title: Council Decision (CFSP) 2015/818 of 26 May 2015 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya

text:
               27.5.2015

               EN

               Official Journal of the European Union

               L 129/13

         COUNCIL DECISION (CFSP) 2015/818
   of 26 May 2015
   amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 28 February 2011, the Council adopted Decision 2011/137/CFSP (1).

               (2)

               The Council has since that date repeatedly expressed grave concern about the deteriorating situation in Libya and, in particular, the widespread violence and instability.

               (3)

               On 27 August 2014, the United Nations Security Council adopted Resolution (UNSCR) 2174 (2014), following its earlier Resolutions on Libya since UNSCR 1970 (2011). UNSCR 2174 (2014) condemns the ongoing fighting by armed groups and incitement to violence in Libya and introduces further restrictive measures against persons and entities engaged in or providing support for acts that threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition.

               (4)

               On 6 March 2015, the Council adopted Decision (CFSP) 2015/382 (2) extending the application of the travel restrictions and asset freeze measures for persons and entities listed in Annexes II and IV to Decision 2011/137/CFSP to persons and entities engaged in or providing support for acts that threaten the peace, stability or security of Libya, or obstructing or undermining the successful completion of its political transition.

               (5)

               On 16 March 2015, the Council concluded that Libya is at a crossroads. It recalled that only a political solution can provide a sustainable way forward and contribute to peace and stability in Libya and it referred inter alia to the importance of refraining from actions that can exacerbate current divisions.

               (6)

               The Council also condemned actions against Libya's national assets, financial institutions and natural resources, which risk depriving the Libyan people of the benefits of the sustainable development of their country.

               (7)

               On 27 March 2015, the United Nations Security Council adopted Resolution 2213 (2015), providing inter alia for certain amendments to the criteria for listing in relation to the travel restrictions and asset freeze measures.

               (8)

               The Security Council Committee established pursuant to UNSCR 1970 (2011) updated the list of persons and entities subject to travel restrictions and asset freeze measures.

               (9)

               The criteria for the application of the travel restrictions and asset freeze measures as set out in UNSCR 2213 (2015) should also extend to certain other persons and entities not covered by Annexes I or III to Decision 2011/137/CFSP.

               (10)

               A threat continues to be posed to the peace, stability or security of Libya and the successful completion of its political transition, inter alia through the exacerbation of current divisions by persons and entities identified as having been involved in the repressive policies of the former regime of Muammar QADHAFI in Libya, or otherwise formerly associated with that regime, and given that most of those persons or entities have not been held accountable for their actions.

               (11)

               A threat is also posed by persons and entities owning or controlling Libyan State funds misappropriated during the former regime of Muammar QADHAFI in Libya which could be used to threaten the peace, stability or security of Libya, or to obstruct or undermine the successful completion of its political transition.

               (12)

               In view of the gravity of the situation in Libya and having particular regard to the risks referred to above, the criteria for application of the travel restrictions and asset freeze measures for persons and entities listed in Annexes II and IV to Decision 2011/137/CFSP should be amended.

               (13)

               Decision 2011/137/CFSP should therefore be amended accordingly.

               (14)

               Further action by the Union is needed in order to implement certain of these amendments,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2011/137/CFSP is hereby amended as follows:

               (1)

               Article 5 is replaced by the following:
               ‘Article 5
               1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons designated and subjected to travel restrictions by the Security Council or by the Committee in accordance with paragraph 22 of UNSCR 1970 (2011), paragraph 23 of UNSCR 1973 (2011), paragraph 4 of UNSCR 2174 (2014) and paragraph 11 of UNSCR 2213 (2015), as listed in Annex I.
               2.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons:

                           (a)

                           involved in or complicit in ordering, controlling, or otherwise directing, the commission of serious human rights abuses against persons in Libya, including by being involved in or complicit in planning, commanding, ordering or conducting attacks, in violation of international law, including aerial bombardments, on civilian populations and facilities, or persons acting for or on their behalf or at their direction;

                           (b)

                           identified as having been involved in the repressive policies of the former regime of Muammar QADHAFI in Libya, or otherwise formerly associated with that regime, and who pose a continued risk to the peace, stability or security of Libya, or the successful completion of its political transition;

                           (c)

                           engaged in or providing support for acts that threaten the peace, stability or security of Libya, or obstructing or undermining the successful completion of its political transition, including by:

                                       (i)

                                       planning, directing, or committing acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in Libya;

                                       (ii)

                                       attacks against any air, land, or sea port in Libya, or against a Libyan State institution or installation, or against any foreign mission in Libya;

                                       (iii)

                                       providing support for armed groups or criminal networks through the illicit exploitation of crude oil or any other natural resources in Libya;

                                       (iv)

                                       threatening or coercing Libyan State financial institutions and the Libyan National Oil Company, or engaging in any action that may lead to or result in the misappropriation of Libyan State funds;

                                       (v)

                                       violating, or assisting in the evasion of, the provisions of the arms embargo in Libya established in UNSCR 1970 (2011) and Article 1 of this Decision;

                                       (vi)

                                       acting for or on behalf of or at the direction of listed persons or entities,

                           (d)

                           that own or control Libyan State funds misappropriated during the former regime of Muammar QADHAFI in Libya which could be used to threaten the peace, stability or security of Libya, or to obstruct or undermine the successful completion of its political transition;

                     as listed in Annex II.
               3.   Paragraphs 1 and 2 shall not oblige a Member State to refuse its own nationals entry into its territory.
               4.   Paragraph 1 shall not apply where the Committee determines that:

                           (a)

                           travel is justified on the grounds of humanitarian need, including religious obligation; or

                           (b)

                           an exemption would further the objectives of peace and national reconciliation in Libya and stability in the region.

                     5.   Paragraph 1 shall not apply where:

                           (a)

                           entry or transit is necessary for the fulfilment of a judicial process; or

                           (b)

                           a Member State determines on a case-by-case basis that such entry or transit is required to advance peace and stability in Libya and the Member State subsequently notifies the Committee within 48 hours after making such a determination.

                     6.   Paragraph 2 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

                           (a)

                           as a host country to an international intergovernmental organisation;

                           (b)

                           as a host country to an international conference convened by, or under the auspices of, the UN;

                           (c)

                           under a multilateral agreement conferring privileges and immunities; or

                           (d)

                           under the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (Vatican City State) and Italy.

                     7.   Paragraph 6 shall be considered as applying also in cases where a Member State is host country to the Organization for Security and Co-operation in Europe (OSCE).
               8.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 6 or 7.
               9.   Member States may grant exemptions from the measures imposed under paragraph 2 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted or hosted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Libya.
               10.   A Member State wishing to grant exemptions referred to in paragraph 9 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more Council members raise an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
               11.   Where, pursuant to paragraphs 6, 7, and 9, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I or II, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.’;

               (2)

               Article 6 is replaced by the following
               ‘Article 6
               1.   All funds, other financial assets and economic resources, owned or controlled, directly or indirectly, by persons and entities designated and subjected to an asset freeze by the Security Council or by the Committee in accordance with paragraph 22 of UNSCR 1970 (2011), paragraphs 19 and 23 of UNSCR 1973 (2011), paragraph 4 of UNSCR 2174 (2014) and paragraph 11 of UNSCR 2213 (2015), as listed in Annex III, shall be frozen.
               2.   All funds, other financial assets and economic resources, owned or controlled, directly or indirectly, by persons and entities:

                           (a)

                           involved in or complicit in ordering, controlling, or otherwise directing, the commission of serious human rights abuses against persons in Libya, including by being involved in or complicit in planning, commanding, ordering or conducting attacks, in violation of international law, including aerial bombardments, on civilian populations and facilities, or by the Libyan authorities, or by persons and entities that have violated or have assisted in violating the provisions of UNSCR 1970 (2011) or of this Decision, or by persons or entities acting for or on their behalf or at their direction, or by entities owned or controlled by them or by persons and entities listed in Annex III to this Decision;

                           (b)

                           identified as having been involved in the repressive policies of the former regime of Muammar QADHAFI in Libya, or otherwise formerly associated with that regime, and who pose a continued risk to the peace, stability or security of Libya, or the successful completion of its political transition;

                           (c)

                           engaged in or providing support for acts that threaten the peace, stability or security of Libya, or obstructing or undermining the successful completion of its political transition, including by:

                                       (i)

                                       planning, directing, or committing acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in Libya;

                                       (ii)

                                       attacks against any air, land, or sea port in Libya, or against a Libyan State institution or installation, or against any foreign mission in Libya;

                                       (iii)

                                       providing support for armed groups or criminal networks through the illicit exploitation of crude oil or any other natural resources in Libya;

                                       (iv)

                                       threatening or coercing Libyan State financial institutions and the Libyan National Oil Company, or engaging in any action that may lead to or result in the misappropriation of Libyan State funds;

                                       (v)

                                       violating, or assisting in the evasion of, the provisions of the arms embargo in Libya established in UNSCR 1970 (2011) and Article 1 of this Decision;

                                       (vi)

                                       acting for or on behalf of or at the direction of listed persons or entities;

                           (d)

                           that own or control Libyan State funds misappropriated during the former regime of Muammar QADHAFI in Libya which could be used to threaten the peace, stability or security of Libya, or to obstruct or undermine the successful completion of its political transition,

                     as listed in Annex IV, shall be frozen;
               3.   All funds, other financial assets and economic resources, owned or controlled, directly or indirectly, by the entities listed in Annex VI that are frozen as of 16 September 2011, shall remain frozen.
               4.   No funds, other financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons or entities referred to in paragraphs 1 and 2.
               5.   The prohibition on making funds, financial assets or economic resources available to persons or entities referred to in paragraph 2, in so far as it applies to port authorities, shall not prevent the execution, until 15 July 2011, of contracts concluded before 7 June 2011, with the exception of contracts relating to oil, gas and refined products.
               6.   Exemptions may be made for funds, financial assets and economic resources which are:

                           (a)

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

                           (b)

                           intended exclusively for payment for reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws; or

                           (c)

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

                     after notification by the Member State concerned to the Committee, where appropriate, of the intention to authorise access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification.
               7.   Exemptions may also be made for funds and economic resources which are:

                           (a)

                           necessary for extraordinary expenses, after notification by the Member State concerned to the Committee, where appropriate, and approval by the Committee; or

                           (b)

                           the subject of a judicial, administrative or arbitral lien or judgement, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement was entered before the date of adoption of UNSCR 1970 (2011), and is not for the benefit of a person or entity referred to in paragraph 1 or 2, after notification by the Member State concerned to the Committee, where appropriate.

                     8.   With regard to persons and entities listed in Annex IV, exemptions may also be made for funds and economic resources which are necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, the provision of electricity, humanitarian workers and related assistance, or evacuating foreign nationals from Libya.
               9.   With regard to entities referred to in paragraph 3, exemptions may also be made for funds, financial assets and economic resources provided that:

                           (a)

                           the Member State concerned has provided notice to the Committee of its intent to authorise access to funds, other financial assets, or economic resources, for one or more of the following purposes and in the absence of a negative decision by the Committee within five working days of such a notification:

                                       (i)

                                       humanitarian needs;

                                       (ii)

                                       fuel, electricity and water for strictly civilian uses;

                                       (iii)

                                       resuming Libyan production and sale of hydrocarbons;

                                       (iv)

                                       establishing, operating, or strengthening institutions of civilian government and civilian public infrastructure; or

                                       (v)

                                       facilitating the resumption of banking sector operations, including to support or facilitate international trade with Libya;

                           (b)

                           the Member State concerned has notified the Committee that those funds, other financial assets or economic resources shall not be made available to or for the benefit of the persons referred to in paragraphs 1, 2 and 3;

                           (c)

                           the Member State concerned has consulted in advance the Libyan authorities about the use of such funds, other financial assets, or economic resources; and

                           (d)

                           the Member State concerned has shared with the Libyan authorities the notification submitted pursuant to this paragraph and the Libyan authorities have not objected within five working days to the release of such funds, other financial assets, or economic resources.

                     10.   Paragraphs 1 and 2 shall not prevent a designated person or entity from making payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1, or 2 and after notification by the relevant Member State to the Committee, where appropriate, of the intention to make or receive such payments or to authorise the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorisation.
               11.   Paragraph 3 shall not prevent an entity referred to therein from making payment due under a contract entered into before the listing of such an entity under this Decision, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraphs 1, 2 and 3, and after notification by the relevant Member State to the Committee of the intention to make or receive such payments or to authorise the unfreezing of funds or other financial assets or economic resources for this purpose, 10 working days prior to such authorisation.
               12.   With regard to persons and entities listed in Annex IV, and by way of derogation from paragraph 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources provided the following conditions are met:

                           (a)

                           the funds or economic resources are subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 2 was listed in Annex IV or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;

                           (b)

                           the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

                           (c)

                           the decision is not for the benefit of a natural or legal person, entity or body listed in Annexes III or IV; and

                           (d)

                           recognising the decision is not contrary to public policy in the Member State concerned.

                     A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
               13.   Paragraph 4 shall not apply to the addition to frozen accounts of:

                           (a)

                           interest or other earnings due on those accounts;

                           (b)

                           payments due under contracts, agreements or obligations that arose before the date on which those accounts became subject to restrictive measures; or

                           (c)

                           payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned, with regard to persons and entities listed in Annex IV;

                     provided that any such interest, other earnings and payments continue to be subject to paragraphs 1 or 2.’;

               (3)

               Article 8, paragraph 1 is replaced by the following:
               ‘1.   The Council shall implement modifications to Annexes I, III, V and VI on the basis of the determinations made by the Security Council or by the Committee.’;

               (4)

               in Article 9, paragraph 2 is replaced by the following:
               ‘2.   Where the Council decides to subject a person or entity to the measures referred to in Articles 5(2) and 6(2) it shall amend Annexes II and IV accordingly.’;

               (5)

               Article 10 is replaced by the following:
               ‘Article 10
               1.   Annexes I, II, III, IV and VI shall include the grounds for listing of listed persons and entities concerned, as provided by the Security Council or by the Committee with regard to Annexes I, III and VI.
               2.   Annexes I, II, III, IV and VI shall also contain, where available, the information necessary to identify the persons or entities concerned, as provided by the Security Council or by the Committee with regard to Annexes I, III and VI. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annexes I, III and VI shall also include the date of designation by the Security Council or by the Committee.’;

               (6)

               in Article 12, paragraph 2 is replaced by the following:
               ‘2.   The measures referred to in Articles 5(2) and 6(2) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 8(2), that the conditions for their application are no longer met.’;

               (7)

               Annex I to Decision 2011/137/CFSP is replaced by Annex I to this Decision;

               (8)

               in Annex II to Decision 2011/137/CFSP, the title is replaced by the following:
               ‘List of persons referred to in Article 5(2)’;

               (9)

               Annex III to Decision 2011/137/CFSP is replaced by Annex II to this Decision;

               (10)

               in Annex IV to Decision 2011/137/CFSP, the title is replaced by the following:
               ‘List of persons and entities referred to in Article 6(2)’;

               (11)

               Annex III to this Decision is added as Annex VI to Decision 2011/137/CFSP.

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

      Done at Brussels, 26 May 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya (OJ L 58, 3.3.2011, p. 53).

      (2)  Council Decision (CFSP) 2015/382 of 6 March 2015 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya (OJ L 64, 7.3.2015, p. 38).

      ANNEX I

            ‘ANNEX I

               LIST OF PERSONS REFERRED TO IN ARTICLE 5(1)

            A.   Individuals

                        1.

                           Name: ABDULQADER MOHAMMED AL-BAGHDADI

                           Title: Dr Designation: Head of the Liaison Office of the Revolutionary Committees DOB:1 Jul. 1950POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: B010574 National identification no: na Address: Tunisia (Believed status/location: jail in Tunisia.) Listed on:26 Feb. 2011Other information: UN listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Believed status/location: deceased.
                        Al-Baghdadi was listed on 26 February 2011 by the UNSCR pursuant to paragraph 15 of resolution 1970 as “Head of the Liaison Office of the Revolutionary Committees”.

                              Additional information

                        Revolutionary Committees involved in violence against demonstrators.

                        2.

                           Name: ABDULQADER YUSEF DIBRI

                           Title: na Designation: Head of Muammar Qadhafi's personal security DOB: 1946 POB: Houn, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban).
                        Dibri was listed on 26 February 2011 pursuant to paragraph 15 of resolution 1970 as “Head of Muammar Qadhafi's personal security”.

                              Additional information:

                        Responsibility for regime security. History of directing violence against dissidents.

                        3.

                           Name: SAYYID MOHAMMED QADHAF AL-DAM

                           Title: na Designation: na DOB: 1948 POB: Sirte, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: UN listed pursuant to paragraph 15 of resolution 1970 (Travel Ban).
                        Qadhaf Al-dam was listed on 26 February 2011 pursuant to paragraph 15 of resolution 1970 as “Cousin of Muammar Qadhafi”.

                              Additional information

                        In the 1980s, Sayyid was involved in the dissident assassination campaign and allegedly responsible for several deaths in Europe. He is also thought to have been involved in arms procurement.

                        4.

                           Name: QUREN SALIH QUREN AL QADHAFI

                           Title: na Designation: Libyan Ambassador to Chad DOB: na POB: na Good quality a.k.a.: Akrin Saleh Akrin () Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Egypt Listed on:17 Mar. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban).
                        Al Qadhafi was listed on 17 March 2011 pursuant to paragraph 15 of resolution 1970 as “Libyan Ambassador to Chad” .

                              Additional information

                        Has left Chad for Sabha. Involved directly in recruiting and coordinating mercenaries for

                        5.

                           Name: AMID HUSAIN AL KUNI

                           Title: Colonel Designation: Governor of Ghat (South Libya) DOB: na POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Libya (Believed status/location: South Libya) Listed on:17 Mar. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban).

                              Additional information

                        Directly involved in recruiting mercenaries.

                        6.

                           Name: ABU ZAYD UMAR DORDA

                           Title: na Designation: a) Position: Director, External Security Organisation. b) Head of external intelligence agency. DOB: na POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Libya ((Believed status/location: in custody in Libya)) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze).

                              Additional information

                        Regime loyalist. Head of external intelligence agency.

                        7.

                           Name: ABU BAKR YUNIS JABIR

                           Title: Major General Designation: Position: Defence Minister. DOB: 1952 POB: Jalo, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). Believed status/location: deceased.

                              Additional information

                        Overall responsibility for actions of armed forces.

                        8.

                           Name: MATUQ MOHAMMED MATUQ

                           Title: na Designation: Position: Secretary for Utilities DOB: 1956 POB: Khoms, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). Believed status/location: unknown, believed captured.

                              Additional information

                        Senior member of regime. Involvement with the Revolutionary Committees. Past history of involvement in suppression of dissent and violence.

                        9.

                           Name: AISHA MUAMMAR MUHAMMED ABU MINYAR QADHAFI

                           Title: na Designation: na DOB: 1978 POB: Tripoli, Libya Good quality a.k.a.: Aisha Muhammed Abdul Salam (Passport number: 215215) Low quality a.k.a.: na Nationality: na Passport no: 428720 National identification no: na Address: Sultanate of Oman (Believed status/location: Sultanate of Oman) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze).

                              Additional information

                        Closeness of association with regime. Travelled in violation of paragraph 15 of resolution 1970, as described by the Panel of Experts on Libya in its 2013 Interim Report.

                        10.

                           Name: HANNIBAL MUAMMAR QADHAFI

                           Title: na Designation: na DOB:20 Sep. 1975POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: B/002210 National identification no: na Address: Algeria (Believed status/location: Algeria) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze).

                              Additional information

                        Closeness of association with regime.

                        11.

                           Name: KHAMIS MUAMMAR QADHAFI

                           Title: na Designation: na DOB: 1978 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). Believed status/location: deceased.

                              Additional information

                        Closeness of association with regime. Command of military units involved in repression of demonstrations.

                        12.

                           Name: MOHAMMED MUAMMAR QADHAFI

                           Title: na Designation: na DOB: 1970 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Sultanate of Oman (Believed status/location: Sultanate of Oman) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze).

                              Additional information

                        Closeness of association with regime.

                        13.

                           Name: MUAMMAR MOHAMMED ABU MINYAR QADHAFI

                           Title: na Designation: Leader of the Revolution, Supreme Commander of Armed Forces DOB: 1942 POB: Sirte, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: UN listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). Believed status/location: deceased.

                              Additional information

                        Responsibility for ordering repression of demonstrations, human rights abuses.

                        14.

                           Name: MUTASSIM QADHAFI

                           Title: na Designation: National Security Adviser DOB: 1976 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). Believed status/location: deceased.

                              Additional information

                        Closeness of association with regime.

                        15.

                           Name: SAADI QADHAFI

                           Title: na Designation: Commander Special Forces DOB: a)27 May 1973b)1 Jan. 1975POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: a) 014797 b) 524521 National identification no: na Address: Libya (in custody) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze).

                              Additional information

                        Closeness of association with regime. Command of military units involved in repression of demonstrations.

                        16.

                           Name: SAIF AL-ARAB QADHAFI

                           Title: na Designation: na DOB: 1982 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). Believed status/location: deceased.

                              Additional information

                        Closeness of association with regime.

                        17.

                           Name: SAIF AL-ISLAM QADHAFI

                           Title: na Designation: Director, Qadhafi Foundation DOB:25 Jun. 1972POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: B014995 National identification no: na Address: Libya (Believed status/location: in custody in Libya.) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze).

                              Additional information

                        Closeness of association with regime. Inflammatory public statements encouraging violence against demonstrators.

                        18.

                           Name: 1: ABDULLAH AL-SENUSSI

                           Title: Colonel Designation: Director Military Intelligence DOB: 1949 POB: Sudan Good quality a.k.a.: a) Abdoullah Ould Ahmed (Passport number: B0515260; DOB: 1948; POB: Anefif (Kidal), Mali; Date of issue: 10 Jan 2012; Place of issue: Bamako, Mali; Date of expiration: 10 Jan 2017.) b) Abdoullah Ould Ahmed (Mali ID Number 073/SPICRE; POB: Anefif, Mali; Date of issue: 6 Dec 2011; Place of issue: Essouck, Mali) Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Libya (Believed status/location: in custody in Libya.) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze).

                              Additional information

                        Military Intelligence involvement in suppression of demonstrations. Past history includes suspicion of involvement in Abu Selim prison massacre. Convicted in absentia for bombing of UTA flight. Brother-in-law of Muammar Qadhafi.

                        19.

                           Name: SAFIA FARKASH AL-BARASSI

                           Title: na Designation: na DOB: Approximately 1952 POB: Al Bayda, Libya Good quality a.k.a.: Safia Farkash Mohammed Al-Hadad, born 1 Jan. 1953 (Oman passport no. 03825239) Low quality a.k.a.: na Nationality: na Passport no: 03825239 National identification no: na Address: Sultanate of Oman Listed on:24 Jun. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 and paragraph 19 of resolution 1973 (Travel Ban, Asset Freeze).

                              Additional information

                        Significant personal wealth, which could be used for regime purposes. Her sister Fatima FARKASH is married to ABDALLAH SANUSSI, head of Libyan military intelligence.

                        20.

                           Name: ABDELHAFIZ ZLITNI

                           Title: na Designation: a) Minister for Planning and Finance in Colonel Qadhafi's Government. b) Secretary of the General People's Committee for Finance and Planning c) Temporary head of the Central Bank of Libya DOB: 1935 POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:24 Jun. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 and paragraph 19 of resolution 1973 (Travel Ban, Asset Freeze).

                              Additional information

                        Involved in violence against demonstrators. Secretary of the General People's Committee for Finance and Planning. Zlitni is currently acting as temporary head of the Central Bank of Libya. He was previously National Oil Corporation Chairman. Our information suggests that he is currently engaged in trying to raise funds for the regime to replenish Central Bank reserves already spent on sustaining the current military campaign.’

      ANNEX II

            ‘ANNEX III

               LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 6(1)

            A.   Individuals

                        6.

                           Name: ABU ZAYD UMAR DORDA

                           Title: na Designation: a) Position: Director, External Security Organisation. b) Head of external intelligence agency. DOB: na POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Libya ((Believed status/location: in custody in Libya)) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze).

                              Additional information

                        Regime loyalist. Head of external intelligence agency.

                        7.

                           Name: ABU BAKR YUNIS JABIR

                           Title: Major General Designation: Position: Defence Minister. DOB: 1952 POB: Jalo, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). Believed status/location: deceased.

                              Additional information

                        Overall responsibility for actions of armed forces.

                        8.

                           Name: MATUQ MOHAMMED MATUQ

                           Title: na Designation: Position: Secretary for Utilities DOB: 1956 POB: Khoms, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). Believed status/location: unknown, believed captured.

                              Additional information

                        Senior member of regime. Involvement with the Revolutionary Committees. Past history of involvement in suppression of dissent and violence.

                        9.

                           Name: AISHA MUAMMAR MUHAMMED ABU MINYAR QADHAFI

                           Title: na Designation: na DOB: 1978 POB: Tripoli, Libya Good quality a.k.a.: Aisha Muhammed Abdul Salam (Passport number: 215215) Low quality a.k.a.: na Nationality: na Passport no: 428720 National identification no: na Address: Sultanate of Oman (Believed status/location: Sultanate of Oman) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze).

                              Additional information

                        Closeness of association with regime. Travelled in violation of paragraph 15 of resolution 1970, as described by the Panel of Experts on Libya in its 2013 Interim Report.

                        10.

                           Name: HANNIBAL MUAMMAR QADHAFI

                           Title: na Designation: na DOB:20 Sep. 1975POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: B/002210 National identification no: na Address: Algeria (Believed status/location: Algeria) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze).

                              Additional information

                        Closeness of association with regime.

                        11.

                           Name: KHAMIS MUAMMAR QADHAFI

                           Title: na Designation: na DOB: 1978 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). Believed status/location: deceased.

                              Additional information

                        Closeness of association with regime. Command of military units involved in repression of demonstrations.

                        12.

                           Name: MOHAMMED MUAMMAR QADHAFI

                           Title: na Designation: na DOB: 1970 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Sultanate of Oman (Believed status/location: Sultanate of Oman) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze).

                              Additional information

                        Closeness of association with regime.

                        13.

                           Name: MUAMMAR MOHAMMED ABU MINYAR QADHAFI

                           Title: na Designation: Leader of the Revolution, Supreme Commander of Armed Forces DOB: 1942 POB: Sirte, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: UN listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). Believed status/location: deceased.

                              Additional information

                        Responsibility for ordering repression of demonstrations, human rights abuses.

                        14.

                           Name: MUTASSIM QADHAFI

                           Title: na Designation: National Security Adviser DOB: 1976 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). Believed status/location: deceased.

                              Additional information

                        Closeness of association with regime.

                        15.

                           Name: SAADI QADHAFI

                           Title: na Designation: Commander Special Forces DOB: a)27 May 1973b)1 Jan. 1975POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: a) 014797 b) 524521 National identification no: na Address: Libya (in custody) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze).

                              Additional information

                        Closeness of association with regime. Command of military units involved in repression of demonstrations.

                        16.

                           Name: SAIF AL-ARAB QADHAFI

                           Title: na Designation: na DOB: 1982 POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze). Believed status/location: deceased.

                              Additional information

                        Closeness of association with regime.

                        17.

                           Name: SAIF AL-ISLAM QADHAFI

                           Title: na Designation: Director, Qadhafi Foundation DOB:25 Jun. 1972POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: B014995 National identification no: na Address: Libya (Believed status/location: in custody in Libya.) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze).

                              Additional information

                        Closeness of association with regime. Inflammatory public statements encouraging violence against demonstrators.

                        18.

                           Name: 1: ABDULLAH AL-SENUSSI

                           Title: Colonel Designation: Director Military Intelligence DOB: 1949 POB: Sudan Good quality a.k.a.: a) Abdoullah Ould Ahmed (Passport number: B0515260; DOB: 1948; POB: Anefif (Kidal), Mali; Date of issue: 10 Jan 2012; Place of issue: Bamako, Mali; Date of expiration: 10 Jan 2017.) b) Abdoullah Ould Ahmed (Mali ID Number 073/SPICRE; POB: Anefif, Mali; Date of issue: 6 Dec 2011; Place of issue: Essouck, Mali) Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: Libya (Believed status/location: in custody in Libya.) Listed on:26 Feb. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 (Travel Ban). Listed on 17 March 2011 pursuant to paragraph 17 of resolution 1970 (Asset Freeze).

                              Additional information

                        Military Intelligence involvement in suppression of demonstrations. Past history includes suspicion of involvement in Abu Selim prison massacre. Convicted in absentia for bombing of UTA flight. Brother-in-law of Muammar Qadhafi.

                        19.

                           Name: SAFIA FARKASH AL-BARASSI

                           Title: na Designation: na DOB: Approximately 1952 POB: Al Bayda, Libya Good quality a.k.a.: Safia Farkash Mohammed Al-Hadad, born 1 Jan. 1953 (Oman passport no. 03825239) Low quality a.k.a.: na Nationality: na Passport no: 03825239 National identification no: na Address: Sultanate of Oman Listed on:24 Jun. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 and paragraph 19 of resolution 1973 (Travel Ban, Asset Freeze).

                              Additional information

                        Significant personal wealth, which could be used for regime purposes. Her sister Fatima FARKASH is married to ABDALLAH SANUSSI, head of Libyan military intelligence.

                        20.

                           Name: ABDELHAFIZ ZLITNI

                           Title: na Designation: a) Minister for Planning and Finance in Colonel Qadhafi's Government. b) Secretary of the General People's Committee for Finance and Planning c) Temporary head of the Central Bank of Libya DOB: 1935 POB: na Good quality a.k.a.: na Low quality a.k.a.: na Nationality: na Passport no: na National identification no: na Address: na Listed on:24 Jun. 2011Other information: Listed pursuant to paragraph 15 of resolution 1970 and paragraph 19 of resolution 1973 (Travel Ban, Asset Freeze).

                              Additional information

                        Involved in violence against demonstrators. Secretary of the General People's Committee for Finance and Planning. Zlitni is currently acting as temporary head of the Central Bank of Libya. He was previously National Oil Corporation Chairman. Our information suggests that he is currently engaged in trying to raise funds for the regime to replenish Central Bank reserves already spent on sustaining the current military campaign.’

      ANNEX III

            ‘ANNEX VI

               LIST OF ENTITIES REFERRED TO IN ARTICLE 6(3)

                        1.

                           Name: LIBYAN INVESTMENT AUTHORITY

                           A.k.a.: Libyan Foreign Investment Company (LFIC) F.k.a.: na Address:1 Fateh Tower Office, No 99 22nd Floor, Borgaida Street, Tripoli, 1103, LibyaListed on:17 Mar. 2011Other Information: Listed pursuant to paragraph 17 of resolution 1973, as modified on 16 September pursuant to paragraph 15 of resolution 2009.

                              Additional information

                        Under control of Muammar Qadhafi and his family, and potential source of funding for his regime.

                        2.

                           Name: LIBYAN AFRICA INVESTMENT PORTFOLIO

                           A.k.a.: na F.k.a.: na Address:Jamahiriya Street, LAP Building, PO Box 91330, Tripoli, LibyaListed on:17 Mar. 2011Other Information: Listed pursuant to paragraph 17 of resolution 1973, as modified on 16 September pursuant to paragraph 15 of resolution 2009.

                              Additional information

                        Under control of Muammar Qadhafi and his family, and potential source of funding for his regime.’


title: 2008/181/EC: Council Decision of 25 February 2008 concerning the conclusion of the Agreement on Scientific and Technical Cooperation between the European Community and the State of Israel

text:
               4.3.2008

               EN

               Official Journal of the European Union

               L 59/14

      COUNCIL DECISION

   of 25 February 2008
   concerning the conclusion of the Agreement on Scientific and Technical Cooperation between the European Community and the State of Israel
   (2008/181/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 170 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the Community, the renewal of the Agreement on Scientific and Technological Cooperation with the State of Israel (the Agreement).

               (2)

               The Agreement was signed on behalf of the Community on 16 July 2007 in Brussels, subject to possible conclusion at a later date.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement on Scientific and Technological Cooperation between the European Community and the State of Israel (2) is hereby approved on behalf of the Community.
   Article 2
   The President of the Council shall, acting on behalf of the Community, give the notification provided for in Article 5(2) of the Agreement.

      Done at Brussels, 25 February 2008.

            For the Council

            The President

         A. VIZJAK

      (1)  Opinion of 25 September 2007 (not yet published in the Official Journal).

      (2)  OJ L 220, 25.8.2007, p. 5.


Avis juridique important

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32004D0059

2004/59/EC: Commission Decision of 23 December 2003 on the continuation in the year 2004 of Community comparative trials and tests on propagating material of ornamental plants of Chamaecyparis, Ligustrum vulgare and Euphorbia fulgens under Council Directive 98/56/EC started in 2002

Official Journal L 012 , 17/01/2004 P. 0051 - 0051

Commission Decisionof 23 December 2003on the continuation in the year 2004 of Community comparative trials and tests on propagating material of ornamental plants of Chamaecyparis, Ligustrum vulgare and Euphorbia fulgens under Council Directive 98/56/EC started in 2002(2004/59/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants(1),Having regard to Commission Decision 2001/898/EC of 12 December 2001 setting out the arrangements for Community comparative trials and tests on propagating material of ornamental plants under Council directive 98/56/EC(2), and in particular Article 2 thereof,Whereas:(1) Decision 2001/898/EC sets out the arrangements for the comparative trials and tests to becarried out under Directive 98/56/EC as regards ornamental plants of Chamaecyparis, Ligustrum vulgare and Euphorbia fulgens from 2002 to 2004.(2) Tests and trials carried out in 2002 and 2003 should be continued in 2004,HAS ADOPTED THIS DECISION:Sole ArticleCommunity comparative trials and tests which began in 2002 on propagating material of ornamental plants of Chamaecyparis, Ligustrum vulgare and Euphorbia fulgens shall be continued in 2004 in accordance with Decision 2001/898/EC.Done at Brussels, 23 December 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 226, 13.8.1998, p. 16. Directive as last amended by Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).(2) OJ L 331, 15.12.2001, p. 101.


title: 2010/196/,Euratom: Council Decision of 16 March 2010 on the allocation of financial intermediation services indirectly measured (FISIM) for the establishment of the gross national income (GNI) used for the purposes of the European Union’s budget and its own resources

text:
               7.4.2010

               EN

               Official Journal of the European Union

               L 87/31

         COUNCIL DECISION
   of 16 March 2010
   on the allocation of financial intermediation services indirectly measured (FISIM) for the establishment of the gross national income (GNI) used for the purposes of the European Union’s budget and its own resources
   (2010/196/EU, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (1), and in particular the second subparagraph of Article 2(7) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               Article 8(1) of Council Regulation (EC) No 448/98 of 16 February 1998 completing and amending Regulation (EC) No 2223/96 with respect to the allocation of financial intermediation services indirectly measured (FISIM) within the European system of national and regional accounts (ESA) (2) provides that the decision to allocate FISIM for the establishment of the gross national product used for the purposes of the Community’s budget and its own resources shall be adopted by the Council. With effect from 1 January 2002 the concept of gross national product was replaced by the concept of gross national income (GNI), pursuant to the first subparagraph of Article 2(7) of Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities’ own resources (3).

               (2)

               The second subparagraph of Article 2(7) of Decision 2007/436/EC, Euratom provides that where modifications to the European system of national and regional accounts (ESA 95) result in significant changes in the GNI as provided by the Commission, the Council shall decide whether those modifications shall apply for the purposes of that Decision.

               (3)

               It is appropriate to use the most recent statistical concepts for the purposes of the Union’s budget and its own resources, in particular as far as the establishment of the GNI as provided by the Commission in application of ESA 95 is concerned. FISIM should therefore be allocated for the establishment of the GNI for the purposes of the Union’s budget and its own resources.

               (4)

               By October 2008, all EU-27 Member States had transmitted their data including on FISIM allocation according to the new methodology. The assessment of those data indicated that the allocation of FISIM results in a significant change in the sense of the second subparagraph of Article 2(7) of Decision 2007/436/EC, Euratom since it increases GNI by more than 1 % on average and implies, when applying the method described in Article 3 of that Decision, a change in the ceilings set by Article 3.

               (5)

               Therefore the allocation of FISIM should apply for the purposes of Decision 2007/436/EC, Euratom.

               (6)

               It is deemed appropriate that the ensuing changes apply as from the financial year 2010,

         HAS ADOPTED THIS DECISION:
   Article 1
   Financial intermediation services indirectly measured (FISIM) shall be allocated for the establishment of the gross national income for the purposes of the Union’s budget and its own resources.
   Article 2
   The allocation of FISIM pursuant to Article 1 shall apply for the purposes of Decision 2007/436/EC, Euratom from 1 January 2010.
   Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2010.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 16 March 2010.

            For the Council

            The President

         E. SALGADO

      (1)  OJ L 163, 23.6.2007, p. 17.

      (2)  OJ L 58, 27.2.1998, p. 1.

      (3)  OJ L 253, 7.10.2000, p. 42.


title: 77/769/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 28 November 1977 opening tariff preferences for certain steel products originating in developing countries

text:
  19 , 12 . 77                           Official Journal of the European Communities                             No L 324/ 155
                                                           DECISION
               OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
               OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE
                                                           COUNCIL,
                                                      of 28 November 1977
                  opening tariff preferences for certain steel products originating in developing countries
                                                         (77/769/ECSC)
 THE REPRESENTATIVES OF THE GOVERNMENTS OF                          4. Subject to Article 2, within each ceiling thus calcu
 THE MEMBER STATES OF THE EUROPEAN COAL AND                         lated, charges of products originating in any one of the
 STEEL COMMUNITY, MEETING WITHIN THE COUN                          countries or territories listed in Annex B should not
 CIL,
                                                                    exceed a maximum amount equivalent to 50% of this
                                                                    ceiling, except for the specific cases indicated in Annex
In agreement with the Commission,                                   A.
  HAVE DECIDED AS FOLLOWS :
                                                                    5 . Any amendment to Annex B, in particular by the
                                                                    addition of new countries or territories enjoying tariff
                                                                    preferences, may entail a corresponding adjustment to
                            Article 1                               the ceilings and maximum amounts referred to in
                                                                    paragraphs 3 and 4 .
 1 . From 1 January to 31 December 1978 , the duties
 applicable in the Community to the imports of the
 products listed in Annex A shall be completely sus
pended, subject to the provisions of Article 2 .                                             Article 2
 2. This suspension shall be enjoyed solely by products
 originating in the countries and territories listed in            1 . As soon as the ceilings calculated in accordance
 Annex B. For the purposes of the application of this              with the provisions of Article 1 (3 ) which are laid down
 Decision the concept of originating products shall be             for Community imports of products originating in all of
 determined in accordance with the procedure laid down             the countries and territories referred to in Article 1 (2)
 in Article 14 of Council Regulation (EEC) No 802/68               are reached at Community level, the Member States
 of 27 June 1968 on the common definition of the con              may at any time, at the request of any one of them or of
 cept of the origin of goods (*).                                  the Commission and in respect of the whole of the
                                                                   Community, re-introduce the levying of the correspond
 3 . Subject to Article 2, this suspension shall be granted        ing duties on imports of the products in question from
                                                                   all the countries and territories concerned until the end
 generally up to the limit of a ceiling equal to the amount
 obtained, in respect of each category of products, by             of the period referred to in Article 1 ( 1 ).
 adding together, in units of account, the value for 1971
 of cif imports of the products concerned to the Com               2.  As soon as the maximum amounts calculated in
munity from the countries and territories enjoying these            accordance with the provisions of Article 1 (4) which
 arrangements, excluding those already enjoying various             are laid down for the Community imports of products
preferential tariff arrangements granted by the nine                originating in each of the countries and territories refer
Member States of the Community, and 5% of the value                 red to in Article 1 (2 ) and (3 ) are reached for any one of
of cif imports in 1974 from other countries and from                these countries or territories at Community level, the
the countries and territories already enjoying such ar             Member States may at any time, at the request of any of
rangements.                                                         them or of the Commission and in respect of the whole
                                                                    of the Community, re-introduce the levying of the cor
For the particular purpose of the abovementioned cal              responding duties on imports of the products in ques
culations, the statistics referring to the year 1974, ex          tion from the country or territory concerned until the
pressed in EUR, are to be considered as being expressed            end of the period referred to in Article 1(1 ).
in units of acpount of the Common Customs Tariff.
                                                                   3 . Within the framework of the foregoing provisions,
Imports already enjoying exemption from customs                    the Commission shall coordinate the procedures for
duties under such arrangements shall not be charged                re-introducing normal customs duties, in particular, by
against the aforementioned ceiling.                                notifying the date common to the whole of the Com
                                                                   munity and directly applicable in each Member State.
                                                                   This notification shall be published in the Official Jour
(*) OJ No L 148 , 28 . 6 . 1968 , p. 1 .                           nal of the European Communities.
 ---pagebreak--- No L 324/ 156                         Official Journal of the European Communities                              19 . 12 . 77
                          Article 3                                                        Article 4
                                                                 Member States, in close cooperation with the Commis
1 . Imports of the said goods shall be charged against           sion, shall take all necessary measures to ensure that the
the ceilings and maximum amounts as and when they                above provisions are applied.
are entered for home use, on the basis of the customs
value of the said goods, and are accompanied by a cer                                      Article 5
tificate of origin in accordance with the rules referred to
in Article 1 (2).                                                Member States shall inform the Commission period
                                                                 ically of imports of the products in question charged
                                                                 against the ceilings and maximum amounts laid down
2. Goods may be charged against a ceiling or maxi               in Article 1 (3 ) and (4).
 mum amount only if the certificate of origin mentioned
in paragraph 1 is presented before the date on which the                                  Article 6
levying of duties is re-introduced.
                                                                 The Member States shall take all measures necessary for
                                                                 the implementation of this Decision.
3 . The extent to which ceilings and maximum amounts             Done at Brussels, 28 November 1977 .
have been used up shall be recorded at Community level
                                                                                The President
on the basis of imports charged in the manner laid
down in paragraphs 1 and 2.                                                                               L. OUTERS
 ---pagebreak--- 19 . 12 . 77                                      Official Journal of the European Communities                                                       No L 324/ 157
                                                                          ANNEX A
             List of products in respect of which the Common Customs Tariff duties are completely suspended under .
                              the generalized tariff preferences granted to developing countries and territories
                      CCT
                     heading                                                           Description
                       No
                  73.07 (!)         Blooms, billets, slabs and sheet bars (including tinplate bars), of iron or steel ;
                                    pieces roughly shaped by forging, of iron or steel :
                                    A. Blooms and billets :
                                         I. Rolled
                                    B. Slabs and sheet bars ( including tinplate bars):
                                         I. Rolled
                  73.09             Universal plates of iron or steel
                  73.11 ( 2 ) p )   Angles, shapes and sections, of iron or steel , hot-rolled, forged, extruded, cold
                                    formed or cold-finished ; sheet piling of iron or steel, whether or not drilled,
                                    punched or made from assembled elements:
                                    A. Angles, shapes and sections :
                                            I. Not further worked than hot-rolled or extruded
                                         IV. Clad or surface- worked ( for example, polished , coated ):
                                               a ) Not further worked than clad :
                                                   1.   Hot-rolled or extruded
                                    B. Sheet piling
                  73.12             Hoop and strip, of iron or steel , hot-rolled or cold-rolled :
                                    A. Not further worked than hot-rolled
                                    B. Not further worked than cold-rolled :
                                            I. In coils for the manufacture of tinplate
                                    C. Clad , coated or otherwise surface-treated :
                                         III . Tinned :
                                               a ) Tinplate
                                          V. Other ( for example, copper-plated, artificially                             oxidized,      lacquered,
                                               nickel-plated, varnished, clad, parkerized, printed):
                                               a ) Not further worked than clad :
                                                   1.  Hot-rolled
             (') For products covered by heading No 73.07, the ceiling referred to in Article 1 ( 3 ) has been lowered to 6 899 000 u.a .
             ( 2 ) For products covered by heading No 73.1 1 and with respect to Yugoslavia, the maximum amount referred to in Article 1 (4 ) has been
                   lowered to 594 150 u.a.
             (') For products covered by heading No 73.1 1 , the ceiling referred to in Article 1 ( 3 ) has been lowered to 3 961 000 u.a.
 ---pagebreak--- No L 324/ 158                                   Official Journal of the European Communities                                             19. 12 . 77
                    CCT
                   heading                                                           Description
                     No
                73.15 (»)          Alloy steel and high carbon steel in the forms mentioned in heading Nos 73.06
                                   to 73.14 :
                                   A. High carbon steel :
                                         I. Ingots, blooms, billets, slabs and sheet bars :
                                             b ) Other :
                                                   2 . Blooms, billets, slabs and sheet bars
                                       III. Coils for re-rolling
                                       IV . Universal plates
                                        V. Bars and rods ( including wire rod ) and hollow mining drill steel ; angles,
                                             shapes and sections :
                                             b ) Not further worked than hot-rolled or extruded
                                             d ) Clad or surface-worked ( for example, polished, coated ):
                                                   1.  Not further worked than clad :
                                                       aa ) Hot-rolled or extruded
                                       VI . Hoop and strip :
                                             a ) Not further worked than hot-rolled
                                             c) Clad , coated or otherwise surface-treated :
                                                   1.  Not further worked than clad :
                                                       aa ) Hot-rolled
                                      VII. Sheets and plates :
                                             a ) Not further worked than hot-rolled
                                             b ) . Not further worked than cold-rolled, of a thickness of:
                                                   2.  Less than 3 mm
                                             c) Polished , clad, coated or otherwise surface-treated
                                             d) Otherwise shaped or worked :
                                                   1 . Cut into shapes other than rectangular shapes, but not further
                                                       worked
                                   B. Alloy steel :
                                         I. Ingots, blooms, billets, slabs and sheet bars :
                                             b ) Other :
                                                   2 . Blooms, billets, slabs and sheet bars
                                       III . Coils for re-rolling
                                       IV . Universal plates
                                        V. Bars and rods ( including wire rod ) and hollow mining drill steel ; angles,
                                             shapes and sections :
                                             b) Not further worked than hot-rolled or extruded
                                             d ) Clad or surface-worked ( for example, polished, coated):
                                                   1.  Not further worked than clad :
                                                       aa ) Hot-rolled or extruded
                                       VI . Hoop and strip :
                                             a ) Not further worked than hot-rolled
                                             c) Clad, coated or otherwise surface-treated :
                                                   1.  Not further worked than clad :
                                                       aa ) Hot-rolled
                                      VII . Sheets and plates:
                                             a ) ' Electrical ' sheets and plates
            C1 ) For products covered by heading No 73.15, the ceiling referred to in Article 1 (3 ) has beeh lowered to 12 224 000 u.a.
 ---pagebreak--- 19 . 12 . 77                         Official Journal of the European Communities                             No L 324/ 159
                 CCT
                heading                                           Description
                  No
               73.15              b ) Other sheets and plates:
              (cont'd)                1.  Not further worked than hot-rolled
                                      2 . Not further worked than cold-rolled , of a thickness of:
                                          bb ) Less than 3 mm
                                      3 . Polished, clad, coated or otherwise surface-treated
                                      4 . Otherwise shaped or worked :
                                          aa ) Cut into shapes other than rectangular shapes, but not
                                               further worked
             73.16      Railway and tramway track construction rjiaterial of iron or steel , the following:
                        rails, check-rails, switch blades, crossings (or frogs), crossing pieces, point rods,
                        rack rails, sleepers, fish-plates, chairs, chair-wedges, sole plates (base plates),
                        rail clips , bedplates, ties, and other material specialized for joining or fixing
                        rails :
                        A. Rails :
                             11 . Other
                        B. Check-rails
                        C. Sleepers
                        D. Fish-plates and sole plates :
                             I. Rolled
 ---pagebreak--- No L 324/ 160                                    Official Journal of the European Communities                                                                 19. 12 . 77
                                                                             ANNEX B
                             List of developing countries and territories enjoying generalized tariff preferences ( ')
                                                              I. INDEPENDENT COUNTRIES
 660   Afghanistan                                     . 416 Guatemala                                                          66 2 Pakistan
 208   Algeria                                           260 Guinea                                                             440 Panama
 330   Angola                                            257 Guinea Bissau                                                      801 Papua New Guinea
 528   Argentina                                         488 Guyana                                                             520 Paraguay
 453 Bahamas                                             452 Haiti                                                              504 Peru
 640 Bahrain                                             424 Honduras                                                           708 Philippines
 666 Bangladesh                                          664 India                                                              644 Qatar
 469 Barbados                                            700 Indonesia                                                          324 Rwanda
 284 Benin                                               616 Iran                                                               819 Samoa
 675 Bhutan                                              612 Iraq                                                               311 Sao Tome and Principe
 516 Bolivia                                             272 Ivory Coast                                                        632 Saudi Arabia
 391 Botswana                                            464 Jamaica                                                            248 Senegal
 508 Brazil                                              628 Jordan                                                             355 Seychelles and Dependencies
 676 Burma                                               696 Kampuchea, Democratic                                              264 Sierra Leone
 328 Burundi                                             346 Kenya                                                              706 Singapore
 302 Cameroon                                            728 Korea, Republic of                                                 342 Somalia
 247 Cape Verde Islands                                  636 Kuwait                                                             669 Sri Lanka
 306 Central African Empire                              684 Laos                                                                224 Sudan
 244 Chad                                                604 Lebanon                                                            492 Surinam
 512 Chile                                               395 Lesotho                                                            393 Swaziland
480 Colombia                                             268 Liberia                                                             608 Syria
 375 Comoros                                             216 Libya                                                               352 Tanzania
 318 Congo, People's Republic of                         370 Madagascar                                                          680 Thailand
436 Costa Rica                                           386 Malawi                                                              280 Togo
448 Cuba                                                 701 Malaysia                                                            817 Tonga
600 Cyprus                                               667 Maldive Islands                                                     472 Trinidad and Tobago
338 Djibouti                                             232 Mali                                                                212 Tunisia
456 Dominican Republic                                   228 Mauritania                                                          350 Uganda
500 Ecuador                                              373 Mauritius                                                           647 United Arab Emirates
220 Egypt                                                412 Mexico                                                              236 Upper Volta
428 El Salvador                                          204 Morocco                                                             524 Uruguay
310 Equatorial Guinea                                    366 Mozambique                                                          484 Venezuela
334 Ethiopia                                             803 Nauru                                                               690 Vietnam
815 Fiji                                                 672   Nepal                                                             652 Yemen
314 Gabon                                                432   Nicaragua                                                         656 Yemen, Democratic
252 Gambia                                               240   Niger                                                             048 Yugoslavia
276 Ghana                                                288   Nigeria                                                           322 Zaire
473 Grenada                                              649 Oman                                                                378 Zambia
( ) The code number preceding the name of each beneficiary country or territory is that given in 'Geonomenclature 1977*, published by the Statistical Office of the European
    Communities.
 ---pagebreak--- 19 . 12 . 77                                    Official Journal of the European Communities                                                       No L 324/ 161
                                                         II. COUNTRIES AND TERRITORIES
              dependent or administered, or for whose external relations Member States of the Community or third
                                                       countries are wholly or partly responsible
              890 Australian Antarctic Territory
              421 Belize
              413 Bermuda
              890 British Antarctic Territory
              357 British Indian Ocean Territory
              812 British Pacific Ocean
              703 Brunei
              202 Canary Islands
              463 Cayman Islands and Dependencies
              205 Ceuta and Melilla
              802 Christmas Island, Cocos (Keeling) Islands, Heard Island and McDonald Islands, Norfolk Island
              529 Falkland Islands and Dependencies
              822 French Polynesia
              890 French Southern and Antarctic Territories
              044 Gibraltar
              740 Hong Kong
              743 Macao
              377 Mayotte
             476 Netherlands Antilles
              809 New Caledonia and Dependencies
              808 Pacific Islands administered by the United States of America or under United States trusteeship ( a)
              329 St Helena and Dependencies
              814 Territories for which New Zealand is responsible (Cook Islands, Niue Island, Tokelau Islands)
             454 Turks anti Caicos Islands
             457 Virgin Islands of the United States
              811 Wallis and Futuna Islands
             471 West Indies
             Note: The above lists may be amended subsequently to take account of changes in the international
                       status of countries or territories.
             (') The Pacific Islands administered by the United States of America include: Guam, American Samoa (including Swain's Island), Midway
                 Islands, Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific Islands (the Caroline, Marianas and Marshall
                 Islands).


Avis juridique important

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31993D0487

93/487/Euratom, ECSC, EEC: Commission Decision of 4 August 1993 adjusting the weightings applicable from 1 September 1992 to the renumeration of officials of the European Communities serving in countries outside the Community

Official Journal L 228 , 09/09/1993 P. 0041 - 0042

COMMISSION DECISION of 4 August 1993 adjusting the weightings applicable from 1 September 1992 to the renumeration of officials of the European Communities serving in countries outside the Community(93/487/Euratom, ECSC, EEC)THE  COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EEC, Euratom, ECSC) No 3761/92 (2), and in particular the second paragraph of  Article 13 of Annex X thereto,  Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations Council Regulation (Euratom, ECSC, EEC) No 1419/93 (3) laid down the weightings to be applied from 1 July 1992 to the remuneration of officials serving in  countries outside the Community payable in the currency of their country of employment;  Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);  Whereas, some of these weightings should be adjusted with effect from 1 September 1992 given that the statistics available to the Commission show that in certain countries outside the Community the variation in the cost of living measured on the basis  of the weigthing and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,  DECIDES:   Sole Article  With effect from 1 September 1992 the weightings applicable to the remuneration of officials serving in countries outside the Community payable in the currency of their country of employment are adjusted as shown in the Annex.  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.  Done at Brussels, 4 August 1993.  For the Commission René STEICHEN Member of the Commission  (1) OJ No L 56, 4. 3. 1968, p. 1.  (2) OJ No L 383, 29. 12. 1992, p. 1.  (3) OJ No L 140, 11. 6. 1993, p. 1.  (4) OJ No L 131, 28. 5. 1993. pp. 53 to 62.      ANNEX    /* Tables: see OJ */