title: 2013/612/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/329

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2011
   (2013/612/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European GNSS Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EU) No 912/2010 of the European Parliament and of the Council (4) setting up the European GNSS Agency, 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), 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 (A7-0065/2013),

               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 2011;

               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 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 388, 15.12.2012, p. 208.

      (2)  OJ L 248, 16.9.2002, p. 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.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European GNSS Agency for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the final annual accounts of the European GNSS Agency for the financial year 2011, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Regulation (EU) No 912/2010 of the European Parliament and of the Council (4) setting up the European GNSS Agency, 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), 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 (A7-0065/2013),

                  A.

                  whereas the European GNSS Agency (‘the Agency’) became financially autonomous in 2006,

                  B.

                  whereas the Court of Auditors stated that it was unable to form an opinion on the Agency’s accounts for the financial year 2007,

                  C.

                  whereas the Court of Auditors nuanced its statement of assurance on the reliability of the Agency’s annual accounts for the financial year 2008 and on the legality and regularity of the underlying transactions,

                  D.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the Agency’s annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

                  E.

                  whereas the Court of Auditors, in its report on the Agency’s annual accounts for the financial year 2010, qualified its opinion with regard to the reliability of its annual accounts for 2010,

                  F.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the Agency’s annual accounts for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

         Budgetary and financial management

                  1.

                  Notes that the Agency’s budget for the financial year 2011 was EUR 38,7 million, which was contributed by the Union (EUR 8,2 million operating subsidy and EUR 30,5 million operational funds), and represents a major increase from 2010 (EUR 15,9 million);

                  2.

                  Notes with concern that according to the Court of Auditors’ findings, the ex-post audits carried out for the Agency by an external audit firm in respect of grant payments made in previous years under the Sixth Framework Programme for Research and Development (FP6) frequently called into question the declarations of cost made by the beneficiaries, and at the end of 2011, the amounts in dispute were estimated at EUR 1,7 million or 5 % of the audited grants;

                  3.

                  Acknowledges from the Agency that the grant agreements managed by the Agency for FP6 had been inherited from the predecessor of the Agency, the Galileo Joint Undertaking (GJU), and that the GJU and the European Space Agency had established their FP6 rules slightly different from Commission rules;

                  4.

                  Takes note that the FP6 ex-post audit controls have been finalised in 2012 and the final findings of the auditors show that the costs for the sample audited were overstated by EUR 455 836,66 or 1,4 % of the audited grants; notes from the Agency that it plans to recover most of the amounts found to be incorrect by the external auditors, pending agreement with the Commission, and urges the Agency to inform the discharge authority whether it succeeds to recover the disputed amounts;

                  5.

                  Regrets that according to the Court of Auditors’ report, the Agency made grant payments under the Seventh Framework Programme for Research and Development amounting to EUR 5,8 million in 2011, and in order to verify the expenditure claimed by the beneficiaries (private and public entities performing research), the Agency, despite performing reasonableness checks, did not usually request supporting documentation that would address the risk of ineligible expenditure;

                  6.

                  Notes from the Agency that its analysis of costs is based on the following: the project proposal, the deliverables during the project life (quarterly reports), the final deliverables and the costs incurred and that the proposals include a detailed work plan with different activities necessary to achieve the project’s objectives; notes that the beneficiaries set up a project budget on the basis of the resources which are needed to implement the work plan and the proposals are evaluated and the grants awarded by experts at the Commission premises; acknowledges the Agency’s intention to implement controls that allow an effective verification of the project costs in the future; calls on the Agency to inform the discharge authority of steps taken to that effect;

                  7.

                  Draws the Agency’s attention to the Court of Auditors’ finding that in 2011, payments amounting to EUR 4,8 million (22 % of the amount paid during the year) were made after the deadlines stipulated in the Financial Regulation;

                  8.

                  Takes note that according to the Agency, in 2011, the Agency carried out 1 195 payment requests, of which 140 (11,72 %) were carried out with some delay, and the result of the audit findings was highly influenced by some very particular transactions in large amount e.g. transfers of unused funds to the Union and highly complex grant agreement payments and in addition, due to the small size of the Agency, payments during holiday periods could easily be delayed due to the lack of back-ups in some key operational and administrative positions; acknowledges that the Agency had implemented improved financial circuits from April 2012 with an aim to reduce payment delays to the minimum and calls on the Agency to inform the discharge authority if that had led to expected results;

                  9.

                  Welcomes the Court of Auditors’ observation that the reason for its qualified opinion on the reliability of the Agency’s 2010 accounts, the incorrect accounting treatment of tangible fixed assets related to the Galileo satellite programme, had been resolved; notes that the Court of Auditors had received confirmation that those assets are now under the control of the Commission and are not to be capitalised in the Agency’s accounts; notes that the Court of Auditors, therefore, considers that there is no longer the need for a qualification on such grounds;

         Recruitment

                  10.

                  Notes the Court of Auditors’ findings that the transparency of the recruitment procedures has been jeopardised since audited staff selection procedures showed that the threshold scores were not determined for admission to written tests and interviews or for inclusion in the list of suitable candidates; considers that some of the provisions of the Staff Regulations may present a considerable administrative burden; encourages, therefore, the Commission to allow for a certain degree of simplification under Article 110 of the Staff Regulations in regard to the agencies;

                  11.

                  Acknowledges from the Agency that it had revised the selection procedure and since 2012, the pre-selection panel determines the threshold scores at the stage of designing a vacancy notice, and the thresholds are published in the vacancy notice; notes that the questions and written tests are prepared by the experts in the selection panel, together with the vacancy notice, before the selection panel members receive access to candidate’s applications;

                  12.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its Resolution of 17 April 2013 (6) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 208.

         (2)  OJ L 248, 16.9.2002, p. 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)  Texts adopted, P7_TA(2013)0134 (See page 374 of this Official Journal).


title: 2013/550/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section IX — European Data Protection Supervisor#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of the Decision on discharge for implementation of the European Union general budget for the financial year 2011, Section IX — European Data Protection Supervisor

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/136

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section IX — European Data Protection Supervisor
   (2013/550/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2011 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 — C7-0232/2012) (2),

               —

               having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) 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 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 164, 165 and 166 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 Civil Liberties, Justice and Home Affairs (A7-0095/2013),

               1.

               Grants the European Data Protection Supervisor discharge in respect of the implementation of its budget for the financial year 2011;

               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 Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, 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 L 68, 15.3.2011.

      (2)  OJ C 348, 14.11.2012, p. 1.

      (3)  OJ C 344, 12.11.2012, p. 1.

      (4)  OJ C 348, 14.11.2012, p. 130.

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of the Decision on discharge for implementation of the European Union general budget for the financial year 2011, Section IX — European Data Protection Supervisor
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the European Union general budget for the financial year 2011 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 — C7-0232/2012) (2),

                  —

                  having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

                  —

                  having regard to the statement of assurance (4) 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 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 314(10) and Articles 317, 318 and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 164, 165 and 166 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 Civil Liberties, Justice and Home Affairs (A7-0095/2013),

                  1.

                  Welcomes the conclusion of the Court of Auditors that the payments as a whole for the year ended on 31 December 2011 for administrative and other expenditure of the European Data Protection Supervisor (‘the Supervisor’) were free from material error and that the examined supervisory and control systems for administrative and other expenditure were effective;

                  2.

                  Notes with satisfaction that in its 2011 annual report, the Court of Auditors observed that no significant weaknesses had been identified in respect to the audited topics related to the human resources and procurement for the Supervisor;

                  3.

                  Endorses the Court of Auditors’ recommendations and advises the Supervisor to request that all employees submit documents confirming their civil status on a regular basis, ideally annually, and to put in place a system for the timely monitoring of these documents;

                  4.

                  Welcomes the progress noted by the Court of Auditors regarding better management of allowances and the finding that the measures taken were effective; welcomes the fact that the Supervisor intends to continue to improve its system for timely monitoring and control;

                  5.

                  Acknowledges that the Court of Auditors’ audit has shown that the measures taken by the Supervisor in 2010 to improve the management of allowances were effective; asks the Supervisor to continue to monitor and improve its performance levels;

                  6.

                  Notes that in 2011, the Supervisor had a total of EUR 7 564 137 in commitment appropriations (EUR 7 104 351 in 2010) and that the implementation rate of those appropriations was 89,31 % (82,73 % in 2010); finds this a positive development but calls for further efforts to improve the implementation rate and for the changes made to be monitored; expects engagement to exceed 90 % next year;

                  7.

                  Stresses that the Supervisor’s budget is purely administrative; notes that the implementation rate of expenditure on persons working with the institution is 75,63 % (Title 1) and that the expenditure on buildings, furniture, equipment and miscellaneous operating expenditure is 73,38 % (Title 2); notes that after the full payment of the expenses in both titles, the implementation rate in 2011 was set at 85,03 %;

                  8.

                  Calls on the Supervisor to draft the annual budget so that it corresponds better to the Supervisor’s needs; calls on the Supervisor to improve the implementation of its annual budget;

                  9.

                  Reiterates the request to be informed of the results of the 2010 establishment plan and to have information on action taken included in the next annual activity report following Parliament’s recommendations;

                  10.

                  Welcomes the Supervisor’s inspection report on 13 Brussels-based Union institutions and bodies verifying that the public is informed about video-surveillance in an effective and comprehensive manner by Union institutions and bodies; suggests the exchange of that information and best practices with the national data protection authorities;

                  11.

                  Invites the Supervisor to put the unused rate of the interpretation services requested during that year in the next annual activity report;

                  12.

                  Hopes that the system to define key performance indicators and the benchmarking system plan set in 2012 is already fully operational; expects the annual activity report next year to assess in detail the improvements achieved by that system;

                  13.

                  Calls for information on the follow up of the recommendations which are set forth in Parliament’s discharge resolutions;

                  14.

                  Calls on the Supervisor to include an exhaustive table of all the human resources at the Supervisor’s disposal, broken down by category, grade, sex, participation in professional training and nationality in the next annual activity report; welcomes the information provided in the annual report on training;

                  15.

                  Generally invites the Court of Auditors to further focus on auditing the sound financial management of the Supervisor, namely the economy, efficiency and effectiveness with which the Supervisor has used its appropriations in carrying out its responsibilities.

         (1)  OJ L 68, 15.3.2011.

         (2)  OJ C 348, 14.11.2012, p. 1.

         (3)  OJ C 344, 12.11.2012, p. 1.

         (4)  OJ C 348, 14.11.2012, p. 130.

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

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


title: Council Decision of 22 April 2013 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work

text:
               26.4.2013

               EN

               Official Journal of the European Union

               C 120/7

         COUNCIL DECISION
   of 22 April 2013
   appointing the members and alternate members of the Advisory Committee on Safety and Health at Work
   2013/C 120/02
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2003/C 218/01 of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
   Having regard to the list of candidates submitted to the Council by the Governments of the Member States,
   Whereas:

               (1)

               By its Decision of 16 February 2010 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2010 until 28 February 2013.

               (2)

               Therefore, new members and alternate members should be appointed for a period of three years.

               (3)

               The members and alternate members remain in office until they are replaced or reappointed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 22 April 2013 to 28 February 2016:
   I.   GOVERNMENT REPRESENTATIVES

               Member State

               Members

               Alternates

               Belgium

               Mr Christian DENEVE

               Mr Jan BATEN
               Mr Xavier LEBICHOT

               Bulgaria

               Ms Vaska SEMERDZHIEVA

               Mr Atanas KOLCHAKOV
               Ms Darina KONOVA

               Czech Republic

               Mr Jaroslav HLAVÍN

               Ms Anna SAMKOVÁ
               Ms Anežka SIXTOVÁ

               Denmark

               Ms Charlotte SKJOLDAGER

               Ms Annemarie KNUDSEN
               Ms Christine HOLM DONATZKY

               Germany

               Mr Michael KOLL

               Ms Ellen ZWINK
               Mr Kai SCHÄFER

               Estonia

               Ms Veronika KAIDIS

               Ms Kristel PLANGI
               Mr Rein REISBERG

               Ireland

               Ms Paula GOUGH

               Mr Michael WALSH
               Mr John NEWHAM

               Greece

               Mr Antonios CHRISTODOULOU

               Ms Stamatina PISSIMISSI
               Ms Aggeliki MOIROU

               Spain

               Ms Dolores LIMÓN TAMÉS

               Mr Mario GRAU RÍOS
               Ms Mercedes TEJEDOR AIBAR

               France

               Ms Bénédicte LEGRAND-JUNG

               Ms Sophie BARON
               Mr Olivier MEUNIER

               Italy

               Mr Paolo PENNESI

               Mr Lorenzo FANTINI
               Ms Paola CASTELLANO

               Cyprus

               Mr Leandros NICOLAIDES

               Mr Marios KOURTELLIS
               Mr Anastasios YIANNAKI

               Latvia

               Ms Māra VĪKSNE

               Ms Jolanta GEDUŠA
               Mr Renārs LŪSIS

               Lithuania

               Ms Aldona SABAITIENĖ

               Ms Vilija KONDROTIENĖ
               Ms Nerita ŠOT

               Luxembourg

               Mr Paul WEBER

               Mr Robert HUBERTY
               Mr Carlo STEFFES

               Hungary

               Mr József BAKOS

               Ms Katalin BALOGH
               Ms Éva GRÓNAI

               Malta

               Mr Mark GAUCI

               Mr Vincent ATTARD
               Mr David SALIBA

               Netherlands

               Ms Esther de KLEUVER

               Mr Martin G. DEN HELD
               Mr Andre MARCET

               Austria

               Ms Anna RITZBERGER-MOSER

               Ms Gertrud BREINDL
               Ms Gerlinde ZINIEL

               Poland

               Ms Danuta KORADECKA

               Mr Daniel Andrzej PODGÓRSKI
               Mr Roman SĄSIADEK

               Portugal

               Mr Pedro Nuno PIMENTA BRAZ

               Mr Carlos PEREIRA

               Romania

               Ms Livia COJOCARU

               Ms Anca PRICOP
               Mr Marian TĂNASE

               Slovenia

               Ms Tatjana PETRIČEK

               Mr Jože HAUKO
               Mr Etbin TRATNIK

               Slovakia

               Ms Romana ČERVIENKOVÁ

               Ms Eleonóra FABIÁNOVÁ
               Mr Erich VASELÉNYI

               Finland

               Mr Leo SUOMAA

               Ms Kristiina MUKALA
               Mr Wiking HUSBERG

               Sweden

               Mr Mikael SJÖBERG

               Mr Per EWALDSSON
               Ms Boel CALLERMO

               United Kingdom

               Mr Stuart BRISTOW

               Mr Clive FLEMING
               Mr Stephen TAYLOR

   II.   TRADE UNION REPRESENTATIVES

               Member State

               Members

               Alternates

               Belgium

               Mr François PHILIPS

               Mr Herman FONCK
               Mr Stéphane LEPOUTRE

               Bulgaria

               Mr Ivan KOKALOV

               Mr Aleksander ZAGOROV
               Ms Reneta VASILEVA

               Czech Republic

               Mr Jaroslav ZAVADIL

               Mr Miroslav KOSINA
               Mr Jindřich POLÍVKA

               Denmark

               Ms Heidi RØNNE MØLLER

               Mr Jan KAHR FREDERIKSEN

               Germany

               Ms Marina SCHRÖDER

               Mr Horst RIESENBERG-MORDEJA
               Ms Susanne JASPER

               Estonia

               Ms Aija MAASIKAS

               Mr Peeter ROSS
               Mr Ülo KRISTJUHAN

               Ireland

               Mr Sylvester CRONIN

               Ms Esther LYNCH
               Mr Dessie ROBINSON

               Greece

               Mr Ioannis ADAMAKIS

               Mr Andreas STOIMENIDIS
               Mr Efthimios THEOHARIS

               Spain

               Ms Marisa RUFINO

               Mr Pedro J. LINARES
               Mr Emilio GONZALEZ

               France

               Mr Gilles SEITZ

               Mr Henri FOREST

               Italy

               Ms Cinzia FRASCHERI

               Mr Marco LUPI
               Mr Sebastiano CALLERI

               Cyprus

               Mr Nikos SATSIAS

               Mr Nikos ANDREOU
               Mr Stelios CHRISTODOULOU

               Latvia

               Mr Ziedonis ANTAPSONS

               Mr Mārtiņš PUŽULS
               Mr Vladimirs NOVIKOVS

               Lithuania

               Ms Inga RUGINIENĖ

               Mr Petras GRĖBLIAUSKAS
               Mr Gediminas MOZŪRA

               Luxembourg

               Mr Serge SCHIMOFF

               Mr Marcel GOEREND
               Mr Robert FORNIERI

               Hungary

               Malta

               Mr Joseph CARABOTT

               Mr Edwin BALZAN
               Mr Chris ATTARD

               Netherlands

               Mr W. VAN VEELEN

               Mr H. VAN STEENBERGEN
               Ms S. BALJEU

               Austria

               Ms Ingrid REIFINGER

               Ms Julia NEDJELIK-LISCHKA
               Mr Alexander HEIDER

               Poland

               Ms Iwona PAWLACZYK

               Mr Dariusz GOC
               Mr Stanisław STOLARZ

               Portugal

               Mr Fernando José MACHADO GOMES

               Mr Georges CASULA
               Ms Catarina FERREIRA TAVARES

               Romania

               Slovenia

               Mr Lučka BÖHM

               Mr Aljoša ČEČ
               Mr Bojan GOLJEVŠČEK

               Slovakia

               Mr Peter RAMPAŠEK

               Mr Alexander TAŽÍK
               Mr Bohuslav BENDÍK

               Finland

               Ms Raili PERIMÄKI

               Ms Paula ILVESKIVI
               Mr Erkki AUVINEN

               Sweden

               Ms Christina JÄRNSTEDT

               Ms Jana FROMM
               Ms Karin FRISTEDT

               United Kingdom

               Mr Hugh ROBERTSON

   III.   EMPLOYERS' REPRESENTATIVES

               Member State

               Members

               Alternates

               Belgium

               Mr Kris DE MEESTER

               Mr Thierry VANMOL
               Mr Marc JUNIUS

               Bulgaria

               Mr Georgi STOEV

               Ms Daniela SIMIDCHIEVA
               Ms Petya GEOREVA

               Czech Republic

               Mr Karel PETRŽELKA

               Mr František HROBSKÝ
               Mr Martin RÖHRICH

               Denmark

               Ms Christina SODE HASLUND

               Ms Karoline KLAKSVIG
               Mr Sven-Peter NYGAARD

               Germany

               Mr Eckhard METZE

               Mr Rüdiger TRIEBEL
               Mr Stefan ENGEL

               Estonia

               Mr Marek SEPP

               Ms Marju PEÄRNBERG
               Ms Ülle MATT

               Ireland

               Mr Carl ANDERS

               Ms Theresa DOYLE
               Mr Kevin ENRIGHT

               Greece

               Spain

               Ms Isabel MAYA RUBIO

               Ms Laura CASTRILLO NUÑEZ
               Mr José de la CAVADA HOYO

               France

               Ms Nathalie BUET

               Mr Franck GAMBELLI
               Mr Patrick LÉVY

               Italy

               Ms Fabiola LEUZZI

               Mr Giorgio RUSSOMANNO
               Mr Pietro MASCIOCCHI

               Cyprus

               Mr Emilios MICHAEL

               Mr Polyvios POLYVIOU
               Ms Lena PANAGIOTOU

               Latvia

               Mr Aleksandrs GRIGORJEVS

               Ms Irēna UPZARE
               Mr Andris POMMERS

               Lithuania

               Mr Vaidotas LEVICKIS

               Mr Jonas GUZAVIČIUS

               Luxembourg

               Mr Pierre BLAISE

               Mr François ENGELS
               Mr Marc KIEFFER

               Hungary

               Malta

               Mr John SCICLUNA

               Mr Andrew Agius MUSCAT
               Ms Carmen BORG

               Netherlands

               Mr W.M.J.M. VAN MIERLO

               Mr R. VAN BEEK
               Mr J.J.H. KONING

               Austria

               Ms Christa SCHWENG

               Mr Alexander BURZ
               Ms Pia-Maria ROSNER-SCHEIBENGRAF

               Poland

               Mr Grzegorz JUSZCZYK

               Ms Grażyna SPYTEK-BANDURSKA

               Portugal

               Mr Luís HENRIQUE

               Mr Manuel Marcelino PENA COSTA
               Mr Luís Miguel CORREIA MIRA

               Romania

               Mr Ovidiu NICOLESCU

               Mr Cristian HOTOBOC
               Ms Irina Mirela MANOLE

               Slovenia

               Mr Igor ANTAUER

               Ms Tatjana ČERIN
               Mr Anže HIRŠL

               Slovakia

               Mr Róbert MEITNER

               Finland

               Ms Katja LEPPÄNEN

               Mr Jan SCHUGK
               Mr Rauno TOIVONEN

               Sweden

               Ms Bodil MELLBLOM

               Mr Ned CARTER
               Ms Cecilia ANDERSSON

               United Kingdom

               Mr Guy BAILEY

         Article 2
   The Council shall appoint the members and alternate members not yet nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   Article 4
   This Decision shall be published for information in the Official Journal of the European Union.

      Done at Luxembourg, 22 April 2013.

            For the Council

            The President

         S. COVENEY

      (1)  OJ C 218, 13.9.2003, p. 1.

      (2)  OJ L 45, 20.2.2010, p. 5.


title: Council Decision 2008/298/CFSP of 7 April 2008 amending Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union

text:
               12.4.2008

               EN

               Official Journal of the European Union

               L 102/25

      COUNCIL DECISION 2008/298/CFSP
   of 7 April 2008
   amending Decision 2001/80/CFSP on the establishment of the Military Staff of the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, in particular Article 28(1) thereof,
   Having regard to the Treaty establishing the European Community, in particular Article 207(2) thereof,
   Whereas:

               (1)

               On 22 January 2001 the Council adopted Decision 2001/80/CFSP (1) (EUMS), the terms of reference of which were set out in the Annex thereto.

               (2)

               On 19 November 2007 the Council approved a set of four measures to improve the EUMS's ability to conduct early military planning at the strategic level for EU-led operations.

               (3)

               The terms of reference of the EUMS should be amended to implement these measures, pending a comprehensive review of the terms of reference following an evaluation of the implementation of these measures.

               (4)

               In addition, the EUMS terms of reference should reflect the changes that have been introduced within the Council's crisis management structures and procedures since the terms of reference were last amended.

               (5)

               Decision 2001/80/CFSP should also be amended to take account of the adoption of Council Decision 2007/829/EC of 5 December 2007 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council (2),

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2001/80/CFSP is hereby amended as follows:

               1.

               Article 4 shall be replaced by the following:
               ‘Article 4
               Members of the Military Staff of the European Union shall be subject to rules established in Council Decision 2007/829/EC of 5 December 2007 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council (3).

               2.

               the Annex shall be replaced by the Annex to this Decision.

         Article 2
   This Decision shall take effect from the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 7 April 2008.

            For the Council

            The President

         R. ŽERJAV

      (1)  OJ L 27, 30.1.2001, p. 7. Decision as amended by Decision 2005/395/CFSP (OJ L 132, 26.5.2005, p. 17).

      (2)  OJ L 327, 13.12.2007, p. 10.

      (3)  OJ L 327, 13.12.2007, p. 10.’;

      ANNEX
      EUROPEAN UNION MILITARY STAFF (EUMS) TERMS OF REFERENCE AND ORGANISATION (1)

      1.   Introduction
      At Helsinki, the EU Member States decided to establish within the Council new permanent political and military bodies enabling the EU to assume its responsibilities for the full range of conflict prevention and crisis management tasks defined in the TEU. As provided for in the Helsinki report, the EUMS, ‘within the Council structures provides military expertise and support to the CESDP, including the conduct of EU-led military crisis management operations’.
      At its meeting on 12 and 13 December 2003, the European Council welcomed the document entitled ‘European Defence, NATO/EU consultation, planning and operations’. On 16 and 17 December 2004 the European Council endorsed the detailed proposals for the implementation of this document.
      On 19 November 2007 the Council welcomed the report by the Secretary General/High Representative (SG/HR) on the EU Military Staff's ability to conduct early planning at the strategic level for EU-led operations, as requested by the Council in May 2007, and approved the recommendations to implement, as a package, the four measures, together with the actions identified in the military advice.
      The Terms of Reference of the EUMS are defined as follows:
      2.   Mission
      The Military Staff is to perform early warning, situation assessment and strategic planning for missions and tasks referred to in Article 17(2) of the TEU, including those identified in the European Security Strategy.
      This also encompasses the identification of European national and multinational forces and the implementation of policies and decisions as directed by the EUMC.
      3.   Role

                  —

                  It is the source of the EU's military expertise.

                  —

                  It assures the link between the EUMC on the one hand and the military resources available to the EU on the other, and it provides military expertise to EU bodies as directed by the EUMC.

                  —

                  It performs three main operational functions: early warning, situation assessment and strategic planning.

                  —

                  It conducts early planning in sufficient detail, inter alia, to allow Member States to assess their potential force contributions and for the EUMS to provide appropriate expertise along the decision-making process.

                  —

                  It provides an early warning capability. It plans, assesses and makes recommendations regarding the concept of crisis management and the general military strategy and implements the decisions and guidance of the EUMC.

                  —

                  It supports the EUMC regarding situation assessment and military aspects of strategic planning (2) over the full range of missions and tasks referred to in Article 17(2) of the TEU, including those identified in the European Security Strategy, for all cases of EU-led operations, whether or not the EU draws on NATO assets and capabilities.

                  —

                  It supports (upon request of the SG/HR or the PSC) temporary missions to third countries or international organisations, in order to provide, as required, advice and assistance on military aspects of conflict prevention, crisis management and post-conflict stabilisation.

                  —

                  It contributes to the process of elaboration, assessment and review of the capability goals, taking into account the need, for those Member States concerned, to ensure consistency with NATO's DPP and the PARP of the PfP in accordance with agreed procedures.

                  —

                  It works in close coordination with the European Defence Agency.

                  —

                  It is responsible for monitoring, assessing and making recommendations on training, exercises and interoperability, in connection with the forces and capabilities made available to the EU by the Member States.

                  —

                  It maintains the capacity to reinforce the national HQ designated to conduct an EU autonomous operation.

                  —

                  It is responsible for generating the capacity to plan and run an autonomous EU military operation, and maintains the capacity within EUMS rapidly to set up an operations centre for a specific operation, in particular where a joint civil/military response is required and where no national HQ is identified, once a decision on such an operation has been taken by the Council, upon the advice of the EUMC.

            4.   Tasks

                  —

                  It provides SG/HR and EU bodies with military expertise, under the direction of the EUMC.

                  —

                  It monitors potential crises by relying on appropriate national and multinational intelligence capabilities.

                  —

                  It collaborates with the Joint Situation Centre in the field of information exchange in accordance with the arrangement on the Single Intelligence Analysis Capacity.

                  —

                  It carries out military advance planning at the strategic level.

                  —

                  It conducts early planning in sufficient detail, inter alia, to allow Member States to assess their potential force contributions and for the EUMS to provide appropriate expertise along the decision-making process.

                  —

                  It identifies and lists European national and multinational forces for EU-led operations coordinating with NATO.

                  —

                  It contributes to the development and preparation (including training and exercises) of national and multinational forces made available by the Member States to the EU. The modalities of the relationship with NATO are defined in the relevant documents.

                  —

                  It organises and coordinates the procedures with national and multinational HQs including those NATO HQs available to the EU, ensuring, as far as possible, compatibility with NATO procedures.

                  —

                  It contributes to the military aspects of the ESDP dimension of the fight against terrorism.

                  —

                  It contributes to the development of concepts, doctrine, plans and procedures for the use of military assets and capabilities for natural or man-made disaster consequence management operations.

                  —

                  It programmes, plans, conducts and evaluates the military aspects of the EU's crisis management procedures, including the exercising of EU/NATO procedures.

                  —

                  It participates in the financial estimation of operations and exercises.

                  —

                  It liaises with the national HQs and the multinational HQs of the multinational forces.

                  —

                  It establishes permanent relations with NATO according to ‘EU/NATO permanent arrangements’.

                  —

                  It hosts a NATO Liaison Team at the EUMS and it maintains an EU Cell at SHAPE in accordance with ESDP Presidency Report adopted by the Council on 13 December 2004.

                  —

                  It establishes appropriate relations with identified correspondents within the UN as well as other international organisations, including the OSCE and the AU, subject to an agreement from these organisations.

                  —

                  It contributes to the necessary comprehensive lessons learned process.

                  —

                  It undertakes strategic contingency planning at the initiative of the SG/HR or the PSC.

                  —

                  It contributes to the development of a body of doctrine/concepts, learning lessons from civilian/military operations and exercises.

                  —

                  It prepares concepts and procedures for the EU Ops Centre and ensures the availability and readiness of the manpower, facilities and equipment of the operations centre for operations, exercises and training.

                  —

                  It maintains, updates and replaces the equipment of the EU Ops Centre and maintains the premises.

            (a)   Additional tasks in crisis management situations

                  —

                  It requests and processes specific information from the intelligence organisations and other relevant information from all available sources.

                  —

                  It supports the EUMC in its contributions to Initial Planning Guidance and Planning Directives of the PSC.

                  —

                  It develops and prioritises military strategic options as a basis for the military advice given by the EUMC to the PSC by:

                              —

                              defining initial broad options,

                              —

                              drawing, as appropriate, on planning support from external sources which will analyse and further develop these options in more detail,

                              —

                              evaluating the results of this more detailed work and commissioning any further work that might be necessary,

                              —

                              presenting an overall assessment, with an indication of priorities and recommendations as appropriate, to the EUMC.

                  —

                  It identifies in coordination with national planning staffs and, as appropriate, NATO, the forces that might participate in possible EU-led operations.
                  It assists the operation commander in technical exchanges with third countries offering military contributions to an EU-led operation, and in the preparation of the force generation conference.

                  —

                  It continues to monitor crisis situations.

                  —

                  Upon a request from DGE to DGEUMS, it provides assistance to crisis response political-military strategic planning carried out under the responsibility of DGE (preparation of CMC, joint action …).

                  —

                  Upon a request of DGE to DGEUMS, it provides assistance to crisis response planning at the strategic level (Fact Finding Missions, CMC) carried out under the responsibility of DGE.

                  —

                  It contributes to crisis response strategic planning for joint civil/military operations through the development of strategic options as foreseen in crisis management procedures. This planning falls under the direct responsibility of the DGEUMS and the DCPCC and the overall authority of the SG/HR.

                  —

                  Upon a request of DCPCC to DGEUMS, it provides assistance to crisis-response planning at the strategic and operational level for civilian missions carried out under the responsibility of the DCPCC.

            (b)   Additional tasks during operations

                  —

                  The EUMS provides, through the ‘Watch Keeping Capability’, a 24h/7 days capability to monitor all ESDP missions and operations to ensure the passage of operation-specific information in a systematic way.

                  —

                  The EUMS, acting under the direction of the EUMC, continuously monitors all the military aspects of operations. It conducts strategic analysis in liaison with the designated operation commander to support the EUMC in its advisory role to the PSC in charge of the strategic direction.

                  —

                  In the light of political and operational developments, it provides the EUMC with new options as a basis for EUMC's military advice to the PSC.

                  —

                  It contributes to the key nucleus reinforced, and to further augmentation, as required, of the EU Ops Centre.

                  —

                  It provides the permanent key nucleus of the EU Ops Centre.

                  —

                  It assists in coordinating civilian operations. Such operations are planned and conducted under the authority of DCPCC. It assists with planning, support (including the possible use of military means) and conduct of civilian operations (strategic level remains with DGE IX).

            5.   Organisation

                  —

                  The EUMS works under the military direction of the EUMC, to which it reports.

                  —

                  It is a Council Secretariat department directly attached to the SG/HR and it works in close cooperation with other departments of the General Secretariat of the Council.

                  —

                  It is headed by the DGEUMS, a three-star flag officer.

                  —

                  It is composed of personnel seconded from the Member States acting in an international capacity, in accordance with the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council, as well as officials from within the General Secretariat of the Council and officials seconded from the Commission. With the aim of improving the EUMS selection process, Member States are encouraged to present more than one candidate for each of the posts applied for.

                  —

                  In order to cope with the full spectrum of missions and tasks, the EUMS is organised as set out in Appendix ‘A’.

                  —

                  In crisis-management situations or exercises, the EUMS may set up Planning and Management Teams, drawing upon its own expertise, manpower and infrastructure. In addition, it could, if necessary, request through the EUMC, manpower for temporary augmentation from the EU Member States.

                  —

                  The EUMC will provide guidance, through DGEUMS, on the military activities undertaken by the EUMS within the framework of civilian crisis management. Contributions by the EUMS for civilian aspects of crisis management remain under the functional responsibility of DGE IX for all activities (planning, Fact-Finding Missions, etc.) up to and including the development of the CMC and, where appropriate, CSO/PSOs. Once a decision to launch a mission is taken, these contributions come under the functional responsibility of DCPCC. Reporting on these activities to the CIVCOM will be conducted in accordance with established procedures on civilian aspects of crisis management.

            6.   Relations with third countries
      The relations between the EUMS and the non-EU European NATO members, other third States, and candidates for accession to the EU are defined in the relevant documents on the relations of the EU with third countries.

         (1)  For abbreviations throughout, see Appendix B.

         (2)  Definitions:

                  Strategic Planning: Planning activities that start as soon as a potential crisis is identified, or a crisis emerges, and end when the EU political authorities approve a military strategic option or a set of military strategic options. The strategic process encompasses military situation assessment, definition of a POL/MIL framework and development of military strategic options.

                  Military Strategic Option: a possible military action designed to achieve the POL/MIL objectives outlined in the POL/MIL framework. A military strategic option will describe the outline military solution, the required resource and constraints and recommendations on the choice of the Operations Commander and OHQ.

         Appendix A
         OUTLINE ORGANISATION OF THE EUMS

         Appendix B
         ABBREVIATIONS
         A
         ADMIN Administration Branch
         AU African Union
         C
         CESDP Common European Security and Defence Policy
         CEUMC Chairman of the European Union Military Committee
         CPCC Civilian Planning and Conduct Capability
         CIS Communications and Information Systems Division
         CIS POL/REQ Communications and Information Systems Policy and Requirements
         CIV/MIL CELL Civilian/Military Cell
         CIV/MIL STRAT PLAN Civilian Military Cell Strategic Planning Branch
         CIVCOM Committee for Civilian Aspects of Crisis Management
         CMC Crisis Management Concept
         CMC SPT Support to Chairman of the European Union Military Committee
         COMMS & IS Communications and Information Systems Directorate
         CONOPS Concept of Operations
         CRISIS RESP/CURRENT OPS Crisis Response and Current Operations Branch
         CSO Civilian Strategic Option
         D
         DDG Deputy Director-General
         DGEUMS Director-General of the European Union Military Staff
         DCPCC Director Civilian Planning and Conduct Capability
         DPP Defence Planning Process
         E
         ESDP European Security and Defence Policy
         EUMC European Union Military Committee
         EUMS European Union Military Staff
         EU CELL (SHAPE) European Union Cell at SHAPE
         EX/TRN/ANL Exercises and Training Analysis Branch
         I
         INT POLICY Intelligence Policy Branch
         INT PRODUCTION Intelligence Production Branch
         INT REQ Intelligence Requirement
         IT SUPPORT Information Technology Support Branch
         L
         LEGAL Legal Adviser
         LOG POLICY Logistics Policy Branch
         M
         MAP Military Assessment and Planning Branch
         O
         OCPS Operations Centre Permanent Staff
         OHQ Operations Headquarters
         OP CENTRE PERM STAFF Operations Centre Permanent Staff
         OPLAN Operations Plan
         OPSCEN Operations Centre
         OSCE Organisation for Security and Cooperation in Europe
         P
         PARP Planning and Revue Process
         PfP Partnership for Peace
         POL Policy Branch
         PSC Political and Security Committee
         PSO Police Strategic Option
         T
         TEU Treaty of the European Union