title: Council Decision 2011/522/CFSP of 2 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria

text:
               3.9.2011

               EN

               Official Journal of the European Union

               L 228/16

         COUNCIL DECISION 2011/522/CFSP
   of 2 September 2011
   amending Decision 2011/273/CFSP concerning restrictive measures against Syria
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 9 May 2011, the Council adopted Decision 2011/273/CFSP concerning restrictive measures against Syria (1).

               (2)

               On 18 August 2011, the Union condemned in the strongest terms the brutal campaign that Bashar Al-Assad and his regime were waging against their own people which had led to the killing or injury of many Syrian citizens. The Union has repeatedly emphasised that the brutal repression must be stopped, detained protesters released, free access by international humanitarian and human rights organisations and media allowed, and a genuine and inclusive national dialogue launched. The Syrian leadership, however, has remained defiant with regard to calls from the Union as well as from the broad international community.

               (3)

               In this context, the Union has decided to adopt additional restrictive measures against the Syrian regime.

               (4)

               The restrictions on admission and the freezing of funds and economic resources should be applied to additional persons and entities benefiting from or supporting the regime, in particular persons and entities financing the regime, or providing logistical support to the regime, in particular the security apparatus, or who undermine the efforts towards a peaceful transition to democracy in Syria.

               (5)

               In addition, the purchase, import or transport from Syria of crude oil and petroleum products should be prohibited.

               (6)

               In this regard, it should be noted that a partial suspension of the Cooperation Agreement between the European Economic Community and the Syrian Arab Republic (2) has been decided by the Council in its Decision 2011/523/EU of 2 September 2011 (3),

         HAS ADOPTED THIS DECISION:
   Article 1
   Council Decision 2011/273/CFSP is hereby amended as follows:

               (1)

               the following Articles are added:
               ‘Article 2a
               1.   The purchase, import or transport from Syria of crude oil and petroleum products shall be prohibited.
               2.   It shall be prohibited to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, related to the prohibitions referred to in paragraph 1.
               3.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in paragraphs 1 and 2.
               Article 2b
               The prohibitions set out in Article 2a shall be without prejudice to the execution, until 15 November 2011, of obligations provided for in contracts concluded before 2 September 2011.’;
               ‘Article 4a
               No claims, including for compensation or any other claim of this kind, such as a claim of set-off or a claim under a guarantee, in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures covered by this Decision, shall be granted to the designated persons or entities listed in the Annex, or any other person or entity in Syria, including the Government of Syria, or any person or entity claiming through or for the benefit of any such person or entity.’;

               (2)

               Article 3(1) is replaced by the following:
               ‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons responsible for the violent repression against the civilian population in Syria, persons benefiting from or supporting the regime, and persons associated with them, as listed in the Annex.’;

               (3)

               Article 4(1) is replaced by the following:
               ‘1.   All funds and economic resources belonging to, or owned, held or controlled by, persons responsible for the violent repression against the civilian population in Syria, persons and entities benefiting from or supporting the regime, and persons and entities associated with them, as listed in the Annex, shall be frozen.’;

               (4)

               the following points are added to Article 4(3):

                           ‘(e)

                           necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, humanitarian workers and related assistance, or evacuating foreign nationals from Syria;

                           (f)

                           to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation.’.

         Article 2
   The persons and entities listed in the Annex to this Decision shall be added in the list set out in the Annex to Decision 2011/273/CFSP.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 2 September 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 121, 10.5.2011, p. 11.

      (2)  OJ L 269, 27.9.1978, p. 2.

      (3)  See page 19 of this Official Journal.

      ANNEX

         Persons and entities referred to in Article 2

      A.   Persons

                  Name

                  Identifying information
                  (date of birth, place of birth …)

                  Reasons

                  Date of listing

                  1.

                  Fares CHEHABI
                  (Fares SHIHABI)

                  President of Aleppo Chamber of Industry. Provides economic support for the Syrian regime.

                  2.09.2011

                  2.

                  Emad GHRAIWATI

                  President of the Damascus Chamber of Industry (Zuhair Ghraiwati Sons). Provides economic support for the Syrian regime.

                  2.09.2011

                  3.

                  Tarif AKHRAS

                  Founder of the Akhras Group (commodities, trading, processing and logistics), Homs. Provides economic support for the Syrian regime.

                  2.09.2011

                  4.

                  Issam ANBOUBA

                  President of Issam Anbouba Est. for agro-industry. Provides economic support for the Syrian regime.

                  2.09.2011

      B.   Entities

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Mada Transport

                  Subsidiary of Cham Holding
                  (Sehanya Daraa Highway, PO Box 9525, tel: 00 963 11 99 62)

                  Economic entity financing the regime.

                  2.09.2011

                  2.

                  Cham Investment Group

                  Subsidiary of Cham Holding
                  (Sehanya daraa Highway, PO Box 9525, tel: 00 963 11 99 62)

                  Economic entity financing the regime.

                  2.09.2011

                  3.

                  Real Estate Bank

                              Insurance Bldg- Yousef Al-azmeh

                              sqr. Damascus

                              P.O. Box: 2337 Damascus

                              Syrian Arab Republic

                              Phone: (+963) 11 2456777 and 2218602

                              Fax: (+963) 11 2237938 and 2211186

                              Bank's e-mail: Publicrelations@reb.sy,

                              Website: www.reb.sy

                  State-owned bank providing financial support for the regime.

                  2.09.2011


title: 2006/663/EC: Council Decision of 19 June 2006 adapting the Act of Accession of Bulgaria and Romania as regards rural development

text:
               9.10.2006

               EN

               Official Journal of the European Union

               L 277/2

         COUNCIL DECISION
   of 19 June 2006
   adapting the Act of Accession of Bulgaria and Romania as regards rural development
   (2006/663/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty of Accession of Bulgaria and Romania, signed at Luxembourg on 25 April 2005, and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 22 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (2) introduces changes to the acquis on which the accession negotiations with Bulgaria and Romania were based.

               (2)

               There is therefore a need to adapt the Act of Accession of Bulgaria and Romania so that it is compatible with Regulation (EC) No 1698/2005.

               (3)

               Transitional and implementing rules concerning the rural development programming period starting on 1 January 2007 should be adopted in accordance with the procedure referred to in Article 90(2) of Regulation (EC) No 1698/2005. The references in the procedural provisions provided for in the Act of Accession of Bulgaria and Romania should be adapted accordingly.

               (4)

               When reaching political agreement on Regulation (EC) No 1698/2005, the Council and the Commission agreed in a joint declaration regarding Bulgaria and Romania to extend the measure on advisory services provided for in Annex VIII to the Act of Accession of Bulgaria and Romania until 2013 as regards the provision of advisory services to farmers receiving semi-subsistence support. The Act of Accession should be adapted to take this agreement into account,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Act of Accession of Bulgaria and Romania shall be amended as follows:

               1.

               the second sentence of Article 29 shall be replaced by the following:
               ‘Should specific transitional measures be necessary in this regard, they shall be adopted in accordance with the procedure referred to in Article 90(2) of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (3).

                  (3)  OJ L 277, 21.10.2005, p. 1. Regulation as amended by Regulation (EC) No 1463/2006 (OJ L 277, 9.10.2006, p. 1).’;"

               2.

               Article 34 shall be amended as follows:

                           (a)

                           paragraph 1 shall be replaced by the following:
                           ‘1.   In addition to the regulations concerning rural development in force on the date of accession, the provisions laid down in Sections I, II and III of Annex VIII shall apply to Bulgaria and Romania for the period 2007 to 2009, with the exception of Section I, point D, of that Annex which shall also apply for the period 2010 to 2013 as regards the provision of advisory services to farmers receiving semi-subsistence support. The specific financial provisions laid down in Section IV of Annex VIII shall apply to Bulgaria and Romania throughout the programming period 2007 to 2013.’;

                           (b)

                           paragraph 3 shall be replaced by the following:
                           ‘3.   Implementing rules, where necessary, for the application of the provisions of Annex VIII shall be adopted in accordance with the procedure referred to in Article 90(2) of Regulation (EC) No 1698/2005.’.

         Article 2
   This Decision shall be drawn up in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish, Bulgarian and Romanian languages, all 23 texts being equally authentic.
   Article 3
   This Decision shall take effect on 1 January 2007 subject to the entry into force of the Treaty of Accession of Bulgaria and Romania.

      Done at Luxembourg, 19 June 2006.

            For the Council

            The President

         J. PRÖLL

      (1)  Not yet published in the Official Journal.

      (2)  OJ L 277, 21.10.2005, p. 1. Regulation as amended by Regulation (EC) No 1463/2006 (See page 1 of this Official Journal).


title: Council Decision (EU) 2016/2053 of 14 November 2016 on the signing, on behalf of the Union, of the Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes

text:
                  25.11.2016

                  EN

                  Official Journal of the European Union

                  L 319/1

            COUNCIL DECISION (EU) 2016/2053
      of 14 November 2016
      on the signing, on behalf of the Union, of the Framework Agreement between the European Union and Kosovo (*1) on the general principles for the participation of Kosovo in Union programmes
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212, in conjunction with Article 218(5) thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  On 14 December 2007 the European Council underlined that the Union stands ready to play a leading role in strengthening stability in the region, stated the Union's readiness to assist Kosovo in the path towards sustainable stability and confirmed that the Union is ready to assist economic and political development through a clear European perspective, in line with the European perspective of the region.

                  (2)

                  On 7 December 2009 the Council welcomed the Commission's Communication of 14 October 2009 entitled ‘Kosovo — Fulfilling its European Perspective’ and invited it to take the necessary measures to support Kosovo's progress towards the Union in line with the European perspective of the region. It attached importance to measures related to trade and visa, and encouraged the Commission to open up for Kosovo taking part in Union programmes, integrating Kosovo into the economic and fiscal surveillance framework, activating the Instrument for Pre-accession Assistance's second component and strengthening the Stabilisation and Association Process dialogue.

                  (3)

                  On 14 December 2010 the Council stated that it looked forward to receiving a Commission proposal that would allow for Kosovo's participation in Union programmes. The Commission issued such a proposal in March 2011.

                  (4)

                  On 5 December 2011 the Council confirmed its commitment to find an agreement on Kosovo's participation in Union programmes, without prejudice to Member States' positions on status.

                  (5)

                  On 22 October 2012 the Council authorised the Commission to open negotiations with Kosovo on its participation in Union programmes.

                  (6)

                  The Commission has negotiated, on behalf of the Union, the Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes (‘the Agreement’).

                  (7)

                  Kosovo has expressed the wish to participate in a number of Union programmes.

                  (8)

                  The aim of the Agreement is that the Union carry out economic, financial and technical cooperation measures with Kosovo pursuant to Article 212 of the Treaty on the Functioning of the European Union.

                  (9)

                  The specific terms and conditions, including the relevant financial contribution, for the participation of Kosovo in each particular Union programme should be determined by agreement between the Commission, acting on behalf of the Union, and the authorities of Kosovo.

                  (10)

                  The signature of the Agreement does not prejudge the position of Member States on the status of Kosovo, which will be decided in accordance with their national practice and international law. None of the terms, wording or definitions used in this Decision, the Agreement, including its Annex, or in the Union programmes constitute recognition of Kosovo by the Union as an independent State, nor does it constitute recognition by individual Member States of Kosovo in that capacity where they have not taken such a step.

                  (11)

                  Internal procedures of the Member States may apply when receiving documents issued by the authorities of Kosovo pursuant to the Agreement.

                  (12)

                  The Agreement should be signed,

            HAS ADOPTED THIS DECISION:
      Article 1
      The signing, on behalf of the Union, of the Framework Agreement between the European Union and Kosovo on the general principles for the participation of Kosovo in Union programmes is hereby authorised, subject to the conclusion of the said Agreement (1).
      Article 2
      The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
      Article 3
      This Decision shall enter into force on the date of its adoption.

         Done at Brussels, 14 November 2016.

               For the Council

               The President

            G. MATEČNÁ

         (*1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

         (1)  The text of the Agreement will be published together with the decision on its conclusion.


title: 2005/669/EC: Council Decision of 20 September 2005 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 to 31 December 2010

text:
               28.9.2005

               EN

               Official Journal of the European Union

               L 252/8

         COUNCIL DECISION
   of 20 September 2005
   on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 to 31 December 2010
   (2005/669/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Economic Community, and in particular Article 37 in conjunction with Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               In accordance with the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros (1), the Community and the Islamic Federal Republic of the Comoros held negotiations to determine amendments or additions to be made to the Agreement at the end of the period of application of the Protocol to the Agreement.

               (2)

               As a result of those negotiations, a new Protocol was initialled on 24 November 2004.

               (3)

               Under that Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Islamic Federal Republic of the Comoros for the period from 1 January 2005 to 31 December 2010.

               (4)

               In order to ensure uninterrupted fishing activities by Community vessels, it is essential that the new Protocol be applied as quickly as possible. For this reason, the two parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol as from 1 January 2005.

               (5)

               The Agreement in the form of an Exchange of Letters should be approved, subject to the conclusion of the Protocol by the Council.

               (6)

               The method of allocating the fishing opportunities among the Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 to 31 December 2010 is hereby approved on behalf of the Community.
   The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.
   Article 2
   The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:

               (a)

               tuna seiners:

                           Spain: 21 vessels;

                           France: 18 vessels;

                           Italy: 1 vessel;

               (b)

               surface longliners:

                           Spain: 12 vessels;

                           Portugal: 5 vessels.

         If licence applications from these Member States do not cover all the fishing opportunities set out in the Protocol, the Commission may take into consideration licence applications from any other Member State.
   Article 3
   Member States whose vessels fish under this Protocol are obliged to notify the Commission of the quantities of each stock taken in the Comorian fishing zone in accordance with the arrangements laid down in Commission Regulation (EC) No 500/2001 (2).
   Article 4
   The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in order to bind the Community.

      Done at Brussels, 20 September 2005.

            For the Council

            The President

         M. BECKETT

      (1)  OJ L 137, 2.6.1988, p. 19.

      (2)  OJ L 73, 15.3.2001, p. 8.
   AGREEMENT
   in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 to 31 December 2010
   Sir,
   With reference to the Protocol initialled on 24 November 2004 establishing the fishing opportunities and financial contribution for the period from 1 January 2005 to 31 December 2010, I have the honour to inform you that the Government of the Islamic Federal Republic of the Comoros is prepared to apply the Protocol on a provisional basis with effect from 1 January 2005, pending its entry into force in accordance with Article 13 of the said Protocol, provided that the European Community is disposed to do likewise.
   This is on the understanding that the payment of the first annual financial contribution provided for in Article 2 of the Protocol is paid by 30 September 2005.
   I should be grateful if you would confirm the European Community’s agreement to the foregoing.
   Please accept, Sir, the assurance of my highest consideration.

         For the Government of the Union of the Comoros

   Sir,
   I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

      ‘With reference to the Protocol initialled on 24 November 2004 establishing the fishing opportunities and financial contribution for the period from 1 January 2005 to 31 December 2010, I have the honour to inform you that the Government of the Islamic Federal Republic of the Comoros is prepared to apply the Protocol on a provisional basis with effect from 1 January 2005, pending its entry into force in accordance with Article 13 of the said Protocol, provided that the European Community is disposed to do likewise.
      This is on the understanding that the payment of the first annual financial contribution provided for in Article 2 of the Protocol is paid by 30 September 2005.
      I should be grateful if you would confirm the European Community's agreement to the foregoing.’

   I have the honour to confirm that the Community is in agreement with the contents of this letter.
   Please accept, Sir, the assurance of my highest consideration.

         On behalf of the Council of the European Union

   PROTOCOL
   setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 to 31 December 2010
   Article 1
   Period of application and fishing opportunities
   1.   For a period of six years from 1 January 2005, the fishing opportunities granted under to Article 2 of the Agreement shall be as follows:

               —

               tuna seiners: 40 vessels,

               —

               surface longliners: 17 vessels.

         2.   Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol.
   3.   Vessels flying the flag of a Member State of the European Community may fish in Comorian waters only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annex hereto.
   Article 2
   Financial contribution — Methods of payment
   1.   For the period referred to in Article 1, the financial contribution referred to in Article 6 of the Agreement shall be EUR 2 340 000.
   2.   Paragraph 1 shall apply subject to Articles 4, 5 and 7 of this Protocol.
   3.   The Community shall pay the financial contribution referred to in paragraph 1 at the rate of EUR 390 000 per year during the period of application of this Protocol.
   4.   If the total quantity of catches by Community vessels in Comorian waters exceeds 6 000 tonnes per year, the total amount of the annual financial contribution shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Community shall not be more than twice the amount indicated in paragraph 3 (EUR 780 000). Where the quantities caught by Community vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.
   5.   Payment shall be made no later than 30 September 2005 for the first year and no later than the anniversary date of the Protocol for the following years.
   6.   Subject to Article 6, the Comorian authorities shall have full discretion regarding the use to which this financial contribution is put.
   7.   The share of the financial contribution indicated in Article 7(1) of this Protocol shall be paid into an account opened by the Comorian Ministry responsible for fisheries at the Comoros central bank (Banque Centrale des Comores). The remaining share of the financial contribution shall be paid into a Public Treasury account opened at the Banque Centrale des Comores.
   Article 3
   Cooperation on responsible fishing — Scientific meeting
   In accordance with Article 5 of the Agreement, based on the recommendations and resolutions adopted within the Indian Ocean Tuna Commission (IOTC) and the best available scientific advice, the parties shall consult each other within the Joint Committee provided for in Article 7 of the Agreement and, where necessary after a scientific meeting and by mutual agreement, take measures to ensure the sustainable management of fisheries resources concerning the activities of Community vessels.
   Article 4
   Voluntary review of fishing opportunities
   1.   The fishing opportunities referred to in Article 1 may be increased by mutual agreement insofar as the conclusions of the scientific meeting referred to in Article 3 confirm that such an increase will not endanger the sustainable management of Comorian resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the European Community shall not be more than twice the adjusted amount.
   2.   Where the quantities caught by Community vessels exceed twice the quantities corresponding to the adjusted total annual amount, the amount due for the amount exceeding that limit shall be paid the following year.
   3.   If the parties agree to adopt measures as referred to in Article 3 resulting in a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionally and pro rata temporis.
   4.   The allocation of the fishing opportunities among different categories of vessels may also be reviewed by mutual agreement between the parties, provided that any changes comply with recommendations made by the scientific meeting regarding the management of stocks liable to be affected by such redistribution. The parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.
   Article 5
   New fishing opportunities
   Should Community vessels be interested in fishing activities which are not indicated in Article 1, the parties shall consult each other before any authorisation is granted by the Comorian authorities. Where appropriate, the parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex thereto.
   Article 6
   Suspension and review of the payment of the financial contribution on grounds of force majeure

   1.   Where serious circumstances, other than natural phenomena, prevent fishing activities in Comorian waters, the European Community may suspend payment of the financial contribution provided for in Article 2(1), following consultations between the parties where possible, and provided that the Community has paid in full any amounts due at the time of suspension.
   2.   Payment of the financial contribution shall resume as soon as the parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and that the situation allows a resumption of fishing activities.
   3.   The validity of the licences granted to Community vessels under Article 4 of the Agreement shall be extended by a period equal to the period during which fishing activities were suspended.
   Article 7
   Support for introducing responsible fishing in Comorian waters
   1.   A share of 60 % of the financial contribution referred to in Article 2(1) of this Protocol shall be put towards defining and implementing a sectoral fisheries policy in the Comoros with a view to introducing responsible fishing in its waters. This contribution shall be managed in the light of objectives identified by mutual agreement between the parties, and the annual and multiannual programming to attain them.
   2.   For the purposes of paragraph 1, as soon as this Protocol enters into force and no later than three months after that date, the parties shall agree, within the Joint Committee provided for in Article 7 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

               (a)

               annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1;

               (b)

               the objectives, both annual and multiannual, to be achieved with a view to introducing, over time, responsible fishing and sustainable fisheries, taking account of the priorities expressed by the Comoros in its national fisheries policy and other policies relating to or having an impact on the introduction of responsible fishing and sustainable fisheries;

               (c)

               criteria and procedures for evaluating the results obtained each year.

         3.   Any proposed amendments to the multiannual sectoral programme must be approved by both parties within the Joint Committee.
   4.   Each year, the Comoros shall allocate the percentage of the financial contribution referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation must be notified to the Community at the time when the multiannual sectoral programme is approved within the Joint Committee. For each year thereafter, the Comoros shall notify the Community of the allocation no later than 30 November of the previous year.
   5.   Where the annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the parties shall hold consultations to agree rules for reallocating the financial contribution referred to in Article 2(1) of this Protocol with a view to bringing the actual amount of financial resources allocated to implementation of the programme into line with its results.
   Article 8
   Disputes — Suspension of application of the Protocol
   1.   Any dispute between the parties over the interpretation of this Protocol or its application shall be the subject of consultations between the parties within the Joint Committee provided for in Article 7 of the Agreement, in a special meeting if necessary.
   2.   Without prejudice to Article 9, application of the Protocol may be suspended at the initiative of one party if the dispute between the parties is deemed to be serious and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.
   3.   Suspension of application of the Protocol shall require the interested party to notify its intention in writing at least three months before the date on which suspension is due to take effect.
   4.   In the event of suspension, the parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.
   Article 9
   Suspension of application of the Protocol on grounds of non-payment
   Subject to Article 3, if the Community fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:

               (a)

               the competent Comorian authorities shall notify the European Commission of the non-payment. The latter shall make the necessary verifications and, where necessary, transmit the payment within no more than 30 working days of the date of receipt of the notification;

               (b)

               if no payment is made and non-payment is not adequately justified within the period provided for in Article 2(5) of this Protocol, the competent Comorian authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith;

               (c)

               application of the Protocol shall resume as soon as the payment concerned has been made.

         Article 10
   National law
   The activities of vessels operating in Comorian waters shall be governed by the applicable law in the Comoros, unless otherwise provided in the Agreement, this Protocol and the Annex and appendices hereto.
   Article 11
   Revision clause
   During the third year of application of this Protocol, its Annex and its appendices, the parties may review the provisions of the Protocol, the Annex and the appendices and, where necessary, make amendments. These amendments may include the reference tonnage and the flat-rate advances paid by shipowners.
   Article 12
   Repeal
   The Annex to the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros is hereby repealed and replaced by the Annex to this Protocol.
   Article 13
   Entry into force
   1.   This Protocol with its Annex shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose.
   2.   It shall apply with effect from 1 January 2005.
   ANNEX
   CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN COMORIAN WATERS
   CHAPTER I
   APPLICATION FOR AND ISSUE OF LICENCES
   Section 1
   Issue of licences
   1.   Only eligible Community vessels may obtain a licence to fish in Comorian waters.
   2.   For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in the Comoros. They must be in order vis-à-vis the Comorian authorities insofar as they must have fulfilled all prior obligations arising from their fishing activities in the Comoros under fisheries agreements concluded with the Community.
   3.   Any Community vessel applying for a fishing licence must be represented by an agent resident in the Comoros. The name and address of that agent shall be stated in the licence application.
   4.   The relevant Community authorities shall present to the competent Comorian authorities an application for each vessel wishing to fish under the Agreement at least 20 days before the date of commencement of the period of validity requested.
   5.   Applications shall be submitted to the competent Comorian authorities on a form drawn up in accordance with the specimen in Appendix I.
   6.   All licence applications shall be accompanied by the following documents:

               —

               proof of payment of the fee for the period of validity of the licence,

               —

               any other documents or certificates required under the specific rules applicable to the type of vessel concerned pursuant to this Protocol.

         7.   The fee shall be paid into the account specified by the Comorian authorities.
   8.   Fees shall include all national and local charges except for port taxes and service charges.
   9.   Licences for all vessels shall be issued to shipowners or their agents via the Delegation of the Commission of the European Communities in Mauritius within 15 days of receipt of all the documents referred to in point 6 by the competent Comorian authorities.
   10.   If a licence is signed at a time when the European Commission Delegation offices are closed, it shall be sent direct to the vessel’s agent and a copy shall be sent to the Delegation.
   11.   Licences shall be issued for a specific vessel and shall not be transferable.
   12.   However, at the request of the European Community and where force majeure is proven, a vessel’s licence shall be replaced by a new licence for another vessel whose features are similar to those of the first vessel, with no further fee due.
   13.   The owner of the first vessel, or the agent, shall return the cancelled licence to the competent Comorian authorities via the European Commission Delegation.
   14.   The new licence shall take effect on the day that the vessel’s owner returns the cancelled licence to the competent Comorian authorities. The Delegation of the European Commission in Mauritius shall be informed of the licence transfer.
   15.   The licence must be kept on board at all times, without prejudice to point 2 of Chapter VII of this Annex.
   Section 2
   Licence conditions — fees and advance payments
   1.   Licences shall be valid for a period of one year. They shall be renewable.
   2.   The fee shall be set at EUR 35 per tonne caught within Comorian waters.
   3.   Licences shall be issued once the following standard amounts have been paid to the competent national authorities:

               —

               EUR 3 375 per year per tuna seiner, equivalent to the fees due for 96 tonnes of tuna caught per year,

               —

               EUR 2 065 per year per surface longliner, equivalent to the fees due for 59 tonnes of tuna caught per year.

         4.   The final statement of the fees due for the fishing year shall be drawn up by the Commission of the European Communities by 31 July of the following year at the latest on the basis of the catch declarations made by each shipowner and confirmed by the scientific institutes responsible for verifying catch data in the Member States, such as the IRD (Institut de Recherche pour le Développement), the IEO (Instituto Español de Oceanografía) and the IPIMAR (Instituto de Investigação das Pescas e do Mar).
   5.   The statement shall simultaneously be notified to the competent Comorian authorities and the shipowners.
   6.   Any additional payments shall be made by the shipowners to the competent Comorian authorities by 31 August of the following year at the latest, into the account referred to in point 7 of Section 1 of this Chapter.
   7.   However, if the amount of the final statement is lower than the advance referred to in point 3 of this Section, the resulting balance shall not be reimbursable to the shipowner.
   CHAPTER II
   FISHING ZONES
   To avoid adverse effects on small-scale fisheries in Comorian waters, Community vessels shall not be allowed to fish within 10 nautical miles of any of the islands nor within a radius of three nautical miles of fish aggregating devices placed by the Comorian Ministry responsible for fisheries, the positions of which have been communicated to the representative of the European Commission in Mauritius.
   These provisions may be reviewed by the Joint Committee referred to in Article 7 of the Agreement.
   CHAPTER III
   CATCH REPORTING ARRANGEMENTS
   1.   For the purposes of this Annex, the duration of a voyage by a Community vessel shall be defined as follows:

               —

               either the period elapsing between entering and leaving Comorian waters,

               —

               or the period elapsing between entering Comorian waters and a transhipment,

               —

               or the period elapsing between entering Comorian waters and a landing in the Comoros.

         2.   All vessels authorised to fish in Comorian waters under the Agreement shall be obliged to communicate their catches to the Comorian Ministry responsible for fisheries in the following manner:

               2.1.

               Declarations shall include the catches made by the vessel during each trip. They shall be transmitted to the Comorian Ministry responsible for fisheries by electronic means, with a copy to the European Commission, at the end of each trip and, in all cases, before the vessel leaves Comorian waters. Electronic receipts shall be sent at once to the vessel by both addressees, with a copy to the other.

               2.2.

               The originals of the declarations sent electronically during the annual period of validity of the licence within the meaning of point 1 of Section 2 of Chapter I of this Annex shall be transmitted on a physical medium to Comorian Ministry responsible for fisheries within 45 days of the end of the last trip made during the said period. Hard copies shall be sent to the European Community at the same time.

               2.3.

               Vessels shall declare their catches on the corresponding form in the logbook, in accordance with the specimen in Appendix 2. The words ‘Outside Comorian EEZ’ shall be entered in the abovementioned logbook in respect of periods during which the vessel is not in Comorian waters.

               2.4.

               The forms shall be filled in legibly and signed by the master of the ship.

         3.   Where the provisions set out in this Chapter are not complied with, the Government of the Comoros reserves the right to suspend the licence of the offending vessel until formalities have been completed and to apply the penalty laid down in current Comorian legislation. The European Commission shall be informed thereof.
   CHAPTER IV
   EMBARKING SEAMEN
   1.   Each Community vessel shall take on board, at its own expense, at least one local seaman during a trip in Comorian waters.
   2.   Shipowners shall endeavour to take on board additional local seamen.
   3.   Shipowners shall be free to select the seamen they take on board their vessels from the names on a list submitted by the competent Comorian authorities.
   4.   The shipowner or agent shall inform the competent Comorian authorities of the names of the local seamen taken on board the vessel concerned, mentioning their position in the crew.
   5.   The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by EU vessels. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.
   6.   Local seamen’s employment contracts, a copy of which shall be given to the signatories, shall be drawn up between the shipowners’ agent(s) and the seamen and/or their trade unions or representatives in consultation with the competent Comorian authorities. These contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sickness and accident insurance.
   7.   Local seamen’s wages shall be paid by the shipowners. They shall be fixed, before licences are issued, by mutual agreement between the shipowners or their agents and the Comorian authorities. However, the wage conditions granted to Comorian seamen shall not be lower than those applied to Comorian crews and shall under no circumstances be below ILO standards.
   8.   All seamen employed aboard Community vessels shall report to the master of the vessel designated on the day before their proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation, shipowners shall be automatically absolved of their obligation to take the seaman on board.
   9.   Where no local seamen are taken on board for reasons other than that referred to in the previous point, Community shipowners shall be obliged to pay, for each day of the fishing trip in Comorian waters, a flat-rate amount of USD 20 per day. The payment of this amount will take place within the limits laid down in point I.2.6 of this Annex.
   10.   This sum shall be used for training local seamen and shall be paid into the account specified by the Comorian authorities.
   CHAPTER V
   TECHNICAL MEASURES
   Community vessels shall comply with the measures and recommendations adopted by the Indian Ocean Tuna Commission (IOTC) regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities.
   CHAPTER VI
   OBSERVERS
   1.   Vessels authorised to fish in Comorian waters under the Agreement shall take on board observers appointed by the Comorian authorities responsible for fisheries on the terms set out below.
   1.1.   At the request of the Comorian Ministry responsible for fisheries, tuna vessels shall take on board an observer designated by the former to check catches made in Comorian waters.
   1.2.   The competent Comorian authorities shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated.
   1.3.   The competent Comorian authorities shall inform the shipowners concerned, or their agents, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days before the observer’s planned embarkation date.
   2.   The time spent on board by observers shall be one fishing trip. However, at the express request of the competent Comorian authorities, this embarkation may be spread over several trips according to the average duration of trips for a particular vessel. This request shall be made by the competent Comorian authorities when the name of the observer appointed to board the vessel in question is notified.
   3.   The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the Comorian authorities.
   4.   Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Comorian waters after notification of the list of designated ships.
   5.   Within two weeks and giving 10 days’ notice, the shipowners concerned shall make known at which Comorian ports and on what dates they intend to take observers on board.
   6.   Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a vessel with a Comorian observer on board leave Comorian waters, all measures must be taken to ensure the observer’s return to the Comoros as soon as possible at the expense of the shipowner.
   7.   If the observer is not present at the time and place agreed and during the 12 hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board.
   8.   Observers shall be treated as officers. They shall carry out the following tasks:

               8.1.

               observe the fishing activities of the vessels;

               8.2.

               verify the position of vessels engaged in fishing operations;

               8.3.

               perform biological sampling in the context of scientific programmes;

               8.4.

               note the fishing gear used;

               8.5.

               verify the catch data for Comorian waters recorded in the logbook;

               8.6.

               verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans and cephalopods;

               8.7.

               report fishing data by radio, including the quantity of catches and by-catches on board.

         9.   Masters shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties.
   10.   As far as possible, observers shall be offered every facility needed to carry out their duties. The master shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observer.
   11.   While on board, observers shall:

               11.1.

               take the appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations,

               11.2.

               respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel.

         12.   At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent Comorian authorities, with a copy to the European Commission. They shall sign it in the presence of the master, who may add or cause to be added to it any observations considered relevant, followed by the master’s signature. A copy of the report shall be handed to the master when the observer is put ashore.
   13.   Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel.
   14.   The salary and social contributions of the observer shall be borne by the competent Comorian authorities.
   15.   Shipowners shall contribute USD 20 per day per vessel to the costs of scientific observation. This contribution shall be payable at the same time as, and be additional to, the fee payable by the shipowner.
   CHAPTER VII
   MONITORING
   1.   The European Community shall keep an up-to-date list of the vessels to which a fishing licence has been issued under this Protocol. This list shall be notified to the Comorian authorities responsible for fisheries inspection as soon as it is drawn up and each time it is updated.
   2.   Community vessels may be included on the list referred to in the previous point upon receipt of notification of the advance payment referred to in point 3 of Section 2 of Chapter I of this Annex. The shipowner may then obtain a certified copy of this list to be kept on board instead of the fishing licence until the licence has been issued.
   3.   Entering and leaving the zone
   3.1.   Community vessels shall notify the Comorian authorities responsible for fisheries inspection at least three hours in advance of their intention to enter or leave Comorian waters.
   3.2.   When notifying leaving, vessels shall also communicate their position and the volume and species in catches kept on board. This information should preferably be communicated by fax or, for vessels not equipped with a fax, by radio.
   3.3.   Vessels found to be fishing without having informed the competent Comorian authorities shall be regarded as vessels without a licence.
   3.4.   Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing licence is issued.
   4.   Control procedures
   4.1.   Masters of Community fishing vessels engaged in fishing activities in Comorian waters shall allow and facilitate boarding and the discharge of their duties by any Comorian official responsible for the inspection and control of fishing activities.
   4.2.   These officials shall not remain on board for longer than is necessary for the discharge of their duties.
   4.3.   Once the inspection has been completed, a certificate shall be issued to the master of the vessel.
   5.   Satellite monitoring
   All Community vessels fishing under this Agreement will be subject to satellite monitoring in line with the provisions of Appendix 3. These provisions shall enter into force on the 10th day following notification by the Comorian authorities to the Delegation of the Commission of the European Communities in Mauritius of the entry into operation of the Comorian fisheries monitoring centre.
   6.   Boarding
   6.1.   The competent Comorian authorities shall inform the European Commission and the flag State, within no more than 48 hours, of all boardings of and penalties imposed on Community vessels in Comorian waters.
   6.2.   The European Commission shall at the same time receive a brief report of the circumstances and reasons leading to the boarding.
   7.   Statement of boarding
   7.1.   After the competent Comorian authorities have drawn up a statement, the master of the vessel shall sign it.
   7.2.   This signature shall not prejudice the rights of the master or any defence which he may make to the alleged infringement.
   7.3.   The master shall take the vessel to the port indicated by the Comorian authorities. In the case of minor infringements, the competent Comorian authorities may authorise the boarded vessel to continue its fishing activities.
   8.   Consultation meeting in the event of boarding
   8.1.   Before any measures regarding the master or the crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than those to safeguard evidence relating to the presumed infringement, a consultation meeting shall be held, within one working day of the receipt of the above information, between the European Commission and the competent Comorian authorities, possibly attended by a representative of the Member State concerned.
   8.2.   At the meeting, the parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The shipowner or its agent shall be informed of the outcome of the meeting and of any measures resulting from the boarding.
   9.   Settlement of boarding
   9.1.   Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through a compromise procedure. This procedure shall be completed no later than three working days after the boarding.
   9.2.   In the event of an amicable settlement, the amount of the fine shall be determined in accordance with Comorian legislation.
   9.3.   If the case cannot be settled by amicable procedure and has to be brought before a competent judicial body, a bank security set to take account of the boarding costs and the fines and compensation payable by the parties responsible for the infringement shall be paid by the shipowner into a bank account specified by the competent Comorian authorities.
   9.4.   The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than the security lodged, the balance shall be released by the competent Comorian authorities.
   9.5.   The vessel shall be released and its crew authorised to leave the port:

               —

               once the obligations arising under the amicable settlement have been fulfilled, or

               —

               when the bank security referred to in point 9.3. has been lodged and accepted by the competent Comorian authorities, pending completion of the legal proceedings.

         10.   Transhipment
   10.1.   All Community vessels wishing to tranship catches in Comorian waters shall do so within Comorian ports.
   10.2.   The owners of such vessels must notify the following information to the competent Comorian authorities at least 24 hours in advance:

               —

               the names of the transhipping fishing vessels,

               —

               the names of the cargo vessels,

               —

               the tonnage by species to be transhipped,

               —

               the day of transhipment.

         10.3.   Transhipment shall be considered as an exit from Comorian waters. Vessels must therefore submit their catch declarations to the competent Comorian authorities and state whether they intend to continue fishing or leave the Comorian waters.
   10.4.   Any transhipment of catches not covered above shall be prohibited in Comorian waters. Any person infringing this provision shall be liable to the penalties provided for by Comorian law.
   11.   Masters of Community fishing vessels engaged in landing or transhipment operations in a Comorian port shall allow and facilitate the inspection of such operations by Comorian inspectors. Once the inspection has been completed, a certificate shall be issued to the master of the vessel.


Important legal notice

|

E1999C0276

EFTA Surveillance Authority Decision No 276/99/COL of 17 November 1999 including new guidelines on State aid to shipbuilding granted as development assistance to a developing country and amending for the twenty-first time the Procedural and Substantive Rules in the Field of State aid

Official Journal L 135 , 08/06/2000 P. 0036 - 0040

EFTA Surveillance Authority DecisionNo 276/99/COLof 17 November 1999including new guidelines on State aid to shipbuilding granted as development assistance to a developing country and amending for the twenty-first time the Procedural and Substantive Rules in the Field of State aidTHE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area(1), in particular to Articles 61 to 63,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice(2), in particular Article 24 and Article 1 of Protocol 3 thereof,Whereas under Article 24 of the Surveillance and Court Agreement the EFTA Surveillance Authority shall give effect to the provisions concerning State aid;Whereas under Article 5(2)(b) of the Surveillance and Court Agreement the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressely so provides or if the EFTA Surveillance Authority considers it necessary;Recalling the Procedural and Substantive Rules in the Field of State Aid(3) adopted on 19 January 1994 by the EFTA Surveillance Authority(4);Whereas on 10 June 1997, the European Commission communicated to the Member States, an updated list of eligible countries (Letter to Member States SG(97) D/4345 dated 10 June 1997);Whereas the uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area;Whereas according to point II under the heading "GENERAL" at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the European Commission, acts corresponding to those adopted by the Commission, in order to maintain equal conditions of competition;Whereas the Council Regulation (EC) No 1540/98 of 29 June 1998 establishing new rules on aid to shipbuilding, replacing the Council Directive 90/684/EEC of 21 December 1990 on aid to shipbuilding, as last amended by Council Directive 94/73/EC of 19 December 1994, was included into point 1(b) of Annex XV to the EEA Agreement by Decision of the EEA Joint Committee No 12/99 of 29 January 1999,HAS ADOPTED THIS DECISION:1. Chapter 31 of the State Aid Guidelines shall be replaced by the text in Annex I to this Decision.2. The EFTA States shall be informed of this Decision by means of a letter, together with a copy of the Decision, including Annex I.3. The EC Commission shall be informed, in accordance with Protocol 27(d) to the EEA Agreement by means of a copy of the Decision, including Annex I.4. The Decision, including Annex I, shall be published in the EEA Section of and the EEA Supplement to the Official Journal of the European Communities.5. This Decision shall be authentic in the English language.Done at Brussels, 17 November 1999.For the EFTA Surveillance AuthorityKnut AlmestadThe President(1) Hereinafter referred to as the EEA Agreement.(2) Hereinafter referred to as the Surveillance and Court Agreement.(3) Hereinafter referred to as the State Aid Guidelines.(4) Initially published in OJ L 240, 15.9.1994 and in the EEA Supplement thereto No 34 on the same date, last amendment (20th) adopted by Decision No 275/99/COL of 17 November 1999 (OJ L 137, 8.6.2000).ANNEX I"31. AID TO SHIPBUILDING GRANTED AS DEVELOPMENT ASSISTANCE TO A DEVELOPING COUNTRY(1)1. Article 3(5) of the Act referred to in point 1(b) of Annex XV to the EEA Agreement on aid to shipbuilding(2) establishes that aid to shipbuilding and ship conversion granted as development assistance to a developing country shall not be subject to the prevailing maximum production aid ceiling, as fixed under Article 3(1) of the Shipbuilding Regulation.2. Such aid may be deemed compatible with the functioning of the EEA Agreement provided that it complies with the terms laid down for that purpose by OECD Working Party No 6 in its agreement concerning the interpretation of Articles 6 to 8 of the OECD Council Resolution of 3 August 1981 (Understanding on Export Credits for Ships).3. Any such individual proposal is subject to prior notification to the EFTA Surveillance Authority. On the basis of the notification, the Authority shall verify the particular development content of the proposed aid and satisfy itself that it falls within the scope of the Understanding on Export Credits for Ships.4. As regards the latter point, the EFTA Surveillance Authority ensures that the proposed aid complies with the criteria laid down in OECD document C/WP6(84)3 of 18 January 1984 concerning the interpretation of Article 6 of the Understanding on Export Credits for Ships(3).5. Accordingly, the following criteria must be adhered to by the EFTA States granting development aid:1. the aid may not be granted for construction of ships which will be operated under a flag of convenience;2. in the event that the aid cannot be classified as public development aid in the framework of OECD the donor must confirm that the aid is part of an inter-governmental agreement;3. the donor must give appropriate assurances that the real owner is resident in the beneficiary country and that the beneficiary company is not a non-operational subsidiary of a foreign company;4. the beneficiary must give undertakings not to sell the ship without prior government approval.Furthermore the aid granted must contain a grant element of at least 25 % in accordance with the OECD method of calculation, see OECD document C/WP6(85)62 of 21 October 1985.6. The Understanding on Export Credits for Ships does not, on the other hand, provide for any criteria applicable to the classification of countries eligible for development aid. The EFTA Surveillance Authority has decided, taking into account the practice of the Europen Commission, to consider compatible with the functioning of the EEA Agreement the granting of development aid to the following countries under the terms of Article 3(5) of the Shipbuilding Regulation:(a) ACP States(4)(b) overseas countries and territories of EC Member States(5)(c) all countries not included in (a) or (b) above which are classified on the OECD DAC-list as least-developed countries (LLDC), lowincome countries (LIC) or lower middle-income countries (LMIC). These countries are the following:- Afghanistan (LLDC),- Albania (LIC),- Algeria (LMIC),- Armenia (LIC),- Azerbaijan (LIC),- Bangladesh (LLDC),- Bhutan (LLDC),- Bolivia (LMIC),- Bosnia and Herzegovina (LIC),- Cambodia (LLDC),- China (LIC),- Colombia (LMIC),- Costa Rica (LMIC),- Cuba (LMIC),- East Timor (LMIC),- Ecuador (LMIC),- Egypt (LMIC),- El Salvador (LMIC),- Former Yugoslav Republic of Macedonia (LMIC),- Georgia (LIC),- Guatemala (LMIC),- Honduras (LIC),- India (LIC),- Indonesia (LMIC),- Iran (LMIC),- Iraq (LMIC),- Jordan (LMIC),- Kazakhstan (LMIC),- Kyrgyztan (LIC),- Laos (LLDC),- Lebanon (LMIC),- Maldives (LLDC),- Marshall Islands (LMIC),- Federated States of Micronesia (LMIC),- Moldova (LMIC),- Mongolia (LIC),- Morocco (LMIC),- Myanmar (LLDC),- Nepal (LLDC),- Nicaragua (LIC),- Niue (LMIC),- North Korea (LMIC),- Pakistan (LIC),- Palau Islands (LMIC),- Palestinian Administered Areas (LMIC),- Panama (LMIC),- Paraguay (LMIC),- Peru (LMIC),- Philippines (LMIC),- Sri Lanka (LIC),- Syria (LMIC),- Tajikistan (LIC),- Thailand (LMIC),- Tokelau (LMIC),- Tunisia (LMIC),- Turkey (LMIC),- Turkmenistan (LMIC),- Uzbekistan (LMIC),- Venezuela (LMIC),- Vietnam (LIC),- Yemen (LLDC),- Federal Republic of Yugoslavia (LMIC).7. Countries appearing in the upper middle-income countries (UMIC) classification will not be considered eligible.8. In order to safeguard the EFTA States' shipbuilding interests the EFTA Surveillance Authority would, however, allow the EFTA States to grant development aid to countries not falling under the above categories provided it can be substantiated by the EFTA States that a third country participant to the OECD Understanding is planning to grant development aid for a particular contract. In this event the EFTA Surveillance Authority may deem compatible with the functioning of the EEA Agreement development aid to be granted for this contract up to the same level as that planned by a third country participant to the OECD Understanding in terms of OECD grant element.9. In order to tighten up the application of Article 3(5) of the Shipbuilding Regulation and ensure compliance with the criteria referred to in paragraph 5) the EFTA States are required to formally engage in each individual notification of development projects under Article 3(5) of the Shipbuilding Regulation that these criteria are adhered to. They will also be expected to give the relevant details of the contract in order to determine how the contract price relates to market prices of comparable vessels.10. The EFTA States are advised that as regards the criterion of flag of convenience (point 1, paragraph 5) the EFTA Surveillance Authority will consider the following countries as having a flag of convenience:- Antigua and Barbuda,- Bahamas,- Bermuda,- Cayman Islands,- Cyprus,- Honduras,- Lebanon,- Liberia,- Malta,- Marshall Islands,- Panama,- St Vincent,- Vanuatu,- Mauritius,11. The provisions of this chapter will be valid until the expiry of the Act referred to in point 1(b) of Annex XV to the EEA Agreement."(1) This chapter corresponds to the Commission letter to Member States SG(89) D/311 dated 3 January 1989, as last updated by the Commission letter to Member States SG(97) D/4345 dated 10 June 1997. The up-dated lists of eligible countries and flags of convience are published in the Commission notice as regards the list of countries eligible for development aid pursuant to Article 4(7) of the seventh Council Directive 90/684/EEC as last amended by Council Regulation (EC) No 1904/96 on aid to shipbuilding, OJ C 218, 18.7.1997, p. 8.(2) Council Regulation (EC) No 1540/98 of 29 June 1998 establishing new rules on aid to shipbuilding. This Council Regulation, as adapted for the purpose of the EEA Agreement by the EEA Joint Committee Decision No 12/99 of 29 January 1999, will hereinafter be referred to as the Shipbuilding Regulation.(3) Working Party No 6 of the Council: Revision of the definitions and administrative procedures concerning the Understanding on Export Credits for Ships.(4) See Decision 91/400/ECSC, EEC of the Council and the Commission of 25 February 1991 on the conclusion of the fourth ACP-EEC Convention (OJ L 229, 17.8.1991, p. 1). List of ACP countries in Commission notice as regards the list of eligible countries (OJ 218, 18.7.1997, p. 9).(5) See Annex I to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (OJ L 263, 19.9.1991, p. 1). List of OCT countries in Commission notice as regards the list of eligible countries (OJ C 218, 18.7.1997, p. 10 and 11).


               25.4.2016

               EN

               Official Journal of the European Union

               C 145/2

         Decision of the Court of Justice
   of 9 March 2016
   on official holidays and judicial vacations
   (2016/C 145/02)
   THE COURT
   having regard to Article 24(2), (4) and (6) of the Rules of Procedure,
   whereas it is necessary, in accordance with that provision, to establish the list of official holidays and to set the dates of the judicial vacations,
   HAS ADOPTED THIS DECISION:

      Article 1

   The list of official holidays within the meaning of Article 24(4) and (6) of the Rules of Procedure is established as follows:

               —

               New Year’s Day,

               —

               Easter Monday,

               —

               1 May,

               —

               Ascension,

               —

               Whit Monday,

               —

               23 June,

               —

               15 August,

               —

               1 November,

               —

               25 December,

               —

               26 December.

      Article 2

   For the period from 1 November 2016 to 31 October 2017, the dates of the judicial vacations within the meaning of Article 24(2) and (6) of the Rules of Procedure are as follows:

               —

               Christmas 2016: from Monday 19 December 2016 to Sunday 8 January 2017 inclusive,

               —

               Easter 2017: from Monday 10 April 2017 to Sunday 23 April 2017 inclusive,

               —

               Summer 2017: from Friday 21 July 2017 to Sunday 3 September 2017 inclusive.

      Article 3

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

      Luxembourg, 9 March 2016.

            Registrar

         A. CALOT ESCOBAR

            President

         K. LENAERTS


title: 2014/334/EU: Council Decision of 19 May 2014 on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe

text:
               7.6.2014

               EN

               Official Journal of the European Union

               L 168/1

         COUNCIL DECISION
   of 19 May 2014
   on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe

      (2014/334/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 23 July 2007, the Council approved the Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community (the ‘Partnership Agreement’) by adopting Regulation (EC) No 894/2007 (1).

               (2)

               The application of the latest Protocol (2) setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement expired on 12 May 2014.

               (3)

               The Union negotiated with São Tomé and Príncipe a new Protocol, for a period of four years, granting Union vessels fishing opportunities in the waters over which the Democratic Republic of São Tomé and Príncipe has sovereignty or jurisdiction in respect of fisheries. At the end of those negotiations, a new Protocol was initialled on 19 December 2013.

               (4)

               In order to guarantee the continuity of fishing activities by Union vessels, provision is made for the new Protocol to apply provisionally, pending completion of the procedures necessary for its conclusion. This provisional application will take effect from the date of its signature, but not before the date of expiry of the latest Protocol.

               (5)

               The new Protocol should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union, of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe (the ‘Protocol’) is hereby authorised, subject to the conclusion of the Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union.
   Article 3
   The Protocol shall be applied provisionally, in accordance with Article 14 thereof, from the date of its signature (3), and from 13 May 2014 at the earliest, pending completion of the procedures necessary for its conclusion.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 19 May 2014.

            For the Council

            The President

         A. TSAFTARIS

      (1)  Council Regulation (EC) No 894/2007 of 23 July 2007 on the conclusion of a Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community (OJ L 205, 7.8.2007, p. 35).

      (2)  Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Democratic Republic of São Tomé and Príncipe (OJ L 136, 24.5.2011, p. 5).

      (3)  The date of signature of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


European Parliament decision on insertion of a new Rule on requests to European Agencies in Parliament's Rules of Procedure (2004/2008(REG))


title: Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine

text:
               6.3.2015

               EN

               Official Journal of the European Union

               L 62/25

         COUNCIL DECISION (CFSP) 2015/364
   of 5 March 2015
   amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 5 March 2014, the Council adopted Council Decision 2014/119/CFSP (1).

               (2)

               On 29 January 2015, Council Decision (CFSP) 2015/143 (2) clarified the designation criteria for the freezing of funds targeting persons responsible for the misappropriation of Ukrainian State funds.

               (3)

               The restrictive measures set out in Decision 2014/119/CFSP apply until 6 March 2015. On the basis of a review of that Decision, the application of those restrictive measures should be extended until 6 March 2016 in respect of 14 persons, and until 6 June 2015 in respect of four persons. The entries for 18 persons should be amended.

               (4)

               Decision 2014/119/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2014/119/CFSP is amended as follows:

               (1)

               Article 5 is replaced by the following:
               ‘Article 5
               This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
               This Decision shall apply until 6 March 2016. The measures in Article 1 shall apply with regard to entries No 4, 8, 10 and 13 in the Annex until 6 June 2015.
               This Decision shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’;

               (2)

               the Annex is replaced by the text appearing in the Annex to this Decision.

         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, 5 March 2015.

            For the Council

            The President

         D. REIZNIECE-OZOLA

      (1)  Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ L 66, 6.3.2014, p. 26).

      (2)  Council Decision (CFSP) 2015/143 of 29 January 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ L 24, 30.1.2015, p. 16).

      ANNEX

            ‘ANNEX

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

                        Name

                        Identifying information

                        Statement of reasons

                        Date of listing

                        1.

                        Viktor Fedorovych Yanukovych
                        (Віктор Федорович Янукович),
                        Viktor Fedorovich Yanukovich
                        (Виктор Фёдорович Янукович)

                        born on 9 July 1950 in Yenakiieve (Donetsk oblast), former President of Ukraine

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        6.3.2014

                        2.

                        Vitalii Yuriyovych Zakharchenko
                        (Віталій Юрійович Захарченко),
                        Vitaliy Yurievich Zakharchenko
                        (Виталий Юрьевич Захарченко)

                        born on 20 January 1963 in Kostiantynivka (Donetsk oblast), former Minister of Internal Affairs

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        6.3.2014

                        3.

                        Viktor Pavlovych Pshonka
                        (Віктор Павлович Пшонка)

                        born on 6 February 1954 in Serhiyivka (Donetsk oblast), former Prosecutor General of Ukraine

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        6.3.2014

                        4.

                        Olena Leonidivna Lukash
                        (Олена Леонідівна Лукаш),
                        Elena Leonidovna Lukash
                        (Елена Леонидовна Лукаш)

                        born on 12 November 1976 in Rîbnița (Moldova), former Minister of Justice

                        Person subject to investigations by the Ukrainian authorities for the abuse of office as a public office-holder in order to procure an unjustified advantage for herself or for a third party and thereby causing a loss to Ukrainian public funds.

                        6.3.2014

                        5.

                        Andrii Petrovych Kliuiev
                        (Андрій Петрович Клюєв),
                        Andriy Petrovych Klyuyev

                        born on 12 August 1964 in Donetsk, former Head of Administration of President of Ukraine

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and in connection with the misuse of office by a public office-holder to procure an unjustified advantage for himself or a third party thereby causing a loss to the Ukrainian public budget or assets.

                        6.3.2014

                        6.

                        Viktor Ivanovych Ratushniak
                        (Віктор Іванович Ратушняк)

                        born on 16 October 1959, former Deputy Minister of Internal Affairs

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto.

                        6.3.2014

                        7.

                        Oleksandr Viktorovych Yanukovych
                        (Олександр Вікторович Янукович)

                        born on 10 July 1973 in Yenakiieve (Donetsk oblast), son of former President, businessman

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        6.3.2014

                        8.

                        Viktor Viktorovych Yanukovych
                        (Віктор Вікторович Янукович)

                        born on 16 July 1981 in Yenakiieve (Donetsk oblast), son of former President, Member of the Verkhovna Rada of Ukraine

                        Person subject to investigations by the Ukrainian authorities for the misappropriation of public funds or assets. Person associated with a designated person (former President of Ukraine, Viktor Fedorovych Yanukovych) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        6.3.2014

                        9.

                        Artem Viktorovych Pshonka
                        (Артем Вікторович Пшонка)

                        born on 19 March 1976 in Kramatorsk (Donetsk oblast), son of former Prosecutor General, Deputy Head of the faction of Party of Regions in the Verkhovna Rada of Ukraine

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto.

                        6.3.2014

                        10.

                        Serhii Petrovych Kliuiev
                        (Сергій Петрович Клюєв),
                        Serhiy Petrovych Klyuyev

                        born on 19 August 1969 in Donetsk, brother of Mr Andrii Kliuiev, businessman

                        Person subject to investigation by the Ukrainian authorities for involvement in the misappropriation of public funds or assets and in the abuse of public office as a public office-holder in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss to Ukrainian public funds or assets. Person associated with a designated person (Andrii Petrovych Kliuiev) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        6.3.2014

                        11.

                        Mykola Yanovych Azarov
                        (Микола Янович Азаров),
                        Nikolai Yanovich Azarov
                        (Николай Янович Азаров)

                        born on 17 December 1947 in Kaluga (Russia), Prime Minister of Ukraine until January 2014

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        6.3.2014

                        12.

                        Serhiy Vitaliyovych Kurchenko
                        (Сергій Віталійович Курченко)

                        born on 21 September 1985 in Kharkiv, businessman

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        6.3.2014

                        13.

                        Dmytro Volodymyrovych Tabachnyk
                        (Дмитро Володимирович Табачник)

                        born on 28 November 1963 in Kiev, former Minister of Education and Science

                        Person subject to investigation by the Ukrainian authorities for the abuse of office as a public office-holder in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss to Ukrainian public funds or assets.

                        6.3.2014

                        14.

                        Raisa Vasylivna Bohatyriova
                        (Раїса Василівна Богатирьова),
                        Raisa Vasilievna Bogatyreva
                        (Раиса Васильевна Богатырёва)

                        born on 6 January 1953 in Bakal (Chelyabinsk oblast, Russia), former Minister of Health

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        6.3.2014

                        15.

                        Serhiy Hennadiyovych Arbuzov
                        (Сергій Геннадійович Арбузов),
                        Sergei Gennadievich Arbuzov
                        (Сергей Геннадиевич Арбузов)

                        born on 24 March 1976 in Donetsk, former Prime Minister of Ukraine

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        15.4.2014

                        16.

                        Yuriy Volodymyrovych Ivanyushchenko
                        (Юрій Володимирович Іванющенко)

                        born on 21 February 1959 in Yenakiieve (Donetsk oblast), Party of Regions MP

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        15.4.2014

                        17.

                        Oleksandr Viktorovych Klymenko
                        (Олександр Вікторович Клименко)

                        born on 16 November 1980 in Makiivka (Donetsk oblast), former Minister of Revenues and Charges

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for the abuse of office by a public office-holder in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss to Ukrainian public funds or assets.

                        15.4.2014

                        18.

                        Edward Stavytskyi,
                        Eduard Anatoliyovych Stavytsky
                        (Едуард Анатолійович Ставицький)

                        born on 4 October 1972 in Lebedyn (Sumy oblast), former Minister of Fuel and Energy of Ukraine
                        Reportedly residing in Israel. However, still in possession of his Ukrainian citizenship

                        Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                        15.4.2014’


title: 2004/670/EC: Council Decision of 8 June 2004 appointing one Austrian member and one Austrian alternate member of the Committee of the Regions

text:
               5.10.2004

               EN

               Official Journal of the European Union

               L 307/4

      COUNCIL DECISION

   of 8 June 2004
   appointing one Austrian member and one Austrian alternate member of the Committee of the Regions
   (2004/670/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Austrian Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions (1).

               (2)

               The seat of a member and the seat of an alternate member of the Committee of the Regions have become vacant following the expiry of the mandates of Mr Jörg HAIDER, member, and of Mr Adam UNTERRIEDER, alternate member, of which the Council was notified on 10 May 2004,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed members of the Committee of the Regions:

               (a)

               as a member:

                           M. Jörg HAIDER

                           Landeshauptmann;

               (b)

               as an alternate member:

                           M. Josef MARTINZ

                           to replace Mr Adam UNTERRIEDER;

         for the remainder of their term of office, which ends on 25 January 2006.

      Done at Luxembourg, 8 June 2004.

            For the Council

            The President

         M. McDOWELL

      (1)  OJ L 24, 26.1.2002, p. 38.


title: Council Decision of 21 March 2011 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Luxembourg, Malta and Austria

text:
               24.3.2011

               EN

               Official Journal of the European Union

               C 92/8

         COUNCIL DECISION
   of 21 March 2011
   appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Luxembourg, Malta and Austria
   2011/C 92/04
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (1), and in particular Article 8 thereof,
   Having regard to the list of nominations for appointment submitted to the Council by the governments of the Member States and by the employers’ and the employees’ organisations,
   Having regard to the lists of members and alternate members of the Advisory Committee on Safety and Health at Work,
   Whereas:

               (1)

               By Decision of 22 November 2010 (2) the Council appointed the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period from 8 November 2010 to 7 November 2013.

               (2)

               The Government of Malta and the employees’ organisations have submitted nominations for a number of posts to be filled for Luxembourg, Malta and Austria,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following shall be appointed members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2013:
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Members

               Alternate members

               Malta

               Mr Mark GAUCI

               Mr Vince ATTARD

   II.   REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS

               Country

               Members

               Alternate members

               Luxembourg

               Mr Marcel GOEREND

               Mr Raffaele PAOLETTI

               Malta

               Mr Jesmond BONELLO

               Mr Joseph CARABOTT

               Austria

               Ms Julia NEDJELIK-LISCHKA

               Mr Alexander HEIDER

         Article 2
   The Council will appoint the members and alternate members not yet nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 March 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ L 216, 20.8.1994, p. 1.

      (2)  OJ C 322, 27.11.2010, p. 3.