title: Council Decision (EU) 2015/1987 of 5 October 2015 on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau

text:
               6.11.2015

               EN

               Official Journal of the European Union

               L 290/1

         COUNCIL DECISION (EU) 2015/1987
   of 5 October 2015
   on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau
   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 point(a) of the second subparagraph of Article 218(6) and Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 17 March 2008, the Council approved, by means of Regulation (EC) No 241/2008 (1), the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (‘the Agreement’).

               (2)

               The Union and the Republic of Guinea-Bissau have negotiated a new Protocol (‘the Protocol’) granting Union vessels fishing opportunities in waters in which the Republic of Guinea-Bissau exercises sovereignty or jurisdiction with regard to fishing.

               (3)

               The Protocol was signed on 24 November 2014 in accordance with Decision 2014/782/EU (2), and has been applied provisionally from the date of its signature.

               (4)

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

               (5)

               The Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau is hereby approved on behalf of the Union (3).
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 19 of the Protocol (4).
   Article 3
   Subject to the provisions and conditions set out in the Annex, the Commission shall be empowered to approve, on behalf of the Union, modifications to the Protocol in the Joint Committee.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 5 October 2015.

            For the Council

            The President

         N. SCHMIT

      (1)  Council Regulation (EC) No 241/2008 of 17 March 2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (OJ L 75, 18.3.2008, p. 49).

      (2)  OJ L 328, 13.11.2014, p. 1.

      (3)  The Protocol was published in OJ L 328, 13.11.2014, p. 3 together with the decision on signing.

      (4)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      ANNEX

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

                  1.

                  The Commission shall be authorised to negotiate with the Republic of Guinea Bissau and, where appropriate and subject to complying with point 3 of this Annex, agree modifications to the Protocol in respect of the following issues:

                              (a)

                              adjustment of fishing opportunities and of the financial contribution in accordance with Articles 6 and 7 of the Protocol;

                              (b)

                              a decision on the rules on sectoral support in accordance with Article 3 of the Protocol;

                              (c)

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

                  2.

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

                              (a)

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

                              (b)

                              follow the Council Conclusions of 19 March 2012 on a Communication on the external dimension of the Common Fisheries Policy;

                              (c)

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

                  3.

                  When a decision on modifications to the Protocol as referred to in point 1 is expected to be adopted during a Joint Committee meeting, the necessary steps shall be taken so that the position to be expressed on behalf of the Union takes account of the latest statistical, biological and other relevant information transmitted to the Commission.
                  To this effect and based on that information, a document setting out the particulars of the proposed Union position shall be transmitted by the Commission, in sufficient time before the relevant Joint Committee meeting, to the Council or to its preparatory bodies for consideration and approval.
                  In respect of issues referred to in point 1(a), the approval of the envisaged Union position by the Council shall require a qualified majority of votes. In the other cases, the Union position envisaged in the preparatory document shall be deemed to be agreed, unless a number of Member States equivalent to a blocking minority objects during a meeting of the Council's preparatory body or within 20 days from receipt of the preparatory document, whichever occurs earlier. In case of such objection, the matter shall be referred to the Council.
                  If, in the course of further meetings, including on the spot, it is impossible to reach an agreement in order for the Union position to take account of new elements, the matter shall be referred to the Council or its preparatory bodies.

                  4.

                  The Commission shall be invited to take, in due time, any steps necessary as a follow-up to the decision of the Joint Committee, including, where appropriate, publication of the relevant decision in the Official Journal of the European Union and submission of any proposal necessary for the implementation of that decision.


title: Council Decision 2012/315/CFSP of 19 December 2011 on the signing and conclusion of the Agreement between the European Union and New Zealand establishing a framework for the participation of New Zealand in European Union crisis management operations

text:
               21.6.2012

               EN

               Official Journal of the European Union

               L 160/1

         COUNCIL DECISION 2012/315/CFSP
   of 19 December 2011
   on the signing and conclusion of the Agreement between the European Union and New Zealand establishing a framework for the participation of New Zealand in European Union crisis management operations
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, in particular Article 37 thereof, and the Treaty on the Functioning of the European Union, in particular Article 218(5) and (6) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy (‘the HR’),
   Whereas:

               (1)

               Conditions regarding the participation of third States in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.

               (2)

               Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the HR negotiated an Agreement between the European Union and New Zealand establishing a framework for the participation of New Zealand in European Union crisis management operations (‘the Agreement’).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and New Zealand establishing a framework for the participation of New Zealand in European Union crisis management operations is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16(1) of the Agreement.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 19 December 2011.

            For the Council

            The President

         M. KOROLEC

    ---documentbreak---

               21.6.2012

               EN

               Official Journal of the European Union

               L 160/1

         AGREEMENT
   between the European Union and New Zealand establishing a framework for the participation of New Zealand in European Union crisis management operations
   THE EUROPEAN UNION (EU),
   of the one part, and
   NEW ZEALAND
   of the other part,
   hereinafter referred to as the ‘Parties’,
   WHEREAS:

               (1)

               The European Union may decide to take action in the field of crisis management.

               (2)

               The European Union will decide whether third States will be invited to participate in an EU crisis management operation. New Zealand may accept the invitation by the European Union and offer its contribution. In such case, the European Union will decide on the acceptance of the proposed contribution of New Zealand.

               (3)

               Conditions regarding the participation of New Zealand in EU crisis management operations should be laid down in an Agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned.

               (4)

               Such an Agreement should be without prejudice to the decision-making autonomy of the European Union, and should not prejudge the case-by-case nature of the decisions of New Zealand to participate in an EU crisis management operation.

               (5)

               Such an Agreement should only address EU crisis management operations and should be without prejudice to any existing agreements regulating the participation of New Zealand in an EU crisis management operation that has been already deployed,

         HAVE AGREED AS FOLLOWS:
   SECTION I

      GENERAL PROVISIONS

   Article 1
   Decisions relating to the participation
   1.   Following the decision of the European Union to invite New Zealand to participate in an EU crisis management operation, and once New Zealand has decided to participate, New Zealand shall provide information on its proposed contribution to the European Union.
   2.   The European Union shall provide New Zealand with an early indication of the likely contribution to the common costs of the operation as soon as possible with a view to assisting New Zealand in the formulation of its offer.
   3.   The assessment by the European Union of New Zealand’s proposed contribution shall be conducted in consultation with New Zealand.
   4.   The European Union shall communicate the outcome of that assessment to New Zealand by letter in a timely fashion with a view to securing the participation of New Zealand in accordance with the provisions of this Agreement.
   Article 2
   Framework
   1.   New Zealand shall associate itself with the Council Decision by which the Council of the European Union decides that the EU will conduct the crisis management operation, and with any other decision by which the Council of the European Union decides to extend the EU crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The participation of New Zealand in an EU crisis management operation shall be without prejudice to the decision-making autonomy of the European Union.
   3.   Paragraph 1 does not affect the right of New Zealand to withdraw from participation in an EU crisis management operation if it does not agree with a Decision referred to in that paragraph.
   Article 3
   Status of personnel and forces
   1.   The status of personnel seconded to an EU civilian crisis management operation and/or of the forces contributed to an EU military crisis management operation by New Zealand shall be governed by the agreement on the status of forces/mission, if available, concluded between the European Union and the State(s) in which the operation is conducted.
   2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation takes place, shall be governed by arrangements between the headquarters and command elements concerned and New Zealand.
   3.   Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, and subject to any bilateral or multilateral agreements in force, in cases where the forces of New Zealand operate on board a vessel or aircraft of an EU Member State, the latter State shall exercise jurisdiction in accordance with its internal laws and procedures.
   4.   New Zealand shall be responsible for answering any claims linked to its participation in an EU crisis management operation, from or concerning any of its personnel. New Zealand shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations.
   5.   The Parties agree to waive any and all claims (other than contractual claims) against each other for damage to, loss, or destruction of assets owned/operated by either Party, or injury or death to personnel of either Party, arising out of the performance of their official duties in connection with activities under this Agreement, except in the case of gross negligence or wilful misconduct.
   6.   New Zealand undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which New Zealand participates, and to do so when signing this Agreement.
   7.   The European Union undertakes to ensure that European Union Member States make a declaration as regards the waiver of claims, for any future participation of New Zealand in an EU crisis management operation, and to do so when signing this Agreement.
   Article 4
   Classified information
   1.   New Zealand shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (1), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander concerning an EU military crisis management operation or by the EU Head of Mission concerning an EU civilian crisis management operation.
   2.   If the EU receives classified information from New Zealand, that information shall be given protection appropriate to its classification and equivalent to the standards established in the regulations for EU classified information.
   3.   Where the EU and New Zealand have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of an EU crisis management operation.
   SECTION II

      PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS MANAGEMENT OPERATIONS

   Article 5
   Personnel seconded to an EU civilian crisis management operation
   1.   New Zealand shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in accordance with:

               (a)

               the Council Decision and subsequent amendments as referred to in Article 2(1);

               (b)

               the Operation Plan;

               (c)

               implementing measures.

         2.   New Zealand shall inform in due time the Head of Mission of the EU civilian crisis management operation (‘Head of Mission’) and the High Representative of the Union for Foreign Affairs and Security Policy (‘HR’) of any change to its contribution to the EU civilian crisis management operation.
   3.   Personnel seconded to the EU civilian crisis management operation shall undergo a medical examination, vaccination as may be deemed necessary by the competent New Zealand authorities, and be certified medically fit for duty by a competent authority from New Zealand. Personnel seconded to the EU civilian crisis management operation shall produce a copy of that certification.
   Article 6
   Chain of command
   1.   Personnel seconded by New Zealand shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.
   2.   All personnel shall remain under the full command of their national authorities.
   3.   National authorities shall transfer operational control to the European Union.
   4.   The Head of Mission shall assume responsibility and exercise command and control of the EU civilian crisis management operation at theatre level.
   5.   The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.
   6.   New Zealand shall have the same rights and obligations in terms of day-to-day management of the operation as European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).
   7.   The EU civilian crisis management operation Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   8.   A National Contingent Point of Contact (NPC) shall be appointed by New Zealand to represent its national contingent in the operation. The NPC shall report to the EU civilian crisis management operation Head of Mission on national matters and shall be responsible for day-to-day discipline of the contingent.
   9.   The decision to end the operation shall be taken by the European Union, following consultation with New Zealand if it is still contributing to the EU civilian crisis management operation at the date of termination of the operation.
   Article 7
   Financial aspects
   1.   New Zealand shall assume all the costs associated with its participation in the operation apart from the running costs, as set out in the operational budget of the operation. This shall be without prejudice to Article 8.
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, issues of possible liability and compensation by New Zealand shall be governed by the conditions foreseen in the applicable status of mission agreement referred to in Article 3(1) or any applicable alternative arrangements.
   Article 8
   Contribution to operational budget
   1.   New Zealand shall contribute to the financing of the budget of the EU civilian crisis management operation.
   2.   The financial contribution of New Zealand to the operational budget shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:

               (a)

               the share of the reference amount which is in proportion to the ratio of New Zealand’s GNI to the total GNIs of all States contributing to the operational budget of the operation; or

               (b)

               the share of the reference amount for the operational budget which is in proportion to the ratio of the number of personnel from New Zealand participating in the operation to the total number of personnel of all States participating in the operation.

         3.   Notwithstanding paragraphs 1 and 2, New Zealand shall not make any contribution towards the financing of per diem allowances paid to personnel of the European Union Member States.
   4.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt New Zealand from financial contributions to a particular EU civilian crisis management operation when:

               (a)

               the European Union decides that New Zealand’s participation in the operation provides a significant contribution which is essential for this operation; or

               (b)

               New Zealand has a GNI per capita which does not exceed that of any Member State of the European Union.

         5.   An arrangement on the payment of the contributions of New Zealand to the operational budget of the EU civilian crisis management operation shall be signed between the EU civilian crisis management operation Head of Mission and the relevant administrative services of New Zealand. That arrangement shall, inter alia, include the following provisions:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution; and

               (c)

               the auditing procedure.

         SECTION III

      PROVISIONS ON PARTICIPATION IN MILITARY CRISIS MANAGEMENT OPERATIONS

   Article 9
   Participation in the EU military crisis management operation
   1.   New Zealand shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in accordance with:

               (a)

               the Council Decision and subsequent amendments as referred to in Article 2(1);

               (b)

               the Operation Plan; and

               (c)

               implementing measures.

         2.   New Zealand shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 10
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   Personnel seconded by New Zealand shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
   3.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander, who is entitled to delegate his authority.
   4.   New Zealand shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   5.   The EU Operation Commander may, following consultations with New Zealand, at any time request the withdrawal of New Zealand’s contribution.
   6.   A Senior Military Representative (SMR) shall be appointed by New Zealand to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for the day-to-day discipline of contingent of New Zealand.
   Article 11
   Financial aspects
   1.   Without prejudice to Article 12 of this agreement, New Zealand shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1) of this Agreement, as well as in Council Decision 2008/975/CFSP (2) establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications.
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, issues of possible liability and compensation by New Zealand shall be governed by the conditions foreseen in the applicable status of forces agreement referred to in Article 3(1) or any applicable alternative arrangements.
   Article 12
   Contribution to the common costs
   1.   New Zealand shall contribute to the financing of the common costs of the EU military crisis management operation.
   2.   The financial contribution of New Zealand to the common costs shall be calculated on the basis of either of the following two formulae, whichever produces the lower amount:

               (a)

               the share of the common costs which is in proportion to the ratio of New Zealand’s GNI to the total GNIs of all States contributing to the common costs of the operation; or

               (b)

               the share of the common costs which is in proportion to the ratio of the number of personnel from New Zealand participating in the operation to the total number of personnel of all States participating in the operation.

         Where the formula under point (b) of the first subparagraph is used and New Zealand contributes personnel only to the Operation or Force Headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. In other cases, the ratio shall be that of all personnel contributed by New Zealand to that of the total personnel of the operation.
   3.   Notwithstanding paragraph 1 above, the European Union shall, in principle, exempt New Zealand from financial contributions to the common costs of a particular EU military crisis management operation when:

               (a)

               the European Union decides that New Zealand’s participation in the operation provides a significant contribution to assets and/or capabilities which are essential for the operation; or

               (b)

               New Zealand has a GNI per capita which does not exceed that of any Member State of the European Union.

         4.   An arrangement shall be concluded between the Administrator provided for in Decision 2008/975/CFSP establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications, and the competent administrative authorities of New Zealand. That arrangement shall include inter alia provisions on:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution; and

               (c)

               the auditing procedure.

         SECTION IV

      FINAL PROVISIONS

   Article 13
   Arrangements to implement the Agreement
   Without prejudice to the provisions of Articles 12(4) and 8(5), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the High Representative of the Union for Foreign Affairs and Security Policy, and the appropriate authorities of New Zealand.
   Article 14
   Non-compliance
   Should one of the Parties fail to comply with its obligations under this Agreement, the other Party shall have the right to terminate this Agreement by serving notice of one month.
   Article 15
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 16
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be reviewed upon the request of either Party.
   3.   This Agreement may be amended on the basis of a mutual written agreement between the Parties.
   4.   This Agreement maybe denounced by either Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.

      Done at Brussels, this eighteenth day of April in the year two thousand and twelve.

         For the European Union

         For New Zealand

      (1)  OJ L 141, 27.5.2011, p. 17.

      (2)  OJ L 345, 23.12.2008, p. 96.
   DECLARATION BY THE EU MEMBER STATES
   The EU Member States applying an EU Council Decision of an EU crisis management operation in which New Zealand participates will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against New Zealand for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from New Zealand in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by New Zealand, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from New Zealand using those assets.

         DECLARATION BY NEW ZEALAND
   New Zealand, when applying an EU Council Decision of an EU crisis management operation, will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any EU Member State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               (a)

               was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct; or

               (b)

               arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.


Avis juridique important

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31987D0122

87/122/EEC: Council Decision of 9 February 1987 on the conclusion of the second Exchange of Letters complementing the Agreement between the European Economic Community and New Zealand on trade in mutton, lamb and goatmeat and comprising an understanding relevant to the first subparagraph of clause 2 of that Agreement

Official Journal L 050 , 19/02/1987 P. 0027

*****COUNCIL  DECISION  of 9 February 1987  on the conclusion of the second Exchange of Letters complementing the Agreement between the European Economic Community and New Zealand on trade in mutton, lamb and goatmeat and comprising an understanding relevant to the first subparagraph of clause 2 of that Agreement  (87/122/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas, under the voluntary restraint Agreement concluded with the European Economic Community on mutton, lamb and goatmeat (1). New Zealand undertook, in an Exchange of Letters (2), to limit the amount of its exports to certain Community markets considered to be sensitive areas; whereas, however, this undertaking provides that the quantities for 1987 and 1988 be fixed by 1 August 1986;  Whereas the Commission has conducted negotiations to that end with New Zealand and whereas these negotiations resulted in the initialling of an Exchange of Letters with that country,  HAS DECIDED AS FOLLOWS:  Article 1  1. The second Exchange of Letters complementing the Agreement between the European Economic Community and New Zealand on trade in mutton, lamb and goatmeat and comprising an understanding relevant to the first subparagraph of clause 2 of that Agreement is hereby approved on behalf of the Community.  2. The text of the Exchange of Letters is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Exchange of Letters referred to in Article 1 in order to bind the Community.  Done at Brussels, 9 February 1987.  For the Council  The President  P. DE KEERSMAEKER  (1) OJ No L 275, 18. 10. 1980, p. 28.  (2) OJ No L 187, 14. 7. 1984, p. 75.


title: Council Decision 2009/1002/CFSP of 22 December 2009 amending Common Position 2006/795/CFSP concerning restrictive measures against the Democratic People's Republic of Korea

text:
               23.12.2009

               EN

               Official Journal of the European Union

               L 346/47

      COUNCIL DECISION 2009/1002/CFSP
   of 22 December 2009
   amending Common Position 2006/795/CFSP concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 20 November 2006, the Council of the European Union adopted Common Position 2006/795/CFSP concerning restrictive measures against the Democratic People's Republic of Korea (DPRK) (1); this Common Position was amended by Common Position 2009/573/CFSP (2) which implemented United Nations Security Council Resolution 1874 (2009)

               (2)

               The prohibition on the direct and indirect supply, sale or transfer to the DPRK of certain items, materials, equipment, goods and technology should include all dual-use goods and technology listed in Annex I to Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (3).

               (3)

               The Council has identified persons and entities that fulfil the criteria set out in Articles 3(1)(b) and 4(1)(b) and Articles 3(1)(c) and 4(1)(c) of Common Position 2006/795/CFSP. These persons and entities should therefore be listed in Annexes II and III to that Common Position.

               (4)

               Common Position 2006/795/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Common Position 2006/795/CFSP is hereby amended as follows:

               1.

               in Article 1(1), point (c) shall be replaced by the following:

                           ‘(c)

                           certain other items, materials, equipment, goods and technology which could contribute to DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or which could contribute to its military activities, which shall include all dual-use goods and technology listed in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (4). The European Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.

               2.

               In Article 4, paragraphs 3 and 4 shall be replaced by the following:
               ‘3.   Exemptions may be made for funds and economic resources which are:

                           (a)

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

                           (b)

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

                           (c)

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

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

                           (a)

                           necessary for extraordinary expenses, after notification by the Member State concerned to and approval by the Committee for persons and entities listed in Annex I; or

                           (b)

                           the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment, provided that the lien or judgment was entered prior to the date on which the person or entity referred to in paragraph 1 has been designated by the Sanctions Committee, the Security Council or by the Council, and is not for the benefit of a person or entity referred to in paragraph 1, after notification by the Member State concerned to the Committee for persons and entities listed in Annex I.’

         Article 2
   Annexes II and III to Common Position 2006/795/CFSP shall be replaced by the text appearing in the Annex to this Decision.
   Article 3
   This Decision shall take effect on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 December 2009.

            For the Council

            The President

         A. CARLGREN

      (1)  OJ L 322, 22.11.2006, p. 32.

      (2)  OJ L 197, 29.7.2009, p. 111.

      (3)  OJ L 134, 29.5.2009, p. 1.

      (4)  OJ L 134, 29.5.2009, p. 1.’

      ANNEX
      ‘
            ANNEX II
            A.   List of persons and entities referred to in Articles 3(1)(b) and 4(1)(b)

                        #

                        Name (and possible aliases)

                        Identifying information

                        Reasons

                        1.

                        CHANG Song-taek (alias JANG Song Taek)

                        Date of birth:
                        2.2.1946 or 6.2.1946 or 23.2.1946
                        (North Hamgyong province)
                        Passport number (as of 2006): PS 736420617

                        Member of the National Defence Commission. Director of the Administrative Department of the Korean Workers’ Party.

                        2.

                        CHON Chi Bu

                        Member of the General Bureau of Atomic Energy, former technical director of Yongbyon.

                        3.

                        CHU Kyu-Chang (alias JU Kyu-Chang)

                        Date of birth: between 1928 and 1933

                        First Deputy Director of the Defence Industry Department (ballistics programme), Korean Workers’ Party, Member of the National Defence Commission.

                        4.

                        HYON Chol-hae

                        Year of birth:
                        1934 (Manchuria, China)

                        Deputy Director of the General Political Department of the People's Armed Forces (military adviser to Kim Jong Il).

                        5.

                        JON Pyong-ho

                        Year of birth: 1926

                        Secretary of the Central Committee of the Korean Workers’ Party, Head of the Central Committee's Military Supplies Industry Department controlling the Second Economic Committee of the Central Committee, member of the National Defence Commission.

                        6.

                        KIM Yong-chun (alias Young-chun)

                        Date of birth: 4.3.1935
                        Passport number: 554410660

                        Deputy Chairman of the National Defence Commission, Minister for the People's Armed Forces, special adviser to Kim Jong Il on nuclear strategy.

                        7.

                        O Kuk-Ryol

                        Year of birth: 1931
                        (Jilin Province, China)

                        Deputy Chairman of the National Defence Commission, supervising the acquisition abroad of advanced technology for nuclear and ballistic programmes

                        8.

                        PAEK Se-bong

                        Year of birth: 1946

                        Chairman of the Second Economic Committee (responsible for the ballistics programme) of the Central Committee of the Korean Workers’ Party. Member of the National Defence Commission.

                        9.

                        PAK Jae-gyong (alias Chae-Kyong)

                        Year of birth: 1933
                        Passport number: 554410661

                        Deputy Director of the General Political Department of the People's Armed Forces and Deputy Director of the Logistics Bureau of the People's Armed Forces (military adviser to Kim Jong II).

                        10.

                        PYON Yong Rip (alias Yong-Nip)

                        Date of birth: 20.9.1929
                        Passport number: 645310121
                        (issued on 13.9.2005)

                        President of the Academy of Science, involved in WMD-related biological research.

                        11.

                        RYOM Yong

                        Director of the General Bureau of Atomic Energy (entity designated by the United Nations), in charge of international relations.

                        12.

                        SO Sang-kuk

                        Date of birth:
                        between 1932 and 1938

                        Head of the Department of Nuclear Physics, Kim Il Sung University.

            B.   List of entities referred to in Article 4(1)(b)

                        #

                        Name (and possible aliases)

                        Identifying information

                        Reasons

                        1.

                        Yongbyon Nuclear Research Centre

                        Research centre which has taken part in the production of military-grade plutonium. Centre maintained by the General Bureau of Atomic Energy (entity designated by the United Nations, 16.7.2009).

                        2.

                        Korea Pugang mining and Machinery Corporation ltd

                        Subsidiary of of Korea Ryongbong General Corporation (entity designated by the United Nations, 24.4.2009); operates facilities for the production of aluminium powder, which can be used in missiles.

                        3.

                        Korean Ryengwang Trading Corporation

                        Rakwon-dong, Pothonggang District, Pyongyang, North Korea

                        Subsidiary of Korea Ryongbong General Corporation (entity designated by the United Nations, 24.4.2009).

                        4.

                        Sobaeku United Corp. (alias Sobaeksu United Corp.)

                        State-owned company, involved in research into, and the acquisition, of sensitive products and equipment. It possesses several deposits of natural graphite, which provide raw material for two processing facilities, which, inter alia, produce graphite blocks that can be used in missiles.

            ANNEX III
            A.   List of persons referred to in Articles 3(1)(c) and 4(1)(c)

                        1.

                        KIM Tong-un

                        Director of “Office 39” of the Central Committee of the Workers’ Party, which is involved in proliferation financing.

                  ’


title: 2013/132/EU: Decision of the European Central Bank of 11 January 2013 laying down the framework for a public key infrastructure for the European System of Central Banks (ECB/2013/1)

text:
               16.3.2013

               EN

               Official Journal of the European Union

               L 74/30

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 11 January 2013
   laying down the framework for a public key infrastructure for the European System of Central Banks
   (ECB/2013/1)
   (2013/132/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 127 thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 12.1 in conjunction with Article 3.1, Article 5, Article 12.3 and Articles 16 to 24 thereof,
   Whereas:

               (1)

               Pursuant to Article 12.1 of the Statute of the ESCB, the Governing Council adopts the guidelines and takes the decisions necessary to ensure the performance of the tasks entrusted to the European System of Central Banks (ESCB) and to the Eurosystem under the Treaty and the Statute of the ESCB. This includes the power to decide on the organisation of ancillary activities that are necessary for the performance of such tasks, such as the issuance and management of electronic certificates for securing information stored and processed in ESCB and Eurosystem electronic applications, systems, platforms and services, and for data communication to and from them.

               (2)

               Pursuant to Article 12.3 of the Statute of the ESCB, the Governing Council also has the power to determine the internal organisation of the European Central Bank (ECB) and its decision-making bodies. Accordingly, the Governing Council has the power to decide that the ECB will use electronic certificates issued by the Eurosystem’s own public key infrastructure.

               (3)

               The number of users accessing a growing number of constantly evolving ESCB and Eurosystem electronic applications, systems, platforms and services is increasing. The Governing Council has identified a need for advanced information security services, such as strong authentication, electronic signatures and encryption, through the use of electronic certificates.

               (4)

               Few ESCB central banks have their own public key infrastructure and many users from third parties that work jointly with ESCB central banks do not have easy access to a certification authority accepted by the ESCB in accordance with its certificate acceptance framework.

               (5)

               There is a need for the Eurosystem to create its own public key infrastructure which can issue all types of electronic certificates such as personal and technical certificates for ESCB and non-ESCB users, and which is flexible enough to adapt to developments in ESCB and Eurosystem electronic applications, systems, platforms and services. This public key infrastructure (hereinafter the ‘ESCB-PKI’) should complement the services provided by other certification authorities accepted by the ESCB in accordance with the ESCB certificate acceptance framework or by certification authorities accepted by the ESCB for TARGET2 and TARGET2 Securities for those two applications.

               (6)

               On 29 September 2010 the Governing Council decided to launch the ESCB-PKI project to build and implement the ESCB-PKI and to provide the resources required for its completion. It decided that the ESCB-PKI will be developed, hosted and operated by the Banco de España.

               (7)

               The ESCB-PKI indirectly supports the performance of ESCB and Eurosystem tasks. It is based on three levels of governance: Level 1 consists of the Governing Council and the Executive Board, Level 2 of the Eurosystem central banks and Level 3 of the providing central bank.

               (8)

               At Level 1, the Governing Council is responsible for the direction, management and control of the activities and deliverables needed to develop and operate the ESCB-PKI. It is also responsible for decision-making in relation to the ESCB-PKI and decides on the allocation of tasks not specifically attributed to Levels 2 and 3.

               (9)

               The Eurosystem central banks are responsible for the tasks assigned to Level 2, within the general framework defined by the Governing Council. They have competences regarding the technical means of implementing the ESCB-PKI.

               (10)

               The ESCB Information Technology Committee (ITC) has a steering role in the development of the ESCB-PKI. It guides, assesses, controls and approves the project deliverables against the acceptance criteria in accordance with the ESCB certificate acceptance framework, the scope and the schedule approved by the Governing Council.

               (11)

               At Level 3, the Banco de España has been appointed as the providing central bank to carry out the tasks assigned to it within the general framework defined by the Governing Council. The providing central bank has put in place the technical infrastructure and secure devices and services required to create and use a public key infrastructure in accordance with: (a) the national law transposing Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (1), as applicable to it; (b) the national law transposing Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2), as applicable to it; and (c) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3).

               (12)

               Since electronic certificates are essential elements used in electronic applications both as an authentication mechanism to implement electronic signatures, and for public key-based encryption, the ESCB-PKI will take into account existing ESCB and Eurosystem electronic applications, systems, platforms and services and current ESCB projects in order to ensure that their needs are covered.

               (13)

               Non-euro area national central banks (NCBs) may decide to use the certificates and services provided by the ESCB-PKI,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision:

               1.

               ‘certificate’ or ‘electronic certificate’ means an electronic file, issued by a certification authority, which binds a public key with a certificate subscriber’s identity and is used for all or some of the following: (a) to verify that a public key belongs to a certificate subscriber; (b) to authenticate a certificate subscriber; (c) to check a certificate’s subscriber signature; (d) to encrypt a message addressed to a certificate subscriber; (e) to verify a certificate subscriber’s access rights to ESCB and Eurosystem electronic applications, systems, platforms and services. Any reference in this Decision to a certificate or electronic certificate includes a reference to the data carrier devices on which the certificate or electronic certificate is held;

               2.

               ‘ESCB and Eurosystem electronic applications, systems, platforms and services’ means the electronic applications, systems, platforms and services that the ESCB and/or the Eurosystem use when carrying out the tasks entrusted to them under the Treaty and the Statute of the ESCB;

               3.

               ‘public key infrastructure’ means the set of individuals, policies, procedures, and computer systems necessary to provide authentication, encryption, integrity and non-repudiation services by way of public and private key cryptography and electronic certificates;

               4.

               ‘user’ means either a certificate subscriber or a relying party, or both;

               5.

               ‘authentication’ means the process of verifying the identity of a certificate applicant or certificate subscriber;

               6.

               ‘ESCB central bank’ means either a Eurosystem central bank or a non-euro area NCB;

               7.

               ‘Eurosystem central bank’ means either an NCB of a Member State whose currency is the euro, including the providing central bank, or the ECB;

               8.

               ‘providing central bank’ means the NCB appointed by the Governing Council to develop the ESCB-PKI and to provide ESCB-PKI services on behalf of and for the benefit of the Eurosystem central banks;

               9.

               ‘non-euro area NCB’ means an NCB of a Member State whose currency is not the euro;

               10.

               ‘ESCB-PKI certification authority’ means the entity, trusted by users, to issue, manage, revoke and renew certificates on behalf of the ESCB central banks or the Eurosystem central banks in accordance with the ESCB certificate acceptance framework;

               11.

               ‘ESCB-PKI validation authority’ means the entity, trusted by users, which provides information on the validity of certificates issued by the ESCB-PKI certification authority;

               12.

               ‘certificate subscriber’ means either an individual who is the subject of an electronic certificate and has been issued an electronic certificate, or a technical component manager who has accepted an electronic certificate issued by the ESCB-PKI certification authority for a technical component, or both;

               13.

               ‘ESCB certificate acceptance framework’ means the criteria established by the ESCB ITC to identify the certification authorities, both internal and external to the ESCB, which can be trusted in relation to ESCB and Eurosystem electronic applications, systems, platforms and services;

               14.

               ‘registration authority’ means an entity, trusted by users, which verifies the identity of a certificate applicant before the ESCB-PKI certification authority issues a certificate;

               15.

               ‘relying party’ means an individual or an entity other than a certificate subscriber which accepts and relies on a certificate;

               16.

               ‘audit policy’ means the ESCB audit policy defined by the Governing Council on 7 October 1998, as published on the ECB’s website (4);

               17.

               ‘certificate applicant’ means an individual who requests the issuance of a certificate for themself or for a technical component;

               18.

               ‘technical component’ means any software or any hardware equipment that can be identified by using electronic certificates.

         Article 2
   Scope
   1.   This Decision establishes the framework for the ESCB-PKI. The ESCB-PKI is the Eurosystem’s own public key infrastructure developed by the providing central bank on behalf of and for the benefit of the Eurosystem central banks, which issues, manages, revokes and renews certificates in accordance with the ESCB’s certificate acceptance framework.
   2.   As ESCB-PKI services may affect relying parties, this Decision also sets out the conditions under which such parties may rely on ESCB-PKI certificates.
   Article 3
   Scope and objectives of the ESCB-PKI
   1.   ESCB and Eurosystem electronic applications, systems, platforms and services with medium or above medium criticality shall only be accessed and used if a user has been authenticated by means of an electronic certificate issued and managed by a certification authority accepted by the ESCB in accordance with the ESCB certificate acceptance framework, including by the ESCB-PKI certification authority, or by certification authorities accepted by the ESCB for TARGET2 and TARGET2 Securities for those two applications.
   2.   The ESCB-PKI certification authority shall issue electronic certificates and provide other electronic certification services for certificate subscribers of the ESCB central banks and of third parties working with them to enable them to securely access and use ESCB and Eurosystem electronic applications, systems, platforms and services.
   3.   The ESCB-PKI shall provide the following certification services:

               (a)

               certificate issuance, renewal and revocation, and confirmation of a certificate’s validity with regard to different certificate types;

               (b)

               issuance of certificates for authentication, electronic signature and encryption in relation to ESCB and non-ESCB users, and technical certificates;

               (c)

               private key recovery to ensure the recovery of public key-based encrypted information in the case of certificate loss;

               (d)

               delivery and management of cryptographic tokens to certificate subscribers when needed;

               (e)

               provision of information on ESCB-PKI certificate management procedures, and technical support to ESCB project managers to help them to integrate ESCB-PKI certificates into their applications.

         Other services may be added in the future as required by ESCB and Eurosystem electronic applications, systems, platforms and services.
   Article 4
   ESCB-PKI framework
   1.   Subject to this Decision, the responsibilities and functions of the providing central bank and of the other Eurosystem central banks with regard to ESCB-PKI implementation, operation and use shall be set out in a Level 2 – Level 3 Agreement and further specified in ESCB-PKI certificate policies and the ESCB-PKI certification practice statement.
   2.   The Level 2 – Level 3 Agreement, which includes the Service Level Agreement, contains the agreement negotiated between the providing central bank and the Eurosystem central banks in relation to the responsibilities and functions of the providing central bank and the Eurosystem central banks. It shall be submitted for endorsement by the Governing Council and then signed by the providing central bank and the Eurosystem central banks.
   3.   The Service Level Agreement is both an agreement defining the level of services to be provided by the providing central bank to the Eurosystem, and an agreement defining the level of services to be provided by the Eurosystem to the non-euro area NCBs and third parties in relation to the ESCB-PKI.
   4.   The ESCB-PKI certification practice statement is a set of rules governing the life cycle of electronic certificates, from the initial request to the subscription end or revocation, as well as the relationships between the certificate applicant or subscriber, the ESCB-PKI certification authority and the relying parties. It covers electronic certificates falling under the scope of Directive 1999/93/EC, and electronic certificates falling outside its scope. It also sets out the roles and responsibilities of all parties and establishes the procedures concerning issuing and managing certificates. It is annexed to the Level 2 – Level 3 Agreement.
   5.   An ESCB-PKI certificate policy is a set of rules which is applicable to each type of certificate issued. Each set provides implementation details relating to the ESCB-PKI certification practice statement for each type of certificate issued. ESCB-PKI certificate policies are annexed to the Level 2 – Level 3 Agreement.
   6.   The ESCB-PKI certificate policies and the ESCB-PKI certification practice statement shall be published on the ESCB-PKI website (5).
   7.   Information concerning the ESCB-PKI certification authority, including its identity, and its technical components is set out in the Annex to this Decision.
   Article 5
   Responsibilities and roles of the providing central bank
   1.   The providing central bank shall be responsible for operating and maintaining the ESCB-PKI for the benefit of the Eurosystem central banks, including hosting, operation and management carried out in accordance with the Level 2 – Level 3 Agreement. In particular, it shall deliver certificates and ESCB-PKI services in accordance with business requirements and technical specifications, such as the ESCB certificate acceptance framework and the requirements and specifications set out in the Level 2 – Level 3 Agreement.
   2.   The providing central bank shall put the necessary organisational infrastructure in place for creating, issuing and managing certificates and shall ensure that the infrastructure is maintained. For that purpose, in consultation with the ITC, the providing central bank may adopt rules concerning its internal organisation and administration.
   3.   The providing central bank shall act as the ESCB-PKI certification authority and the ESCB-PKI validation authority.
   4.   The Level 2 – Level 3 Agreement shall establish the liability regime applying to the providing central bank.
   Article 6
   Responsibilities and roles of the Eurosystem central banks
   1.   Each Eurosystem central bank shall be responsible for identifying its certificate subscribers. It shall create the role of registration officer to perform this task who shall have the authority to register third party users.
   2.   Each Eurosystem central bank shall act as a relying party in relation to certificates for encryption and electronic signature issued by the ESCB-PKI for other Eurosystem central banks or third party users’ certificate subscribers.
   3.   Each Eurosystem central bank using ESCB-PKI services shall act as a registration authority for its certificate applicants and ensure that its certificate applicants accept and apply the user terms and conditions set out in the ESCB-PKI certification authority’s application form for its services.
   Article 7
   Relationships between the Eurosystem central banks, third parties and certificate subscribers
   Each Eurosystem central bank shall make arrangements with regard to third party secure access and use of the ESCB and Eurosystem electronic applications, systems, platforms and services through the use of ESCB-PKI certificates. These arrangements shall exclusively govern the relationship between the relevant Eurosystem central bank and the third parties that use ESCB-PKI certificates. All third parties shall comply with the ESCB-PKI certificate policies, the ESCB-PKI certification practice statement and the user terms and conditions set out in the ESCB-PKI certification authority’s application form for its services.
   Article 8
   Relationships with relying parties
   An electronic certificate issued under this Decision may be relied upon provided that a relying party:

               (a)

               verifies the validity, suspension or revocation of the certificate using current revocation status information;

               (b)

               takes account of any limitations on use specified in the certificate; and

               (c)

               accepts the ESCB-PKI certification practice statement and the applicable ESCB-PKI certificate policies.

         Article 9
   Rights to the ESCB-PKI
   1.   The ESCB-PKI shall be fully owned by the Eurosystem central banks.
   2.   In view thereof, the providing central bank shall grant to the Eurosystem central banks, to the extent feasible under applicable legislation, all licenses regarding the intellectual property rights required to enable the Eurosystem central banks to use the ESCB-PKI and its components and the full range of ESCB-PKI services and also provide ESCB-PKI services to third parties under the ESCB-PKI certification practice statement and the ESCB-PKI certificate policies. The providing central bank shall indemnify the Eurosystem central banks against any infringement claims raised by third parties in relation to such intellectual property rights.
   3.   The details regarding the Eurosystem central banks’ rights to the ESCB-PKI shall be agreed between Level 2 and Level 3 in the Level 2 – Level 3 Agreement.
   Article 10
   Liability of Eurosystem central banks towards users
   1.   Unless they prove that they have not acted negligently, the Eurosystem central banks shall be liable in accordance with their functions and responsibilities in the ESCB-PKI for any damage caused to a user who reasonably relies on a qualified certificate, as defined in Directive 1999/93/EC, as regards:

               (a)

               the accuracy at the time of issuance of all the information contained in a qualified certificate, and the question of whether the certificate contains all the details prescribed for a qualified certificate, as defined in Directive 1999/93/EC;

               (b)

               any assurance that at the time of issuance of a qualified certificate, the certificate subscriber identified therein held the signature-creation data corresponding to the signature-verification data given or identified in the certificate;

               (c)

               any assurance that the signature-creation device and the signature-verification device function together in a complementary manner, in cases where the ESCB-PKI generates both;

               (d)

               any failure to register revocation of a qualified certificate.

         2.   The Eurosystem central banks assume no commitments, give no guarantees and accept no liability towards users unless expressly stated in this Decision and in the ESCB-PKI certification practice statement.
   Article 11
   Participation of non-euro area NCBs in the ESCB-PKI
   1.   A non-euro area NCB may act as a registration authority for its internal users as well as for third party users, and may create the role of a registration officer to perform this task.
   2.   Subject to the approval of the Governing Council, a non-euro area NCB may also decide to use ESCB-PKI services under the same conditions as those applying to Eurosystem central banks. For that purpose, the non-euro area NCB shall submit a declaration to the Governing Council in which it confirms that it will comply with the obligations laid down in this Decision and in the Level 2 – Level 3 Agreement. A non-euro area NCB shall not become co-owner of the ESCB-PKI and shall not be obliged to contribute to the ESCB-PKI financial envelope.
   Article 12
   Data protection
   Eurosystem central banks shall comply with the data protection legislation applicable to their processing of personal data in the performance of their functions related to the ESCB-PKI.
   Article 13
   Audit
   Audits of the ESCB-PKI shall be performed in accordance with the principles and arrangements set out in the audit policy. They shall be without prejudice to the internal controls and audit rules that apply to or are adopted by the Eurosystem central banks.
   Article 14
   Financial arrangements
   The Eurosystem central banks shall bear the costs of developing and operating the ESCB-PKI as further specified in the ESCB-PKI financial envelope.
   Article 15
   Role of the Executive Board
   1.   In accordance with Article 17.3 of Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (6), the Governing Council delegates its normative powers to the Executive Board to take any measures to implement this Decision that are necessary for the efficiency and security of the ESCB-PKI, and to adopt amendments relating to the technical aspects of the ESCB-PKI and ESCB-PKI services provided for in the annexes to the Level 2 – Level 3 Agreement after taking into consideration the advice of the ITC and, if applicable, of the Eurosystem IT Steering Committee.
   2.   The Executive Board shall notify the Governing Council of any measure that it takes pursuant to paragraph 1 without undue delay and shall abide by any decision adopted by the Governing Council on the matter.

      Done at Frankfurt am Main, 11 January 2013.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 13, 19.1.2000, p. 12.

      (2)  OJ L 281, 23.11.1995, p. 31.

      (3)  OJ L 8, 12.1.2001, p. 1.

      (4)  www.ecb.europa.eu

      (5)  http://pki.escb.eu

      (6)  OJ L 80, 18.3.2004, p. 33.

      ANNEX

         Information concerning the ESCB-PKI certification authority, including its identity, and its technical components

      The ESCB-PKI certification authority is identified in its certificate as the issuer and its private key is used to sign certificates. The ESCB-PKI certification authority is in charge of:

                  (i)

                  issuing private and public key certificates;

                  (ii)

                  issuing revocation lists;

                  (iii)

                  generating key pairs associated with specific certificates, e.g. those that require key recovery;

                  (iv)

                  maintaining overall responsibility for the ESCB-PKI and ensuring that all the requirements necessary to operate it are met.

            The ESCB-PKI certification authority includes all individuals, policies, procedures and computer systems entrusted with issuing electronic certificates and assigning them to the certificate subscribers.
      The ESCB-PKI certification authority includes two technical components:

                  —

                     The Root ESCB-PKI certification authority: This certification authority, at the first level, only issues certificates for itself and its subordinate certification authorities. It is only in operation when carrying out its own narrowly-defined responsibilities. Its most significant data are:

                                 Distinguished name

                              CN=ESCB-PKI ROOT CA, O=EUROPEAN SYSTEM OF CENTRAL BANKS, C=EU

                                 Serial number

                              596F AC4C 218C 21BC 4E00 6B42 A164 46DD

                                 Distinguished name of issuer

                              CN=ESCB-PKI ROOT CA, O=EUROPEAN SYSTEM OF CENTRAL BANKS, C=EU

                                 Validity period

                              From 21-06-2011 11:58:26 to 21-06-2041 11:58:26

                                 Message digest (SHA-1)

                              CEFE 6C32 E850 994A 09EA 1A77 0C60 3D90 ADC9 9192

                  —

                     The Online ESCB-PKI certification authority: This certification authority, at the second level, is subordinate to the Root ESCB-PKI certification authority. It is responsible for issuing ESCB-PKI certificates for users. Its most significant data are:

                                 Distinguished name

                              CN=ESCB-PKI ONLINE CA, O=EUROPEAN SYSTEM OF CENTRAL BANKS, C=EU

                                 Serial number

                              2C13 E18F FDB5 91CE 4E29 550B B5A3 F59C

                                 Distinguished name of issuer

                              CN=ESCB-PKI ROOT CA, O=EUROPEAN SYSTEM OF CENTRAL BANKS, C=EU

                                 Validity period

                              From 22-07-2011 12:46:35 to 22-07-2026 12:46:35

                                 Message digest (SHA-1)

                              D316 026C D2CF 1A8C 4AA3 8C29 EE3D 591E 4286 AD08


title: 2004/823/EC, Euratom: Council Decision of 22 November 2004 concerning the accession by the Republic of Moldova to the Agreement to establish a science and technology centre in Ukraine, of 25 October 1993, between Canada, Sweden, Ukraine and the United States of America

text:
               3.12.2004

               EN

               Official Journal of the European Union

               L 358/10

      COUNCIL DECISION

   of 22 November 2004
   concerning the accession by the Republic of Moldova to the Agreement to establish a science and technology centre in Ukraine, of 25 October 1993, between Canada, Sweden, Ukraine and the United States of America
   (2004/823/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Treaty establishing the European Atomic Energy Community,
   Having regard to Council Regulation (EC) No 1766/98 of 30 July 1998 concerning the accession by the European Community and the European Atomic Energy Community, acting as one party, to the Agreement to establish a science and technology centre in Ukraine, of 25 October 1993, between Canada, Sweden, Ukraine and the United States of America (1), and in particular Article 3(1)(3) and (4) thereof,
   Having regard to Commission Regulation (Euratom) No 2387/98 of 3 November 1998 concerning the accession by the European Atomic Energy Community and the European Community, acting as one party, to an Agreement having established in 1993 a science and technology centre in Ukraine between Canada, Sweden, Ukraine and the United States of America (2) and in particular Article 2 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 25 October 1993, Canada, Sweden, Ukraine and the United States of America concluded the Agreement to establish a science and technology centre in Ukraine (hereinafter the Agreement).

               (2)

               Through Regulations (EC) No 1766/98 and (Euratom) No 2387/98, the European Community and the European Atomic Energy Community (hereinafter the Communities), acting as one party, acceded to the Agreement.

               (3)

               On 12 February 2004, the Republic of Moldova deposited with the Secretariat of the Centre the instrument of accession by Moldova to the Agreement. In accordance with Article XIII of the Agreement, it is the responsibility of the Governing Board of the Centre to approve this accession.

               (4)

               The Communities are represented on the Governing Board of the Centre by the Presidency of the Council and by the Commission. The position of the Communities with regard to questions arising under Article XIII of the Agreement is determined by the Council and expressed as a general rule by the Presidency,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The accession of the Republic of Moldova to the Agreement to establish a science and technology centre in Ukraine, of 25 October 1993, between Canada, Sweden, Ukraine and the United States of America, is hereby approved on behalf of the Communities.
   Article 2
   The Presidency of the Council shall express within the Governing Board of the Centre the approval of the Communities to the accession of the Republic of Moldova to the Agreement.

      Done at Brussels, 22 November 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ L 225, 12.8.1998, p. 2.

      (2)  OJ L 297, 6.11.1998, p. 4.


title: Council Decision 2014/42/CFSP of 28 January 2014 amending Decision 2012/281/CFSP in the framework of the European Security Strategy in support of the Union proposal for an international Code of Conduct on outer-space activities

text:
               29.1.2014

               EN

               Official Journal of the European Union

               L 26/42

      COUNCIL DECISION 2014/42/CFSP
   of 28 January 2014
   amending Decision 2012/281/CFSP in the framework of the European Security Strategy in support of the Union proposal for an international Code of Conduct on outer-space activities
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 26(2),
   Whereas:

               (1)

               On 29 May 2012, the Council adopted Decision 2012/281/CFSP in the framework of the European Security Strategy in support of the Union proposal for an international Code of Conduct on outer-space activities (1).

               (2)

               Decision 2012/281/CFSP provides for the organisation of up to three multilateral experts’ meetings to discuss the proposal for an international Code of Conduct.

               (3)

               Multilateral experts’ meetings were held in Vienna in June 2012, in Kiev in May 2013 and in Bangkok in November 2013.

               (4)

               After the successful multilateral experts’ meeting held in Bangkok, it became apparent that the international community would welcome a fourth and final multilateral experts’ meeting. Such a meeting could take place in Africa.

               (5)

               A fourth and final multilateral experts’ meeting could be organised within the initial financial reference amount indicated in Decision 2012/281/CFSP and thus without any additional resource implication.

               (6)

               Decision 2012/281/CFSP should, therefore, be amended to enable the organisation of a fourth and final multilateral experts’ meeting and its period of application should be extended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2012/281/CFSP is hereby amended as follows:

               (1)

               in Article 2(1), point (b) is replaced by the following:

                           ‘(b)

                           the organisation of up to four multilateral experts’ meetings to discuss the proposal for an international Code of Conduct;’;

               (2)

               in Article 6, the second paragraph is replaced by the following:
               ‘It shall expire 28 months after the date of conclusion of the financing agreement referred to in Article 4(3) or six months after the date of adoption of this Decision if no financing agreement has been concluded within that period.’;

               (3)

               the Annex is hereby amended as follows:

                           (a)

                           in the fourth paragraph of Section 1 (General Framework and Objectives), the first indent is replaced by the following:

                                       ‘—

                                       consultations with as many countries as possible, whether they are active or not yet active on space issues to discuss this proposal and gather their views, especially through the organisation of up to four multilateral experts’ meetings to discuss this proposal,’;

                           (b)

                           the heading of Section 2.3 is replaced by the following:
                           ‘2.3.   Project 3: Organisation of up to four multilateral meetings, to discuss the proposal for an international Code of Conduct’;

                           (c)

                           Section 2.3.3 is replaced by the following:
                           ‘2.3.3.   Project description
                           Organisation of up to four multilateral meetings.

                                       —

                                       It is suggested that the first two of these meetings could take place in Europe and the second two meetings would take place outside Europe. The Decision will be taken by the High Representative, based on proposals submitted by Unidir.

                                       —

                                       Structure, agenda and participation will be decided by the High Representative based on proposals submitted by Unidir.’;

                           (d)

                           in Section 5 (Duration), the first paragraph is replaced by the following:
                           ‘The estimated implementation period for this project is 28 months.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 28 January 2014.

            For the Council

            The President

         G. STOURNARAS

      (1)  OJ L 140, 30.5.2012, p. 68.


Avis juridique important

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32000D0577

2000/577/EC: Council Decision of 18 September 2000 appointing four Italian members and seven Italian alternate members of the Committee of the Regions

Official Journal L 243 , 28/09/2000 P. 0033 - 0033

Council Decisionof 18 September 2000appointing four Italian members and seven Italian alternate members of the Committee of the Regions(2000/577/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 Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas four seats for members of the Committee of the Regions and seven seats for alternate members have become vacant following the resignations of Mr Vannino Chiti, Mr Salvatore Distaso, Mr Giuseppi Nistico and Mr Antonio Rastrelli, members, and of Mr Piero Badaloni, Mr Bruno Bracalente, Mr Angelo Raffaele Dinardo, Mr Giancarlo Mori, Mr Federico Palomba, Mr Emilio Sabattini and Mr Marcello Veneziale, alternate members, notified to the Council on 7 June, 26 June, 6 July and 28 August 2000 respectively,Having regard to the proposal from the Italian Government,HAS DECIDED AS FOLLOWS:Sole ArticleThe following are hereby appointed:(a) members of the Committee of the Regions:Mr Claudio Martini in place of Mr Vannino Chiti,Mr Raffaele Fitto in place of Mr Salvatore Distaso,Mr Giuseppi Chiaravalloti in place of Mr Giuseppi Nistico,Mr Antonio Bassolino in place of Mr Antonio Rastrelli,(b) alternate members of the Committee of the Regions:Mr Francesco Storace in place of Mr Piero Badaloni,Ms Maria Rita Lorenzetti in place of Mr Bruno Bracalente,Mr Filippo Bubbico in place of Mr Angelo Raffaele Dinardo,Mr Sandro Biasotti in place of Mr Giancarlo Mori,Mr Mario Floris in place of Mr Federico Palomba,Mr Flavio Delbono in place of Mr Emilio Sabattini,Mr Giovanni Di Stasi in place of Mr Marcello Veneziale,for the remainder of their terms of office, which run until 25 January 2002.Done at Brussels, 18 September 2000.For the CouncilThe PresidentH. Védrine(1) OJ L 28, 4.2.1998, p. 19.