Important legal notice

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31963D0266

63/266/EEC: Council Decision of 2 April 1963 laying down general principles for implementing a common vocational training policy

Official Journal 063 , 20/04/1963 P. 1338 - 1341 Finnish special edition: Chapter 16 Volume 1 P. 0003  Danish special edition: Series I Chapter 1963-1964 P. 0022  Swedish special edition: Chapter 16 Volume 1 P. 0003  English special edition: Series I Chapter 1963-1964 P. 0025  Greek special edition: Chapter 05 Volume 1 P. 0012  Spanish special edition: Chapter 05 Volume 1 P. 0030  Portuguese special edition Chapter 05 Volume 1 P. 0030  Special edition in Czech Chapter 05 Volume 01 P. 7  - 10 Special edition in Estonian Chapter 05 Volume 01 P. 7  - 10 Special edition in Hungarian Chapter 05 Volume 01 P. 7  - 10 Special edition in Lithuanian Chapter 05 Volume 01 P. 7  - 10 Special edition in Latvian Chapter 05 Volume 01 P. 7  - 10 Special edition in Maltese Chapter 05 Volume 01 P. 7  - 10 Special edition in Polish Chapter 05 Volume 01 P. 7  - 10 Special edition in Slovakian Chapter 05 Volume 01 P. 7  - 10 Special edition in Slovenian Chapter 05 Volume 01 P. 7  - 10

		Council Decisionof 2 April 1963laying down general principles for implementing a common vocational training policy(63/266/EEC)THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,Having regard to the Treaty establishing the European Economic Community, and in particular Article 128 thereof;Having regard to the proposal from the Commission;Having regard to the Opinion of the Economic and Social Committee;Having regard to the Opinion of the European Parliament [1];Whereas, in order to fulfil the obligation imposed on them by the Treaty, to ensure the maintenance of a high level of employment through their economic policies, Member States should take appropriate action to adapt the skills of their labour forces to changes in the general economic situation and to changes in production technology;Whereas against the background of the rapid implementation of the common market and in conjunction with the co-ordination of regional policies and the progressive achievement of a common agricultural policy, the structural changes which are at present taking place in certain economic sectors raise urgent problems of vocational training and retraining;Whereas a common vocational training policy which, in accordance with Article 128 of the Treaty, can contribute to the harmonious development both of the national economies and of the common market should be defined in the light of the general objectives of the Treaty, and in particular the Preamble and Article 2 thereof;Whereas the implementation of an effective common vocational training policy will help to bring about freedom of movement for workers;Whereas the freedom of choice of occupation, place of training and place of work which is the fundamental right of every person should be respected;Whereas every person should, during the different stages of his working life, be able to receive adequate basic and advanced training, and any necessary vocational retraining;Whereas the general principles for implementing a common vocational training policy should apply to all vocational training of young persons and adults who might be or already are employed in posts up to supervisory level; and whereas special importance should be attached to the basic and advanced training of teachers and instructors;Whereas the attainment of the objectives set out in the following general principles requires not only that action be taken at a national level, but also that the Commission be enabled to propose appropriate measures, under the Treaty, to the Council or to the Member States; and whereas this will entail close co-operation both between Member States and between Member States and the competent institutions of the Community;Whereas it is desirable to ensure, in particular by setting up an Advisory Committee attached to the Commission, co-operation between those public and private bodies within the Member States which are particularly concerned with problems of vocational training;Whereas the following general principles are relevant to present economic and social conditions in the Community; and whereas they may subsequently be amplified progressively in the light of changing requirements within the Community;HAS DECIDED AS FOLLOWS:The following general principles for implementing a common vocational training policy are hereby established:First principleA common vocational training policy means a coherent and progressive common action which entails that each Member State shall draw up programmes and shall ensure that these are put into effect in accordance with the general principles contained in this Decision and with the resulting measures taken to apply them.The general principles must enable every person to receive adequate training, with due regard for freedom of choice of occupation, place of training and place of work.These general principles must deal with the training of young persons and adults who might be or already are employed in posts up to supervisory level.It shall be the responsibility of the Member States and the competent institutions of the Community to apply such general principles within the framework of the Treaty.Second principleThe common vocational training policy shall have the following fundamental objectives:(a) To bring about conditions that will guarantee adequate vocational training for all;(b) To organise in due course suitable training facilities to supply the labour forces required in the different sectors of economic activity;(c) To broaden vocational training on the basis of a general education, to an extent sufficient to encourage the harmonious development of the personality and to meet requirements arising from technical progress, new methods of production and social and economic developments;(d) To enable every person to acquire the technical knowledge and skill necessary to pursue a given occupation and to reach the highest possible level of training, whilst encouraging, particularly as regards young persons, intellectual and physical advancement, civic education and physical development;(e) To avoid any harmful interruption either between completion of general education and commencement of vocational training or during the latter;(f) To promote basic and advanced vocational training and, where appropriate, retraining, suitable for the various stages of working life;(g) To offer to every person, according to his inclinations and capabilities, working knowledge and experience, and by means of permanent facilities for vocational advancement, the opportunity to gain promotion or to receive instruction for a new and higher level of activity;(h) To relate closely the different forms of vocational training to the various sectors of the economy so that, on the one hand, vocational training best meets both the needs of the economy and the interests of the trainees and, on the other hand, problems presented by vocational training receive the attention which they deserve in business and professional circles everywhere.Third principleWhen the common vocational training policy is put into operation, special importance shall be attached:- to forecasts and estimates, at both national and Community levels, of the quantitative and qualitative requirements of workers in the various productive activities;- to a permanent system of information and guidance or vocational advice, for young people and adults, based on the knowledge of individual capabilities, training facilities and employment opportunities, operating in close co-operation with the productive and distributive sectors of the economy, vocational training services and schools;- to the opportunity for every person to have recourse to the system provided for above at any time before choosing his occupation, during his vocational training and throughout his working life.Fourth principleIn conformity with these general principles and in order to attain the objectives stated therein, the Commission may propose to the Council or to the Member States, under the Treaty, such appropriate measures as may appear to be necessary.Moreover, in close co-operation with the Member States, the Commission shall carry out any studies and research in the field of vocational training which will ensure attainment of a common policy, in particular with a view to promoting employment facilities and the geographical and occupational mobility of workers within the Community.Furthermore, it shall draw up a list of training facilities in the Member States and compare them with existing requirements with a view to determining what actions to recommend to the Member States, indicating an order of priority where necessary; should the occasion arise, it shall encourage the conclusion of bilateral or multilateral agreements.The Commission shall follow the development of such measures, compare the results thereof and bring them to the notice of the Member States.When carrying out the tasks assigned to it in the field of vocational training, the Commission shall be assisted by a tripartite advisory committee, whose composition and rules shall be laid down by the Council after receiving the Opinion of the Commission.Fifth principleIn order to promote a wider knowledge of all the facts and publications concerning the state and development of vocational training within the Community, and to help keep current teaching methods up to date, the Commission shall take all suitable steps to collect, distribute and exchange any useful information, literature and teaching material among the Member States. It shall ensure in particular the systematic distribution of literature relating to innovations already in use or to be introduced. For their part, the Member States shall give the Commission all the necessary help and support to carry out these various tasks and, in particular, shall provide any useful information concerning the present state and development of national systems of vocational training.Sixth principleIn co-operation with the Member States, the Commission shall encourage such direct exchanges of experience in the field of vocational training as are likely to enable the services responsible for vocational training and specialists in such field to acquaint themselves with and study the achievements and new developments in the other countries of the Community in matters of vocational training.Such exchanges shall be brought about in particular by means of study seminars and by programmes of visits and stays at vocational training institutions.Seventh principleThe suitable training of teachers and instructors, whose numbers should be increased and whose technical and teaching skills should be developed, shall be one of the basic factors of any effective vocational training policy.Member States shall, with the assistance of the Commission where necessary, encourage any measures which are likely to contribute to the improvement and development of such training, in particular measures to ensure a continuing adjustment to progress in the economic and technical fields.The training of instructors recruited among specially qualified workers shall be encouraged. Harmonisation of instructor training shall be sought; all exchanges of experience and other similar appropriate means, and in particular those mentioned in the Sixth Principle, may be used towards such harmonisation.Special measures shall be taken in the Community countries to promote the basic training and advanced training of teachers and instructors for work in the less favoured regions of the Community and in developing States and territories, in particular those associated with the Community.Eighth principleThe common vocational training policy must, in particular, be so framed as to enable levels of training to be harmonised progressively.In co-operation with the Member States the Commission shall, according to requirements, draw up in respect of the various occupations which call for specific training a standardised description of the basic qualifications required at various levels of training.On this basis, harmonisation of the standards required for success in final examinations should be sought, with a view to the mutual recognition of certificates and other documents confirming completion of vocational training;The Member States and the Commission shall encourage the holding of European competitions and examinations.Ninth principleIn order to contribute to the achievement of an overall balance between the supply of and demand for labour within the Community, and taking into account the forecasts made for this purpose, the Member States and the Commission may co-operate in taking adequate steps, in particular when drawing up suitable training programmes.Such steps and programmes must aim at the rapid training of adults and vocational retraining, taking into account the situations caused by economic expansion or recession, technological and structural changes and the special requirements of certain occupations, occupational categories or specific regions.Tenth principleIn the application of the general principles of the common vocational training policy, particular attention shall be given to the special problems concerning specific sectors of activity or specific categories of persons; special measures may be taken in this respect.Measures taken with a view to attaining the objectives of the common vocational training policy may be jointly financed.Done at Brussels, 2 April 1963.For the CouncilThe PresidentEugene Schaus[1] OJ No 31, 26. 4. 1962, p. 1034/62.--------------------------------------------------


title: 2006/837/EC: Decision of the European Parliament of 27 April 2006 on the closure of the accounts of the European Medicines Agency for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/108

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the closure of the accounts of the European Medicines Agency for the financial year 2004
   (2006/837/EC)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Medicines Agency for the financial year 2004, together with the Agency's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, 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 Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (4), and in particular Article 68 thereof,

               —

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

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0101/2006),

               1.

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

                           (1000 EUR)

                           2004

                           2003

                           Revenue

                           Fees relating to marketing authorisations

                           68 412

                           58 657

                           Commission subsidy including subsidies received from the EEA

                           20 529

                           19 786

                           Community subsidy for orphan medicines

                           4 026

                           2 814

                           Contributions for Community programmes

                           0

                           1 208

                           Administrative revenue

                           1 973

                           1 703

                           Sundry revenue

                           1 473

                           1 788

                              Total (a)

                              96 413

                              85 956

                           Expenditure  (6)

                           Staff expenditure

                           34 333

                           29 663

                           Administrative expenditure

                           11 224

                           10 835

                           Operating expenditure

                           38 573

                           32 838

                           Depreciation

                           3 650

                           2 364

                           Other expenditure

                           280

                           0

                              Total (b)

                              88 060

                              75 700

                              Surplus from operating activities (c = a - b)

                              8 353

                              10 256

                              Financial operations (e)

                              1 160

                              676

                              Economic result (f = c + e)

                              9 513

                              10 932

               2.

               Approves the closure of the accounts of the European Medicines Agency for the financial year 2004;

               3.

               Instructs its President to forward this decision to the Executive Director of the European Medicines Agency, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 17.

      (2)  OJ C 332, 28.12.2005, p. 8.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 136, 30.4.2004, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

      (6)  The portion of the appropriations carried over which is to be regarded as expenditure for the financial year has been evaluated on an overall basis rather than on the basis of examining individual transactions.
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/110

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

               —

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

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Medicines Agency for the financial year 2004, together with the Agency's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, 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 Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (4), and in particular Article 68 thereof,

               —

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

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0101/2006),

               A.

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

               B.

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

               1.

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

               2.

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

               3.

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

               4.

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

               5.

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

               6.

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

               7.

               Notes the Court of Auditors' finding that contracts concluded with banks have been in force for over five years, in contravention of the Agency's financial regulation implementing rules, which require a new invitation to tender at least every five years; notes the Agency's reply explaining the reasons for the delay in launching a call for tender and setting out the benefits achieved through direct negotiation with the bank and will bear this in mind when considering revisions to the Financial Regulation;

               8.

               Notes that the implementation of both the operating and the administrative budget was lower in 2004 than in 2003; is very pleased with the full implementation of the orphan drugs budget line;

               9.

               Points out that the new pharmaceuticals legislation, which was adopted in 2004, had a considerable impact on the Agency's work and management structures; congratulates the Agency on its successful adaptation to the new regulatory environment;

               10.

               Notes that the implementation by Member States of the Europe-wide pharmacovigilance reporting system (the EudraVigilance database) was slower than expected; is, however, satisfied with the recent announcement by the Executive Director that the situation has substantially improved during 2005;

               11.

               Invites the Agency to improve contacts with consumer protection organisations in order to improve awareness concerning toxic and potentially harmful products in medicinal products; underlines the Agency's duty to act in the public interest;

               12.

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

               13.

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

      (1)  OJ C 269, 28.10.2005, p. 17.

      (2)  OJ C 332, 28.12.2005, p. 8.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 136, 30.4.2004, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).


Avis juridique important

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31997D0224

97/224/CFSP: Council Decision of 24 March 1997 supplementing Joint Action 96/406/CFSP concerning action by the Union to support the electoral process in Bosnia and Herzegovina

Official Journal L 090 , 04/04/1997 P. 0001 - 0001

COUNCIL DECISION of 24 March 1997 supplementing Joint Action 96/406/CFSP concerning action by the Union to support the electoral process in Bosnia and Herzegovina (97/224/CFSP) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Articles J.3 and J.11 thereof,Having regard to the conclusions of the Dublin European Council meeting on 13 and 14 December 1996,Whereas, on 10 June 1996 the Council adopted Joint Action 96/406/CFSP concerning action by the Union to support the electoral process in Bosnia and Herzegovina (1);Whereas, the local elections initially foreseen for 14 September 1996, having been postponed twice by the Provisional Electoral Commission of Bosnia and Herzegovina, are now due to take place in 1997;Whereas Joint Action 96/406/CFSP should be supplemented;HAS DECIDED AS FOLLOWS:Article 1This Decision is directed towards the continuation of European Union support for the activities carried out by the Organization for Security and Cooperation in Europe (OSCE), pursuant to the General Framework Agreement for Peace.Article 21. In respect of the local elections in Bosnia and Herzegovina, the support referred to in Article 1 shall take the form of the provision of a contingent of EU supervisors to oversee the electoral process under the aegis of the OSCE, including a voter registration, polling and counting.2. EU long-term supervisors shall stay in the region for a period of up to 220 days. EU medium-term supervisors shall stay in the region for a period of up to 70 days. EU short-term supervisors shall stay in the region for a period of 14 days.Article 31. In order to cover the additional costs involved in realizing the activities mentioned in Article 2, a sum of ECU 5,5 million shall be charged to the general budget of the European Communities for 1997.2. The costs incurred for the participation of the supervisors (e.g. per diem, subsistence costs, training costs, transport in the region and return travel costs to the areas concerned) shall be set off against the comprehensive amount charged to the general budget of the European Communities under Joint Action 96/406/CFSP.3. The expenditure financed from the amount referred to in paragraph 1 shall be managed in compliance with the Community's budgetary procedures and rules.Article 4The Council shall review the implementation of this Decision.Article 5This Decision shall enter into force on the day of its adoption.Article 6This Decision shall be published in the Official Journal.Done at Brussels, 24 March 1997.For the CouncilThe PresidentH. VAN MIERLO(1) OJ No L 168, 6. 7. 1996, p. 1. Joint Action as amended by Decision 97/153/CFSP (OJ No L 63, 4. 3. 1997, p. 1).


Avis juridique important

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31988D0453

88/453/EEC: Council Decision of 30 June 1988 on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the Kingdom of Morocco

Official Journal L 224 , 13/08/1988 P. 0032

COUNCIL DECISIONof 30 June 1988on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the Kingdom of Morocco(88/453/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof,Having regard to the recommendation from the Commission,Having regard to the assent of the  European Parliament (1),Whereas the Protocol on financial and technical cooperation between the European Economic Community and the Kingdom of Morocco should be approved,HAS DECIDED AS FOLLOWS:   Article 1 The Protocol on financial and technical cooperation between the European Economic Community and the Kingdom of Morocco is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision. Article 2 The President of the Council shall give the notification provided for in Article 21 of the Protocol (2). Article 3 This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.  Done at Luxembourg, 30 June 1988.For the Council The President Ch. SCHWARZ-SCHILLING  (1) OJ No C 187, 18. 7. 1988. (2) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


Avis juridique important

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31980D0273

80/273/EEC: Council Decision of 10 December 1979 concerning the conclusion of the Protocol for the accession of the Republic of the Philippines to the General Agreement on tariffs and trade

Official Journal L 071 , 17/03/1980 P. 0176 - 0176 Finnish special edition: Chapter 11 Volume 9 P. 0178  Swedish special edition: Chapter 11 Volume 9 P. 0178

COUNCIL DECISION  of 10 December 1979  concerning the conclusion of the Protocol for the accession of the Republic of the Philippines to the General Agreement on tariffs and trade  (80/273/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Whereas the Republic of the Philippines has entered into negotiations with the European Economic Community and with the other Contracting Parties to the General Agreement on tariffs and trade with a view to its accession to that General Agreement;  Whereas the outcome of these negotiations is acceptable to the Community,  HAS DECIDED AS FOLLOWS:     Article 1 The Protocol for the accession of the Republic of the Philippines to the General Agreement on tariffs and trade is hereby approved on behalf of the European Economic Community.  The text of the Protocol is annexed to this Decision.    Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Protocol in order to bind the Community.     Done at Brussels, 10 December 1979.  For the Council  The President  T. HUSSEY        PROTOCOL FOR THE ACCESSION OF THE PHILIPPINES TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE   THE GOVERNMENTS WHICH ARE CONTRACTING PARTIES TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE (hereinafter referred to as "Contracting Parties" and "the General Agreement", respectively), THE EUROPEAN ECONOMIC COMMUNITY and the GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES (hereinafter referred to as "the Philippines"),  HAVING REGARD to the results of the negotiations directed towards the accession of the Philippines to the General Agreement,  HAVE through their representatives agreed as follows:    PART I General    1. The Philippines shall, upon entry into force of this Protocol pursuant to paragraph 7, become a Contracting Party to the General Agreement, as defined in Article XXXII thereof, and shall apply to Contracting Parties provisionally and subject to this Protocol:      (a) Parts I, III and IV of the General Agreement, and           (b) Part II of the General Agreement to the fullest extent not inconsistent with its legislation existing on the date of this Protocol.  The obligations incorporated in paragraph 1 of Article I by reference to Article III and those incorporated in paragraph 2 (b) of Article II by reference to Article VI of the General Agreement shall be considered as falling within Part II for the purpose of this paragraph.       2.       (a) The provisions of the General Agreement to be applied to Contracting Parties by the Philippines shall, except as otherwise provided in this Protocol, be the provisions contained in the text annexed to the Final Act of the second session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as rectified, amended or otherwise modified by such instruments as may have become effective on the day on which the Philippines becomes a Contracting Party.           (b) In each case in which Article V (6), Article VII (4) (d) and Article X (3) (c) of the General Agreement refer to the date of that Agreement, the applicable date in respect of the Philippines shall be the date of this Protocol.                 3. The Philippines intends to bring into line with Article III of the General Agreement, the sales and specific taxes with respect to the items listed in document L/4724/Add. 1 whose rates, in accordance with the relevant sections of Titles IV and V of the Philippines internal revenue code in force on the date of this Protocol, vary according to whether the items are locally manufactured or imported and will endeavour to do so as soon as possible in the light of its development, financial and trade needs. If by 31 December 1984, the abovementioned taxes are still in effect with differential rates for imported items, the matter will be reviewed by the Contracting Parties.   PART II Schedule      4. The schedule in the Annex shall, upon the entry into force of this Protocol, become a schedule to the General Agreement relating to the Philippines.       5.       (a) In each case in which Article II (1) of the General Agreement refers to the date of that Agreement, the applicable date in respect of each product which is the subject of a concession provided for in the schedule annexed to this Protocol shall be the date of this Protocol.           (b) For the purpose of the reference in Article II (6) (a) of the General Agreement to the date of that Agreement, the applicable date in respect of the schedule annexed to this Protocol shall be the date of this Protocol.    PART III Final provisions    6. This Protocol shall be deposited with the Director-General to the Contracting Parties. It shall be open for signature by the Philippines until ... 1979. It shall also be open for signature by Contracting Parties and by the European Economic Community.       7. This Protocol shall enter into force on the 30th day following the day upon which it shall have been signed by the Philippines.       8. The Philippines, having become a Contracting Party to the General Agreement pursuant to paragraph 1 of this Protocol, may accede to the General Agreement upon the applicable terms of this Protocol by deposit of an instrument of accession with the Director-General. Such accession shall take effect on the day on which the General Agreement enters into force pursuant to Article XXVI or on the 30th day following the day of the deposit of the instrument of accession, whichever is the later. Accession to the General Agreement pursuant to this paragraph shall, for the purposes of Article XXXII (2) of that Agreement, be regarded as acceptance of the Agreement pursuant to Article XXVI (4) thereof.       9. The Philippines may withdraw its provisional application of the General Agreement prior to its accession thereto pursuant to paragraph 8 and such withdrawal shall take effect on the 60th day following the day on which written notice thereof is received by the Director-General.       10. The Director-General shall promptly furnish a certified copy of this Protocol and a notification of each signature thereto, pursuant to paragraph 6, to each Contracting Party, to the European Economic Community, to the Philippines and to each government which shall have acceded provisionally to the General Agreement.       11. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.    Done at Geneva this ... day of ... one thousand nine hundred and seventy-nine, in a single copy, in the English and French languages, except as otherwise specified with respect to the schedule annexed hereto, both texts being authentic.    ANNEX SCHEDULE LXXV - PHILIPPINES  (The schedule may be consulted at the GATT secretariat in Geneva.)


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31998D0278

98/278/EC: Council Decision of 7 April 1998 concerning the conclusion of a framework agreement on cooperation between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela

Official Journal L 127 , 29/04/1998 P. 0010 - 0010

COUNCIL DECISION of 7 April 1998 concerning the conclusion of a framework agreement on cooperation between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela (98/278/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 130y, in conjunction with Article 228(2), first sentence and (3) first subparagraph thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas the Community, for the attainment of its aims in the sphere of external economic relations, should approve the framework agreement on cooperation between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela,HAS DECIDED AS FOLLOWS:Article 1 The framework agreement on cooperation between the European Economic Community and the Cartagena Agreement and its member countries, namely the Republic of Bolivia, the Republic of Colombia, the Republic of Ecuador, the Republic of Peru and the Republic of Venezuela 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 shall give the notification provided for in Article 37 of the agreement.Article 3 The Commission, assisted by representatives of the Member States, shall represent the Community in the joint committee set up by Article 32 of the agreement.Article 4 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.Done at Luxembourg, 7 April 1998.For the CouncilThe PresidentD. BLUNKETT(1) OJ C 25, 28. 1. 1993, p. 31.(2) OJ C 234, 30. 8. 1993 andOJ C 80, 16. 3. 1998.


title: Council Decision 2014/800/CFSP of 17 November 2014 launching the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) and amending Decision 2014/486/CFSP

text:
               18.11.2014

               EN

               Official Journal of the European Union

               L 331/24

         COUNCIL DECISION 2014/800/CFSP
   of 17 November 2014
   launching the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) and amending Decision 2014/486/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28 and Articles 42(4) and 43(2) thereof,
   Having regard to Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (1), and in particular Article 4 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 22 July 2014, the Council adopted Decision 2014/486/CFSP.

               (2)

               On 20 October 2014, the Council approved the operation plan for EUAM Ukraine.

               (3)

               Following the recommendation of the Civilian Operation Commander and after EUAM Ukraine having reached the initial operational capability, EUAM Ukraine should be launched on 1 December 2014.

               (4)

               Decision 2014/486/CFSP foresaw the financial reference amount of EUR 2 680 000 for the period until 30 November 2014. A new financial reference amount for the period of 12 months starting on 1 December 2014 should be provided. Decision 2014/486/CFSP should therefore be amended.

               (5)

               EUAM Ukraine will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   The European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) shall be launched on 1 December 2014.
   Article 2
   The Civilian Operation Commander for EUAM Ukraine is hereby authorised with immediate effect to start execution of the operation.
   Article 3
   Article 14(1) of Decision 2014/486/CFSP is replaced by the following:

      ‘1.   The financial reference amount intended to cover the expenditure related to EUAM Ukraine until 30 November 2014 shall be EUR 2 680 000. The financial reference amount intended to cover the expenditure related to EUAM Ukraine for the period from 1 December 2014 to 30 November 2015 shall be EUR 13 100 000. The financial reference amount for the subsequent periods shall be decided by the Council.’

   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 November 2014.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 217, 23.7.2014, p. 42.


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32000D0231

Council Decision of 20 March 2000 supplementing Decision 98/627/CFSP concerning a specific action of the Union in the field of assistance for mine clearance

Official Journal L 073 , 22/03/2000 P. 0002 - 0002

Council Decisionof 20 March 2000supplementing Decision 98/627/CFSP concerning a specific action of the Union in the field of assistance for mine clearance(2000/231/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Joint Action 96/588/CFSP of 1 October 1996 on anti-personnel landmines(1), and in particular Article 8 thereof, in conjunction with Article 23(2) of the Treaty on European Union,Whereas:(1) The Council decided in Decision 98/627/CFSP(2) that the European Union should launch a specific action of the Union in the field of assistance for mine clearance.(2) By Decision 98/628/CFSP(3), the Council requested the Western European Union (WEU) to implement this action.(3) It is appropriate to provide additional financing to continue the implementation of Decision 98/627/CFSP,HAS DECIDED AS FOLLOWS:Article 11. The financial reference amount to cover the operational expenditure to which the implementation of Decision 98/627/CFSP gives rise shall be EUR 308133 for the year 2000.2. This amount is additional to that provided for in Decision 98/627/CFSP.Article 2This Decision shall be notified to the WEU in accordance with the conclusions adopted by the Council on 14 May 1996 on the transmission to the WEU of documents of the European Union.Article 3This Decision shall take effect on the date of its adoption.Article 4This Decision shall be published in the Official Journal.Done at Brussels, 20 March 2000.For the CouncilThe PresidentJ. Gama(1) OJ L 260, 12.10.1996, p. 1.(2) OJ L 300, 11.11.1998, p. 1.(3) OJ L 300, 11.11.1998, p. 2.


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32001D0097

2001/97/EC: Commission Decision of 23 January 2001 terminating the examination procedure concerning measures affecting the trade of cognac in Brazil (notified under document number C(2001) 129)

Official Journal L 035 , 06/02/2001 P. 0053 - 0055

Commission Decisionof 23 January 2001terminating the examination procedure concerning measures affecting the trade of cognac in Brazil(notified under document number C(2001) 129)(2001/97/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation(1), as amended by Regulation (EC) No 356/95(2), and in particular Articles 11(1) thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURAL BACKGROUND(1) On 17 February 1997 the Bureau national interprofessionnel du cognac (hereinafter BNIC) lodged a complaint under Article 4 of Council Regulation (EC) No 3286/94 (hereinafter "the Regulation") on behalf of those of its members which export to Brazil or wish to do so.(2) The complainant alleged that Community sales of cognac in Brazil were hindered by three obstacles to trade within the meaning of Article 2(1) of the Regulation, i.e. "a practice adopted or maintained by a third country and in respect of which international trade rules establish a right of action". The alleged obstacles to trade were the following.(i) Lack of protection of the cognac appellation of origin (AOC) and discrimination vis-à-vis other foreign and local geographical indications: the complainant alleged that the Brazilian legislation allowed Brazilian brandy and other types of spirits to be called cognac or conhaque, these being the terms officially and commercially used to define such spirits, regardless of their geographical origin. It was claimed that this practice was in breach of several provisions of the WTO Agreement in trade related aspects of intellectual property rights (TRIPs); ot the Paris Convention for the Protection of Industrial Property (Paris Convention); of the Madrid Agreement for the Repression of False or Deceptive Indications of Source of Goods (Madrid Agreement) as well as of the 1992 Framework Cooperation Agreement between the Community and Brazil (Framework Agreement).(ii) Excessive administrative requirements for import: the complainant claimed that the requirements for the marketing of cognac in Brazil, such as the cumbersome registration procedure and the compulsory visit of a Brazilian agronomist to the production site in France at the exporter's expense are largely excessive and unique so as to constitute a disguised restriction to trade. It was claimed that these measures violate Articles III and VIII of GATT 1994 and to Articles 1 and 2 of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS).(iii) Discriminatory taxation: BNIC complained that the rate of tax on industrial products discriminates against Cognac vis-à-vis locally produced spirits. It was alleged that cognac is ex officio classified in the most heavily taxed category, while local spirits are never classified in that category. According to the complainant, this would be a breach of Article III.1 and III.2 of GATT 1994.(3) The complainant also claimed that these practices were causing adverse trade effects within the meaning of Article 2(4) of the Regulation and that they were in danger of being more adversely affected in the near future, as they blocked the access of cognac to the Brazilian market, which represent an important export market to an industry which is substantially export oriented.(4) The Commission decided therefore, after consultation of the Advisory Committee established by the Regulation, that there was sufficient evidence to justify initiating an examination procedure for the purpose of considering the legal and factual issues involved. Consequently, an examination procedure was initiated on 2 April 1997(3).B. THE FINDINGS OF THE EXAMINATION PROCEDURE(5) On the lack of protection of the cognac AOC, the investigation confirmed the complainant's allegation that the cognac AOC was not protected and that the term conhaque was used to define locally produced spirits. According to the Brazilian laws regulating the market of alcoholic drinks(4), the term defines two kind of spirits, very different from each other: vine spirits or brandy (called conhaque or conhaque fino according to the length of the ageing process) and sugar cane spirits with different flavourings (conhaque de... according to the flavour added).(6) Consequently, the alleged violations of the Framework Agreement as well as of the Madrid Agreement to the Paris Convention were confirmed. It should be noted that, at the time the investigation was carried out, Brazil was entitled, as a developing country according to Article 65.2 of the TRIP Agreement, to delay the implementation of, inter alia, Articles 22 to 24 of the TRIP Agreement until 1 January 2000. The compliance of the measures under examination with these provisions was therefore not examined at that stage.(7) It was also confirmed that the lack of protection misleads consumers, so damaging the brand image of cognac; it therefore adversely affects trade of cognac in favour of Brazilian producers of spirits using the same name, cognac or conhaque.(8) The excessive administrative requirements and the discriminatory taxation were confirmed by the investigation, but they were not found to have a material impact on the trade of cognac; it was therefore decided not to pursue these issues.C. DEVELOPMENTS AFTER THE END OF THE INVESTIGATION(9) In view of the entry into force of the TRIPs obligation on 1 January 2000, Brazil adopted Law No 9279 of 14 May 1996, known as Lei da propriedade industrial or LPI, which, among other things, introduced a register of geographical indications.(10) Pursuant to LPI and following bilateral contacts betweeen the Commission and the Brazilian authorities, BNIC applied for registration of the cognac geographical indication. The application was accepted and the cognac geographical indication was registered on 11 April 2000, after a delay due to the opposition of the Brazilian producers' association. The registration gave to the French producers exclusive rights to the use of the name cognac. Consequently, no registration of trademarks containing the word cognac is allowed and existing registered trademarks containing the word cognac will expire within five years from registration. Furthermore, the term cognac cannot be used as a generic name.(11) As regards the term conhaque, it remains, according to the Brazilian legislation on alcoholic drinks, a generic name as it was at the time of the investigation, and only as such it may be used, since, according to LPI, a generic name cannot be registered as a trademark. The geographical indication cognac will therefore have to coexist with the use of the generic term conhaque.(12) Since 1 January 2000, TRIPs has to be fully implemented by Brazil. The Commission services have therefore analysed the compliance with TRIPs of the present level of protection of the cognac AOC.(13) The analysis found that, being a geographical indication concerning a product of the vine, the cognac AOC, is covered by Article 23.1 TRIPs and as such has to be protected. As explained in recital 10, the registration of the cognac geographical indication entitles the A.O.C. to full protection in Brazil, and is therefore in accordance with Article 23.1.(14) It should be noted that the protection of Article 23.1 extends to translations of the original geographical indication; it should therefore also cover the Portuguese version of the word (conhaque). However, the use of the term conhaque is likely to be covered by the exceptions granted by Article 24.4 and 24.6 of the TRIPs Agreement. It was therefore concluded that the present level of protection accorded to the cognac AOC complies with the relevant provisions of TRIPs.(15) The coexistence of the protected geographical indication with the generic use of the Portuguese translation may still create some difficulties to the French exporters. However, the present Brazilian legal framework is likely to create, over time, a clear distinction in consumers' perception between cognac AOC and locally produced conhaque. The scope for consumers' confusion should therefore be substantially reduced, so creating a situation of fair competition on the Brazilian market and removing the adverse trade effects caused by the lack of protection.(16) As explained in recital 6, the investigation had found violations of the Paris Convention and of the Madrid Agreement. However, as the new situation created by the registration is expected to remove the unfair competition and the adverse trade effects, the issue will not be pursued further.D. CONCLUSION AND RECOMMENDATIONS(17) In view of the above analysis, it is considered that the examination procedure has led to a satisfactory situation with regard to the obstacles that faced the trade of cognac in Brazil as alleged in the complaint lodged by BNIC. The examination procedure should therefore be terminated.(18) Further protection of the geographical indication cognac against the generic name conhaque may be pursued, if appropriate, by negotiation in particular under Article 24.1 of the TRIPS Agreement,HAS DECIDED:Sole ArticleThe examination procedure concerning measures imposed by Brazil affecting the trade of cognac initiated on 2 April 1997 is hereby terminated.Done at Brussels, 23 January 2001.For the CommissionPascal LamyMember of the Commission(1) OJ L 349, 31.12.1994, p. 71.(2) OJ L 41, 23.2.1995, p. 3.(3) OJ C 103, 2.4.1997, p. 3.(4) Laws No 7678/88 and 8918/94.


title: 2004/769/EC: Council Decision of 26 July 2004 appointing a German member and a German alternate member of the Committee of the Regions

text:
               17.11.2004

               EN

               Official Journal of the European Union

               L 341/24

      COUNCIL DECISION

   of 26 July 2004
   appointing a German member and a German alternate member of the Committee of the Regions
   (2004/769/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 German 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)

               A seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Axel ENDLEIN, notified to the Council on 7 July 2004, and a seat as an alternate member of the Committee of the Regions has become vacant following the nomination of Mr Peter WINTER to be a full member,

         HAS DECIDED AS FOLLOWS:
   Sole Article

               (a)

               Mr Peter WINTER,
               Landrat Kreis Saarlouis,
               is hereby appointed a member in place of Mr Axel ENDLEIN;

               (b)

               Mr Helmut JAHN,
               Landrat,
               is hereby appointed an alternate member in place of Mr Peter WINTER,

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

      Done at Brussels, 26 July 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ L 24, 26.1.2002, p. 38.


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31997D0412

97/412/EC: Commission Decision of 1 July 1997 terminating the anti-dumping proceeding concerning imports of certain luggage and travel goods originating in the People's Republic of China

Official Journal L 174 , 02/07/1997 P. 0053 - 0055

COMMISSION DECISION of 1 July 1997 terminating the anti-dumping proceeding concerning imports of certain luggage and travel goods originating in the People's Republic of China (97/412/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), as amended by Regulation (EC) No 2331/96 (2), and in particular Articles 9, 17 (4) and 18 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE 1. Initiation (1) In March 1996, the Commission received a complaint concerning alleged injurious dumping caused by imports of certain luggage and travel goods originating in the People's Republic of China.The complaint was lodged by Cedim (Comité Européen des Industries de la Maroquinerie) on behalf of Community producers of the product in question, whose collective output was alleged to represent a major proportion of Community production of suitcases, travelling bags and sports bags.The complaint contained evidence of dumping by the imports concerned and of material injury resulting therefrom which was considered sufficient to justify the initiation of an anti-dumping proceeding.(2) The Commission, after consultation, accordingly announced by a notice published in the Official Journal of the European Communities (3) the initiation of an anti-dumping proceeding with regard to the imports of suitcases, travelling bags and sports bags falling within CN codes ex 4202 12 19, ex 4202 12 99, ex 4202 92 11 and ex 4202 92 91 and commenced an investigation.2. Investigation 2.1. Written submissions and hearings(3) The Commission officially informed the exporters and importers known to be concerned, the representatives of the exporting country and the complainant Community producers. 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) A number of producers in the country concerned as well as Community producers and importers made their views known in writing. All parties who so requested within the above time limit were granted a hearing.2.2. Sampling of Community producers(5) In view of the large number of Community producers manufacturing the product concerned in the Community and supporting the complaint, and in conformity with Article 17 (1) of Council Regulation No 384/96 (hereinafter referred to as 'the Basic Regulation`), it was considered appropriate to limit the investigation to a sample of producers which could reasonably be investigated within the time available. In a first step, four Member States - France, Italy, Spain and Portugal - whose production represented a large majority of Community production of suitcases, travelling bags and sports bags were found to be representative of the whole Community market. In a second step, three producers located in each of these Member States were sampled according to their size, constituting a representative spread of production and employment. The sampled companies were selected from a list of manufacturers of the product concerned, whose turnover was considered representative for that country, submitted by the respective National Associations. The Community producers thus sampled were sent questionnaires.(6) Parties concerned who, following the notice of initiation, had expressed their wish to be consulted by the Commission on the final selection of the sample, were thus given disclosure of the sampled companies and of the methodology used for their selection. None of these objected to this selection.(7) In this context, after this disclosure, the Commission received notice of actual threats of commercial retaliation against some of the sampled Community producers by some of their customers, who are also importers and major retailers in the Community. Certain sampled Community producers were subjected to severe commercial pressure at an advanced stage of the investigation in an effort to persuade them to withdraw their support for the complaint. It was therefore considered appropriate not to make any further disclosure of the names of these companies.2.3. Investigation period(8) The period of investigation for the determination of dumping was 1 April 1995 to 31 March 1996 (hereinafter referred to as 'the investigation period`). The examination of injury covers the period January 1992 to the end of the investigation period.B. COMMUNITY INDUSTRY (9) After the initial definition of the sample of Community producers, the representativity of this sample has been seriously affected by the following facts:- Concerning Italy, one company selected for the sample refused to cooperate and even withdrew its support for the complaint for the reason that imports from the People's Republic of China constitute the core of its business at present. Another company selected had only restarted production in December 1995, after an interruption of production for over one year. In order to remain in the business, sales of this company during the investigation period were, however, made at unrepresentative prices.For another Italian sampled company the product under investigation was unrepresentative of the total activities of the company, covering only 1 % of its total turnover. In addition, of the three lines it sold, one is imported from the People's Republic of China representing a substantial part of the turnover for the product concerned for that company.- Concerning France, one company manufactured only travelling bags and not suitcases.- Another company selected for France only manufactured and sold a negligible amount of travelling bags in the investigation period, while it did not manufacture suitcases. In addition, most of the luggage and travel goods sold by this company are imported from the People's Republic of China.- For Portugal one of the companies selected communicated its unavailability to complete the questionnaire, despite being granted an extension for completing it.(10) It thus follows that the sample initially selected became unrepresentative. Efforts were made by the Commission and by the National Associations concerned to select a new sample, as provided for in Article 17 (4) of the Basic Regulation. However, contacts with other companies provided in the lists submitted by the National Associations concerned proved unsuccessful in this regard.(11) Faced with this degree of non-cooperation on the part of the Community producers selected for the sample, it cannot be reasonably concluded that any data compiled from the cooperating companies in any way reflects the situation of the entire industry.C. TERMINATION OF THE PROCEEDING (12) In view of the above lack of cooperation from the Community producers manufacturing the product concerned, the anti-dumping proceeding concerning imports of certain luggage and travel goods originating in the People's Republic of China should be terminated.(13) Interested parties were informed of the essential facts and considerations on the basis of which the Commission intended to terminate the proceeding and were given the opportunity to comment. No information was received indicating that such termination would not be in the Community interest.(14) The Advisory Committee has been consulted and raised no objection.(15) In the light of the above, the Commission, in accordance with Article 9 of the Basic Regulation, concludes that protective measures are unnecessary and that the proceeding should be terminated,HAS DECIDED AS FOLLOWS:Sole Article The anti-dumping proceeding concerning imports of certain luggage and travel goods, falling within CN codes ex 4202 12 19, ex 4202 12 99, ex 4202 92 11, ex 4202 92 91 originating in the People's Republic of China is hereby terminated.Done at Brussels, 1 July 1997.For the CommissionLeon BRITTANVice-President(1) OJ No L 56, 6. 3. 1996, p. 1.(2) OJ No L 317, 6. 12. 1996, p. 1.(3) OJ No C 111, 17. 4. 1996, p. 4.


title: 2009/166/EC: Council Decision of 27 November 2008 concerning the conclusion of the Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

text:
               28.2.2009

               EN

               Official Journal of the European Union

               L 56/6

         COUNCIL DECISION
   of 27 November 2008
   concerning the conclusion of the Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances
   (2009/166/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Community should strengthen controls on shipments of precursors from the People’s Republic of China, given the risk of their diversion for the purposes of the illicit manufacture of synthetic drugs in the Community.

               (2)

               On 27 June 2006, the Council authorised the Commission to negotiate with the Government of the People’s Republic of China an Agreement on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances (‘the Agreement’). Following negotiations, the text of the Agreement was accepted on 13 March 2008.

               (3)

               It is appropriate that the Council should authorise the Commission, in consultation with a special committee appointed by the Council, to approve amendments on behalf of the Community where the Agreement provides for them to be adopted by the Joint Follow-Up Group. Such authorisation must, however, be limited to the amendment of the Annexes to the Agreement in so far as such amendment concerns substances already covered by Community legislation on drug precursors and substances.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   1.   The Commission, assisted by representatives of the Member States, shall represent the Community on the Joint Follow-Up Group set up under Article 9 of the Agreement.
   2.   The Commission is authorised to approve, on behalf of the Community, amendments to Annexes A and B to the Agreement adopted by the Joint Follow-Up Group under the procedure laid down in Article 10 of the Agreement.
   The Commission shall be assisted in carrying out this task by a special committee appointed by the Council with instructions to establish a common position.
   3.   The authorisation referred to in paragraph 2 shall be limited to those substances which are already covered by the relevant Community legislation on drug precursors.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.
   Article 4
   The President of the Council shall carry out the notification provided for in Article 12 of the Agreement on behalf of the Community (1).
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 November 2008.

            For the Council

            The President

         L. CHATEL

      (1)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               28.2.2009

               EN

               Official Journal of the European Union

               L 56/8

         AGREEMENT
   between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as ‘the Community’,
   on the one part, and
   THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA,
   hereinafter referred to as ‘the Chinese Government’,
   on the other part,
   hereinafter referred to as the ‘the Parties’,
   WITHIN THE FRAMEWORK of the United Nations Convention of 1988 against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, signed on 20 December 1988 in Vienna, hereinafter referred to as the ‘1988 Convention’ and in accordance with legal provision in force in the People’s Republic of China and in the Member States of the Community;
   DETERMINED to prevent and to combat the illicit manufacture of narcotic drugs and psychotropic substances by preventing the diversion of drug precursors and substances frequently used for such purposes (hereinafter referred to as drug precursors);
   ACKNOWLEDGING Article 12 of the 1988 Convention;
   CONVINCED that international trade may be used for the diversion of drug precursors, and that it is necessary to conclude and implement agreements between the regions concerned, establishing wide cooperation and, in particular linking export and import controls;
   RECOGNISING that drug precursors are also mainly and widely used for legitimate purposes and that international trade must not be hindered by excessive monitoring procedures;
   HAVE DECIDED to conclude an Agreement on the prevention of diversion of drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Scope of the Agreement
   1.   This Agreement sets out measures to strengthen administrative cooperation between the Parties to prevent the diversion of drug precursors and substances frequently used in the illicit manufacture of narcotic drugs and psychotropic substances, without prejudice to the normal activities of trade and the due recognition of the legitimate interests of industry.
   2.   For this purpose, the Parties shall assist each other, as set out in this Agreement, in particular by:

               —

               monitoring the trade between them in the drug precursors referred to in paragraph 3, with the aim of preventing their diversion to illicit purposes,

               —

               providing mutual administrative assistance ensuring that their respective drug precursors trade control legislation is correctly applied.

         3.   Without prejudice to possible amendments which might be made pursuant to Article 10, this Agreement applies to the substances listed in the Annexes to this Agreement.
   Article 2
   Trade monitoring
   1.   The Parties shall consult and inform each other on their own initiative whenever they have reasonable grounds to believe that drug precursors may be diverted to the illicit manufacture of narcotic drugs or psychotropic substances, in particular when an import or export shipment occurs in unusual quantities or under unusual circumstances.
   2.   With regard to the drug precursors listed in Annex A to this Agreement, the competent authority of the exporting Party shall forward a pre-export notification to the competent authority of the importing Party. The reply in writing by the importing Party shall be provided within 15 working days after the receipt of the message from the exporting Party. The absence of a reply within this period shall be considered equivalent to a non-objection to sending the shipment. An objection shall be notified in writing to the exporting Party within this period, giving the reasons for refusal.
   3.   With regard to the drug precursors listed in Annex B to this Agreement, the competent authority of the exporting Party shall determine whether to conduct international checks according to its domestic legislation.
   4.   The Parties undertake to reply in writing as soon as possible, in respect of any information provided or measure requested under this Article.
   Article 3
   Suspension of shipment
   1.   Without prejudice to any possible implementation of technical enforcement measures, shipments shall be suspended if, in the opinion of either Party, there are reasonable grounds to believe that drug precursors may be diverted to the illicit manufacture of narcotic drugs or psychotropic substances, or where, in the cases described in Article 2(2), the importing Party requests in writing the suspension, and where appropriate, provides documents of evidence and ensuring measures to be taken within five working days.
   2.   The Parties shall cooperate in supplying each other with any information relating to suspected diversion operations if based upon a request for mutual administrative assistance.
   Article 4
   Mutual administrative assistance
   1.   The Parties shall provide each other upon request for mutual administrative assistance with any information to prevent the diversion of drug precursors to the illicit manufacture of narcotic drugs or psychotropic substances and shall investigate cases of suspected diversion. Where necessary they shall adopt appropriate precautionary measures to prevent diversion.
   2.   Any request for information or precautionary measures shall be complied with in time.
   3.   Requests for administrative assistance shall be executed in accordance with the legal or regulatory provisions of the requested Party.
   4.   Duly authorised officials of a Party may, with the agreement of the other Party and subject to the conditions laid down by the latter, be present at the inquiries carried out in the territory of the other Party.
   5.   The Parties shall assist each other to facilitate the provision of evidence if based upon a request for mutual administrative assistance.
   6.   Administrative assistance provided under this Article shall not prejudice the rules governing mutual assistance in criminal matters, nor shall it apply to information obtained under powers exercised at the request of a judicial authority, except where communication of such information is authorised by that authority.
   7.   One Party may, on a case-by-case basis and through consultation, provide, on request by the other Party, information in respect of substances which are frequently used in the illicit manufacture of narcotic drugs or psychotropic substances but which are not included in the scope of this Agreement.
   Article 5
   Information exchange and confidentiality
   1.   Any information communicated in whatsoever form pursuant to this Agreement shall be of a confidential or restricted nature, depending on the rules applicable in each of the Parties and shall be covered by the obligation of official secrecy.
   2.   Personal data may be exchanged only where the Party which may receive it undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Party that may supply it. To this end, Parties communicate each other information on their applicable rules, including legal provisions in force in the Member States of the Community.
   3.   Information obtained under this Agreement shall be used solely for the purposes of this Agreement. Where one of the Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.
   4.   The use in proceedings instituted for failure to comply with legislation on drug precursors referred to in Article 3, of information obtained under this Agreement, is considered to be solely for the purposes of this Agreement. Therefore, the Parties may in proceedings use as evidence information obtained and documents consulted in accordance with the provisions of this Agreement. The use of evidence is subject to the prior permission of the competent authority which supplied that information or gave access to those documents.
   Article 6
   Exceptions to the obligation to provide assistance
   1.   Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Agreement would:

               (a)

               be likely to prejudice the sovereignty of the People’s Republic of China or that of a Member State of the Community which has been requested to provide assistance under this Agreement; or

               (b)

               be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 5(2); or

               (c)

               violate an industrial, commercial or professional secret.

         2.   Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.
   3.   Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.
   4.   For the cases referred to in this Article, the decision of the requested authority and the reasons therefore must be communicated to the applicant authority as promptly as possible.
   Article 7
   Technical and scientific cooperation
   The Parties shall cooperate in the identification of new diversion methods as well as appropriate countermeasures, including technical cooperation and in particular, training and exchange programmes for the officials concerned, to strengthen administrative and enforcement structures in this field and to promote cooperation with trade and industry.
   Article 8
   Implementation measures
   1.   The Chinese side, the European Commission and each Member State of the Community shall appoint respectively a competent authority to coordinate the implementation of this Agreement. These authorities shall communicate directly with one another for the purposes of this Agreement.
   2.   The Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Agreement.
   Article 9
   Joint Follow-Up Group
   1.   A Joint Follow-Up Group is hereby established, hereinafter referred to as ‘the Joint Follow-Up Group’, in which the Parties shall be represented.
   2.   The Joint Follow-Up Group shall act by mutual agreement.
   3.   If necessary, the Joint Follow-Up Group shall meet, with the date, place and programme being fixed by mutual agreement.
   Extraordinary meetings of the Joint Follow-Up Group may be convened by mutual agreement of the Parties.
   Article 10
   Role of the Joint Follow-Up Group
   1.   The Joint Follow-Up Group shall administer this Agreement and ensure its proper implementation. For this purpose:

               —

               it shall be informed by the Parties of their experience in applying this Agreement,

               —

               in cases provided for in paragraph 2, it shall take decisions,

               —

               it shall study and develop technical cooperation measures,

               —

               it shall study and develop other possible forms of cooperation.

         2.   The Joint Follow-Up Group may adopt by mutual consent decisions to amend Annexes A and B. Such decisions shall be implemented by the Parties in accordance with their own legislation.
   3.   The Joint Follow-Up Group may recommend to the Parties:

               (a)

               other amendments to this Agreement;

               (b)

               measures required for the application of this Agreement.

         Article 11
   Other obligations imposed under other agreements
   1.   Taking into account the respective competencies of the Community and its Member States, the provisions of this Agreement shall:

               —

               not affect the obligations of the Parties under any other international agreement or convention,

               —

               not affect the communication between the competent services of the European Commission and the relevant services of the Member States of the Community of any information obtained under this Agreement which could be of interest to the Community.

         2.   Notwithstanding the provisions of paragraph 1, the provisions of this Agreement shall take precedence over the provisions of any bilateral agreement on drug precursors and other substances frequently used in the illicit manufacture of narcotic drugs and psychotropic substances which have been or may be concluded between individual Member States and the People’s Republic of China insofar as the provisions of the latter are incompatible with those of this Agreement.
   3.   In respect of questions relating to the applicability of this Agreement, the Parties shall consult each other to resolve the matter in the framework of the Joint Follow-Up Group.
   4.   The Parties shall also notify each other of any measures on controlled substances taken with other countries.
   Article 12
   Entry into force
   Each Party shall give written notification that it has completed its internal legal procedures for the entry into force of this Agreement to the other Party. This Agreement shall enter into force 60 days from the date on which the last written notification is received.
   Article 13
   Duration and denunciation
   1.   This Agreement shall be concluded for five years and, unless a Party notifies in writing the other Party of its intention to terminate the Agreement at least six months before the expiration of that period, it will be tacitly renewable for successive periods of five years.
   2.   This Agreement may be amended by mutual consent of the Parties.

      Done in duplicate in the Bulgarian, Czech, Danish, Dutch, Estonian, English, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Chinese languages, all these texts being equally authentic. In case there is any divergence of interpretation of this Agreement, the English and the Chinese texts shall be determinative.
      Съставено в Брюксел на тридесети януари две хиляди и девета година.
      Hecho en Bruselas, el treinta de enero de dos mil nueve.
      V Bruselu dne třicátého ledna dva tisíce devět.
      Udfærdiget i Bruxelles den tredivte januar to tusind og ni.
      Geschehen zu Brüssel am dreißigsten Januar zweitausendneun
      Kahe tuhande üheksanda aasta jaanuarikuu kolmekümnendal päeval Brüsselis.
      Εγινε στις Βρυξέλλες, στις τριάντα Ιανουαρίου δύο χιλιάδες εννιά.
      Done at Brussels on the thirtieth day of January in the year two thousand and nine.
      Fait à Bruxelles, le trente janvier deux mille neuf.
      Fatto a Bruxelles, addì trenta gennaio duemilanove.
      Briselē, divtūkstoš devītā gada trīsdesmitajā janvārī.
      Priimta du tūkstančiai devintų metų sausio trisdešimtą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-kilencedik év január harmincadik napján.
      Magħmul fi Brussell, fit-tletin jum ta’ Jannar tas-sena elfejn u disgħa.
      Gedaan te Brussel, de dertigste januari tweeduizend negen.
      Sporządzono w Brukseli, dnia trzydziestego stycznia roku dwa tysiące dziewiątego.
      Feito em Bruxelas, em trinta de Janeiro de dois mil e nove.
      Încheiat la Bruxelles, la treizeci ianuarie două mii nouă.
      V Bruseli tridsiateho januára dvetisícdeväť.
      V Bruslju, dne tridesetega januarja leta dva tisoč devet.
      Tehty Brysselissä kolmantenakymmenentenä päivänä tammikuuta vuonna kaksituhattayhdeksän.
      Som skedde i Bryssel den trettionde januari tjugohundranio.

         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-Komunitá Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         От името на правителството на Киtайската народна република
         Por el Gobierno de la República Popular China
         Za vládu Čínské lidové republiky
         For Folkerepublikken Kinas regering
         Im Namen der Regierung der Volksrepublik China
         Hiina Rahvavabariigi valitsuse nimel
         Για την κυβέρνηση της Λαϊκής Δημοκρατίας της Κίνας
         For the Government of the People’s Republic of China
         Pour le gouvernement de la République populaire de Chine
         Per il governo della Repubblica popolare cinese
         Ķīnas Tautas Republikas vārdā
         Kinijos Liaudies Respublikos Vyriausybės vardu
         A Kínai Népköztársaság kormánya részéről
         Għall-Gvern tar-Repubblika Popolari taċ-Ċina
         Voor de Regering van de Volksrepubliek China
         W imieniu rządu Chińskiej Republiki Ludowej
         Pelo Governo da República Popular da China
         Pentru Guvernul Republicii Populare Chineze
         Za vládu Čínskej ľudovej republiky
         Za Vlado Ljudske republike Kitajske
         Kiinan kansantasavallan hallituksen puolesta
         På Folkrepubliken Kinas regering vägnar

   ANNEX A
   Substances subject to the measures referred to in Article 2(2)
   N-Acetylanthranilic Acid
   Acetic Anhydride
   Anthranilic Acid
   Ephedrine
   Ephedra extract
   Ergometrine
   Ergotamine
   Isosafrole
   Lysergic Acid
   3,4-Methylenedioxyphenyl-2-propanone
   Norephedrine
   Phenylacetic Acid
   1-Phenyl-2-propanone
   Piperonal
   Potassium Permanganate
   Pseudoephedrine
   Safrole
   Safrole rich oils

      Note: The list of substances must always include a reference to their salts, where appropriate.
   ANNEX B
   Substances subject to the measures referred to in Article 2(3)
   Acetone
   Ethyl Ether
   Hydrochloric Acid
   Methyl Ethyl Ketone
   Piperidine
   Sulphuric Acid
   Toluene


title: 2006/817/EC: Decision of the European Parliament of 27 April 2006 on the discharge for implementation of the European Union general budget for the financial year 2004, Section VIIIB — European Data Protection Supervisor

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/49

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the discharge for implementation of the European Union general budget for the financial year 2004, Section VIIIB — European Data Protection Supervisor
   (2006/817/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2004 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0365/2005),

               —

               having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2),

               —

               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 (3),

               —

               having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

               —

               having regard to Articles 272(10), 275 and 276 of the EC Treaty,

               —

               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 (4), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0117/2006),

               1.

               Grants the European Data Protection Supervisor discharge in respect of the implementation of the budget for the financial year 2004;

               2.

               Sets out its comments in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman and the European Data Protection Supervisor and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ L 53, 23.2.2004.

      (2)  OJ C 301, 30.11.2005, p. 1.

      (3)  OJ C 301, 30.11.2005, p. 9.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 356, 31.12.1977, p. 1.
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/50

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2004, Section VIIIB — European Data Protection Supervisor
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2004 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0365/2005),

               —

               having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2),

               —

               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 (3),

               —

               having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

               —

               having regard to Articles 272(10), 275 and 276 of the EC Treaty,

               —

               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 (4), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0117/2006),

               1.

               Notes that in 2004 the European Data Protection Supervisor (EDPS) administered a budget of EUR 1 942 279 with an utilisation rate of 54,67 %;

               2.

               Notes that the audit of the EDPS by the Court of Auditors did not give rise to any observations (paragraph 9.24 of the Court of Auditors' annual report);

               3.

               Notes that on 24 June 2004 the Secretaries-General of the Commission, Parliament and the Council signed, together with the EDPS, an administrative cooperation agreement to assist the EDPS for a start-up period of three years under which:

                           —

                           the Commission's accounting officer and internal auditor are appointed as the EDPS's accounting officer and auditor;

                           —

                           Commission departments shall provide assistance for all tasks concerning the management of persons linked to the institution, such as recruitment of staff, determination of entitlements, payment of salaries, reimbursement of medical costs, mission payments and so on;

                           —

                           Commission departments shall also provide assistance to the EDPS in establishing and implementing the budget;

                           —

                           the EDPS shall be installed in the Parliament's premises; Parliament's departments shall assist the EDPS as regards material facilities and know-how relating to that installation (security of the buildings, mail, computers, telephones, offices and supplies);

               4.

               Believes that a renewal of the cooperation agreement would be desirable considering the small size of the EDPS' administration;

               5.

               Calls on the EDPS to continue the setting-up of the institution with full respect for the basic principles of legality, regularity and sound financial management.

      (1)  OJ L 53, 23.2.2004.

      (2)  OJ C 301, 30.11.2005, p. 1.

      (3)  OJ C 301, 30.11.2005, p. 9.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 356, 31.12.1977, p. 1.