title: 2013/600/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/299

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2011
   (2013/600/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2011,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (4), and in particular Article 8 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0104/2013),

               1.

               Grants the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director-General of the Euratom Supply Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 171.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 41, 15.2.2008, p. 15.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

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

                  —

                  having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2011,

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (4), and in particular Article 8 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0104/2013),

                  A.

                  whereas the Euratom Supply Agency (‘the Agency’) was established in Luxembourg in 1958; whereas Decision 2008/114/EC established new statutes for the Agency and it thus became a European agency,

                  B.

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

                  1.

                  Notes that in 2011, the Agency did not receive any subsidy to cover its operations and that the Commission bore all expenses incurred by the Agency for the implementation of its 2011 budget; notes that this situation has continued since the creation of the Agency in 2008;

                  2.

                  Notes that in the absence of an autonomous budget, the Agency was integrated de facto in the Commission in 2011 and that this situation was at odds with its Statutes;

                  3.

                  Notes, however, that in 2011, the Commission adopted the proposal to re-establish a specific budget line (namely budget line 32 01 06) for the Agency and as a result, it was granted a subsidy of EUR 98 000 by the Commission in 2012, with a total budget of EUR 104 000 (including financial revenues) in 2012; considers that this represents a major achievement in addressing the current concerns;

                  4.

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

         (1)  OJ C 388, 15.12.2012, p. 171.

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

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

         (4)  OJ L 41, 15.2.2008, p. 15.

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

         (6)  Texts adopted, P7_TA(2013)0134 (See page 374 of this Official Journal).


title: Council Decision (EU) 2016/409 of 14 March 2016 appointing a member and an alternate member, proposed by the Kingdom of Spain, of the Committee of the Regions

text:
               19.3.2016

               EN

               Official Journal of the European Union

               L 74/38

         COUNCIL DECISION (EU) 2016/409
   of 14 March 2016
   appointing a member and an alternate member, proposed by the Kingdom of Spain, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Luisa Fernanda RUDÍ ÚBEDA.

               (3)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Roberto Pablo BERMÚDEZ DE CASTRO Y MUR,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               (a)

               as a member:

                           —

                           Sr. D. Francisco Javier LAMBÁN MONTAÑÉS, Presidente de Aragón;

                     and

               (b)

               as an alternate member:

                           —

                           Sr. D. Vicente GUILLÉN IZQUIERDO, Consejero de Presidencia del Gobierno de Aragón.

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

      Done at Brussels, 14 March 2016.

            For the Council

            The President

         M.H.P. VAN DAM

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

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

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


title: 2009/106/EC: Commission Decision of 6 February 2009 terminating the anti-dumping proceeding concerning imports of certain hot-dipped metallic-coated iron or steel flat-rolled products originating in the People's Republic of China

text:
               7.2.2009

               EN

               Official Journal of the European Union

               L 38/34

      COMMISSION DECISION

   of 6 February 2009
   terminating the anti-dumping proceeding concerning imports of certain hot-dipped metallic-coated iron or steel flat-rolled products originating in the People's Republic of China
   (2009/106/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Article 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   1.   PROCEDURE
   1.1.   Initiation of the proceeding

               (1)

               On 14 December 2007, the Commission initiated, by a notice published in the Official Journal of the European Union
                   (2) (‘notice of initiation’), an anti-dumping proceeding concerning imports into the Community of certain hot-dipped metallic-coated iron or steel flat-rolled products, i.e.:

                           —

                           flat-rolled products of iron or non-alloy steel, plated or coated with zinc and/or with aluminium (excluding electrolytically plated or coated with zinc) normally declared within CN codes 7210 41 00, 7210 49 00, 7210 61 00, 7210 69 00, 7212 30 00, 7212 50 61 and 7212 50 69,

                           —

                           flat-rolled products of alloy steel, of a width of 600 mm or more, plated or coated with zinc and/or aluminium (excluding of stainless steel, of silicon-electrical steel, of products not further worked than hot-rolled or cold-rolled (cold-reduced) and of products electrolytically plated or coated with zinc) normally declared within CN codes 7225 92 00 and ex 7225 99 00, and

                           —

                           flat-rolled products of alloy steel, of a width of less than 600 mm, plated or coated with zinc and/or aluminium (excluding of stainless steel, of silicon-electrical steel, of high-speed steel, of products not further worked than hot-rolled or cold-rolled (cold-reduced) and of products electrolytically plated or coated with zinc) normally declared within CN codes 7226 99 30 and ex 7226 99 70,

                     originating in the People's Republic of China (‘the product concerned’).

               (2)

               The anti-dumping proceeding was initiated following a complaint lodged on 30 October 2007 by EUROFER (‘the complainant’) on behalf of producers representing a major proportion, in this case more than 25 %, of the total Community production of certain hot-dipped metallic-coated iron or steel flat-rolled products.

         1.2.   Parties concerned and verification visits

               (3)

               The Commission officially advised the exporting producers in the People's Republic of China (‘PRC’) and their association, the importers/users known to be concerned, the representatives of the exporting country concerned, producers in potential analogue countries and all known Community producers of the initiation of the proceeding. The interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.

               (4)

               In view of the high number of Chinese exporting producers, Community producers and importers, sampling was envisaged in the notice of initiation for the determination of dumping, in accordance with Article 17 of the basic Regulation.

               (5)

               In order to allow exporting producers in the PRC to submit a claim for market economy treatment (‘MET’) and/or individual treatment (‘IT’), if they so wished, the Commission sent claim forms to the exporting producers known to be concerned and to the authorities of the PRC.

               (6)

               The Commission sent questionnaires to all parties known to be concerned and received replies from seven sampled Chinese exporting producers, from six Community producers, from three importers, from seven Community users and one Brazilian producer (Brazil served as analogue country). Seven Community users associations also made their views known in writing. All parties who so requested within the time limit set and indicated that there were particular reasons why they should be heard were granted a hearing.

               (7)

               The Commission sought and verified all the information it deemed necessary for the purpose of MET and for the determination of dumping, resulting injury and Community interest. Verification visits were carried out at the premises of the following companies:

                           (a)

                           Community Industry producers:

                                       —

                                       Hellenic Steel Co., Thessaloniki, Greece,

                                       —

                                       Ilva SpA, Milano, Italy,

                                       —

                                       Salzgitter AG, Salzgitter, Germany,

                                       —

                                       Thyssenkrupp Steel AG, Duisburg, Germany.

                           (b)

                           Other Community producers:

                                       —

                                       Corus UK Ltd., Newport, United Kingdom,

                                       —

                                       ArcelorMittal Piombino S.p.A., Piombino, Italy.

                           (c)

                           Exporting producers in the PRC:

                                       —

                                       Changshu Xingdao Advanced Building Material Co., Changshu,

                                       —

                                       Changshu Everbright Material Technology Co., Changshu,

                                       —

                                       Bengang Steel Plates Co, Benxi,

                                       —

                                       BX Steel Posco Cold Rolled Sheet Co. Ltd., Benxi,

                                       —

                                       Angang Group International Trade Corporation, Anshan and its related company Angang Group Hong Kong Co., Ltd. in Hong Kong,

                                       —

                                       ANSC-TKS Galvanizing Co., Dallian,

                                       —

                                       International Economics & Trading Corporation WISCO, Wuhan and its related company Wugang Trading Co. Ltd. in Hong Kong.

                           (d)

                           Unrelated importers:

                                       —

                                       Duferco SA, Lugano, Switzerland.

               (8)

               In view of the need to establish a normal value for exporting producers in the PRC to which MET might not be granted, a verification to establish normal value on the basis of data from an analogue country, Brazil in this case, took place at the premises of the following company:

                           (e)

                           Producer in analogue country:

                                       —

                                       ArcelorMittal Vega, São Francisco do Sul, Brazil.

         1.3.   Investigation period

               (9)

               The investigation of dumping and injury covered the period from 1 December 2006 to 30 November 2007 (the ‘investigation period’ or ‘IP’). The examination of trends relevant for the assessment of injury covered the period from 1 January 2004 to the end of the IP (‘the period considered’).

         1.4.   Interim Report and subsequent procedure

               (10)

               On 15 September 2008 the Commission disclosed to interested parties an Interim Report setting out its provisional findings with respect to this proceeding, i.e. the fact that the investigation established provisionally the existence of dumping but not that of material injury and underlined the need to investigate further the aspect of possible threat of injury. On the basis of the provisional findings it was considered appropriate not to impose any provisional anti-dumping duty but to continue the investigation. All parties were given an opportunity to submit relevant evidence and comments on the provisional findings. The parties who so requested were also granted the opportunity to be heard. The Commission continued to seek and verify all information it deemed necessary for its definitive findings.

         2.   WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

               (11)

               By a letter dated 11 December 2008 and addressed to the Commission, the complainant formally withdrew its complaint. According to the complainant, this withdrawal was prompted by the recent market turbulence. In view of these conditions the complainant does not want to pursue its case on volume-based threat of injury which was based on an analysis of historic data that no longer fully reflect the current market conditions. According to the complainant, it is preferable to respond in these circumstances to unfair injurious trade practices, should they occur, by way of a fresh case instead of this case which cannot fully address the totality of the issues that the Community industry must now face.

               (12)

               The complainant also argued that, taking into account the recent changes in the Chinese export stimuli plan, the Chinese exports will once again surge. In view of the above danger the complainant requested that the Commission actively monitor imports of the product concerned and be ready to open a new proceeding at short order. Finally, the complainant emphasized that it would be in the interest of China to closely monitor future exports of the product concerned ensuring responsible behaviour of Chinese exporters on the international steel market.

               (13)

               It should be noted that the current situation with respect to the product concerned both in the EC and in China is characterized by an unprecedented change of the fundamental economic considerations. While in these circumstances it is difficult to make reasoned assumptions as to the development of the market in the short to medium-term it would also seem that the economic situation is volatile and that the appearance of injurious dumping cannot be entirely excluded. It is therefore considered appropriate to monitor, in the near future, imports into the EC of the product concerned originating in the PRC. The monitoring period should not exceed 24 months from the publication of the termination of the present proceeding. The Commission does not rule out the opening of a new investigation concerning the same product if and when evidence is provided that points to injurious dumping, in line with the requirements set out in the relevant provisions of Article 5 of the basic Regulation.

               (14)

               In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn unless such termination would not be in the Community interest.

               (15)

               In this respect it is noted that the above analysis of the current situation with respect to the product concerned and any possible new investigation in the future do not put into question the complainant's action to withdraw. Therefore, the Commission considered that the present proceeding should be terminated since the investigation had not brought to light any consideration showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. However, no comments which could alter this decision were received.

               (16)

               The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Community of certain hot-dipped metallic-coated iron or steel flat-rolled products originating in the PRC should be terminated without the imposition of anti-dumping measures,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The anti-dumping proceeding concerning imports of certain hot-dipped metallic-coated iron or steel flat-rolled products i.e.:

               —

               flat-rolled products of iron or non-alloy steel, plated or coated with zinc and/or with aluminium (excluding electrolytically plated or coated with zinc) normally declared within CN codes 7210 41 00, 7210 49 00, 7210 61 00, 7210 69 00, 7212 30 00, 7212 50 61 and 7212 50 69,

               —

               flat-rolled products of alloy steel, of a width of 600 mm or more, plated or coated with zinc and/or aluminium (excluding of stainless steel, of silicon-electrical steel, of products not further worked than hot-rolled or cold-rolled (cold-reduced) and of products electrolytically plated or coated with zinc) normally declared within CN codes 7225 92 00 and ex 7225 99 00, and

               —

               flat-rolled products of alloy steel, of a width of less than 600 mm, plated or coated with zinc and/or aluminium (excluding of stainless steel, of silicon-electrical steel, of high-speed steel, of products not further worked than hot-rolled or cold-rolled (cold-reduced) and of products electrolytically plated or coated with zinc) normally declared within CN codes 7226 99 30 and ex 7226 99 70,

         originating in the People's Republic of China, is hereby terminated.

      Done at Brussels, 6 February 2009.

            For the Commission

         Catherine ASHTON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1.

      (2)  OJ C 302, 14.12.2007, p. 24.


Important legal notice

|

52007BP0117(02)

2. European Parliament decision of 24 April 2007 on closing the accounts of the European Environment Agency for the financial year 2005 (C6-0391/2006 - 2006/2158(DEC))

Official Journal 074 E , 20/03/2008 P. 0209 - 0210

		2.European Parliament decision of 24 April 2007 on closing the accounts of the European Environment Agency for the financial year 2005 (C6-0391/2006 — 2006/2158(DEC))The European Parliament,- having regard to the final annual accounts of the European Environment Agency for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Environment Agency for the financial year 2005, together with the Agency's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof,- having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [3], and in particular Article 185 thereof,- having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation network [4], and in particular Article 13 thereof,- having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 [5], and in particular Article 94 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0103/2007),1. Notes that the final annual accounts of the European Environment Agency for the financial years 2004 and 2005 are as follows:NB: Variations in total; are due to the effects of rounding.Source: Information supplied by the Agency — This table summarises the data provided by the Agency in its annual report.[6](in 1000 EUR) |Revenue and expenditure account for the financial years 2004 and 2005 || 2005 | 2004 |RevenueEC subsidy | 34970 | 29658 |Other subsidies | 745 | 1998 |Bank interest | 153 | 126 |Total revenue (a) | 35868 | 31782 |ExpenditureTotal expenditure for Title I of the budget— Payments | 13958 | 12447 |— Payments — Assigned revenues | 207 | 2 |— Appropriations carried over | 51 | 435 |— Appropriations carried over — Assigned revenue | 343 | 66 |Total expenditure for Title II of the budget— Payments | 2960 | 3451 [6] |— Payments — Assigned revenue | 16 | |— Appropriations carried over | 896 | 394 |— Appropriations carried over — Assigned revenue | 63 | 0 |Total expenditure for Title III of the budget— Payments | 8942 | 9543 |— Payments — Assigned revenue | 841 | 14 |— Appropriations carried over | 4075 | 4845 |— Appropriations carried over — Assigned revenue | 1891 | 2419 |Total expenditure (b) | 34702 | 33616 |Net result for the year (a-b) | 1164 | -2822 |Appropriations carried over and cancelled | 373 | 507 |Refunds carried over and cancelled | | 0 |Adjustment for carry-over from the previous year of appropriations available at 31.12 arising from assigned revenue | 2997 | 0 |Balance carried over from the previous year | -6360 | -4190 |Assigned revenue cancelled | | 98 |Exchange-rate differences | -7 | 3 |Regularisation regarding previous years | 0 | 43 |Balance carried forward | -1832 | -6360 |2. Approves closing the accounts of the European Environment Agency for the financial year 2005;3. Instructs its President to forward this decision to the executive director of the European Environment Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).[1] OJ C 266, 31.10.2006, p. 1.[2] OJ C 312, 19.12.2006, p. 36.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1641/2003 (OJ L 245, 29.9.2003, p. 1).[5] OJ L 357, 31.12.2002, p. 72.[6] Includes EUR 905823 of property taxes paid to the Danish government. The Agency is on the opinion that the amount should be refunded.--------------------------------------------------


title: Decision (EU) 2017/1690 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the European Union Agency for Network and Information Security for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/267

         DECISION (EU) 2017/1690 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the European Union Agency for Network and Information Security for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Network and Information Security for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Union Agency for Network and Information Security for the financial year 2015, together with the Agency's replies (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0062/2017),

               —

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

               —

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

               —

               having regard to Regulation (EU) No 526/2013 of the European Parliament and of the Council of 21 May 2013 concerning the European Union Agency for Network and Information Security (ENISA) and repealing Regulation (EC) No 460/2004 (4), and in particular Article 21 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0115/2017),

               1.

               Grants the Executive Director of the European Union Agency for Network and Information Security discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 138.

      (2)  See footnote 1.

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

      (4)  OJ L 165, 18.6.2013, p. 41.

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


Avis juridique important

|

31988D0304

88/304/EEC: Council Decision of 16 May 1988 concerning the conclusion of an Agreement in the form of a joint letter addressed to the Director-General of GATT between the European Economic Community and the Kingdom of Thailand negotiated under Article XXVIII of the GATT concerning sweet potatoes falling within CN code 0714 20 00 and intended for uses other than human consumption

Official Journal L 134 , 31/05/1988 P. 0057 - 0057 Finnish special edition: Chapter 11 Volume 14 P. 0063  Swedish special edition: Chapter 11 Volume 14 P. 0063

*****COUNCIL  DECISION  of 16 May 1988  concerning the conclusion of an Agreement in the form of a joint letter addressed to the Director-General of GATT between the European Economic Community and the Kingdom of Thailand negotiated under Article XXVIII of the GATT concerning sweet potatoes falling within CN code 0714 20 00 and intended for uses other than human consumption  (88/304/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas, in 1986, it proved necessary to adopt a safeguard measure to limit imports into the Community of sweet potatoes, which had increased in such a way as to cause serious imbalances on the Community cereals market; whereas the conditions which made such a safeguard measure necessary are the result of an imbalance in the Community's external protection against competing agricultural products; whereas it is therefore necessary to replace the safeguard measure by a long-term change in the import arrangements for sweet potatoes intended for use as animal feed;  Whereas, pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT), the Community has notified its intention of changing its tariff concessions for sweet potatoes fallling within subheading 07.06 B of the Common Customs Tariff (CN Code 0714 20 00) and intended for uses other than human consumption;  Whereas the Commission has held negotiations with the Kingdom of Thailand under Article XXVIII of the GATT; whereas it has reached an Agreement with Thailand which is found to be satisfactory,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement, in the form of a joint letter to the Director-General of GATT, between the European Community and the Kingdom of Thailand, negotiated under Article XXVIII of the GATT, concerning sweet potatoes falling within CN code 0714 20 00 and intended for uses other than human consumption, is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 16 May 1988.  For the Council  The President  I. KIECHLE


title: 2007/800/EC: Council Decision of 5 June 2007 on the signing of the Agreement between the European Community and the Republic of Turkey on the participation of the Republic of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction

text:
               8.12.2007

               EN

               Official Journal of the European Union

               L 323/23

         COUNCIL DECISION
   of 5 June 2007
   on the signing of the Agreement between the European Community and the Republic of Turkey on the participation of the Republic of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction
   (2007/800/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 152 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Council Regulation (EEC) No 302/93 of 8 February 1993 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction (1) provides, in Article 13 thereof, that the Centre is to be open to the participation of non-Community countries which share the Community's interests and those of its Member States in the Centre's objectives and work.

               (2)

               The Commission has negotiated, on behalf of the Community, an Agreement with the Republic of Turkey on the participation of the Republic of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction.

               (3)

               Subject to its conclusion, the Agreement should be signed on behalf of the Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Republic of Turkey on the participation of the Republic of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.

      Done at Luxembourg, 5 June 2007.

            For the Council

            The President

         P. STEINBRÜCK

      (1)  OJ L 36, 12.2.1993, p. 1. Regulation as last amended by Regulation (EC) No 1651/2003 (OJ L 245, 29.9.2003, p. 30).
    ---documentbreak---

               8.12.2007

               EN

               Official Journal of the European Union

               L 323/24

         AGREEMENT
   between the European Community and the Republic of Turkey on the participation of the Republic of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   of the one part, and
   THE REPUBLIC OF TURKEY, hereinafter referred to as ‘Turkey’,
   of the other part,
   hereinafter referred to as ‘the Contracting Parties’,
   RECALLING that the Luxembourg European Council in 1997 made participation in the Community programmes and agencies a way of stepping up the pre-accession strategy,
   CONSIDERING that the Community, by Council Regulation (EEC) No 302/93 (1) (the Regulation) has established the European Monitoring Centre for Drugs and Drug Addiction (the Centre),
   WHEREAS the Regulation provides in its Article 13 that the Centre shall be open to the participation of those non-Community countries which share the Community's interests and those of its Member States,
   WHEREAS Turkey shares in the aims and objectives laid down for the Centre in the Regulation because Turkey's ultimate objective is to become a member of the European Union,
   WHEREAS Turkey subscribes to the description of the tasks of the Centre and to its work method and priority areas as described in the Regulation,
   WHEREAS there exists in Turkey an institution suitable to be linked to the European Information Network on Drugs and Drug Addiction,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Participation
   Turkey shall participate fully in the work of the European Monitoring Centre for Drugs and Drug Addiction (the Centre), on the terms set out in this Agreement.
   Article 2
   European Information Network on Drugs and Drug Addiction
   1.   Turkey shall be linked to the European Information Network on Drugs and Drug Addiction (REITOX).
   2.   Turkey shall notify the Centre of the main elements of its national information network within 28 days of the entry into force of this Agreement, including its national monitoring centre, and name any other specialised centres which could make a useful contribution to the Centre's work.
   Article 3
   Management Board
   The Management Board of the Centre shall invite a representative of Turkey to participate in its meetings. The representative shall participate fully without the right to vote. The Management Board may convoke exceptionally a meeting restricted to representatives of Member States and of the European Commission on issues of interest particular to the Community and its Member States.
   The Management Board, in session with representatives of Turkey, will lay down the detailed arrangements concerning the participation of Turkey in the work of the Centre.
   Article 4
   Budget
   Turkey shall contribute financially to the activities of the Centre in accordance with the provisions laid down in Annex I to this Agreement, which shall form an integral part thereof.
   Article 5
   Protection and confidentiality of data
   1.   Where, on the basis of this Agreement, personal data which do not enable natural persons to be identified are forwarded by the Centre to the Turkish authorities in accordance with Community and Turkish law, such data may be used only for the stated purpose and under the conditions prescribed by the forwarding authority.
   2.   Data on drugs and drug addiction provided to the Turkish authorities by the Centre may be published subject to compliance with Community and Turkish rules on the dissemination and confidentiality of information. Personal data may not be published or made accessible to the public.
   3.   Designated specialised centres in Turkey shall be under no obligation to provide information classified as confidential under Turkish legislation.
   4.   In relation to data supplied by the Turkish authorities to the Centre, the latter will be bound by the rules laid down in Article 6 of the Regulation.
   Article 6
   Legal status
   The Centre shall have legal personality under Turkish law and shall enjoy in Turkey the most extensive legal capacity accorded to legal persons under Turkish law.
   Article 7
   Liability
   The liability of the Centre shall be governed by the rules laid down in Article 16 of the Regulation.
   Article 8
   Privileges and immunities
   Turkey shall apply to the Centre the Protocol on the Privileges and Immunities of the European Communities, which, as Annex II to this Agreement, shall form an integral part thereof.
   Article 9
   Staff Regulations
   By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the European Communities, Turkish nationals enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Centre.
   Article 10
   Entry into force
   The Contracting Parties shall approve this Agreement in accordance with their own procedures.
   This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties notify each other that the procedures referred to in the first subparagraph have been completed.
   Article 11
   Validity and termination
   1.   This Agreement is concluded for an unlimited period. It shall expire on Turkey's accession to the European Union.
   2.   Either Contracting Party may denounce this Agreement by a written notification to the other Contracting Party. The Agreement shall cease to be in force six months after the date of such notification.

      Съставено в Брюксел на тридесети октомври две хиляди и седма година.
      Hecho en Bruselas, el treinta de octubre de dos mil siete.
      V Bruselu dne třicátého října dva tisíce sedm.
      Udfærdiget i Bruxelles, den tredivte oktober to tusind og syv.
      Geschehen zu Brüssel am dreißigsten Oktober zweitausendsieben.
      Kahe tuhande seitsmenda aasta oktoobrikuu kolmekümnendal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις τριάντα Οκτωβρίου δύο χιλιάδες επτά.
      Done at Brussels on the thiertieth day of October in the year two thousand and seven.
      Fait à Bruxelles, le trente octobre deux mille sept.
      Fatto a Bruxelles, addì trenta ottobre duemilasette.
      Briselē, divtūkstoš septītā gada trīsdesmitajā oktobrī.
      Priimta du tūkstančiai septintųjų metų spalio trisdešimtą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-hetedik év október harmincadik napján.
      Magħmul fi Brussell, fit-tletin-il jum ta' Ottubru tas-sena elfejn u sebgħa.
      Gedaan te Brussel, de dertigste oktober tweeduizend zeven.
      Sporządzono w Brukseli, dnia trzydziestego października roku dwa tysiące siódmego.
      Feito em Bruxelas, em trinta de Outubro de dois mil e sete.
      Încħeiat la Bruxelles, treizeci octombrie două mii șapte.
      V Bruseli dna tridsiateho októbra dvetisícsedem.
      V Bruslju, dne tridesetega oktobra leta dva tisoč sedem.
      Tehty Brysselissä kolmantenakymmenentenä päivänä lokakuuta vuonna kaksituhattaseitsemän.
      Som skedde i Bryssel den trettionde oktober tjugohundrasju.
      Brüksel'de, otuz Ekim ikibinyedi gününde yapilmiștir.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar
         Avrupa Topluluğu adina

         За Република Турция
         Por la Republica de Turquia
         Za Tureckou republiku
         For Republikken Tyrkiet
         Für die Republik Türkei
         Türgi Vabariigi nimel
         Για την Τουρκική Δημοκρατία
         For the Republic of Turkey
         Pour la République de Turquie
         Per la Repubblica di Turchia
         Turcijas Republikas vārdā
         Turkijos Respublikos vardu
         A Torök Köztársaság részéről
         Għar-Repubblika tat-Turkija
         Voor de Republiek Turkije
         W imieniu Republiki Turcji
         Pela República da Turquia
         Pentru Republica Turcia
         Za Tureckú republiku
         Za Republiko Turčijo
         Turkin tasavallan puolesta
         För Republiken Turkiet
         Türkiye Cumhuriyeti adina

      (1)  OJ L 36, 12.2.1993, p. 1. Regulation as last amended by Regulation (EC) No 1651/2003 (OJ L 245, 29.9.2003, p. 30).
   ANNEX I
   FINANCIAL CONTRIBUTION OF TURKEY TO THE EUROPEAN MONITORING CENTRE FOR DRUGS AND DRUG ADDICTION

               1.

               The financial contribution to be paid by Turkey to the general budget of the European Union to participate in the European Monitoring Centre for Drugs and Drug Addiction (the Centre) will progressively increase in a four-year period during which the activities will be phased in by Turkey. The financial contributions required are:

                                       —

                                       during the first year of participation

                           EUR 100 000

                                       —

                                       during the second year of participation

                           EUR 150 000

                                       —

                                       during the third year of participation

                           EUR 210 000

                                       —

                                       during the fourth year of participation

                           EUR 271 000

                     From the fifth year of participation, the annual financial contribution to be paid by Turkey to the Centre shall be the contribution of the fourth year of participation indexed by the rate of increase of the Community subvention to the Centre.

               2.

               Turkey may partially use Community assistance to pay the contribution to the Centre with a maximum Community contribution of 75 % in the first year of participation, 60 % in the second year of participation and 50 % thereafter. Subject to a separate programming procedure, the requested Community funds will be transferred to Turkey by means of a separate financing memorandum. The remaining part of the contribution will be covered by Turkey.

               3.

               The contribution of Turkey will be managed in accordance with the financial regulation applicable to the general budget of the European Union.
               Travel costs and subsistence costs incurred by representatives and experts of Turkey for the purposes of taking part in the Centre's activities or meetings related to the implementation of the Centre's work programme shall be reimbursed by the Centre on the same basis as, and in accordance with, the procedures currently in force for the Member States of the European Union.

               4.

               For the first calendar year of its participation Turkey will pay a contribution calculated from the date of participation to the end of the year on a pro rata basis. For the following years the contribution will be in accordance with this Agreement.

         ANNEX II

      PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COMMUNITIES
      THE HIGH CONTRACTING PARTIES,
      CONSIDERING that, in accordance with Article 28 of the Treaty establishing a Single Council and a Single Commission of the European Communities, these Communities and the European Investment Bank shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of their tasks,
      HAVE AGREED upon the following provisions, which shall be annexed to this Treaty:
      CHAPTER I
      PROPERTY, FUNDS, ASSETS AND OPERATIONS OF THE EUROPEAN COMMUNITIES
      Article 1
      The premises and buildings of the Communities shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation. The property and assets of the Communities shall not be the subject of any administrative or legal measure of constraint without the authorisation of the Court of Justice.
      Article 2
      The archives of the Communities shall be inviolable.
      Article 3
      The Communities, their assets, revenues and other property shall be exempt from all direct taxes.
      The Governments of the Member States shall, wherever possible, take the appropriate measures to remit or refund the amount of indirect taxes or sales taxes included in the price of moveable or immovable property, where the Communities make, for their official use, substantial purchases the price of which includes taxes of this kind. These provisions shall not be applied, however, so as to have the effect of distorting competition within the Communities.
      No exemption shall be granted in respect of taxes and dues which amount merely to charges for public utility services.
      Article 4
      The Communities shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for their official use: articles so imported shall not be disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the government of that country.
      The Communities shall also be exempt from any customs duties and any prohibitions and restrictions on import and exports in respect of their publications.
      Article 5
      The European Coal and Steel Community may hold currency of any kind and operate accounts in any currency.
      CHAPTER II
      COMMUNICATIONS AND LAISSEZ-PASSER
      Article 6
      For their official communications and the transmission of all their documents, the institutions of the Communities shall enjoy in the territory of each Member State the treatment accorded by that State to diplomatic missions.
      Official correspondence and other official communications of the institutions of the Communities shall not be subject to censorship.
      Article 7
      1.   Laissez-passer in a form to be prescribed by the Council, which shall be recognised as valid travel documents by the authorities of the Member States, may be issued to members and servants of the institutions of the Communities by the Presidents of these institutions. These laissez-passer shall be issued to officials and other servants under conditions laid down in the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the Communities.
      The Commission may conclude agreements for these laissez-passer to be recognised as valid travel documents within the territory of non-member countries.
      2.   The provisions of Article 6 of the Protocol on the privileges and immunities of the European Coal and Steel Community shall, however, remain applicable to members and servants of the institutions who are at the date of entry into force of this Treaty in possession of the laissez-passer provided for in that Article, until the provisions of paragraph 1 of this Article are applied.
      CHAPTER III
      MEMBERS OF THE EUROPEAN PARLIAMENT
      Article 8
      No administrative or other restriction shall be imposed on the free movement of Members of the European Parliament travelling to or from the place of meeting of the European Parliament.
      Members of the European Parliament shall, in respect of customs and exchange control, be accorded:

                  (a)

                  by their own government, the same facilities as those accorded to senior officials travelling abroad on temporary official missions;

                  (b)

                  by the Government of other Member States, the same facilities as those accorded to representatives of foreign governments on temporary official missions.

            Article 9
      Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties.
      Article 10
      During the sessions of the European Parliament, its Members shall enjoy:

                  (a)

                  in the territory of their own State, the immunities accorded to members of their parliament;

                  (b)

                  in the territory of any other Member State, immunity from any measure of detention and from legal proceedings.

            Immunity shall likewise apply to Members while they are travelling to and from the place of meeting of the European Parliament.
      Immunity cannot be claimed when a Member is found in the act of committing an offence and shall not prevent the European Parliament from exercising its right to waive the immunity of one of its Members.
      CHAPTER IV
      REPRESENTATIVES OF MEMBER STATES TAKING PART IN THE WORK OF THE INSTITUTIONS OF THE EUROPEAN COMMUNITIES
      Article 11
      Representatives of Member States taking part in the work of the institutions of the Communities, their advisers and technical experts shall, in the performance of their duties and during their travel to and from the place of meeting, enjoy the customary privileges, immunities and facilities.
      This Article shall also apply to members of the advisory bodies of the Communities.
      CHAPTER V
      OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN COMMUNITIES
      Article 12
      In the territory of each Member State and whatever their nationality, officials and other servants of the Communities shall:

                  (a)

                  subject to the provisions of the Treaties relating, on the one hand, to the rules on the liability of officials and other servants towards the Communities and, on the other hand, to the jurisdiction of the Court in disputes between the Communities and their officials and other servants, be immune from legal proceedings in respect of acts performed by them in their official capacity, including their words spoken or written. They shall continue to enjoy this immunity after they have ceased to hold office;

                  (b)

                  together with their spouses and dependent members of their families, not be subject to immigration restrictions or to formalities for the registration of aliens;

                  (c)

                  in respect of currency or exchange regulations, be accorded the same facilities as are customarily accorded to officials of international organisations;

                  (d)

                  enjoy the right to import free of duty their furniture and effects at the time of first taking up their post in the country concerned, and the right to re-export free of duty their furniture and effects, on termination of their duties in that country, subject in either case to the conditions considered to be necessary by the government of the country in which this right is exercised;

                  (e)

                  have the right to import free of duty a motor car for their personal use, acquired either in the country of their last residence or in the country of which they are nationals on the terms ruling in the home market in that country, and to re-export it free of duty, subject in either case to the conditions considered to be necessary by the government of the country concerned.

            Article 13
      Officials and other servants of the Communities shall be liable to a tax for the benefit of the Communities on salaries, wages and emoluments paid to them by the Communities, in accordance with the conditions and procedure laid down by the Council, acting on a proposal from the Commission.
      They shall be exempt from national taxes on salaries, wages and emoluments paid by the Communities.
      Article 14
      In the application of income tax, wealth tax and death duties and in the application of conventions on the avoidance of double taxation concluded between Member States of the Communities, officials and other servants of the Communities who, solely by reason of the performance of their duties in the service of the Communities, establish their residence in the territory of a Member State other than their country of domicile for tax purposes at the time of entering the service of the Communities, shall be considered, both in the country of their actual residence and in the country of domicile for tax purposes, as having maintained their domicile in the latter country provided that it is a member of the Communities. This provision shall also apply to a spouse, to the extent that the latter is not separately engaged in a gainful occupation, and to children dependent on and in the care of the persons referred to in this Article.
      Moveable property belonging to persons referred to in the preceding paragraph and situated in the territory of the country where they are staying shall be exempt from death duties in that country; such property shall, for the assessment of such duty, be considered as being in the country of domicile for tax purposes, subject to the rights of non-member countries and to the possible application of provisions of international conventions on double taxation.
      Any domicile acquired solely by reason of the performance of duties in the service of other international organisations shall not be taken into consideration in applying the provisions of this Article.
      Article 15
      The Council shall, acting unanimously on a proposal from the Commission, lay down the scheme of social security benefits for officials and other servants of the Communities.
      Article 16
      The Council shall, acting on a proposal from the Commission and after consulting the other institutions concerned, determine the categories of officials and other servants of the Communities to whom the provisions of Article 12, the second paragraph of Article 13, and Article 14 shall apply, in whole or in part.
      The names, grades and addresses of officials and other servants included in such categories shall be communicated periodically to the Governments of the Member States.
      CHAPTER VI
      PRIVILEGES AND IMMUNITIES OF MISSIONS OF NON-MEMBER COUNTRIES ACCREDITED TO THE EUROPEAN COMMUNITIES
      Article 17
      The Member State in whose territory the Communities have their seat shall accord the customary diplomatic immunities and privileges to missions of non-member countries accredited to the Communities.
      CHAPTER VII
      GENERAL PROVISIONS
      Article 18
      Privileges, immunities and facilities shall be accorded to officials and other servants of the Communities solely in the interests of the Communities.
      Each institution of the Communities shall be required to waive the immunity accorded to an official or other servant wherever that institution considers that the waiver of such immunity is not contrary to the interests of the Communities.
      Article 19
      The institutions of the Communities shall, for the purpose of applying this Protocol, cooperate with the responsible authorities of the Member States concerned.
      Article 20
      Articles 12 to 15 and Article 18 shall apply to Members of the Commission.
      Article 21
      Articles 12 to 15 and Article 18 shall apply to the Judges, the Advocates General, the Registrar and the Assistant Rapporteurs of the Court of Justice and to the Members and Registrar of the Court of First Instance, without prejudice to the provisions of Article 3 of the Protocols on the Statute of the Court of Justice concerning immunity from legal proceedings of Judges and Advocates General.
      Article 22
      This Protocol shall also apply to the European Investment Bank, to the members of its organs, to its staff and to the representatives of the Member States taking part in its activities, without prejudice to the provisions of the Protocol on the Statute of the Bank.
      The European Investment Bank shall in addition be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the Bank has its seat. Similarly, its dissolution or liquidation shall not give rise to any imposition. Finally, the activities of the Bank and of its organs carried on in accordance with its Statute shall not be subject to any turnover tax.
      Article 23
      This Protocol shall also apply to the European Central Bank, to the members of its organs and to its staff, without prejudice to the provisions of the Protocol on the Statute of the European System of Central Banks and the European Central Bank.
      The European Central Bank shall, in addition, be exempt from any form of taxation or imposition of a like nature on the occasion of any increase in its capital and from the various formalities which may be connected therewith in the State where the Bank has its seat. The activities of the Bank and of its organs carried on in accordance with the Statute of the European System of Central Banks and of the European Central Bank shall not be subject to any turnover tax.
      The above provisions shall also apply to the European Monetary Institute. Its dissolution or liquidation shall not give rise to any imposition.

         IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol. Done at Brussels this eighth day of April in the year one thousand nine hundred and sixty-five.


Avis juridique important

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31985D0359

85/359/EEC: Council Decision of 16 July 1985 replacing the text of the Exchange of Letters between the European Economic Community and the People's Republic of Hungary on trade in the sheepmeat and goatmeat sector

Official Journal L 191 , 23/07/1985 P. 0050 - 0050 Finnish special edition: Chapter 3 Volume 18 P. 0245  Swedish special edition: Chapter 3 Volume 18 P. 0245

*****COUNCIL  DECISION  of 16 July 1985  replacing the text of the Exchange of Letters between the European Economic Community and the People's Republic of Hungary on trade in the sheepmeat and goatmeat sector  (85/359/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas, by Decision 84/309/EEC (1), the Council approved the exchanges of letters relating to point 2 of the Voluntary Restraint Agreements on mutton, lamb and goatmeat between the European Economic Community and Austria, Bulgaria, Czechoslovakia, Hungary, Iceland, Poland, Uruguay and Yugoslavia; whereas, however, as a result of an error in transmission, the said Decision contains an incorrect version of the exchange of letters with Hungary and whereas this error should consequently be rectified,  HAS DECIDED AS FOLLOWS:  Sole Article  The text of the exchange of letters between the European Economic Community and the People's Republic of Hungary on trade in the sheepmeat and goatmeat sector, attached to Decision 84/309/EEC, is hereby replaced by the text attached to this Decision.  Done at Brussels, 16 July 1985.  For the Council  The President  M. FISCHBACH  (1) OJ No L 154, 9. 6. 1984, p. 36.


title: Council Decision (EU) 2016/134 of 16 November 2015 on the position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, as regards the replacement of Protocol 2 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

text:
               2.2.2016

               EN

               Official Journal of the European Union

               L 25/60

         COUNCIL DECISION (EU) 2016/134
   of 16 November 2015
   on the position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, as regards the replacement of Protocol 2 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Protocol 2 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (1) (‘the Agreement’), concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation.

               (2)

               The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) lays down provisions on the origin of goods traded under relevant agreements concluded between the Contracting Parties. Bosnia and Herzegovina and other participants in the Stabilisation and Association Process from the Western Balkans were invited to join the system of pan-European diagonal cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007.

               (3)

               The Union and Bosnia and Herzegovina signed the Convention on 15 June 2011 and 24 September 2013 respectively.

               (4)

               The Union and Bosnia and Herzegovina deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 26 September 2014 respectively. Consequently, pursuant to Article 10(3) of the Convention, the Convention entered into force in relation to the Union and Bosnia and Herzegovina on 1 May 2012 and on 1 November 2014 respectively.

               (5)

               Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the Stabilisation and Association Council established by the Agreement should adopt a decision replacing Protocol 2 to the Agreement with a new protocol which, with regard to the rules of origin, refers to the Convention.

               (6)

               The position of the Union within the Stabilisation and Association Council should therefore be based on the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, as regards the replacement of Protocol 2 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be based on the draft decision of the Stabilisation and Association Council attached to this Decision.
   Technical changes to the draft decision of the Stabilisation and Association Council may be agreed to by the representatives of the Union in the Stabilisation and Association Council without any further decision of the Council.
   Article 2
   The Decision of the Stabilisation and Association Council shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 16 November 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 164, 30.6.2015, p. 2.

      (2)  OJ L 54, 26.2.2013, p. 4.

      DRAFT
      DECISION No … OF THE EU-BOSNIA AND HERZEGOVINA STABILISATION AND ASSOCIATION COUNCIL
      of
      replacing Protocol 2 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
      THE EU-BOSNIA AND HERZEGOVINA STABILISATION AND ASSOCIATION COUNCIL,
      Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (1), and in particular Article 42 thereof,
      Having regard to Protocol 2 to the Stabiliation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation,
      Whereas:

                  (1)

                  Article 42 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (‘the Agreement’) refers to Protocol 2 to the Agreement (‘Protocol 2’), which lays down the rules of origin and provides for cumulation of origin between the European Union, Bosnia and Herzegovina, Turkey and any country or territory participating in the European Union's Stabilisation and Association Process.

                  (2)

                  Article 39 of Protocol 2 provides that the Stabilisation and Association Council established in Article 115 of the Agreement may decide to amend the provisions of the Protocol.

                  (3)

                  The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) aims to replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean area with a single legal act. Bosnia and Herzegovina and other participants in the Stabilisation and Association Process from the Western Balkans were invited to join the system of pan-European diagonal cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007.

                  (4)

                  The European Union and Bosnia and Herzegovina signed the Convention on 15 June 2011 and 24 September 2013 respectively.

                  (5)

                  The European Union and Bosnia and Herzegovina deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 26 September 2014 respectively. Consequently, pursuant to Article 10(3) of the Convention, the Convention entered into force in relation to the European Union and Bosnia and Herzegovina on 1 May 2012 and on 1 November 2014 respectively.

                  (6)

                  Protocol 2 should therefore be replaced by a new protocol making reference to the Convention,

            HAS ADOPTED THIS DECISION:
      Article 1
      Protocol 2 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation is replaced by the text set out in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.
      It shall apply from …

         Done at …,

               For the Stabilisation and Association Council

               The Chairman

         (1)  OJ L 164, 30.6.2015, p. 2.

         (2)  OJ L 54, 26.2.2013, p. 4.

      ANNEX
      Protocol 2
      concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
      Article 1
      Applicable rules of origin
      1.   For the purpose of implementing this Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1) (‘the Convention’) shall apply.
      2.   All references to the ‘relevant Agreement’ in Appendix I and in the relevant provisions of Appendix II to the Convention shall be construed as references to this Agreement.
      Article 2
      Dispute settlement
      1.   Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out that verification, they shall be submitted to the Stabilisation and Association Council.
      2.   In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.
      Article 3
      Amendments to the Protocol
      The Stabilisation and Association Council may decide to amend the provisions of this Protocol.
      Article 4
      Withdrawal from the Convention
      1.   Should either the European Union or Bosnia and Herzegovina give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to Article 9 thereof, the European Union and Bosnia and Herzegovina shall immediately enter into negotiations on rules of origin for the purpose of implementing this Agreement.
      2.   Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to this Agreement. However, as of the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation between the European Union and Bosnia and Herzegovina only.
      Article 5
      Transitional provisions — cumulation
      Notwithstanding Articles 16(5) and 21(3) of Appendix I to the Convention, where cumulation involves only EFTA States, the Faroe Islands, the European Union, Turkey and the participants in the Stabilisation and Association Process, the proof of origin may be a movement certificate EUR.1 or an origin declaration.

         (1)  OJ L 54, 26.2.2013, p. 4.


title: 2009/631/EC,Euratom: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the budget of the Education, Audiovisual and Culture Executive Agency for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/27

      DECISION OF THE EUROPEAN PARLIAMENT

   of 23 April 2009
   on discharge in respect of the implementation of the budget of the Education, Audiovisual and Culture Executive Agency for the financial year 2007
   (2009/631/EC, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2007 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (SEC(2008) 2359 — C6-0415/2008) (2),

               —

               having regard to the final annual accounts of the Education, Audiovisual and Culture Executive Agency for the financial year 2007 (3),

               —

               having regard to the Commission’s annual reports to the European Parliament and to the Council on the follow-up to 2006 discharge decisions (COM(2008) 629, COM(2008) 628), and to the Commission staff working documents accompanying those reports (SEC(2008) 2579, SEC(2008) 2580),

               —

               having regard to the Commission communication entitled ‘Synthesis of the Commission's management achievements in 2007’ (COM(2008) 338),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2007 (COM(2008) 499), and to the Commission staff working document accompanying that report (SEC(2008) 2361),

               —

               having regard to the Commission’s report on Member States’ replies to the Court of Auditors’ 2006 annual report (COM(2008) 112),

               —

               having regard to the Green Paper on the European transparency initiative, adopted by the Commission on 3 May 2006 (COM(2006) 194),

               —

               having regard to Opinion No 2/2004 of the Court of Auditors on the ‘single audit’ model (and a proposal for a Community internal control framework) (4),

               —

               having regard to the Commission communication on a roadmap to an integrated internal control framework (COM(2005) 252),

               —

               having regard to the Commission action plan towards an integrated internal control framework (COM(2006) 9), the report from the Commission to the Council, the European Parliament and the Court of Auditors on the progress of the Commission action plan towards an integrated internal control framework (COM(2007) 86), and the Commission staff working document accompanying that report (SEC(2007) 311),

               —

               having regard to the first half-yearly report on the scoreboard for the application of the Commission action plan towards an integrated internal control framework published on 19 July 2006 (SEC(2006) 1009), pursuant to Parliament’s request in its resolution accompanying the discharge decision in respect of the financial year 2004,

               —

               having regard to Opinion No 6/2007 of the Court of Auditors on the annual summaries of Member States; ‘national declarations’ of Member States; and audit work on EU funds of national audit bodies (5),

               —

               having regard to the Commission’s action plan to strengthen the Commission’s supervisory role under shared management of structural actions (COM(2008) 97),

               —

               having regard to the communication from Commissioners Hübner and Špidla to the Commission giving an interim progress report on the action plan to strengthen the Commission’s supervisory role under shared management of structural actions (SEC(2008) 2756), and to the Commission staff working document accompanying that communication (SEC(2008) 2755),

               —

               having regard to the report from the Commission to the Council, the European Parliament and the Court of Auditors on the Commission action plan towards an integrated internal control framework (COM(2008) 110), and to the Commission staff working document accompanying that report (SEC(2008) 259),

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Education, Audiovisual and Culture Executive Agency for the financial year 2007, together with the Agency’s replies (6),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (7),

               —

               having regard to the Commission communication of 16 December 2008 on a common understanding of the concept of tolerable risk of error (COM(2008) 866), and to the Commission staff working document accompanying that communication (SEC(2008) 3054),

               —

               having regard to the Council’s recommendation of 10 February 2009 on the discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2007 (5589/2009 — C6-0056/2009),

               —

               having regard to Articles 274, 275 and 276 of the EC Treaty and Articles 179a and 180b of the Euratom Treaty,

               —

               having regard to Articles 246 et seq. of the EC Treaty, on the Court of Auditors,

               —

               having regard to international audit standards and international accounting standards, in particular those applying to the public sector,

               —

               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 (8), and in particular Articles 145, 146 and 147 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (9), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (10), and in particular Article 66(1) and (2) thereof,

               —

               having regard to Commission Decision 2005/56/EC of 14 January 2005 on the creation of the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003 (11),

               —

               having regard to Rule 70 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A6-0168/2009),

               A.

               whereas under Article 274 of the EC Treaty the Commission implements the budget on its own responsibility, having regard to the principles of sound financial management,

               1.

               Grants the Director of the Education, Audiovisual and Culture Executive Agency discharge for implementation of the Agency’s budget for the financial year 2007;

               2.

               Sets out its observations in the Resolution that forms an integral part of the Decisions on the discharge for implementation of the European Union general budget for the financial year 2007, Section III — Commission and executive agencies;

               3.

               Instructs its President to forward this Decision, together with the Decision on the discharge for implementation of the European Union general budget for the financial year 2007, Section III — Commission and the Resolution that forms an integral part of those decisions, to the Director of the Education, Audiovisual and Culture Executive Agency, the Council, the Commission, the Court of Justice and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 77, 16.3.2007.

      (2)  OJ C 287, 10.11.2008, p. 1.

      (3)  OJ C 278, 31.10.2008, p. 32.

      (4)  OJ C 107, 30.4.2004, p. 1.

      (5)  OJ C 216, 14.9.2007, p. 3.

      (6)  OJ C 311, 5.12.2008, p. 71.

      (7)  OJ C 287, 10.11.2008, p. 111.

      (8)  OJ L 248, 16.9.2002, p. 1.

      (9)  OJ L 11, 16.1.2003, p. 1.

      (10)  OJ L 297, 22.9.2004, p. 6.

      (11)  OJ L 24, 27.1.2005, p. 35.