title: 2009/24/EC: Council Decision of 4 December 2008 appointing a Spanish alternate member of the Committee of the Regions

text:
               15.1.2009

               EN

               Official Journal of the European Union

               L 10/14

      COUNCIL DECISION

   of 4 December 2008
   appointing a Spanish alternate member of the Committee of the Regions
   (2009/24/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Spanish 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)

               An alternate member's seat on the Committee of the Regions has become vacant following the expiry of the mandate of Ms Maria Dolores ALARCÓN MARTÍNEZ,

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

               —

               Mr Juan Antonio MORALES RODRÍGUEZ, Director General de Relaciones Institucionales y Acción Exterior, Murcia.

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

      Done at Brussels, 4 December 2008.

            For the Council

            The President

         N. KOSCIUSKO-MORIZET

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

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32004D0006

2004/6/EC: Commission Decision of 5 November 2003 establishing the Committee of European Insurance and Occupational Pensions Supervisors (Text with EEA relevance)

Official Journal L 003 , 07/01/2004 P. 0030 - 0031

Commission Decisionof 5 November 2003establishing the Committee of European Insurance and Occupational Pensions Supervisors(Text with EEA relevance)(2004/6/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) In June 2001, the Commission adopted Decisions 2001/527/EC(1) and 2001/528/EC(2) setting up the Committee of European Securities Regulators and the European Securities Committee respectively.(2) In its Resolutions of 5 February and 21 November 2002, the European Parliament endorsed the four-level regulatory framework advocated in the report of the Committee of Wise Men and called for certain aspects of that approach to be extended to the banking and insurance sectors subject to a clear Council commitment to reform to guarantee a proper institutional balance.(3) On 3 December 2002, the Council invited the Commission to implement such arrangements in the field of banking and insurance and occupational pensions, and to establish as soon as possible new committees in an advisory capacity in relation to those fields.(4) A Committee of European Insurance and Occupational Pensions Supervisors (hereinafter "the Committee") should be established to serve as an independent body for reflection, debate and advice for the Commission in the insurance, reinsurance and occupational pensions fields. However, as regards the occupational pensions field, while the Committee should consider regulatory and supervisory aspects relating to such arrangements, it should not address labour and social law aspects, such as the organisation of occupational regimes, and in particular, issues relating to compulsory membership (affiliation) or the results of collective bargaining agreements.(5) The Committee should also contribute to the consistent and timely implementation of Community legislation in the Member States by securing more effective cooperation between national supervisory authorities, carrying out peer reviews and promoting best practices.(6) The Committee should organise its own operational arrangements, in particular take account of the specificities of the relevant competent authorities, and maintain close operational links with the Commission and with the Committee established by Commission Decision 2004/9/EC of 5 November 2003, establishing a European Insurance and Occupational Pensions Committee(3). It should elect its chairperson from among its members.(7) The Committee should at an early stage consult extensively and in an open and transparent manner with market participants, consumers and end-users.(8) The Committee should drawn up its own rules of procedure and fully respect the prerogatives of the institutions and the institutional balance established by the Treaty,HAS DECIDED AS FOLLOWS:Article 1An independent advisory group on insurance and occupational pensions in the Community, called the "Committee of European Insurance and Occupational Pensions Supervisors", hereinafter "the Committee", is established.Article 2The role of the Committee shall be to advise the Commission, either at the Commission's request, within a time limit which the Commission may lay down according to the urgency of the matter, or on the Committee's own initiative, in particular as regards the preparation of draft implementing measures in the fields of insurance, reinsurance and occupational pensions.The Committee shall contribute to the consistent implementation of Community Directives and to the convergence of Member States' supervisory practices throughout the Community.The Committee shall also constitute a forum for supervisory cooperation, including the exchange of information on supervised institutions.Article 3The Committee shall be composed of high level representatives from the national public authorities competent in the field of supervision of insurance, reinsurance and occupational pensions. Each Member State shall designate high level representatives from its competent authorities to participate in the meetings of the Committee.The Commission shall be present at meetings of the Committee and shall designate a high level representative to participate in all its debates.Whenever discussion of an item on the agenda entails the exchange of confidential information concerning a supervised institution, participation in such discussion may be restricted to the supervisory authorities directly involved.The Committee shall elect a chairperson from among its members.The Committee may invite experts and observers to attend its meetings.The Committee shall not address labour and social law aspects such as the organisation of occupational regimes, in particular compulsory membership and the results of collective bargaining agreements.Article 4The Committee shall maintain close operational links with the Commission and with the Committee established by Decision 2004/9/EC.It may set up working groups. The Commission shall be invited to participate in the working groups as observer.Article 5Before transmitting its opinion to the Commission, the Committee shall, at an early stage, consult extensively and in an open and transparent manner with market participants, consumers and end-users.Article 6The Committee shall submit an annual report to the Commission.Article 7The Committee shall adopt its own rules of procedure and organise its own operational arrangements.Article 8The Committee shall take up its duties on 24 November 2003.Done at Brussels, 5 November 2003.For the CommissionFrederik BolkesteinMember of the Commission(1) OJ L 191, 13.7.2001, p. 43.(2) OJ L 191, 13.7.2001, p. 45.(3) See page 34 of this Official Journal.


title: Council Decision of 9 April 2014 amending Annexes I, II and III to Decision 2011/432/EU on the approval, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance

text:
               16.4.2014

               EN

               Official Journal of the European Union

               L 113/1

         COUNCIL DECISION
   of 9 April 2014
   amending Annexes I, II and III to Decision 2011/432/EU on the approval, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance
   (2014/218/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 81(3), in conjunction with point (b) of the second subparagraph of Article 218(6) and the first sentence of the second subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               Annex I to Council Decision 2011/432/EU (2) contains the declarations to be made by the Union at the time of the approval of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the ‘Convention’) in accordance with Article 63 thereof.

               (2)

               Annex II to Decision 2011/432/EU indicates the reservation to be made by the Union at the time of the approval of the Convention in accordance with Article 62 thereof.

               (3)

               Annex III to Decision 2011/432/EU indicates the declarations to be made by the Union at the time of the approval of the Convention in accordance with Article 63 thereof.

               (4)

               It is necessary to amend Annexes I, II and III to Decision 2011/432/EU before the Union deposits its instrument of approval of the Convention due to the accession to the Union of Croatia on 1 July 2013 and due to the notification by some Member States of amendments to the reservation and declarations regarding them.

               (5)

               The United Kingdom and Ireland are taking part in the adoption and application of this Decision.

               (6)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2011/432/EU is amended as follows:

               (1)

               Annex I is replaced by the text appearing in Annex I to this Decision;

               (2)

               Annex II is replaced by the text appearing in Annex II to this Decision;

               (3)

               Annex III is replaced by the text appearing in Annex III to this Decision.

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

      Done at Brussels, 9 April 2014.

            For the Council

            The President

         D. KOURKOULAS

      (1)  Opinion of 17 April 2013 (not yet published in the Official Journal).

      (2)  Council Decision 2011/432/EU of 9 June 2011 on the approval, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (OJ L 192, 22.7.2011, p. 39).

      ANNEX I

            ‘ANNEX I

               European Union declarations at the time of the approval of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the “Convention”) in accordance with Article 63 thereof

            A.   DECLARATION REFERRED TO IN ARTICLE 59(3) OF THE CONVENTION CONCERNING THE COMPETENCE OF THE EUROPEAN UNION OVER THE MATTERS GOVERNED BY THE CONVENTION

                        1.

                        The European Union declares that it exercises competence over all the matters governed by the Convention. The Member States shall be bound by the Convention by virtue of its approval by the European Union.

                        2.

                        The Members of the European Union are the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand-Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.

                        3.

                        However, this declaration does not apply to the Kingdom of Denmark, in accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.

                        4.

                        This declaration is not applicable to territories of the Member States to which the Treaty on the Functioning of the European Union does not apply (see Article 355 of that Treaty) and is without prejudice to such acts or positions as may be adopted pursuant to the Convention by the Member States concerned on behalf of and in the interests of those territories.

                        5.

                        The application of the Convention in cooperation between Central Authorities will be the responsibility of the Central Authorities of each individual Member State of the European Union. Accordingly, whenever a Central Authority of a Contracting State needs to contact a Central Authority of a Member State of the European Union it should contact the Central Authority concerned directly. The Member States of the European Union, if they deem it appropriate, will also attend all the Special Commissions likely to be tasked with following up the application of the Convention.

                  B.   DECLARATION REFERRED TO IN ARTICLE 2(3) OF THE CONVENTION
            The European Union declares that it will extend the application of Chapters II and III of the Convention to spousal support.’

      ANNEX II

            ‘ANNEX II

               European Union reservation at the time of the approval of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the “Convention”) in accordance with Article 62 thereof

            The European Union makes the following reservation provided for in Article 44(3) of the Convention:
            The Czech Republic, the Republic of Estonia, the Hellenic Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Kingdom of the Netherlands, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland object to the use of French in communications between Central Authorities.
            The French Republic and the Grand Duchy of Luxembourg object to the use of English in communications between Central Authorities.’

      ANNEX III

            ‘ANNEX III

               European Union declarations at the time of the approval of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the “Convention”) in accordance with Article 63 thereof

            1.   DECLARATIONS REFERRED TO IN ARTICLE 11(1)(g) OF THE CONVENTION
            The European Union declares that, in the Member States listed below, an application other than an application under Article 10(1)(a) and (2)(a) of the Convention shall include the information or documents specified for each of the listed Member States:

               The Kingdom of Belgium:

                        —

                        For applications under Article 10(1)(e) and (f) and (2)(b) and (c), the complete text of the decision or the decisions in certified copy or copies.

               The Czech Republic:

                        —

                        The power of attorney granted to the Central Authority by the applicant pursuant to Article 42.

               The Federal Republic of Germany:

                        —

                        The creditor's nationality, profession or occupation and, where appropriate, his legal representative's name and address.

                        —

                        The debtor's nationality, profession or occupation, inasmuch as they are known to the creditor.

                        —

                        In the case of an application by a public law service provider asserting transferred-right maintenance claims, the name and contact data of the person whose claim has been transferred.

                        —

                        In the case of indexation of an enforceable claim, the method of calculating the indexation and, in the event of an obligation to pay legal interest, the legal interest rate and the starting date for the mandatory interest.

               The Kingdom of Spain:

                        —

                        The creditor's nationality

                        —

                        The debtor's nationality

                        —

                        The identity number (identity card or passport) of both the creditor and the debtor.

               The French Republic:

            Applications referred to in Article 10(1)(e) and (f) and 2(b) and (c) shall be accompanied by the maintenance decision of which the modification is sought.

               The Republic of Croatia

            I.   Application under Article 10(1)(b)

                        1.

                        An application for enforcement of a decision made or recognised in the Republic of Croatia as the requested State must contain:

                                    —

                                    details of the court that issued the decision and the date on which the decision was issued,

                                    —

                                    details of the creditor's bank account (account number, name of bank, IBAN).

                        2.

                        If the applicant is a minor, the application must be signed by his or her legal representative.
                        An application for the enforcement of a decision made or recognised in the Republic of Croatia as the requested State must be accompanied by the following documents:

                                    —

                                    the original of the writ of execution or original court decision, or a certified copy of the court decision with an attestation of its enforceability,

                                    —

                                    a detailed list of arrears claimed,

                                    —

                                    in cases where indexation applies to an enforceable application, the method of calculating the indexation and, where there is an obligation to pay legal interest, an indication of the legal interest rate and the starting date for the monthly interest,

                                    —

                                    details of the bank account to which the amounts awarded should be transferred,

                                    —

                                    an official translation into Croatian, by a sworn translator, of all documents,

                                    —

                                    the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.

                  II.   Applications under Article 10(1)(c) and (d)

                        1.

                        An application for the establishment of a decision in the Republic of Croatia as the requested State must contain:

                                    —

                                    an indication of the monthly amount of maintenance claimed,

                                    —

                                    an indication of the period for which maintenance is sought,

                                    —

                                    information on the personal and social status of the applicant (the child and the parent with whom the child lives),

                                    —

                                    information on the personal and social status of the debtor — the parent with whom the child does not live, the number of persons already receiving maintenance from the debtor, if the information is available to the applicant.

                        2.

                        The application must be signed personally by the applicant or, if the applicant is a minor, by his or her legal representative.
                        An application for the establishment of a decision in the Republic of Croatia as the requested State must be accompanied by the following documents:

                                    —

                                    documents evidencing the parent-child relationship; the marital or partnership status of the applicant and of the debtor; the child's birth certificate, if parentage is to be established as a preliminary question,

                                    —

                                    the certificate of dissolution of the marriage,

                                    —

                                    the decision by the competent body on caring for the child or decision on custody of the child,

                                    —

                                    the document on the basis of which the indexation of the amount of maintenance is calculated (if provided for in the requesting State),

                                    —

                                    an official translation into Croatian, by a sworn translator, of all documents,

                                    —

                                    the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.

                  III.   Applications under Article 10(1)(e) and (f)

                        1.

                        An application for modification of a decision must include:

                                    —

                                    the name of the court that issued the decision of which modification is sought or of the body before which the maintenance agreement was concluded,

                                    —

                                    the date on which the decision was issued or the agreement concluded and the number of the decision or agreement,

                                    —

                                    the given name and family name of the parties to the proceedings and their dates of birth,

                                    —

                                    the change in circumstances of the person receiving maintenance, the debtor, the creditor and the person caring for the child, including the fact that a new decision has been issued or a new agreement concluded on caring for the child; the change in living expenses and other circumstances justifying modification of the decision,

                                    —

                                    an indication of the monthly amount claimed,

                                    —

                                    details of the creditor's bank account (account number, name of bank, IBAN).

                        2.

                        The application must be signed personally by the applicant or, if the applicant is a minor, by his or her legal representative.
                        An application for modification of a decision must be accompanied by the following documents:

                                    —

                                    the original of the writ of execution or original court decision, or a certified copy of the court decision with an attestation of its enforceability,

                                    —

                                    details of the bank account to which the amounts awarded should be transferred,

                                    —

                                    an official translation into Croatian, by a sworn translator, of all documents,

                                    —

                                    the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.

                  IV.   Applications under Article 10(2)(b) and (c)

                        1.

                        An application for modification of a decision must include:

                                    —

                                    the name of the court that issued the decision of which modification is sought or of the body before which the maintenance agreement was concluded,

                                    —

                                    the date on which the decision was issued or the agreement concluded and the number of the decision or agreement,

                                    —

                                    the given name and family name of the parties to the proceedings and their dates of birth,

                                    —

                                    the change in circumstances of the person receiving maintenance, the debtor, the creditor and the person caring for the child, including the fact that a new decision has been established or new agreement concluded on caring for the child; the change in living expenses and other circumstances justifying the modification of the decision,

                                    —

                                    an indication of the monthly amount paid prior to submission of the application and the modification sought.

                        2.

                        The application must be signed personally by the applicant.
                        An application for modification of a decision must be accompanied by the following documents:

                                    —

                                    the original of the writ of execution or original court decision, or a certified copy of the court decision with an attestation of its enforceability,

                                    —

                                    an official translation into Croatian, by a sworn translator, of all documents,

                                    —

                                    the power of attorney granted to the Central Authority by the applicant in accordance with Article 42 of the Convention.

               The Republic of Latvia:

                        —

                        The application shall include the information specified in the relevant forms recommended and published by the Hague Conference on Private International Law and shall be accompanied by a receipt for payment of state tax in cases where the applicant is not exempt from payment of state tax or does not receive legal assistance, as well as documents which confirm the information included in the application.

                        —

                        The application shall include the applicant's personal code (if assigned in the Republic of Latvia) or identification number, if assigned; the respondent's personal code (if assigned in the Republic of Latvia) or identification number, if assigned; the personal codes (if assigned in the Republic of Latvia) or identification numbers, if assigned, of all the persons for whom maintenance is sought.

                        —

                        Applications referred to in Article 10(1)(a), (b), (d) and (f) and 2(a) and (c) which do not concern child support (within the meaning of Article 15) shall be accompanied by a document showing the extent to which the applicant received free legal assistance in the State of origin, containing information on the type and amount of legal assistance already requested and indicating what further legal assistance will be needed.

                        —

                        Applications referred to in Article 10(1)(b) shall be accompanied by a document indicating the applicant's chosen means of enforcement (proceedings to recover the debtor's movable assets, funds and/or immovable property).

                        —

                        Applications referred to in Article 10(1)(b) shall be accompanied by a document containing a calculation of the debt.

                        —

                        Applications referred to in Article 10(1)(c), (d), (e) and (f) and 2(b) and (c) shall be accompanied by documents which substantiate the information concerning the financial situation and expenses of the creditor and/or debtor.

               The Republic of Malta:

            I.   Application under Article 10(1)(b)

                        1.

                        An application for enforcement of a decision shall include:

                                    —

                                    the name of the court which issued the judgment;

                                    —

                                    the date of the judgment;

                                    —

                                    details of the creditor and debtor's nationality; and

                                    —

                                    profession or occupation.

                        2.

                        The following documents shall also be enclosed:

                                    —

                                    certified copy of the judgment along with the order of its enforcement;

                                    —

                                    detailed list of arrears and in the case of indexation of an enforceable claim, the method of calculating the indexation and in the event of an obligation to pay legal interest, the legal interest rate and the starting date for the mandatory interest;

                                    —

                                    details of the bank account to which the enforced amounts should be transferred;

                                    —

                                    copy of the application together with the annexes; and

                                    —

                                    translation of all documents in the Maltese language by a professional sworn translator.

                  II.   Application under Article 10(1)(c) and (d)

            An application for the establishment of a decision awarding child support shall be accompanied by the following documents:

                        —

                        monthly amount of child support relative to each creditor; and

                        —

                        grounds for the application for the decision which shall contain information on the relationship between the creditor and debtor and the financial situation of the legal representative of the creditor and which shall include information relative to the:

                                    (i)

                                    maintenance expenses: food, health, clothing, accommodation and education. (Note: When the child support is requested for more than one child, the information has to be supplied relative to each child);

                                    (ii)

                                    sources and amount of monthly income of the parent taking care of the creditor; and

                                    (iii)

                                    monthly expenditure of the parent caring for the creditor relative to the creditor.

                  III.   Application under Article 10(1)(e) and (f)

            An application for modification of a decision awarding maintenance shall include:

                        —

                        the name of the court issuing the judgment, date of the judgment and details of the parties to the proceedings;

                        —

                        an indication of the monthly amount of maintenance claimed on behalf of each creditor in lieu of the maintenance previously awarded;

                        —

                        an indication of the change in the circumstances justifying the claim for a change to the amount of maintenance; and

                        —

                        supporting documents which have to be listed and attached to the application (Note: These documents have to be originals or certified copies).

                  IV.   Application under Article 10(2)(b) and (c)

            An application for modification of a decision awarding maintenance shall include:

                        —

                        the name of the court issuing the judgment, date of the judgment and details of the parties to the proceedings;

                        —

                        an indication of the monthly amount of maintenance claimed on behalf of each creditor in lieu of the maintenance previously awarded;

                        —

                        an indication of the change in the circumstances justifying the claim for a change to the amount of maintenance; and

                        —

                        supporting documents which have to be listed and attached to the application. (Note: These documents have to be originals or certified copies).

               The Republic of Poland:

            I.   Application under Article 10(1)(b)

                        1.

                        An application for enforcement of a decision should contain the name of the court which issued the judgment, the date of the judgment and the forename and surname of the parties to the proceedings.

                        2.

                        The following documents should be enclosed:

                                    —

                                    original of the enforceable title (certified copy of the judgment together with the order for its enforcement),

                                    —

                                    detailed list of arrears,

                                    —

                                    details of the bank account to which the enforced amounts should be transferred,

                                    —

                                    copy of the application together with annexes,

                                    —

                                    translation of all documents into Polish by a sworn translator.

                        3.

                        The application, grounds for the application, list of arrears and information on the financial situation of the debtor must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.

                        4.

                        Where the creditor is not in possession of the original of the enforceable title, the reason must be stated in the application (e.g. document lost or destroyed, or enforceable title not established by the court).

                        5.

                        In the event of loss of the enforceable title, an application for a further establishment of the enforceable title to replace the one lost should be enclosed.

                  II.   Applications under Article 10(1)(c) and (d)

                        1.

                        An application for the establishment of a decision awarding child support should contain an indication of the monthly amount requested in the title as child support for each creditor.

                        2.

                        The application and grounds for the application must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.

                        3.

                        In the grounds for an application for establishment of a decision, it is necessary to state all facts justifying the request, and in particular to supply information concerning:

                                    (a)

                                    the relationship between the creditor and debtor: child (child from a marriage/child formally recognised by the debtor/paternity of the child established by court proceedings), other relative, spouse, former spouse, related,

                                    (b)

                                    information regarding the financial situation of the creditor should contain data concerning:

                                                —

                                                the age, health and level of education of the creditor,

                                                —

                                                the monthly outgoings of the creditor (food, clothes, personal hygiene, prevention, medicine, rehabilitation, training, leisure, exceptional expenditure, etc.),

                                                —

                                                (where child support is requested for more than one entitled person — the above data should be supplied for each of these persons),

                                                —

                                                education of the parent taking care of the under-age creditor, their acquired profession and their actual profession,

                                                —

                                                sources and amount of monthly income of the parent taking care of the creditor,

                                                —

                                                monthly outgoings of the parent caring for the under-age creditor for the maintenance of himself/herself and others, in addition to the creditor, dependent on him/her for support,

                                    (c)

                                    information on the financial situation of the debtor should also contain data on the education of the debtor, their acquired profession and their actual profession.

                        4.

                        It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his/her legal representative, hearing the debtor, etc.).

                        5.

                        It is necessary to indicate each piece of evidence required and all information necessary to enable the court to take such evidence.

                        6.

                        Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.

                        7.

                        Witnesses: the first name, surname and address of each witness should be included.

                  III.   Application provided for in Article 10(1)(e) and (f)

                        1.

                        An application for modification of a decision awarding maintenance must include:

                                    (a)

                                    the name of the court issuing the judgment, the date of the judgment and the first name and surname of the parties to the proceedings,

                                    (b)

                                    an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded.

                        2.

                        The reasons given in the application should set out the change in circumstances justifying the claim for a change to the amount of maintenance.

                        3.

                        The application and grounds for the application must be signed personally by the creditor(s) or, in the case of minors, by their legal representative.

                        4.

                        It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his/her legal representative, hearing the debtor, etc.).

                        5.

                        It is necessary to indicate each piece of evidence requested and all information necessary to enable the court to take such evidence.

                        6.

                        Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.

                        7.

                        Witnesses: the first name, surname and address of each witness should be included.

                  IV.   Application provided for in Article 10(2)(b) and (c)

                        1.

                        An application for modification of a decision awarding maintenance must include:

                                    (a)

                                    the name of the court issuing the judgment, the date of the judgment and the first name and surname of the parties to the proceedings,

                                    (b)

                                    an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded.

                        2.

                        The reasons given in the application should set out the change in circumstances justifying the claim for a change to the amount of maintenance.

                        3.

                        The application and grounds for the application must be signed personally by the debtor.

                        4.

                        It should be indicated which of the facts described in the grounds are to be stated in the taking of evidence (e.g. reading the document at the hearing, hearing the witness(es), hearing the creditor or his/her legal representative, hearing the debtor, etc.).

                        5.

                        It is necessary to indicate each piece of evidence requested and all information necessary to enable the court to take such evidence.

                        6.

                        Documents should be written and attached to the application in the original or in the form of certified copies; documents drawn up in a foreign language should be accompanied by a certified translation into Polish.

                        7.

                        Witnesses: the first name, surname and address of each witness should be included.

               The Portuguese Republic:

            I.   Application under Article 10(1)(b)

            An application for enforcement of a decision shall be accompanied, in addition to the documents referred to in Article 25, by:

                        1.

                        a detailed list of arrears and, in the case of indexation of an enforceable claim, the method of calculating that indexation; in the event of an obligation to pay legal interest, an indication of the legal interest rate and the date of commencement of the obligation;

                        2.

                        full identification of the bank account to which the amounts must be transferred.

                  II.   Application under Article 10(1)(c) and (d)

            An application for establishment of a decision awarding child support, within the meaning of Article 15, shall be accompanied by the following supporting documents:

                        1.

                        monthly amount of child support applied for on behalf of each creditor;

                        2.

                        grounds for the application for establishment of a decision, which must report all the facts in support of the application and provide information on:

                                    (a)

                                    the relationship between the creditor and debtor: child (child from a marriage/child formally recognised by the debtor/paternity of the child established by court proceedings), including submission of a certificate attesting to parentage/adoption;

                                    (b)

                                    the financial situation of the legal representative of the creditor(s) (parent or guardian), which shall include data on:

                                                —

                                                monthly maintenance expenses: food, health, clothing, accommodation, education (where child support is requested for more than one entitled person, the above data should be supplied for each of these persons);

                                                —

                                                sources and amount of monthly income of the parent taking care of the creditor;

                                                —

                                                monthly outgoings of the parent caring for an under-age creditor, for the maintenance of himself/herself and others for whom he/she is responsible;

                        3.

                        application and grounds for application, signed personally by the creditor(s) or, in the case of minors, by his/her/their legal representative;

                  III.   Application under Article 10(1)(e) and (f)

            An application for modification of a decision awarding maintenance shall include:

                        1.

                        the name of the court issuing the judgment, the date of the judgment and identification of the parties to the proceedings;

                        2.

                        an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded;

                        3.

                        in its grounds, an indication of the change in circumstances justifying the claim for a change to the amount of maintenance;

                        4.

                        supporting documents, which should be listed and attached to the application — originals or certified copies;

                        5.

                        on the application and its grounds, the personal signature of the creditor(s) or, in the case of minors, of their legal representative;

                  IV.   Application under Article 10(2)(b) and (c)

            An application for modification of a decision awarding maintenance (submitted by the debtor) shall include:

                        1.

                        the name of the court issuing the judgment, the date of the judgment and identification of the parties to the proceedings;

                        2.

                        an indication of the monthly amount of maintenance claimed on behalf of each creditor instead of the maintenance previously awarded;

                        3.

                        in its grounds, an indication of the change in circumstances justifying the claim for a change to the amount of maintenance;

                        4.

                        supporting documents, which should be listed and attached to the application — originals or certified copies;

                        5.

                        on the application and its grounds, the personal signature of the debtor(s).

               The Slovak Republic:

                        —

                        Information about the nationality of all the parties involved.

               The United Kingdom of Great Britain and Northern Ireland:

               Application under Article 10(1)(b)

               England and Wales

            Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified and served of those proceedings or that he was notified of the original decision and was given opportunity to defend or appeal; Statement as to whereabouts of debtor — residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable. Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable.

               Scotland

            Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable.

               Northern Ireland

            Original and/or certified copy of decision; Certificate of enforceability; Statement of Arrears; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Statement as to whereabouts of debtor — residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Document indicating the extent that the applicant has benefited from free legal aid; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable.

               Application under Article 10(1)(c)

               England and Wales

            Documents relevant to financial situation — income/outgoings/assets; Statement as to whereabouts of defendant — residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

               Scotland

            Documents relevant to financial situation — income/outgoings/assets; Statement as to whereabouts of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Legal aid application; Document proving parentage if applicable.

               Northern Ireland

            Documents relevant to financial situation — income/outgoings/assets; Statement as to whereabouts of defendant — residential and employment; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Legal aid application; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

               Application under Article 10(1)(d)

               England and Wales

            Certified copy of decision relevant to Article 20 or Article 22 (b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation — income/outgoings/assets; Statement as to whereabouts — residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable. Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

               Scotland

            As at Article 10(1)(c) above.

               Northern Ireland

            Certified copy of decision relevant to Article 20 or 22 (b) or (e) together with documents relevant to the making of that decision; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation — income/outgoings/assets; Statement as to whereabouts — residential and employment of defendant; Statement as to identification of defendant; Photograph of defendant, if available; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Copy of any relevant court orders; Document proving parentage if applicable; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

               Application under Article 10(1)(e)

               England and Wales

            Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.

               Scotland

            Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation.

               Northern Ireland

            Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Legal aid application; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

               Application under Article 10(1)(f)

               England and Wales

            Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of order or other instrument evidencing the dissolution of the marriage or other relationship, if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor — residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant. Written statement that both parties appeared in the proceedings and if only the applicant appeared the original or certified copy of the document establishing proof of service of the notice of the proceedings on the other party.

               Scotland

            Original and/or certified copy of decision to be modified; Document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Certificate of enforceability; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Statement as to whereabouts of debtor; Statement as to identification of debtor; Photograph of debtor, if available.

               Northern Ireland

            Original and/or certified copy of decision to be modified; Document stating that the debtor appeared at the original hearing and if not, document attesting that debtor had been notified of those proceedings or that he was notified of the original decision and was given opportunity to appeal; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Certificate of enforceability; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of debtor — residential and employment; Statement as to identification of debtor; Photograph of debtor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

               Application under Article 10(2)(b)

               England and Wales

            Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

               Scotland

            Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation.

               Northern Ireland

            Copy of decision to be modified; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Legal aid application; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Any other specified documents under Articles 16(3), 25(1) (a), (b) and (d) and (3)(b) and 30(3) if relevant.

               Application under Article 10(2)(c)

               England and Wales

            Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy order or other instrument evidencing the dissolution of the marriage or other relationship if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor — residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

               Scotland

            Original and/or certified copy of decision to be modified; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Certificate from school/college if applicable; Documents relevant to change in applicant's financial situation; Statement as to whereabouts of creditor; Statement as to identification of creditor; Photograph of creditor, if available.

               Northern Ireland

            Original and/or certified copy of decision to be modified; Certificate of enforceability; Document indicating the extent that the applicant has benefited from free legal aid; Documents relevant to financial situation of applicant/defendant — income/outgoings/assets; Certified copy of Birth or Adoption Certificate of child(ren) if applicable; Certificate from school/college if applicable; Documents relevant to change in child(ren)'s situation; Certified copy of Marriage Certificate if applicable; Certified copy of Decree Nisi (interim divorce certificate) if applicable; Documents relevant to marital status of applicant/defendant, if applicable; Copy of any relevant court orders; Statement as to whereabouts of creditor — residential and employment; Statement as to identification of creditor; Photograph of creditor, if available; Any other specified documents under Articles 16(3), 25(1)(a), (b) and (d) and (3)(b) and 30(3) if relevant.

               General

            For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the England and Wales Central Authority would be grateful to receive three copies of each document, accompanied by translations into English (if necessary).
            For applications under Article 10, including Articles 10(1)(a) and 10(2)(a), the Northern Ireland Central Authority would be grateful to receive three copies of each document, accompanied by translations into English.
            2.   DECLARATIONS REFERRED TO IN ARTICLE 44(1) OF THE CONVENTION
            The European Union declares that the Member States listed below accept applications and related documents translated into, in addition to their official language, the languages specified for each of the listed Member States:

                        The Czech Republic: Slovak

                        The Republic of Estonia: English

                        The Republic of Cyprus: English

                        The Republic of Lithuania: English

                        The Republic of Malta: English

                        The Slovak Republic: Czech

                        The Republic of Finland: English

                  3.   DECLARATIONS REFERRED TO IN ARTICLE 44(2) OF THE CONVENTION
            The European Union declares that in the Kingdom of Belgium documents shall be drawn up in or translated into French, Dutch or German depending on the part of the Belgian territory in which the documents are to be submitted.
            Information on which language is to be used in any given part of the Belgian territory can be found in the Manual of receiving agencies under Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (1). This Manual can be accessed on the website of http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm
            Click on:
            “Serving documents (Regulation (EC) No 1393/2007)”/“Documents”/“Manual”/“Belgium”/“Geographical areas of competence” (pp. 13 et seq.).
            or go directly to the following address:
            http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/manual_sd_bel.pdf
            and click on “Geographical areas of competence” (pp. 13 et seq.).’

         (1)  OJ L 324, 10.12.2007, p. 79.


title: 2012/743/CFSP: Political and Security Committee Decision Atalanta/3/2012 of 27 November 2012 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

text:
               4.12.2012

               EN

               Official Journal of the European Union

               L 332/20

         POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/3/2012
   of 27 November 2012
   on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
   (2012/743/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6 (1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander.

               (2)

               On 3 July 2012, the PSC adopted Decision Atalanta/2/2012 (2) appointing Rear Admiral Enrico CREDENDINO as EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta).

               (3)

               The EU Operation Commander has recommended the appointment of Rear Admiral Pedro Ángel GARCĺA DE PAREDES PÉREZ DE SEVILLA as the new EU Force Commander for Atalanta to succeed Rear Admiral Enrico CREDENDINO.

               (4)

               The EU Military Committee supports that recommendation.

               (5)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear Admiral Pedro Ángel GARCĺA DE PAREDES PÉREZ DE SEVILLA is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast from 6 December 2012.
   Article 2
   Decision Atalanta/2/2012 is hereby repealed.
   Article 3
   This Decision shall enter into force on 6 December 2012.

      Done at Brussels, 27 November 2012.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  Political and Security Committee Decision Atalanta/2/2012 of 3 July 2012 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (OJ L 176, 6.7.2012, p. 64).


title: 2004/708/EC: Decision of the European Parliament of 21 April 2004 concerning discharge to the Director of the European Agency for Safety and Health at Work in respect of the implementation of its budget for the financial year 2002

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/8

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge to the Director of the European Agency for Safety and Health at Work in respect of the implementation of its budget for the financial year 2002
   (2004/708/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the European Agency for Safety and Health for the financial year 2002, together with the Agency's replies (1) (C5-0636/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0141/2004),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof, and to Council Regulation (EC) No 1654/2003 of 18 June 2003 amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work (3), and in particular Article 12a thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A5-0212/2004),

               1.

               Gives discharge to the Director of the European Agency for Safety and Health at Work, in respect of the implementation of its budget for the financial year 2002;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Director of the European Agency for Safety and Health at Work, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 319, 30.12.2003, p. 8.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 38.

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

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/9

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the European Agency for Safety and Health at Work in respect of the implementation of its budget for the financial year 2002
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the European Agency for Safety and Health for the financial year 2002, together with the Agency's replies (1) (C5-0636/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0141/2004),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1654/2003 of 18 June 2003 amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work (3), and in particular article 12a thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A5-0212/2004),

               A.

               whereas the European Court of Auditors (ECA) stated in its abovementioned report that it had obtained reasonable assurances that the accounts for the financial year ended 31 December 2002 are reliable and that the underlying transactions, taken as a whole, are legal and regular;

               B.

               whereas on 6 November 2003 Parliament gave discharge (5) to the Director of the Agency in respect of the implementation of its budget for the 2001 financial year, on the basis of the report of the ECA, and in so doing Parliament in its resolution, inter alia:

                           —

                           accepted the explanation given by the Agency on the circumstances that resulted in a large amount of operating appropriations being carrried over from 2001 to 2002, the main reason being the late approval of the SME accident prevention scheme that the Agency was called upon to implement;

                           —

                           noted the good overall assessment of the Agency's performance contained in the external evaluation report and took the view that consideration should be given to the Agency's position in favour of transforming the above SME scheme into a multiannual programme;

                           —

                           called on the Agency to improve the programming of its work in relation to the activities of the national focal points and noted with satisfaction the cooperation between the Agency and the Dublin Foundation;

               1.

               Notes the following figures for the accounts of the European Agency for Safety and Health for the financial years 2002 and 2001;
               Revenue and expenditure account for the financial years 2002 and 2001

                           (1000 euro)

                           2002

                           2001

                              Revenue

                           Commission subsidies

                           12 324

                           9 400

                           Other subsidies

                           252

                           184

                           Miscellaneous revenue

                           8

                           0

                           Financial revenue

                           73

                           91

                              Total revenue (a)

                              12 657

                              9 676

                              Expenditure

                              Staff — Title I of the budget

                           Payments

                           3 024

                           2 654

                           Appropriations carried over

                           136

                           168

                              Administration — Title II of the budget

                           Payments

                           1 140

                           846

                           Appropriations carried over

                           247

                           229

                              Operating activities — Title III of the budget

                           Payments

                           2 030

                           1 543

                           Appropriations carried over

                           5 623

                           5 814

                              Total expenditure (b)

                              12 199

                              11 255

                              Outturn of the financial year (a - b) (6)

                              458

                              -1 579

                           Balance carried over from the previous financial year

                           -2 185

                           - 886

                           Appropriations carried over from the previous financial year and cancelled

                           609

                           242

                           Sums to be re-used carried over from the previous financial year and not used

                           0

                           9

                           Exchange-rate differences

                           4

                           2

                           Adjustment entries

                           7

                           27

                              Balance for the financial year

                              -1 108

                              -2 185

         Implementation of the budget

               2.

               Reiterates the view, expressed in its abovementioned resolution of 6 November 2003 (point 8) accompanying the discharge for 2001, that it expects the Agency to do its utmost to improve the programming of its activities in order to reduce the large amount of carry-overs; stresses that, despite the apparent divergence of views between the ECA and the Agency as to the latter's efforts to observe the annuality principle, it nevertheless insists that further efforts should be made to reduce the amount of carry-overs through tighter programming of operational activities, even if these involve a life cycle of projects that exceed the financial year;

               3.

               Expects to be further informed by the Agency, in this respect, on its analysis of options offered by the new Financial Regulation framework in order to reconcile a proper implementation of the programmes while, at the same time, observing the principle of the annuality of the budget;

               4.

               Notes the Agency's plan to improve its system of internal control, involving the possible setting up of an Internal audit capability, and the initiatives it announced for implementing, in 2004, the internal control standards; expects to be informed on these matters by the Agency once it has completed its internal procedures;

         Legality and regularity of the underlying transactions

               5.

               Notes the ECA's criticism over the way the Agency carried out the controls of the beneficiaries under the SMEs funding scheme, in particular as regards the veracity of declared expenditure, and the ECA's observations concerning the Agency's final evaluation of some of these projects; notes also the Agency's reply that, as a consequence of such evaluations, half of the 51 project holders did not receive the full grant amount; invites the Agency to use the ‘lessons learned’ in managing the 2002 SME funding scheme to ensure greater rigour and better value for money in subsequent schemes;

               6.

               Invites the Agency to forward to its competent committees the external evaluation report of the second SME funding scheme by September 2004 and to provide information on the follow-up to the evaluation report for 2001 to 2002;

         Horizontal points on the agencies and the Commission

      Implementing the new Financial Regulation - Internal audit and control

               7.

               Reiterates the position taken in its resolutions (7) accompanying the discharge given to the agencies for 2001 as regards the implementation of the new Financial Regulation; invites the Commission and the Agencies to continue their cooperation, in particular in the areas of accounting, internal audit, management and control procedures, so as to ensure that a coherent harmonised framework for the functioning of the agencies is established;

               8.

               Recalls that it expressed concern in the discharge resolution for 2001 concerning the lack of controls on the agencies carried out by the internal audit service of the Commission (IAS); expresses grave concern that such controls do not seem to have been carried out this year; asks the Commission and the IAS to explain the reasons for this and to provide data about the number of staff available to the Internal Auditor to carry out controls in the agencies; expects the Commission to indicate how it can guarantee that sufficient and correct controls are carried out in the satellite bodies, in particular the IAS.

               9.

               Stresses that it is essential that the agencies be required to submit to the investigative powers of OLAF under the same conditions as the institutions (8); invites the ECA to provide information, in time for adoption of the discharge resolution, on whether the Community bodies which acceded to the Interinstitutional Agreement of 25 May 1999 (9) on internal investigations by OLAF did so in the same terms as those laid down in the annex to this Agreement;

         Financial Management

               10.

               Notes that in some of the agencies' replies to the questionnaire concerning the way in which the recurrent problem of substantial carry-overs might be addressed, mention is made of the possibilities offered by the new Financial Regulation, which provides for the use of ‘differentiated appropriations’; invites the agencies to better explain their analysis and to indicate in particular which of their activities of a multi-annual nature might be financed by such appropriations;

               11.

               Invites the Commission to present its position on such a solution and, should it consider that this solution is not feasible, to outline alternatives allowing for a substantial reduction in carry-overs;

         Review of the agencies

               12.

               Stresses that, prior to any decision to set up an agency, the Commission must make a rigorous analysis of the need for and added value of the functions that the agency will perform, with an eye to the principles of subsidiarity, budgetary rigour and procedural simplification;

               13.

               Calls on the Commission to make a general study of activities currently carried out by various Community bodies that might overlap or serve the same goals, and to propose appropriate solutions, including the possible mergers of agencies;

               14.

               Is concerned by the fact that there is an imbalance between administrative and operational expenditure in many agencies, with administrative expenditure exceeding expenditure for operational purposes; calls therefore on the Commission and the Agencies to set targets and a timetable to reduce the level of administrative expenditure as a proportion of total expenditure; notes that many agencies see opportunities in this regard, as listed in the questionnaire;

               15.

               With reference to the replies to the questionnaire on interinstitutional cooperation, encourages the agencies to improve cooperation between themselves in order to meet their needs in specific areas (for example, software development) and reduce costs, rather than adopt solutions which were initially designed for the purposes of the Commission but which often prove to be too cumbersome and complicated for the agencies' specific needs;

               16.

               Encourages the Agencies to organise and develop a close working relationship with the competent parliamentary committees; invites its standing committees with competence in the areas of activity of each of the Agencies to coordinate their action with the Committees of Budgets and Budgetary Control, with a view to ensuring efficient monitoring of the activity of the Agencies;

         New sources of financing

               17.

               Welcomes the responses and ideas that emerged from the questionnaire concerning the possibilities of other sources of financing; notes that many current sources and proposals concern the letting of buildings and facilities and the sale of publications and information; realises that for reasons of independence, among other things, not all agencies are to accept additional financial sources; stresses the economies of scale and financial benefits of the participation of non-EU countries in the activities of certain agencies; calls on the Commission and the agencies to come forward with constructive proposals with regard to further development of new sources of additional financing, which would increase the level of self-financing;

               18.

               Welcomes the financial contributions of some Member States and regions to the agencies located on their area; considers it important for Council and the Commission to demand such contributions, especially when new agencies are set up;

         Harmonised operating framework

               19.

               Recalls its position (10) that the multitude of different forms in the existing agencies' structures was thought to be ‘neither transparent nor comprehensible, and, even bearing in mind the differences in tasks, not justified’; invites the Commission to conduct a review of all the existing agencies with a view to proposing, where appropriate, amendments to their basic instruments (11) so as to adapt them to the models that the future regulatory framework should encompass; instructs its competent committees to follow up this comprehensive review exercise, which should be conducted as soon as possible, and to take into consideration the horizontal issues mentioned in this discharge resolution;

               20.

               Invites the Commission to present appropriate proposals, aimed at creating such a harmonised framework for the agencies, prior to or at least in parallel with the presentation of the legislative proposals for the new agencies; insists that an interinstitutional agreement spelling out common guidelines is a pre-condition for creating the harmonised framework;

         Staff policy

               21.

               Notes that, as a result of the new Financial Regulation, the organigrams of the agencies are established by the budgetary authority; stresses the importance of this change for the agency discharge procedure in the years to come as regards checking application of the Staff Regulation in matters of recruitment, promotion policy, vacancy rates and recruitment policy;

               22.

               Notes that, in response to a questionnaire tabled in the course of the budgetary procedure for 2004, it was established that, on average, it took considerably fewer years to obtain promotion at several agencies than is the policy in the Commission, that vacancy rates were considerably higher compared to other institutions and that several of the requested new posts were not proposed at the lowest grade; considers that staff policy should form an important part of a review of the existing agencies;

               23.

               Considers that the staff policy of the agencies should comply with the Financial Regulation, the Staff Regulations and the best practice generally followed by the Institutions; considers that the Commission has been requested to give, before the 2005 budgetary procedure, guidelines concerning staff policy, notably the rate of vacant posts, the rate of promotions, the level of recruitment and the standard career profile;

               24.

               Recalls the principle that the agencies should as far as possible employ staff on temporary contracts, in order to maintain flexibility and efficiency;

               25.

               Is concerned about the serious anomalies detected in connection with the selection procedures of the European Monitoring Centre for Drugs and Drug Addiction, including: imprecise notice, incomplete selection committee minutes, criteria for assessing candidates not defined in advance (12); is very concerned that this might not be an isolated case but that Agencies in general might have difficulty in managing these rather complex procedures in a fair and transparent manner;

               26.

               Is of the opinion that selection procedures organised by Agencies should meet the same standards as those organised by the European Personnel Selection Office (EPSO) and that they should not be perceived as a backdoor for easy entry into the European civil service;

               27.

               Invites the Commission to make proposals in order to ensure that the Agencies benefit from appropriate support from the EPSO when organising selection procedures and that there is a mechanism in place to validate the outcome of such procedures externally before recruitment takes place.

      (1)  OJ C 319, 30.12.2003, p. 8.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 38.

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

      (5)  OJ L 333, 20.12.2003, p. 52.

      (6)  Calculation according to the principles of Article 15 of Council Regulation(EC, Euratom) No 1150/2000 (OJ L 130, 31.5.2000, p. 8).

      (7)  OJ L 148, 16.6.2003, p. 83 and OJ L 333, 20.12.2003, p. 53 (point 18).

      (8)  Texts adopted, 13.1.2004, P5_TA(2004) 0015.

      (9)  OJ L 136, 31.5.1999, p. 15.

      (10)  P5_TA(2004) 0015 (paragraphs13 and 14).

      (11)  P5_TA(2004) 0015 (paragraph 24).

      (12)  See paragraph 13 of the Court of Auditors' specific report for 2002 (p. 64).


Avis juridique important

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32003D0663

2003/663/CFSP: Council Decision 2003/663/CFSP of 10 December 2002 concerning the conclusion of the Agreements between the European Union and Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Iceland, Latvia, Lithuania, Norway, Romania, the Slovak Republic, Slovenia, Switzerland, Turkey and Ukraine on the participation of these States to the European Union Police Mission (EUPM) in Bosnia and Herzegovina

Official Journal L 239 , 25/09/2003 P. 0001 - 0001

Council Decision 2003/663/CFSPof 10 December 2002concerning the conclusion of the Agreements between the European Union and Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Iceland, Latvia, Lithuania, Norway, Romania, the Slovak Republic, Slovenia, Switzerland, Turkey and Ukraine on the participation of these States to the European Union Police Mission (EUPM) in Bosnia and HerzegovinaTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 24 thereof,Having regard to the recommendation from the Presidency,Whereas:(1) On 11 March 2002, the Council adopted Joint Action 2002/210/CFSP on the European Union Police Mission(1).(2) Article 8(3) of that Joint Action provides that detailed arrangements regarding the participation of third States to the EUPM shall be subject to agreements pursuant to Article 24 of the Treaty on European Union.(3) Following the Council decision of 14 October 2002 authorising the Presidency to open negotiations, the Presidency negotiated agreements with Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Iceland, Latvia, Lithuania, Norway, Romania, the Slovak Republic, Slovenia, Switzerland, Turkey and Ukraine on their participation to the EUPM.(4) These agreements should be approved,HAS DECIDED AS FOLLOWS:Article 1The agreements between the European Union and Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Iceland, Latvia, Lithuania, Norway, Romania, the Slovak Republic, Slovenia, Switzerland, Turkey and Ukraine on the participation of these States to the European Union Police Mission (EUPM) in Bosnia and Herzegovina are hereby approved on behalf of the European Union.The texts of these agreements are attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign these agreements in order to bind the European Union.Article 3This Decision shall be published in the Official Journal of the European Union.Article 4This decision shall take effect on the day of its publication.Done at Brussels, 10 December 2002.For the CouncilThe PresidentP. S. Møller(1) OJ L 70, 13.3.2002, p. 1.