including measures that fall within the scope of any exclusion or restriction, their legal framework, implementation policies and practices and the value of the procurement subject to such measures. A Party receiving such a request shall promptly provide the requested information.
            5.   Compilation of Additional Information

            The Secretariat shall prepare a compilation of the additional information in respect of any Party and shall circulate it to the Parties.
            6.   Review by the Committee

            At the annual meeting provided for in Article XXI:3(a) of the Agreement, the Committee shall review the information submitted by Parties with the view to determining whether it provides:

                        (a)

                        the fullest possible degree of transparency with respect to the exclusions and restrictions specified in Parties’ Annexes to Appendix I to the Agreement; and

                        (b)

                        satisfactory information to facilitate the negotiations provided for in Article XXII:7 of the Agreement.

                  7.   New Party Acceding to the Agreement

            A new Party that accedes to the Agreement shall submit to the Committee the list in paragraph 2 within six months of its accession.

         ANNEX G

            Decision of the Committee on Government Procurement on a Work Programme on Safety Standards in International Procurement
            Decision of 30 March 2012
            THE COMMITTEE ON GOVERNMENT PROCUREMENT,
            NOTING that Article XXII:8(a) of the Agreement on Government Procurement (Agreement) provides that the Parties shall adopt and periodically review a work programme, including a work programme on safety standards in international procurement;
            NOTING that Article X:1 of the Agreement provides that procuring entities ‘shall not prepare, adopt or apply any technical specification with the purpose or the effect of creating unnecessary obstacles to international trade’;
            NOTING that Article III:2(a) of the Agreement does not prevent Parties from imposing or enforcing measures necessary to protect of public safety, provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustified discrimination or a disguised restriction on international trade;
            RECOGNISING the need for a balanced approach between public safety and unnecessary obstacles to international trade;
            RECOGNISING that diverging practices among the Parties as regards public safety may have an adverse effect on the performance of the Agreement;
            HEREBY ADOPTS THE FOLLOWING WORK PROGRAMME WITH RESPECT TO SAFETY STANDARDS:

                        1.

                        Initiation of Work Programme on Safety Standards in International Procurement: At the first meeting of the Committee after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Committee shall initiate a Work Programme on Safety Standards in International Procurement.

                        2.

                        The Work Programme shall examine topics with the view to sharing best practices on items that include:

                                    (a)

                                    The manner in which public safety concerns are addressed in legislation, regulations and practices of the Parties and guidelines relating to the implementation of the Agreement by procuring entities;

                                    (b)

                                    The relationship between the technical specifications provisions in Article X and protection of public safety in Article III of the Agreement and in the Parties’ Annexes to Appendix 1;

                                    (c)

                                    The best practices that may be adopted to protect public safety in light of the provisions on technical specifications and tender documentation in Article X.

                        3.

                        The Committee shall develop the scope and timetable for the examination of each topic identified in paragraph 2. The Committee shall prepare a report that summarises the outcome of its examination of these issues and lists the best practices identified in paragraph 2(c).


title: Council Decision (EU) 2016/342 of 12 February 2016 on the conclusion, on behalf of the Union, of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo *, of the other part

text:
                  16.3.2016

                  EN

                  Official Journal of the European Union

                  L 71/1

            COUNCIL DECISION (EU) 2016/342
      of 12 February 2016
      on the conclusion, on behalf of the Union, of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*), of the other part
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on European Union, and in particular Article 37 in conjunction with Article 31(1) thereof,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Articles 218(7), 218(6)(a)(i) and the second subparagraph of Article 218(8) thereof,
      Having regard to the proposal from the European Commission,
      Having regard to the consent of the European Parliament,
      Whereas:

                  (1)

                  In accordance with Council Decision (EU) 2015/1988 (1), the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, and Kosovo (‘the Agreement’), was signed on behalf of the Union on 22 October 2015 subject to its conclusion at a later date.

                  (2)

                  The Union and Kosovo have strong links and share values and a desire to strengthen those links and establish a close and lasting relationship based on reciprocity and mutual interest, which should allow Kosovo to further strengthen and extend its relations with the Union.

                  (3)

                  The ‘First agreement on principles governing the normalisation of relations’ was reached on 19 April 2013 in the framework of the EU-facilitated dialogue.

                  (4)

                  The Agreement provides for the establishment of an association between the Union and Kosovo involving reciprocal rights and obligations, common actions and special procedure. It also contains provisions falling within the scope of Chapter 2 of Title V of the Treaty on European Union (TEU) concerning the Common Foreign and Security Policy of the Union. The decision to conclude the Agreement should therefore be based on the legal basis providing for the establishment of an association allowing the Union to enter into commitments in all areas covered by the Treaties and on the legal basis for agreements in areas covered by Chapter 2 of Title V of the TEU.

                  (5)

                  This is an EU-only agreement. The commitments and cooperation to be entered into by the Union under this Agreement relate only to the areas covered by the EU acquis or existing Union policies. The signing and conclusion of this Agreement as an EU-only Agreement is without prejudice to the nature and scope of any similar agreements to be negotiated in the future. It is also without prejudice to the powers of the EU institutions conferred on them in the Treaties and the positions of EU institutions and Member States on competences. The Agreement provides for wide-ranging cooperation in various policy areas, including in justice and home affairs.

                  (6)

                  The conclusion of the Agreement is without prejudice to Member States’ position on the status of Kosovo, which will be decided in accordance with their national practice and international law.

                  (7)

                  In addition, none of the terms, wording or definitions used in this Decision and the attached text of the Agreement, nor any recourse to all the necessary legal bases for the conclusion of the Agreement, constitute recognition of Kosovo by the Union as an independent State nor does it constitute recognition by individual Member States of Kosovo in that capacity where they have not previously taken such a step.

                  (8)

                  The conclusion of the Agreement as regards matters falling under the competence of the European Atomic Energy Community is subject to a separate procedure.

                  (9)

                  The Agreement should be approved,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, and Kosovo is hereby approved on behalf of the Union for the parts falling under the TEU and the Treaty on the Functioning of the European Union.
      The text of the Agreement is attached to this Decision.
      Article 2
      The President of the Council shall, on behalf of the Union, give the notification provided for in Article 144 of the Agreement (2)

      Article 3
      1.   The Stabilisation and Association Council shall be chaired on the Union side by the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with his/her responsibilities pursuant to the Treaties and his/her capacity as President of the Foreign Affairs Council.
      The Stabilisation and Association Committee shall be chaired by a representative of the Commission.
      2.   The Commission shall be authorised to approve on behalf of the Union modifications to the Agreement where it provides for them to be adopted by the Stabilisation and Association Committee.
      Article 4
      This Decision is without prejudice to Member States’ and the Union’s position on the status of Kosovo.
      Article 5
      This Decision shall enter into force on the date of its adoption.

         Done at Brussels, 12 February 2016.

               For the Council

               The President

            J.R.V.A. DIJSSELBLOEM

         (*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

         (1)  OJ L 290, 6.11.2015, p. 4.

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


title: Decision No 602/2012/EU of the European Parliament and of the Council of 4 July 2012 on amendments to the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) extending the geographic scope of EBRD operations to the Southern and Eastern Mediterranean

text:
               7.7.2012

               EN

               Official Journal of the European Union

               L 177/1

         DECISION No 602/2012/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 4 July 2012
   on amendments to the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) extending the geographic scope of EBRD operations to the Southern and Eastern Mediterranean
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Acting in accordance with the ordinary legislative procedure (1),
   Whereas:

               (1)

               Since its establishment in 1991, the European Bank for Reconstruction and Development (EBRD) has assisted the Central and Eastern European countries in their transition towards open market economies and the promotion of private and entrepreneurial initiative. The geographic scope of EBRD operations should be extended to the Southern and Eastern Mediterranean in order to promote similar objectives. In response to the economic and political situation in countries of the Southern and Eastern Mediterranean, the EBRD has developed a phased approach to starting its activities that will take into consideration the specificity of the region.

               (2)

               According to the Report of the Board of Directors to the Board of Governors on the geographic expansion of the Bank’s region of operations to the Southern and Eastern Mediterranean, the Southern and Eastern Mediterranean consists of the countries that have a shoreline on the Mediterranean, as well as Jordan which is closely integrated into this region.

               (3)

               In response to the 2011 events in the Southern and Eastern Mediterranean, on 8 March 2011 the Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented a Joint Communication entitled ‘A Partnership for Democracy and Shared Prosperity with the Southern Mediterranean’ signalling the Union’s strong political and economic support to the region. The Joint Communication included an option to extend the EBRD’s mandate to cover the countries of the Southern Neighbourhood, building on the EBRD’s experience over the last 20 years. The European Council of 24 and 25 March 2011 broadly endorsed the contents of that Joint Communication. In its Resolution of 7 April 2011 on the review of the European Neighbourhood Policy – Southern Dimension, the European Parliament invited the EBRD to change its statute in order to participate in the financial assistance process.

               (4)

               In May 2011, the G8 leaders launched the Deauville Partnership to help the countries of the Southern and Eastern Mediterranean in their transition towards free, democratic and tolerant societies and called on the EBRD to extend its geographic scope in order to leverage its experience and support the transition of those countries to embrace the principles of multi-party democracy, pluralism and market economy.

               (5)

               The expansion of EBRD operations to the Southern and Eastern Mediterranean reflects support by the Union and the international community for the hope, encouraged by the Arab Spring, for a transition in that region towards market economies and pluralistic democratic societies.

               (6)

               Bearing in mind the fragility of the economies in the EBRD’s new countries of operation and the social inequalities which were one of the root causes of the turmoil of the Arab Spring, the representatives of the Union in the governing bodies of the EBRD should encourage the EBRD to broaden its focus on private-sector development, in order also to contribute, through its financing, to the achievement of socially and environmentally sustainable societies, as elaborated in the relevant Millennium Development Goals, and in line with Article 3(5) and Article 21 of the Treaty on European Union. In particular, the representatives of the Union in the governing bodies of the EBRD should encourage the EBRD’s contribution to the transition towards energy-efficient, socially inclusive, open market economies while taking into account the social, poverty, civil and human rights context.

               (7)

               By Resolutions 137 and 138, adopted on 30 September 2011, the Board of Governors of the EBRD voted in favour of the necessary amendments to the Agreement Establishing the EBRD (the ‘Agreement’), enabling it to expand the geographical scope of EBRD operations to the Southern and Eastern Mediterranean while maintaining its commitment to its existing countries of operation. All EU Governors of the EBRD, including the Governor representing the Union, voted in favour of those amendments.

               (8)

               By its Resolution 134, adopted on 21 May 2011, the Board of Governors of the EBRD stressed that the planned extension of the EBRD’s mandate should be achieved without requiring additional capital contributions from its shareholders.

               (9)

               Pursuant to Article 56 of the Agreement, the Board of Governors of the EBRD is to ask all members whether they accept the proposed amendments.

               (10)

               The representatives of the Union in the governing bodies of the EBRD should use their best endeavours to encourage the EBRD to monitor its operations closely, particularly in countries where there is a lack of political accountability, where civil and human rights are infringed or where high levels of corruption persist. Furthermore, the representatives of the Union in the governing bodies of the EBRD should use their best endeavours to ensure that the principles of prudential banking, transparency and anti-fraud, as invoked in Decision No 1219/2011/EU of the European Parliament and of the Council of 16 November 2011 concerning the subscription by the European Union to additional shares in the capital of the European Bank for Reconstruction and Development (EBRD) as a result of the decision to increase this capital (2), are taken into account in the activities of the EBRD in the new countries of operation.

               (11)

               In carrying out its activities in the Southern and Eastern Mediterranean, the representatives of the Union in the governing bodies of the EBRD should encourage the EBRD to continue its close engagement with the Union and collaboration with civil society, as well as to develop further its close cooperation with the European Investment Bank and other European and international public financing institutions, in order to make full use of their comparative advantages. The EBRD should also avoid duplicating the activities of such other public financing institutions.

               (12)

               Before the EBRD approves a potential new country of operation, it should make a detailed technical assessment of the economic and political conditions existing in the country concerned, including: an assessment of that country’s commitment to principles of multi-party democracy, pluralism and market economics, as enshrined in Article 1 of the Agreement, an assessment of transition gaps, and a review of activities of other international financing institutions in that country and of the priorities in relation to which the EBRD could best make use of its unique knowledge and skills. In discussing those assessments, the representatives of the Union in the governing bodies of the EBRD should encourage the EBRD to take full account of the views of the Union.

               (13)

               In the report that the Commission will present in accordance with Decision No 1219/2011/EU by the end of the fourth Capital Resources Review for the period of 2011-15, the Commission should take into account the extension of the EBRD’s work in the Southern and Eastern Mediterranean.

               (14)

               With respect to the EBRD’s contribution to the transition of the prospective countries of operation in the Southern and Eastern Mediterranean towards well-functioning, sustainable, modern market economies, the representatives of the Union in the governing bodies of the EBRD should invite the EBRD to report on its performance annually and to conduct comprehensive assessments of its impact on building such economies in advance of its quinquennial capital resources reviews.

               (15)

               The amendments to the Agreement should therefore be approved on behalf of the Union,

         HAVE ADOPTED THIS DECISION:
   Article 1
   The amendments to Articles 1 and 18 of the Agreement, which extend the geographical scope of EBRD operations, are hereby approved on behalf of the Union.
   The text of the amendments is set out in the Annex for informative purposes.
   Article 2
   The Governor of the EBRD representing the Union shall, on behalf of the Union, communicate to the EBRD the Declaration of Acceptance of the amendments.
   Article 3
   As part of the annual report to the European Parliament, the Governor of the EBRD representing the Union shall also report on the EBRD’s activities and operations in the Southern and Eastern Mediterranean.
   Article 4
   This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      Done at Strasbourg, 4 July 2012.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  Position of the European Parliament of 13 June 2012 (not yet published in the Official Journal) and decision of the Council of 26 June 2012.

      (2)  OJ L 313, 26.11.2011, p. 1.

      ANNEX

         AMENDMENTS TO THE AGREEMENT ESTABLISHING THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

      Article 1 of the Agreement Establishing the Bank shall be amended to read as follows (new text in italics):

         ‘Article 1
         Purpose
         In contributing to economic progress and reconstruction, the purpose of the Bank shall be to foster the transition towards open market-oriented economies and to promote private and entrepreneurial initiative in the Central and Eastern European countries committed to and applying the principles of multiparty democracy, pluralism and market economics. Subject to the same conditions, the purpose of the Bank may also be carried out in Mongolia and in member countries of the Southern and Eastern Mediterranean as determined by the Bank upon the affirmative vote of not less than two-thirds of the Governors, representing not less than three-fourths of the total voting power of the members. Accordingly, any reference in this Agreement and its annexes to “Central and Eastern European countries”, “countries from Central and Eastern Europe”, “recipient country (or countries)” or “recipient member country (or countries)” shall refer to Mongolia and each of such countries of the Southern and Eastern Mediterranean as well.’

      Article 18 of the Agreement Establishing the Bank shall be amended to read as follows (new text in italics):

         ‘Article 18
         Special funds

                     (i)

                     The Bank may accept the administration of Special Funds which are designed to serve the purpose and come within the functions of the Bank in its recipient countries and potential recipient countries. The full cost of administering any such Special Fund shall be charged to that Special Fund.

                     (ii)

                     For the purposes of subparagraph (i), the Board of Governors may, at the request of a member which is not a recipient country, decide that such member qualifies as a potential recipient country for such limited period and under such terms as may seem advisable. Such decision shall be taken by the affirmative vote of not less than two-thirds of the Governors, representing not less than three-fourths of the total voting power of the members.

                     (iii)

                     The decision to allow a member to qualify as a potential recipient country can only be made if such member is able to meet the requirements for becoming a recipient country. Such requirements are those set out in Article 1 of this Agreement, as it reads at the time of such decision or as it will read upon the entry into force of an amendment that has already been approved by the Board of Governors at the time of such decision.

                     (iv)

                     If a potential recipient country has not become a recipient country at the end of the period referred to in subparagraph (ii), the Bank shall forthwith cease any special operations in that country, except those incident to the orderly realisation, conservation and preservation of the assets of the Special Fund and settlement of obligations that have arisen in connection therewith.

               2.   Special Funds accepted by the Bank may be used in its recipient countries and potential recipient countries in any manner and on any terms and conditions consistent with the purpose and functions of the Bank, with the other applicable provisions of this Agreement, and with the agreement or agreements relating to such Funds.
         3.   The Bank shall adopt such rules and regulations as may be required for the establishment, administration and use of each Special Fund. Such rules and regulations shall be consistent with the provisions of this Agreement, except for those provisions expressly applicable only to ordinary operations of the Bank.’


Avis juridique important

|

32002D0215

2002/215/EC: Council Decision of 4 March 2002 concerning the conclusion of the Fourth Amendment to the Montreal Protocol on substances that deplete the ozone layer

Official Journal L 072 , 14/03/2002 P. 0018 - 0019

Council Decisionof 4 March 2002concerning the conclusion of the Fourth Amendment to the Montreal Protocol on substances that deplete the ozone layer(2002/215/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 first sentence of Article 300(2) and first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Community, by reason of its responsibilities for the environment, by Decision 88/540/EEC(3) became a party to the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer, and by Decision 91/690/EEC(4) approved the First Amendment to the said Protocol, by Decision 94/68/EC(5) approved the Second Amendment to the said Protocol and by Decision 2000/646/EC(6) approved the Third Amendment to the said Protocol.(2) Recent evidence indicates that for the adequate protection of the ozone layer a higher degree of control of trade in ozone depleting substances is required than is provided by the Montreal Protocol, as amended in 1997. The same evidence indicates that there should be additional measures to control production of ozone-depleting substances and in particular on hydrochlorofluorcarbons and new substances.(3) A Fourth Amendment to the Montreal Protocol introducing these controls was adopted by the Parties in December 1999 in Beijing.(4) The Commission, on behalf of the Community, took part in the negotiation and adoption of that amendment.(5) The Community has adopted measures in the area covered by the amendment, in particular in Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer(7), and it should, therefore, undertake international commitments in that area.(6) It is necessary for the Community to approve the Fourth Amendment to the Montreal Protocol because its provisions relate to production and trade in controlled substances between the Community and other Parties, the implementation of which is the responsibility of the Community,HAS DECIDED AS FOLLOWS:Article 1The Fourth Amendment to the Montreal Protocol on substances that deplete the ozone layer is hereby approved on behalf of the Community.The text of this Amendment is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person or persons empowered to deposit the instrument of approval of this Fourth Amendment on behalf of the Community with the Secretary-General of the United Nations in accordance with Article 13 of the Vienna Convention for the Protection of the Ozone Layer as read in conjunction with Article 3 of the Fourth Amendment to the Montreal Protocol.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 4 March 2002.For the CouncilThe PresidentJ. Matas i Palou(1) OJ C 213 E, 31.7.2001, p. 251.(2) Opinion delivered on 2.10.2001 (not yet published in the Official Journal).(3) OJ L 297, 31.10.1988, p. 8.(4) OJ L 377, 31.12.1991, p. 28.(5) OJ L 33, 7.2.1994, p. 1.(6) OJ L 272, 25.10.2000, p. 26.(7) OJ L 244, 29.9.2000, p. 1.


title: 2013/478/EU: Commission Decision of 27 September 2013 amending Decision 1999/352/EC, ECSC, Euratom establishing the European Anti-fraud Office

text:
               28.9.2013

               EN

               Official Journal of the European Union

               L 257/19

         COMMISSION DECISION
   of 27 September 2013
   amending Decision 1999/352/EC, ECSC, Euratom establishing the European Anti-fraud Office
   (2013/478/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 249 thereof,
   Whereas:

               (1)

               The institutions and the Member States attach great importance to the protection of the Union’s financial interests and to the fight against fraud and any other illegal activities detrimental to the Union’s financial interests, and the importance of action to that end is confirmed by Article 325 of the Treaty on the Functioning of the European Union.

               (2)

               Commission Decision 1999/352/EC, ECSC, Euratom (1) should be amended because of the entry into force of Regulation (EU, Euratom) 883/2013 of the European Parliament and of the Council (2).

               (3)

               The Office’s tasks should continue to comprise the preparation of legislative and regulatory provisions in the areas of activity of the Office, including relevant instruments which fall under Title V of the Treaty on the Functioning of the European Union and instruments on the protection of the euro against counterfeiting. The tasks of the Office should also continue to include training and technical assistance for the protection of the euro against counterfeiting.

               (4)

               The Office should take part in the activities of international bodies and associations specialised in the fight against fraud and corruption, for the purpose, in particular, of exchanging best practices.

               (5)

               The Commission should assess the need for revision of this Decision in the event that a European Public Prosecutor’s Office is established,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 1999/352/EC, ECSC, Euratom is amended as follows:

               (1)

               the second sentence of Article 1 is deleted;

               (2)

               Article 2 is amended as follows:

                           (a)

                           in paragraph 1, ‘Community’ is replaced by ‘Union’;

                           (b)

                           in paragraph 2, the following second sentence is added:
                           ‘This includes support to improve the protection of the euro against counterfeiting through training and technical assistance.’;

                           (c)

                           in paragraph 3, the following sentence is added:
                           ‘This may include taking part in the activities of international bodies and associations specialised in the fight against fraud and corruption for the purpose, in particular, of exchanging best practices.’;

                           (d)

                           paragraph 4 is replaced by the following:
                           ‘4.   The Office shall be responsible for the preparation of legislative and regulatory initiatives of the Commission with the objective of fraud prevention as referred to in paragraph 1, and of the protection of the euro against counterfeiting.’;

               (3)

               Article 3 is amended as follows:

                           —

                           ‘Director’ is replaced by ‘Director-General’;

               (4)

               Article 4 is amended as follows:

                           —

                           ‘Surveillance Committee’ is replaced by ‘Supervisory Committee’,

                           —

                           ‘Community’ is replaced by ‘Union’;

               (5)

               Article 5 is replaced by the following:
               ‘Article 5
               Director-General
               1.   The Office shall be headed by a Director-General. The Director-General shall be appointed by the Commission, in accordance with the procedure specified in paragraph 2. The term of office of the Director-General shall be seven years and shall not be renewable.
               The Director-General shall be responsible for the Office’s conduct of investigations.
               2.   In order to appoint a new Director-General, the Commission shall publish a call for applications in the Official Journal of the European Union. Such publication shall take place at the latest six months before the end of the term of office of the Director-General in office. After a favourable opinion has been given by the Supervisory Committee on the selection procedure applied by the Commission, the Commission shall draw up a list of suitably qualified candidates. After consultations with the European Parliament and the Council, the Commission shall appoint the Director-General.
               3.   The Commission shall exercise, with regard to the Director-General, the powers conferred on the appointing authority. Any decision on initiating disciplinary proceedings against the Director-General under Article 3, paragraph 1, point (c) of Annex IX to the Staff Regulations shall be taken by reasoned decision of the Commission, after consulting the Supervisory Committee. The decision shall be communicated for information to the European Parliament, the Council and the Supervisory Committee.’;

               (6)

               Article 6 is amended as follows:

                           (a)

                           paragraph 1 is replaced by the following:
                           ‘1.   The Director-General of the Office shall exercise, with regard to the staff of the Office, the powers of the appointing authority and of the authority empowered to conclude contracts of employment delegated to him. He shall be permitted to sub-delegate those powers. In accordance with the Conditions of Employment of Other Servants, he shall lay down the conditions and detailed arrangements for recruitment, in particular as to the length of contracts and their renewal.’;

                           (b)

                           paragraph 2 is replaced by the following:
                           ‘2.   After consulting the Supervisory Committee, the Director-General shall send the Director-General for budgets a preliminary draft budget to be entered in the annex concerning the Office to the Commission section of the general budget of the European Union.’;

                           (c)

                           paragraph 3 is replaced by the following:
                           ‘3.   The Director-General shall act as authorising officer for implementation of the appropriations entered in the annex concerning the Office to the Commission section of the general budget of the European Union and the appropriations entered under the anti-fraud budget headings for which powers are delegated to him in the internal rules on implementation of the general budget. He shall be permitted to sub-delegate his powers to staff members subject to the Staff Regulations of Officials or Conditions of Employment of Other Servants in accordance with the abovementioned internal rules.’;

                           (d)

                           paragraph 4 is replaced by the following:
                           ‘4.   Commission decisions concerning its internal organisation shall apply to the Office in so far as they are compatible with the provisions concerning the Office adopted by the Union legislator and with this Decision.’;

               (7)

               the last sentence of Article 7 is deleted.

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

      Done at Brussels, 27 September 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  Commission Decision (1999/352/EC, ECSC, Euratom) of 28 April 1999 establishing the European Anti-Fraud Office (OJ L 136, 31.5.1999, p. 20).

      (2)  Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).


title: Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020

text:
               25.6.2015

               EN

               Official Journal of the European Union

               L 159/70

         COUNCIL DECISION (EU) 2015/994
   of 23 June 2015
   appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 300(3) and Article 305 thereof,
   Having regard to Council Decision 2014/930/EU of 16 December 2014 determining the composition of the Committee of the Regions (1),
   Having regard to the proposal made by the Member State,
   Whereas:

               (1)

               Article 300(3) of the Treaty requires that members or alternate members of the Committee of the Regions, besides being representatives of regional or local bodies, either hold a regional or local authority electoral mandate or be politically accountable to an elected assembly.

               (2)

               Article 305 of the Treaty provides for the members of the Committee of the Regions and an equal number of alternate members to be appointed by the Council for five years in accordance with the proposals made by each Member State.

               (3)

               As the term of office of the members and alternate members of the Committee of the Regions expired on 25 January 2015, it was necessary to appoint new members and alternate members.

               (4)

               On 26 January 2015, the Council adopted Decision (EU) 2015/116 (2) appointing the members and alternate members proposed by the Belgian, Bulgarian, Czech, Danish, Estonian, Irish, Greek, Spanish, French, Croatian, Italian, Cypriot, Latvian, Lithuanian, Luxembourg, Hungarian, Maltese, Dutch, Austrian, Portuguese, Romanian, Slovenian, Slovak, Finnish, and Swedish Governments, 23 members and 23 alternate members proposed by the German Government and 18 members and 16 alternate members proposed by the Polish Government for the period from 26 January 2015 to 25 January 2020. Members and alternate members whose nominations had not been communicated to the Council by 22 January 2015 could not be included in Decision (EU) 2015/116.

               (5)

               On 5 February 2015, the Council adopted Decision (EU) 2015/190 (3) appointing the remaining member and alternate member proposed by the German Government and the members and alternate members proposed by the UK Government.

               (6)

               After the adoption of Decisions (EU) 2015/116 and (EU) 2015/190, three Polish members and five Polish alternate members' posts remained vacant.

               (7)

               On 29 May 2015, a list containing three members and six alternate members proposed by the Polish government was submitted to the Council. This list includes a sixth alternate member, since Mr Marek Karol OLSZEWSKI, who was previously an alternate member, should be appointed member of the Committee of the Regions. Those members and alternate members should be appointed for the same period running from 26 January 2015 to 25 January 2020 as the members and alternates appointed by Decisions (EU) 2015/116 and (EU) 2015/190. This Decision should therefore apply retroactively from 26 January 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the period from 26 January 2015 to 25 January 2020:

               —

               as members, the persons listed by Member State in Annex I,

               —

               as alternate members, the persons listed by Member State in Annex II.

         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 26 January 2015.

      Done at Luxembourg, 23 June 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  OJ L 365, 19.12.2014, p. 143.

      (2)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (3)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      ANNEX I

         ПРИЛОЖЕНИЕ I — ANEXO I — PŘÍLOHA I — BILAG I — ANHANG I — I LISA — ΠΑΡΑΡΤΗΜΑ Ι — ANNEX I — ANNEXE I — PRILOG I — ALLEGATO I — I PIELIKUMS — I PRIEDAS — I. MELLÉKLET — ANNESS I — BIJLAGE I — ZAŁĄCZNIK I — ANEXO I — ANEXA I — PRÍLOHA I — PRILOGA I — LIITE I — BILAGA I

         Членове/Miembros/Členové/Medlemmer/Mitglieder/Liikmed/Μέλη/Members/Membres/Članovi/Membri/Locekļi/Nariai/Tagok/Membri/Leden/Członkowie/Membros/Membri/Členovia/Člani/Jäsenet/Ledamöter

         POLSKA

                  Paweł GRZYBOWSKI

                     burmistrz miasta Rypin

                  Marek Karol OLSZEWSKI

                     wójt gminy Lubicz

                  Sławomir SOSNOWSKI

                     radny województwa lubelskiego

      ANNEX II

         ПРИЛОЖЕНИЕ II — ANEXO II — PŘÍLOHA II — BILAG II — ANHANG II — II LISA — ΠΑΡΑΡΤΗΜΑ IΙ — ANNEX II — ANNEXE II — PRILOG II — ALLEGATO II — II PIELIKUMS — II PRIEDAS — II. MELLÉKLET — ANNESS II — BIJLAGE II — ZAŁĄCZNIK II — ANEXO II — ANEXA II — PRÍLOHA II — PRILOGA II — LIITE II — BILAGA II

         Заместник-членове/Suplentes/Náhradníci/Suppleanter/Stellvertreter/Asendusliikmed/Αναπληρωτές/Alternate members/Suppléants/Zamjenici članova/Supplenti/Aizstājēji/Pakaitiniai nariai/Póttagok/Membri Supplenti/Plaatsvervangers/Zastępcy członków/Suplentes/Supleanți/Náhradníci/Nadomestni člani/Varajäsenet/Suppleanter

         POLSKA

                  Rafał Piotr BRUSKI

                     prezydent miasta Bydgoszczy

                  Marian Adam BURAS

                     wójt gminy Morawica

                  Marcin OCIEPA

                     radny miasta Opola

                  Krzysztof PASZYK

                     radny województwa wielkopolskiego

                  Cezary PRZYBYLSKI

                     radny województwa dolnośląskiego

                  Grzegorz WOLNIK

                     radny województwa śląskiego


title: 2006/846/EC: Decision of the European Parliament of 27 April 2006 on the discharge for the implementation of the budget of the European Food Safety Authority for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/134

      DECISION OF THE EUROPEAN PARLIAMENT

   of 27 April 2006
   on the discharge for the implementation of the budget of the European Food Safety Authority for the financial year 2004
   (2006/846/EC)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Food Safety Authority for the financial year 2004, together with the Authority'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 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (4), 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 (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 the Environment, Public Health and Food Safety (A6-0105/2006),

               1.

               Grants discharge to the Executive Director of the European Food Safety Authority for the implementation of the Authority'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 Food Safety Authority, 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

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 21.

      (2)  OJ C 332, 28.12.2005, p. 45.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

      (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).


title: 2012/676/EU: Council Decision of 29 October 2012 appointing a Greek member and a Greek alternate member of the Committee of the Regions

text:
               1.11.2012

               EN

               Official Journal of the European Union

               L 305/26

         COUNCIL DECISION
   of 29 October 2012
   appointing a Greek member and a Greek alternate member of the Committee of the Regions
   (2012/676/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Greek Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Panagiotis PSOMIADIS. An alternate member’s seat will become vacant following the appointment of Mr Spyridon SPYRIDON as a member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   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 2015:

               (a)

               as member:

                           —

                           Mr Spyridon SPYRIDON, Περιφερειακός Σύμβουλος Αττικής;

                     and

               (b)

               as alternate member:

                           —

                           Mr Dimitrios PETROVITS, Περιφερειακός Σύμβουλος Ανατολικής Μακεδονίας-Θράκης.

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

      Done at Luxembourg, 29 October 2012.

            For the Council

            The President

         E. FLOURENTZOU

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: 2005/158/EC: Council Decision of 17 February 2005 appointing a Spanish alternate member of the Committee of the Regions

text:
               25.2.2005

               EN

               Official Journal of the European Union

               L 52/39

      COUNCIL DECISION

   of 17 February 2005
   appointing a Spanish alternate member of the Committee of the Regions
   (2005/158/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 from the Spanish Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted Decision 2002/60/EC (1) appointing the members and alternate members of the Committee of the Regions.

               (2)

               A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Pere ESTEVE i ABAD, notified to the Council on 19 January 2005,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Ms Anna TERRÓN i CUSÍ, Secretaria General del Patronat Catalá Pro Europa — Delegada del Gobierno de la Generalidad de Cataluña en Bruselas, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Pere ESTEVE i ABAD for the remainder of their term of office, which runs until 25 January 2006.

      Done at Brussels, 17 February 2005.

            For the Council

            The President

         J.-C. JUNCKER

      (1)  OJ L 24, 26.1.2002, p. 38.