title: Commission Decision of 1 June 2015 establishing the High Level Forum for a better functioning food supply chain

text:
               2.6.2015

               EN

               Official Journal of the European Union

               C 179/3

         COMMISSION DECISION
   of 1 June 2015
   establishing the High Level Forum for a better functioning food supply chain
   (2015/C 179/03)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Article 173(1) of the Treaty assigned the Union and the Member States the task of ensuring that the conditions necessary for the competitiveness of Union industry exist, in particular by encouraging an environment favourable to cooperation between undertakings. Article 173(2) in particular calls upon the Member States to consult each other in liaison with the Commission and, where necessary, to coordinate their actions in the area of industry. The Commission may take any useful initiative to promote such coordination.

               (2)

               In 2010, the Commission set up an expert group, the High Level Forum for a better functioning food supply chain (hereinafter ‘the Forum’) with the aim of assisting the Commission with the development of a solid industrial policy in the agri-food sector by following the recommendation of the High Level Group on the Competitiveness of the Agro-Food Industry and implementing the initiatives set out in the communication ‘A better functioning food supply chain in Europe’ of 2009.

               (3)

               Until 2014, the High Level Forum for a better functioning Food Supply Chain contributed to an extensive analysis of the major factors determining the competitiveness of the whole food supply chain by adopting a holistic approach. It acknowledged the need for consistency between all policy areas affecting the Union food chain and notably on: agriculture, food safety, nutrition and health, environment, trade, financial markets, research and innovation, and industrial policy more generally.

               (4)

               In its final report of 15 October 2014, the 47 members of the Forum unanimously asked the Commission to issue the Forum with a new mandate to continue the constructive dialogue among European private and public stakeholders about key policy issues, as well as new challenges, affecting the competitiveness of the whole food supply chain.

               (5)

               The final report provides for recommendations which point to different topics to be the matter for further discussions and initiatives in the next Forum, such as competitiveness and small and medium-sized enterprises; business-to-business trading practices; internal market; market access; sustainability; social dimension; innovation; prices. Other subjects of relevance to the competitiveness of the food supply chain might also be at the centre of the activities of the Forum in the future.

               (6)

               The work of the Forum should therefore continue.

               (7)

               The membership of the Forum should be open to national authorities from all Member States to facilitate exchanges of good practice; relevant stakeholders of industry and civil society, in particular representatives of consumers, trade unions and non-governmental organisations. The representation of private organisations should be established on the basis of a public call for application to ensure a balanced representation of stakeholders.

               (8)

               Rules on disclosure of information by members of the Forum should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (1).

               (9)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (2).

               (10)

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

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   A High Level Forum for a Better Functioning Food Supply Chain, hereinafter ‘the Forum’, is hereby set up with effect from the date of adoption of the present Decision.
   Article 2
   Tasks
   The Forum shall assist the Commission with the development of industrial policy in the agro-food sector and with the development of related policy measures which contribute to a better functioning food supply chain. For this purpose, and based on the recommendations of the final report of the Forum adopted on 15 October 2014, it shall focus discussions on relevant topics such as:

               —

               competiveness of the food chain and SMEs,

               —

               business-to-business trading practices,

               —

               internal market,

               —

               market access and trade,

               —

               sustainability,

               —

               social dimension,

               —

               innovation,

               —

               prices,

               —

               future challenges influencing the competitiveness of the food supply chain.

         Article 3
   Consultation
   The Commission may also consult the Forum regarding any other issue linked to the functioning of the food supply chain in the internal market, in order to draw up new recommendations.
   Article 4
   Composition — Appointment
   1.   The Forum shall be composed of not more than 50 members.
   2.   The Forum shall comprise the following members:

               (a)

               Member State national authorities responsible for the food sector at ministerial level;

               (b)

               organisations actively involved in the agro-food industry, and in the trade and distribution of agro-food products in the Union;

               (c)

               EU umbrella associations and federations representing agriculture, food processing industry and trade and distribution of agro-food products in the Union;

               (d)

               non-governmental organisations with expertise in matters relating to the food supply chain.

         3.   Member States national authorities shall nominate their representative in the preparatory group referred to in Article 5(2).
   The other members shall be appointed by the Director-General of the Directorate-General for Internal market, Industry, Entrepreneurship and SMEs from organisations with competence in the areas referred to in Article 2 and Article 3 and who have responded to the call for applications. Those organisations shall nominate their representatives in the Forum and in the preparatory group referred to in Article 5(2).
   The Commission may refuse a representative nominated by an organisation if it considers, on the basis of justified grounds specified in the rules of procedures of the group, that the nomination is not appropriate. In such cases, the organisation concerned shall be asked to nominate another representative.
   4.   Members shall be appointed for the entire period of applicability of this Decision. They shall remain in office until such time as they are replaced in accordance with paragraph 5 or until their term of office ends.
   5.   Members may be replaced for the remainder of their term of office in any of the following cases:

               (a)

               where they resign;

               (b)

               where they are no longer in a position to contribute effectively to the work of the Forum;

               (c)

               where they do not comply with Article 339 of the Treaty.

         6.   The names of the members shall be published on the website of the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs and in the Register of Commission Expert Groups and Other Similar Entities (hereinafter, ‘the Register’)
   Members’ names shall be collected, managed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Functioning
   1.   The Forum shall be chaired by a representative of the Commission. It shall produce a final report on its activities, addressed to the Commission.
   2.   A preparatory group, hereinafter the ‘sherpa group’, shall prepare debates, position papers and opinions with a view to producing the Forum’s final report. The sherpa group shall be composed of high representatives of each member of the Forum. It shall be chaired by a representative of the Commission.
   3.   In agreement with the Commission services, the Forum may set up sub-groups to examine specific issues under a mandate defined by the Forum or the sherpa group. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.
   4.   The representative of the Commission may ask experts with specific competence in a subject on the agenda to participate in the work of the Forum, the sherpa group or the sub-groups on an ad hoc basis. In addition, the representative of the Commission may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups and candidate countries.
   5.   Meetings of the Forum, the sherpa group and the sub-groups shall generally be held on Commission premises. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the Forum, the sherpa group and sub-groups.
   6.   Members of the Forum, their representatives in the sherpa group and sub-groups, as well as invited experts and observers shall comply with the professional secrecy obligations laid down by the Treaties and their implementing rules, as well as with the security rules of the Commission regarding the protection of Union classified information, laid down in the Annex to Decision 2001/844/EC, ECSC, Euratom. Should they fail to respect these obligations, the Commission may take all appropriate measures.
   7.   The Commission publishes, all relevant documents on the activities carried out by the Forum (such as agendas, minutes and participants’ submissions) either in the Register or via a link from the Register to a dedicated website. A document shall not be published when its disclosure would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (3).
   Where necessary, the Commission may translate all or part of these documents into all official Union languages.
   Article 6
   Meeting expenses
   1.   Participants in the activities of the Forum, the sherpa group and the sub-groups shall not be remunerated for the services they render.
   2.   Travel and subsistence expenses incurred by participants in the activities of the Forum, the sherpa group and the sub-groups shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Applicability
   This Decision shall expire on 31 December 2019.

      Done at Brussels, 1 June 2015.

            For the Commission

         Elżbieta BIEŃKOWSKA

            Member of the Commission

      (1)  Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1).

      (2)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (3)  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).


Avis juridique important

|

31978D0979

78/979/EEC: Council Decision of 20 November 1978 replacing an alternate member of the Advisory Committee on Vocational Training

Official Journal L 331 , 28/11/1978 P. 0029 - 0029

****( 1 ) OJ NO 190 , 30 . 12 . 1963 , P . 3090/63 .  ( 2 ) OJ NO L 91 , 12 . 4 . 1968 , P . 26 .    COUNCIL DECISION   OF 20 NOVEMBER 1978   REPLACING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING  ( 78/979/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE COUNCIL DECISION OF 18 DECEMBER 1963 LAYING DOWN THE RULES OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING ( 1 ), AS AMENDED BY THE DECISION OF 9 APRIL 1968 ( 2 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 16 OCTOBER 1978 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING FOR THE PERIOD ENDING 15 OCTOBER 1980 ,   WHEREAS A SEAT AS ALTERNATE MEMBER ON THE ABOVE COMMITTEE IN THE ' WORKERS REPRESENTATIVES '  CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF DR NIERHAUS , NOTIFIED TO THE COUNCIL ON 7 NOVEMBER 1978 ,   HAVING REGARD TO THE NOMINATION SUBMITTED ON 7 NOVEMBER 1978 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR WOLFGANG HEMPEL IS HEREBY APPOINTED ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING IN PLACE OF DR NIERHAUS FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , I.E . UNTIL 15 OCTOBER 1980 .   DONE AT BRUSSELS , 20 NOVEMBER 1978 .   FOR THE COUNCIL   THE PRESIDENT   K . VON DOHNANYI


title: 2010/527/EU: Decision of the European Parliament of 5 May 2010 on the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/163

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008
   (2010/527/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008, together with the Centre’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and 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 (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (3), and in particular Article 15 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 Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0067/2010),

               1.

               Approves the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008;

               2.

               Instructs its President to forward this Decision to the Director of the European Monitoring Centre for Drugs and Drug Addiction, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 148.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 376, 27.12.2006, p. 1.

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


Avis juridique important

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31983D0052

83/52/EEC, Euratom, ECSC: Council Decision of 7 February 1983 appointing a Member of the Court of Auditors

Official Journal L 044 , 16/02/1983 P. 0020 - 0020

*****COUNCIL  DECISION  of 7 February 1983  appointing a Member of the Court of Auditors  (83/52/EEC, Euratom, ECSC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 78e thereof,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 206 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 180 thereof,  Having regard to the Treaty establishing a single Council and a single Commission of the European Communities, and in particular Article 22 thereof,  Having regard to the opinion of the European Parliament (1),  Whereas Mr Arne K. Johansen, Member of the Court of Auditors, has, by his letter of 22 October 1982 addressed to the President of the Council, tendered his resignation with effect from 18 April 1983;  Whereas an appointment should be made of a Member of the Court of Auditors for the remainder of the term of office of Mr Johansen,  HAS DECIDED AS FOLLOWS:  Article 1  Mr Keld Brixtofte is hereby appointed Member of the Court of Auditors up to and including 17 October 1987.  Article 2  This Decision shall take effect on 18 April 1983.  Done at Brussels, 7 February 1983.  For the Council  The President  H.-J. ROHR  (1) OJ No C 42, 14. 2. 1983, p. 103.


Avis juridique important

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31998D0097

98/97/EC: Council Decision of 20 January 1998 on the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Protocol defining, for the period 6 September 1997 to 5 September 2000, the fishing rights and the financial compensation provided for by the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde

Official Journal L 021 , 28/01/1998 P. 0016 - 0017

COUNCIL DECISION of 20 January 1998 on the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Protocol defining, for the period 6 September 1997 to 5 September 2000, the fishing rights and the financial compensation provided for by the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde (98/97/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde (1), and in particular Article 13 thereof,Having regard to the proposal from the Commission,Whereas the Community and the Republic of Cape Verde held negotiations to determine the amendments or additions to be made to the Agreement on fishing off Cape Verde at the end of the period of application of the Protocol;Whereas, as a result of these negotiations, a new Protocol was initialled on 10 July 1997;Whereas, under this Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of Cape Verde for the period 6 September 1997 to 5 September 2000;Whereas, in order to avoid interruption of fishing activities by Community vessels, it is essential that the Protocol in question be approved as quickly as possible; whereas both Parties have therefore initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the Protocol previously in force; whereas the Agreement in the form of an Exchange of Letters should be concluded, subject to a definitive decision pursuant to Article 43 of the Treaty,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters on the provisional application of the Protocol defining, for the period 6 September 1997 to 5 September 2000, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.Article 2 The fishing possibilities provided for in the Protocol shall be allocated among the Member States as follows:- freezer tuna seiners:France: 19 vesselsSpain: 18 vessels,- pole-and-line tuna vessels:France: eight vesselsSpain: two vessels,- surface longliners:Spain: 18 vesselsPortugal: eight vessels,- bottom longliners:Portugal: three vessels.If licence applications from those Member States do not exhaust the fishing possibilities provided for in the Protocol, the Commission may consider licence applications from any other Member State.Article 3 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Brussels, 20 January 1998.For the CouncilThe PresidentJ. CUNNINGHAM(1) OJ L 212, 9. 8. 1990, p. 1.


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section IV — Court of Justice

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/85

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section IV — Court of Justice
   (2010/500/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2008 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2008 — Volume I (C7-0175/2009) (2),
   having regard to the Court of Justice’s annual report to the discharge authority on internal audits carried out in 2008,
   having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, together with the institutions’ replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 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 (A7-0079/2010),

               1.

               Grants the Court of Justice’s Registrar discharge in respect of the implementation of its budget for the financial year 2008;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 71, 14.3.2008.

      (2)  OJ C 273, 13.11.2009, p. 1.

      (3)  OJ C 269, 10.11.2009, p. 1.

      (4)  OJ C 273, 13.11.2009, p. 122.

      (5)  OJ L 248, 16.9.2002, p. 1.
    ---documentbreak---

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/86

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section IV — Court of Justice
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2008 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2008 — Volume I (C7-0175/2009) (2),
   having regard to the Court of Justice’s annual report to the discharge authority on internal audits carried out in 2008,
   having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, together with the institutions’ replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 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 (5) (Financial Regulation), and in particular Articles 50, 86, 145, 146 and 147 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 (A7-0079/2010),

               1.

               Notes that in 2008 the European Court of Justice (ECJ) had commitment appropriations available amounting to a total of EUR 297 million (2007: EUR 275 million), with a utilisation rate of 98,20 %, higher than the average of the other institutions (95,67 %);

               2.

               Notes that the Court of Auditors indicated in its annual report that its audit of a contract the ECJ concluded for the provision of services (following a joint open tender procurement procedure with a Member State) showed weaknesses in the internal control system for performing this tendering procedure; notes that the Court of Auditors found that these led to an overly short deadline for tenderers to obtain the tender specifications (breach of Article 98 of the Financial Regulation), the announcement in the contract notice both of the obligation to submit tenders in one language only (breach of Article 125c of the Implementing Rules (6) (IR) of the Financial Regulation) and the holding of a closed meeting for the opening of tenders (breach of Article 118(3) IR);

               3.

               Notes the clarification offered by the ECJ, in particular, that the timetable, although tight, observed the time limits formally prescribed by the Financial Regulation; notes that the short deadline was caused by the need to award the contract at a date enabling the successful tenderer to be operational when the new building complex was delivered, as well as the necessity to provide for a sufficient time to allow the tenderers to prepare their tender;

               4.

               Notes also the ECJ’s clarification that the contract notice provided for tenders to be submitted in French only (the custom in practice in the Member State concerned) due to a lack of coordination, whereas the contract documents provided that tenders could be submitted in any of the official languages of the European Union, as well as the clarification that, if any tenderers had wished to attend the committee meeting for the opening of tenders, they would have been allowed to do so;

               5.

               Endorses the suggestion of the Court of Auditors that enhanced procurement procedures should be established by the ECJ in order to help authorising services organise tendering procedures and control adherence to regulatory obligations;

               6.

               Notes that apart from the comments on the abovementioned tender procurement procedure, the annual report of the Court of Auditors did not point out any other observations as regards the ECJ;

               7.

               Notes with satisfaction the effective operation of the recently established ECJ’s Internal Audit Unit, and welcomes its recommendations on validation, authorisation and payment of expenditure, as well as the fact that the recommendations were put into operation, in particular, revision of the system of delegating and the terms of subdelegation, the self assessment of internal control systems, increased number of ex-post verifications and improvements in the documentation procedures; notes also the results of the audit on compliance with the legislative obligations in relation to reporting and disclosing budgetary and financial information, which led to measures improving the management and internal control of public contracts, as well as audits on procurement procedures for the library and on compensatory allowance;

               8.

               Welcomes the constant reduction in the duration of proceedings before the ECJ, in particular, a significant reduction in the duration of preliminary ruling procedures; considers that this reduction is not yet satisfactory; notes the decrease in the number of cases completed (333 judgements and 161 orders compared to 379 and 172 respectively in 2007), however, takes notice that the number of preliminary ruling cases was markedly higher; also notes that in 2008 the number of cases submitted (592) was the highest since 1979, which led to a minor increase in the number of cases pending at the end of 2008 (767 cases; 741 cases at the end of 2007);

               9.

               Welcomes the fact that the Court of First Instance in 2008 showed a 52 % increase in the number of cases decided, as well as a certain decrease in the duration of proceedings, which is not yet satisfactory; notes, however, that the number of new cases in 2008 was exceptionally high, (629 new cases compared to 522 in 2007), therefore the backlog of pending cases continued to increase also for the Court of First Instance (from 1 154 in 2007 to 1 178 in 2008);

               10.

               Notes that while the Civil Service Tribunal, which in 2008 saw its first partial triennial renewal, closed fewer cases than in 2007, nevertheless, the number of pending cases dropped slightly (from 235 in 2007 to 217 in 2008) due to a considerably lower number of new applications (111 compared to 157 in 2007);

               11.

               Welcomes the new integrated system for management and financial control (SAP), in operation since 1 January 2008, which has enabled budget savings and gains in efficiency for the three institutions involved (the Council, the ECJ and the Court of Auditors);

               12.

               Welcomes the ongoing successful interinstitutional cooperation with the Court of Auditors as regards training;

               13.

               Notes the follow-up by the ECJ of the observations made by the Parliament and the Court of Auditors in previous discharge decisions and reports, in particular, welcomes the measures taken to set up a selection procedure for the recruitment of auxiliary contract agents; however, regrets the reluctance of the ECJ to publish its members’ declarations of financial interests, and requests that it implements this practice without delay;

               14.

               Praises the ECJ for its established practice of including in its activity report a chapter outlining the follow-up during the year to Parliament’s previous discharge decisions and to reports of the Court of Auditors.

      (1)  OJ L 71, 14.3.2008.

      (2)  OJ C 273, 13.11.2009, p. 1.

      (3)  OJ C 269, 10.11.2009, p. 1.

      (4)  OJ C 273, 13.11.2009, p. 122.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p. 1).


title: 2012/364/EU: Council Decision of 25 June 2012 on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

text:
               7.7.2012

               EN

               Official Journal of the European Union

               L 177/5

         COUNCIL DECISION
   of 25 June 2012
   on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
   (2012/364/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43(2), 114(1) and 207(2), in conjunction with 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State (2) is to be incorporated into the Agreement on the European Economic Area (‘EEA Agreement’).

               (2)

               Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (3) is to be incorporated into the EEA Agreement.

               (3)

               Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products (4) is to be incorporated into the EEA Agreement.

               (4)

               Decision No 768/2008/EC sets out common principles and reference provisions for future legislation harmonising the conditions for the marketing of products and a reference text for existing legislation.

               (5)

               Regulation (EC) No 764/2008 repeals Decision No 3052/95/EC of the European Parliament and of the Council of 13 December 1995 establishing a procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community (5) which is incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Regulation (EC) No 764/2008.

               (6)

               Regulation (EC) No 765/2008 repeals Council Regulation (EEC) No 339/93 of 8 February 1993 on checks for conformity with the rules on product safety in the case of products imported from third countries (6) which is incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Regulation (EC) No 765/2008.

               (7)

               Decision No 768/2008/EC repeals Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonization directives (7) which is incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Decision No 768/2008/EC.

               (8)

               Annex II to the EEA Agreement should therefore be amended accordingly.

               (9)

               The position of the Union in the EEA Joint Committee should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the Union in the EEA Joint Committee on the proposed amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 25 June 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 218, 13.8.2008, p. 21.

      (3)  OJ L 218, 13.8.2008, p. 30.

      (4)  OJ L 218, 13.8.2008, p. 82.

      (5)  OJ L 321, 30.12.1995, p. 1.

      (6)  OJ L 40, 17.2.1993, p. 1.

      (7)  OJ L 220, 30.8.1993, p. 23.

      DRAFT
      DECISION No …/2012 OF THE EEA JOINT COMMITTEE
      of
      amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State (1) is to be incorporated into the Agreement on the European Economic Area (‘EEA Agreement’).

                  (2)

                  Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (2) is to be incorporated into the EEA Agreement.

                  (3)

                  Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products (3) is to be incorporated into the EEA Agreement.

                  (4)

                  Decision No 768/2008/EC sets out common principles and reference provisions for future legislation harmonizing the conditions for the marketing of products and a reference text for existing legislation.

                  (5)

                  Regulation (EC) No 764/2008 repeals Decision No 3052/95/EC of the European Parliament and of the Council of 13 December 1995 establishing a procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community (4) which is incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Regulation (EC) No 764/2008.

                  (6)

                  Regulation (EC) No 765/2008 repeals Council Regulation (EEC) No 339/93 of 8 February 1993 on checks for conformity with the rules on product safety in the case of products imported from third countries (5) which is incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Regulation (EC) No 765/2008.

                  (7)

                  Decision No 768/2008/EC repeals Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonization directives (6) which is incorporated into the EEA Agreement. The EEA Agreement should therefore be amended to take account of Decision No 768/2008/EC.

                  (8)

                  Annex II to the EEA Agreement should therefore be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Chapter XIX of Annex II to the EEA Agreement shall be amended as follows:

                  (1)

                  the text of point 3b (Council Regulation (EEC) No 339/93) shall be replaced by the following:
                  ‘32008 R 0765: Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
                  The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                              (a)

                              the following shall be added at the end of Article 4(2):
                              “Liechtenstein shall also have recourse to the national accreditation body of Switzerland for the product sectors covered by the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment and in respect of which EU and Swiss requirements are deemed equivalent pursuant to Article 1(2) and (3) of that Agreement”.

                              (b)

                              Products exported from Liechtenstein to the other Contracting Parties may be subjected to border controls according to Articles 27-29.’;

                  (2)

                  the text of point 3d (Council Decision 93/465/EEC) shall be replaced by the following:
                  ‘32008 D 0768: Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).’;

                  (3)

                  the text of point 3f (Decision No 3052/95/EC of the European Parliament and of the Council) shall be replaced by the following:
                  ‘32008 R 0764: Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC (OJ L 218, 13.8.2008, p. 21).
                  The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
                  The Regulation shall only apply to products covered by Article 8(3) of the Agreement.
                  The Regulation shall not apply to Liechtenstein in relation to products covered by Annex I, Chapters XII and XXVII of Annex II and Protocol 47 to the Agreement, as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein.’;

                  (4)

                  the following shall be inserted in point 3h (Directive 2001/95/EC of the European Parliament and of the Council):
                  ‘, as amended by:

                              —

                                 32008 R 0765: Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 (OJ L 218, 13.8.2008, p. 30).’.

            Article 2
      The texts of Regulations (EC) No 764/2008 and (EC) No 765/2008 and Decision No 768/2008/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 3
      This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee (7).
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels, .

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L 218, 13.8.2008, p. 21.

         (2)  OJ L 218, 13.8.2008, p. 30.

         (3)  OJ L 218, 13.8.2008, p. 82.

         (4)  OJ L 321, 30.12.1995, p. 1.

         (5)  OJ L 40, 17.2.1993, p. 1.

         (6)  OJ L 220, 30.8.1993, p. 23.

         (7)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: 2007/673/EC: Council Decision of 15 October 2007 amending the Council Act adopting rules applicable to Europol analysis files

text:
               20.10.2007

               EN

               Official Journal of the European Union

               L 277/23

      COUNCIL DECISION

   of 15 October 2007
   amending the Council Act adopting rules applicable to Europol analysis files
   (2007/673/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) (1), and in particular Article 10(1) thereof,
   Having regard to the initiative by the Republic of Finland,
   Having regard to the opinion of the European Parliament (2),
   Having regard to the draft prepared by the Management Board of Europol,
   Whereas:

               (1)

               The Europol Convention makes provision in Title III for work files for the purposes of analysis; amendments thereto were introduced by the Protocol drawn up on the basis of Article 43(1) of the Europol Convention; in particular, amendments were made to Articles 10, 12, 16 and 21 of the Europol Convention, which constitute the framework for the opening of an analysis file and the collection, processing, utilisation and deletion of personal data contained therein.

               (2)

               Implementing rules were adopted for work files for the purpose of analysis by Council Act (1999/C 26/01) of 3 November 1998 adopting rules applicable to Europol analysis files (3). These rules need to be amended as a consequence of the amendments made by the said Protocol to the Europol Convention. The Act should therefore be amended accordingly.

               (3)

               After consulting the Joint Supervisory Body,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Council Act (1999/C 26/01) adopting rules applicable to Europol analysis files is hereby amended as follows:

               1.

               in Article 3(1), the third subparagraph shall be replaced by the following:
               ‘After receipt, it shall be determined as soon as possible to what extent the data shall be included in a specific file.’;

               2.

               Article 5(3) shall be replaced by the following:
               ‘3.   The orders mentioned in this Article, including later amendments, shall be established in accordance with the procedure established in Article 12 of the Europol Convention.’;

               3.

               Article 7 shall be amended as follows:

                           (a)

                           in paragraph 1, the fourth subparagraph shall be replaced by the following:
                           ‘The review of the need for the continuation of an analysis work file in accordance with Article 12(4) of the Europol Convention shall be carried out by the participants in the analysis. On the basis of this review, a decision shall be taken by the Director on the continuation or closure of the file. The Director shall inform the Management Board of his decision.’;

                           (b)

                           paragraph 3 shall be replaced by the following:
                           ‘3.   Personal data may not be retained for a period longer than that mentioned in Article 12(4) of the Europol Convention. Where, as a consequence of the continuation of the analysis file, data concerning persons as referred to in Article 6(3) to (6) are stored in a file for a period exceeding five years, the Joint Supervisory Body shall be informed accordingly.’;

               4.

               Article 12 shall be amended as follows:

                           (a)

                           in paragraph 2, the first subparagraph shall be deleted and the text of the second subparagraph shall be preceded by the number ‘2.’;

                           (b)

                           paragraph 3 shall be replaced by the following:
                           ‘3.   Analysis activities and the dissemination of analysis results may begin immediately after the analysis file has been opened in accordance with Article 12(1) of the Europol Convention. Should the Management Board instruct the Director of Europol to amend an opening order or close the file, data which may not be included in the file or, if the file is to be closed, all data contained in that file, shall be deleted immediately.’;

               5.

               The following Article shall be inserted:
               ‘Article 12a
               Participants in an analysis project within the meaning of Article 10(2) of the Europol Convention shall only be authorised to retrieve data after they have been accredited by Europol and undergone training on their specific obligations under the Europol legal framework.’;

               6.

               Article 15(4) and (5) shall be deleted.

         Article 2
   This Decision shall enter into force on the first day following its publication in the Official Journal of the European Union.

      Done at Luxembourg, 15 October 2007.

            For the Council

            The President

         L. AMADO

      (1)  OJ C 316, 27.11.1995, p. 2. Convention as last amended by the Protocol drawn up on the basis of Article 43(1) of the Convention on the Establishment of a European Police Office (Europol Convention), amending that Convention (OJ C 2, 6.1.2004, p. 3).

      (2)  Opinion of 4 September 2007 (not yet published in the Official Journal).

      (3)  OJ C 26, 30.1.1999, p. 1. Act as last amended by the Council Act of 19 December 2002 amending the Staff Regulations applicable to Europol employees (OJ C 24, 31.1.2003, p. 1).


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31990D0133

90/133/EEC: Council Decision of 26 February 1990 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Swiss Confederation in the field of medical and health research

Official Journal L 074 , 20/03/1990 P. 0032

COUNCIL DECISION of 26 February 1990 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Swiss Confederation in the field of medical and health research (90/133/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130q (2) thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas by Decision 87/551/EEC (4), the Council adopted a research and development coordination programme of the Community in the field of medical and health research (1987 to 1991); whereas Article 7 (2) of that Decision authorizes the Commission to  negotiate Agreements with the non- member States participating in European cooperation in the field of scientific and technical research (COST) with a view to associating them wholly or partly with that programme;  Whereas by Decision 87/177/EEC (5), the Council approved the conclusion on behalf of the European Economic Community of the Framework Agreement for scientific and technical cooperation between the European Communities and, among others, the Swiss  Confederation;  Whereas the Cooperation Agreement between the European Economic Community and the Swiss Confederation in the field of medical and health research should be approved,  HAS DECIDED AS FOLLOWS:    Article 1 The Cooperation Agreement between the European Economic Community and the Swiss Confederation in the field of medical and health research is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2 The President of the Council shall carry out, on behalf of the Community, the notification as provided for in Article 7 of the Agreement (6).   Done at Brussels, 26 February 1990.  For the Council The President M. SMITH   (1) OJ No C 223, 30. 8. 1989, p. 9. (2) OJ No C 304, 4. 12. 1989, p. 32 and Decision of 14 February 1990 (not yet published in the Official Journal). (3) OJ No C 56, 7. 3. 1990. (4) OJ No L 334, 24. 11. 1987, p. 20. (5) OJ No L 71, 14. 3. 1987, p. 29. (6) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


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32001D0461

2001/461/EC: Commission Decision of 15 June 2001 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Estonia in the pre-accession period (notified under document number C(2001) 1649)

Official Journal L 162 , 19/06/2001 P. 0019 - 0020

Commission Decisionof 15 June 2001conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Estonia in the pre-accession period(notified under document number C(2001) 1649)(2001/461/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/1989(1), and in particular Article 12(2) thereof,Having regard to the Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period(2), and in particular Article 3(2) thereof,Whereas:(1) In accordance with Article 4(5) of Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the Applicant Countries of central and eastern Europe in the pre-accession period(3), a Programme for Agriculture and Rural Development was approved by Commission Decision C(2000) 3321 final on 17 November 2000 for the Republic of Estonia.(2) The government of the Republic of Estonia and the Commission, acting on behalf of the European Community, have signed on 25 January 2001 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the execution of the SAPARD Programme.(3) Regulation (EC) No 1266/1999 provides that the ex-ante approval requirement referred to in article 12(1) of Regulation (EC) No 1266/1999 may be waived on the basis of a case-by-case analysis of national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance; Regulation (EC) No 2222/2000 provides for detailed rules for the carrying out of said analysis.(4) The Competent authority of the Republic of Estonia has appointed, on the one hand, the Agricultural Registers and Information Board for the implementation of measures "Investment support in agricultural holdings"; "Investment support for improving the processing and marketing of agricultural and fishery products"; "Investment support for the development and diversification of economic activities" and "Investment support for the development and the improvement of rural infrastructure" as defined in the Programme for Agriculture and Rural Development that was approved by Commission Decision C(2000) 3321 final on 17 November 2000 for the Republic of Estonia and, on the other, the Ministry of Finance, National Fund Department for the financial functions it is due to perform in the framework of the implementation of the SAPARD programme.(5) Pursuant to Regulation (EC) No 1266/1999 and Regulation (EC) No 2222/2000, the Commission has analysed the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance and has established that for the implementation of the aforementioned measures, the Republic of Estonia complies with the provisions of Articles 4 to 6 and of the Annex to the Regulation (EC) No 2222/2000, with the minimum conditions set out in the Annex to the Regulation (EC) No 1266/1999; in particular, the Agricultural Registers and Information Board has implemented the following key accreditation criteria satisfactorily: written procedures, segregation of duties, pre-project approval and pre-payment checks, payment procedures, accounting procedures, computer security and internal audit; the Ministry of Finance, National Fund Department has implemented the following criteria satisfactorily: audit trail, treasury management, receipt of funds, disbursement to the Agricultural Registers and Information Board, computer security and internal audit.(6) It is therefore appropriate to waive the ex-ante approval requirement referred to in article 12(1) of Regulation (EC) No 1266/1999 and to confer on the Agricultural Registers and Information Board and the Ministry of Finance, National Fund Department in the Republic of Estonia the management of aid on a decentralised basis.(7) However, since the verifications carried out by the Commission are based on an operational but not operating system and that it is therefore appropriate to confer the management of the SAPARD Programme on the Agricultural Registers and Information Board and on the Ministry of Finance, National Fund Department on a provisional basis, so that full conferral of management of the SAPARD Programme is only envisaged after further verifications in order to ensure that the system operates satisfactorily have been carried out and after any recommendations the Commission may issue, with regard to the conferral of management of aid on the Agricultural Registers and Information Board and on the Ministry of Finance, National Fund Department, have been implemented,HAS ADOPTED THIS DECISION:Article 1The requirement of ex-ante approval by the Commission of project selection and contracting by the Republic of Estonia is hereby waived.Article 2Management of the SAPARD Programme is conferred on a provisional basis to the Agricultural Registers and Information Board, Kreutzwaldi Str. 1, 51014 Tartu, Republic of Estonia for the implementation of measures "Investment support in agricultural holdings"; "Investment support for improving the processing and marketing of agricultural and fishery products"; "Investment support for the development and diversification of economic activities" and "Investment support for the development and the improvement of rural infrastructure" as defined in the Programme for Agricultural and Rural Development that was approved by Commission Decision C(2000) 3321 final on 17 November 2000 and to the Ministry of Finance, National Fund Department, Suur-Ameerika 1, 15006, Tallinn, Republic of Estonia, for the financial functions it is due to perform in the framework of the implementation of the SAPARD programme for the Republic of Estonia.Done at Brussels, 15 June 2001.For the CommissionFranz FischlerMember of the Commission(1) OJ L 161, 26.6.1999, p. 68.(2) OJ L 253, 7.10.2000, p. 5.(3) OJ L 161, 26.6.1999, p. 87.


title: 2010/624/EU: Decision of the European Central Bank of 14 October 2010 concerning the administration of the borrowing and lending operations concluded by the Union under the European financial stabilisation mechanism (ECB/2010/17)

text:
               20.10.2010

               EN

               Official Journal of the European Union

               L 275/10

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 14 October 2010
   concerning the administration of the borrowing and lending operations concluded by the Union under the European financial stabilisation mechanism
   (ECB/2010/17)
   (2010/624/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 122(2) and 132(1) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 17 and 21 and Article 34.1 thereof,
   Having regard to Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism (1), and in particular Article 8 thereof,
   Whereas:

               (1)

               Regulation (EU) No 407/2010 provides for possible Union financial assistance to Member States which are experiencing, or are seriously threatened with, a severe economic or financial disturbance caused by exceptional occurrences beyond their control in the form of loans or credit lines to be granted by a decision of the Council of the European Union.

               (2)

               According to Article 8 of Regulation (EU) No 407/2010 the European Commission will establish the necessary arrangements for the administration of the loans with the European Central Bank (ECB). The payments of principal and interest due under the loans will be transferred by the beneficiary Member State to an account with the ECB 14 TARGET2 business days prior to the corresponding due date.

               (3)

               In order to fulfil the tasks intended for the ECB under Regulation (EU) No 407/2010, the ECB considers it appropriate to open specific accounts, upon request, for the Commission and for national central banks of beneficiary Member States,

         HAS ADOPTED THIS DECISION:
   Article 1
   The ECB shall perform the tasks in relation to the administration of loans, and shall effect payments connected with the Union’s borrowing and lending operations under the European financial stabilisation mechanism, as stipulated in Regulation (EU) No 407/2010.
   Article 2
   The ECB shall, upon request of the Commission, open accounts in the name of the Commission and, upon request of a national central bank of a beneficiary Member State, open accounts in the name of such national central bank.
   Article 3
   The accounts referred to in Article 2 shall be used to process payments in connection with the European financial stabilisation mechanism for the benefit of Member States.
   Article 4
   The ECB shall pay interest on the balance standing overnight to the credit of such accounts in an amount equivalent to the applicable ECB deposit facility rate on an actual/360 basis.
   Article 5
   The ECB’s Executive Board shall make all the arrangements necessary to give effect to this Decision.
   Article 6
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 14 October 2010.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 118, 12.5.2010, p. 1.


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31983Y0121

Decision No 121 of 21 April 1983 concerning the interpretation of Article 17 (7) of Regulation (EEC) No 574/72 relating to the granting of prostheses, major appliances and other substantial benefits in kind

Official Journal C 193 , 20/07/1983 P. 0010 - 0010 Spanish special edition: Chapter 05 Volume 5 P. 0052  Portuguese special edition Chapter 05 Volume 5 P. 0052

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS DECISION No 121 of 21 April 1983 concerning the interpretation of Article 17 (7) of Regulation (EEC) No 574/72 relating to the granting of prostheses, major appliances and other substantial benefits in kind  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 under which it is made responsible for dealing with all questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,  Having regard to Article 17 (7) of Regulation (EEC) No 574/72 of the Council of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71, as last amended by Regulation (EEC) No 2793/81 of the Council of 17 September 1981,  Whereas it is essential to know whether the provision of Article 17 (7) of Regulation (EEC) No 574/72, under which the granting of benefits in kind, in the case provided for by Decision No 116, by the institution of the place of residence may form the subject of a reasoned objection by the competent institution and whether it has the effect of making the extent of those benefits dependent upon the provisions of the legislation of the competent country when there is no aboslute urgency;  Whereas by stipulating in paragraph 1 (a) that benefits in kind in the territory of the country of residence shall be provided by the institution of the place of residence in accordance with the provisions of the legislation applied by that institution, Article 19 of Regulation (EEC) No 1408/71 clearly defines the area of intervention of the legislation of the competent country in the provision of benefits in kind;  Whereas, in consequence, provision is made under Article 17 (7) of Regulation (EEC) No 574/72, for reasoned objection to be raised by the competent institution, that institution cannot object to the granting of a benefit deriving from implementation of the legislation of the country of residence because that benefit is not provided for by the legislation which it applies;  Whereas Article 17 (7) aims, however, at enabling the competent institution, when bearing the cost of actual expenditure incurred in providing benefits in kind by the institution of the place of residence, to exercise control over the granting of costly benefits in order to avoid abuses ; whereas it is advisable to specify the criteria on which that institution should base its objection, after deliberation in the light of the conditions laid down in Article 80 (3) of Regulation (EEC) No 1408/71,  HAS DECIDED:     1. The extent of the benefits referred to in Article 17 (7) of Regulation (EEC) No 574/72 shall be determined only by the provisions of the legislation applied by the institution of the place residence.       2. In the case provided for by Decision No 116, when there is no absolute urgency, the competent institution, in view of the possibility of objection to the granting of a benefit in kind, shall in particular assess the advisability from the medical viewpoint of granting such a benefit, particularly when it has already provided a similar benefit.       3. This Decision shall apply by analogy for the interpretation of the provision of Article 60 (6) of Regulation (EEC) No 574/72.       4. This Decision replacing Decision No 82 of 22 February 1973, shall be published in the Official Journal of the European Communities. It shall enter into force on 1 January 1983.          The Chairman of the Administrative Commission  H. KAUPPER


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31999D0786

1999/786/EC: Council Decision of 29 November 1999 granting a Community guarantee to the European Investment Bank (EIB) against losses under loans for projects for the reconstruction of the earthquake-stricken areas of Turkey

Official Journal L 308 , 03/12/1999 P. 0035 - 0037

COUNCIL DECISIONof 29 November 1999granting a Community guarantee to the European Investment Bank (EIB) against losses under loans for projects for the reconstruction of the earthquake-stricken areas of Turkey(1999/786/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament,Whereas:(1) The Turkish areas of Kocaeli, Sakarya, Bolu and Yalova were seriously stricken by an earthquake in August 1999 and its recent aftershocks;(2) The General Affairs Council of 13 September 1999 concluded that: "it looks forward to early consideration of new and substantial assistance for rehabilitation and reconstruction to come from the EIB lending as well as macrofinancial assistance and MEDA II, from which Turkey should benefit substantially"; the Council also underlined the importance of mobilising assistance as quickly as possible;(3) Further to the General Affairs Council of 13 September 1999, the Ecofin Council of 8 October 1999 concluded that: "the Council invites the Commission to put forward a timely proposal for a Council Decision for a Community guarantee to the EIB against losses under loans for the reconstruction of the earthquake-affected areas of Turkey to allow the adoption of the Decision by the Council possibly by the end of November 1999, along the following lines: an overall ceiling of EUR 600 million for the credits to be opened for reconstruction in Turkey over three years, and the above ceiling to be exclusively available for the financing of investment projects to be carried out for the replacement, rehabilitation or reconstruction of infrastructural or industrial installations affected by the earthquake of August 1999 in Turkey"; on 8 November 1999 the Ecofin Council confirmed the urgency of the adoption of this Decision; for these reasons of urgency it has not been possible to respect the normal time limit of six weeks for the full information by Member States of their national Parliaments in accordance with the Protocol on the role of national Parliaments in the European Union, attached to the Treaty of Amsterdam modifying the Treaty of the European Union;(4) Therefore, loans extended under the special EIB lending facility for the reconstruction of Turkey guaranteed by this Decision are exclusively aimed at the replacement, reconstruction or rehabilitation of damaged surface and subsurface infrastructure, industrial installations and SMEs, as well as urban infrastructure and housing affected by the earthquake;(5) On 31 October 1994, the Council adopted Regulation (EC, Euratom) No 2728/94 establishing a Guarantee Fund for external actions(1);(6) The EIB is at present completing the loan programmes for Central and Eastern Europe, the Mediterranean region, Asia and Latin America and the Republic of South Africa under the current EIB external lending mandates pursuant to Decision 97/256/EC(2); on 23 April 1999, the Commission put forward its proposal on the renewal of the general EIB external lending mandate for the period following the expiry of the current mandate; regarding the renewal of the general mandate, the Council on 12 July 1999 agreed, subject to the opinion of the European Parliament, to a guarantee rate of 65 %, a guaranteed annual amount of EUR 2630 million, and a duration for a new mandate of seven years, with a review on first accession or at the latest after four and a half years, whichever is the earlier;(7) The EIB has established lending operations in Turkey since 1965 and, through its existing operations, regular contacts with the relevant Turkish authorities as well as the international financial institutions active in Turkey;(8) In June 1996, the Commission, in agreement with the EIB, presented to the Council a proposal for a new guarantee system for EIB lending to third countries;(9) On 2 December 1996, the Council approved conclusions on new guarantee arrangements for EIB lending to third countries, according to which the approach of a global guarantee, without distinguishing between regions and projects, is approved and a risk-sharing scheme accepted; under the risk-sharing scheme the EIB should secure adequate non-sovereign third-party guarantees for commercial risks, with the budgetary guarantee in that case covering only political risks;(10) The global guarantee covering the general EIB external lending mandate laid down in Decision 97/256/EC and which is intended to be renewed by a successor decision should also apply to the special EIB-lending facility for the reconstruction of Turkey as laid down by the current Decision; credits opened under the current Decision should, as from the entry into force of the relevant successor decision, benefit from the global guarantee under that successor decision;(11) In view of the special nature of the projects to be financed, the EIB under this Decision should not be obliged to seek risk-sharing through non-governmental guarantees;(12) The EIB in the selection of the investment projects to be financed, should consult the appropriate Turkish authorities; the EIB should coordinate its investment priorities and its individual operations with the other international financial institutions active in the affected regions of Turkey and where appropriate, the EIB should arrange co-financing with other international financial institutions;(13) EIB financing under this Decision should be managed, in accordance with the EIB's usual criteria and procedures including appropriate control measues as well as with the relevant rules and procedures concerning audit by the Court of Auditors and cooperation with the European Anti-Fraud Office (OLAF), in such a way as to support prompt and effective replacement, rehabilitation or reconstruction of infrastructural and industrial installations affected by the earthquake; there is regular consultation between the EIB and the Commission to ensure coordination of priorities and activities in this part of Turkey and to measure progres towards the fulfilment of the objective of this Decision; the setting and periodic review of the operational objectives and the measurement of their fulfilment are the responsibility of the EIB's Board of Directors;(14) The EIB and the Commission should fix the terms on which the guarantee is to be given;(15) The Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,HAS DECIDED AS FOLLOWS:Article 1ObjectiveThe Community shall grant the European Investment Bank (hereinafter referred to as "the EIB") a global guarantee in respect of all payments not received by it but due in respect of credits opened, in accordance with its usual criteria, for investment projects carried out for the replacement, rehabilitation or reconstruction of surface and subsurface infrastructure, industrial installations and SMEs as well as urban infrastructure and housing affected by the earthquake of August 1999 in Turkey and its recent aftershocks.Article 2Ceiling and conditions1. The overall ceiling of the credits opened shall be EUR 600 million or the equivalent thereof.2. The Community guarantee with respect to credits opened by the EIB under this Decision up to and until the entry into force of the successor decision to Decision 97/256/EC shall take the form of an extension of the global guarantee granted to the EIB under the general external lending mandate, as laid down in Decision 97/256/EC.As of the entry into force of the successor decision, the Community guarantee covering any subsequent and additional credits opened by the EIB under this Decision shall form an extension of the global guarantee granted in the successor decision.The extension of the guarantee, whether under Decision 97/256/EC or its successor decision, shall be restricted to 65 % of the aggregate amount of credits opened under this Decision, plus all related sums.3. For the purposes of lending under this Decision, the EIB shall exceptionally not be obliged to seek non-governmental guarantees to cover commercial risk.Article 3ReportingThe Commission shall inform the European Parliament and the Council each year of the loan operations carried out under this Decision and shall, at the same time, submit an assessment of the implementation of this Decision and of coordination between the international financial institutions involved in the reconstruction effort in Turkey. The Commission information submitted to the European Parliament and the Council shall include an assessment of the contribution of the lending under this Decision to the replacement, rehabilitation or reconstruction of infrastructual and industrial installations affected by the earthquake, taking into account the operational objectives and appropriate measurements of their fulfilment to be established by the EIB for lending under this Decision. For these purposes, the EIB shall transmit to the Commission the appropriate information.Article 4DurationThe present guarantee shall cover loans signed during a period of three years from the date of adoption of this Decision. If, on expiry of those three years, the loans signed by the EIB have not attained the overall ceiling referred to in Article 2, this period shall be automatically extended by six months.Article 5Final provisions1. The EIB and the Commission shall fix the terms on which the guarantee is to be given.2. This Decision shall be published in the Official Journal of the European Communities.It shall take effect on the day of its adoption.Done at Brussels, 29 November 1999.For the CouncilThe PresidentS. NIINISTÖ(1) OJ L 293, 12.11.1994, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1149/1999 (OJ L 139, 2.6.1999, p. 1).(2) Council Decision 97/256/EC of 14 April 1997 granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (central and eastern Europe an countries, Mediterranean countries, Latin American and Asian countries, South Africa, the former Yugoslav Republic of Macedonia and Bosnia and Herzegovina) (OJ L 102, 19.4.1997, p. 33). Decision as last amended by Decision 98/729/EC (OJ L 346, 22.12.1998, p. 54).


Avis juridique important

|

31981D0594

81/594/EEC: Council Decision of 27 July 1981 on the granting of food aid in cereals to Madagascar and Mauritius

Official Journal L 219 , 05/08/1981 P. 0014 - 0014

****( 1 ) OJ NO L 141 , 27 . 5 . 1981 , P . 37 .    COUNCIL DECISION   OF 27 JULY 1981   ON THE GRANTING OF FOOD AID IN CEREALS TO MADAGASCAR AND MAURITIUS  ( 81/594/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS BY ITS DECISION 81/367/EEC ( 1 ) THE COUNCIL , IN THE CONTEXT OF THE 1981 CEREALS FOOD-AID PROGRAMME , RESERVED CERTAIN QUANTITIES OF CEREALS FOR EMERGENCY OPERATIONS AND OTHER UNFORESEEN SITUATIONS ;   WHEREAS A CERTAIN QUANTITY OF CEREALS IS STILL AVAILABLE UNDER THAT RESERVE ;   WHEREAS THE COMMUNITY HAS RECEIVED CERTAIN REQUESTS FOR EMERGENCY FOOD AID ;   WHEREAS THE COMMUNITY SHOULD RESPOND FAVOURABLY TO THOSE REQUESTS ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   EMERGENCY FOOD AID IN CEREALS FROM THE RESERVE OF THE 1981 PROGRAMME FOR CEREAL FOOD AID SHALL BE ALLOCATED AS FOLLOWS :    //   // RECEPIENT  //  QUANTITY //  DELIVERY TERMS //  // MADAGASCAR //  6 000 TONNES //  FOB // MAURITIUS //  2 000 TONNES //  FOB //   DONE AT BRUSSELS , 27 JULY 1981 .   FOR THE COUNCIL   THE PRESIDENT   P . WALKER


Avis juridique important

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31968D0362

Council Decision of 15 October 1968 concluding an Agreement with Australia, negotiated under Article XXVIII, Paragraph 5 of GATT

Official Journal L 258 , 21/10/1968 P. 0009 Danish special edition: Series II Volume I(2) P. 0138  English special edition: Series II Volume I(2) P. 0222

++++COUNCIL DECISION  OF 15 OCTOBER 1968  ON THE CONCLUSION OF AN AGREEMENT WITH AUSTRALIA NEGOTIATED UNDER ARTICLE XXVIII ( 5 ) OF GATT   ( 68/362/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 111 , 114 AND 228 THEREOF ;  HAVING REGARD TO THE COMMON CUSTOMS TARIFF OF THE EUROPEAN COMMUNITIES ;  HAVING REGARD TO THE COUNCIL DECISION OF 5 DECEMBER 1961 ;  HAVING REGARD TO THE REPORT FROM THE COMMISSION ;  WHEREAS , IN ACCORDANCE WITH ARTICLE XXVIII ( 5 ) OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE , AUSTRALIA HAS NOTIFIED ITS WISH TO WITHDRAW CONCESSIONS AFFECTING THE EUROPEAN ECONOMIC COMMUNITY ; WHEREAS THAT WITHDRAWAL HAS BEEN THE SUBJECT OF NEGOTIATIONS FOR COMPENSATORY ADJUSTMENT ;  WHEREAS THE CONCESSIONS OFFERED BY AUSTRALIA IN COMPENSATION FOR THOSE WITHDRAWN ARE SATISFACTORY ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE AGREEMENT NEGOTIATED WITH AUSTRALIA UNDER ARTICLE XXVIII ( 5 ) OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE IS CONCLUDED ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY , THE TEXT OF THE AGREEMENT BEING ANNEXED TO THIS DECISION .  ARTICLE 2  THE CONTRACTING PARTIES TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE SHALL BE NOTIFIED OF THE CONCLUSION OF THIS AGREEMENT .  DONE AT LUXEMBOURG , 15 OCTOBER 1968 .  FOR THE COUNCIL  THE PRESIDENT  G . SEDATI  ANNEX : SEE O.J .


title: Council Decision of 25 February 1975 on the conclusion of Agreements on cane sugar, in the form of exchanges of letters, between the Community and Barbados, the People's Republic of the Congo, Fiji, the Republic of Guyana, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, Mauritius, the Kingdom of Swaziland, the United Republic of Tanzania, Trinidad and Tobago, and the Republic of Uganda

text:
No L 268 / 38                        Official Journal of the European Communities                            17 . 10 . 75
                                                             II
                                         (Acts whose publication is not obligatory)
                                                    COUNCIL
                                                 COUNCIL DECISION
                                                   of 25 February 1975
              on the conclusion of Agreements on cane sugar, in the form of exchanges of
              letters , between the Community and Barbados, the People's Republic of the
              Congo, Fiji, the Republic of Guyana, Jamaica, the Republic of Kenya, the Repu
              blic of Madagascar, the Republic of Malawi, Mauritius, the Kingdom of Swazi
              land, the United Republic of Tanzania, Trinidad and Tobago, and the Republic
                                                        of Uganda
                                                       (75/61 3/ EEC)
THE COUNCIL OF THE EUROPEAN                                       HAS DECIDED AS FOLLOWS :
COMMUNITIES,                                                                             Article 1
Having regard to the Treaty establishing the European             Agreements on cane sugar in the form of exchanges
Economic Community, and in particular Article 113                 of letters between the Community and Barbados, the
thereof ;                                                         People's Republic of the Congo, Fiji, the Republic of
Having regard to the recommendation from the                      Guyana, Jamaica, the Republic of Kenya, the Repu
Commission ;                                                      blic of Madagascar, the Republic of Malawi, Mauritius,
                                                                  the Kingdom of Swaziland, the United Republic of
Whereas the convention between the European                       Tanzania, Trinidad, Tobago and the Republic of
Economic Community and the ACP States is to be                    Uganda are concluded on behalf of the Community.
signed on 28 February 1975 at Lome ; whereas a                    The texts of these Agreements are annexed to this
Protocol on cane sugar originating in the ACP States              Decision .
that produce and export cane sugar, that is to say
Barbados, the People's Republic of the Congo, Fiji,                                      Article 2
the Republic of Guyana, Jamaica, the Republic of                  The President of the Council is authorized to desig
Kenya, the Republic of Madagascar, the Republic of                nate the person empowered to sign the Agreements
Malawi , Mauritius, the Kingdom of Swaziland, the                 referred to in Article 1 and to confer on him the
United Republic of Tanzania, Trinidad and Tobago                  powers required in order to bind the Community.
and the Republic of Uganda (') is an integral part of
the aforementioned Convention ;
                                                                  Done at Brussels, 25 February 1975.
Whereas it is desirable , pending the entry into force
                                                                                For the Council
of the convention , for the Community and the above
mentioned states to agree, by means of Agreements in                                           The President
the form of exchanges of letters, to apply the arrange
 ments laid down in this Protocol ,                                                           G. FITZGERALD
(') See p. 41 of this Official Journal .


title: 2013/395/CFSP: Council Decision 2013/395/CFSP of 25 July 2013 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2012/765/CFSP

text:
               26.7.2013

               EN

               Official Journal of the European Union

               L 201/57

         COUNCIL DECISION 2013/395/CFSP
   of 25 July 2013
   updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2012/765/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).

               (2)

               On 10 December 2012, the Council adopted Decision 2012/765/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (2).

               (3)

               In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to carry out a complete review of the list of persons, groups and entities to which Decision 2012/765/CFSP applies.

               (4)

               This Decision sets out the result of the review that the Council has carried out in respect of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

               (5)

               The Council has concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein.

               (6)

               The Council has further determined that an additional group has been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP, that a decision has been taken with respect to that group by a competent authority within the meaning of Article 1(4) of that Common Position, and that it should be added to the list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply. The decision to designate the group does not affect legitimate financial transfers to Lebanon and the delivery of assistance, including humanitarian assistance, from the European Union and its Member States in Lebanon.

               (7)

               The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly, and Decision 2012/765/CFSP should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply shall be that set out in the Annex to this Decision.
   Article 2
   Decision 2012/765/CFSP is hereby repealed.
   Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 25 July 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 344, 28.12.2001, p. 93.

      (2)  OJ L 337, 11.12.2012, p. 50.

      ANNEX

         List of persons, groups and entities referred to in Article 1

      1.   PERSONS

                  1.

                  ABDOLLAHI Hamed (a.k.a Mustafa Abdullahi), born August 11, 1960 in Iran. Passport: D9004878.

                  2.

                  AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia.

                  3.

                  AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia.

                  4.

                  ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born March 6 or 15, 1955 in Iran. Iranian and US national. Passport: C2002515 (Iran); Passport: 477845448 (USA). National ID no.: 07442833, expiry date 15 March 2016 (USA driving licence).

                  5.

                  BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) – member of the "Hofstadgroep".

                  6.

                  FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra".

                  7.

                  IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon.

                  8.

                  MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555.

                  9.

                  SHAHLAI Abdul Reza (a.k.a Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran.

                  10.

                  SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran.

                  11.

                  SOLEIMANI Qasem (a.k.a Ghasem Soleymani, a.k.a Qasmi Sulayman, a.k.a Qasem Soleymani, a.k.a Qasem Solaimani, a.k.a Qasem Salimani, a.k.a Qasem Solemani, a.k.a Qasem Sulaimani, a.k.a Qasem Sulemani), born March 11, 1957 in Iran. Iranian national. Passport: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

            2.   GROUPS AND ENTITIES

                  1.

                  "Abu Nidal Organisation" – "ANO" (a.k.a. "Fatah Revolutionary Council", a.k.a. "Arab Revolutionary Brigades", a.k.a. "Black September", a.k.a. "Revolutionary Organisation of Socialist Muslims").

                  2.

                  "Al-Aqsa Martyrs' Brigade".

                  3.

                  "Al-Aqsa e.V.".

                  4.

                  "Al-Takfir" and "Al-Hijra".

                  5.

                  "Babbar Khalsa".

                  6.

                  "Communist Party of the Philippines", including "New People's Army" – "NPA", Philippines.

                  7.

                  "Gama'a al-Islamiyya" (a.k.a. "Al-Gama'a al-Islamiyya") ("Islamic Group" – "IG").

                  8.

                  "İslami Büyük Doğu Akıncılar Cephesi" – "IBDA-C" ("Great Islamic Eastern Warriors Front").

                  9.

                  "Hamas", including "Hamas-Izz al-Din al-Qassem".

                  10.

                  "Hizballah Military Wing" (a.k.a. "Hezbollah Military Wing", a.k.a. "Hizbullah Military Wing", a.k.a. "Hizbollah Military Wing", a.k.a. "Hezballah Military Wing", a.k.a. "Hisbollah Military Wing", a.k.a. "Hizbu'llah Military Wing" a.k.a. "Hizb Allah Military Wing", a.k.a. "Jihad Council" (and all units reporting to it, including the External Security Organisation))

                  11.

                  "Hizbul Mujahideen" – "HM".

                  12.

                  "Hofstadgroep".

                  13.

                  "Holy Land Foundation for Relief and Development".

                  14.

                  "International Sikh Youth Federation" – "ISYF".

                  15.

                  "Khalistan Zindabad Force" – "KZF".

                  16.

                  "Kurdistan Workers' Party" – "PKK", (a.k.a. "KADEK", a.k.a. "KONGRA-GEL").

                  17.

                  "Liberation Tigers of Tamil Eelam" – "LTTE".

                  18.

                  "Ejército de Liberación Nacional" ("National Liberation Army").

                  19.

                  "Palestinian Islamic Jihad" – "PIJ".

                  20.

                  "Popular Front for the Liberation of Palestine" – "PFLP".

                  21.

                  "Popular Front for the Liberation of Palestine – General Command" (a.k.a. "PFLP – General Command").

                  22.

                  "Fuerzas armadas revolucionarias de Colombia" – "FARC" ("Revolutionary Armed Forces of Colombia").

                  23.

                  "Devrimci Halk Kurtuluș Partisi-Cephesi" – "DHKP/C" (a.k.a. "Devrimci Sol" ("Revolutionary Left"), a.k.a. "Dev Sol") ("Revolutionary People's Liberation Army/Front/Party").

                  24.

                  "Sendero Luminoso" – "SL" ("Shining Path").

                  25.

                  "Stichting Al Aqsa" (a.k.a. "Stichting Al Aqsa Nederland", a.k.a. "Al Aqsa Nederland").

                  26.

                  "Teyrbazen Azadiya Kurdistan" – "TAK" (a.k.a. "Kurdistan Freedom Falcons", a.k.a. "Kurdistan Freedom Hawks").