title: Council Decision of 2 December 2013 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work

text:
               10.12.2013

               EN

               Official Journal of the European Union

               C 360/8

         COUNCIL DECISION
   of 2 December 2013
   appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work
   2013/C 360/07
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (1), and in particular Article 8 thereof,
   Having regard to the lists of nominations for appointment submitted to the Council by the Governments of the Member States and by the employees’ and the employers’ organisations,
   Having regard to the lists of members and alternate members of the Advisory Committee on Safety and Health at Work,
   Whereas:

               (1)

               By its Decision of 22 November 2010 (2), the Council appointed the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period from 8 November 2010 to 7 November 2013.

               (2)

               The members and alternate members of the Governing Board of the European Agency for Safety and Health at Work should be appointed for a period of three years,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following shall be appointed members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2016:
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Members

               Alternates

               Belgium

               Mr Jan BATEN

               Ms Véronique CRUTZEN

               Bulgaria

               Ms Darina KONOVA

               Ms Vaska SEMERDZHIEVA

               Czech Republic

               Mr Jaroslav HLAVÍN

               Ms Anežka SIXTOVÁ

               Denmark

               Ms Charlotte SKJOLDAGER

               Ms Annemarie KNUDSEN

               Germany

               Mr Kai SCHÄFER

               Ms Ellen ZWINK

               Estonia

               Ms Kristel PLANGI

               Mr Rein REISBERG

               Ireland

               Ms Margaret LAWLOR

               Ms Paula GOUGH

               Greece

               Mr Antonios CHRISTODOULOU

               Ms Stamatia PISIMISI

               Croatia

               Mr Zdravko MURATTI

               Ms Inga ŽIC

               Spain

               Ms María Dolores LIMÓN TAMÉS

               Mr Mario GRAU RÍOS

               France

               Ms Sophie BARON

               Mr Olivier MEUNIER

               Italy

               Mr Paolo ONELLI

               Ms Carla ANTONUCCI

               Cyprus

               Mr Anastassios YIANNAKI

               Mr Aristodemos ECONOMIDES

               Latvia

               Mr Renārs LŪSIS

               Ms Jolanta GEDUŠA

               Lithuania

               Ms Aldona SABAITIENĖ

               Ms Vilija KONDROTIENĖ

               Luxembourg

               Mr Robert HUBERTY

               Mr Raoul SCHMIDT

               Hungary

               Malta

               Mr Mark GAUCI

               Mr Vincent ATTARD

               Netherlands

               Mr Rob TRIEMSTRA

               Mr Martin G. DEN HELD

               Austria

               Ms Gertrud BREINDL

               Ms Anna RITZBERGER-MOSER

               Poland

               Ms Danuta KORADECKA

               Mr Daniel Andrzej PODGÓRSKI

               Portugal

               Mr Antόnio SANTOS

               Mr Carlos PEREIRA

               Romania

               Mr Niculae VOINOIU

               Mr Marian TĂNASE

               Slovenia

               Ms Tatjana PETRIČEK

               Mr Jože HAUKO

               Slovakia

               Ms Laurencia JANČUROVÁ

               Ms Eleonόra FABIÁNOVÁ

               Finland

               Mr Leo SUOMAA

               Mr Wiking HUSBERG

               Sweden

               Mr Mikael SJÖBERG

               Mr Per EWALDSSON

               United Kingdom

               Mr Clive FLEMING

               Mr Stuart BRISTOW

   II.   REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS

               Country

               Members

               Alternates

               Belgium

               Mr François PHILIPS

               Mr Herman FONCK

               Bulgaria

               Mr Aleksander ZAGOROV

               Mr Ivan KOKALOV

               Czech Republic

               Mr Miroslav KOSINA

               Ms Radka SOKOLOVÁ

               Denmark

               Mr Jan KAHR FREDERIKSEN

               Mr Stephan AGGER

               Germany

               Estonia

               Mr Argo SOON

               Ms Aija MAASIKAS

               Ireland

               Mr Sylvester CRONIN

               Ms Esther LYNCH

               Greece

               Mr Andreas STOIMENIDIS

               Mr Ioannis ADAMAKIS

               Croatia

               Ms Gordana PALAJSA

               Mr Marko PALADA

               Spain

               Mr Pedro J. LINARES

               Ms Marisa RUFINO

               France

               Italy

               Mr Marco LUPI

               Mr Sebastiano CALLERI

               Cyprus

               Latvia

               Mr Ziedonis ANTAPSONS

               Mr Mārtiņš PUŽULS

               Lithuania

               Luxembourg

               Mr Serge SCHIMOFF

               Mr Marcel GOEREND

               Hungary

               Mr Károly GYÖRGY

               Mr Szilárd SOMLAI

               Malta

               Mr Anthony CASARU

               Mr Joseph CARABOTT

               Netherlands

               Mr H. VAN STEENBERGEN

               Ms Sonja BALJEU

               Austria

               Ms Julia NEDJELIK-LISCHKA

               Mr Alexander HEIDER

               Poland

               Mr Dariusz GOC

               Ms Marzena FLIS

               Portugal

               Mr Fernando José MACHADO GOMES

               Romania

               Mr Corneliu CONSTANTINOAIA

               Mr Adrian CLIPII

               Slovenia

               Slovakia

               Mr Bohuslav BENDÍK

               Mr Alexander ŤAŽÍK

               Finland

               Mr Erkki AUVINEN

               Ms Paula ILVESKIVI

               Sweden

               Ms Christina JÄRNSTEDT

               United Kingdom

               Mr Hugh ROBERTSON

   III.   REPRESENTATIVES OF EMPLOYERS’ ORGANISATIONS

               Country

               Members

               Alternates

               Belgium

               Mr Kris DE MEESTER

               Mr Thierry VANMOL

               Bulgaria

               Mr Georgi STOEV

               Czech Republic

               Mr Karel PETRŽELKA

               Mr Martin RÖHRICH

               Denmark

               Ms Christina SODE HASLUND

               Germany

               Mr Eckhard METZE

               Mr Stefan ENGEL

               Estonia

               Mr Marek SEPP

               Ms Marju PEÄRNBERG

               Ireland

               Ms Theresa DOYLE

               Mr Carl ANDERS

               Greece

               Mr Christos KAVALOPOULOS

               Mr Pavlos KYRIAKONGONAS

               Croatia

               Mr Nenad SEIFERT

               Ms Admira RIBIČIĊ

               Spain

               Ms Marina GORDON ORTIZ

               France

               Italy

               Ms Fabiola LEUZZI

               Cyprus

               Mr Polyvios POLYVIOU

               Mr Emilios MICHAEL

               Latvia

               Lithuania

               Luxembourg

               Mr François ENGELS

               Mr Pierre BLAISE

               Hungary

               Malta

               Netherlands

               Mr W.M.J.M. VAN MIERLO

               Mr R. VAN BEEK

               Austria

               Ms Christa SCHWENG

               Ms Julia ENZELSBERGER

               Poland

               Portugal

               Mr Manuel Marcelino PENA COSTA

               Mr Luís HENRIQUE

               Romania

               Mr Ovidiu NICOLESCU

               Mr Octavian Alexandru BOJAN

               Slovenia

               Mr Igor ANTAUER

               Slovakia

               Mr Rόbert MEITNER

               Finland

               Mr Jan SCHUGK

               Mr Rauno TOIVONEN

               Sweden

               Ms Bodil MELLBLOM

               Ms Cecilia ANDERSSON

               United Kingdom

               Ms Lena TOCHTERMANN

               Ms Hannah MURPHY

         Article 2
   The Council will appoint the members and alternate members not yet nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 2 December 2013.

            For the Council

            The President

         E. GUSTAS

      (1)  OJ L 216, 20.8.1994, p. 1.

      (2)  OJ C 322, 27.11.2010, p. 3.


title: Council Decision 2004/924/CFSP of 22 November 2004 concerning the conclusion of the Agreement between the European Union and Georgia on the status and activities of the European Union Rule of Law Mission in Georgia, EUJUST THEMIS

text:
               30.12.2004

               EN

               Official Journal of the European Union

               L 389/41

         COUNCIL DECISION 2004/924/CFSP
   of 22 November 2004
   concerning the conclusion of the Agreement between the European Union and Georgia on the status and activities of the European Union Rule of Law Mission in Georgia, EUJUST THEMIS
   THE 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 28 June 2004, the Council adopted Joint Action 2004/523/CFSP on the European Union Rule of Law Mission in Georgia, EUJUST THEMIS (1).

               (2)

               Article 7 of the Joint Action provides that the status of EUJUST THEMIS staff in Georgia, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUJUST THEMIS, shall be agreed in accordance with the procedure laid down in Article 24 of the Treaty on European Union.

               (3)

               Following the Council authorisation of 28 June 2004 given to the Secretary-General/High Representative for the Common Foreign and Security Policy, assisting the Presidency, to open negotiations on its behalf, the Secretary-General/High Representative negotiated an Agreement with the Government of Georgia on the status and activities of EUJUST THEMIS.

               (4)

               Notwithstanding Article 10(4) of the Agreement, procurement of goods and services by EUJUST THEMIS should comply with the principles of transparency, proportionality, equal treatment and non-discrimination.

               (5)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and Georgia on the status and activities of the European Union Rule of Law Mission in Georgia, EUJUST THEMIS, is hereby approved on behalf of the European Union.
   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 in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 November 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ L 228, 29.6.2004, p. 21.
   AGREEMENT
   between the European Union and Georgia on the status and activities of the European Union Rule of Law Mission in Georgia, EUJUST THEMIS
   THE EUROPEAN UNION, hereinafter referred to as the ‘EU’,
   on the one hand, and
   GEORGIA, hereinafter referred to as the ‘Host Party’,
   on the other hand,
   together hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:

               (1)

               the letter from Prime Minister Zhvania of the Host Party dated 3 June 2004, inviting the EU to launch a Rule of Law Mission and foreseeing appropriate arrangements between the Government of the Host Party and the EU,

               (2)

               the response of the Secretary-General/High Representative for the Common Foreign and Security Policy dated 30 June 2004 accepting the invitation,

               (3)

               the adoption by the Council of the European Union on 28 June 2004 of Joint Action 2004/523/CFSP on the EU Rule of Law Mission EUJUST THEMIS in the Host Party,

               (4)

               the duration of EUJUST THEMIS, anticipated to last 12 months,

               (5)

               the Partnership and Cooperation Agreement between the Host Party and the European Communities and their Member States, signed on 22 April 1996, containing provisions on cooperation on matters relating to democracy, rule of law and human rights and fundamental freedoms,

               (6)

               that the purpose of the privileges and immunities as provided for in this Agreement is not to benefit individuals but to ensure the efficient performance of the EU Mission,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Scope of application and definitions
   1.   The provisions of this Agreement and any obligation undertaken by the Host Party or any privilege, immunity, facility or concession granted to EUJUST THEMIS or EUJUST THEMIS personnel shall apply in the territory of the Host Party only.
   2.   For the purpose of this Agreement, the following definitions shall apply:

               (a)

               ‘EUJUST THEMIS’ means the European Union Rule of Law Mission in the Host Party established by the Council of the European Union in Joint Action 2004/523/CFSP dated 28 June 2004, including its components, headquarters and personnel deployed in the territory of the Host Party and assigned to EUJUST THEMIS;

               (b)

               ‘Head of Mission’ means the Head of Mission of EUJUST THEMIS, appointed by the Council of the European Union;

               (c)

               ‘EUJUST THEMIS personnel’ means the Head of Mission, personnel seconded by EU Member States and EU institutions, and international staff recruited on a contractual basis by EUJUST THEMIS deployed for the preparation, support and implementation of the Mission, and shall not include commercial contractors or local personnel;

               (d)

               ‘Headquarters’ means the EUJUST THEMIS main headquarters in Tbilisi;

               (e)

               ‘Sending State’ means any EU Member State that has seconded personnel to EUJUST THEMIS;

               (f)

               ‘Premises’ means all buildings, facilities and land required for the conduct of the activities of EUJUST THEMIS, as well as for the accommodation of EUJUST THEMIS personnel.

         Article 2
   General provisions
   1.   EUJUST THEMIS and EUJUST THEMIS personnel shall respect the laws and regulations of the Host Party and shall refrain from any action or activity incompatible with the impartial and international nature of their duties or inconsistent with the provisions of this Agreement.
   2.   EUJUST THEMIS shall be autonomous with regard to the execution of its functions under this Agreement. The Host Party shall respect the unitary and international nature of EUJUST THEMIS.
   3.   The Head of Mission shall notify the Government of the Host Party of the location of its Headquarters.
   4.   The Head of Mission shall regularly, and in a timely manner, inform the Government of the Host Party of the number, names, and nationalities of EUJUST THEMIS personnel stationed in the territory of the Host Party, through the submission of a notification list to the Ministry of Foreign Affairs of the Host Party.
   Article 3
   Identification
   1.   EUJUST THEMIS personnel shall be provided with and identified by a EUJUST THEMIS identification card, which they shall be obliged to carry with them at all times. The relevant authorities of the Host Party shall be provided with a specimen of a EUJUST THEMIS identification card.
   2.   The Ministry of Foreign Affairs of the Host Party shall provide diplomatic cards to EUJUST THEMIS personnel in accordance with their status as set down in Article 6.
   3.   EUJUST THEMIS shall be permitted to display the flag of the EU at its main headquarters and elsewhere, alone or together with the flag of the Host Party, as decided by the Head of Mission.
   Article 4
   Border crossing, movement and presence on the territory of the host party
   1.   EUJUST THEMIS personnel and EUJUST THEMIS assets and means of transport shall cross the border of the Host Party at official border crossings and via the international air corridors.
   2.   The Host Party shall facilitate the entry into and the departure from the territory of the Host Party for EUJUST THEMIS and EUJUST THEMIS personnel. Except for passport control on entry into and departure from the territory of the Host Party, EUJUST THEMIS personnel, with diplomatic cards, shall be exempt from passport, visa and immigration regulations and any form of immigration inspection.
   3.   EUJUST THEMIS personnel shall be exempt from the regulations of the Host Party governing the registration and control of aliens, but shall not be considered as acquiring any right to permanent residence or domicile in the territory of the Host Party.
   4.   For EUJUST THEMIS assets and means of transport entering, transiting or exiting the Host Party territory in support of the Mission, EUJUST THEMIS shall provide a certificate of exemption accompanied by an inventory. They shall be exempt from any other customs documentation. A copy of the certificate shall be transmitted to the competent authorities when entering or exiting the Host Party. The format of the certificate shall be agreed between EUJUST THEMIS and the competent authorities of the Host Party.
   5.   As to the licensing and registration requirements for vehicles and aircraft in support of the Mission, if required, supplementary arrangements as referred to in Article 16 shall be concluded.
   6.   EUJUST THEMIS personnel may drive motor vehicles in the territory of the Host Party provided they have a valid national driving licence. The Host Party shall accept as valid, without tax or fee, driving licences or permits issued to EUJUST THEMIS.
   7.   EUJUST THEMIS and EUJUST THEMIS personnel together with their vehicles, aircraft or any other means of transport, equipment and supplies shall enjoy free and unrestricted movement throughout the territory of the Host Party, including its airspace. If necessary, technical arrangements may be concluded in accordance with Article 16.
   8.   For the purpose of the Mission, EUJUST THEMIS personnel, and local personnel employed by EUJUST THEMIS when travelling on official duties, may use roads, bridges and airports without payment of duties, fees, tolls, taxes or other charges, other than such as represent payment for specific services rendered.
   Article 5
   Immunities and privileges of EUJUST THEMIS
   1.   EUJUST THEMIS shall be granted the status equivalent to that of a diplomatic mission under the Vienna Convention on Diplomatic Relations of 18 April 1961, hereafter referred to as ‘the Vienna Convention’.
   2.   EUJUST THEMIS, its property, funds and assets shall enjoy immunity from the criminal, civil and administrative jurisdiction of the Host Party, in accordance with the Vienna Convention.
   3.   The premises of EUJUST THEMIS shall be inviolable. At no time shall the agents of the Host Party enter them, except with the consent of the Head of Mission.
   4.   The premises of EUJUST THEMIS, their furnishings and other assets therein as well as their means of transport shall be immune from search, requisition, attachment or execution.
   5.   The archives and documents of EUJUST THEMIS shall be inviolable at all times.
   6.   Correspondence of EUJUST THEMIS shall be granted a status equivalent to that of official correspondence granted under the Vienna Convention.
   7.   The Host Party shall permit entry of articles for EUJUST THEMIS and grant exemption from all custom duties, taxes and related charges other then charges for storage, cartage and similar services.
   8.   For imported goods and services and in respect of its premises, provided these are intended for the purpose of EUJUST THEMIS, EUJUST THEMIS shall be exempt from all national and municipal dues, taxes or charges of similar nature. For goods purchased and services contracted on the domestic market, provided these are intended for the purpose of EUJUST THEMIS, EUJUST THEMIS shall be either exempt from or reimbursed by the Host Party for all national and municipal dues and taxes, including VAT, and charges of similar nature, according to the laws of the Host Party.
   Article 6
   Immunities and privileges of EUJUST THEMIS personnel
   1.   EUJUST THEMIS personnel shall be granted all privileges and immunities equivalent to that of diplomatic agents granted under the Vienna Convention, subject to which the EU Member States shall have priority of jurisdiction. These privileges and immunities shall be granted to EUJUST THEMIS personnel during their mission, and thereafter, with respect to official acts previously performed in the exercise of their mission.
   2.   The EU Secretary-General/High Representative shall, with the explicit consent of the competent authority of the Sending State, waive the immunity enjoyed by EUJUST THEMIS personnel where such immunity would impede the course of justice and it can be waived without prejudice to the interests of the EU.
   3.   EUJUST THEMIS personnel shall have the right to import free of duty or other restrictions items required for their personal use, and to export such items. EUJUST THEMIS personnel shall have the right to purchase free of duty or quantitative restrictions items required for their personal use, and to export such items; for goods and services purchased on the domestic market, EUJUST THEMIS personnel shall be exempt from VAT and taxes according to the laws of the Host Party.
   4.   EUJUST THEMIS personnel shall be exempt from dues and taxes in the Host Party on the emoluments and salaries they receive by reason of their employment. Where the incidence of any form of taxation depends upon residence, periods during which personnel seconded to EUJUST THEMIS and international staff recruited on a contractual basis by the EU Mission are present in the Host Party for the discharge of their duties shall not be considered as periods of residence.
   Article 7
   Local personnel employed by EUJUST THEMIS
   Local personnel employed by EUJUST THEMIS who are nationals of or permanently resident in the Host Party shall enjoy a status equivalent to that enjoyed, in accordance with the Vienna Convention, by locally employed staff in diplomatic missions in the Host Party.
   Article 8
   Security
   1.   The Host Party, through its own capabilities, shall assume full responsibility for the security of EUJUST THEMIS personnel.
   2.   To that end, the Host Party shall take all necessary measures for the protection, safety and security of EUJUST THEMIS and EUJUST THEMIS personnel. Any specific provisions, proposed by the Host Party, shall be agreed with the Head of Mission before implementation. The Host Party shall permit and support free of any charge activities relating to the medical evacuation of EUJUST THEMIS personnel. If required, supplementary arrangements as referred to in Article 16 shall be concluded.
   Article 9
   Cooperation and access to information
   1.   The Host Party shall provide full cooperation and support to EUJUST THEMIS and EUJUST THEMIS personnel.
   2.   If requested and necessary for the accomplishment of the EUJUST THEMIS mission, the Host Party shall provide EUJUST THEMIS personnel with effective access to:

               —

               buildings, facilities, locations and official vehicles within the control of the Host Party;

               —

               documents, materials and information within its control relevant to the mandate of EUJUST THEMIS.

         If required, supplementary arrangements as referred to in Article 16 shall be concluded.
   3.   The Head of Mission and the Host Party shall consult regularly and take appropriate measures to ensure close and reciprocal liaison at every appropriate level.
   Article 10
   Host party support and contracting
   1.   The Host Party agrees, if requested by EUJUST THEMIS, to assist in finding suitable premises.
   2.   If required and available, premises owned by the Host Party shall be provided free of charge.
   3.   Within its means and capabilities, the Host Party shall assist and support the preparation, establishment, execution and support of the Mission, including co-location of premises and equipment for EUJUST THEMIS experts.
   4.   EUJUST THEMIS shall endeavour, to the maximum extent possible, to contract locally for services, goods and personnel, subject to the requirements of the Mission.
   Article 11
   Deceased EUJUST THEMIS personnel
   1.   The Head of Mission shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EUJUST THEMIS personnel, as well as any personal property belonging to the deceased.
   2.   Autopsies shall not be performed on deceased members of EUJUST THEMIS without the agreement of the Sending State or, in the case of international staff, the State of his/her nationality, and the presence of a representative of EUJUST THEMIS and/or the State concerned.
   Article 12
   Communications
   EUJUST THEMIS shall enjoy the right to unrestricted communication by radio (including satellite, mobile or hand-held radio), telephone, telegraph, facsimile and other means.
   Article 13
   Claims for death, injury, damage or loss
   1.   The EU Member States or EU Institutions shall not be obliged to reimburse claims arising out of activities in connection with civil disturbances, protection of the EU Mission or its personnel, or which result from the execution of the Mission.
   2.   Any other claim of a civil law character, including claims of personnel locally employed by EUJUST THEMIS, to which the Mission or any member thereof is a party and over which the courts of the Host Party do not have jurisdiction because of any provision of this Agreement, shall be submitted through the authorities of the Host Party to the Head of Mission and shall be dealt with by separate arrangements, as referred to in Article 16, whereby procedures for settling claims and for addressing claims shall be established. Settlement of claims shall occur after previous consent of the State concerned.
   Article 14
   Disputes
   1.   All issues arising in connection with the application of this Agreement shall be discussed by a Joint Coordination Group. This Group shall be composed of representatives of EUJUST THEMIS and the competent authorities of the Host Party.
   2.   Failing any prior settlement, disputes with regard to the interpretation or application of this Agreement shall be settled between the Host Party and EU representatives by diplomatic means.
   Article 15
   Other provisions
   1.   Whenever this Agreement refers to the immunities, privileges and rights of EUJUST THEMIS and EUJUST THEMIS personnel, the Government of the Host Party shall be responsible for the implementation and fulfilment of such immunities, privileges and rights through the appropriate local authorities of the Host Party.
   2.   Nothing in this Agreement is intended or shall be construed to derogate from any rights that may attach with respect to an EU Member State or any other State contributing to EUJUST THEMIS or their personnel under other Agreements.
   Article 16
   Supplementary arrangements
   The Head of Mission and the administrative authorities of the Host Party shall conclude such supplementary arrangements as may be necessary to implement this Agreement.
   Article 17
   Entry into force and termination
   1.   This Agreement shall enter into force upon written notification of the Parties that the internal requirements for the entry into force have been complied with.
   2.   This Agreement may be amended on the basis of mutual written agreement between the Parties. Such amendments shall enter into force upon written notification of the Parties that the internal requirements for the entry into force have been complied with.
   3.   This Agreement shall remain in force until the final departure of EUJUST THEMIS or all personnel thereof.
   4.   This Agreement may be denounced by written notification to the other Party. The denunciation shall take effect 60 days after receipt by the other Party of the notification of denunciation.
   5.   Termination or denunciation of this Agreement shall not affect any rights or obligations arising from the execution of this Agreement prior to its termination or denunciation.

      Done at Tbilisi on 3 December 2004 in two originals in English.

          For the European Union

         For Georgia


title: Decision (EU) 2016/2152 of the European Parliament of 27 October 2016 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section II — European Council and Council

text:
               8.12.2016

               EN

               Official Journal of the European Union

               L 333/50

         DECISION (EU) 2016/2152 OF THE EUROPEAN PARLIAMENT
   of 27 October 2016
   on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section II — European Council and Council
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2014 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2014 (COM(2015) 377 — C8-0201/2015) (2),

               —

               having regard to the Court of Auditors' annual report on the implementation of the budget concerning the financial year 2014, together with the institutions' replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to its decision of 28 April 2016 (5) postponing the discharge decision for the financial year 2014, and the accompanying resolution,

               —

               having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 55, 99, 164, 165 and 166 thereof,

               —

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

               —

               having regard to the second report of the Committee on Budgetary Control (A8-0271/2016),

               1.

               Refuses to grant the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2014;

               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 European Council, 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 L 51, 20.2.2014.

      (2)  OJ C 377, 13.11.2015, p. 1.

      (3)  OJ C 373, 10.11.2015, p. 1.

      (4)  OJ C 377, 13.11.2015, p. 146.

      (5)  OJ L 246, 14.9.2016, p. 20.

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


title: 2008/969/EC,Euratom: Commission Decision of 16 December 2008 on the Early Warning System for the use of authorising officers of the Commission and the executive agencies

text:
               20.12.2008

               EN

               Official Journal of the European Union

               L 344/125

      COMMISSION DECISION

   of 16 December 2008
   on the Early Warning System for the use of authorising officers of the Commission and the executive agencies
   (2008/969/EC, Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Treaty establishing the European Atomic Energy Community,
   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 (1),
   Having regard to Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (2),
   Whereas:

               (1)

               The Commission, which is responsible for executing the general budget of the European Union and any other funds managed by the Communities with due regard to the principle of sound financial management, is under an obligation to counter fraud and any other illegal activities affecting the financial interests of the Communities.

               (2)

               The current Commission Decision on the Early Warning System (EWS) should be replaced by the present decision following the amendments of Articles 93 to 96 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (the Financial Regulation) and of the corresponding provisions of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation, and following the recommendations of the European Data Protection Supervisor (3).

               (3)

               Commission Regulation (EC, Euratom) No 1302/2008 of 17 December 2008 on the central exclusion database (4) establishes a database containing the relevant details of third parties who are in a situation of exclusion as regards grant and procurement procedures and gives the institutions, including those listed in Article 1(2) of the Financial Regulation, executive agencies, Community bodies covered by Article 185 of the Financial Regulation as well as authorities of the Member States and third countries, international organisations and other bodies participating in the implementation of the budget, access to this database.

               (4)

               The purpose of the EWS is to ensure, within the Commission and its executive agencies, the circulation of restricted information concerning third parties who could represent a threat to the Communities’ financial interests and reputation or to any other fund administered by the Communities.

               (5)

               Given that executive agencies have the status of authorising officers by delegation of the Commission for the implementation of operational appropriations, they should have access to the EWS in the same manner as Commission services for the management of the administrative and operational appropriations.

               (6)

               The European Anti-Fraud Office (OLAF) should have access to the EWS for pursuing its regulatory investigation tasks and its intelligence and fraud prevention activities exercised pursuant to Article 1(2) of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (5) and Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (6).

               (7)

               The accounting officer should ensure the administration of the EWS. The authorising officer responsible, OLAF and the Internal Audit Service (IAS) should be responsible for requesting entry, modification or removal of warnings. In order to preserve an adequate level of control, such requests should be made at an appropriate hierarchical level.

               (8)

               Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7) stipulates that the processing of personal data by the Commission must respect the lawful processing requirements and the requirements relating to the transfer of data laid down therein, and that such processing is subject to prior checking by the European Data Protection Supervisor following notification by the Commission Data Protection Officer.

               (9)

               Data protection provisions should lay down the rights of the persons whose data is or could be introduced in the EWS in line with the opinion of the European Data Protection Supervisor. As regards data introduced in the EWS, the right to be informed should differentiate between third parties who are natural persons benefiting from more extensive data protection rights and the ones of legal persons.

               (10)

               Certain data protection rights are subject to exceptions laid down in Article 20 of Regulation (EC) No 45/2001, which have to be considered case by case and applied on a temporary basis. Application of these exceptions should lay solely with the service responsible for requesting data entry, modification, including rectification or removal of relevant data.

               (11)

               Given that exclusions pursuant to Article 94 of the Financial Regulation concern specific procurement/grant procedures, these warnings should not fall under level W5 but under a new category, namely W1d, whereas W5 warnings should indicate exclusively exclusion situations concerning all procurement/grant procedures.

               (12)

               In order to protect the financial interests of the Communities, the AOD responsible shall, pending a decision of the Commission on the application of Article 96 of the Financial Regulation, request provisional registration of an exclusion warning if the conduct of the third party also constitutes grave professional misconduct within the meaning of point (c) of Article 93(1) of the Financial Regulation in order to ensure that contracts or grants are not awarded to the third party during the ongoing penalty procedure.

               (13)

               The Commission must comply with various Council regulations implementing Common Positions adopted on the basis of Article 15 of the Treaty on European Union (Common Foreign and Security Policy — CFSP), under which it is forbidden to make available any funds and economic resources, directly or indirectly, to, or for the benefit of, designated natural or legal persons, groups or entities,

         HAS DECIDED AS FOLLOWS:
   SECTION 1
   GENERAL PROVISIONS
   Article 1
   Subject matter
   This Decision establishes the Early Warning System of the Commission (hereinafter: ‘the EWS’) as regards the implementation of the general budget of the European Union and any other fund managed by the Communities.
   Article 2
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               —

               ‘third parties’ mean candidates, tenderers, contractors, suppliers, service providers and their respective subcontractors as well as grant applicants, grant beneficiaries, contractors of grant beneficiaries and entities receiving financial support from a beneficiary of a Community grant pursuant to Article 120 of the Financial Regulation,

               —

               ‘AOD responsible’ means authorising officer by delegation of the Commission within the meaning of Article 59 of the Financial Regulation responsible in accordance with the internal rules for the implementation of the general budget of European Communities (hereinafter ‘the budget’), including directors of executive agencies, and authorising officer by subdelegation within the meaning of Article 59 of the Financial Regulation exercising the function of director.

         Article 3
   EWS warnings
   1.   EWS warnings shall contain the following data:

               (a)

               information identifying third parties which represent a threat to the Communities’ financial interests and reputation or to any other fund administered by the Communities because they committed or are suspected to have committed fraud or serious administrative errors, or are subject to attachment orders or to significant recovery orders, or are excluded in accordance with the Financial Regulation or the CFSP-related financial restrictions;

               (b)

               information concerning persons with powers of representation, decision-making or control over legal entities which are third parties, when those persons represent themselves a threat to the Communities’ financial interests and reputation or to any other fund administered by the Communities for the reasons listed under (a);

               (c)

               the type of warning and the grounds for which third parties referred to in point (a) or persons referred to in point (b) represent such a threat and, if appropriate, its duration and the warning contact person for that warning.

         2.   Without prejudice to Articles 1(2) and 1(3) of Regulation (EC, Euratom) No 1302/2008, data contained in the EWS may be used only for the purposes of the implementation of the budget or of any other fund administered by the Communities, including grant and procurement procedures as well as payments to third parties.
   European Anti-Fraud Office (OLAF) may use the data for its investigations pursuant to Regulation (EC) No 1073/1999 and Regulation (Euratom) No 1074/1999 as well as for its intelligence and fraud prevention activities, including risk analyses.
   Article 4
   Administration of the EWS
   1.   The Commission’s accounting officer or his subordinate staff to whom he delegated certain tasks pursuant to Article 62 of the Financial Regulation (hereinafter ‘the accounting officer’) shall ensure the administration of the EWS and make appropriate technical arrangements.
   The accounting officer shall enter, modify or remove EWS warnings pursuant to requests by the AOD responsible, OLAF and the Internal Audit Service (IAS).
   2.   The accounting officer shall adopt implementing measures concerning technical aspects and define associated supporting procedures, including in the field of security.
   He shall notify those measures to the Commission services and the executive agencies.
   Article 5
   Requests for registration, modification or removal of warnings
   1.   All requests for registration of warnings, their modification or removal shall be addressed to the accounting officer.
   Only the AOD responsible, the Director General or a director of OLAF or the IAS may submit such requests. For that purpose, they shall use the template set out in the Annex.
   2.   The service which has established that a third party is in one of the situations described in Article 9 shall send a request for an EWS warning to the accounting officer, with copy to the EWS officer referred to in Article 7, even if the third party is already subject to an EWS warning.
   3.   In accordance with the procedure described in paragraph 2, the service that requested an EWS warning shall notify to the accounting officer, using the template set out in the Annex:

               (a)

               any change of the information contained in the EWS warning concerned;

               (b)

               the removal of that EWS warning once the reason for the warning no longer applies.

         However, a change of the warning contact person can be sent by registered note.
   4.   The service that requested registration of an EWS warning is also responsible for coordinating actions to be taken as regards budget implementation in consequence of such warning in accordance with Articles 15 to 22.
   5.   Activation of a warning for a person with powers of representation, decision-making or control over given legal person requires an additional request, distinct from that aimed at the legal person concerned.
   Article 6
   Access to and the use of the EWS
   1.   The Commission services and executive agencies shall have direct access to the data contained in the EWS via the accounting system provided by the Commission (ABAC).
   The Commission service or executive agency responsible for a local system may use that system to access the data contained in the EWS, provided that data-consistency between the local system and the ABAC accounting system is guaranteed.
   2.   The AOD responsible or his staff shall verify whether there is a warning in the EWS concerning third parties at the following stages:

               (a)

               in the case of individual budgetary commitments, before such commitment is entered;

               (b)

               in the case of global budgetary commitments, before registering any individual legal commitment to the global commitment;

               (c)

               in the case of provisional budgetary commitments, before concluding the legal commitment giving rise to an entitlement to subsequent payments.

         Where the commitments referred to in point (c) cover the payment of staff and the reimbursement of travel expenditure related to participation in meetings and competitions, the obligation of prior verification of EWS registrations shall not apply.
   In the case of procurement or grant award procedures the AOD responsible or his staff shall verify whether there is a warning in the EWS at the latest before the award decision.
   However, where the awarding authority limits the number of candidates invited to submit a tender or negotiate in a restricted procedure, competitive dialogue or negotiated procedure following publication of a contract notice, such verifications shall be carried out before the selection of candidates has been completed.
   As regards subcontractors submitted for prior approval, the AOD responsible or his staff may, on the basis of his risk analysis, decide not to verify whether there is a warning in the EWS.
   3.   The AOD responsible or his staff shall verify according to paragraph 2 whether there is a warning in the EWS concerning a person with power of representation, decision-making or control over the third party concerned, in the following situations:

               (a)

               where the AOD responsible or his staff deems that such verification is necessary on the basis of his risk analysis;

               (b)

               where the documents requested by the AOD responsible or his staff as evidence that the third party concerned is not in one of the situations described in Article 93(1) of the Financial Regulation, relate to such persons.

         4.   The specific warning contact person referred to in point (c) of Article 3(1) shall make available all relevant information to the AOD responsible or his staff upon request. As regards exclusion warnings, Article 12 of Regulation (EC, Euratom) No 1302/2008 applies.
   5.   Paragraphs 2 to 4 shall also apply to imprest accounts for expenditure exceeding EUR 300. In that case, the imprest administrator shall verify whether there is a warning in the EWS, on the basis of information he has been granted, prior to the conclusion of any legal commitment with a third party.
   Article 7
   EWS officers
   1.   The Director General of OLAF or the IAS and each authorising officer by delegation shall designate at least one official or temporary staff member under his supervision as EWS officer.
   He shall notify the list of designated persons and any change thereof to the accounting officer.
   2.   The EWS officer may consult the list of all third parties, or persons with powers of representation, decision-making or control over third parties, for which an EWS warning is registered. As regards matters concerning the EWS he shall ensure the connection between the service and the accounting officer. He shall also assist the service in the transmission of information on EWS warnings requested by the service and as regards the actions to be taken as consequences of such warnings.
   3.   The accounting officer shall regularly publish an updated list of all EWS officers on the internal website of the Directorate-General for Budget.
   Article 8
   Data protection and rights of data subjects
   1.   In the calls for tender and calls for proposals and, in the absence of calls, before awarding contracts or grants, the AOD responsible or his staff shall inform third parties of the data concerning them that may be included in the EWS and of the entities to which the data may be communicated. Where third parties are legal entities, the AOD responsible or his staff shall also inform the persons who have powers of representation, decision-making or control within these entities.
   2.   The service that requested the registration of an EWS warning shall be responsible for the relations with the natural or legal person whose data are introduced into the EWS (hereinafter ‘the data subject concerned’):

               (a)

               it shall inform the data subject concerned of the request for activation, updating and removal of any exclusion warning W5a directly concerning it and state the reasons thereof;

               (b)

               it shall respond to requests from data subjects concerned to rectify inaccurate or incomplete personal data and to any other requests or questions from those subjects.

         However, the service that requested the registration of the warning may decide that restrictions laid down in Article 20(1) of Regulation (EC) No 45/2001 apply.
   3.   Without prejudice to the information requirements set out in paragraph 2, a duly identified natural person may request from the accounting officer information on whether he is registered in the EWS.
   Subject to the decision of the service that requested the registration of the EWS warning on whether restrictions laid down in Article 20(1) of Regulation (EC) No 45/2001 apply, the accounting officer shall inform the person in writing or by electronic means whether he is registered in the EWS.
   If the person is registered, the accounting officer shall attach the data stored in the EWS concerning that person. He shall inform the service that requested registration of the warning concerned thereof.
   4.   Removed warnings shall be accessible for audit and investigation purposes only and shall not be visible for the users of the EWS.
   However, personal data contained in warnings referring to natural persons shall remain accessible to such purposes only for five years after the removal of the warning.
   SECTION 2
   INFORMATION ENTERED IN THE EWS
   Article 9
   Categories of warning
   Depending on the nature or the seriousness of the facts brought to the knowledge of the service requesting registration, EWS warnings shall be divided into the following five categories:

               1.

               W1, where information gives sufficient reason to believe that findings of fraud or serious administrative errors are likely to be recorded or where precautionary measures should be taken following the exclusion of a third party pursuant to Article 94 of the Financial Regulation;

               2.

               W2, where a third party is subject to findings of serious administrative errors or fraud;

               3.

               W3, where a third party is subject either to pending legal proceedings entailing the notification of an attachment order, or to judicial proceedings for serious administrative errors or fraud;

               4.

               W4, where third parties are subject to recovery orders issued by the Commission exceeding a certain amount and on which payment is significantly overdue;

               5.

               W5, where a third party is excluded in accordance with the Financial Regulation or Council regulations imposing CFSP-related financial restrictions.

         Article 10
   W1 warnings
   1.   OLAF shall request the activation of a W1a warning where its investigations at an early stage give sufficient reason to believe that findings of serious administrative errors or fraud are likely to be recorded in relation to third parties, especially those who are benefiting or have benefited from Community funds. OLAF shall inform the EWS officer of the service concerned of such requests.
   2.   OLAF and IAS shall request the activation of a W1b warning where their investigations give sufficient reason to believe that final findings of serious administrative errors or fraud are likely to be recorded in relation to third parties, especially those who are benefiting or have benefited from Community funds. They shall inform the EWS officer of the service concerned of such requests.
   3.   The AOD responsible shall request the activation of a W1c warning where investigations of the Court of Auditors, his Internal Audit Capability (IAC) or any other audit or investigation made under his responsibility or brought to his attention give sufficient reason to believe that final findings of serious administrative errors or fraud are likely to be recorded in relation to third parties, especially those who are benefiting or have benefited from Community funds under his responsibility.
   4.   The AOD responsible shall request the activation of a W1d warning where he excludes a candidate, tenderer or an applicant from the award of a contract or grant in a given procedure in accordance with points (a) or (b) of Article 94 of the Financial Regulation.
   Exclusion warnings registered pursuant to Article 10(4) of Regulation (EC, Euratom) No 1302/2008 shall be considered as W1d warnings for the purposes of the EWS.
   5.   A W1 warning shall remain active for a maximum of six months. It shall be automatically removed. If the EWS warning needs to remain and cannot be replaced with another type of warning within this period, a new request shall be made.
   Article 11
   W2 warnings
   1.   OLAF and IAS shall request the activation of a W2a warning where their investigations lead to findings of serious administrative errors or fraud involving third parties, especially those who are benefiting or have benefited from Community funds.
   2.   The AOD responsible shall request the activation of a W2b warning where the European Court of Auditors, his IAC or any other audit or investigation made under his responsibility or brought to his attention have issued written findings of serious administrative errors or fraud in relation to third parties, especially those who are benefiting or have benefited from Community funds under his responsibility.
   3.   A W2 warning shall remain active for a maximum of six months. It shall be automatically removed. If the EWS warning needs to remain and cannot be replaced with another type of warning within this period, a new request shall be made.
   Article 12
   W3 warnings
   1.   The accounting officer shall enter a W3a warning upon receiving notification by the Secretariat General of an attachment order relating to a third party.
   2.   The AOD responsible shall request the activation of a W3b warning where third parties, especially those who are benefiting or have benefited from Community funds under his responsibility, are known to be the subject of judicial proceedings for serious administrative errors or fraud.
   However, where investigations conducted by OLAF lead to such judicial proceedings or OLAF offers assistance or follows up those proceedings, OLAF shall request the activation of the corresponding W3b warning.
   3.   A W3 warning shall remain active until a judgment having the force of res judicata is rendered or the case has been otherwise settled.
   Article 13
   W4 warnings
   1.   The accounting officer shall enter a W4 warning in relation to third parties who are the subject of recovery orders issued by the Commission exceeding a certain amount and on which payment is significantly overdue.
   2.   The accounting officer shall establish internal guidelines as to the thresholds determining the relevant amounts and the time limit for registration under W4 warnings.
   3.   Any W4 warning shall remain active as long as the debt is outstanding. The accounting officer shall remove the warning when the debt has been settled.
   Article 14
   W5 warnings
   1.   Exclusion warnings registered pursuant to paragraphs 1, 2 and 3 of Article 10 of Regulation (EC, Euratom) No 1302/2008 shall be considered as W5a warnings for the purpose of the EWS.
   2.   A W5b warning shall be registered at the request of the Commission service responsible for the legislation concerned with regard to natural or legal persons, groups or entities listed in accordance with a Council regulation imposing CFSP-related financial restrictions as long as the designation of the person, group or entity concerned remains valid. The warning shall mention the references of the regulation imposing the restrictions or of the relevant implementing act.
   3.   Registrations of exclusion warnings are subject to the following rules:

               (a)

               Whenever the AOD responsible envisages to exclude a third party in application of points (a), (b), (c), (d) and (e) of Article 93(1) of the Financial Regulation, he shall give the third party concerned the opportunity to express its views in writing. The third party shall be given at least 14 calendar days to do so. Before excluding the third party in application of point (c) of Article 93(1), the AOD responsible shall consult the Legal Service and the Directorate-General for Budget.
               Pending a possible decision by the Commission on the duration of the exclusion, the AOD responsible shall request, in accordance with Article 9(2) of Regulation (EC, Euratom) No 1302/2008, provisional registration of an exclusion warning and refer the case as soon as possible to the Commission. In order to protect the Communities’ financial interests, the AOD responsible may request provisional registration of an exclusion warning W5a already before having given the third party concerned the opportunity to express its views. Alternatively, he may request registration of a W2 warning.

               (b)

               Whenever the AOD responsible envisages launching the procedure pursuant to Article 96 of the Financial Regulation, he shall give the third party concerned the opportunity to express its views in writing. The third party shall be given at least 14 calendar days to do so.
               After having consulted the Legal Service and the Directorate-General for Budget and pending a possible decision by the Commission on the administrative penalty, the AOD responsible shall request, in accordance with Article 9(2) of Regulation (EC, Euratom) No 1302/2008, provisional registration of an exclusion warning W5a if the conduct of the third party also constitutes grave professional misconduct within the meaning of point (c) of Article 93(1) of the Financial Regulation.

               (c)

               Any request for definitive registration of a W5a warning in accordance with points (b), (c), (e) or (f) of Article 93(1) of the Financial Regulation shall specify the duration of the exclusion decided by the Commission.

         SECTION 3
   CONSEQUENCES OF EWS WARNINGS AS REGARDS BUDGET IMPLEMENTATION
   Article 15
   Effect of EWS warnings on budget transactions
   1.   The accounting officer shall suspend any payment to a beneficiary for whom a W2, W3, W4 or W5 warning has been registered. He shall notify the AOD responsible and request him to state the reasons why payment should be made despite the existence of EWS warnings of categories W2, W3b and W5a.
   2.   Except for W5b warnings and W3a warnings following preventive attachment orders, payments proved to be actually due after the verifications made by the AOD responsible when suspending the time limit for payments in accordance with Article 106(4) of Regulation (EC, Euratom) No 2342/2002 or in accordance with the terms of the contract or grant as mentioned in point (b) of Article 18(1) and point (a) of Article 22(1), shall be executed without delay.
   However, the accounting officer may only release the suspended payment on receipt of a reasoned confirmation from the AOD responsible that payment due shall be executed. In the absence of that confirmation, the payment shall remain suspended and the payment order shall be, if appropriate, sent back to the AOD responsible.
   Where a payment was released by offsetting in compliance with Article 73 of the Financial Regulation and Article 83 of Regulation (EC, Euratom) No 2342/2002 following a W4 warning or where a payment was made following an executive attachment order, the accounting officer shall draw up a duly registered note.
   3.   No individual budgetary commitment, no registration of an individual legal commitment in the budgetary accounts based on a global commitment and no conclusion of a legal commitment based on a provisional commitment can be made with regard to the third party subject to a W5 warning.
   Article 16
   Consequence of a W1 warning
   A W1 warning shall be registered for information purposes only and may entail no consequence other than reinforced monitoring measures.
   Article 17
   Consequences of a W2, W3b or W4 warning on contract or grant award procedures
   1.   Where a W2, W3b or W4 warning is registered at the time the AOD responsible or his staff consults the EWS in accordance with point (a) of Article 6(2), he shall inform, if the stage of the procedure so permits, the evaluation committee for the award of contract or grant concerned of the existence of such warning in so far as the existence of such warning constitutes a new element to be examined in connection with the selection criteria for that contract or grant. The AOD responsible shall take this information into account, in particular if the third party registered in the EWS were to head the list of the evaluation committee.
   2.   If the third party for which a W2, W3b or W4 warning has been registered heads the list of the evaluation committee, the AOD responsible, having due regard to the obligation to protect the Community’s financial interests and image, the nature and seriousness of the justification for the warning, the amount and duration of the contract or grant and, where applicable, the urgency with which it has to be implemented, shall take one of the following decisions:

               (a)

               to award the contract or grant to the third party despite registration in the EWS, and ensure that reinforced monitoring measures are taken;

               (b)

               where the existence of such warning objectively calls into question the initial assessment of compliance with the selection and award criteria, to award the contract or grant to another tenderer or applicant on the basis of an assessment of compliance with the selection and award criteria differing from that of the evaluation committee and duly justify his decision;

               (c)

               to close the procedure without awarding any contract and duly justify this closure in the information given to the tenderer.

         Where the AOD responsible decides to close the procedure in accordance with point (c), a restricted procedure with the time limits laid down for urgent cases pursuant to Article 142 of Regulation (EC, Euratom) No 2342/2002 may be used to award the contract through a new procedure.
   Article 18
   Consequences of a W2, W3b or W4 warning as regards existing contracts or grants
   1.   Where a W2, W3b or W4 warning has been registered for reasons related to the performance or award of an ongoing contract or grant or to the relevant award procedure, the AOD responsible may, after giving due consideration to the risks involved, to the nature of the warning and its justification, to the consequences which it is likely to have on the performance of the contract or grant, especially with regard to the amount, duration and, where applicable, the urgency of the latter, take one or more of the following actions:

               (a)

               to decide to let the contractor or beneficiary proceed with the performance of the contract or grant, under prescribed reinforced monitoring measures;

               (b)

               to suspend the time limit for payments in accordance with Article 106(4) of Regulation (EC, Euratom) No 2342/2002 for the purpose of further verification in order to ascertain, prior to any further payment, that the expenditure is eligible, and subsequently execute payments actually due;

               (c)

               to suspend performance of the contract or grant in accordance with Articles 103 and 119 of the Financial Regulation;

               (d)

               to terminate the contract or grant where it contains a provision to this effect.

         2.   Where a W2, W3b or W4 warning has not been registered for reasons related to the ongoing contract or grant or to the relevant award procedure, the AOD responsible may, depending on the type of warning and the consequences, which it is likely to have on the performance of the ongoing contract or grant, and after giving due consideration to the risks involved, including that of judicial litigation, take the following actions:

               (a)

               to apply one or more of the options referred to in paragraph 1(a) and (b);

               (b)

               to terminate the contract or grant if there is a provision that permits termination in the case of new elements, where those elements justify a real loss of trust on the part of the Commission and a threat to the Communities’ reputation.

         Article 19
   Consequences of a W3a warning
   1.   Where a third party is subject to a W3a warning corresponding to a preventive attachment order, the accounting officer shall maintain the suspension of all payments pending a final judicial ruling on the principal creditor’s claim, if the national law applicable so requires. Where the preventive attachment order is limited to a specific sum according to a judgment (‘cantonnement’), the accounting officer shall suspend payments up to that amount.
   2.   Where a third party is subject to a W3a warning corresponding to an enforceable attachment order, the AOD responsible or his staff, in close cooperation with the accounting officer, shall execute the payment initially payable by the Commission or the executive agency to the party attached, for the benefit of the attaching party, up to the amount attached.
   3.   Paragraphs 2 and 3 apply unless enforcement of the attachment order is likely to disrupt the smooth operation of the Commission or executive agency. In this case, the accounting officer shall invoke Article 1 of the Protocol on Privileges and Immunities.
   Article 20
   Consequences of a W4 warning
   1.   Where a third party is subject to a W4 warning, the accounting officer shall systematically examine the possibility of offsetting Community entitlements with payment due to that third party in compliance with Article 73 of the Financial Regulation and Article 83 of Regulation (EC, Euratom) No 2342/2002.
   2.   The AOD responsible shall take this information into consideration before awarding any new contract or grant to the third party.
   Article 21
   Consequences of a W5 warning as regards contracts and grant award procedures
   The AOD responsible shall exclude a third party subject to a W5 warning from participating in the contract or grant award procedure at the stage of the assessment of the exclusion criteria in accordance with Articles 93 and 114(3) of the Financial Regulation or with the applicable Council Regulation imposing CFSP-related financial restrictions.
   Article 22
   Specific consequences of a W5 warning on existing contracts or grants
   1.   Where a W5a warning has been registered for reasons that are likely to affect the implementation of contracts or grants already signed, the AOD responsible shall take the following action:

               (a)

               where the terms of the contract or grant so permit, and where the reason for the W5 warning is related to the performance or award of an ongoing contract or grant:

                           (i)

                           to suspend payments for the purpose of verification, execute payments actually due and recover any amounts unduly paid, if possible by offsetting with any payment due;

                           (ii)

                           to terminate the contract or grant;

               (b)

               in all other cases, to apply one of the options referred to in Article 18(1).

         2.   Save where otherwise provided in Council regulations implementing Common Positions adopted on the basis of Article 15 of the Treaty on European Union, on which W5b warnings are based, the following rules shall apply:

               (a)

               no funds may be made available, directly or indirectly to, or for the benefit of, a natural or legal person, group or entity listed in the relevant Council regulation;

               (b)

               no economic resources may be made available, directly or indirectly, to, or for the benefit of, a natural or legal person, group or entity listed in the relevant Council regulation.

         Article 23
   Referral to the Commission
   In exceptional circumstances, including situations where the risk involved is of a reputational and political nature, and where Articles 15 to 22 do not provide an adequate solution, the AOD responsible shall refer the case to the Member of the Commission in charge of the policy area concerned, who may in turn refer the matter to the Commission.
   The Secretariat General shall be kept informed of all relevant exchanges.
   SECTION 4
   TRANSITIONAL AND FINAL PROVISIONS
   Article 24
   Transitional provisions
   1.   The service that requested registration of an EWS warning before the adoption of this Decision remains responsible for modification or removal of warnings registered at its request in accordance with this Decision.
   2.   For exclusions decided by an AOD responsible pursuant to points (b) and (e) of Article 93(1) of the Financial Regulation before 1 May 2007, the duration of the period exclusion shall take into account the duration of criminal records under national law. For such exclusions a maximum duration of four years from the date of notification of the judgment shall apply. If this maximum period has elapsed, the AOD responsible shall request removal of the warning.
   Article 25
   Repeal of the Decision on the Early Warning System
   The Commission Decision C(2004)193/3 (8) on the Early Warning System is hereby repealed with effect from 1 January 2009.
   Article 26
   Application
   This Decision shall apply from 1 January 2009.
   Article 27
   Publication
   This Decision shall be published for information purposes in the Official Journal of the European Union.
   It shall be annexed to the Internal Rules for the implementation of the general budget of the European Communities.

      Done at Brussels, 16 December 2008.

            For the Commission

         Dalia GRYBAUSKAITĖ

            Member of the Commission

      (1)  OJ L 248, 16.9.2002, p. 1.

      (2)  OJ L 78, 19.3.2008, p. 1.

      (3)  Opinion of the European Data Protection Supervisor on a notification for Prior Checking received from the Data Protection Officer of the Commission on the Early Warning System, Case 2005/120, 6.12.2006.

      (4)  See page 12 of this Official Journal.

      (5)  OJ L 136, 31.5.1999, p. 1.

      (6)  OJ L 136, 31.5.1999, p. 8.

      (7)  OJ L 8, 12.1.2001, p. 1.

      (8)  Not published in the Official Journal.

      ANNEX
      Request by AOD of the Commission, executive agency, IAS, OLAF for data entry into the exclusion database/EWS, its modification or removal

         NB : one request per warning

      The request has to be sent in conformity with the procedure for classified information. It has to be sent in a single closed envelope.


Avis juridique important

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31990D0067

90/67/EEC: Commission Decision of 9 February 1990 setting up an Advisory Committee on the Protection of Animals Used for Experimental and Other Scientific Purposes

Official Journal L 044 , 20/02/1990 P. 0030 - 0031 Finnish special edition: Chapter 15 Volume 9 P. 0172  Swedish special edition: Chapter 15 Volume 9 P. 0172

*****COMMISSION  DECISION  of 9 February 1990  setting up an Advisory Committee on the Protection of Animals Used for Experimental and Other Scientific Purposes  (90/67/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (1), and in particular Article 22 (3) thereof, provides that the Commission shall set up a permanent consultative committee in which the Member States shall be represented;  Whereas the aim of the Directive is to ensure that where animals are used for experimental or other scientific purposes the laws, regulations and administrative provisions in the Member States for their protection are harmonized so as to avoid affecting the establishment and functioning of the common market, in particular by distortions of competition or barriers to trade;  Whereas, in order to achieve this aim, the Directive states, inter alia, that any risk of duplication of experiments should be avoided; whereas the Commission should therefore be assisted by a permanent advisory committee in organizing an exchange of appropriate information in the field of experiments on live animals;  Whereas, more generally, the Commission will be able to respond effectively to questions raised by the application of the Directive only if it is assisted by experts who are specialists in the field of animal experiments and who have considerable experience of administrative practices and regulations in the Member States;  Whereas the Committee should be given a legal form on the basis of the experience gained within the Commission's departments on the subject of consultative committees,  HAS DECIDED AS FOLLOWS:  Article 1  There shall be attached to the Commission an Advisory Committee on the Protection of Animals Used for Experimental and Other Scientific Purposes (hereinafter referred to as 'the Committee').  Article 2  The task of the Committee shall be to assist the Commission in organizing the exchange of appropriate information as provided for in Article 22 (3) of Directive 86/609/EEC and to assist the Commission with other matters raised by the application of that Directive.  Article 3  Each Member State shall be represented on the Committee by two officials from the national authority referred to in Article 6 of Directive 86/609/EEC responsible for verifying that the provisions of the Directive are properly carried out. In those Member States where more than one authority has been designated for this purpose the Member State shall indicate to the Commission from which of the authorities the two representatives should be chosen.  Members of the Committee shall be at liberty on any occasion and at their own discretion to nominate a suitably qualified expert from within their own authority to act for them at any given meeting.  Article 4  A representative of the Commission shall chair the meetings of the Committee. The Commission shall also provide secretarial services for the Committee and its working groups and shall organize their work.  Article 5  The term of office of members of the Committee shall be five years. Their appointments may be renewed. After the expiry of the five-year period, members of the Committee shall remain in office until they are replaced or until their appointments are renewed.  A member's term of office may be terminated before the expiry of the five-year period by resignation or death or at the request of the national authority which nominated him. In such cases the national authority in question, after consulting the Commission, shall nominate a replacement for the remaining part of the term of office.  Members shall not be remunerated for their services.  A list of members shall be published by the Commission for information purposes in the Official Journal of the European Communities.  Article 6  The Committee may establish working groups to assist in the discharge of its duties.  Working groups shall report back to the Committee on the subjects remitted to them by the Committee.  Article 7  The Committee and its working groups shall meet at the headquarters of the Commission or any other venue when convened by the Commission.  Representatives of the Commission departments concerned shall take part in meetings of the Committee and its working groups. The chairman and/or the Commission may invite any person with special qualifications in any subject on the agenda to take part in an expert capacity in the deliberations of the Committee or of the working groups referred to in Article 6.  Article 8  No vote shall be taken on the discussions of the Committee and its working groups.  Where the advice requested is given with the unanimous approval of its members the Committee shall draw up common conclusions.  In the absence of unanimous approval, the different positions taken in the course of discussions will be entered in a report drawn up under the responsibility of the Commission.  When seeking the opinions of the Committee or of its working groups the Commission may set a time limit by which such opinions shall be given.  Article 9  Without prejudice to the provisions of Article 214 of the Treaty, when the chairman or the Commission informs the members of the Committee that the opinion requested or the matter raised is of a confidential nature, members of the Committee shall be under an obligation not to disclose information which has come to their knowledge through the work of the Committee, or its working groups.  In such cases, only Committee members and representatives of the Commission departments concerned may be present at the meetings.  Done at Brussels, 9 February 1990.  For the Commission  Carlo RIPA DI MEANA  Member of the Commission  (1) OJ No L 358, 18. 12. 1986, p. 1.


title: 2005/111/EC: Council Decision of 31 January 2005 appointing one Hungarian member and three Hungarian alternate members of the Committee of the Regions

text:
               9.2.2005

               EN

               Official Journal of the European Union

               L 36/4

      COUNCIL DECISION

   of 31 January 2005
   appointing one Hungarian member and three Hungarian alternate members of the Committee of the Regions
   (2005/111/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Hungarian Government,
   Whereas:

               (1)

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

               (2)

               One seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Gábor DEMSZKY, notified to the Council on 10 August 2004, and two seats as an alternate member of the Committee of the Regions have become vacant following the resignation of Ms Klára KOVÁCSNÉ, notified to the Council on 7 July 2004, and the resignation of Mr János LÁZÁR, notified to the Council on 21 September 2004, and one seat as an alternate member has become vacant following the nomination of Mr Gábor BIHARY as a member,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed to the Committee of the Regions

               (a)

               as members:
               Mr Gábor BIHARY
               Member of the General Assembly of the Capital,
               President of the European Integration and Foreign Affairs Committee of the General Assembly of the Capital
               in place of Mr Gábor DEMSZKY

               (b)

               as alternate members:

                           Mr Béla CSÉCSEI
                           Mayor of District VIII of Budapest
                           in place of Mr Gábor BIHARY

                           Mr Nándor LITTER
                           Mayor of Nagykanizsa
                           in place of Mr János LÁZÁR

                           Mr Zoltán NAGY
                           Member of local government, City Government of Komárom
                           in place of Ms Klára KOVÁCSNÉ HORVÁTH

         for the remainder of their term of office, which runs until 25 January 2006.

      Done at Brussels, 31 January 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 24, 26.1.2002, p. 38.


title: Decision (EU, Euratom) 2017/1610 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the Executive Agency for Small and Medium-sized Enterprises for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/103

         DECISION (EU, Euratom) 2017/1610 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the Executive Agency for Small and Medium-sized Enterprises for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2015 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2015 (COM(2016) 475 — C8-0269/2016) (2),

               —

               having regard to the final annual accounts of the Executive Agency for Small and Medium-sized Enterprises for the financial year 2015 (3),

               —

               having regard to the Commission's report on the follow-up to the discharge for the 2014 financial year (COM(2016) 674), and to the accompanying Commission staff working documents (SWD(2016) 338, SWD(2016) 339),

               —

               having regard to the Commission's annual report to the discharge authority on internal audits carried out in 2015 (COM(2016) 628) and to the accompanying Commission staff working document (SWD(2016) 322),

               —

               having regard to the Court of Auditors' report on the annual accounts of the Executive Agency for Small and Medium-sized Enterprises for the financial year 2015, together with the Agency's reply (4),

               —

               having regard to the statement of assurance (5) 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 executive agencies in respect of the implementation of the budget for the financial year 2015 (05874/2017 — C8-0038/2017),

               —

               having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6) and in particular Articles 62, 164, 165 and 166 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 (7), 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 (8), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Implementing Decision 2013/771/EU of 17 December 2013 establishing the Executive Agency for Small and Medium-sized Enterprises and repealing Decisions 2004/20/EC and 2007/372/EC (9),

               —

               having regard to Rule 93 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A8-0150/2017),

               A.

               whereas, under Article 17(1) of the Treaty on European Union, the Commission is to execute the budget and manage programmes and, pursuant to Article 317 of the Treaty on the Functioning of the European Union, is to implement the budget in cooperation with the Member States, on its own responsibility, having regard to the principles of sound financial management;

               1.

               Grants the Director of the Executive Agency for Small and Medium-sized Enterprises discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III — Commission and executive agencies, and in its resolution of 27 April 2017 on the Court of Auditors' special reports in the context of the Commission discharge for the financial year 2015 (10);

               3.

               Instructs its President to forward this decision, the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III — Commission and the resolution forming an integral part of those decisions, to the Director of the Executive Agency for Small and Medium-sized Enterprises, 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 L 69, 13.3.2015.

      (2)  OJ C 380, 14.10.2016, p. 1.

      (3)  OJ C 417, 11.11.2016, p. 10.

      (4)  OJ C 449, 1.12.2016, p. 61.

      (5)  OJ C 380, 14.10.2016, p. 147.

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

      (7)  OJ L 11, 16.1.2003, p. 1.

      (8)  OJ L 297, 22.9.2004, p. 6.

      (9)  OJ L 341, 18.12.2013, p. 73.

      (10)  Texts adopted of that date, P8_TA(2017)0144 (see page 66 of this Official Journal).