title: 2008/587/EC,Euratom: Decision of the European Parliament of 18 June 2008 amending Decision 94/262/ECSC, EC, Euratom on the regulations and general conditions governing the performance of the Ombudsman's duties

text:
               17.7.2008

               EN

               Official Journal of the European Union

               L 189/25

      DECISION OF THE EUROPEAN PARLIAMENT

   of 18 June 2008
   amending Decision 94/262/ECSC, EC, Euratom on the regulations and general conditions governing the performance of the Ombudsman's duties
   (2008/587/EC, Euratom)
   THE EUROPEAN PARLIAMENT,
   Having regard to the Treaty establishing the European Community, and in particular Article 195(4) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 107d(4) thereof,
   Having regard to the draft decision approved by the European Parliament on 22 April 2008 (1) and to the resolution adopted and the amendments approved on 18 June 2008 (2),
   Having regard to the opinion of the Commission,
   With the approval of the Council (3),
   Whereas:

               (1)

               The Charter of Fundamental Rights of the European Union recognises the right to good administration as a fundamental right of citizens of the Union.

               (2)

               Citizens' confidence in the capacity of the Ombudsman to conduct thorough and impartial inquiries in alleged cases of maladministration is fundamental to the success of the Ombudsman's action.

               (3)

               It is desirable to adapt the Statute of the Ombudsman in order to eliminate any possible uncertainty concerning the capacity of the Ombudsman to conduct thorough and impartial inquiries in alleged cases of maladministration.

               (4)

               It is desirable to adapt the Statute of the Ombudsman in order to allow for any possible evolution of the legal provisions or of case law concerning the intervention of bodies, offices and agencies of the European Union in cases before the Court of Justice.

               (5)

               It is desirable to adapt the Statute of the Ombudsman to take account of the changes that have occurred in recent years as regards the role of EU institutions and bodies in combating fraud against the financial interests of the European Union, notably the creation of the European Anti-Fraud Office (OLAF), so as to allow the Ombudsman to notify those institutions or bodies of any information falling within their remit.

               (6)

               It is desirable to take steps so as to allow the Ombudsman to develop his or her cooperation with similar institutions at national and international level, as well as with national or international institutions, even where they cover a wider range of activities than the European Ombudsman — such as the protection of human rights — since such cooperation may make a positive contribution towards enhancing the efficiency of the Ombudsman's action.

               (7)

               The Treaty establishing the European Coal and Steel Community expired in 2002,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Amendments to Decision 94/262/ECSC, EC, Euratom
   Decision 94/262/ECSC, EC, Euratom of the European Parliament (4) is hereby amended as follows:

               1.

               in Citation 1, the words ‘, Article 20d(4) of the Treaty establishing the European Coal and Steel Community’ shall be deleted;

               2.

               recital 3 shall be replaced by the following:
               ‘Whereas the Ombudsman, who may also act on his own initiative, must have access to all the elements required for the performance of his duties; whereas to that end Community institutions and bodies are obliged to supply the Ombudsman, at his request, with any information which he requests of them and without prejudice to the Ombudsman's obligation not to divulge such information; whereas access to classified information or documents, in particular to sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001 (5), should be subject to compliance with the rules on security of the Community institution or body concerned; whereas the institutions or bodies supplying classified information or documents as mentioned in the first subparagraph of Article 3(2) should inform the Ombudsman of such classification; whereas for the implementation of the rules provided for in the first subparagraph of Article 3(2), the Ombudsman should have agreed in advance with the institution or body concerned the conditions for treatment of classified information or documents and other information covered by the obligation of professional secrecy; whereas if the Ombudsman finds that the assistance requested is not forthcoming, he shall inform the European Parliament, which shall make appropriate representations;

               3.

               in Article 1(1), the words ‘, Article 20d(4) of the Treaty establishing the European Coal and Steel Community’ shall be deleted;

               4.

               Article 3(2) shall be replaced by the following:
               ‘2.   The Community institutions and bodies shall be obliged to supply the Ombudsman with any information he has requested from them and give him access to the files concerned. Access to classified information or documents, in particular to sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001, shall be subject to compliance with the rules on security of the Community institution or body concerned.
               The institutions or bodies supplying classified information or documents as mentioned in the previous subparagraph shall inform the Ombudsman of such classification.
               For the implementation of the rules provided for in the first subparagraph, the Ombudsman shall have agreed in advance with the institution or body concerned the conditions for treatment of classified information or documents and other information covered by the obligation of professional secrecy.
               The institutions or bodies concerned shall give access to documents originating in a Member State and classed as secret by law or regulation only where that Member State has given its prior agreement.
               They shall give access to other documents originating in a Member State after having informed the Member State concerned.
               In both cases, in accordance with Article 4, the Ombudsman may not divulge the content of such documents.
               Officials and other servants of Community institutions and bodies must testify at the request of the Ombudsman; they shall continue to be bound by the relevant rules of the Staff Regulations, notably their duty of professional secrecy.’;

               5.

               Article 4 shall be replaced by the following:
               ‘Article 4
               1.   The Ombudsman and his staff, to whom Article 287 of the Treaty establishing the European Community and Article 194 of the Treaty establishing the European Atomic Energy Community shall apply, shall be required not to divulge information or documents which they obtain in the course of their inquiries. They shall, in particular, be required not to divulge any classified information or any document supplied to the Ombudsman, in particular sensitive documents within the meaning of Article 9 of Regulation (EC) No 1049/2001, or documents falling within the scope of Community legislation regarding the protection of personal data, as well as any information which could harm the person lodging the complaint or any other person involved, without prejudice to paragraph 2.
               2.   If, in the course of inquiries, he learns of facts which he considers might relate to criminal law, the Ombudsman shall immediately notify the competent national authorities via the Permanent Representations of the Member States to the European Communities and, insofar as the case falls within its powers, the competent Community institution, body or service in charge of combating fraud; if appropriate, the Ombudsman shall also notify the Community institution or body with authority over the official or servant concerned, which may apply the second paragraph of Article 18 of the Protocol on the Privileges and Immunities of the European Communities. The Ombudsman may also inform the Community institution or body concerned of the facts calling into question the conduct of a member of their staff from a disciplinary point of view.’;

               6.

               the following Article 4a shall be inserted:
               ‘Article 4a
               The Ombudsman and his staff shall deal with requests for public access to documents, other than those referred to in Article 4(1), in accordance with the conditions and limits provided for in Regulation (EC) No 1049/2001.’;

               7.

               Article 5 shall be replaced by the following:
               ‘Article 5
               1.   Insofar as it may help to make his enquiries more efficient and better safeguard the rights and interests of persons who make complaints to him, the Ombudsman may cooperate with authorities of the same type in certain Member States provided he complies with the national law applicable. The Ombudsman may not by this means demand to see documents to which he would not have access under Article 3.
               2.   Within the scope of his functions as laid down in Article 195 of the Treaty establishing the European Community and Article 107d of the Treaty establishing the European Atomic Energy Community and avoiding any duplication with the activities of the other institutions or bodies, the Ombudsman may, under the same conditions, cooperate with institutions and bodies of Member States in charge of the promotion and protection of fundamental rights.’.

         Article 2
   This decision shall be published in the Official Journal of the European Union.
   Article 3
   This decision shall enter into force 14 days after its publication in the Official Journal of the European Union.

      Done at Strasbourg, 18 June 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

      (1)  Not yet published in the Official Journal.

      (2)  Not yet published in the Official Journal.

      (3)  Decision of the Council of 12 June 2008.

      (4)  OJ L 113, 4.5.1994, p. 15.

      (5)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).’;


title: 2004/681/EC: Council Decision of 24 September 2004 amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement

text:
               8.10.2004

               EN

               Official Journal of the European Union

               L 311/30

      COUNCIL DECISION

   of 24 September 2004
   amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement
   (2004/681/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) (the ACP-EC Partnership Agreement), and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (2), and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On the basis of Decision 2001/131/EC (3), the provision of financial aid to Haiti is partially suspended as ‘appropriate measures’ pursuant to Article 96(2)(c) of the ACP-EC Partnership Agreement.

               (2)

               Decision 2003/916/EC expires on 31 December 2004 and requires a review of the measures within six months.

               (3)

               On 12 May 2004 discussions have taken place between the Commission and the Interim Prime Minister of Haiti to take stock of the political agenda of the Interim Government in relation to the restoration of full democratic and constitutional rule, including the election timetable, with due respect for human rights and fundamental freedom.

               (4)

               By letter of 25 May 2004, the Interim Prime Minister of Haiti confirmed the specific commitments of the Haitian Interim Government to comply with the essential elements of Article 9 of the ACP-EC Partnership Agreement, particularly as regards the human rights situation, democratic principles and the rule of law in view of the return of the country to full constitutional and democratic rule,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2001/131/EC is hereby amended as follows:

               1.

               In the second and third paragraphs of Article 3, the date of 31 December 2004 shall be replaced by ‘31 December 2005’.

               2.

               The Annex shall be replaced by the text appearing in the Annex to this Decision.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 24 September 2004.

            For the Council

            The President

         L. J. BRINKHORST

      (1)  OJ L 317, 15.12.2000, p. 3. Agreement as amended by Decision No 1/2003 (OJ L 141, 7.6.2003, p. 25).

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

      (3)  OJ L 48, 17.2.2001, p. 31. Decision as last amended by Decision 2003/916/EC (OJ L 345, 31.12.2003, p. 156).

      ANNEX

            ‘ANNEX
            Dear Sir,
            The European Union attaches great importance to the provisions of Article 9 of the ACP-EC Partnership Agreement. The ACP-EC Partnership is founded on respect for human rights, democratic principles and the rule of law. These are essential elements of the above Agreement and thus form the basis for relations between us.
            In this respect, the European Union has followed closely the recent transition in Haiti, especially as regards the designation of the new Interim Government of Haiti, which was sworn in on 17 March 2004 following an extensive consultation process based on the CARICOM/OAS plan.
            On 12 May 2004, discussions took place in Brussels between you and the Commission of the European Communities with a view to examining the political agenda of the Interim Government in relation to the restoration of democratic and constitutional rule. The European Union took note of your commitments particularly as regards the improvements of the human rights situation, the establishment of democratic principles including the holding of free and fair elections, the rule of law and good governance, as stated in your letter of 25 May 2004 to the Commission. Those commitments should lead in due course to greater political stability in Haiti. The European Union strongly urges the Interim Government to translate these commitments rapidly into concrete actions to ensure that the democratisation process becomes an integral part of the Haitian political, economic and social life, thereby ensuring compliance with Article 9 of the ACP-EC Partnership Agreement.
            In the light of these elements, the Council of the European Union reviewed its decision of 22 December 2003 and decided to review the appropriate measures referred to in Article 96(2)(c) of the ACP-EC Partnership Agreement as follows:

                        1.

                        the redirection of the remaining funds under the eighth European Development Fund (EDF) to programmes that are of direct benefit to the Haitian people, to strengthen civil society and the private sector, and to support democratisation, the strengthening of the rule of law and the electoral process, will be continued and can also include actions determined as short and medium term priorities in the Interim Cooperation Framework (ICF) established in close cooperation between the Interim Government, civil society and major donors, particularly institutional support;

                        2.

                        the allocation of resources under the ninth EDF will be notified upon publication of this Decision in the Official Journal of the European Union;

                        3.

                        discussions on the programming of the ninth EDF resources will start immediately with the National Authorising Officer in view of the preparation of the Country Strategy Paper (CSP) and the National Indicative Programme (NIP). The strategy will take account of the results of the ICF;

                        4.

                        B-envelope could be used in advance of the signature of the 9th EDF CSP/NIP, according to real needs;

                        5.

                        the signature of the NIP is foreseen following national elections respecting the OAS Resolution 822 and accepted as free and fair by the competent Haitian institutions and by the International Community. It is noted that national elections are expected by mid-2005 at the latest;

                        6.

                        contribution to regional projects, operations of a humanitarian nature and trade cooperation are not affected.

                  All the above measures shall be reviewed regularly and at least within six months.
            It is essential for the success of the cooperation to ensure a strengthened absorptive capacity for aid, which is currently lacking, through good governance and aid management capacity building measures. The modalities of implementation will be those adapted to the country's capacity for adequate management of public finances.
            The European Union will follow closely further developments in the democratisation process, in particular in relation to the achievement of the commitments of the Interim Government and the steps towards local, national and presidential elections. The Union reiterates its readiness to continue enhanced political dialogue with the Haitian Interim Government under Article 8 of the ACP-EC Partnership Agreement.
            Please accept, Sir, the assurance of our highest consideration.

                  For the Commission

                  For the Council

                  The President’


title: 2013/581/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Insurance and Occupational Pensions Authority for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/247

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European Insurance and Occupational Pensions Authority for the financial year 2011
   (2013/581/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Insurance and Occupational Pensions Authority for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Insurance and Occupational Pensions Authority for the financial year 2011, together with the Authority’s replies (1),

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (4), and in particular Article 64 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Economic and Monetary Affairs (A7-0114/2013),

               1.

               Approves the closure of the accounts of the European Insurance and Occupational Pensions Authority for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Insurance and Occupational Pensions Authority, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 104.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 331, 15.12.2010, p. 48.

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


title: 2010/308/: Council Decision of 11 March 2010 concerning the position of the European Union regarding draft Decision 1/2003 and draft Recommendation 1/2003 of the Joint Committee set up under the Interbus Agreement on the international occasional carriage of passengers by coach and bus  (Text with EEA relevance)

text:
               4.6.2010

               EN

               Official Journal of the European Union

               L 138/11

         COUNCIL DECISION
   of 11 March 2010
   concerning the position of the European Union regarding draft Decision 1/2003 and draft Recommendation 1/2003 of the Joint Committee set up under the Interbus Agreement on the international occasional carriage of passengers by coach and bus
   (Text with EEA relevance)
   (2010/308/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2002/917/EC of 3 October 2002 on the conclusion of the Interbus Agreement on the international occasional carriage of passengers by coach and bus (1), and in particular Article 3(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Interbus Agreement on the international occasional carriage of passengers by coach and bus (hereinafter referred to as ‘the Agreement’) entered into force on 1 January 2003.

               (2)

               Article 23 of the Agreement establishes a Joint Committee responsible for the management of the Agreement.

               (3)

               Pursuant to Article 23(3) of the Agreement, the Joint Committee is required to establish its rules of procedure.

               (4)

               The Joint Committee is responsible, in accordance with Article 24(2)(c) of the Agreement, for adapting Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators and Annex 2 to the Agreement concerning the technical standards applying to buses and coaches. Furthermore, the Joint Committee is responsible, in accordance with Article 24(2)(e) of the Agreement, for adapting the requirements concerning the social provisions referred to in Article 8 of the Agreement in order to incorporate the new measures taken in the Union.

               (5)

               In accordance with Article 24(1) of the Agreement, the Joint Committee is to ensure the proper implementation of the Agreement. To this end, a recommendation should be made advocating the use of a technical report for coaches and buses with a view to facilitating the monitoring of the provisions of Articles 1 and 2 of Annex 2 to the Agreement.

               (6)

               The Union is required to adopt a position on the draft Decision and draft Recommendation of the Joint Committee,

         HAS ADOPTED THIS DECISION:
   Sole Article
   The position of the Union within the Joint Committee set up under Article 23 of the Interbus Agreement on the international occasional carriage of passengers by coach and bus shall be based on the attached draft Decision and draft Recommendation.

      Done at Brussels, 11 March 2010.

            For the Council

            The President

         J. BLANCO

      (1)  OJ L 321, 26.11.2002, p. 11.
   Draft Decision No 1/2003 of the Joint Committee established under the Interbus Agreement on the international occasional carriage of passengers by coach and bus
   of …
   adopting its rules of procedure and adapting Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators, Annex 2 to the Agreement concerning the technical standards applying to buses and coaches and the requirements concerning the social provisions referred to in Article 8 of the Agreement
   THE JOINT COMMITTEE,
   Having regard to the Interbus Agreement on the international occasional carriage of passengers by coach and bus (1), and in particular Articles 23 and 24 thereof,
   Whereas:

               (1)

               Pursuant to Article 23(3) of the Interbus Agreement on the international occasional carriage of passengers by coach and bus (hereinafter referred to as ‘the Agreement’), the Joint Committee is required to establish its rules of procedure.

               (2)

               The Joint Committee is responsible, in accordance with Article 24(2)(c) of the Agreement, for adapting Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators and Annex 2 to the Agreement concerning the technical standards applying to buses and coaches. Furthermore, the Joint Committee is responsible, in accordance with Article 24(2)(e) of the Agreement, for adapting the requirements concerning the social provisions referred to in Article 8 of the Agreement in order to incorporate the new measures taken in the Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The rules of procedure of the Joint Committee as set out in Annex I to this Decision are hereby adopted.
   Article 2
   Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators, Annex 2 to the Agreement concerning the technical standards applying to buses and coaches and the requirements concerning the social provisions referred to in Article 8 of the Agreement are hereby adapted as set out in Annex II to this Decision.

      Done at Brussels, …

            The Chairman

            The Secretary

      (1)  OJ L 321, 26.11.2002, p. 13.
   ANNEX I

      Rules of procedure of the Joint Committee established under the Interbus Agreement on the international occasional carriage of passengers by coach and bus

   Article 1
   Name of Joint Committee
   The Joint Committee established under Article 23 of the Interbus Agreement on the international occasional carriage of passengers by coach and bus shall hereinafter be referred to as ‘the Committee’.
   Article 2
   Chairmanship
   1.   The Committee shall be chaired by a representative of the European Commission (hereinafter referred to as ‘the Commission’), on behalf of the European Union.
   2.   The head of the Union delegation, or where necessary his deputy, shall carry out the duties of the Chairman of the Committee.
   3.   The Chairman shall direct the work of the Committee.
   Article 3
   Delegations
   1.   The parties for which the Agreement has entered into force (hereinafter referred to as ‘the parties’) shall appoint their representatives on the Committee. The Union delegation shall be made up of representatives of the Commission, assisted by representatives of the Member States.
   2.   Each party shall appoint the head and, where necessary, deputy head of its delegation.
   3.   Each party may appoint new representatives on the Committee. The Secretary of the Committee shall be informed forthwith in writing of any such changes.
   4.   Representatives of the General Secretariat of the Council of the European Union may take part as observers in the meetings of the Committee. The Chairman, with the agreement of the other heads of delegation, may invite persons who are not members of delegations to attend a meeting of the Committee in order to provide information on specific subjects.
   5.   At least one week before the meeting, the parties shall notify the Secretary of the Committee of the composition of their delegation.
   Article 4
   Secretariat
   1.   A representative of the Commission shall provide the secretariat for the Committee. The Secretary shall be appointed by the Chairman of the Committee and shall carry out his duties until a new Secretary is appointed. The Chairman shall notify the name and details of the Secretary to the other parties.
   2.   The Secretary shall be responsible for communication between the delegations, including the transmission of documents, and shall supervise secretarial duties.
   Article 5
   Meetings of the Committee
   1.   The Committee shall meet at the request of at least one party. It shall be convened by the Chairman.
   2.   The Chairman shall send the notice of the meeting, together with the draft agenda and the meeting documents, to the heads of the other delegations at least 15 working days before the beginning of the meeting.
   3.   A party may request the Chairman to shorten the periods of notice referred to in paragraph 2 to take account of the urgency of a particular matter.
   4.   Unless otherwise decided by the heads of delegations, the meetings of the Committee shall not be public.
   5.   The Committee shall meet in Brussels, unless the parties agree to meet elsewhere.
   Article 6
   Agenda
   1.   The Chairman, assisted by the Secretary, shall draw up the draft agenda for each meeting and shall fix the date and venue of the meeting after consulting the heads of the other delegations. The Chairman shall send the provisional agenda to the other heads of delegation at least 15 working days before the beginning of the meeting. The agenda shall be accompanied by all the necessary working documents.
   2.   The period of notice laid down in paragraph 1 shall not apply to urgent meetings convened in accordance with Article 5(3).
   3.   Each party may propose one or more items to be added to the provisional agenda at the latest 24 hours before the beginning of the meeting. Requests to have items added to the agenda shall be sent in writing to the Chairman, indicating the reason therefore.
   4.   At the beginning of the meeting, the Committee shall adopt the agenda. The Committee may decide to add to the agenda an item which is not contained in the provisional agenda.
   Article 7
   Adoption of acts
   1.   The decisions of the Committee shall be adopted by unanimous vote of the parties represented, in accordance with Article 23(5) and (6) of the Agreement. The recommendations, and in particular those referred to in Article 24(2)(g) of the Agreement, shall be taken by consensus between the delegations of the parties represented. The decisions and recommendations shall bear the title ‘Decision’ or ‘Recommendation’ followed by a serial number, the date of their adoption and an indication of their content.
   2.   The decisions and recommendations of the Committee shall bear the signature of the Chairman and the Secretary. They shall be sent by the Secretary to the other heads of delegation.
   3.   Each party may decide to publish any act adopted by the Committee.
   4.   The acts of the Committee may be adopted by written procedure where this has been agreed by the heads of delegation. The Chairman shall submit the draft act to the other heads of delegation who shall indicate in reply whether or not they accept the draft, whether they propose amendments to the draft or whether they require more time to consider it. If the draft is adopted, the Chairman shall finalise the decision or recommendation in accordance with paragraphs 1 and 2.
   5.   The recommendations and decisions shall be drawn up in English, French and German, these texts being authentic. Each party shall be responsible for the correct translation of recommendations and decisions into its official language or languages. Translation into other Union languages shall be carried out by the Commission.
   Article 8
   Minutes
   1.   The Secretary shall draw up, under the responsibility of the Chairman, draft minutes of each meeting of the Committee within 15 working days following the meeting.
   2.   The minutes shall, as a general rule, indicate in respect of each item on the agenda:

               —

               details of the documents submitted to the Committee,

               —

               statements which a party has asked to be recorded,

               —

               the decisions taken, recommendations made and conclusions adopted,

         3.   The draft minutes shall be submitted to the Committee for approval in accordance with the written procedure referred to in Article 7(4). If this procedure is not completed, the minutes shall be adopted by the Committee at its next meeting.
   4.   Once adopted by the Committee, the minutes shall be signed by the Chairman and the Secretary and kept by the Secretary. A copy shall be sent by the Secretary to the other heads of delegation.
   Article 9
   Confidentiality
   Notwithstanding the provision on the publication of acts laid down in Article 7(3), the deliberations of the meetings and the documents of the Committee shall be governed by professional secrecy.
   Article 10
   Expenses
   1.   Each party shall bear the expenses it incurs in taking part in the meetings of the Committee.
   2.   The Committee shall decide on the reimbursement of expenses connected with missions assigned to persons called in by the Chairman in accordance with Article 3(4).
   Article 11
   Correspondence
   All correspondence with or from the Chairman of the Committee shall be sent to the Secretary of the Committee. The Secretary shall send a copy of all correspondence relating to the Agreement to all delegations.
   Article 12
   Languages
   The languages used in meetings of the Committee and in documents shall be decided by the Committee. There shall be no obligation on the party hosting the meeting to provide interpretation for other languages.
   ANNEX II

      Adaptation of Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators, of Annex 2 to the Agreement concerning the technical standards applying to buses and coaches and of the requirements concerning the social provisions referred to in Article 8 of the Agreement
       (1)

   1.   Adaptation of Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators
   The following Union act is added to Annex 1 to the Agreement:

      ‘Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51)’.

   2.   Adaptation of Annex 2 to the Agreement concerning the technical standards applying to buses and coaches

               1.

               In Article 1 of Annex 2 to the Agreement, points (a), (b), (c) and (d) are replaced by the following:

                           ‘(a)

                           Roadworthiness tests for motor vehicles and their trailers:

                                       —

                                       Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (recast) (OJ L 141, 6.6.2009, p. 12),

                                       —

                                       Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (OJ L 203, 10.8.2000, p. 1) as amended by Commission Directive 2003/26/EC of 3 April 2003 (OJ L 90, 8.4.2003, p. 37);

                           (b)

                           Speed limitation devices:

                                       —

                                       Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ L 57, 2.3.1992, p. 27) as last amended by Directive 2002/85/EC of the European Parliament and of the Council of 5 November 2002 amending Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ L 327, 4.12.2002, p. 8);

                           (c)

                           Maximum dimensions and maximum weights:

                                       —

                                       Council Directive 96/53/EC of 25 July1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59) as last amended by Directive 2002/7/EC of the European Parliament and of the Council of 18 February 2002 amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 67, 9.3.2002, p. 47),

                                       —

                                       Directive 97/27/EC of the European Parliament and of the Council of 22 July 1997 relating to the masses and dimensions of certain categories of motor vehicles and their trailers and amending Directive 70/156/EEC (OJ L 233, 25.8.1997, p. 1) as amended by Commission Directive 2003/19/EC of 21 March 2003 (OJ L 79, 26.3.2003, p. 6);

                           (d)

                           Recording equipment in road transport:

                                       —

                                       Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 31.12.1985, p. 8) as last amended by Commission Regulation (EU) No 1266/2009 of 16 December 2009 adapting for the tenth time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport (OJ L 339, 22.12.2009, p. 3) or equivalent rules established by the AETR Agreement including its Protocols.’.

               2.

               Article 2 of Annex 2 to the Agreement is amended as follows:

                           (a)

                           the following text is inserted after the first paragraph and before the table:

                                       ‘Exhaust emissions:

                                                   —

                                                   Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (OJ L 36, 9.2.1988, p. 33) as last amended by Commission Directive 2001/27/EC of 10 April 2001 adapting to technical progress Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (OJ L 107, 18.4.2001, p. 10),

                                                   —

                                                   Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (OJ L 275, 20.10.2005, p. 1) as last amended by Commission Directive 2008/74/EC of 18 July 2008 (OJ L 192, 19.7.2008, p. 51),

                                                   —

                                                   Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (EURO VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1);

                                       Smoke:

                                                   —

                                                   Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (OJ L 190, 20.8.1972, p. 1) as last amended by Commission Directive 2005/21/EC of 7 March 2005 (OJ L 61, 8.3.2005, p. 25);

                                       Noise emissions:

                                                   —

                                                   Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (OJ L 42, 23.2.1970, p. 16) as last amended by Commission Directive 2007/34/EC of 14 June 2007 (OJ L 155, 15.6.2007, p. 49);

                                       Braking devices:

                                                   —

                                                   Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and of their trailers (OJ L 202, 6.9.1971, p. 37) as last amended by Commission Directive 2002/78/EC of 1 October 2002 adapting to technical progress Council Directive 71/320/EEC on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers (OJ L 267, 4.10.2002, p. 23);

                                       Tyres:

                                                   —

                                                   Council Directive 92/23/EEC of 31 March 1992 relating to tyres for motor vehicles and their trailers and to their fitting (OJ L 129, 14.5.1992, p. 95) as last amended by Commission Directive 2005/11/EC of 16 February 2005 (OJ L 46, 17.2.2005, p. 42),

                                       Lighting and light-signalling devices:

                                                   —

                                                   Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (OJ L 262, 27.9.1976, p. 1) as last amended by Commission Directive 2008/89/EC of 24 September 2008 amending, for the purposes of its adaptation to technical progress, Council Directive 76/756/EEC concerning the installation of lighting and light-signalling devices on motor vehicles and their trailers (OJ L 257, 25.9.2008, p. 14);

                                       Fuel tank:

                                                   —

                                                   Council Directive 70/221/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to liquid fuel tanks and rear protective devices for motor vehicles and their trailers (OJ L 76, 6.4.1970, p. 23) as last amended by Commission Directive 2006/20/EC of 17 February 2006 (OJ L 48, 18.2.2006, p. 16);

                                       Rear-view mirrors:

                                                   —

                                                   Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 on the approximation of the law of the Member States relating to the type-approval of devices for indirect vision and of vehicles equipped with these devices, amending Directive 70/156/EEC and repealing Directive 71/127/EEC (OJ L 25, 29.1.2004, p. 1) as last amended by Commission Directive 2005/27/EC of 29 March 2005 (OJ L 81, 30.3.2005, p. 44);

                                       Safety belts – Installation:

                                                   —

                                                   Council Directive 77/541/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (OJ L 220, 29.8.1977, p. 95) as last amended by Directive 2005/40/EC of the European Parliament and of the Council of 7 September 2005 (OJ L 255, 30.9.2005, p. 146);

                                       Safety belts – Anchorages for safety belts:

                                                   —

                                                   Council Directive 76/115/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts (OJ L 24, 30.1.1976, p. 6) as last amended by Directive 2005/41/EC of the European Parliament and of the Council of 7 September 2005 (OJ L 255, 30.9.2005, p. 149);

                                       Seats:

                                                   —

                                                   Council Directive 74/408/EEC of 22 July 1974 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (strength of seats and of their anchorages) (OJ L 221, 12.8.1974, p. 1) as last amended by Directive 2005/39/EC of the European Parliament and of the Council of 7 September 2005 (OJ L 255, 30.9.2005, p. 143);

                                       Interior construction (prevention of the risk of fire spreading):

                                                   —

                                                   Directive 95/28/EC of the European Parliament and of the Council of 24 October 1995 relating to the burning behaviour of materials used in the interior construction of certain categories of motor vehicle (OJ L 281, 23.11.1995, p. 1),

                                       Interior arrangement (Emergency exits, accessibility, seating dimension, superstructure resistance, etc.):

                                                   —

                                                   Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver’s seat, and amending Directives 70/156/EEC and 97/27/EC (OJ L 42, 13.2.2002, p. 1).’

                           (b)

                           the table is replaced by the following table:

                                       ‘Heading

                                       UN-ECE Regulation/last series of amendments

                                       Union act (original-latest)

                                       Exhaust emissions

                                       49/01
                                       49/02, type approval A
                                       49/02, type approval B

                                       Directive 88/77/EEC
                                       Directive 2001/27/EC
                                       Directive 2005/55/EC
                                       Directive 2008/74/EC
                                       Regulation (EC) No 595/2009

                                       Smoke

                                       24/03

                                       Directive 72/306/EEC
                                       Directive 2005/21/EC

                                       Noise emissions

                                       51/02

                                       Directive 70/157/EEC
                                       Directive 2007/34/EC

                                       Braking devices

                                       13/11

                                       Directive 71/320/EEC
                                       Directive 2002/78/EC

                                       Tyres

                                       54

                                       Directive 92/23/EEC
                                       Directive 2005/11/EC

                                       Lighting and light-signalling devices

                                       48/01

                                       Directive 76/756/EEC
                                       Directive 2008/89/EC

                                       Fuel tank

                                       34/02
                                       67/01
                                       110

                                       Directive 70/221/EEC
                                       Directive 2006/20/EC

                                       Rear-view mirrors

                                       46/01

                                       Directive 2003/97/EC
                                       Directive 2005/27/EC

                                       Safety belts – Installation

                                       16/06

                                       Directive 77/541/EEC
                                       Directive 2005/40/EC

                                       Safety belts – Anchorages

                                       14/07

                                       Directive 76/115/EEC
                                       Directive 2005/41/EC

                                       Seats

                                       17/08
                                       80/01

                                       Directive 74/408/EEC
                                       Directive 2005/39/EC

                                       Interior construction (prevention of the risk of fire spreading)

                                       118

                                       Directive 95/28/EC

                                       Interior arrangement (emergency exits, accessibility, seating dimension)

                                       107.02

                                       Directive 2001/85/EC

                                       Roll-over protection

                                       66.01

                                       Directive 2001/85/EC’

         3.   Adaptation of the requirements concerning the social provisions referred to in Article 8 of the Agreement

               1.

               Following the inclusion of Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (OJ L 203, 10.8.2000, p. 1), Article 8 of Annex 2 to the Agreement, Annex IIa to the Agreement and Annex IIb to the Agreement are deleted.

               2.

               The Union acts listed in Article 8 of the Agreement are replaced by the following Union acts: (2)

                           ‘—

                           Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1) as last amended by Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88),

                           —

                           Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 31.12.1985, p. 8) as last amended by Commission Regulation (EU) No 1266/2009 of 16 December 2009 adapting for the tenth time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport (OJ L 339, 22.12.2009, p. 3),

                           —

                           Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35) as last amended by Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities (OJ L 29, 31.1.2009, p. 45),

                           —

                           Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9),

                           —

                           Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35),

                           —

                           Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (OJ L 226, 10.9.2003, p. 4).’

      (1)  The updating of the acts takes account of the new measures adopted by the European Union up to 31 December 2009.

      (2)  The updating of the acts takes account of the new measures adopted by the European Union up to 31 December 2009.
   Draft Recommendation 1/2003/EC of the Joint Committee set up under the Interbus Agreement on the international occasional carriage of passengers by coach and bus
   of …
   concerning the use of a technical report for coaches and buses with a view to facilitating the monitoring of the provisions of Articles 1 and 2 of Annex 2 of the Agreement
   THE JOINT COMMITTEE,
   Having regard to the Interbus Agreement on the international occasional carriage of passengers by coach and bus, and in particular Articles 23 and 24 thereof,
   Whereas:

               (1)

               The Interbus Agreement on the international occasional carriage of passengers by coach and bus (hereinafter referred to as ‘the Agreement’) entered into force on 1 January 2003.

               (2)

               In accordance with Article 24(1) of the Agreement, the Joint Committee shall ensure the proper implementation of the Agreement. To this end, a recommendation should be made advocating the use of a technical report for coaches and buses with a view to facilitating the monitoring of the provisions of Articles 1 and 2 of Annex 2 to the Agreement,

         RECOMMENDS THAT:
   the Contracting Parties to the Agreement other than the Union should use a technical report for coaches and buses in the form set out in Annex to this Recommendation, subject to the requirements set out in Articles 1 and 2 of Annex 2 of the Agreement.

      Done at Brussels,

            The Chairman

            The Secretary

   ANNEX

               Technical report for coaches and buses

               Vehicle make and type

               Registration number and country code

               Date of first registration

               Chassis number

               Union legislation

               UN-ECE Regulation

               Approval number

               Mark/indication on vehicle

               Speed limitation device

               Directive 92/6/EEC as last amended by Directive 2002/85/EC

               —

               Maximum dimensions

               Directive 96/53/EC as last amended by Directive 2002/7/EC Directive 97/27/EC as last amended by Directive 2003/19/EC

               —

               Tachograph

               Regulation (EEC) No 3821/85 as last amended by Regulation (EU) No 1266/2009

               —

               Exhaust emissions

               Directive 88/77/EEC as last amended by Directive 2001/27/EC
               Directive 2005/55/EC as last amended by Directive 2008/74/EC
               Regulation (EC) No 595/2009

               49/01
               49/02, type approval A
               49/02, type approval B

               Smoke

               Directive 72/306/EEC as last amended by Directive 2005/21/EC

               24/03

               Noise emissions

               Directive 70/157/EEC as last amended by Directive 2007/34/EC

               51/02

               Braking devices

               Directive 71/320/EEC as last amended by Directive 2002/78/EC

               13/11

               Tyres

               Directive 92/23/EEC as last amended by Directive 2005/11/EC

               54

               Lighting and light-signalling devices

               Directive 76/756/EEC as last amended by Directive 2008/89/EC

               48/01

               Fuel tank

               Directive 70/221/EEC as last amended by Directive 2006/20/EC

               34/02
               67/01
               110

               Rear-view mirrors

               Directive 2003/97/EC as last amended by Directive 2005/27/EC

               46/01

               Safety belts — Installation

               Directive 77/541/EEC as last amended by Directive 2005/40/EC

               16/06

               Safety belts — Anchorages

               Directive 76/115/EEC as last amended by Directive 2005/41/EC

               14/07

               Seats

               Directive 74/408/EEC as last amended by Directive 2005/39/EC

               17/08
               80/01

               Interior construction (prevention of the risk of fire spreading)

               Directive 95/28/EC

               118

               Interior arrangement (emergency exits, accessibility, seating dimension

               Directive 2001/85/EC

               107.02

               Roll-over protection

               Directive 2001/85/EC

               66.01


title: 2008/634/EC: Decision taken by common agreement between the Representatives of the Governments of Member States of 18 June 2008 on the location of the seat of the European Institute for Innovation and Technology (EIT)

text:
               2.8.2008

               EN

               Official Journal of the European Union

               L 206/16

      DECISION TAKEN BY COMMON AGREEMENT BETWEEN THE REPRESENTATIVES OF THE GOVERNMENTS OF MEMBER STATES

   of 18 June 2008
   on the location of the seat of the European Institute for Innovation and Technology (EIT)
   (2008/634/EC)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,
   Having regard to Article 289 of the Treaty establishing the European Community,
   Whereas:

               (1)

               The establishment of a European Institute for Innovation and Technology was decided by Regulation (EC) No 294/2008 of the European Parliament and of the Council of 11 March 2008 establishing the European Institute for Innovation and Technology (1).

               (2)

               The location of the seat of this Institute should be determined,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The European Institute for Innovation and Technology (EIT) shall have its seat in Budapest.
   Article 2
   This Decision, which will be published in the Official Journal of the European Union, shall take effect on the date of its publication.

      Done at Brussels, 18 June 2008.

            The President

         M. KUCLER DOLINAR

      (1)  OJ L 97, 9.4.2008, p. 1.


title: Council Decision 2010/53/CFSP of 30 November 2009 concerning the conclusion of the Agreement between Australia and the European Union on the security of classified information

text:
               30.1.2010

               EN

               Official Journal of the European Union

               L 26/30

         COUNCIL DECISION 2010/53/CFSP
   of 30 November 2009
   concerning the conclusion of the Agreement between Australia and the European Union on the security of classified information
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               At its meeting on 9 March 2009, the Council decided to authorise the Presidency, assisted by the Secretary-General/High Representative (the SG/HR) and fully associating the Commission, to open negotiations in accordance with Article 24 of the Treaty on European Union with Australia in order to conclude a security of information Agreement.

               (2)

               Following that authorisation to open negotiations, the Presidency, assisted by the SG/HR, negotiated an Agreement with Australia on the security of classified information.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between Australia and the European Union on the security of classified information is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

    ---documentbreak---

               30.1.2010

               EN

               Official Journal of the European Union

               L 26/31

         AGREEMENT
   between Australia and the European Union on the security of classified information
   AUSTRALIA,
   and
   THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,
   (hereinafter referred to as ‘the Parties’),
   CONSIDERING that the Parties share the objective of strengthening their own security in all ways and to provide their citizens with a high level of safety within an area of security;
   CONSIDERING that the Parties agree that consultations and cooperation should be developed between them on questions of common interest relating to security;
   CONSIDERING that, in this context, a permanent need therefore exists to exchange Classified Information between the Parties;
   RECOGNISING that full and effective consultation and cooperation may require access to Classified Information of Australia and of the EU, as well as the exchange of Classified Information between the Parties;
   CONSCIOUS that such access to and exchange of Classified Information requires appropriate security measures;
   WHEREAS Australia and the EU launched a Partnership Framework on 29 October 2008 in support of a number of common objectives;
   WHEREAS Objective 1 of that Partnership Framework specifically provides for the opening of negotiations for an agreement on the security of classified information,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Scope
   1.   In order to fulfil the objective of strengthening bilateral and multilateral dialogue and cooperation in support of shared foreign security policy and security interests, the present Agreement applies to Classified Information, as defined in Article 2(a), either provided or exchanged between the Parties.
   2.   Each Party shall protect Classified Information received from the other Party, in particular against unauthorised disclosure.
   3.   Each Party shall implement its obligations under this Agreement in accordance with its laws, rules and regulations.
   Article 2
   Definitions
   For the purposes of this Agreement:

               (a)

               ‘Classified Information’ means all information that is subject to a Security Classification (as provided in Article 4) assigned by either Party, and the unauthorised disclosure of which could cause varying degrees of damage or harm to the interests of either Party. The information may be in oral, visual, electronic, magnetic or documentary form, or in the form of material, including equipment or technology and includes reproductions and translations;

               (b)

               ‘The EU’ shall mean the Council of the European Union (hereafter referred to as ‘the Council’), the Secretary-General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereafter referred to as ‘the European Commission’);

               (c)

               ‘Providing Party’ means the Party that provides Classified Information to the other Party;

               (d)

               ‘Receiving Party’ means the Party that receives Classified Information from the Providing Party;

               (e)

               ‘Security Classification’ is the designation assigned to information by the Providing Party to indicate the minimum level of protection that information must be afforded to safeguard it from disclosure that could have adverse consequences for the Providing Party. Each Party’s Security Classifications are as specified in Article 4;

               (f)

               ‘Need-to-know’ means the principle that access to Classified Information should be limited to those who need to use such information in order to perform their official duties;

               (g)

               ‘Third Party’ means any person or entity other than the Parties;

               (h)

               ‘Contractor’ means an individual (other than those engaged by Australia or the EU under a contract of employment) or legal entity possessing the legal capacity to enter into contracts for the provision of goods or services; this term also refers to a subcontractor.

         Article 3
   Level of protection
   Each of the Parties, and entities thereof as defined in Article 2(b), shall ensure that it has a security system and security measures in place, based on the basic principles and minimum standards of security laid down in its respective laws, rules and regulations, and reflected in the security arrangements that shall be established pursuant to Article 12, in order to ensure that an equivalent level of protection is applied to Classified Information exchanged under this Agreement.
   Article 4
   Security Classifications
   1.   Classified Information shall be marked with the following Security Classifications:

               (a)

               for Australia, Classified Information shall be marked TOP SECRET, SECRET or HIGHLY PROTECTED, CONFIDENTIAL or PROTECTED, RESTRICTED or X-IN-CONFIDENCE;

               (b)

               for the EU, Classified Information shall be marked TRES SECRET UE/EU TOP SECRET, SECRET UE, CONFIDENTIEL UE or RESTREINT UE.

         2.   The corresponding Security Classifications are:

               For the European Union

               For Australia

               TRES SECRET UE/EU TOP SECRET

               TOP SECRET

               SECRET UE

               SECRET or HIGHLY PROTECTED

               CONFIDENTIEL UE

               CONFIDENTIAL or PROTECTED

               RESTREINT UE

               RESTRICTED or X-IN-CONFIDENCE

         3.   Prior to providing Classified Information, the Providing Party shall assign a Security Classification to the Classified Information and stamp, mark or designate the Classified Information with the name of the Providing Party.
   4.   The Providing Party may additionally mark such Classified Information to specify any limitations on its use, disclosure, release and access by the Receiving Party. The Receiving Party shall comply with any such limitations.
   Article 5
   Protection of Classified Information
   Each Party shall:

               (a)

               ensure the security of facilities where Classified Information released to it by the other Party is kept, and ensure for each such facility that all necessary measures are taken to control, protect and safeguard Classified Information provided by the other Party under this Agreement;

               (b)

               ensure that Classified Information exchanged under this Agreement keeps the Security Classification marking given to it by the Providing Party and is not downgraded or declassified without the prior written consent of the Providing Party;

               (c)

               afford Classified Information received from the Providing Party a degree of protection at least equivalent to that afforded to its own Classified Information of a corresponding Security Classification as specified in Article 4(2);

               (d)

               not use such Classified Information for purposes other than those established by the Providing Party or those for which the Classified Information is provided;

               (e)

               not disclose such Classified Information to third parties, or to any EU institution or entity not mentioned in Article 2(b), without the prior written consent of the Providing Party;

               (f)

               not allow access to such Classified Information to individuals unless they have a Need-to-know in order to perform their official duties and, where required, have been security-cleared to the appropriate level for access to such Classified Information;

               (g)

               ensure that all individuals having access to such Classified Information are informed of their responsibilities to protect the information in accordance with that Party’s internal laws, rules and regulations; and

               (h)

               ensure that the rights of the originator of Classified Information exchanged under this Agreement, as well as intellectual property rights such as patents, copyrights or trade secrets, are adequately protected.

         Article 6
   Release of Classified Information
   1.   Classified Information may be disclosed or released, in accordance with the principle of originator control, by the Providing Party to the Receiving Party.
   2.   In implementing paragraph 1, no generic release shall be possible unless procedures are agreed between the Parties, pursuant to Article 12, regarding certain categories of Classified Information, relevant to their operational requirements.
   Article 7
   Security Clearances
   1.   Access to Classified Information shall be limited to individuals in Australia and in the EU who:

               (a)

               require access, on a Need-to-know basis, to the Classified Information for the performance of their official duties; and

               (b)

               in case they require access to information classified CONFIDENTIAL, PROTECTED, CONFIDENTIEL UE, or above, have been granted a personnel security clearance at the relevant level or have otherwise been duly authorised by virtue of their functions, in accordance with the relevant laws, rules and regulations.

         2.   The determination by a Party to grant a personnel security clearance to an individual shall be consistent with that Party’s security interests and shall be based upon all available information indicating whether the individual is of unquestionable loyalty, integrity, honesty and trustworthiness.
   3.   Each Party’s personnel security clearances shall be based on an appropriate investigation conducted in sufficient detail to provide assurance that the criteria referred to in paragraph 2 have been met with respect to any individual to whom access to Classified Information is to be granted.
   Article 8
   Security Visits and Procedures
   1.   The Parties shall provide mutual assistance with regard to the security of Classified Information exchanged under this Agreement.
   2.   Reciprocal security consultations and assessment visits shall be periodically conducted by the responsible security authorities referred to in Article 12 to assess the effectiveness of measures taken under this Agreement and the security arrangements to be established pursuant to Article 12 for protecting the Classified Information exchanged between the Parties.
   3.   Each Party shall provide to the other, upon request, information regarding its security standards, procedures and practices for the protection and destruction of Classified Information. Each Party shall inform the other Party in writing of any changes to its security standards, procedures and practices that affect the manner in which Classified Information is protected and destroyed.
   Article 9
   Release of Classified Information to Contractors
   Classified Information received by the Receiving Party may only be provided to a Contractor or prospective Contractor with the prior written consent of the Providing Party. Prior to the disclosure or release to a Contractor or prospective Contractor of any such Classified Information, the Receiving Party shall ensure that:

               (a)

               such Contractors or prospective Contractors, and their personnel requiring access to Classified Information, have a personnel security clearance in accordance with Article 7; and

               (b)

               their facilities are able to protect the Classified Information appropriately.

         Article 10
   Procedures for Exchanging Classified Information
   1.   For the purpose of this Agreement:

               (a)

               as regards the EU, all Classified Information shall be addressed to the Chief Registry Officer of the Council and shall be forwarded by the Chief Registry Officer of the Council to the Member States and to the European Commission, subject to paragraph 3;

               (b)

               as regards Australia, all Classified Information shall be addressed to the registry office of the relevant Australian Government agency or department, via the Australian Embassy and Mission of the Government of Australia to the European Union, Brussels. The address for the relevant Australian Government agency or department shall be listed in the security arrangements established by the Parties pursuant to Article 12.

         2.   Classified Information transmitted by electronic means shall be encrypted in accordance with the Providing Party’s requirements as outlined in its security policies and regulations. The Providing Party’s requirements shall be met when transmitting, receiving, storing and processing Classified Information in internal networks of the Parties.
   3.   Exceptionally, Classified Information from one Party which is accessible to only specific competent officials, organs or services of that Party may, for operational reasons, be addressed and be accessible to only specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the Need-to-know principle. As far as the EU is concerned, this correspondence shall be transmitted through the Chief Registry Officer of the Council, or the Chief Registry Officer of the Secretariat-General of the European Commission when such information is addressed to the European Commission. As far as Australia is concerned, Classified Information shall be addressed pursuant to paragraph 1(b).
   Article 11
   Oversight
   1.   For the EU, the Secretary-General of the Council and the Member of the European Commission responsible for security matters shall oversee the implementation of this Agreement.
   2.   For the Government of Australia, the Minister for Foreign Affairs, the Minister for Defence and the Attorney-General shall oversee the implementation of this Agreement.
   Article 12
   Security arrangements
   1.   In order to implement this Agreement, security arrangements shall be mutually determined in writing between the responsible security authorities designated in paragraphs 2, 3 and 4, in order to lay down the standards for the reciprocal protection of Classified Information under this Agreement.
   2.   The Attorney-General’s Department, acting in the name of the Government of Australia and under its authority, shall develop the security arrangements for the protection and safeguarding of Classified Information provided to Australia under this Agreement.
   3.   The Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary-General of the Council, acting in the name of the Council and under its authority, shall develop the security arrangements for the protection and safeguarding of Classified Information provided to the EU under this Agreement.
   4.   The European Commission Security Directorate, acting under the authority of the Member of the Commission responsible for security matters, shall develop the security arrangements for the protection of Classified Information transmitted under this Agreement within the European Commission and its premises.
   5.   For the EU, the security arrangements mentioned in paragraph 1 shall be subject to approval by the Council Security Committee.
   Article 13
   Loss or compromise
   The Authorities referred to in Article 12 shall establish procedures to be followed:

               (a)

               in the case of proven or suspected loss or compromise of Classified Information provided or exchanged under this Agreement; and

               (b)

               for informing the Providing Party of the results of an investigation and information regarding measures taken to prevent recurrence of loss or compromise to Classified Information provided or exchanged under this Agreement.

         Article 14
   Costs
   Each Party shall bear its own costs incurred in implementing this Agreement.
   Article 15
   Ability to protect
   Before Classified Information is provided or exchanged between the Parties under this Agreement, the Authorities referred to in Article 12 shall agree that the Receiving Party is able to protect and safeguard the information in a way consistent with the security arrangements to be established pursuant to that Article.
   Article 16
   Other agreements
   This Agreement shall not prevent the Parties from concluding other agreements and arrangements relating to the provision or exchange of Classified Information provided that they do not conflict with the provisions of this Agreement.
   Article 17
   Dispute Resolution
   Any differences between Australia and the European Union arising out of the interpretation or application of this Agreement shall be settled solely by negotiation between the Parties.
   Article 18
   Entry into force and amendment
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   Each Party shall notify the other Party of any changes in its laws, rules or regulations that could affect the protection of Classified Information referred to in this Agreement. In such cases, the Parties shall consult with a view to amending this Agreement as necessary in accordance with paragraph 4.
   3.   This Agreement may be reviewed for consideration of possible amendments at the request of either Party.
   4.   Any amendment to this Agreement shall be made in writing only and by common agreement of the Parties. It shall enter into force upon mutual notification as provided in paragraph 1.
   Article 19
   Termination
   1.   Either Party may terminate this Agreement at any time by notification in writing. Termination shall take effect ninety (90) days from the date of the other Party being notified thereof.
   2.   Notwithstanding termination of this Agreement, all Classified Information received by the Parties pursuant to this Agreement shall continue to be protected in accordance with this Agreement. The Parties shall consult immediately on the handling or disposal of such Classified Information.

      IN WITNESS WHEREOF, the undersigned, respectively duly authorised, have signed this Agreement.
      Done at Brussels, 13 January 2010, in two copies, each in the English language.

            For Australia

            For the European Union


title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section V - Court of Auditors

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/78

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section V — Court of Auditors
   (2009/636/EC)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (C6-0419/2008) (2),

               —

               having regard to the Court of Auditors’ annual report to the discharge authority on internal audits carried out in 2007,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2007, together with the audited institutions’ replies (3),

               —

               having regard to the report by the External Auditor on the Court of Auditors’ accounts for the financial year 2007 (4),

               —

               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 (5),

               —

               having regard to Articles 272(10), 274, 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 (6), and in particular Articles 50, 86, 145, 146 and 147 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 (A6-0152/2009),

               1.

               Grants the Secretary-General of the Court of Auditors discharge in respect of the implementation of its budget for the financial year 2007;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 77, 16.3.2007.

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

      (3)  OJ C 286, 10.11.2008, p. 1.

      (4)  OJ C 318, 12.12.2008, p. 1.

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

      (6)  OJ L 248, 16.9.2002, p. 1.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section V — Court of Auditors
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (C6-0419/2008) (2),

               —

               having regard to the Court of Auditors’ annual report to the discharge authority on internal audits carried out in 2007,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2007, together with the audited institutions’ replies (3),

               —

               having regard to the report by the External Auditor on the Court of Auditors’ accounts for the financial year 2007 (4),

               —

               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 (5),

               —

               having regard to Articles 272(10), 274, 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 (6), and in particular Articles 50, 86, 145, 146 and 147 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 (A6-0152/2009),

               1.

               Notes that in 2007 the European Court of Auditors (ECA) had commitment appropriations available amounting to a total of EUR 122 million (2006: EUR 114 million (7)), with a utilisation rate of 90,21 %, below the average of the other institutions (93,82 %);

               2.

               Recalls that, as regards the financial year 2007, the ECA’s accounts were audited by an external firm, PricewaterhouseCoopers (in previous years by KPMG), which reached the following conclusions:

                           (a)

                           in relation to the accuracy of the accounts for the financial year 2007, that ‘[i]n our opinion, these financial statements give a true and fair view of the financial position of the European Court of Auditors as of 31 December 2007, and its financial performance and its cash flows for the year then ended in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 [on the Financial Regulation applicable to the general budget of the European Communities], Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of the said Council Regulation, and the European Court of Auditors’ Accounting Rules’; and

                           (b)

                           in relation to the use of financial resources assigned to the Court and the adequacy of control procedures in place during the financial year 2007, that ‘nothing has come to our attention that causes us to believe that in all material respects and based on (identified) criteria, (a) the resources assigned to the Court have not been used for their intended purposes, and (b) the control procedures in place do not provide the necessary guarantees to ensure the compliance of financial operations with the applicable rules and regulations’;

               3.

               Welcomes the fact that a new integrated system for management and financial control (SAP), in operation since 1 January 2008, has been developed on an interinstitutional basis by the Council, the ECA and the Court of Justice, and thereby represents substantial budget savings and also gains in efficiency for the three institutions involved;

               4.

               Also welcomes the fruitful interinstitutional cooperation with the Court of Justice as regards training;

               5.

               Notes that the 2007 report of the ECA’s Internal Auditor was largely positive, establishing that the K2 building project was effectively managed and that the K2 building was handed over several months ahead of schedule and within the budgetary envelope foreseen; welcomes in this context the fact that most recommendations put forward by the Internal Auditor have been accepted and integrated into corrective action plans;

               6.

               Notes that two new Members joined the ECA in the course of 2007 following the accession of Bulgaria and Romania; notes the fact that the original organising principle of the European audit function — one national from each Member State — has now resulted in an organisation governed by a college of 27 Members; is convinced that this structure has reached its limits and that an in-depth reform and strengthening of the European Union’s external audit arrangements is needed; stresses that the stronger the ECA is, the stronger the discharge authority and the better the scrutiny of the executive; invites, therefore, the Member States to initiate discussions on a reform of the ECA, and to include Parliament in these discussions;

               7.

               Observes that a ‘peer review’ report by an international peer review team was delivered in December 2008; regrets the fact that that report did not address the fundamental question, which is whether the current structure of the Union’s external audit function is adequate;

               8.

               Notes, in relation to declarations of Members’ financial interests, that, in compliance with the ECA’s Code of Conduct, ECA Members communicate a declaration of their financial interests and other assets (including shares, convertible bonds and investment certificates as well as land and real estate, together with their spouses’ professional activities) to the President of the ECA, who keeps them under confidential custody, and that these declarations are not published;

               9.

               Reiterates its call that, as a matter of principle and in the interests of transparency, Members of all institutions should be required to submit a declaration of financial interests, which should be accessible on the Internet via a public register; does not agree that the ECA should wait, as it suggested, until a standardised format, applicable to all EU institutions, is available; proposes the appointment of independent monitoring officers in each institution whose task would be to report annually and publicly on received declarations;

               10.

               Requests the ECA, in this context, to include in its following activity report a chapter giving a detailed account of the follow-up during the year to Parliament’s earlier discharge decisions, including possible explanations for not having followed the recommendations;

               11.

               Notes that, despite amendments to the Financial Regulation, its rules on procurement are still excessively cumbersome for smaller institutions, such as the ECA, especially in relation to tenders for contracts for relatively small amounts; invites the Commission — when carrying out its preliminary work prior to drawing up any future proposals for amendment to the Financial Regulation — to consult extensively with the Secretary-General of the ECA and its administration in order to ensure that their concerns are fully taken into account in the final draft.

      (1)  OJ L 77, 16.3.2007.

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

      (3)  OJ C 286, 10.11.2008, p. 1.

      (4)  OJ C 318, 12.12.2008, p. 1.

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

      (6)  OJ L 248, 16.9.2002, p. 1.

      (7)  2005: EUR 107,5 million.