title: 2014/285/CFSP: Political and Security Committee Decision EUTM Mali/2/2014 of 13 May 2014 on the acceptance of third States' contributions to the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)

text:
               17.5.2014

               EN

               Official Journal of the European Union

               L 147/70

         POLITICAL AND SECURITY COMMITTEE DECISION EUTM MALI/2/2014
   of 13 May 2014
   on the acceptance of third States' contributions to the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)

      (2014/285/CFSP)

   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (1), and in particular Article 8(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 8(2) of Decision 2013/34/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on acceptance of the proposed contributions by third States.

               (2)

               Following recommendation on contributions from Georgia, the Republic of Moldova, and Montenegro by the EU Mission Commander and the advice from the European Union Military Committee, the contributions from Georgia, the Republic of Moldova, and Montenegro should be accepted.

               (3)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The contributions from Georgia, the Republic of Moldova, and Montenegro to the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) are accepted and are considered to be significant.
   2.   Georgia, the Republic of Moldova, and Montenegro are exempted from financial contributions to the budget of EUTM Mali.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 May 2014.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 14, 18.1.2013, p. 19.


Avis juridique important

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32001D0887

2001/887/JHA: Council Decision of 6 December 2001 on the protection of the euro against counterfeiting

Official Journal L 329 , 14/12/2001 P. 0001 - 0002

Council Decisionof 6 December 2001on the protection of the euro against counterfeiting(2001/887/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 31 and Article 34(2)(c) thereof,Having regard to the initiative by the French Republic(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro(3) lays down that currency denominated in euro shall start to be put into circulation as from 1 January 2002 and obliges the participating Member States to ensure adequate sanctions against counterfeiting and falsification of euro banknotes and coins.(2) The measures to protect the euro put in place by previous instruments should be supplemented and strengthened by provisions ensuring close cooperation between the competent authorities of the Member States, the European Central Bank, the national central banks, Europol and Eurojust to suppress offences involving counterfeiting of the euro.(3) On 29 May 2000 the Council adopted Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro(4).(4) On 28 June 2001 the Council adopted Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting(5) and Regulation (EC) No 1339/2001 extending the effects of Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency(6),HAS DECIDED AS FOLLOWS:Article 1DefinitionsFor the purposes of this Decision:(a) "counterfeit notes" and "counterfeit coins" mean notes and coins defined as such by Article 2 of Regulation (EC) No 1338/2001;(b) "counterfeiting and offences related to counterfeiting of the euro" means the conduct, in relation to the euro, described in Articles 3 to 5 of Council Framework Decision 2000/383/JHA;(c) "competent authorities" means the authorities designated by the Member States to centralise information, in particular the national central offices, and to detect, investigate or punish counterfeiting and offences related to counterfeiting of the euro;(d) "Geneva Convention" means the International Convention for the Suppression of Counterfeiting Currency, signed at Geneva on 20 April 1929 and its Protocol;(e) "Europol Convention" means the Convention of 26 July 1995 on the establishment of a European police office(7).Article 2Expert analysis of notes and coinsMember States shall ensure that in the context of investigations into counterfeiting and offences related to counterfeiting of the euro:(a) the necessary expert analyses of suspected counterfeit notes are carried out by a National Analysis Centre (NAC) designated or established pursuant to Article 4(1) of Regulation (EC) No 1338/2001; and(b) the necessary expert analyses of suspected counterfeit coins are carried out by a Coin National Analysis Centre (CNAC) designated or established pursuant to Article 5(1) of Regulation (EC) No 1338/2001.Article 3Forwarding of the results of expert analysesMember States shall ensure that the results of the analyses carried out by the NAC and the NCAC in accordance with Article 2 are communicated to Europol in accordance with the Europol Convention.Article 4Obligation to communicate information1. Member States shall ensure that the national central offices referred to in Article 12 of the Geneva Convention communicate to Europol, in accordance with the Europol Convention, centralised information on investigations into counterfeiting and offences related to counterfeiting of the euro, including information obtained from third countries. The Member States and Europol shall cooperate with a view to determining which information is to be communicated. The information shall, at least, include the particulars of the persons involved, the particulars of the offences, the circumstances in which the offences were discovered, the context of the seizure and links with other cases.2. The competent authorities of the Member States shall, where appropriate, in investigations into counterfeiting and offences related to the counterfeiting of the euro make use of the facilities offered by the Provisional Judicial Cooperation Unit and, subsequently, the facilities for cooperation offered by Eurojust once it has been established, in accordance with the provisions laid down in the instruments establishing the Provisional Judicial Cooperation Unit and Eurojust.Article 5Entry into forceThis Decision shall enter into force on the day of its publication in the Official Journal.Done at Brussels, 6 December 2001.For the CouncilThe PresidentM. Verwilghen(1) OJ C 75, 7.3.2001, p. 1.(2) Opinion delivered on 23 October 2001 (not yet published in the Official Journal).(3) OJ L 139, 11.5.1998, p. 1.(4) OJ L 140, 14.6.2000, p. 1.(5) OJ L 181, 4.7.2001, p. 6.(6) OJ L 181, 4.7.2001, p. 11.(7) OJ C 316, 27.11.1995, p. 2. Convention as last amended by Protocol of 30 November 2000 (OJ C 358, 13.12.2000, p. 2).


Avis juridique important

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31996D0112(01)

Decision setting up a temporary committee of inquiry

Official Journal C 007 , 12/01/1996 P. 0001 - 0003

Decision  setting up a temporary committee of inquiry(96/C  7/01)The European Parliament, - having regard to the Treaty establishing the European Community, and in particular Article 138c  thereof, - having regard to the Treaty establishing the European Coal and Steel Community, and in particular  Article 20b thereof, - having regard to the Treaty establishing the European Atomic Energy Community, and in particular  Article 107b thereof, - having regard to the Decision of the European Parliament, the Council and the Commission of 19  April 1995 on the detailed provisions governing the exercise of the European Parliament's right of  inquiry  (1), - having regard to Rule 136 of its Rules of Procedure, - having regard to the request, attached to this decision, by more than one quarter of its Members  for a temporary committee of inquiry to be set up to consider allegations of offences committed or  of maladministration under the Community transit system, - having regard to the proposal of the Conference of Presidents of 7 December 1995 concerning this  request, 1.  decides to set up a temporary committee of inquiry to consider allegations of  offences committed or of maladministration in the Community transit system; 2.  decides that the temporary committee of inquiry will submit a report to Parliament within 12  months of the publication of this Decision in the Official Journal of the European Communities; 3.  decides that the temporary committee of inquiry will consist of 17 members. (1) OJ No L 113, 19. 5. 1995, p. 2.   ANNEXREQUEST FOR THE SETTING UP OF A TEMPORARY COMMITTEE OF  INQUIRY TO INVESTIGATE ALLEGED CONTRAVENTIONS OR MALADMINISTRATION UNDER THE COMMUNITY TRANSIT  SYSTEM (drafted pursuant to the decision of the Conference of Presidents of 7 December 1995)  Pursuant to Article 138c of the EC Treaty, the undersigned Members request the setting up of a  committee of inquiry with a view to investigating alleged contraventions or maladministration in  the application of Community law relating to the current Community transit system. 1.  SUBJECT OF THE INQUIRY1.1. The Community transit systemAs set out in Chapter 1,  Section 5, of the Commission's annual report for 1994 'Protecting the Community's financial  interests - the fight against fraud`  (1), the Community transit procedure allows goods to be moved  under customs supervision between two points in the Community territory, while remaining exempt  from taxes and duties and ineligible for any other measures resulting from Community policies. The cornerstone of the procedure is the designation of a natural or legal person as principal whose  main responsibilities are to lodge a guarantee to cover the collection of duties due in the event  of irregularities and to present the goods in good condition at the customs office of destination  within the time limit laid down. If the transit operation is considered to have been properly  discharged, the principal is released from his obligations. However in the event of irregularities, the perpetrator of the infringement, if he or she can be  identified, is held liable for any duties and taxes which are payable. Failing this, payment is  demanded from the principal; finally, if the latter is unable to fulfil this obligation, the  guarantee covering the transit operation will be seized. 1.2. Current problemsIn this document the Commission takes the view that the transit scheme has  become a prime target for organized criminal networks seeking to develop fraudulent transactions.  In this connection, the movement of highly-taxed goods such as cigarettes or other products covered  by the common agricultural policy undoubtedly presents a high risk. The Council came to the same  conclusion in its resolution of 23  November 1995 on the computerization of customs transit systems   (2). According to the Commission the most common types of fraud are: - failure to present goods at the customs office of destination and releasing them onto the  Community market without payment of the duties and taxes which are due; - falsification of customs documents certifying the presentation of goods at the office of  destination by using stolen or counterfeit stamps. In these cases, the goods are illegally introduced and released onto the Community market without  having been subject to the payment of the duties and taxes which are due. 1.3. Purpose of the temporary committee of inquiryDeeply concerned by this phenomenon, on 29 March  1995 the Commission issued a communication 'Fraud in the transit procedure - solutions foreseen and  perspectives for the future`  (3). The Court of Auditors, too, also considered this problem and set  out its analysis of the situation and its findings in its annual report concerning the financial  year 1994. Unfortunately, these two documents generate more questions than they answer, with  particular regard to the nature and scope in this area of maladministration in the application of  Community law. The purpose of this temporary committee of inquiry, therefore, is to establish the truth of these  allegations and the implications for the administrations concerned so as to be able to draw up,  where appropriate, the recommendations provided for in Article 4 (3) of the Decision of the  European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions  governing the exercise of the European Parliament's right of inquiry  (4) and Rule 136 (10) of  Parliament's Rules of Procedure  (5). 2.  DETAILED EXPLANATORY STATEMENTIn the documents referred to above, having  noted that national administrations are responsible for the quality of administrative controls and  management of the system, the Commission (point 4.2) and the Court of Auditors (point 1.48) also  note that the quality of these controls has fallen progressively over the last few years. Basically, the shortcomings in administrative control are apparently the cause of the serious and  increasing phenomenon of fraud against the Community. The causes of the very significant reduction in the quality of the administrative control in  question may be set out in the following three categories of allegations: 2.1. Delays/tolerance of failure to respect time limits- economic operators must present goods and  documents to the customs office of destination within the time limits laid down (e.g. 20 days in  the case of air transport and 45 days in the case of sea transport). However, in practice, these  time limits do not appear to be respected, nor do penalties appear to be imposed where the time  limits are not respected, - investigations into outstanding operations are not initiated at an early enough stage, with the  result that fraud is frequently established only at a very late stage, - the late presentation to the customs office of departure of the copy to be returned results in an  accumulation of uncleared documents. In some cases delays in transferring documentation between  customs offices seem so great that it would be impossible to respect the time limits laid down by  Community rules without a major effort to clear the backlog, bearing in mind the accumulated  delays. 2.2. Poor administration of the system- investigations are not carried out with the urgency and  strictness required because the Member State administrations do not appear to give sufficient  priority to transit controls, - the existing rules and administrative provisions are not always applied by the Member States in a  way which would guarantee sound management, - monitoring of deliveries to and withdrawals from warehouses occasionally seems totally  inadequate. 2.3. Notification of and procedures for recovery of the sums due- as regards own resources, the  amounts notified by the Member States on the basis of Council Regulation (EEC/Euratom) No 1552/89  of 29 May 1989 implementing the system of the Communities' own resources  (1) and corresponding to  the cases of fraud or irregularities are apparently very inadequate, approximately one third of the  established amounts of fraud, - the amounts recovered are apparently very small, - penalties are laid down in current Community rules (the definition and implementation of which  are governed by the national legislation of the Member States) but apparently they are virtually  never applied, - furthermore, only a small percentage of the cases notified on the basis of the abovementioned  Regulation are apparently subject to legal proceedings. By comparison with these three sets of allegations, already very specific and significant, the  above reports of the Court of Auditors and of the Commission do not seem to specify why these  shortcomings and cases of maladministration, or even breaches of the relevant provisions of  Community law, occur and increase over the years. 3.  TERMS OF REFERENCE OF THE TEMPORARY COMMITTEE OF INQUIRYThis temporary  committee of inquiry will therefore be set up with a view to clarifying the nature and causes of  these cases of maladministration on the part of the competent national authorities and the fraud in  the transit procedure and breaches of Community law which arise therefrom. It will also recommend improvements with regard to the detection and prevention of fraud, the  safeguarding of the Community's economic and financial interests and the recovery of sums due. The committee will in particular investigate: - the reasons for the crisis in the transit system, - the shortcomings and loopholes in the procedures, - the measures taken to improve the procedures, - the additional measures to be taken forthwith, - the measures taken or to be taken to recover the sums lost and to penalize those responsible. 4.  DURATION OF THE TEMPORARY COMMITTEE OF INQUIRYThe temporary committee of  inquiry will submit a report within 12 months of the date of publication of the decision of the  European Parliament setting it up. (1) COM(95) 0098.  (2) OJ No C 327, 7. 12. 1995, p. 2.  (3) COM(95) 0108.  (4) OJ No C 113, 19. 5. 1995, p. 2.  (5) OJ No L 293, 7. 12. 1995, p. 1.  (1) OJ No L 155, 7. 6. 1989, p. 1.


title: Commission Decision of 13 February 2013 on the appointment of members of the Committee of Senior Labour Inspectors for a new term of office

text:
               15.2.2013

               EN

               Official Journal of the European Union

               C 43/24

         COMMISSION DECISION
   of 13 February 2013
   on the appointment of members of the Committee of Senior Labour Inspectors for a new term of office
   2013/C 43/08
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision 95/319/EC of 12 July 1995 setting up a Committee of Senior Labour Inspectors (1), and in particular Article 5 thereof,
   Having regard to the names of nominees submitted by the Member States,
   Whereas:

               (1)

               Article 5(1) of Decision 95/319/EC provides that the Committee shall comprise one full member per Member State and that one alternate member may be appointed for each full member.

               (2)

               Article 5(2) of that Decision provides that the full and alternate members of the Committee shall be appointed by the Commission on a proposal by the Member State.

               (3)

               Article 5(3) of that Decision provides that the term of office of the members of the Committee shall be three years and that their appointment shall be renewable.

               (4)

               The Committee's previous term of office ends on 31 December 2012.

               (5)

               The Commission has consequently to appoint the members of this Committee on the basis of the proposals by the Member States for a period of three years,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The persons named in the Annex to this Decision are appointed as full and alternate members of the Committee of Senior Labour Inspectors for a period of three years from 1 January 2013 to 31 December 2015.
   2.   The list of the members shall be published in the Official Journal of the European Union for information purposes.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 13 February 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 188, 9.8.1995, p. 11.

      ANNEX

                  Member State

                  Full member

                  Alternate member

                  Belgium

                  Mr Paul TOUSSEYN

                  Mr Michel ASEGLIO

                  Bulgaria

                  Ms Rumyana MIHAYLOVA

                  Ms Irena DIMITROVA

                  Czech Republic

                  Mr Rudolf HAHN

                  Mr Jaromir ELBEL

                  Denmark

                  Mr Jens JENSEN

                  Mrs Annemarie KNUDSEN

                  Germany

                  Mr Kai SCHÄFER

                  Mr Ernst-Friedrich PERNACK

                  Estonia

                  Mr Herko SUNTS

                  Mr Rein REISBERG

                  Ireland

                  Mr Brian HIGGISSON

                  Mr Martin O'HALLORAN

                  Greece

                  Mr Alexandros KARAGEORGIOU

                  Mr Nicholaos SARAFOPOULOS

                  Spain

                  Mr José Ignacio SACRISTÁN ENCISO

                  Ms Graciela DE ANDRÉS NOVO

                  France

                  Mr Yves CALVEZ

                  Ms Jessy PRETTO

                  Italy

                  Mr Paolo PENNESI

                  Mr Mariano MARTONE

                  Cyprus

                  Mr Anastasios YIANNAKI

                  Mr Aristodemos ECONOMIDES

                  Latvia

                  Mr Renars LUSIS

                  Ms Linda MATISĀNE

                  Lithuania

                  Mr Vilius MACIULAITIS

                  Mr Gintaras CEPAS

                  Luxembourg

                  Mr Paul WEBER

                  Mr Robert HUBERTY

                  Hungary

                  Mr Róbert KOMÁROMI

                  Mrs Katalin BALOGH

                  Malta

                  Mr Mark GAUCI

                  Mr Vincent ATTARD

                  Netherlands

                  Mr Jan VAN DEN BOS

                  Mrs M.A. ZUURBIER (Marga)

                  Austria

                  Mrs Gertrud BREINDL

                  Mr Josef KERSCHHAGL

                  Poland

                  Ms Iwona HICKIEWICZ

                  Ms Małgorzata KWIATKOWSKA

                  Portugal

                  Mr José Luís FORTE

                  Ms Cristina Maria GONÇALVES RODRIGUES

                  Romania

                  Mr Ciprian Giorgian DRAGOMIR

                  Ms Flavia Iustina BOSNARI

                  Slovenia

                  Mr Franc RANČIGAJ

                  Mr Slavko KRIŠTOFELC

                  Slovak Republic

                  Mr Andrej GMITTER

                  Mr Bartolomej DOROV

                  Finland

                  Mr Leo SUOMAA

                  Mr Markku MARJAMÄKI

                  Sweden

                  Mr Mikael SJÖBERG

                  Mr Bernt NILSSON

                  United Kingdom

                  Mr David ASHTON

                  Mr Kevin MYERS


title: Council Decision (EU) 2017/1921 of 16 October 2017 on the position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the establishment of a list of arbitrators

text:
               20.10.2017

               EN

               Official Journal of the European Union

               L 271/38

         COUNCIL DECISION (EU) 2017/1921
   of 16 October 2017
   on the position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, as regards the establishment of a list of arbitrators
   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 Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (1) (‘the Agreement’), was signed on 15 October 2008, and has been applied provisionally since 29 December 2008.

               (2)

               In accordance with Article 221 of the Agreement, a list of 15 individuals with specialised knowledge of or experience in law and international trade, who are willing to serve as arbitrators, should be established. It is necessary to implement the dispute settlement provisions of the Agreement.

               (3)

               The Joint CARIFORUM-EU Council (‘the Joint Council’), at its fourth meeting on 17 November 2017, is to adopt a decision on the establishment of that list.

               (4)

               In the Joint Council, the Union is to be represented by the Commission in accordance with Article 17(1) of the Treaty on European Union (TEU). The Member States are to support the position of the Union in accordance with Article 4(3) TEU.

               (5)

               It is appropriate to establish the position to be adopted on behalf of the Union within the Joint Council.

               (6)

               The position of the Union within the Joint Council should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the Joint CARIFORUM-EU Council at its fourth meeting on 17 November 2017 as regards the establishment of a list of arbitrators shall be based on the draft Decision of the Joint CARIFORUM-EU Council attached to this Decision.
   Article 2
   This Decision is addressed to the Commission and the Member States.

      Done at Luxembourg, 16 October 2017.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 289, 30.10.2008, p. 3.

      DRAFT
      DECISION No …/2017 OF THE JOINT CARIFORUM-EU COUNCIL
      established by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part
      of …
      as regards the establishment of a list of arbitrators
      THE JOINT CARIFORUM-EU COUNCIL,
      Having regard to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, and in particular Article 221(1) thereof,
      HAS ADOPTED THIS DECISION:
      Article 1
      The list of fifteen arbitrators provided for in Article 221(1) annexed to this Decision is adopted by the Parties.
      Article 2
      The CARIFORUM-EU Trade and Development Committee may amend the list of arbitrators annexed to this Decision.
      Article 3
      This Decision shall enter into force on ….

         Done at …,

               For the CARIFORUM States

               For the EU Party

      ANNEX
      List of arbitrators referred to in Article 221(1) of the Agreement
      Arbitrators selected by the CARIFORUM States:

                  Ms. Tracy BENN-ROBERTS (Antigua and Barbuda)

                  Ms. Nicole FOSTER (Barbados)

                  Ms. Bertha COOPER – ROSSEAU (The Bahamas)

                  Ms. Michelle A. BROWN (Jamaica)

                  Ms. Fabiola MEDINA GARNES (Dominican Republic)

            Arbitrators selected by the EU:

                  Mr. Jacques BOURGEOIS (Belgium)

                  Mr. Claus – Dieter EHLERMANN (Germany)

                  Mr. Pieter Jan KUIJPER (Netherlands)

                  Mr. Giorgio SACERDOTI (Italy)

                  Mr. Ramon TORRENT (Spain)

            Arbitrators jointly selected by the Parties:

                  Mr. Frederick ABBOTT (United States)

                  Mr. James BACCHUS (United States)

                  Mr. Armand DE MESTRAL (Canada)

                  Ms. Claudia OROZCO (Colombia)

                  Mr. Helge SELAND (Norway)


title: 2006/657/EC: Commission Decision of 29 September 2006 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in Bulgaria in the pre-accession period

text:
               30.9.2006

               EN

               Official Journal of the European Union

               L 271/81

      COMMISSION DECISION

   of 29 September 2006
   conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in Bulgaria in the pre-accession period
   (2006/657/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Council Regulation (EC) No 1266/1999 of 21 June 1999 on co-ordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/1989 (1), and in particular Article 12(2) thereof,
   Having regard to the Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period (2), and in particular Article 4(5) and (6) thereof,
   Whereas:

               (1)

               The Special Accession Programme for Agriculture and Rural Development for the Republic of Bulgaria (hereinafter ‘Sapard’) was approved by Commission Decision of 20 October 2000 (3), and amended by Commission Decision of 5 July 2006 in accordance with Article 4(5) of Regulation (EC) No 1268/1999.

               (2)

               The government of the Republic of Bulgaria and the Commission, acting on behalf of the Community, signed on 18 December 2000 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the execution of the Sapard, amended by the Annual Financing Agreements for the years 2000, 2001, 2002, 2003, 2004 and 2005, signed on 12 February 2001, 19 February 2002, 4 April 2003, 23 July 2003, 14 April 2005 and 11 January 2006 respectively.

               (3)

               A Sapard-Agency has been appointed by the competent authority of the Republic of Bulgaria for the implementation of some of the measures defined in the Sapard. The Ministry of Finance, National Fund Directorate, has been appointed for the financial functions it is due to perform in the framework of the implementation of the Sapard.

               (4)

               On the basis of a case-by-case analysis of the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance, as provided for in Article 12(2) of Regulation (EC) No 1266/1999, the Commission adopted the Decision 2001/380/EC of 14 May 2001 (4) and the Decision 2003/614/EC of 14 August 2003 (5) conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Bulgaria in the pre-accession period with regard to certain measures provided for in the Sapard.

               (5)

               The Commission has since undertaken a further analysis under Article 12(2) of Regulation (EC) No 1266/1999 in respect of measure 1.3 ‘Development of environmentally friendly agricultural practices and activities’, as provided for in the Sapard. The Commission considers that, also with regard to this measure, the Republic of Bulgaria complies with the provisions of Articles 4 to 6 and of the Annex to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period (6) and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.

               (6)

               It is therefore appropriate to waive the ex ante approval requirement provided for in Article 12(1) of Regulation (EC) No 1266/1999 and to confer, with regard to Measure 1.3. on the State Fund Agriculture and on the Ministry of Finance, National Fund Directorate in the Republic of Bulgaria, the management of aid on a decentralised basis.

               (7)

               Since the verifications carried out by the Commission for measure 1.3. are based on a system that is not yet fully operating with regard to all relevant elements, however, it is appropriate to confer the management of the Sapard on the State Fund Agriculture and on the Ministry of Finance, National Fund Directorate, according to Article 3(2) of Regulation (EC) No 2222/2000, on a provisional basis.

               (8)

               The rules for the eligibility of expenditures are provided for in the Sapard.

               (9)

               Full conferral of management of the Sapard is only envisaged after further verifications to ensure that the system operates satisfactorily have been carried out and after any recommendations which the Commission may issue with regard to the conferral of management of aid on the State Fund Agriculture and on the Ministry of Finance, National Fund Directorate, have been implemented,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The requirement of ex ante approval by the Commission of project selection and contracting for measure 1.3 ‘Development of environmentally friendly agricultural practices and activities’ by the Republic of Bulgaria provided for in Article 12(1) of Regulation (EC) No 1266/1999 is hereby waived.
   Article 2
   Management of the Sapard is conferred on a provisional basis on:

               1.

               the State Fund Agriculture (Sapard Agency) located at 136 Tzar Boris III Boulevard, 1618 Sofia, Bulgaria, for the implementation of the measure 1.3 of the Sapard as defined in the Programme for Agricultural and Rural Development that was approved by Commission Decision of 20 October 2000; and

               2.

               the Ministry of Finance, National Fund Directorate, located at 102 Rakovski Street, 1040 Sofia, Bulgaria, for the financial functions it is due to perform in the framework of the implementation of the Sapard for measure 1.3 for the Republic of Bulgaria.

         Article 3
   Without prejudice to any decisions granting aid under the Sapard to individual beneficiaries, the rules for eligibility of expenditure, as specified in the Sapard, shall apply.

      Done at Brussels, 29 September 2006.

            For the Commission

         Mariann FISCHER BOEL

            Member of the Commission

      (1)  OJ L 161, 26.6.1999, p. 68.

      (2)  OJ L 161, 26.6.1999, p. 87. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

      (3)  C(2000) 3058 final.

      (4)  OJ L 102, 18.4.2002, p. 32.

      (5)  OJ L 213, 23.8.2003, p. 10.

      (6)  OJ L 253, 7.10.2000, p. 5. Regulation as last amended by Regulation 1052/2006 (OJ L 189, 12.7.2006, p. 3).


title: 2008/726/EC: Council Decision of 15 September 2008 appointing an Italian member to the Committee of the Regions

text:
               16.9.2008

               EN

               Official Journal of the European Union

               L 247/24

      COUNCIL DECISION

   of 15 September 2008
   appointing an Italian member to the Committee of the Regions
   (2008/726/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 Italian Government,
   Whereas:

               (1)

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

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the expiry of the mandate of Mr Francesco SCOMA,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
   Mr Francesco MUSOTTO, Deputato dell’Assemblea Regionale Siciliana.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 15 September 2008.

            For the Council

            The President

         B. KOUCHNER

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Council Decision 2013/383/CFSP of 15 July 2013 amending and extending the mandate of the European Union Special Representative to the African Union

text:
               16.7.2013

               EN

               Official Journal of the European Union

               L 193/25

         COUNCIL DECISION 2013/383/CFSP
   of 15 July 2013
   amending and extending the mandate of the European Union Special Representative to the African Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 20 October 2011, the Council adopted Decision 2011/697/CFSP (1) appointing Mr Gary QUINCE as the European Union Special Representative (EUSR) to the African Union (AU). The EUSR’s mandate is to expire on 30 June 2013.

               (2)

               The mandate of the EUSR should be extended for a final period of 12 months.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Gary QUINCE as the EUSR to the AU is hereby extended until 30 June 2014. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the EU’s comprehensive policy objectives in support of African efforts to build a peaceful, democratic and prosperous future as set out in the Joint Africa-EU Strategy. Those objectives include:

               (a)

               enhancing the EU’s political dialogue and broader relationship with the AU;

               (b)

               strengthening the EU-AU partnership in all areas outlined in the Joint Africa-EU Strategy, contributing to the development and implementation of the Joint Africa-EU Strategy in partnership with the AU, respecting the principle of African ownership and working more closely with African representatives in multilateral forums in coordination with multilateral partners;

               (c)

               working with, and providing support to, the AU by supporting institutional development and strengthening the relationship between EU and AU institutions, including through development assistance, to promote:

                           —

                           peace and security: predict, prevent, manage, mediate and resolve conflict, support efforts to promote peace and stability, support post-conflict reconstruction,

                           —

                           human rights and governance: promote and protect human rights; promote fundamental freedoms and respect for the rule of law; support, through political dialogue and financial and technical assistance, African efforts to monitor and improve governance; support growth of participatory democracy and accountability; support the fight against corruption and organised crime and further promote efforts to address the issue of children and armed conflict in all its aspects,

                           —

                           sustainable growth, regional integration and trade: support efforts towards interconnectivity and facilitate people’s access to water and sanitation, energy and information technology; promote a stable, efficient and harmonised legal business framework; assist to integrate Africa into the world trade system, assist African countries to comply with EU rules and standards; support Africa in countering the effects of climate change,

                           —

                           investment in people: support efforts in the fields of gender, health, food security and education, promote exchange programmes, networks of universities and centres of excellence, address the root causes of migration.

         Furthermore, the EUSR shall play a key role in implementing the Joint Africa-EU Strategy intended to further develop and consolidate the strategic partnership between Africa and the EU.
   Article 3
   Mandate
   In order to achieve the Common Foreign and Security Policy (CFSP)/Common Security and Defence Policy (CSDP) aspects of the objectives referred to in Article 2, the mandate of the EUSR shall be to:

               (a)

               strengthen the overall EU influence in, and coordination of, the Addis Ababa-based dialogue with the AU and its Commission, on the whole range of CFSP/CSDP issues covered by the EU-AU relationship, in particular the Peace and Security Partnership and support to the operationalisation of the African Peace and Security Architecture;

               (b)

               ensure an appropriate level of political representation, reflecting the importance of the EU as a political, financial and institutional partner of the AU, and the step change in that partnership necessitated by the growing political profile of the AU on the world stage;

               (c)

               represent, should the Council so decide, EU positions and policies, when the AU plays a major role in a crisis situation for which no EUSR has been appointed;

               (d)

               help achieve better coherence, consistency and coordination of EU policies and actions towards the AU, and contribute to enhance coordination of the broader partner group and its relation with the AU;

               (e)

               contribute to the implementation of the EU’s human rights policy relevant to the AU in cooperation with the EUSR for Human Rights, including the EU Guidelines on human rights, in particular the EU Guidelines on Children and Armed Conflict as well as the EU guidelines on violence against women and girls and combating all forms of discrimination against them, and the EU policy on Women, Peace and Security and the EU Action Plan to follow-up on the Decision on the International Criminal Court;

               (f)

               follow closely, and report on, all relevant developments at AU level;

               (g)

               maintain close contact with the AU Commission, other AU organs, missions of African Sub-regional organisations to the AU and the missions of the AU Member States to the AU;

               (h)

               facilitate the relations and cooperation between the AU and African Sub-regional organisations, especially in those areas where the EU is providing support;

               (i)

               offer advice and provide support to the AU upon request in the areas outlined in the Joint Africa-EU Strategy;

               (j)

               offer advice and provide support upon request to the building up of the AU’s crisis management capabilities;

               (k)

               on the basis of a clear division of tasks, coordinate with, and support, the actions of EUSRs with mandates in AU Member States and regions; and

               (l)

               maintain close contacts and promote coordination with key international partners of the AU present in Addis Ababa, especially the United Nations, but also with non-State actors on the whole range of the CFSP/CSDP issues covered by the EU-AU partnership.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and the relevant departments thereof.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2013 to 30 June 2014 shall be EUR 585 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR’s mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and the staff of the EUSR
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR’s staff shall be agreed with the host parties, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR’s team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with the EUSR’s mandate and on the basis of the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR’s direct authority, in particular by:

               (a)

               establishing a mission-specific security plan based on guidance from the EEAS, providing for mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, and the management of security incidents, and providing for a contingency plan and a mission evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of the EUSR’s team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the Council, the Commission and the HR with written reports on their implementation and on other security issues within the framework of the progress and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union’s action and shall help ensure that all Union instruments and Member States’ actions are engaged consistently, to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region, as appropriate. The EUSR shall provide regular briefings to Member States’ missions and the Union delegations.
   2.   In the field, close liaison shall be maintained with the Heads of the Union delegations and Member States’ Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Assistance in relation to claims
   The EUSR and the EUSR’s staff shall assist in providing elements to respond any claims and obligations arising from the mandates of the previous EUSRs to the AU, and shall provide administrative assistance and access to relevant files for that purpose.
   Article 14
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the Commission and the HR with a progress report by the end of December 2013 and a comprehensive mandate implementation report at the end of the mandate.
   Article 15
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 July 2013.

      Done at Brussels, 15 July 2013.

            For the Council

            The President

         V. JUKNA

      (1)  OJ L 276, 21.10.2011, p. 46.

      (2)  OJ L 141, 27.5.2011, p. 17.


title: Council Decision of 25 June 1974 on the conclusion of an Agreement in the form of an exchange of letters renewing the Agreement on Trade and Technical Cooperation between the European Economic Community and the Member States, of the one part, and the Lebanese Republic, of the other part

text:
18 . 7 . 74                      Official Journal of the European Communities                         No L 195/23
                                                         II '
                                    (Acts whose publication is not obligatory)
                                                COUNCIL
                                             COUNCIL DECISION
                                                 of 25 June 1974
            on the conclusion of an Agreement in the form of an exchange of letters renew
            ing the Agreement on Trade and Technical Cooperation between the European
            Economic Community and the Member States, of the one part, and the
                                     Lebanese Republic, of the other part
                                                   (74/353/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Article 113 thereof ;
            Having regard to the recommendation from the Commission ;
            Whereas it is appropriate to extend the validity of the Agreement on Trade and Technical
            Cooperation between the European Economic Community and the Member States, of the
            one part, and the Lebanese Republic, of the other part, for a renewable period of one year,
            in accordance with Article XII thereof,
            HAS DECIDED AS FOLLOWS :
                                                     Article 1
            The Agreement in the form of an exchange of letters renewing the Agreement on Trade
            and Technical Cooperation between the European Economic Community and the
            Member States, of the one part, and the Lebanese Republic, of the other part, signed at
            Brussels on 21 May 1965, shall be concluded on behalf of the Community. The text of
            the exchange of letters is annexed to this Decision .
                                                     Article 2
            The President of the Council is hereby authorized to designate those persons empowered to
            sign the Agreement and to confer on them the necessary powers to bind the Community.
            Done at Luxembourg, 25 June 1974.
                                                                         For the Council
                                                                          The President
                                                                        H. D. GENSCHER
 ---pagebreak--- No L 195/24                     Official Journal of the European Communities                         18 . 7 . 74
                                                AGREEMENT
                                — in the form of an exchange of letters —
          renewing the Agreement on Trade and Technical Cooperation between the Euro
          pean Economic Community and the Member States, of the one part, and the
                                    Lebanese Republic, of the other part
                                                                                Brussels,
          Your Excellency,
          We would refer to Article XII of the Agreement on Trade and Technical Cooperation
          between the European Economic Community and the Member States, of the one part,
          and the Lebanese Republic, of the other part, signed at Brussels on 21 May 1965, and
          have the honour to inform you on ' behalf of the European Economic Community and of
          the Member States that the Council of the European Communities and the Governments
          of the Member States have agreed to a further extension of the validity of the aforesaid
          Agreement for a period of one year from 1 July 1974.
          The Council of the European Communities will notify the Government of the Lebanese
          Republic of the completion of the internal procedures necessary, both within the Euro
           pean Economic Community and within the Member States, for the entry into force of
          this extension Agreement.
          This Agreement will enter into force on the first day of the month following the month
          of such notification .
          The Council of the European Communities and the Governments of the Member States
           hereby declare that they are prepared to apply this Agreement provisionally, each for its
           part and in accordance with its own arrangements, with effect from 1 July 1974, on condi
           tion that the Government of the Lebanese Republic make a similar declaration .
           Please accept, Sir, the assurance of our highest consideration .
                                                                 On behalf of the Council
                                                              of the European Communities
           His Excellency
           Mr Ambassador
           Head of the Delegation of the Lebanese Republic to the European Communities
 ---pagebreak--- 18 . 7. 74                       Official Journal of the European Communities                          No L 195/25
                                                                                Brussels,
           Sirs,
           In your letter of             you were so good as to make, on behalf of the European
           Economic Community and of the Governments of the Member States, the following
           communication :
                 'We would refer to Article XII of the Agreement on Trade and Technical Coopera
                 tion between the European Economic Community and the Member States, of the
                 one part, and the Lebanese Republic, of the other part, signed at Brussels on 21 May
                  1965, and have the honour to inform you on behalf of the European Economic
                 Community and of the Member States that the Council of the European Communi
                 ties and the Governments of the Member States have agreed to a further extension of
                 the validity of the aforesaid Agreement for a period of one year from 1 July 1 974.
                 The Council of the European Communities will notify the Government of the Leba
                 nese Republic of the completion of the internal procedures necessary, both within
                 the European Economic Community and within the Member States, for the entry
                 into force of this extension Agreement.
                 The Agreement will enter into force on the first day of the month following the
                 month of such notification .
                 The Council of the European Communities and the Governments of the Member
                 States hereby declare that they are prepared to apply this Agreement provisionally,
                 each for its part and in accordance with its own arrangements, with effect from 1
                 July 1974, on condition that the Government of the Lebanese Republic make a
                 similar declaration '.
           I have the honour, on behalf of the Government of the Lebanese Republic, to inform you
           that the latter also agrees that the validity of the said Agreement be extended for a period
           of -one year and that it hereby declares ,that it is prepared to apply provisionally, for its
           part and in accordance with its own arrangements, this extension Agreement with effect
           from 1 July 1974.
           Please accept, Sirs, the assurance of my highest consideration .
                                                                       For the Government of
                                                                    the Republic of the Lebanon
                         The Council of the
                        European Communities
 ---pagebreak--- No L 195/26                    Official Journal of the European Communities                           18 . 7. 74
                                                 TRANSLATION
           Letter from Ambassador Ulrich Lebsanft to the Contracting Parties on signing
          the Agreement by Exchange of Letters renewing the Agreement on Trade and
          Technical Cooperation between the European Economic Community and the
           Member States , of the one part, and the Lebanese Republic , of the other part
          The Permanent Representative
          of the Federal Republic of Germany
          to the European Communities
                                                                             Brussels, 27 June 1974
          Your Excellency,
          In the name of the Government of the Federal Republic of Germany and with reference
          to the , exchange of letters, signed today, extending the Agreement on Trade and Tech
          nical Cooperation , I have the honour to inform you as follows :
          The Agreement on Trade and Technical Cooperation between the European Economic
          Community and the Member States of the one part and the Lebanese Republic of the
          other part, which is extended by today's exchange of letters, shall also apply to Land
          Berlin , unless the Government of the Federal Republic of Germany declares the contrary
          to the other parties to the Agreement within three months following the entry into force
          of the extension Agreement.
          I have made a similar declaration to the representatives of the other parties of the Agree
          ment .
          Please accept, Your Excellency, the assurance of my highest consideration .
                                                                         LEBSANFT


title: 2006/839/EC: Decision of the European Parliament of 27 April 2006 on the closure of the accounts of Eurojust for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/113

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the closure of the accounts of Eurojust for the financial year 2004
   (2006/839/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of Eurojust for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of Eurojust for the financial year 2004, together with Eurojust'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, in particular Article 276 thereof, and the EU Treaty, in particular Article 41 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 Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (4), and in particular Article 36 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), 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 Civil Liberties, Justice and Home Affairs (A6-0092/2006),

               1.

               Notes the following figures for the accounts of Eurojust for the financial years 2004 and 2003:
               Revenue and expenditure account for the financial years 2004 and 2003

                           (1000 EUR)

                           2004

                           2003  (6)

                           Operating revenue

                           Community subsidies

                           8 726

                           6 441

                           Miscellaneous revenue

                           397

                           12

                              Total (a)

                              9 123

                              6 453

                           Operating expenditure

                           Purchases of goods and services

                           4 476

                           3 228

                           Staff costs

                           4 142

                           2 112

                           Depreciation

                           332

                           211

                              Total (b)

                              8 950

                              5 551

                              Outturn for the financial year (a — b)

                              173

                              902

               2.

               Approves the closure of the accounts of Eurojust for the financial year 2004;

               3.

               Instructs its President to forward this decision to the Administrative Director of Eurojust, the Council, the Commission and the Court of Auditors and to have it 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. 33.

      (2)  OJ C 332, 28.12.2005, p. 68.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 63, 6.3.2002, p. 1. Decision as amended by Decision 2003/659/JHA (OJ L 245, 29.9.2003, p. 44).

      (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).

      (6)  The 2003 financial statements have been restated to account for the repayable amounts on the positive budgetary outturn to the European Commission for 2003 and 2002.
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/115

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for the implementation of the budget of Eurojust for the financial year 2004
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of Eurojust for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of Eurojust for the financial year 2004, together with Eurojust'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, in particular Article 276 thereof, and the EU Treaty, in particular Article 41 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 Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (4), and in particular Article 36 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), 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 Civil Liberties, Justice and Home Affairs (A6-0092/2006),

               A.

               whereas the Court of Auditors stated that it had obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2004 were reliable and that the underlying transactions, taken as a whole, were legal and regular,

               B.

               whereas the Court of Auditors states that it has obtained reasonable assurance from all the agencies, excepting the express reservations in respect of the 2004 financial year concerning the European Agency for Reconstruction, the European Centre for the Development of Vocational Training, the European Training Foundation, the European Monitoring Centre on Racism and Xenophobia and the European Food Safety Authority,

               1.

               Recalls that, under Article 185 of the Financial Regulation, Parliament shall give discharge for the implementation of the budgets of the bodies set up by the Communities and having legal personality which actually receive grants charged to the budget; points out, however, that not all of these bodies are fully, or even partially, funded via grants charged to the budget; emphasises that the discharge decision therefore covers both the budget and the non-budget funding of these bodies; considers it unacceptable that some of the bodies set up by the Union are accountable for the expenditure of income received from sources other than the budget whilst others, which do not receive a subsidy from the budget, are not; affirms the principle that all Community agencies, whether or not they are subsidised, are subject to discharge by Parliament, even when another discharge authority intervenes in accordance with their basic texts; takes the view that there is a need to review all texts that go against this principle;

               2.

               Finds table 1 of the Court of Auditors' report, introduced for the first time during the 2003 discharge exercise, which summarises Eurojust's powers and responsibilities, governance, resources, activities and services provided, of great value; notes that the information contained in table 1 is supplied by Eurojust; asks the Court of Auditors to verify the contents of table 1;

               3.

               Insists that as well as spending money properly, agencies should also strive to spend money as efficiently and effectively as possible; invites the Court of Auditors to consider the possibility of extending its specific annual reports on the agencies to include an examination of performance and achievement of objectives; in this context and in line with its resolutions on the 2003 discharge, insists that the following aspects be taken into account: that duplication of work among the agencies must be avoided as much as possible and that measures designed to improve transparency and communication with the public must be clarified, along with Community affirmative action measures at all levels of recruitment, training and the assignment of responsibilities;

               4.

               Notes that Community agencies do not always have a good image or good press and that many of them do not deserve such a negative image; points out that EU citizens should be made aware of this, with appropriate means being used to explain as often as is necessary the raisons d'être and achievements of the agencies; calls on the Commission to act accordingly, using whatever means it considers necessary;

               5.

               Notes that the enlargement of the European Union in 2004 has affected the structures and operating arrangements of the Community agencies in many ways, and that several of the agencies draw attention to these effects in their activity reports, focusing in particular on the increase in the number of administrators; calls on the Commission to assess the real or supposed problems encountered and to recommend the regulatory changes required;

               6.

               Notes that the Commission has made a commitment to harmonising the way in which activity reports concerning its directorates-general are presented; calls for a similar approach to be taken in respect of the activity reports of the Communities' agencies, which differ significantly in terms of content; calls on the Commission to point out to the Communities' agencies the information and activity indicators that they must provide;

               7.

               Is pleased to note that the Court of Auditors has been able to obtain reasonable assurance that the annual accounts for the financial year ended 31 December 2004 are reliable and that the underlying transactions, taken as a whole, are legal and regular;

               8.

               Wishes to be kept fully informed of the intentions of the Dutch host authorities regarding any new premises for Eurojust; in particular, wishes to be informed of the possibilities for Eurojust and Europol to occupy the same premises and of the conditions of such a move and the financial support that the host state will grant to Eurojust in that respect;

               9.

               Notes that Eurojust implemented a different budget from the one set by the budgetary authority; insists that Eurojust follow the correct procedures and await approval from the budgetary authority before implementing any such change in future;

               10.

               Stresses that the principle of the segregation of the duties of authorising officer and accounting officer should be respected and that there should be no repetition of the situation which occurred in 2004, when one member of staff filled both roles;

               11.

               Calls on the Commission to help the agencies follow as closely as possible the work plan agreed for the year ahead, allowing activities to be properly planned and implemented, and particularly to avoid major, last-minute changes to the work load;

               12.

               Asks the Commission to improve synergies between agencies by making cooperation more effective, avoiding duplication of work and addressing shortcomings, in particular as regards common areas such as training, the implementation of Community policies across the board, the use of the latest management systems and solving problems relating to sound management of the budget.

      (1)  OJ C 269, 28.10.2005, p. 33.

      (2)  OJ C 332, 28.12.2005, p. 68.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 63, 6.3.2002, p. 1. Decision as amended by Decision 2003/659/JHA (OJ L 245, 29.9.2003, p. 44).

      (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: 2010/448/CFSP: Council Decision 2010/448/CFSP of 11 August 2010 extending the mandate of the European Union Special Representative in the Republic of Moldova

text:
               12.8.2010

               EN

               Official Journal of the European Union

               L 211/40

         COUNCIL DECISION 2010/448/CFSP
   of 11 August 2010
   extending the mandate of the European Union Special Representative in the Republic of Moldova
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 15 February 2007, the Council adopted Joint Action 2007/107/CFSP (1) appointing Mr Kálmán MIZSEI European Union Special Representative (hereinafter the EUSR) in the Republic of Moldova.

               (2)

               On 22 February 2010, the Council adopted Decision 2010/108/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

               (3)

               The mandate of the EUSR should be extended until 28 February 2011 or until the Council decides, on a proposal by the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR), that appropriate corresponding functions to those under Decision 2010/108/CFSP have been established in the European External Action Service and terminates the mandate.

               (4)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/108/CFSP is hereby amended as follows:

               1.

               Article 1 is replaced by the following:
               ‘Article 1
               European Union Special Representative
               The mandate of Mr Kálmán MIZSEI as the EUSR in the Republic of Moldova is hereby extended until 28 February 2011 or until the Council decides, on a proposal by the High Representative, that appropriate corresponding functions to those under the current Decision have been established in the European External Action Service and terminates the mandate.’;

               2.

               Article 5 is replaced by the following:
               ‘Article 5
               Financing
               1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 March 2010 to 31 August 2010 shall be EUR 1 025 000.
               2.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 September 2010 to 28 February 2011 shall be EUR 830 000.
               3.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
               4.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.’.

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

      Done at Brussels, 11 August 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 46, 16.2.2007, p. 59.

      (2)  OJ L 46, 23.2.2010, p. 12.


title: 2010/208/: Council Decision of 29 March 2010 amending and extending Decision 2007/641/EC on the conclusion of consultations with the Republic of Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument

text:
               9.4.2010

               EN

               Official Journal of the European Union

               L 89/7

         COUNCIL DECISION
   of 29 March 2010
   amending and extending Decision 2007/641/EC on the conclusion of consultations with the Republic of Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument
   (2010/208/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the ACP-EC Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and revised in Luxembourg on 25 June 2005 (2) (hereinafter referred to as ‘the ACP-EC Partnership Agreement’), and in particular Article 96 thereof,
   Having regard to the Internal Agreement between representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (4) (hereinafter referred to as ‘the Development Cooperation Instrument’), and in particular Article 37 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The essential elements referred to in Article 9 of the ACP-EC Partnership Agreement have been violated.

               (2)

               The values referred to in Article 3 of the Development Cooperation Instrument have been violated.

               (3)

               On 18 April 2007, pursuant to Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument, formal consultations began with the ACP countries and the Republic of Fiji Islands, during which the Fijian authorities gave specific commitments to remedy the problems identified by the European Union and to implement them.

               (4)

               Some substantive initiatives had been taken in respect of some of the commitments referred to above. Nevertheless, not only have important commitments concerning essential elements of the ACP-EC Partnership Agreement and the Development Cooperation Instrument yet to be implemented, but there have also recently been important regressive developments concerning a number of key commitments, such as the abrogation of the Constitution and a further substantial delay in holding elections.

               (5)

               The period of application of Decision 2007/641/EC (5), as extended by Decision 2009/735/EC (6), expires on 31 March 2010. Therefore, the period of application of Decision 2007/641/EC should be extended,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2007/641/EC is hereby amended as follows:

               1.

               In the second paragraph of Article 3, the date ‘31 March 2010’ is replaced by that of ‘1 October 2010’.

               2.

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

         Article 2
   This Decision shall enter into force on the day of its adoption.
   Article 3
   The Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 29 March 2010.

            For the Council

            The President

         E. ESPINOSA

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 28.10.2005, p. 4.

      (3)  OJ L 317, 15.12.2000, p. 376.

      (4)  OJ L 378, 27.12.2006, p. 41.

      (5)  OJ L 260, 5.10.2007, p. 15.

      (6)  OJ L 262, 6.10.2009, p. 43.

      ANNEX

                  H.E. Ratu Epeli NAILATIKAU

                  President of the Republic of Fiji Islands

                  Suva

                  Republic of Fiji Islands

            Excellency,
      The European Union attaches great importance to the provisions of Article 9 of the Cotonou Agreement and Article 3 of the Development Cooperation Instrument. The ACP-EC partnership is founded on respect for human rights, democratic principles and the rule of law, which form the essential elements of the Cotonou Agreement and the basis of our relations.
      On 11 December 2006 the Council of the European Union condemned the military takeover in Fiji.
      Under Article 96 of the Cotonou Agreement, and considering that the military takeover on 5 December 2006 constituted a violation of the essential elements listed in Article 9 of that Agreement, the EU invited Fiji to consultations, as provided for in the Agreement, in order to thoroughly examine the situation and, where necessary, take steps to remedy it.
      The formal part of those consultations began in Brussels on 18 April 2007. The EU was pleased that at the time the Interim Government confirmed a number of key commitments regarding human rights and fundamental freedoms, respect for democratic principles and the rule of law, as noted below, and proposed positive steps regarding their implementation.
      Regrettably, there have since been a series of regressive developments, in particular in April 2009, meaning that Fiji is now in breach of a range of its commitments. Such breaches include notably the abrogation of the Constitution, the very substantial delay in holding the parliamentary elections, and human rights violations. Although implementation of the commitments has been substantially delayed, the majority of those commitments remain highly relevant to Fiji’s present situation, and are therefore annexed to this letter. As Fiji has unilaterally decided to break a number of key commitments, this has led to losses for Fiji in terms of development funds.
      However, in the spirit of partnership, which forms the cornerstone of the Cotonou Agreement, the EU expresses its readiness to engage in new formal consultations as soon as there is a reasonable prospect for a positive conclusion to such consultations. On 1 July 2009 the Interim Prime Minister presented a roadmap for reforms and for a return to democratic order. The EU stands ready to engage in dialogue regarding this roadmap, and to consider whether it may serve as a basis for new consultations. Accordingly, the EU has decided to extend the existing appropriate measures for Fiji in order to create a window of opportunity for new consultations. While some of the appropriate measures are now out-of-date, it has been concluded that rather than update them unilaterally, the EU prefers to further explore possibilities for new consultations with Fiji. Consequently, it is of particular importance that the Interim Government commits to an inclusive domestic political dialogue and to flexibility concerning the time-frame for the roadmap. While the EU’s position is, and always will be, guided by the essential elements of the revised Cotonou Agreement as well as its fundamental principles, notably regarding the pivotal role of dialogue and the fulfilment of mutual obligations, it is stressed that there are no foregone conclusions on the EU’s side regarding the outcome of future consultations.
      If new consultations result in substantial commitments from Fiji, the EU is committed to an early, positive review of these appropriate measures. Conversely, if the situation in Fiji does not improve, then further losses of development funds for Fiji are set to continue. In particular, the assessment of progress made towards return to constitutional rule will guide the EU in the upcoming decisions on Accompanying Measures for Sugar Protocol Countries and 10th EDF National Indicative Programme with respect to Fiji.
      Until new consultations have taken place the EU invites Fiji to continue and intensify the enhanced political dialogue.
      The appropriate measures are as follows:

                  —

                  humanitarian aid and direct support to civil society may continue,

                  —

                  cooperation activities under way in particular under the 8th and 9th EDFs, may continue,

                  —

                  cooperation activities that would help the return to democracy and improve governance may be pursued, save under very exceptional circumstances,

                  —

                  implementation of the sugar reform accompanying measures for 2006 may proceed. The financing agreement was signed at technical level by Fiji on 19 June 2007. It is noted that the financing agreement includes a suspension clause,

                  —

                  the Interim Government’s acceptance on 19 June 2007 of the report of 7 June by the Pacific Islands Forum’s independent election experts is in line with Commitment No 1 agreed on 18 April 2007 between the Interim Government and the EU. Consequently, the preparation and eventual signing of the multi-annual indicative programme for sugar reform accompanying measures for 2008-2010 can proceed,

                  —

                  the finalisation, signing at technical level and implementation of the Country Strategy Paper and National Indicative Programme for the 10th EDF with an indicative financial envelope, as well as the possible allocation of an incentive tranche of up to 25 % of this sum, will be subject to respect of the commitments made with regard to human rights and the rule of law, notably: that the Interim Government upholds the Constitution, that the independence of the judiciary is fully respected, that the Public Emergency Regulations, reintroduced on 6 September 2007, are lifted as soon as possible, that all allegations of human rights infringements are investigated or dealt with in accordance with the various procedures and forums under the laws of the Fiji Islands, and that the Interim Government will use its best endeavours to prevent statements by security agencies designed to intimidate,

                  —

                  the 2007 sugar allocation was zero,

                  —

                  availability of the 2008 sugar allocation was subject to evidence of credible and timely preparation of elections in accordance with the agreed commitments, notably regarding a census, the redrafting of boundaries and electoral reform in accordance with the Constitution, and measures taken to ensure the functioning of the Elections Office, including the appointment of a Supervisor of Elections by 30 September 2007 in accordance with the Constitution. This 2008 sugar allocation was lost on 31 December 2009,

                  —

                  the 2009 sugar allocation was cancelled in May 2009 because the interim Government decided to delay general elections until September 2014,

                  —

                  the 2010 allocation will depend on progress made in the continuation of the democratic process,

                  —

                  additional support for the preparation and implementation of key commitments, in particular in support of the preparation and/or holding of elections, could be considered over and above what is described in this letter,

                  —

                  regional cooperation, and Fiji’s participation in it, is unaffected,

                  —

                  cooperation with the European Investment Bank and the Centre for the Development of Enterprise may continue subject to the timely fulfilment of commitments made.

            Monitoring of the commitments will be in accordance with the commitments listed in the Annex to this letter concerning regular dialogue, cooperation with missions and reporting.
      Furthermore, the EU expects Fiji to cooperate fully with the Pacific Islands Forum regarding the implementation of the recommendations by the Eminent Persons’ Group, as endorsed by the Forum Foreign Ministers at their meeting in Vanuatu on 16 March 2007.
      The European Union will continue to follow the situation in Fiji closely. Under Article 8 of the Cotonou Agreement, an enhanced political dialogue will be conducted with Fiji to ensure respect for human rights, restoration of democracy and respect for the rule of law until both parties conclude that the enhanced nature of the dialogue has served its purpose.
      If there is a slowing down, breakdown or reversal in the implementation by the Interim Government of the commitments made, the EU reserves the right to adjust the appropriate measures.
      The EU stresses that Fiji’s privileges in its cooperation with the EU depend on respect for the essential elements of the Cotonou Agreement and the values referred to in the Development Cooperation Instrument. In order to convince the EU that the Interim Government is fully prepared to follow up on the commitments given, it is essential that early and substantial progress is made in the fulfilment of the agreed commitments.
      Yours sincerely,
      Done at Brussels,

            For the Commission

            For the Council

         ANNEX TO THE ANNEX

            COMMITMENTS AGREED WITH THE REPUBLIC OF THE FIJI ISLANDS

         A.   Respect for Democratic Principles

         Commitment No 1
         That free and fair parliamentary elections take place within 24 months from 1 March 2007, subject to the findings of an assessment to be carried out by the independent auditors appointed by the Pacific Islands Forum Secretariat. The processes leading to the holding of the elections will be jointly monitored, adapted and revised as necessary on the basis of mutually agreed benchmarks. This implies in particular that:

                     —

                     by 30 June 2007 the Interim Government will adopt a schedule setting out dates for the completion of the various steps to be taken in preparation for the new parliamentary elections,

                     —

                     the schedule specifies the timing of a census, the redrafting of boundaries and electoral reform,

                     —

                     the determination of boundaries and electoral reform will be carried out in accordance with the Constitution,

                     —

                     measures will be taken to ensure the functioning of the Elections Office, including the appointment of a Supervisor of Elections by 30 September 2007 in accordance with the Constitution,

                     —

                     the appointment of the Vice-President will be in accordance with the Constitution.

               Commitment No 2
         That the Interim Government, when adopting major legislative, fiscal and other policy initiatives and changes, will take into account consultations with civil society and other relevant stakeholders.
         B.   Rule of Law

         Commitment No 1
         That the Interim Government will use its best endeavours to prevent statements by security agencies designed to intimidate.
         Commitment No 2
         That the Interim Government upholds the 1997 Constitution and guarantees the normal and independent functioning of constitutional institutions, such as the Fiji Human Rights Commission, the Public Service Commission, and the Constitutional Offices Commission. The substantial independence and functioning of the Great Council of Chiefs will be preserved.
         Commitment No 3
         That the independence of the judiciary is fully respected, that it is allowed to work freely and that its rulings are respected by all concerned parties, in particular:

                     —

                     that the Interim Government undertakes to appoint the tribunal pursuant to Section 138(3) of the Constitution by 15 July 2007,

                     —

                     that any appointment and/or dismissal of judges is henceforth carried out in strict conformity with constitutional provisions and procedural rules,

                     —

                     that there will be no instances whatsoever of interference, of whatever form, by the military and the police or by the Interim Government with the judicial process, including full respect for the legal profession.

               Commitment No 4
         That all criminal proceedings in connection with corruption are dealt with through the appropriate judicial channels and that any other bodies that may be set up to investigate alleged cases of corruption will operate within constitutional boundaries.
         C.   Human Rights and Fundamental Freedoms

         Commitment No 1
         The Interim Government will take all necessary steps to facilitate that all allegations of human rights infringements are investigated or dealt with in accordance with the various procedures and forums under the laws of the Fiji Islands.
         Commitment No 2
         The Interim Government will lift the Public Emergency Regulations in May 2007, subject to any threats to national security, public order and safety.
         Commitment No 3
         The Interim Government is committed to ensuring that the Fiji Human Rights Commission functions with full independence and in accordance with the Constitution.
         Commitment No 4
         That freedom of expression and freedom of the media, in all forms, are fully respected as provided in the Constitution.
         D.   Follow-up of Commitments

         Commitment No 1
         That the Interim Government undertakes to maintain a regular dialogue to allow verification of the progress made and gives EU and EC authorities/representatives full access to information on all matters relating to human rights, the peaceful restoration of democracy and the rule of law in Fiji.
         Commitment No 2
         That the Interim Government cooperates fully with any missions from the EU and the EC to assess and monitor progress.
         Commitment No 3
         That the Interim Government sends progress reports every three months starting 30 June 2007 regarding the essential elements of the Cotonou Agreement and the commitments.
         It is noted that certain issues can only be effectively addressed through a pragmatic approach that acknowledges the realities of the present and which focuses on the future.