title: Council Decision 2011/18/CFSP of 14 January 2011 amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d'Ivoire

text:
               15.1.2011

               EN

               Official Journal of the European Union

               L 11/36

         COUNCIL DECISION 2011/18/CFSP
   of 14 January 2011
   amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d'Ivoire
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 29 October 2010, the Council adopted Decision 2010/656/CFSP renewing the restrictive measures against Côte d'Ivoire (1).

               (2)

               On 13 December 2010, the Council emphasised the importance of the Presidential election held on 31 October and 28 November 2010 for the return of peace and stability in Côte d'Ivoire and declared it to be imperative that the sovereign wish expressed by the Ivorian people be respected.

               (3)

               On 17 December 2010, the European Council called on all Ivorian leaders, both civilian and military, who have not yet done so, to place themselves under the authority of the democratically elected President, Mr Alassan Ouattara.

               (4)

               On 22 December 2010, the Council adopted Decision 2010/801/CFSP (2) amending Decision 2010/656/CFSP in order to impose travel restrictions against those who are obstructing the process of peace and national reconciliation, and in particular those who are jeopardising the proper outcome of the electoral process.

               (5)

               On 14 January 2011, the Council adopted Decision 2011/17/CFSP (3) amending Decision 2010/656/CFSP in order to include additional persons in the list of persons subject to travel restrictions.

               (6)

               In view of the seriousness of the situation in Côte d'Ivoire, additional restrictive measures should be imposed against those persons.

               (7)

               Moreover, the list of persons subject to the restrictive measures set out in Annex II to Decision 2010/656/CFSP should be amended and the information relating to certain persons on the list should be updated,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/656/CFSP is hereby amended as follows:

               1.

               Article 5 is replaced by the following:
               ‘Article 5
               1.   All funds and economic resources owned or controlled directly or indirectly by:

                           (a)

                           the persons referred to in Annex I designated by the Sanctions Committee and referred to in Article 4(1)(a), or held by entities owned or controlled directly or indirectly by them or by any persons acting on their behalf or at their direction, as designated by the Sanctions Committee;

                           (b)

                           the persons or entities referred to in Annex II who are not included in the list in Annex I and who are obstructing the process of peace and national reconciliation, and in particular who are jeopardising the proper outcome of the electoral process, or held by entities owned or controlled directly or indirectly by them or by any persons acting on their behalf or at their direction,

                     shall be frozen.
               2.   No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of persons or entities referred to in paragraph 1.
               3.   Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

                           (a)

                           necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

                           (b)

                           intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

                           (c)

                           intended exclusively for the payment of fees or service charges, in accordance with national laws, for the routine holding or maintenance of frozen funds and economic resources;

                           (d)

                           necessary for extraordinary expenses;

                           (e)

                           the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered before designation by the Sanctions Committee or by the Council of the person or entity concerned, and is not for the benefit of a person or entity referred to in this Article.

                     With regard to persons and entities listed in Annex I:

                           —

                           the exemptions referred to in points (a), (b) and (c) of the first subparagraph of this paragraph may be made by the Member State concerned after notification to the Sanctions Committee of its intention to authorise, where appropriate and in the absence of a negative decision by the Sanctions Committee within two working days of such notification, access to such funds and economic resources;

                           —

                           the exemption referred to in point (d) of the first subparagraph of this paragraph may be made by the Member State concerned after notification to the Sanctions Committee and approval by the latter;

                           —

                           the exemption referred to in point (e) of the first subparagraph of this paragraph may be made by the Member State concerned after notification to the Sanctions Committee.

                     4.   Paragraph 2 shall not apply to the addition to frozen accounts of:

                           (a)

                           interest or other earnings on those accounts; or

                           (b)

                           payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures under Common Position 2004/852/CFSP or this Decision,

                     provided that any such interest, other earnings and payments continue to be subject to paragraph 1.’;

               2.

               Article 10 is replaced by the following:
               ‘Article 10
               1.   This Decision shall enter into force on the date of its adoption.
               2.   It shall be reviewed, amended or repealed as appropriate, in accordance with relevant decisions of the United Nations Security Council.
               3.   The measures referred to in Article 4(1)(b) and 5(1)(b) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply to the persons or entities concerned if the Council establishes, in accordance with the procedure in Article 6(2), that the conditions necessary for their application are no longer met.’.

         Article 2
   Annex II to Decision 2010/656/CFSP is replaced by the Annex to this Decision.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 14 January 2011.

            For the Council

            The President

         J. MARTONYI

      (1)  OJ L 285, 30.10.2010, p. 28.

      (2)  OJ L 341, 23.12.2010, p. 45.

      (3)  See page 31 of this Official Journal.

      ANNEX

            ‘ANNEX II

               List of persons and entities referred to in Article 4(1)(b) and 5(1)(b)

            A.   Persons

                        Name (and any aliases)

                        Identifying information

                        Grounds for designation

                        1.

                        Mr Pascal Affi N’Guessan

                        Born 1 January 1953 in Bouadikro
                        Passport number: PD-AE 09DD00013.

                        President of the Ivorian Popular Front (FPI): Obstruction of the peace and reconciliation processes; public incitement to hatred and violence.

                        2.

                        Lieutenant-Colonel Nathanaël Ahouman Brouha

                        Born 6 June 1960

                        Commander of the Security Group of the Presidency of the Republic (GSPR).
                        Responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        3.

                        Mr Gilbert Marie Aké N'Gbo

                        Born 8 October 1955 in Abidjan
                        Passport number:
                        08 AA 61107 (due to expire on 2 April 2014)

                        Supposedly Prime Minister and Minister for Planning and Development: Participation in the illegitimate government of Mr Laurent Gbagbo.

                        4.

                        Mr Pierre Israël Amessan Brou

                        Director General of Radio Télévision Ivoirienne (RTI):
                        Obstruction of the peace and reconciliation processes through public incitement to hatred and violence and through participation in disinformation campaigns in connection with the 2010 presidential election.

                        5.

                        Mr Frank Anderson Kouassi

                        President of the National Audiovisual Communication Council (CNCA):
                        Obstruction of the peace and reconciliation processes through public incitement to hatred and violence and through participation in disinformation campaigns in connection with the 2010 presidential election; senior official refusing to place himself under the authority of the democratically elected President.

                        6.

                        Ms Nadiani Bamba

                        Born 13 June 1974 in Abidjan
                        Passport number: PD - AE 061 FP 04

                        Director of the Cyclone group which publishes the newspaper “Le Temps”: Obstruction of the peace and reconciliation processes through public incitement to hatred and violence and through participation in disinformation campaigns in connection with the 2010 presidential election.

                        7.

                        Mr Kadet Bertin

                        Born around 1957 in Mama

                        Security adviser to Mr Gbagbo:
                        Obstruction of the peace and reconciliation processes; senior official refusing to place himself under the authority of the democratically elected President. Instigator of campaigns of intimidation and repression.

                        8.

                        General Dogbo Blé

                        Born 2 February 1959 in Daloa

                        Head of the Republican Guard.
                        Obstruction of the peace and reconciliation processes; responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        9.

                        Mr Paul Antoine Bohoun Bouabré

                        Born 9 February 1957 in Issia
                        Passport number: PD AE 015 FO 02

                        Former Minister of State, senior official in the FPI:
                        Obstruction of the peace and reconciliation processes; refusal to accept the result of the presidential election.

                        10.

                        Sub-prefect Oulaï Delefosse

                        Born 28 October 1968

                        Leader in the Great West Patriotic Resistance Union (UPRGO): Obstruction of the peace and reconciliation processes through refusal to disarm and refusal to place himself under the authority of the democratically elected President.

                        11.

                        Admiral Vagba Faussignau

                        Born 31 December 1954 in Bobia

                        Commander of the Ivorian Navy - deputy chief of staff: Responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President;

                        12.

                        Pastor Gammi

                        Head of the Ivorian Movement for the Liberation of Western Côte d'Ivoire (MILOCI): Obstruction of the peace and reconciliation processes through refusal to disarm and refusal to place himself under the authority of the democratically elected President.

                        13.

                        Mr Laurent Gbagbo

                        Born 31 May 1945 in Gagnoa

                        Supposedly President of the Republic: Obstruction of the peace and reconciliation processes; refusal to accept the result of the presidential election.

                        14.

                        Ms Simone Gbagbo

                        Born 20 June 1949 in Moossou

                        President of the Ivorian Popular Front (FPI) group in the National Assembly. Obstruction of the peace and reconciliation processes; public incitement to hatred and violence.

                        15.

                        General Guiai Bi Poin

                        Born 31 December 1954 in Gounela

                        Head of the Security Operations Command Centre (CECOS).
                        Obstruction of the peace and reconciliation processes; responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        16.

                        Mr Denis Maho Glofiei

                        Born in Val de Marne, France

                        Leader in the Great West Liberation Front (FLGO).
                        Obstruction of the peace and reconciliation processes through refusal to disarm and refusal to place himself under the authority of the democratically elected President.

                        17.

                        Captain Anselme Séka Yapo

                        Born 2 May 1973 in Adzopé

                        Bodyguard to Ms Gbagbo.
                        Responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        18.

                        Mr Désiré Tagro

                        Born 27 January 1959 in Issia
                        Passport number:
                        PD – AE 065FH0.

                        Secretary-General of Mr Laurent Gbagbo's supposed “Presidency”. Participation in the illegitimate government of Mr Laurent Gbagbo, refusal to accept the result of the presidential election.
                        Implicated in violent repression of the popular risings of February, November and December 2010.

                        19.

                        Mr Yao N'Dré

                        Born 29 December 1956

                        President of the Constitutional Council: Obstruction of the peace and reconciliation processes, refusal to accept the result of the presidential election; senior official refusing to place himself under the authority of the democratically elected President.

                        20.

                        Mr Yanon Yapo

                        Supposedly Keeper of the Seals, Minister for Justice and Human Rights: Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo

                        21.

                        Mr Alain Dogou

                        Born 16 July 1964 in Aboisso
                        Passport number:
                        PD-AE/053FR05 (due to expire on 27 May 2011)

                        Supposedly Minister for Defence and Civic Service
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        22.

                        Mr Emile Guiriéoulou

                        Born 1 January 1949 in Guiglo
                        Passport number:
                        PD-AE/008GO03 (due to expire on 14 March 2013)

                        Supposedly Minister for the Interior: Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        23.

                        Mr Charles Désiré Noël Laurent Dallo

                        Born 23 December 1955 in Gagnoa
                        Passport number:
                        08AA19843 (due to expire on 13 October 2013)

                        Supposedly Minister for Economic Affairs and Finance
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        24.

                        Mr Augustin Kouadio Komoé

                        Born 19 September 1961 in Kokomian
                        Passport number:
                        PD-AE/010GO03 (due to expire on 14 March 2013)

                        Supposedly Minister for Mines and Energy: Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        25.

                        Ms Christine Adjobi Nebout (alias Aya Christine Rosalie Adjobi née Nebout)

                        Born 24 July 1949 in Grand Bassam
                        Passport number:
                        PD-AE/017FY12 (due to expire on 14 December 2011)

                        Supposedly Minister for Health and the Fight against AIDS: Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        26.

                        Mr Benjamin Yapo Atsé

                        Born 1 January 1951 in Akoupé
                        Passport numbers:
                        PD-AE/089GO04 (due to expire on 1 April 2013);
                        PS-AE/057AN06

                        Supposedly Minister for Building and Urban Development: Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo

                        27.

                        Mr Issa Malick Coulibaly

                        Born 19 August 1953 in Korhogo
                        Passport number:
                        PD-AE/058GB05 (due to expire on 10 May 2012)

                        Supposedly Minister for Agriculture: Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo

                        28.

                        Mr Ahoua Don Mello

                        Born 23 June 1958 in Bongouanou
                        Passport number:
                        PD-AE/044GN02 (due to expire on 23 February 2013)

                        Supposedly Minister for Infrastructure and Sanitation, Government spokesperson: Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        29.

                        Mr Blaise N'Goua Abi

                        Supposedly Minister for Transport: Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        30.

                        Ms Anne Jacqueline Lohouès Oble

                        Born 7 November 1950 in Dabou
                        Passport number:
                        PD-AE/050GU08 (due to expire on 4 August 2013)

                        Supposedly Minister for Education: Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        31.

                        Ms Angèle Gnonsoa (alias Zon Sahon)

                        Born 1 January 1940 in Taï
                        Passport number:
                        PD-AE/040ER05 (due to expire on 28 May 2012)

                        Supposedly Minister for Technical Education:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        32.

                        Mr Lazare Koffi Koffi

                        Supposedly Minister for the Environment, Water and Forestry: Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        33.

                        Ms Elisabeth Badjo Djékouri,
                        married name
                        Jeannie Dagbo

                        Born 24 December 1971 in Lakota
                        Passport numbers: 08AA15517 (due to expire on 25 November 2013);
                        PS-AE/040HD12 (due to expire on 1 December 2011)

                        Supposedly Minister for the Civil Service: Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        34.

                        Mr Charles Blé Goudé

                        Born 1 January 1972 in Kpoh
                        Old passport:
                        DD-AE/088OH12

                        Supposedly Minister for Youth, Vocational Training and Employment, Leader of the Panafrican Congress of Young Patriots (COJEP):
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.
                        For the record: has been the subject of UN Security Council sanctions since 2005.

                        35.

                        Mr Philippe Attey

                        Born 10 October 1951 in Agboville
                        Old passport AE/32AH06

                        Supposedly Minister for Industry and Development of the Private Sector:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        36.

                        Ms Danièle Boni Claverie (French and Ivorian national)

                        Supposedly Minister for Women, the Family and Children:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        37.

                        Mr Ettien Amoikon

                        Supposedly Minister for Information and Communication Technologies:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        38.

                        Mr Gnonzié Ouattara

                        Supposedly Minister for Communications:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        39.

                        Mr Alphonse Voho Sahi

                        Born 15 June 1958 in Gueyede
                        Passport number:
                        PD-AE/066FP04 (due to expire on 1 April 2011)

                        Supposedly Minister for Culture:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        40.

                        Mr Kata Kéké (alias Keke Joseph Kata)

                        Born 1 January 1951 in Daloa
                        Passport number:
                        PD-AE/086FO02 (due to expire on 27 February 2011)

                        Supposedly Minister for Scientific Research:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        41.

                        Mr Franck Guéi

                        Born 20 February1967
                        Passport number:
                        PD-AE/082GL12 (due to expire on 22 December 2012)

                        Supposedly Minister for Sports:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        42.

                        Mr Touré Amara

                        Supposedly Minister for Trade:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        43.

                        Mr Richard Kouamé Sécré

                        Supposedly Minister for Tourism and Craft Trades:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        44.

                        Ms Anne Gnahouret Tatret

                        Supposedly Minister for Solidarity, Reconstruction and Social Cohesion:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        45.

                        Mr Nyamien Messou

                        Born 20 June 1954 in Bongouanou
                        Old passport PD-AE/056FE05 (due to expire on 29 May 2010)

                        Supposedly Minister for Labour:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        46.

                        Mr Justin Koné Katina

                        Supposedly Minister Delegate for the Budget:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        47.

                        Mr Thomas N'guessan Yao

                        Supposedly Minister attached to the Minister for Education, with responsibility for Higher Education:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        48.

                        Ms Odette Lago Daléba Loan

                        Born 1 January 1955 in Floleu
                        Passport number:
                        08AA68945 (due to expire on 29 April 2014)

                        Supposedly State Secretary for School and Student Life:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        49.

                        Mr Georges Armand Alexis Ouégnin

                        Born 27 August 1953 in Bouaké
                        Passport number:
                        08AA59267 (due to expire on 24 March 2014)

                        Supposedly State Secretary for Universal Sickness Insurance:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        50.

                        Mr Raphaël Dogo Djéréké

                        Supposedly State Secretary for the Disabled:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        51.

                        Mr Dosso Charles Radel Durando

                        Supposedly State Secretary for War Victims:
                        Obstruction of the peace and reconciliation processes and refusal to accept the result of the presidential election through participation in the illegitimate government of Mr Laurent Gbagbo.

                        52.

                        Mr Timothée Ahoua N'Guetta

                        Born 25 April 1931 in Aboisso
                        Passport number:
                        PD-AE/084FK10 (due to expire on 20 October 2013)

                        Member of the Constitutional Council:
                        Obstruction of the peace and reconciliation processes; refusal to accept the result of the presidential election; senior official refusing to place himself under the authority of the democratically elected President.

                        53.

                        Mr Jacques André Daligou Monoko

                        Member of the Constitutional Council
                        Obstruction of the peace and reconciliation processes; refusal to accept the result of the presidential election; senior official refusing to place himself under the authority of the democratically elected President.

                        54.

                        Mr Bruno Walé Ekpo

                        Member of the Constitutional Council
                        Obstruction of the peace and reconciliation processes; refusal to accept the result of the presidential election; senior official refusing to place himself under the authority of the democratically elected President.

                        55.

                        Mr Félix Tano Kouakou

                        Born 12 March 1959 in Ouelle
                        Passport number:
                        PD-AE/091FD05 (due to expire on 13 May 2010)

                        Member of the Constitutional Council:
                        Obstruction of the peace and reconciliation processes; refusal to accept the result of the presidential election; senior official refusing to place himself under the authority of the democratically elected President.

                        56.

                        Ms Hortense Kouassi Angoran

                        Member of the Constitutional Council:
                        Obstruction of the peace and reconciliation processes; refusal to accept the result of the presidential election; senior official refusing to place herself under the authority of the democratically elected President.

                        57.

                        Ms Joséphine Suzanne Touré

                        Born 28 February 1972 in Abidjan
                        Passport numbers:
                        PD-AE/032GL12 (due to expire on 7 December 2012);
                        08AA62264 (due to expire on 6 April 2014)

                        Member of the Constitutional Council:
                        Obstruction of the peace and reconciliation processes; refusal to accept the result of the presidential election; senior official refusing to place herself under the authority of the democratically elected President.

                        58.

                        Mr Konaté Navigué

                        Born 4 March 1974 in Tindara
                        Passport number:
                        PD-AE/076FE06 (due to expire on 5 June 2010)

                        President of the youth wing of the Ivorian Popular Front (FPI):
                        Public incitement to hatred and violence.

                        59.

                        Mr Patrice Baï

                        Security adviser to former President Gbagbo: Coordinates action to intimidate the opposition; senior official refusing to place himself under the authority of the democratically elected President.

                        60.

                        Mr Marcel Gossio

                        Born 18 February 1951 in Adjamé
                        Passport number: 08AA14345 (due to expire on 6 October 2013)

                        Director-General of the Autonomous Port of Abidjan: Senior official refusing to place himself under the authority of the democratically elected President; is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        61.

                        Mr Alphonse Mangly (alias Mangley)

                        Born 1 January 1958 in Danané
                        Passport numbers: 04LE57580 (due to expire on 16 June 2011);
                        PS-AE/077HK08 (due to expire on 3 August 2012);
                        PD-AE/065GK11 (due to expire on 15 November 2012)
                        PD-AE/065GK11 (due to expire on 15 November 2012)

                        Director-General of Customs:
                        Senior official refusing to place himself under the authority of the democratically elected President; is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        62.

                        Mr Marc Gnatoa

                        Head of the Front for the Security of the Centre-West (FSCO): Participation in repression. Obstruction of the peace and reconciliation processes through refusal to disarm and refusal to place himself under the authority of the democratically elected President.

                        63.

                        Mr Moussa Touré Zéguen

                        Born 9 September 1944
                        Old passport: AE/46CR05

                        Secretary-General of the Group of Patriots for Peace (GPP):
                        In charge of militia. Participation in repression following the second round of the presidential election. Obstruction of the peace and reconciliation processes through refusal to disarm and refusal to place himself under the authority of the democratically elected President.

                        64.

                        Ms Geneviève Bro Grébé née Yobou

                        Born 13 March 1953 in Grand Alepé
                        Passport number:
                        PD-AE/072ER06 (due to expire on 6 June 2012)

                        President of the Patriotic Women of Côte d'Ivoire:
                        Obstruction of the peace and reconciliation processes through public incitement to hatred and violence.

                        65.

                        Ms Marie Odette Lorougnon Souhonon née Gnabri

                        National Secretary of the women's wing of the Ivorian Popular Front (FPI)
                        Obstruction of the peace and reconciliation processes through public incitement to hatred and violence.

                        66.

                        Mr Felix Nanihio

                        Secretary-General of the National Audiovisual Communication Council (CNCA): Obstruction of the peace and reconciliation processes through public incitement to hatred and violence and through participation in disinformation campaigns in connection with the 2010 presidential election; senior official refusing to place himself under the authority of the democratically elected President.

                        67.

                        Mr Stéphane Kipré

                        Editor legally representing the newspaper “Le Quotidien d'Abidjan”: Obstruction of the peace and reconciliation processes through public incitement to hatred and violence and through participation in disinformation campaigns in connection with the 2010 presidential election.

                        68.

                        Mr Etienne Lahoua Souanga alias César Etou

                        Editor-in-Chief and Editor legally representing the newspaper “Notre Voie”
                        Obstruction of the peace and reconciliation processes through public incitement to hatred and violence and through participation in disinformation campaigns in connection with the 2010 presidential election.

                        69.

                        Mr Jean Baptiste Akrou

                        Born 1 January 1956 in Yamoussoukro
                        Passport number: 08AA15000
                        (due to expire on 5 October 2013)

                        Director-General of the newspaper “Fraternité Matin”
                        Obstruction of the peace and reconciliation processes through public incitement to hatred and violence and through participation in disinformation campaigns in connection with the 2010 presidential election.

                        70.

                        Lieutenant General Philippe Mangou

                        Chief of Defence Staff: Obstruction of the peace and reconciliation processes; responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        71.

                        Colonel Affro (Gendarmerie)

                        Assistant to the Gendarmerie High Command: Obstruction of the peace and reconciliation processes; responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        72.

                        Mr Laurent Ottro Zirignon

                        Born 1 January 1943 in Gagnoa
                        Passport numbers: 08AB47683 (due to expire on 26 January 2015);
                        PD-AE/062FR06 (due to expire on 1 June 2011);
                        97LB96734

                        Chief Executive Officer of the Ivorian Refining Company (SIR): Senior official refusing to place himself under the authority of the democratically elected President; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                        73.

                        Mr Fadika Kassoum

                        Born 7 June 1962 in Man
                        Passport number: 08AA57836 (due to expire on 1 April 2014)

                        Director of the National Petroleum Operations Company of Côte d'Ivoire (PETROCI): Senior official refusing to place himself under the authority of the democratically elected President; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                        74.

                        Ms Simone Djédjé Mama Ohoua

                        Born 1 January 1957 either in Zialegrehoa or in Gagnoa
                        Passport numbers: 08AA23624 (due to expire on 22 October 2013);
                        PD-AE/006FR05

                        Director-General of the Treasury: Senior official refusing to place herself under the authority of the democratically elected President; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                        75.

                        Mr Lambert Kessé Feh

                        Born 22 November 1948 in Gbonne
                        Passport number:
                        PD-AE/047FP03 (due to expire on 26 March 2011)

                        Director-General of Taxation: Senior official refusing to place himself under the authority of the democratically elected President; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                        76.

                        Mr Aubert Zohoré

                        Special adviser to Mr Gbagbo on economic matters: Senior official refusing to place himself under the authority of the democratically elected President.

                        77.

                        Mr Thierry Legré

                        Member of the patriotic youth movement: Obstruction of the peace and reconciliation processes through public incitement to hatred and violence.

                        78.

                        Lieutenant General Edouard Kassaraté Tiapé

                        Gendarmerie High Commander: Obstruction of the peace and reconciliation processes; Responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        79.

                        Colonel Major Hilaire Babri Gohourou

                        Spokesperson for the Côte d'Ivoire Security Forces: Obstruction of the peace and reconciliation processes; public incitement to hatred and violence; senior military officer refusing to place himself under the authority of the democratically elected President.

                        80.

                        Chief Superintendent Claude Yoro

                        Director of National Police Intervention Units: Responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        81.

                        Superintendent Emmanuel Patrick Loba Gnango

                        Commander of the Riot Squad (BAE): Responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        82.

                        Captain Guei Badia

                        Naval base – Ivorian Navy: Responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        83.

                        Lieutenant Ourigou Bawa

                        Naval base – Ivorian Navy: Responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        84.

                        Superintendent Joachim Robe Gogo

                        Head of operations at the Security Operations Command Centre (CECOS): Responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire; senior military officer refusing to place himself under the authority of the democratically elected President.

                        85.

                        Mr Gilbert Anoh N'Guessan

                        Chairman of the Coffee and Cocoa Trade Management Committee (CGFCC): Senior official refusing to place himself under the authority of the democratically elected President; is helping to fund the illegitimate government of Mr Laurent Gbagbo.

            B.   Entities

                        Name (and any aliases)

                        Identifying information

                        Grounds for designation

                        1.

                        PETROCI (National Petroleum Operations Company of Côte d'Ivoire)

                        Abidjan Plateau, Les Hévéas building - 14 boulevard Carde

                        Is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        2.

                        SIR (Ivorian Refining Company)

                        Abidjan Port Bouët, Route de Vridi – Boulevard de Petit Bassam

                        Is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        3.

                        Autonomous Port of Abidjan

                        Abidjan Vridi, Port area

                        Is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        4.

                        Autonomous Port of San Pedro

                        San Pedro, Port area
                        Representation in Abidjan: Former Monoprix building, opposite Gare Sud Plateau - 1st floor, Rue du Commerce side

                        Is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        5.

                        BNI (National Investment Bank)

                        Abidjan Plateau, Avenue Marchand – SCIAM building

                        Is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        6.

                        BFA (Agricultural Credit Bank)

                        Abidjan Plateau, Rue Lecoeur – Alliance B building, 2nd to 4th floor

                        Is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        7.

                        Versus Bank

                        Abidjan Plateau, Avenue Botreau Roussel – CRRAE UMOA building, behind the BCEAO, facing rue des Banques

                        Is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        8.

                        CGFCC (Coffee and Cocoa Trade Management Committee):

                        Abidjan Plateau - CAISTAB building, 23rd floor

                        Is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        9.

                        APROCANCI (Côte d'Ivoire Association of Natural Rubber Producers)

                        Cocody II Plateau Boulevard Latrille – Sicogi, block A Building D 1st floor

                        Is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        10.

                        SOGEPE (National Electricity Management)

                        Abidjan Plateau, Place de la République - EECI building, 15th floor

                        Is helping to fund the illegitimate government of Mr Laurent Gbagbo.

                        11.

                        RTI (Ivorian Radio and Television)

                        Cocody Boulevard des Martyrs, 08 - BP 883 - Abidjan 08 - Côte d'Ivoire

                        Public incitement to hatred and violence through participation in disinformation campaigns in connection with the 2010 presidential election.’


title: 2013/613/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European GNSS Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/333

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European GNSS Agency for the financial year 2011
   (2013/613/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European GNSS Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Agency for the financial year 2011, together with the Agency’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 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency (4), and in particular Article 14 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 (A7-0065/2013),

               1.

               Approves the closure of the accounts of the European GNSS Agency for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European GNSS Agency, 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. 208.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 276, 20.10.2010, p. 11.

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


Avis juridique important

|

31987D0177

87/177/EEC: Council Decision of 9 February 1987 concerning the conclusion of the Framework Agreements for scientific and technical cooperation between the European Communities and the Kingdom of Sweden, the Swiss Confederation, the Republic of Finland, the Kingdom of Norway and the Republic of Austria

Official Journal L 071 , 14/03/1987 P. 0029 - 0029

*****COUNCIL  DECISION  of 9 February 1987  concerning the conclusion of the Framework Agreements for scientific and technical cooperation between the European Communities and the Kingdom of Sweden the Swiss Confederation, the Republic of Finland, the Kingdom of Norway and the Republic of Austria  (87/177/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas the Framework Agreements for scientific and technical cooperation between the European Communities and the Kingdom of Sweden (2), the Swiss Confederation (3), the Republic of Finland (4), the Kingdom of Norway (5) and the Republic of Austria (6) were signed on 13 January 1986, 8 January 1986, 29 April 1986, 27 June 1986 and 15 July 1986, respectively;  Whereas those Framework Agreements should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Framework Agreements for scientific and technical cooperation between the European Communities and the Kingdom of Sweden, the Swiss Confederation, the Republic of Finland, the Kingdom of Norway and the Republic of Austria are hereby approved on behalf of the European Economic Community.  Article 2  The President of the Council shall give the notification provided for in Article 13 of the Framework Agreements (7) on behalf of the Euroepan Economic Community.  Done at Brussels, 9 February 1987.  For the Council  The President  M. EYSKENS  (1) OJ No C 7, 12. 1. 1987.  (2) OJ No L 313, 22. 11. 1985, p. 1.  (3) OJ No L 313, 22. 11. 1985, p. 5.  (4) OJ No L 78, 24. 3. 1986, p. 23.  (5) OJ No L 78, 24. 3. 1986, p. 26.  (6) OJ No L 216, 5. 8. 1986, p. 7.  (7) The date of entry into force of the Agreements will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2006/770/EC: Commission Decision of 9 November 2006 amending the Annex to Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity   (Text with EEA relevance)

text:
               11.11.2006

               EN

               Official Journal of the European Union

               L 312/59

      COMMISSION DECISION

   of 9 November 2006
   amending the Annex to Regulation (EC) No 1228/2003 on conditions for access to the network for cross-border exchanges in electricity
   (Text with EEA relevance)
   (2006/770/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (1), and in particular Article 8(4) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1228/2003 set up guidelines on the management and allocation of available transfer capacity of interconnections between national systems.

               (2)

               Efficient methods of congestion management should be introduced in these guidelines for cross-border electricity interconnection capacities in order to ensure effective access to transmission systems for the purpose of cross-border transactions.

               (3)

               The measures provided for in this Decision are in accordance with the opinion of the Committee referred to Article 13(2) of Regulation (EC) No 1228/2003,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Annex to Regulation (EC) No 1228/2003 is replaced by the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 9 November 2006.

            For the Commission

         Andris PIEBALGS

            Member of the Commission

      (1)  OJ L 176, 15.7.2003, p. 1.

      ANNEX
      Guidelines on the management and allocation of available transfer capacity of interconnections between national systems
      1.   General Provisions

                  1.1.

                  TSOs shall endeavour to accept all commercial transactions, including those involving cross-border-trade.

                  1.2.

                  When there is no congestion, there shall be no restriction of access to the interconnection. Where this is usually the case, there need be no permanent general allocation procedure for access to a cross-border transmission service.

                  1.3.

                  Where scheduled commercial transactions are not compatible with secure network operation, the TSOs shall alleviate congestion in compliance with the requirements of grid operational security while endeavouring to ensure that any associated costs remain at an economically efficient level. Curative redispatching or countertrading shall be envisaged in case lower cost measures cannot be applied.

                  1.4.

                  If structural congestion appears, appropriate congestion management rules and arrangements defined and agreed upon in advance shall be implemented immediately by the TSOs. The Congestion management methods shall ensure that the physical power flows associated with all allocated transmission capacity comply with network security standards.

                  1.5.

                  The methods adopted for congestion management shall give efficient economic signals to market participants and TSOs, promote competition and be suitable for regional and communitywide application.

                  1.6.

                  No transaction-based distinction may be applied in congestion management. A particular request for transmission service shall be denied only when the following conditions are jointly fulfilled:

                              (a)

                              the incremental physical power flows resulting from the acceptance of this request imply that secure operation of the power system may no longer be guaranteed, and

                              (b)

                              the value in monetary amount attached to this request in the congestion management procedure is lower than all other requests intended to be accepted for the same service and conditions.

                  1.7.

                  When defining appropriate network areas in and between which congestion management is to apply, TSOs shall be guided by the principles of cost-effectiveness and minimisation of negative impacts on the Internal Electricity Market. Specifically, TSOs may not limit interconnection capacity in order to solve congestion inside their own control area, except for the above mentioned reasons and reasons of operational security (1). If such a situation occurs, this shall be described and transparently presented to all the users by the TSOs. Such a situation may be tolerated only until a long-term solution is found. The methodology and projects for achieving the long-term solution shall be described and transparently presented to all the users by the TSOs.

                  1.8.

                  When balancing the network inside the control area through operational measures in the network and through redispatching, the TSO shall take into account the effect of these measures on neighbouring control areas.

                  1.9.

                  By not later than 1 January 2008, mechanisms for the intra-day congestion management of interconnector capacity shall be established in a coordinated way and under secure operational conditions, in order to maximise opportunities for trade and to provide for cross-border balancing.

                  1.10.

                  The national Regulatory Authorities shall regularly evaluate the congestion management methods, paying particular attention to compliance with the principles and rules established in the present Regulation and Guidelines and with the terms and conditions set by the Regulatory Authorities themselves under these principles and rules. Such evaluation shall include consultation of all market players and dedicated studies.

            2.   Congestion management methods

                  2.1.

                  Congestion management methods shall be market-based in order to facilitate efficient cross-border trade. For this purpose, capacity shall be allocated only by means of explicit (capacity) or implicit (capacity and energy) auctions. Both methods may coexist on the same interconnection. For intra-day trade continuous trading may be used.

                  2.2.

                  Depending on competition conditions, the congestion management mechanisms may need to allow for both long- and short-term transmission capacity allocation.

                  2.3.

                  Each capacity allocation procedure shall allocate a prescribed fraction of the available interconnection capacity plus any remaining capacity not previously allocated and any capacity released by capacity holders from previous allocations.

                  2.4.

                  TSOs shall optimise the degree to which capacity is firm, taking into account the obligations and rights of the TSOs involved and the obligations and rights of market participants, in order to facilitate effective and efficient competition. A reasonable fraction of capacity may be offered to the market at a reduced degree of firmness, but the exact conditions for transport over cross-border lines shall at all times be made known to market participants.

                  2.5.

                  The access rights for long- and medium-term allocations shall be firm transmission capacity rights. They shall be subject to the use-it-or-lose-it or use-it-or-sell-it principles at the time of nomination.

                  2.6.

                  TSOs shall define an appropriate structure for the allocation of capacity between different timeframes. This may include an option for reserving a minimum percentage of interconnection capacity for daily or intra-daily allocation. This allocation structure shall be subject to review by the respective Regulatory Authorities. In drawing up their proposals, the TSOs shall take into account:

                              (a)

                              the characteristics of the markets,

                              (b)

                              the operational conditions, such as the implications of netting firmly declared schedules,

                              (c)

                              the level of harmonisation of the percentages and timeframes adopted for the different capacity allocation mechanisms in place.

                  2.7.

                  Capacity allocation may not discriminate between market participants that wish to use their rights to make use of bilateral supply contracts or to bid into power exchanges. The highest value bids, whether implicit or explicit in a given timeframe, shall be successful.

                  2.8.

                  In regions where forward financial electricity markets are well developed and have shown their efficiency, all interconnection capacity may be allocated through implicit auctioning.

                  2.9.

                  Other than in the case of new interconnectors which benefit from an exemption under Article 7 of the Regulation, establishing reserve prices in capacity allocation methods shall not be allowed.

                  2.10.

                  In principle, all potential market participants shall be permitted to participate in the allocation process without restriction. To avoid creating or aggravating problems related to the potential use of dominant position of any market player, the relevant Regulatory and/or Competition Authorities, where appropriate, may impose restrictions in general or on an individual company on account of market dominance.

                  2.11.

                  Market participants shall firmly nominate their use of the capacity to the TSOs by a defined deadline for each timeframe. The deadline shall be set such that TSOs are able to reassign unused capacity for reallocation in the next relevant timeframe — including intra-day sessions.

                  2.12.

                  Capacity shall be freely tradable on a secondary basis, provided that the TSO is informed sufficiently in advance. Where a TSO refuses any secondary trade (transaction), this must be clearly and transparently communicated and explained to all the market participants by that TSO and notified to the Regulatory Authority.

                  2.13.

                  The financial consequences of failure to honour obligations associated with the allocation of capacity shall be attributed to those who are responsible for such a failure. Where market participants fail to use the capacity that they have committed to use, or, in the case of explicitly auctioned capacity, fail to trade on a secondary basis or give the capacity back in due time, they shall lose the rights to such capacity and pay a cost-reflective charge. Any cost-reflective charges for the non-use of capacity shall be justified and proportionate. Likewise, if a TSO does not fulfil its obligation, it shall be liable to compensate the market participant for the loss of capacity rights. No consequential losses shall be taken into account for this purpose. The key concepts and methods for the determination of liabilities that accrue upon failure to honour obligations shall be set out in advance in respect of the financial consequences, and shall be subject to review by the relevant national Regulatory Authority or Authorities.

            3.   Coordination

                  3.1.

                  Capacity allocation at an interconnection shall be coordinated and implemented using common allocation procedures by the TSOs involved. In cases where commercial exchanges between two countries (TSOs) are expected to significantly affect physical flow conditions in any third country (TSO), congestion management methods shall be coordinated between all the TSOs so affected through a common congestion management procedure. National Regulatory Authorities and TSOs shall ensure that no congestion management procedure with significant effects on physical electric power flows in other networks is devised unilaterally.

                  3.2.

                  A common coordinated congestion management method and procedure for the allocation of capacity to the market at least yearly, monthly and day-ahead shall be applied by not later than 1 January 2007 between countries in the following regions:

                              (a)

                              Northern Europe (i.e. Denmark, Sweden, Finland, Germany and Poland),

                              (b)

                              North-West Europe (i.e. Benelux, Germany and France),

                              (c)

                              Italy (i.e. Italy, France, Germany, Austria, Slovenia and Greece),

                              (d)

                              Central Eastern Europe (i.e. Germany, Poland, Czech Republic, Slovakia, Hungary, Austria and Slovenia),

                              (e)

                              South-West Europe (i.e. Spain, Portugal and France),

                              (f)

                              UK, Ireland and France,

                              (g)

                              Baltic states (i.e. Estonia, Latvia and Lithuania).

                        At an interconnection involving countries belonging to more than one region, the congestion management method applied may differ in order to ensure the compatibility with the methods applied in the other regions to which these countries belong. In this case the relevant TSOs shall propose the method which shall be subject to review by the relevant Regulatory Authorities.

                  3.3.

                  The regions referred to in 2.8. may allocate all interconnection capacity through day-ahead allocation.

                  3.4.

                  Compatible congestion management procedures shall be defined in all these seven regions with a view to forming a truly integrated Internal European Electricity Market. Market parties shall not be confronted with incompatible regional systems.

                  3.5.

                  With a view to promoting fair and efficient competition and cross-border trade, coordination between TSOs within the regions set out in 3.2. above shall include all the steps from capacity calculation and optimisation of allocation to secure operation of the network, with clear assignments of responsibility. Such coordination shall include, in particular:

                              (a)

                              Use of a common transmission model dealing efficiently with interdependent physical loop-flows and having regard to discrepancies between physical and commercial flows,

                              (b)

                              Allocation and nomination of capacity to deal efficiently with interdependent physical loop-flows,

                              (c)

                              Identical obligations on capacity holders to provide information on their intended use of the capacity, i.e. nomination of capacity (for explicit auctions),

                              (d)

                              Identical timeframes and closing times,

                              (e)

                              Identical structure for the allocation of capacity among different timeframes (e.g. 1 day, 3 hours, 1 week, etc.) and in terms of blocks of capacity sold (amount of power in MW, MWh, etc.),

                              (f)

                              Consistent contractual framework with market participants,

                              (g)

                              Verification of flows to comply with the network security requirements for operational planning and for real-time operation,

                              (h)

                              Accounting and settlement of congestion management actions.

                  3.6.

                  Coordination shall also include the exchange of information between TSOs. The nature, time and frequency of information exchange shall be compatible with the activities in 3.5 and the functioning of the electricity markets. This information exchange shall in particular enable the TSOs to make the best possible forecast of the global grid situation in order to assess the flows in their network and the available interconnection capacities. Any TSO collecting information on behalf of other TSOs shall give back to the participating TSO the results of the collection of data.

            4.   Timetable for market operations

                  4.1.

                  The allocation of the available transmission capacity shall take place sufficiently in advance. Prior to each allocation, the involved TSOs shall jointly publish the capacity to be allocated, taking into account where appropriate the capacity released from any firm transmission rights and, where relevant, associated netted nominations, along with any time periods during which the capacity will be reduced or not available (for the purpose of maintenance, for example).

                  4.2.

                  Having full regard to network security, the nomination of transmission rights shall take place sufficiently in advance, before the day-ahead sessions of all the relevant organised markets and before the publication of the capacity to be allocated under the day-ahead or intra-day allocation mechanism. Nominations of transmission rights in the opposite direction shall be netted in order to make efficient use of the interconnection.

                  4.3.

                  Successive intra-day allocations of available transmission capacity for day D shall take place on days D-1 and D, after the issuing of the indicated or actual day-ahead production schedules.

                  4.4.

                  When preparing day-ahead grid operation, the TSOs shall exchange information with neighbouring TSOs, including their forecast grid topology, the availability and forecasted production of generation units, and load flows in order to optimise the use of the overall network through operational measures in compliance with the rules for secure grid operation.

            5.   Transparency

                  5.1.

                  TSOs shall publish all relevant data related to network availability, network access and network use, including a report on where and why congestion exists, the methods applied for managing the congestion and the plans for its future management.

                  5.2.

                  TSOs shall publish a general description of the congestion management method applied under different circumstances for maximising the capacity available to the market, and a general scheme for the calculation of the interconnection capacity for the different timeframes, based upon the electrical and physical realities of the network. Such a scheme shall be subject to review by the Regulatory Authorities of the Member States concerned.

                  5.3.

                  The congestion management and capacity allocation procedures in use, together with the times and procedures for applying for capacity, a description of the products offered and the obligations and rights of both the TSOs and the party obtaining the capacity, including the liabilities that accrue upon failure to honour obligations, shall be described in detail and made transparently available to all potential network users by TSOs.

                  5.4.

                  The operational and planning security standards shall form an integral part of the information that TSOs publish in an open and public document. This document shall also be subject to review of national Regulatory Authorities.

                  5.5.

                  TSOs shall publish all relevant data concerning cross-border trade on the basis of the best possible forecast. In order to fulfil this obligation the market participants concerned shall provide the TSOs with the relevant data. The way in which such information is published shall be subject to review by Regulatory Authorities. TSOs shall publish at least:

                              (a)

                              annually: information on the long-term evolution of the transmission infrastructure and its impact on cross-border transmission capacity;

                              (b)

                              monthly: month- and year-ahead forecasts of the transmission capacity available to the market, taking into account all relevant information available to the TSO at the time of the forecast calculation (e.g. impact of summer and winter seasons on the capacity of lines, maintenance on the grid, availability of production units, etc.);

                              (c)

                              weekly: week-ahead forecasts of the transmission capacity available to the market, taking into account all relevant information available to the TSOs at the time of calculation of the forecast, such as the weather forecast, planned maintenance works of the grid, availability of production units, etc.;

                              (d)

                              daily: day-ahead and intra-day transmission capacity available to the market for each market time unit, taking into account all netted day-ahead nominations, day-ahead production schedules, demand forecasts and planned maintenance works of the grid;

                              (e)

                              total capacity already allocated, by market time unit, and all relevant conditions under which this capacity may be used (e.g. auction clearing price, obligations on how to use the capacity, etc.), so as to identify any remaining capacity;

                              (f)

                              allocated capacity as soon as possible after each allocation, as well as an indication of prices paid;

                              (g)

                              total capacity used, by market time unit, immediately after nomination;

                              (h)

                              as closely as possible to real time: aggregated realised commercial and physical flows, by market time unit, including a description of the effects of any corrective actions taken by the TSOs (such as curtailment) for solving network or system problems;

                              (i)

                              ex-ante information on planned outages and ex-post information for the previous day on planned and unplanned outages of generation units larger than 100 MW.

                  5.6.

                  All relevant information shall be available for the market in due time for the negotiation of all transactions (such as the time of negotiation of annual supply contracts for industrial customers or the time when bids have to be sent into organised markets).

                  5.7.

                  The TSO shall publish the relevant information on forecast demand and on generation according to the timeframes referred to in 5.5 and 5.6. The TSO shall also publish the relevant information necessary for the cross-border balancing market.

                  5.8.

                  When forecasts are published, the ex post realised values for the forecast information shall also be published in the time period following that to which the forecast applies or at the latest on the following day (D+1).

                  5.9.

                  All information published by the TSOs shall be made freely available in an easily accessible form. All data shall also be accessible through adequate and standardised means of information exchange, to be defined in close cooperation with market parties. The data shall include information on past time periods with a minimum of two years, so that new market entrants may also have access to such data.

                  5.10.

                  TSOs shall exchange regularly a set of sufficiently accurate network and load flow data in order to enable load flow calculations for each TSO in their relevant area. The same set of data shall be made available to the Regulatory Authorities and to the European Commission upon request. The Regulatory Authorities and the European Commission shall ensure the confidential treatment of this set of data, by themselves and by any consultant carrying out analytical work for them on the basis of these data.

            6.   Use of congestion income

                  6.1.

                  Congestion management procedures associated with a pre-specified timeframe may generate revenue only in the event of congestion which arises for that timeframe, except in the case of new interconnectors which benefit from an exemption under Article 7 of the Regulation. The procedure for the distribution of these revenues shall be subject to review by the Regulatory Authorities and shall neither distort the allocation process in favour of any party requesting capacity or energy nor provide a disincentive to reduce congestion.

                  6.2.

                  National Regulatory Authorities shall be transparent regarding the use of revenues resulting from the allocation of interconnection capacity.

                  6.3.

                  The congestion income shall be shared among the TSOs involved according to criteria agreed between the TSOs involved and reviewed by the respective Regulatory Authorities.

                  6.4.

                  TSOs shall clearly establish beforehand the use they will make of any congestion income they may obtain and report on the actual use of this income. Regulatory Authorities shall verify that this use complies with the present Regulation and Guidelines and that the total amount of congestion income resulting from the allocation of interconnection capacity is devoted to one or more of the three purposes described in Article 6(6) of Regulation.

                  6.5.

                  On an annual basis, and by 31 July each year, the Regulatory Authorities shall publish a report setting out the amount of revenue collected for the 12-month period up to 30 June of the same year and the use made of the revenues in question, together with verification that this use complies with the present Regulation and Guidelines and that the total amount of congestion income is devoted to one or more of the three prescribed purposes.

                  6.6.

                  The use of congestion income for investment to maintain or increase interconnection capacity shall preferably be assigned to specific predefined projects which contribute to relieving the existing associated congestion and which may also be implemented within a reasonable time, particularly as regards the authorisation process.

         (1)  Operational security means ‘keeping the transmission system within agreed security limits’.


title: 2013/785/EU: Council Decision of 16 December 2013 on the conclusion, on behalf of the European Union, of the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco

text:
               21.12.2013

               EN

               Official Journal of the European Union

               L 349/1

         COUNCIL DECISION
   of 16 December 2013
   on the conclusion, on behalf of the European Union, of the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco
   (2013/785/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(6)(a) and Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 22 May 2006 the Council approved the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (1) (hereinafter referred to as the ‘Partnership Agreement’) by adopting Regulation (EC) No 764/2006 (2).

               (2)

               The Union has negotiated with the Kingdom of Morocco a new Protocol granting vessels of the Union fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Kingdom of Morocco as regards fishing.

               (3)

               By Decision 2013/720/EU (3), the Council authorised the signature of this Protocol, subject to its conclusion.

               (4)

               It is in the interest of the Union to implement the Partnership Agreement by means of a Protocol establishing the fishing opportunities and the corresponding financial contribution, setting out the conditions for promoting responsible fishing and sustainable fisheries in the fishing zone of the Kingdom of Morocco. The Protocol should therefore be approved on behalf of the Union.

               (5)

               The Partnership Agreement set up a Joint Committee which is responsible for monitoring the implementation of this Agreement. Furthermore, in accordance with the Protocol, the Joint Committee may approve certain modifications to the Protocol. In order to facilitate the approval of such modifications, it is appropriate to empower the European Commission, subject to specific conditions, to approve them under a simplified procedure,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (hereinafter referred to as the ‘Protocol’) is approved on behalf of the Union (4).
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 12 of the Protocol.
   Article 3
   Subject to the provisions and conditions set out in the Annex, the European Commission shall be empowered to approve, on behalf of the Union, modifications to the Protocol in the Joint Committee.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 16 December 2013.

            For the Council

            The President

         V. JUKNA

      (1)  OJ L 141, 29.5.2006, p. 4.

      (2)  Council Regulation (EC) No 764/2006 of 22 May 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (OJ L 141, 29.5.2006, p. 1).

      (3)  OJ L 328, 7.12.2013, p. 1.

      (4)  The Protocol has been published in OJ L 328, 7.12.2013, p. 2 together with the Decision on its signature.

      ANNEX

         Scope of the empowerment and procedure for the establishment of the Union position in the Joint Committee

                  (1)

                  The Commission shall be authorised to negotiate with the Kingdom of Morocco and, where appropriate and subject to complying with paragraph 3 of this Annex, agree on modifications to the Protocol in respect of the following issues:

                              (a)

                              review of fishing opportunities in accordance with Article 5(1) of the Protocol;

                              (b)

                              decision on the modalities of the sectoral support in accordance with Article 6 of the Protocol;

                              (c)

                              technical specifications and modalities falling within the powers of the Joint Committee in accordance with the Annex to the Protocol.

                  (2)

                  In the Joint Committee set up under the Fisheries Partnership Agreement, the Union shall:

                              (a)

                              act in accordance with the objectives pursued by the Union within the framework of the Common Fisheries Policy;

                              (b)

                              be in line with the Council Conclusions of 19 March 2012 on a Communication from the Commission on the External dimension of the Common Fisheries Policy;

                              (c)

                              promote positions that are consistent with the relevant rules adopted by Regional Fisheries Management Organisations.

                  (3)

                  When a decision on modifications to the Protocol referred to in paragraph 1 is foreseen to be adopted during a Joint Committee Meeting, the necessary steps shall be taken so that the position to be expressed on behalf of the Union takes account of the latest statistical, biological and other relevant information transmitted to the Commission.
                  To this effect and based on that information, a preparatory document setting out the particulars of the envisaged Union position shall be transmitted by the Commission services, in sufficient time before the relevant Joint Committee Meeting, to the Council or to its preparatory bodies for consideration and approval.
                  In respect of issues referred to in paragraph 1(a), the approval of the envisaged Union position by the Council shall require a qualified majority of votes. In the other cases, the Union position envisaged in the preparatory document shall be deemed to be agreed, unless a number of Member States equivalent to a blocking minority objects during a meeting of the Council's preparatory body or within twenty days from receipt of the preparatory document, whichever occurs earlier. In case of such objection, the matter shall be referred to the Council.
                  If, in the course of further meetings, including on the spot, it is impossible to reach an agreement in order for the Union position to take account of new elements, the matter shall be referred to the Council or its preparatory bodies.
                  The Commission is invited to take, in due time, any steps necessary as a follow-up to the decision of the Joint Committee, including, where appropriate, a publication of the relevant decision in the Official Journal of the European Union and a submission of any proposal necessary for the implementation of that decision.


Avis juridique important

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32004D0182

2004/182/EC: Council Decision of 13 January 2004 on the signature and provisional application of an administrative arrangement in the form of an Exchange of Letters between the European Community and the Swiss Confederation concerning the transitional points system applicable to heavy goods vehicles travelling through Austria

Official Journal L 057 , 25/02/2004 P. 0016 - 0016

Council Decisionof 13 January 2004on the signature and provisional application of an administrative arrangement in the form of an Exchange of Letters between the European Community and the Swiss Confederation concerning the transitional points system applicable to heavy goods vehicles travelling through Austria(2004/182/EC)THE COUNCIL OF THE EUROPEAN UNIONHaving regard to the Treaty establishing the European Community, and in particular Article 71(1), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission negotiated an administrative arrangement in the form of an Exchange of Letters between the European Community and the Swiss Confederation concerning the transitional points system applicable to heavy goods vehicles travelling through Austria.(2) Subject to its conclusion at a later date, the administrative arrangement should be signed.(3) Arrangements should be made for the provisional application of the administrative arrangement from 1 January 2004,HAS DECIDED AS FOLLOWS:Article 1The President of the Council is authorised to designate the person(s) entitled to sign, on behalf of the European Community, the administrative arrangement in the form of an Exchange of Letters between the European Community and the Swiss Confederation concerning the transitional points system applicable to heavy goods vehicles travelling through Austria, subject to its conclusion at a later date.The text of the Agreement is attached to this Decision.Article 2The administrative arrangement referred to in Article 1 shall be applied on a provisional basis from 1 January 2004.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 13 January 2004.For the CouncilThe PresidentB. Cowen