ddrg/super_eurlex huggingface dataset:
8.1.94 OfficialJournaloftheEuropeanCommunities NoC6/5
COURTOFAUDITORS
OPINIONNo10/93OFTHECOURTOFAUDITORS OFTHEEUROPEAN
COMMUNITIES
OnaproposalforaCouncil(EC)RegulationamendingRegulation(Euratom,ECSC,EEC)
No549/69determiningthecategoriesoftheofficialsandotheremployeesoftheEuropean
CommunitiestowhomtheprovisionsofArticles12,13,secondparagraph,and14ofthe
ProtocolonthePrivilegesandtheImmunitiesoftheCommunitiesapply
(94/C6/05)
THECOURTOFAUDITORSOFTHEEUROPEAN COMMUNITIES ,
HavingregardtotheTreatyestablishingtheEuropeanCommunity,andmoreparticularly
Article188(c),paragraph4,thereof,
HavingregardtotheprotocolontheprivilegesandimmunitiesoftheEuropeanCommunities
andparticularlyArticles16and23thereof,
HavingregardtotheCommissionproposalof22September1993,
HavingregardtotheCouncil'srequestfortheCourtofAuditorstobeconsulted,whichthe
Courtreceivedon12November1993,
WhereastheCommitteeofGovernorsofthecentralbanksoftheMemberStateshasgivena
favourableopinion;
HASADOPTEDTHEFOLLOWING OPINION :
1.TheproposedamendmentbroadensthefieldofapplicationofCouncilRegulation
(Euratom,ECSC,EEC)No549/69toincludethestaffoftheEuropeanMonetaryInstitute
(EMI),aswellasthebeneficiariesofpensionspaidbytheEMI,
2.InthiswaytheEMIwillbesubjecttothesameprovisionsastheEuropeanInvestmentBank
(EIB).ThisparallelismbetweentheEMIandtheEIB,whichisveryclose,isjustified.The
EMI,justliketheEIB,willnotbeaCommunityinstitutioninthesenseofArticle4ofthe
ECTreatybutaCommunitybody.BoththeEMIandtheEIBwill,however,enjoythe
benefitoftheprivilegesandimmunitiesoftheEuropeanCommunities .
3.TheCourtthusgivesafavourableopiniononthisproposedamendmenttoRegulationNo
549/69.
ThisOpinionwasadoptedbytheCourtofAuditorsinLuxembourgattheCourtmeetingof
25November1993.
FortheCourtofAuditors
AndreJ.MIDDELHOEK
President
OPINION No 3/94 of the Court of Auditors of the European Communities on a proposal for a Council Regulation (EEC, Euratom, ECSC) amending Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the European Communities apply (94/C 290/04)

THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 188c (4) thereof,

Having regard to the Protocol on the Privileges and Immunities of the European Communities and in particular Articles 16 and 23 thereof,

Having regard to the proposal from the Commission of 20 May 1994,

Having regard to the request by the Council for consultation of the Court of Auditors on the proposal, which the Court received on 21 July 1994,

Whereas on 25 May 1994 the Board of Governors of the European Investment Bank established the European Investment Fund (EIF) and adopted its statute;

Whereas the task of the EIF is to assist in the pursuit of Community objectives and it must therefore be accorded enjoyment of such privileges, immunities and facilities as are necessary for the proper functioning of the Communities,

HAS ADOPTED THE FOLLOWING OPINION:

1. The proposal by the Commission that the application of Council Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the European Communities apply, be extended to the staff of the EIF, is justified by the Community nature of that organization.

2. Furthermore, similar provisions have already been adopted successively in respect of the European Investment Bank, the European Central Bank and the European Monetary Institute.

3. As it is appropriate for the members of the decision-taking bodies of the EIF, as well as the staff of the Fund and the recipients of EIF pensions, to benefit from the same privileges, immunities and facilities, the Court gives a favourable opinion on the proposed amendment to Regulation (Euratom, ECSC, EEC) No 549/69, which seeks to extend the scope of the Regulation to include the EIF.

4. With regard to the addition of an Article 4a to Regulation (Euratom, ECSC, EEC) No 549/69, as provided in the Commission proposal, it should be noted that an Article 4a, concerning the European Monetary Institute (EMI), has already been added to the Regulation in question by Council Regulation (Euratom, ECSC, EC) No 3607/93 of 13 December 1993. An Article 4b, referring specifically to the EIF, should, therefore, be added to Regulation (Euratom, ECSC, EEC) No 549/69.

This Opinion was adopted by the Court of Auditors in Luxembourg at the Court meeting of 22 September 1994.

For the Court of Auditors

André J. MIDDELHOEK

President
OPINION No 8/98 on a proposal for a Council Regulation (EC) establishing an agri-monetary system denominated in euro (reference 98/0214), and a proposal for a Council Regulation (EC) relating to transitional measures concerning the introduction of the use of the euro under the common agricultural policy (reference 98/0215) (98/C 368/02)

THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community and in particular Article 188c(4) thereof,

Having regard to Council Regulation (EC) No 974/98 of 3 May 1998 concerning the introduction of the euro (1),

Having regard to the Commission proposals of 10 June 1998 (2),

Having regard to the request dated 7 July 1998 from the Council for consultation of the Court of Auditors concerning the abovementioned proposals, which the Court received on 23 July 1998,

Whereas the introduction of the euro also requires the adaptation of many constituent parts of the Financial and/or Agricultural Regulation, in particular Regulation (EC) No 296/96 (3), as regards the payment of advances, the declaration of expenditure incurred by Member States, etc.,

HAS ADOPTED THIS OPINION:

The Commission's two proposals call for the following observations.

1. The proposed simplification of the present agri-monetary system should allow, as the Court pointed out in its Annual Report for the financial year 1995 (4), greater unification of aid amounts and improved control of agricultural expenditure. Nevertheless, the latter will also depend, eventually, on the level at which aid is set.

2. The absence of proposals concerning the other constituent parts of the Financial and/or Agricultural Regulation, in particular for Regulation (EC) No 296/96, means that the overall cohesion of the system proposed cannot be checked.

3. Proposal 98/0214 contains a provision (Article 8) which offers non-participating Member States the option of paying the beneficiaries, when settling expenditure incurred in respect of agricultural policy measures, in euro. A Member State which opts for this possibility must then take the necessary steps to ensure that in the event of a variation in the external value of its national currency (a devaluation or a revaluation) the recipient does not receive an amount higher than would otherwise have been paid in the national currency (and thus leading to inequality in the treatment of recipients in the various Member States). This provision therefore implies the need for greater complexity in the monitoring and control of such expenditure.

4. The text of these two proposals should be reviewed in the interests of clarity, particularly in view of the Commission's commitment to simplifying the Agricultural Regulation and making it more accessible.

This opinion was adopted by the Court of Auditors in Luxembourg at the Court meeting of 14 and 15 October 1998.

For the Court of Auditors

Bernhard FRIEDMANN

President

(1) OJ L 139, 11.5.1998.

(2) COM(1998)367 final, 98/0214(CNS) and 98/0215(CNS).

(3) OJ L 39, 17.2.1996.

(4) OJ C 340, 12.11.1996, paragraphs 2.19-2.34
Products and services supplied in 2003

Resources available to the Agency

No 2100/94 of 27 July 1994

Competence of the Office as defined in Council Regulation (EC)

Areas of Community competence deriving from the Treaty

Free movement of goods Prohibitions or restrictions justified on grounds of the protection of industrial and commercial property shall not constitute a means of arbitrary discrimination or a disguised restriction on trade between the Member States (Extract from Article 30 of the Treaty)

Objectives To apply the system of Community plant variety rights as the sole and exclusive form of Community industrial property rights for plant varieties

Tasks — To register and examine applications for Community plant variety rights — To decide whether to grant plant variety rights — To ensure that the necessary technical examinations are carried out by the competent offices in the Member States — To charge fees — To verify the proposed variety denominations — To maintain a register of all applications made and all rights granted

1. Administrative Council Composition — One representative of each Member State — One representative of the Commission and their alternates Tasks — To draw up rules governing the working methods of the Office — To act as the budgetary authority — To oversee the work programme and working methods 2. President of the Office Appointed by the Council from a list of candidates proposed by the Commission after obtaining the opinion of the Administrative Council 3. Board of Appeal Decides on appeals against decisions concerning plant variety rights 4. Audit by the Commission The Commission checks the legality of the Office's budget and of those acts by the President whose legality is not checked by another body 5. External audit Court of Auditors 6. Discharge authority Administrative Council

Final budget: 11,1 million euro (10,5 million euro) Community contribution: 0 % (0 %) Staff numbers as at 31 December 2003: Number of posts in establishment plan: 35 (33) Posts occupied: 34 (28) 1 (2) other posts (auxiliary contracts, national experts on secondment, local staff, temporary staff) Total staff: 35(30) Assigned to the following duties: — operational: 13 (10) — administrative: 16 (15) — mixed: 6 (5)
Products and services supplied in 2005

Resources available to the Centre in 2005

Competences of the Centre as defined in Council Regulation (EEC) No 302/93

Areas of Community competence deriving from the Treaty

The Community complements the Member States' action in reducing drugs-related health damage, including information and prevention. (Article 152(1) of the Treaty)

Objectives: to provide the Union and its Member States with reliable information at European level concerning drugs and drug addiction and their consequences. The Monitoring Centre should give priority to analysing: 1. The demand and reduction of the demand for drugs; 2. National and Community strategies and policies; 3. International cooperation and the geopolitics of supply; 4. Control of the trade in narcotics, psychotropic substances and drug precursors; 5. The implications of drug use for producer, consumer and transit countries, including money laundering.

Tasks: — to collect and analyse data, — to make enquiries and carry out preparatory actions, — to ensure that European-level data are more reliable, — to publish reliable information, — to improve coordination between national and Community actions, — to promote the incorporation of drug-related data into international programmes.

1. The Management Board Comprises one representative from each Member State, two representatives of the Commission and two qualified scientists appointed by the European Parliament. It approves the work programme and general annual report and adopts the budget. 2. Director Appointed by the Management Board at the Commission's proposal. 3. Scientific Committee Delivers opinions. It is made up of one representative from each Member State. The Management Board may also appoint a maximum of six other members on the basis of their specific qualifications. 4. External control Court of Auditors 5. Discharge authority European Parliament on the Council's recommendation.

Final budget 12,8 million euro (12,2 million euro). Community contribution: 96 % (96 %). Staff numbers as at 31 December 2005: Number of posts in establishment plan: 77 (77) Posts occupied: 58 (61) +25 (22) other staff (auxiliary contracts, contract staff and temporary replacements) Total staff: 83 (83) Assigned to the following duties: operational: 50,5 (54,5) administrative and IT support: 25 (20) mixed: 7,5 (8,5)
Resources made available to the Agency

Competences of the Agency as defined in Council Regulation (EEC) No 2007/2004 of 26 October 2004

Areas of Community competence deriving from the Treaty

The Community policy in this area aims at developing common standards and procedures with regard to carrying out checks on persons crossing the external borders of the Member States; furthermore measures shall be taken to ensure cooperation between the relevant departments of the administrations of the Member States in the areas covered by this title, as well as between the Member States and the Commission. (Articles 62(2)(a) and 66 of the Treaty)

Objectives Frontex was established with a view to improving the integrated management of the external borders of the Member States of the EU. Frontex shall: (a) Facilitate and render more effective the application of existing and future Community measures relating to the management of external borders. (b) Ensure the coordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the Member States. (c) Provide the Commission and the Member States with the necessary technical support and expertise in the management of the external borders and promote solidarity between Member States.

Main tasks (1) coordinate operational cooperation between Member States in the field of management of external borders; (2) assist Member States on training of national border guards and establish common training standards; (3) carry out risk analysis; (4) follow up on the development of research in control and surveillance; (5) assist Member States in circumstances requiring increased technical and operational assistance; (6) provide Member States with the necessary support in organising joint return operations.

1. Management Board Composed of: — one representative of each Member State; — two representatives of the Commission; — one representative per Schengen associated country (Norway, Iceland) with a limited right to vote. 2. Executive Director Appointed, on a proposal by the Commission, by the Management Board. 3. External audit European Court of Auditors. 4. Discharge Authority Parliament on a recommendation by the Council.

Final Budget for 2006 Total budget: 19,2 million euro Community contribution: 18,9 million euro (98,8 %) Contribution from the UK: 0,2 million euro (1,2 %) Staff figures at 31 December 2006 Number of posts in the Establishment Plan for 2006: 28 Total staff numbers: 72 25 Temporary Agents +47 other agents (seconded national experts, contract staff, auxiliaries) Assigned to the following tasks: — operational: 43 — administrative: 29
Resources made available to Eurojust in 2006

Competences of Eurojust as defined in the Council Decision 2002/187/JAI

Areas of competence deriving from the Treaty on European Union

Third pillar body created by Council Decision. The Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice. The Council encourages cooperation through Eurojust by enabling it to facilitate proper coordination between the Member States' national prosecuting authorities. (extracts from Articles 29 and 31) Eurojust's main areas of responsibility are the same as Europol's, that is, the fight against terrorism, organised crime, in particular drug-trafficking, illegal immigration, illicit vehicle trafficking, trafficking in human beings, the counterfeiting of money, trafficking in radioactive substances, computer crime, acts detrimental to the Union's financial interests and money-laundering.

Objectives Article 3 Eurojust Decision — To stimulate and improve the coordination, between the competent national authorities of the Member States, of investigations and prosecutions. — To improve cooperation, in particular by facilitating the exchange of information, mutual legal assistance and the implementation of extradition requests. — To support the competent authorities of the Member States in order to render their investigations and prosecutions more effective. — To provide support with procedures involving a Member State and a non-member State. — To provide support with procedures involving a Member State and the Community.

Tasks Articles 5, 6 and 7 Eurojust Decision To organise cooperation between the various national legal systems, Eurojust acts: — through its national members; or — as a College. If the competent authorities of the Member State concerned decide not to respond to the requests which Eurojust has issued as a College, they shall inform Eurojust of the reasons for their decision.

1. The College is responsible for the organisation and operation of Eurojust. 2. The College is composed of national members who are seconded by each Member State in accordance with its legal system and who are prosecutors, judges or police officers of equivalent competence. 3. The College elects its President from among the national members. 4. The Joint Supervisory Body checks the processing of personal data 5. The Administrative Director is unanimously appointed by the College. 6. External audit: the European Court of Auditors. 7. Discharge is given by the Parliament on the Council's recommendation.

Final budget 14,7 million euro (13 million euro) Community subsidy: 100 % (100 %) Staff numbers at 31 December 2006 Number of posts in the establishment plan: 112 (87) Posts occupied: 93 (70) +21 (15) other posts: (2 contract staff, 5 seconded national experts, local staff, 14 employment agency staff) Total staff numbers: 114 (85) assigned to the following tasks: operational: 56 (31) administrative: 49 (41) mixed: 9 (13)
Resources made available to the Authority in 2007

The Authority's powers as defined in Council regulation (EC) No 1321/04 and as amended by Council regulation (EC) No 1942/06

Areas of Community competence deriving from the Treaty

Competitivity for growth and employment

Objectives — To manage the public interests relating to the European GNSS programmes; — To be the regulatory authority for the European GNSS programmes.

Tasks — To conclude the concession contract with the private concession holder responsible for implementing and managing the Galileo deployment and operating phases; — To ensure that the concession holder complies with the concession contract; — To ensure the continuity of services in case of default of the concession holder; — To manage the funds allocated to the European GNSS programmes; — To take over the management of the agreement with the economic operator charged with operating EGNOS; — To present a framework on the future policy options concerning EGNOS; — To coordinate Member States' actions in respect of the frequencies necessary to ensure the operation of the system; — To assist the Commission in preparing proposals for the European GNSS programmes; — To modernize the system and develop new generations thereof; — To accomplish budgetary implementation tasks entrusted by the Commission; — To ensure that the components of the system are duly certified; — To manage all aspects relating to the system safety and security; — To take over the completion of the development phase of the Galileo programme; — To carry out all research of benefit to the European GNSS programmes.

1. Administrative Board Composition — one representative per MemberState; — one representative from the Commission. Tasks — Appoints the Director; — Adopts the annual work programme; — Adopts the budget; — Adopts the annual report on the activities and prospects of the Authority. 2. Executive Director Appointed by the Administrative Board. 3. Scientific and Technical Committee Composed of acknowledged experts from Member States and the Commission. 4. System Safety and Security Committee Composed of one representative per MemberState and one representative from the Commission. 5. External audit European Court of Auditors. 6. Discharge authority European Parliament on a recommendation from the Council.

Final budget 210,0 million euro (7,0) of which Community subsidy 4 % (100 %): Staff as of 31 December 2007 46 (39) establishment plan posts, of which filled: 39 (18), +10 (5) other servants (contract agents and seconded national experts and interim staff) Number of staff: 49 (23) of which assuming: — operational tasks: 30 (9) — administrative tasks: 11 (9) — mixed tasks: 8 (5)
24.

The two budget lines which mainly contribute to the carry-over of 2 785 661 EUR of Chapter 2 1 (Data processing, equipment and movable property: purchase, hire and maintenance) are budget item 2 1 0 0 (Purchase, work on and maintenance of equipment and software) with an amount of 766 688 EUR and budget item 2 1 0 2 (External services for the operation, implementation and maintenance of software and systems) with an amount 1 719 418 EUR. The carry-over represents commitments for which legal obligations exist but the invoices were not yet received at the year end (services delivered but not yet invoiced, ongoing projects not yet invoiced and purchase of material not yet delivered and/or invoiced). The carry-over is at a comparable level to that of last year (2 619 659 EUR of which 2 573 646 was paid during 2009).
The Union shall implement a vocational training policy which shall support and supplement the action of the Member States, while fully respecting the responsibility of the Member States for the content and organisation of vocational training. (Article 166(1) of the Treaty on the Functioning of the European Union)

The Centre’s mandate In its capacity as the European Union reference centre for vocational training and education, the Centre provides political decision-makers, researchers and professionals with information aimed at developing a clearer understanding of current trends that will thus enable them to reach more soundly based decisions with a view to future action. The Centre assists the European Commission in promoting and developing vocational training and education at Union level.

Tasks — to compile selected documentation and produce data analysis, — to contribute to research development and coordination, — to utilise and disseminate relevant information, — to encourage and support a concerted approach to matters relating to the development of vocational training, — to provide a forum for a broad and diverse public.

1 — Governing Board Composition For each Member State: — one member representing the Government, — one member representing the employers’ organisations, — one member representing the employees’ organisations and three members representing the European Commission. 2 — Bureau Composition The chairman and the three vice-chairmen of the Governing Board (one from each of the groups), one coordinator per group and one representative of the Commission. 3 — Director Appointed by the Commission from a list of candidates submitted by the Governing Board; is responsible for the management of the Centre and implements the decisions of the Governing Board and the Bureau. 4 — Internal audit Internal Audit Service of the European Commission. 5 — External audit Court of Auditors. 6 — Discharge authority Parliament, acting on a recommendation from the Council.

Budget 18,53 million euro (18,35 million euro) Union contribution (15): 97 % (97 %) Staff at 31 December 2009 Number of posts in establishment plan: 101 (99) Posts occupied: 96 (97) Other staff: contract staff, 26 (25) seconded national experts 7 (6). Total staff: 129 (128) Allocated to operational: 88 administrative: 41 (in 2008: operational: 87 administrative: 41)