20.8.2011

Official Journal of the European Union

C 243/3

Euro exchange rates (1)

19 August 2011

(2011/C 243/04)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,4385
JPY	Japanese yen	110,00
DKK	Danish krone	7,4487
GBP	Pound sterling	0,86965
SEK	Swedish krona	9,2204
CHF	Swiss franc	1,1340
ISK	Iceland króna
NOK	Norwegian krone	7,8575
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	24,475
HUF	Hungarian forint	272,15
LTL	Lithuanian litas	3,4528
LVL	Latvian lats	0,7092
PLN	Polish zloty	4,1724
RON	Romanian leu	4,2678
TRY	Turkish lira	2,5700
AUD	Australian dollar	1,3783
CAD	Canadian dollar	1,4189
HKD	Hong Kong dollar	11,2199
NZD	New Zealand dollar	1,7404
SGD	Singapore dollar	1,7394
KRW	South Korean won	1 563,67
ZAR	South African rand	10,3284
CNY	Chinese yuan renminbi	9,2006
HRK	Croatian kuna	7,4800
IDR	Indonesian rupiah	12 320,66
MYR	Malaysian ringgit	4,2889
PHP	Philippine peso	61,374
RUB	Russian rouble	41,9115
THB	Thai baht	42,896
BRL	Brazilian real	2,2928
MXN	Mexican peso	17,6173
INR	Indian rupee	65,8110

(1) Source: reference exchange rate published by the ECB.

20.8.2011

Official Journal of the European Union

C 243/5

COMMISSION IMPLEMENTING DECISION

of 19 August 2011

adopting a work programme for the financing of the activities of the Union on alternatives to surgical castration of pigs

(2011/C 243/06)

THE EUROPEAN COMMISSION,

Having regard to 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 (1), and in particular Article 75 thereof,

Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 90 thereof,

Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (3), and in particular Articles 19, 20, 22 and 23 therof,

Whereas,

(1)	Regulations (EC, Euratom) Nos 1605/2002 and 2342/2002 require that the budgetary commitments of the Union are preceded by a financing decision setting out the essential elements of the particular action involved.

(2)	Decision 2009/470/EC lays down the procedures governing the Union financial contribution towards specific veterinary measures, including information policy for animal health, animal welfare and food safety, as well as technical and scientific measures.

(3)

Boar taint is an offensive odour that may occur when meat from non-castrated male pigs is heated for cooking. Only a small percentage of pigs accumulate high concentrations of androstenone, skatole and indole, the substances responsible for the odour, in their meat when they are sexually mature. While not all consumers are sensitive to boar taint, those consumers who are will reject the pig meat as inedible. As a result, paragraph 1 (p) of Chapter V of Section II of Annex I to Regulation (EC) No 854/2004 of European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (4) provides that meat with a pronounced sexual odour is unfit for human consumption.

(4)

Three main approaches to prevent boar taint in pig meat are currently pursued, namely early slaughter, removal of the testicles (surgical castration), or immunocastration (vaccination to reduce boar taint). Surgical castration of pigs is an animal welfare concern. As a result, Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (5) provides that only veterinarians or trained persons may castrate pigs and that when the pigs are seven days or older an anaesthetic and additional prolonged analgesia is to be used.

(5)

The Opinion of the Scientific Panel on Animal Health and Welfare of the European Food Safety Authority (EFSA) on a request from the Commission related to welfare aspects of the castration of piglets (6), adopted on 12 and 13 July 2004, suggests that surgical castration of pigs at any age is painful.

(6)	Article 13 of the Treaty acknowledges that animals are sentient beings and that full regard is to be paid to their welfare requirements in formulating and implementing, amongst others, the Union's agriculture and internal market policies.

(7)

In the European Declaration on alternatives to surgical castration of pigs (7) of December 2010, major actors of the pig sector committed on a voluntary basis to stop routine surgical castration of male pigs by 1 January 2018, provided that a European partnership on pig castration is set up to develop the necessary actions to achieve this goal.

(8)

The Union should therefore invest in studies on alternatives to the surgical castration of pigs. Hence a work programme should be launched to support technical, scientific and educational measures to identify and introduce alternatives to surgical castration. The work programme should include the development of reference and screening methods for the detection of boar taint in pig meat and studies on consumer acceptance of meat and products obtained from male pigs not surgically castrated.

(9)

The result of those studies may also require reconsideration of relevant Union legislation to ensure a smooth functioning of the internal market. The economic impact of the end of routine surgical castration of pigs by 1 January 2018 should be identified. It is therefore appropriate to conduct a comprehensive analysis of the cost and benefits that relevant measures would have at the different levels of the pig meat production chain.

(10)	A dedicated interactive website should be set up in order to promote education and training of the main interested parties of the pig sector on the actions taken by the Union on alternatives to surgical castration of pigs.

(11)

The Joint Research Centre of the Commission — Institute for Reference Materials and Measurements (JRC-IRMM) in Geel, Belgium, has the necessary scientific and technical expertise to develop and validate reference methods of analysis. Therefore a Union budgetary transfer covered by an administrative agreement should be awarded to the JRC-IRMM for the development of reference methods recognised by the European Union for the detection and measurement of the main compounds responsible for boar taint.

(12)	For the application of this Decision, it is appropriate to define the term ‘substantial change’ within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002.

(13)	The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS DECIDED AS FOLLOWS:

Article 1

The work programme for the activities of the Union on alternatives to surgical castration of pigs, as set out in the Annex (‘the work programme’), is adopted.

Article 2

The maximum contribution for the work programme is set at EUR 1 330 000 and shall be financed from the following line of the general budget of the European Union for 2011:

—	budget line 17 04 02 01: EUR 1 330 000.

These appropriations may cover interest due for late payment.

Article 3

Cumulated changes of the allocations to the actions covered by the work programme not exceeding 10 % of the maximum contribution provided for in Article 2 of this Decision shall not be considered to be substantial within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002, provided that those changes do not significantly affect the nature and objective of the work programme.

Article 4

This Decision constitutes a financing decision in the meaning of Article 75 of the Financial Regulation.

This Decision covers the payment of interest due for late payment pursuant to Article 83 of Regulation (EC, Euratom) No 1605/2002 and Article 106(5) of Regulation (EC, Euratom) No 2342/2002.

Done at Brussels, 19 August 2011.

For the Commission

John DALLI

Member of the Commission

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

(2) OJ L 357, 31.12.2002, p. 1.

(3) OJ L 155, 18.6.2009, p. 30.

(4) OJ L 139, 30.4.2004, p. 206.

(5) OJ L 47, 18.2.2009, p. 5.

(6) EFSA Journal (2004) 91, 1-18.

(7) http://ec.europa.eu/food/animal/welfare/farm/initiatives_en.htm

ANNEX

Work Programme as referred to in Article 1

1.1. Introduction

This programme contains implementing measures for the actions involving expenditure of the Union on the alternatives to surgical castration of pigs.

On the basis of the objectives of Council Decision 2009/470/EC on expenditure in the veterinary field, the distribution of budget and the main actions are the following:

For procurements (implemented in direct centralised management) (1.2):

—

Use of an administrative agreement with the Joint Research Center, Institute for Reference Materials and Measurements, in Geel, Belgium, for the development of reference methods recognised by the European Union for the detection and measurement of the main compounds responsible for boar taint, up to a maximum of EUR 500 000 (1.2.1).

—	One open call for tender for a study on consumer acceptance in the European Union and in third countries of pig meat and meat products obtained from male pigs not surgically castrated, its publication and the dissemination of related information, up to a maximum of EUR 250 000 (1.2.2).

—	One open call for tender for a study on rapid detection methods for boar taint used or being developed at slaughter plants in the European Union up to a maximum of EUR 150 000 (1.2.3).

—	One open call for tender for a study on how to achieve reduction of boar taint compounds by breeding, feeding and management techniques, up to a maximum of EUR 250 000 (1.2.4).

—	Use of a framework contract for a study and economic analysis of the costs and benefits of ending surgical castration of pigs paying special attention to the share of costs within the whole pig meat chain, up to a maximum of EUR 150 000 (1.2.5).

—	Use of a framework contract to develop, host and maintain a dedicated website to the actions of the European Union on alternatives to surgical castration of pigs, up to a maximum of EUR 30 000 (1.2.6).

1.2. Procurements

The global budgetary envelope reserved for the year 2011 for the procurement contracts referred to at 1.2 amounts to EUR 1 330 000.

1.2.1. Development of reference methods recognised by the European Union for the detection and the measurement of the main compounds responsible for boar taint

Legal basis: Articles 22 and 23 of Council Decision 2009/470/EC

Budgetary line: 17 04 02 01

Indicative number and type of contracts envisaged: One administrative agreement with the Joint Research Center, Institute for Reference Materials and Measurements (JRC-IRMM), in Geel, Belgium.

Subject of the contracts envisaged:

—

To develop European Union harmonised reference methods for the detection and measurement of the three main compounds responsible for boar taint (androstenone, skatole, indole) in order to ensure a smooth functioning of the internal market of pig meat obtained from male pigs not surgically castrated;

—	To develop European Union harmonised sampling techniques and preparation of samples for boar taint detection;

—	To link thresholds of European Union harmonised reference methods for detecting boar taint compounds with sensory thresholds;

—	To allow comparability of analytical results between laboratories;

—	To calibrate rapid screening methods for detection of boar taint.

Implementation: Direct centralised management

Indicative timeframe for launching the procurement procedure: September 2011

Indicative amount of the call for tenders: EUR 500 000

Specific contract: Not applicable

1.2.2. Study on consumer acceptance in the European Union and in third countries of pig meat and meat products obtained from male pigs not surgically castrated

Legal basis: Articles 22 and 23 of Council Decision 2009/470/EC

Budgetary line: 17 04 02 01

Indicative number and type of contracts envisaged: One service contract (open call for tender)

Subject of the contracts envisaged:

—	To study consumer acceptance in the European Union and in third countries of pig meat and meat products obtained from male pigs not surgically castrated;

—	To identify and address the differences between the different Member States in consumer acceptance of pig meat and meat products obtained from male pigs not surgically castrated;

—	To identify and address the differences in consumer acceptance of pig meat and meat products obtained from male pigs not surgically castrated in the third countries to which the Union exports pig meat and pig meat products.

Implementation: Direct centralised management

Indicative timeframe for launching the procurement procedure: December 2011

Indicative amount of the call for tenders: EUR 250 000

Specific contract: Not applicable

1.2.3. Study on rapid detection methods for boar taint used or being developed at slaughter plants in the European Union

Legal basis: Articles 22 and 23 of Council Decision 2009/470/EC

Budgetary line: 17 04 02 01

Indicative number and type of contracts envisaged: One service contract (open call for tender)

Subject of the contracts envisaged:

—	To carry out a study on the rapid detection methods for boar taint that are used or being developed in pig slaughter plants in the European Union;

—	To compare the feasibility, results and costs of the different methods used or being developed in pig slaughter plants in the European Union.

Implementation: Direct centralised management

Indicative timeframe for launching the procurement procedure: February 2012

Indicative amount of the call for tenders: EUR 150 000

Specific contract: Not applicable

1.2.4. Study on how to achieve reduction of boar taint compounds by breeding, feeding and management techniques

Legal basis: Articles 22 and 23 of Council Decision 2009/470/EC

Budgetary line: 17 04 02 01

Indicative number and type of contracts envisaged: One service contract (open call for tender)

Subject of the contracts envisaged:

—	One study to identify and quantify how reduction of boar taint compounds can be achieved by changes in breeding, feeding and management techniques.

Implementation: Direct centralised management

Indicative timeframe for launching the procurement procedure: April 2012

Indicative amount of the call for tenders: EUR 250 000

Specific contract: Not applicable

1.2.5. Study and economic analysis of the costs and benefits of ending surgical castration of pigs

Legal basis: Articles 22 and 23 of Council Decision 2009/470/EC

Budgetary line: 17 04 02 01

Indicative number and type of contracts envisaged: One service contract (use of existing framework contract)

Subject of the contracts envisaged:

—	To gather economic data and make economic projections on the costs and benefits (environment, feed, number of piglets) of the end to routine surgical castration of pigs. These shall cover costs and benefits for all actors of the sector from producers to consumers;

—	To identify how these costs and benefits could be shared between all the different actors of the sector

Implementation: Direct centralised management

Indicative timeframe for launching the procurement procedure: June 2012

Indicative amount of the call for tenders: EUR 150 000

Specific contract: Conclusion of one specific service contract under framework contract evaluation, impact assessment and related services, lot 3, Food Chain, contract number No SANCO/2008/01/055

1.2.6. Developing, hosting and maintaining a dedicated website providing education and training to the main interested parties of the pig sector on the actions of the European Union on alternatives to surgical castration of pigs

Legal basis: Articles 19 and 20 of Council Decision 2009/470/EC

Budgetary line: 17 04 02 01

Indicative number and type of contracts envisaged: One service contract (use of existing framework contract)

Subject of the contracts envisaged: The main objectives of the dedicated website would be:

—	To provide updated online information on the activities of the European Union on the alternatives to surgical castration of pigs;

—	To provide a platform for exchange of information and training to the actors of the whole pig meat chain;

—	To produce publications to disseminate the results of the actions of the European Union on alternatives to pig castration.

Implementation: Direct centralised management

Indicative timeframe for launching the procurement procedure: October 2011

Indicative amount of the call for tenders: EUR 30 000

Specific contract: Conclusion of one specific service contract under framework contract reference SANCO/2009/A1/005 Lot 1.

20.8.2011

Official Journal of the European Union

C 243/12

COMMISSION DECISION

of 19 August 2011

establishing the European Research and Innovation Area Board

(2011/0000/)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Treaty establishing the European Atomic Energy Community,

Whereas:

(1)

In order to advise the Commission on the realisation of the European Research Area, taking into account the objectives set out in the Commissions Green Paper ‘The European Research Area: New Perspectives’ (1), the European Research Area Board (ERAB) was set up by Commission Decision 2008/111/EC, Euratom (2).

(2)	Decision 2008/111/EC, Euratom will expire on 29 February 2012.

(3)	Following the Commission Communication ‘Europe 2020: a strategy for smart, sustainable and inclusive growth’ (3), the Council gave its political endorsement on the new strategy on 17 June 2010.

(4)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Europe 2020 Flagship Initiative — Innovation Union (4), adopted by the European Commission on 6 October 2010, brings research and innovation policies into a single framework and is a critical component of the overall Europe 2020 strategy and a contributor to each of its three pillars, namely growth that is smart, sustainable and inclusive.

(5)

In the Commission Communication on Innovation Union Flagship Initiative the Commission announced to expand the remit of the ERAB as set out in its Decision 2008/111/EC, Euratom, to evaluate the Innovation Union on a continuous basis, reflect on new trends and provide recommendations on priorities and actions.

(6)

The European Research and Innovation Area Board (the Board) should support the Commission in its efforts to achieve the objectives specified in Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (5), and in Council Decision 2006/970/Euratom of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) (6), as well as in the subsequent European Union and Euratom framework programmes.

(7)	The Chairperson and the members of the Board shall be proposed to the Commission by an Independent High-Level Identification Committee composed of representatives from business and academia.

(8)	In order to strengthen the Board's capacity and to ensure its continuity, the Commission services may appoint honorary members to the Board, on the basis of the merit and services rendered by members who have completed their terms.

(9)	Rules on disclosure of information by members of the Board should be provided for, without prejudice to the rules on security annexed to the Commission Rules of Procedure, by Decision 2001/844/EC, ECSC, Euratom (7).

(10)

Personal data relating to members of the Board should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).

(11)	It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

HAS ADOPTED THIS DECISION:

Article 1

European Research and Innovation Area Board

The European Research and Innovation Area Board, hereinafter referred to as ‘the Board’, is established with effect from 1 March 2012.

Article 2

Tasks

1. The tasks of the Board shall be the following:

(a)	to advise the European Commission on European Research Area Issues, to provide recommendations on priorities and actions and in particular on how to increase the innovation impact and to evaluate the relevant part of Innovation Union Flagship initiatives on a continuous basis;

(b)	to deliver opinions on the development and realisation of the European Research Area and the Innovation Union at the request of the Commission, or on the Board’s own initiative;

(c)	to provide the Commission with an annual report on the development of the European Research Area and of the Innovation Union;

(d)	to reflect on new trends in the European Research Area and the Innovation Union.

2. The Board shall be regularly informed on relevant developments and actions.

3. The Board's opinions shall be given within the time limit set by the Commission.

Article 3

Consultation

1. The Commission may consult the Board on any matter relating to the realisation of the European Research Area and the Innovation Union.

2. The Chairperson of the Board may advise the Commission to consult the Board on a specific question.

Article 4

Composition — appointment

1. The Board shall comprise 11 members.

2. The Chairperson and the members of the Board shall be appointed by the Commission. The set of criteria to be applied throughout the selection and nomination process of the Board members is the following:

—	prominent research and/or innovation profile, including expertise in non-technological innovation,

—	experience in the design, management and implementation of research and/or innovation policy,

—	advisory experience on a European or international level,

—	balance among research and technology disciplines including persons with specific university-industry experience,

—	geographical balance, taking into account the countries associated to the framework programmes,

—	appropriate gender balance.

3. Applicants deemed suitable for membership but not appointed may be placed on a reserve list, which the Commission may use for replacements.

4. Members are appointed by the Commission in a personal capacity and shall advise the Commission independently of any external influence.

5. Members shall inform the Commission in good time of any conflict of interest which might undermine their objectivity.

6. Members shall be appointed for a four-year term of office and shall remain in office until their term of office ends or they are replaced in accordance with paragraph 7.

7. Members may be replaced for the remainder of their term of office in any of the following cases:

(a)	where the member resigns;

(b)	where the member is no longer capable of contributing effectively to the Board's deliberations;

(c)	where the member does not comply with Article 339 of the TFUE on disclosure of information;

(d)	where, contrary to paragraph 4, the member is not independent of all external influence;

(e)	where, contrary to paragraph 5, the member has failed to inform the Commission in good time of a conflict of interests.

8. The names of the Board's members shall be published on the Register of Commission expert groups and other similar entities (‘the Register’) and on the Internet website of the Directorate-General for Research and Innovation. The names of the members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

Article 5

Honorary members

The Commission services may appoint members who have completed their terms on the Board as honorary members of the Board without voting rights. The status of honorary members is equal to the one of observers. Such appointments are made on the basis of merits and services rendered. Honorary members shall be appointed for up to a four-year term of office.

Article 6

Operation

1. The Board shall elect two Vice-Chairpersons from amongst its members by a simple majority to form collectively with the designated Chairperson the Bureau of the Board.

2. The Bureau shall organise the work of the Board, in cooperation with the Commission.

3. The Board may, with the agreement of the Commission, set up subgroups to examine specific questions under terms of reference established by the Board. Such subgroups shall be dissolved as soon as their mandates are fulfilled.

4. The Commission may ask experts or observers with specific competence on a subject on the agenda to participate in the work of the Board, or in the deliberations or work of a subgroup, if, in the opinion of the Commission, this is necessary or useful.

5. Members of the Board, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (9). Should they fail to respect these obligations, the Commission may take all appropriate measures.

6. The Board and its subgroups usually meet at the Commission premises in accordance with the procedures and schedule established by the Board. The Commission shall provide the secretariat.

7. The Commission may provide information and expert support necessary for the work of the Board, allowing it to operate under conditions of autonomy and independence. The expert support is provided through grants or public procurement foreseen in the relevant work programme.

8. Commission representatives shall attend the meetings of the Board and of its subgroups.

9. The Board shall adopt its rules of procedure on the basis of a draft presented by the Commission.

10. The Commission publishes relevant information on the activities carried out by the Board either by including it in the Register or via a link from the Register to a dedicated website.

Article 7

Honoraria and meeting expenses

1. The Board members shall be compensated for the tasks they perform by means of an honorarium for their attendance at Board plenary meetings, reflecting their responsibilities and benchmarked against similar provisions in similar entities and Member States. The amount of honoraria and related implementation rules are set out in Annex to this Decision.

2. Observers and honorary members shall not be remunerated for the services they render.

3. As regards meetings necessary for the conduct of the Board's work other than plenary meetings including those foreseen under Article 6, the Commission, following its prior approval, shall reimburse travel expenses and, where appropriate, subsistence expenses for members and invited experts in connection with the Board’s activities, in accordance with the Commission's rules on the compensation of external experts.

Article 8

Expiry

This Decision shall expire on 29 February 2016.

Done at Brussels, 19 August 2011.

For the Commission

Máire GEOGHEGAN-QUINN

Member of the Commission

(1) COM(2007) 161 final, 4.4.2007.

(2) OJ L 40, 14.2.2008, p. 7.

(3) COM(2010) 2020 final, 3.3.2010.

(4) COM(2010) 546 final, 6.10.2010.

(5) OJ L 412, 30.12.2006, p. 1.

(6) OJ L 400, 30.12.2006, p. 60, as corrected by OJ L 54, 22.2.2007, p. 21.

(7) OJ L 317, 3.12.2001, p. 1.

(8) OJ L 8, 12.1.2001, p. 1.

(9) Commission Decision of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1).

ANNEX

Amount of honoraria and implementation rules for the participation of the European Research and Innovation Area Board members at plenary meetings

Payment of honoraria and remimbursement of meeting expenses (travel and subsistence expenses) for the participation in up to five plenary meetings per year shall be implemented via an ad-hoc appointment-letter foreseen in the work programme implementing Specific Programme Capacities (1) according to the modalities below.

The Board plenary meeting is normally of up to 1,5 days duration.

The honoraria of the Board members shall be EUR 2 000 for full participation at a plenary meeting or EUR 1 000 for partial participation.

The honoraria of the Board Vice-Chairs shall be EUR 3 500 for full participation at a plenary meeting or EUR 1 750 for partial participation.

The honorarium of the Board Chair shall be EUR 5 000 for full participation at a plenary meeting or EUR 2 500 for partial participation.

Payment will be authorised on the basis of an attendance list validated by the Board Chair and the Director General of Directorate-General for Research and Innovation or their duly authorised deputies. The attendance list must indicate whether each member's participation covered the full extent of the meeting (‘full attendance’) or otherwise (‘partial attendance’).

(1) Council Decision 2006/974/EC of 19 December 2006 on the Specific Programme: Capacities implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), OJ L 400, 30.12.2006, p. 299, as corrected by OJ L 54, 22.2.2007, p. 101.

20.8.2011

Official Journal of the European Union

C 243/16

Decision of the High Representative of the Union for Foreign Affairs and Security Policy

of 19 July 2011

on the rules regarding access to documents

(2011/C 243/08)

THE HIGH REPRESENTATIVE,

Having regard to the Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service, in particular Article 11(1) thereof,

HAS ADOPTED THIS DECISION:

Article 1

Scope

1. Any citizen of the Union, or any natural or legal person residing or having its registered office in a Member State, shall have a right of access to EEAS documents according to the principles, conditions and limits laid down in Regulation (EC) No 1049/2001 of the European Parliament and of the Council (1) (‘the Regulation’) and the specific provisions laid down in these rules. This right of access concerns documents held by the EEAS, namely, documents drawn up or received by it and in its possession.

2. Pursuant to Article 2(2) of the Regulation, any natural or legal person not residing, or not having their registered office, in one of the Member States shall, subject to the same principles, conditions and limits, enjoy the same right of access to EEAS documents on the same terms, with the exception of the right to make a complaint to the European Ombudsman.

Article 2

Making an application

1. An application for access to an EEAS document shall be sent by post to Access to Documents Coordinator, CHAR 15/11, European External Action Service, Rue de la Loi 170, 1046 Brussels, Belgium, by e-mail using the application form on the EEAS website, or by fax to +32 22979893.

2. As soon as the application is registered, an acknowledgement of receipt shall be sent to the applicant (unless the application can be answered in substance in the same time frame).

Article 3

Time limits

1. The EEAS shall answer initial and confirmatory applications within 15 working days of the date of registration of the application.

2. If an application is imprecise, as referred to in Article 6(2) of the Regulation, the EEAS shall invite the applicant to provide additional information to make it possible to identify the documents requested; the deadline for reply shall run only from the time when the EEAS has this information.

3. In exceptional cases, as set out in Articles 7(3) or 8(2) of the Regulation, the deadlines may be extended by 15 working days, in particular:

(a)	in the case of complex or bulky applications;

(b)	if a request requires consultation of a Union delegation; or

(c)	if consultation of a third party is required.

The applicant must be informed of any such extension and of the reasons for it.

Article 4

Handling of replies

1. Answers to initial applications shall be handled by the Access to Documents Coordinator.

2. Answers to confirmatory applications shall be decided upon by the Chief Operating Officer, on the advice of the Access to Documents Coordinator.

Article 5

Negative response

If the answer to an application is even partly negative, it shall state the reasons for the refusal based on one of the exceptions set out in the Regulation, and inform the applicant of his right to submit a confirmatory application (in the case of an answer to an initial application) or the other remedies available to him (in the case of an answer to a confirmatory application).

Article 6

Third party documents held by the EEAS

1. Where the EEAS receives an application for a document which it holds, but which originates from a third party, the third party shall be consulted unless it is clear that the document shall or shall not be disclosed, in light of the exceptions set out in the Regulation.

2. The application shall be granted without consultation of the third party if the document has already been made public by its author, or under the Regulation or similar provisions.

3. In any case, the third party must be consulted if the document is covered by Article 9 of the Regulation, or if the document originates from a Member State and the Member State has requested the EEAS not to disclose the document without its prior agreement under Article 4(5) of the Regulation. Such a request by a Member State must be made in writing.

4. The third party shall be consulted in writing (including by e-mail) and be given a reasonable time limit for reply, taking into account the deadlines on the EEAS for its reply, as set out in Article 3 above. The third party shall give its opinion in writing (including by e-mail).

5. In the absence of a reply from the third party within the time limit, or if the third party is unidentifiable or untraceable, the EEAS shall decide on the application in light of the exceptions set out in the Regulation, taking into account the legitimate interests of the third party on the basis of the information at the disposal of the EEAS.

6. If the EEAS intends to give access to a document against the wishes of the third party, it shall inform the third party of its intention to disclose the document within the deadline applicable under the Regulation, and of the remedies available to the third party to oppose disclosure.

Article 7

Consultation of the EEAS

1. Requests for consultation of the EEAS by a Member State or another institution, body, office or agency of the Union which has received an application for a document within its possession but which originates from the EEAS, shall be sent by post to Access to Documents Coordinator, CHAR 15/11, European External Action Service, Rue de la Loi 170, Brussels 1046, Belgium, by e-mail to EEAS-ACCESS-TO-DOCUMENTS@eeas.europa.eu or by fax to +32 22979893.

2. The EEAS shall give its opinion promptly, taking into account any time limit applicable for answer, and at the latest within five working days.

Article 8

Classified documents

1. Where an application for access to a document concerns a document covered by Article 9 of the Regulation or another document classified under the EEAS security rules, it shall be handled by officials entitled to acquaint themselves with the document.

2. Reasons shall be given on the basis of the exceptions listed in Article 4 of the Regulation for any decision refusing access to all or part of a classified document. If the requested document cannot be refused on the basis of those exceptions, the official handling the application shall ensure that the document is declassified before it is sent to the applicant.

Article 9

Modalities of access

1. Documents to which access is to be granted shall be sent by mail, fax, or e-mail. If the documents requested are voluminous or difficult to handle, the applicant may be invited to consult them where they are held. Such consultation shall be free.

2. If the document has been published, an answer may consist of the publication references to it, including the web address where it may be found.

3. If the volume of the document exceeds 20 pages, the applicant may be charged a fee of EUR 0,10 per page, plus carriage costs. The charges for other media shall be decided on a case by case basis, but shall not exceed a reasonable amount.

Article 10

1. The EEAS shall maintain a register of documents, as provided for in Article 11 of the Regulation, accessible via the EEAS website.

2. In line with Article 9 of the Regulation, documents covered by that provision shall be recorded in the register only with the consent of the originator.

Article 11

Effect

This decision shall take effect on the day of its adoption.

Done at Brussels, 19 August 2011.

The High Representative

C. ASHTON

(1) OJ L 145, 31.5.2001, p. 43.

		ISSN 1725-2423 doi:10.3000/17252423.C_2011.243.eng
Official Journal of the European Union		C 243

English edition	Information and Notices	Volume 54 20 August 2011

Notice No	Contents	page
	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2011/C 243/01	Non-opposition to a notified concentration (Case COMP/M.6287 — Bain Capital/Oaktree/International Market Centers JV) ( 1 )	1
2011/C 243/02	Non-opposition to a notified concentration (Case COMP/M.6239 — ONEX/JELD-WEN) ( 1 )	1
2011/C 243/03	Non-opposition to a notified concentration (Case COMP/M.6207 — GESTAMP/TKMF) ( 1 )	2

	V Announcements
	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2011/C 243/09	Prior notification of a concentration (Case COMP/M.6317 — BNP Paribas/Fortis Luxembourg-Vie) — Candidate case for simplified procedure ( 1 )	19
2011/C 243/10	Prior notification of a concentration (Case COMP/M.6301 — Eurazeo/Moncler) — Candidate case for simplified procedure ( 1 )	20
2011/C 243/11	Prior notification of a concentration (Case COMP/M.6185 — Flabeg/Schott/SBPS/JV) — Candidate case for simplified procedure ( 1 )	21

1 January	Tuesday, New Year’s Day
2 January	Wednesday, the day following New Year's Day
28 March	Maundy Thursday
29 March	Good Friday
1 April	Easter Monday
1 May	Wednesday, Labour Day
9 May	Thursday, Anniversary of the Declaration made by President Robert Schuman in 1950 + Ascension Day
10 May	Friday, the day following Ascension Day
20 May	Whit Monday
15 August	Thursday, Assumption Day
1 November	Friday, All Saints' Day
24 December to 31 December	Tuesday 6 end-of-year days Tuesday
TOTAL:	17 days

	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Commission
2011/C 243/04	Euro exchange rates	3
2011/C 243/05	Commission Decision of 19 August 2011 on public holidays for 2013 for the institutions of the European Union	4
2011/C 243/06	Commission Implementing Decision of 19 August 2011 adopting a work programme for the financing of the activities of the Union on alternatives to surgical castration of pigs	5
2011/C 243/07	Commission Decision of 19 August 2011 establishing the European Research and Innovation Area Board	12
	High Representative of the Union for Foreign Affairs and Security Policy
2011/C 243/08	Decision of the High Representative of the Union for Foreign Affairs and Security Policy of 19 July 2011 on the rules regarding access to documents	16


	(1) Text with EEA relevance