Brussels, 9 May 2002
Draft Council Regulation setting up the GALILEO Joint Undertaking - Adoption. "I/A" item note from Secretariat general to COREPER/COUNCIL. Brussels, 7 May 2002 (document 8450/02 2001/0136 (CNS) AVIATION 77 MAR 63 TRANS 124 RECH 79). Full text
1. At its meeting on 26 March 2002, the Council reached a political agreement on the Regulation setting up the GALILEO Joint Undertaking.
It is recalled that the Regulation is based on Article 171 of the EC-Treaty, under which the European Parliament and the Economic and Social Committee have been consulted. Moreover, it is recalled that the Annex to the Regulation contains the Statutes of the Joint Undertaking. With the adoption of this Regulation, in accordance with its Article 2, the Statutes will also be adopted.
After legal and linguistic finalisation of the text in all Community languages, the Regulation as set forth in doc. 7637/02 is now ready to be formally adopted by the Council.
2. Under these circumstances, and subject to confirmation at COREPER level, it is suggested that the Council:
- adopt the Regulation as contained in doc. 7637/02;
- enter in its Minutes the Statements as shown in the Annex to the present document.
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Re: Article 1, fourth section, of the Regulation: Seat of the Joint Undertaking
Joint statement by the Council and by the Commission:
"The Council and the Commission, considering the non-commercial character of the activities of the Joint Undertaking, invite the Member State on the territory of which the seat of the Joint Undertaking will be established, to exempt the Joint Undertaking, as well as the personnel that it employs, from all taxes, social charges and similar obligations, under the terms of applicable Community and national law. The Council invites the Commission to take care of the implementation of this provision and to refer to it in case of difficulties."
Unilateral statement by Belgium:
"The Kingdom of Belgium commits itself, in view of the non-commercial character of the activities of the Joint Undertaking, to grant the Joint Undertaking, as well as the personnel that it employs, all advantages and facilities compatible with Community and national law."
Re: Article 3 (4) and Article 7 of the Regulation: Decision-making by Supervisory Board and Security Board
Joint statement by the Council and by the Commission:
"The Council and the Commission agree that if the Supervisory Board or the Security Board can not reach a decision, the Presidency will report to the bodies of the Council in order to examine appropriate solutions."
Re: Article 8 (2) of the Statutes: Functions of the Administrative Board
Unilateral statement by the Commission:
"The Commission will ensure that the Administrative Board swiftly establishes precise rules for preventing and halting any conflicts of interest that may arise between the Joint Undertaking and members of its personnel or the undertakings referred to in the second indent of Article 1(3)(b).
Such rules will be based on the following principles:
­ The undertakings indicated in the second indent of Article 1(3)(b) shall abstain from intervening in any way whatsoever in the preparation and the procedures for the tenders which are organised by the Joint Undertaking and in which those undertakings or the groups to which they belong participate or may participate.
­ The members of the managing bodies and of the personnel of the Joint Undertaking having a direct or indirect link with the undertakings indicated in the second indent of Article 1(3)(b) shall be excluded from the tendering procedures organised by the Joint Undertaking. In particular they may not participate in the definition of the general conditions or the terms of reference for the tenders organised by the Joint Undertaking, in the opening of envelopes, in the examination of the offers received, or in the meetings of the organs of the Joint Undertaking which have to select the other party or parties to such contracts.
Anyone who is or was recently employed by an undertaking shall in particular be considered as having a direct link with that undertaking.
Anyone who is or was recently employed by an undertaking having a contractual link with that undertaking shall in particular be considered as having an indirect link with that undertaking."
Re: Article 9 (4) of the Statutes: Treatment of Documents
Unilateral statement by Sweden:
"With particular reference to the joint declaration of the European Parliament, the Council and the Commission relating to 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 and OJ L 173, .6.2001, p. 5) Sweden welcomes Article 9(4) of the Statutes of the GALILEO Joint Undertaking. That Article enables the general public to have access to the Joint Undertaking's documents to the extent decided by the Executive Committee, taking into account the principles and limits laid down in Regulation (EC) No 1049/2001 . "