title: Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               16.10.2012

               EN

               Official Journal of the European Union

               L 282/58

         COUNCIL DECISION 2012/635/CFSP
   of 15 October 2012
   amending Decision 2010/413/CFSP concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 February 2007, the Council adopted Common Position 2007/140/CFSP concerning restrictive measures against Iran (1) which implemented United Nations Security Council Resolution (UNSCR) 1737 (2006).

               (2)

               On 23 April 2007, Common Position 2007/140/CFSP was amended by Common Position 2007/246/CFSP (2) in order to implement UNSCR 1747 (2007). The Council then further amended Common Position 2007/140/CFSP by adopting, on 7 August 2008, Common Position 2008/652/CFSP (3), which implemented UNSCR 1803 (2008).

               (3)

               On 26 July 2010, the Council adopted Decision 2010/413/CFSP (4) which implemented UNSCR 1929 (2010) and repealed Common Position 2007/140/CFSP.

               (4)

               On 23 January 2012, the Council adopted Decision 2012/35/CFSP which amended Decision 2010/413/CFSP by strengthening the restrictive measures against Iran in light of the reiterated serious and deepening concerns over the nature of Iran's nuclear programme, and in particular over the findings on Iranian activities relating to the development of military nuclear technology, as reflected in the International Atomic Energy Agency (IAEA) report. Those measures were further strengthened on 15 March 2012 by Decision 2012/152/CFSP (5).

               (5)

               In view of Iran's failure to engage seriously in negotiations in order to address international concerns about its nuclear programme, the Council considers it necessary to adopt additional restrictive measures against Iran.

               (6)

               In this context, it is appropriate to review the prohibition on the sale, supply or transfer to Iran of additional 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 (6), with a view to including items which might be relevant to industries controlled directly or indirectly by the Iranian Revolutionary Guard Corps or which might be relevant to Iran's nuclear, military and ballistic missile programme, while taking into account the need to avoid unintended effects on the civilian population of Iran.

               (7)

               Moreover, the purchase, import or transport of natural gas from Iran should be prohibited.

               (8)

               Furthermore, the sale, supply or transfer to Iran of graphite, and raw or semi-finished metals such as aluminium and steel, and software for integrating industrial processes, which is relevant to industries controlled directly or indirectly by the Iranian Revolutionary Guard Corps or which is relevant to Iran's nuclear, military and ballistic missile programme, should be prohibited.

               (9)

               The sale, supply or transfer to Iran of key naval equipment and technology for ship-building, maintenance or refit, should be prohibited.

               (10)

               In addition, Member States should not enter into any new commitments to provide financial support for trade with Iran. This should not affect existing commitments and should not concern trade for food, agricultural, medical or other humanitarian purposes.

               (11)

               It should also be prohibited for Member States to construct or participate in the construction of new oil tankers for Iran.

               (12)

               In order to prevent the transfer of any financial or other assets or resources that could contribute to Iran's proliferation-sensitive nuclear activities, or the development of nuclear weapon delivery systems, transactions between Union and Iranian banks and financial institutions should be prohibited, unless authorised in advance by the relevant Member State. This should not prevent the continuation of trade which is not prohibited under Decision 2010/413/CFSP.

               (13)

               Furthermore, the provision of flagging and classification services to Iranian oil tankers and cargo vessels should be prohibited.

               (14)

               The supply of vessels designed for the transport or storage of oil and petrochemical products to Iranian persons and entities or to other persons and entities for the purpose of transporting or storing Iranian oil and petrochemical products should be prohibited.

               (15)

               In addition, the provisions concerning the freezing of funds and economic resources of the Central Bank of Iran should be amended.

               (16)

               Finally, additional persons and entities should be included in the list of persons and entities subject to restrictive measures as set out in Annex II to Decision 2010/413/CFSP, in particular Iranian State-owned entities engaged in the oil and gas sector, since they provide a substantial source of revenue for the Iranian Government. Furthermore, certain persons and entities should be removed from that list and the entry for one entity should be amended.

               (17)

               Further action by the Union is needed in order to implement certain measures provided for in this Decision.

               (18)

               Decision 2010/413/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Council Decision 2010/413/CFSP is hereby amended as follows:

               (1)

               the following Article is added:
               "Article 3e
               1.   The import, purchase or transport of Iranian natural gas shall be prohibited.
               The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
               2.   It shall be prohibited to provide, directly or indirectly, financing or financial assistance - including financial derivatives, as well as insurance and reinsurance and brokering services relating to insurance and reinsurance - related to the import, purchase or transport of Iranian natural gas.
               3.   The prohibition in paragraph 1 shall be without prejudice to the execution of contracts for the delivery of natural gas of a State other than Iran to an EU Member State";

               (2)

               Article 4b is replaced by the following:
               "Article 4b
               1.   The prohibition set out in Article 4(1) shall be without prejudice to the execution, until 15 April 2013, of any obligation relating to the delivery of goods provided for in contracts concluded before 26 July 2010 or16 October 2012.
               2.   The prohibitions set out in Article 4 shall be without prejudice to the execution, until 15 April 2013, of any obligation arising from contracts concluded before 26 July 2010 or 16 October 2012 and relating to investments made in Iran before those dates by enterprises established in Member States.
               3.   The prohibition in Article 4a(1) shall be without prejudice to the execution, until 15 April 2013, of an obligation relating to the delivery of goods provided for in contracts concluded before 23 January 2012 or 16 October 2012.
               4.   The prohibitions in Article 4a shall be without prejudice to the execution, until 15 April 2013, of an obligation arising from contracts concluded before 23 January 2012 or 16 October 2012 and relating to investments made in Iran before those dates by enterprises established in Member States.
               5.   Paragraphs 1 and 2 are without prejudice to the execution of obligations referred to in Article 3c(2) provided that those obligations arise from service contracts or ancillary contracts necessary for their execution and provided that the execution of those obligations has been authorised in advance by the relevant Member State. The relevant Member State shall inform the other Member States and the Commission of its intention to grant an authorisation.
               6.   Paragraphs 3 and 4 are without prejudice to the execution of obligations referred to in Article 3d(2) provided that those obligations arise from service contracts or ancillary contracts necessary for their execution and provided that the execution of those obligations has been authorised in advance by the relevant Member State. The relevant Member State shall inform the other Member States and the Commission of its intention to grant an authorisation";

               (3)

               the following Articles are added:
               "Article 4e
               1.   The sale, supply or transfer to Iran of graphite, and raw or semi-finished metals, such as aluminium and steel, which are relevant to industries controlled directly or indirectly by the Iranian Revolutionary Guard Corps or which are relevant to Iran's nuclear, military and ballistic missile programme, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, shall be prohibited whether or not originating in their territories.
               The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
               2.   It shall also be prohibited to:

                           (a)

                           provide Iran with technical assistance or training and other services related to items referred to in paragraph 1;

                           (b)

                           provide Iran with financing or financial assistance for any sale, supply or transfer of items referred to in paragraph 1 or for the provision of related technical assistance and training.

                     3.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in paragraphs 1 and 2.
               Article 4f
               The prohibitions set out in Article 4e shall be without prejudice to the execution, until 15 April 2013, of contracts concluded before 16 October 2012 or ancillary contracts necessary for the execution of such contracts.
               Article 4g
               1.   The sale, supply or transfer of key naval equipment and technology for ship-building, maintenance or refit, to Iran or to Iranian or Iranian-owned enterprises engaged in this sector, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, shall be prohibited whether or not originating in their territories.
               The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
               2.   The prohibition in paragraph 1 shall be without prejudice to the supply of key naval equipment and technology to a non-Iranian-owned or controlled vessel that has been forced into an Iranian port or Iranian territorial waters under force majeure.
               3.   It shall also be prohibited to:

                           (a)

                           provide Iran with technical assistance or training and other services related to items referred to in paragraph 1;

                           (b)

                           provide Iran with financing or financial assistance for any sale, supply or transfer of items referred to in paragraph 1 or for the provision of related technical assistance and training.

                     4.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in paragraphs 1 and 3.
               Article 4h
               The prohibitions in Article 4g shall be without prejudice to the execution, until 15 February 2013, of contracts concluded before 16 October 2012 or ancillary contracts necessary for the execution of such contracts.
               Article 4i
               1.   The sale, supply or transfer to Iran of software for integrating industrial processes, which is relevant to industries controlled directly or indirectly by the Iranian Revolutionary Guard Corps or which is relevant to Iran's nuclear, military and ballistic missile programme, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, shall be prohibited whether or not originating in their territories.
               The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
               2.   It shall also be prohibited to:

                           (a)

                           provide Iran with technical assistance or training and other services related to items referred to in paragraph 1;

                           (b)

                           provide Iran with financing or financial assistance for any sale, supply or transfer of items referred to in paragraph 1 or for the provision of related technical assistance and training.

                     3.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in paragraphs 1 and 2.
               Article 4j
               The prohibitions in Article 4i shall be without prejudice to the execution, until 15 January 2013, of contracts concluded before 16 October 2012 or ancillary contracts necessary for the execution of such contracts.";

               (4)

               Article 8(1) is replaced by the following:
               "1.   Member States shall not enter into any new short-, medium- or long-term commitments to provide financial support for trade with Iran, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade, nor shall Member States guarantee or reinsure such commitments."

               (5)

               the following Article is added:
               "CONSTRUCTION OF OIL TANKERS

               Article 8a
               1.   Without prejudice to Article 4g, the construction or the participation in the construction of new oil tankers for Iran or for Iranian persons and entities shall be prohibited.
               2.   It shall be prohibited to provide technical assistance or financing or financial assistance to the construction of new oil tankers for Iran or for Iranian persons and entities.";

               (6)

               Article 10 is replaced by the following:
               "Article 10
               1.   In order to prevent the transfer to, through, or from, the territories of Member States, or the transfer to or by nationals of Member States, entities organised under their laws (including branches abroad), or persons or financial institutions in the territories of Member States, of any financial or other assets or resources that could contribute to Iran's proliferation-sensitive nuclear activities, or the development of Iran's nuclear weapon delivery systems, financial institutions under the jurisdiction of Member States shall not enter into, or continue to participate in, any transactions with:

                           (a)

                           banks domiciled in Iran, including the Central Bank of Iran;

                           (b)

                           branches and subsidiaries, within the jurisdiction of the Member States, of banks domiciled in Iran;

                           (c)

                           branches and subsidiaries, outside the jurisdiction of the Member States, of banks domiciled in Iran;

                           (d)

                           financial entities that are not domiciled in Iran, but that are controlled by persons and entities domiciled in Iran,

                     unless such transactions are authorised in advance by the relevant Member State in accordance with paragraphs 2 and 3.
               2.   For the purpose of paragraph 1, the following transactions may be authorised by the relevant Member State:

                           (a)

                           transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes;

                           (b)

                           transactions regarding personal remittances;

                           (c)

                           transactions regarding the execution of the exemptions provided for in this Decision;

                           (d)

                           transactions in connection with a specific trade contract not prohibited under this Decision;

                           (e)

                           transactions regarding a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such transactions are intended to be used for official purposes of the diplomatic or consular mission or international organisation.

                           (f)

                           transactions regarding payment to satisfy claims against Iran, Iranian persons or entities, on a case-by-case basis and subject to notification ten days prior to authorisation, and transactions of a similar nature that do not contribute to activities prohibited under this Decision.

                     No authorisation or notification is required for transactions falling under points (a) to (e) which are below EUR 10 000.
               3   Transfers of funds to and from Iran using Iranian banks and financial institutions for the transactions referred to in paragraph 2 shall be processed as follows:

                           (a)

                           transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes below EUR 100 000, as well as transfers regarding personal remittances, below EUR 40 000, shall be carried out without any prior authorisation; the transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000;

                           (b)

                           transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes above EUR 100 000, as well as transfers regarding personal remittances, above EUR 40 000, shall require the prior authorisation from the competent authority of the Member State concerned. The relevant Member State shall inform the other Member States of any authorisation granted;

                           (c)

                           any other transfer above EUR 10 000 shall require the prior authorisation from the competent authority of the Member State concerned. The relevant Member State shall inform the other Member States of any authorisation granted.

                     4.   Transfers of funds to and from Iran which do not fall within the scope of paragraph 3 shall be processed as follows:

                           (a)

                           transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes shall be carried out without any prior authorisation; the transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000;

                           (b)

                           any other transfer below EUR 40 000 shall be carried out without any prior authorisation; the transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000;

                           (c)

                           any other transfer above EUR 40 000 shall require the prior authorisation from the competent authority of the Member State concerned. The authorisation shall be deemed granted within four weeks unless the competent authority of the Member State concerned has objected within this time-limit. The relevant Member State shall inform the other Member States of any authorisation rejected.

                     5.   Branches and subsidiaries of banks domiciled in Iran within the jurisdiction of the Member States shall also be required to notify the competent authority of the Member State where they are established, of all transfers of funds carried out or received by them, within five working days of carrying out or receiving the respective transfer of funds.
               Subject to information-sharing arrangements, notified competent authorities shall without delay transmit this information on notifications, as appropriate, to the competent authorities of other Member States, where the counterparts to such transactions are established.";

               (7)

               the following Articles are added:
               "Article 18a
               The provision by nationals of Member States or from the territory under the jurisdiction of the Member States, of flagging and classification services, including registration and identification numbers of any kind, to Iranian oil tankers and cargo vessels shall be prohibited as of 15 January 2013.
               Article 18b
               1   It shall be prohibited to supply vessels designed for the transport or storage of oil and petrochemical products to Iranian persons, entities or bodies.
               2.   It shall be prohibited to supply vessels designed for the transport or storage of oil and petrochemical products to any person, entity or body for the transport or storage of Iranian oil and petrochemical products.";
               3.   It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in paragraphs 1 and 2."

               (8)

               Article 20 is amended as follows:

                           (a)

                           paragraphs 1(b) and (c) are replaced by the following:

                                       "(b)

                                       persons and entities not covered by Annex I that are engaged in, directly associated with, or providing support for, Iran's proliferation-sensitive nuclear activities or for the development of nuclear weapon delivery systems, including through the involvement in procurement of the prohibited items, goods, equipment, materials and technology, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, including through illicit means, or persons and entities that have assisted designated persons or entities in evading or violating the provisions of UNSCR 1737 (2006), UNSCR 1747 (2007), UNSCR 1803 (2008) and UNSCR 1929 (2010) or this Decision as well as other senior members and entities of IRGC and IRISL and entities owned or controlled by them or acting on their behalf or providing insurance and other essential services to them, as listed in Annex II.

                                       (c)

                                       other persons and entities not covered by Annex I that provide support to the Government of Iran and entities owned or controlled by them or persons and entities associated with them, as listed in Annex II";

                           (b)

                           paragraph 7 is replaced by the following:
                           "7.   Paragraph 1 shall not apply to:

                                       (a)

                                       a transfer by or through the Central Bank of Iran of frozen funds or economic resources where such transfer is for the purpose of providing financial institutions under the jurisdiction of Member States with liquidity for the financing of trade;

                                       (b)

                                       the reimbursement by or through the Central Bank of Iran of claims due under a contract or agreement that was concluded by public or private Iranian entities before the adoption of this Decision,

                                 provided that the transfer or reimbursement has been authorised by the relevant Member State."

                           (c)

                           paragraphs 8, 9 and 10 are deleted;

                           (d)

                           paragraph 11 is replaced by the following:
                           "11.   Paragraph 7 is without prejudice to paragraphs 3, 4, 4a, 5 and 6 and to Article 10(3) and (4).";

                           (e)

                           the following paragraphs are added:
                           "13.   Paragraphs 1 and 2 shall not apply to acts and transactions carried out with regard to entities listed in Annex II which hold rights derived from an original award before 27 October 2010, by a sovereign Government other than Iran, of a gas production sharing agreement, insofar as such acts and transactions relate to those entities' participation in that agreement.
                           14.   Paragraphs 1 and 2 shall not apply to acts and transactions carried out with regard to entities listed in Annex II insofar as necessary for the execution, until 31 December 2014, of the obligations as referred to in Article 3c(2) provided that those acts and transactions have been authorised in advance, on a case-by-case basis, by the relevant Member State. The relevant Member State shall inform the other Member States and the Commission of its intention to grant an authorisation."

         Article 2
   Annex II to Decision 2010/413/CFSP shall be amended as set out in the Annex to this Decision.
   Article 3
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 15 October 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 61, 28.2.2007, p. 49.

      (2)  OJ L 106, 24.4.2007, p. 67.

      (3)  OJ L 213, 8.8.2008, p. 58.

      (4)  OJ L 195, 27.7.2010, p. 39.

      (5)  OJ L 77, 16.3.2012, p. 18.

      (6)  OJ L 134, 29.5.2009, p. 1.

      ANNEX

                  I.

                  Heading I in Annex II to Decision 2010/413/CFSP shall be replaced by the following:
                  "Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran."

                  II.

                  The persons and entities listed below shall be added to the list set out in Annex II to Decision 2010/413/CFSP.
                  A.   Person

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              1.

                              Majid NAMJOO

                              Born on 5 January 1963 in Tehran, Iran

                              Minister of Energy. Member of the Supreme National Security Council, which formulates Iran's nuclear policy.

                              16.10.2012

                        B.   Entities

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              1.

                              Ministry of Energy

                                          Palestine Avenue North, next to Zarathustra Avenue 81,

                                          tel. 9-8901081.

                              Responsible for policy in the energy sector, which provides a substantial source of revenue for the Iranian Government.

                              16.10.2012

                              2.

                              Ministry of Petroleum

                                          Taleghani Avenue, next to Hafez Bridge,

                                          tel. 6214-6153751

                              Responsible for policy in the oil sector, which provides a substantial source of revenue for the Iranian Government.

                              16.10.2012

                              3.

                              National Iranian Oil Company
                              (NIOC)

                                          NIOC HQ, National Iranian Oil Company Hafez Crossing,

                                          Taleghani Avenue Tehran - Iran/First Central Building,

                                          Taleghan St., Tehran, Iran,

                                          Postal Code: 1593657919

                                          P.O. Box 1863 and 2501

                              State-owned and operated entity providing financial resources to the Government of Iran. The Minister of Oil is Director of the NIOC Board and the Deputy Minister of Oil is the Managing Director of NIOC.

                              16.10.2012

                              4.

                              National Iranian Oil Company
                              (NIOC) PTE LTD

                                          7 Temasek Boulevard #07-02,

                                          Suntec Tower One 038987,

                                          Singapore;

                                    Registration ID 199004388C
                              Singapore

                              Subsidiary of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              5.

                              National Iranian Oil Company
                              (NIOC)
                              International Affairs Limited

                                          NIOC House,

                                          4 Victoria Street,

                                          London

                                          SW1H 0NE,

                                          United Kingdom; UK

                                    Company Number 02772297
                              (United Kingdom)

                              Subsidiary of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              6.

                              Iran Fuel Conservation Organization
                              (IFCO)

                                          No. 23 East Daneshvar St.

                                          North Shiraz St.

                                          Molasadra St.

                                          Vanak Sq.

                                          Tehran

                                          Iran

                                          Tel.: (+98) 2188604760-6

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              7.

                              Karoon Oil & Gas Production Company

                                          Karoon Industrial Zone

                                          Ahwaz

                                          Khouzestan

                                          Iran

                                          Tel.: (+98) 6114446464

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              8.

                              Petroleum Engineering & Develop-ment Company
                              (PEDEC)

                                          No. 61 Shahid Kalantari St.

                                          Sepahbod Qarani Ave.

                                          Tehran

                                          Iran

                                          Tel.: (+98) 2188898650-60

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              9.

                              North Drilling Company
                              (NDC)

                                          No. 8 35th St.

                                          Alvand St.

                                          Argentine Sq.

                                          Tehran

                                          Iran

                                          Tel.: (+98) 2188785083-8

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              10.

                              Khazar Expl & Prod Co
                              (KEPCO)

                                          No. 19 11th St.

                                          Khaled Eslamboli St.

                                          Tehran

                                          Iran

                                          Tel.: (+98) 2188722430

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              11.

                              National Iranian Drilling Company
                              (NIDC)

                                          Airport Sq.

                                          Pasdaran Blvd.

                                          Ahwaz

                                          Khouzestan

                                          Iran

                                          Tel.: (+98) 6114440151

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              12.

                              South Zagros Oil & Gas Production Company

                                          Parvaneh St.

                                          Karimkhan Zand Blvd.

                                          Shiraz

                                          Iran

                                          Tel.: (+98) 7112138204

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              13.

                              Maroun Oil & Gas Company

                                          Ahwaz-Mahshahr Rd.

                                          (Km 12)

                                          Ahwaz

                                          Iran

                                          Tel.: (+98) 6114434073

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              14.

                              Masjed-soleyman Oil & Gas Company
                              (MOGC)

                                          Masjed Soleyman

                                          Khouzestan

                                          Iran

                                          Tel.: (+98) 68152228001

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              15.

                              Gachsaran Oil & Gas Company

                                          Gachsaran

                                          Kohkiluye-va-Boyer

                                          Ahmad

                                          Iran

                                          Tel.: (+98) 7422222581

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              16.

                              Aghajari Oil & Gas Production Company
                              (AOGPC)

                                          Naft Blvd.

                                          Omidieh

                                          Khouzestan

                                          Iran

                                          Tel.: (+98) 611914701

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              17.

                              Arvandan Oil & Gas Company
                              (AOGC)

                                          Khamenei Ave.

                                          Khoramshar

                                          Iran

                                          Tel.: (+98) 6324214021

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              18.

                              West Oil & Gas Production Company

                                          No. 42 Zan Blvd.

                                          Naft Sq.

                                          Kermanshah

                                          Iran

                                          Tel.: (+98) 8318370072

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              19.

                              East Oil & Gas Production Company
                              (EOGPC)

                                          No. 18 Payam 6 St.

                                          Payam Ave.

                                          Sheshsad Dastgah

                                          Mashhad

                                          Iran

                                          Tel.: (+98) 5117633011

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              20.

                              Iranian Oil Terminals Company
                              (IOTC)

                                          No. 17 Beyhaghi St.

                                          Argentine Sq.

                                          Tehran

                                          Iran

                                          Tel.: (+98) 2188732221

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              21.

                              Pars Special Economic Energy Zone
                              (PSEEZ)

                                          Pars Special Economic Energy Zone Org.

                                          Assaluyeh

                                          Boushehr

                                          Iran

                                          Tel.: (+98) 7727376330

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              22.

                              Iran Liquefied Natural Gas Co.

                                          No. 20, Alvand St, Argentina Sq,

                                          Tehran, 1514938111

                                          IRAN

                                          Tel: +9821 888 77 0 11

                                          Fax: +9821 888 77 0 25

                                          info@iranlng.ir

                              Subsidiary of National Iranian Oil Company (NIOC).

                              16.10.2012

                              23.

                              Naftiran Intertrade Company
                              (a.k.a. Naftiran Trade Company)
                              (NICO)

                                          Tel.: (+41) 213106565

                                          OG 1

                                          International House

                                          The Parade

                                          St. Helier JE3QQ

                                          Jersey, UK

                              Subsidiary (100 %) of the National Iranian Oil Company (NIOC).

                              16.10.2012

                              24.

                              Naftiran Intertrade Company Srl

                                          Sàrl Ave.

                                          De la Tour-Haldimand 6

                                          1009 Pully

                                          Schweiz

                              Subsidiary (100 %) of the Naftiran Intertrade Company Ltd.

                              16.10.2012

                              25.

                              Petroiran Development Company (PEDCO) Ltd
                              (a.k.a. PetroIran; a.k.a. "PEDCO")

                                          National Iranian Oil Company - PEDCO,

                                          P.O. Box 2965,

                                          Al Bathaa Tower,

                                          9th Floor, Apt. 905, Al Buhaira Corniche, Sharjah,

                                          United Arab Emirates;

                                          P.O. Box 15875-6731,

                                          Tehran,

                                          Iran; 41,

                                          1st Floor, International House,

                                          The Parade,

                                          St. Helier JE2 3QQ,

                                          Jersey;

                                          No. 22, 7th Lane,

                                          Khalid Eslamboli Street,

                                          Shahid Beheshti Avenue,

                                          Tehran,

                                          Iran;

                                          No. 102, Next to Shahid Amir Soheil Tabrizian Alley,

                                          Shahid Dastgerdi (Ex Zafar) Street,

                                          Shariati Street,

                                          Tehran 19199/45111,

                                          Iran;

                                          Kish Harbour,

                                          Bazargan Ferdos Warehouses,

                                          Kish Island,

                                          Iran;

                                    Registration ID 67493 (Jersey)

                              Subsidiary of Naftiran Intertrade Company Ltd.

                              16.10.2012

                              26.

                              Petropars Ltd.
                              (a.k.a. Petropasr Limited; a.k.a. "PPL")

                                          Calle La Guairita, Centro Profesional Eurobuilding,

                                          Piso 8,

                                          Oficina 8E,

                                          Chuao,

                                          Caracas 1060,

                                          Venezuela;

                                          No. 35, Farhang Blvd.,

                                          Saadat Abad,

                                          Tehran,

                                          Iran;

                                          P.O. Box 3136,

                                          Road Town,

                                          Tortola,

                                          Virgin Islands,

                                          British;

                                    all offices worldwide.

                              Subsidiary of Naftiran Intertrade Company Ltd.

                              16.10.2012

                              27.

                              Petropars International FZE
                              (a.k.a. PPI FZE)

                                          P.O. Box 72146,

                                          Dubai,

                                          United Arab Emirates;

                                    all offices worldwide

                              Subsidiary of Petropars Ltd.

                              16.10.2012

                              28.

                              Petropars UK Limited

                                          47 Queen Anne Street,

                                          London W1G 9JG,

                                          United Kingdom; UK

                                    Company Number 03503060
                              (United Kingdom);
                              all offices worldwide

                              Subsidiary of Petropars Ltd.

                              16.10.2012

                              29.

                              National Iranian Gas Company
                              (NIGC)

                                          (1)

                                          National Iranian Gas Company Building,

                                                      South Aban Street,

                                                      Karimkhan Boulevard,

                                                      Tehran,

                                                      Iran

                                          (2)

                                          P.O. Box 15875,
                                          Tehran,
                                          Iran

                                          (3)

                                          NIGC Main Bldg.

                                                      South Aban St.

                                                      Karimkhan Ave.,

                                                      Tehran 1598753113,

                                                      Iran

                              State-owned and operated entity that provides financial resources to the Government of Iran. The Minister of Oil is Chairman of NIGC's Board and the Deputy Oil Minister is Managing Director and Vice Chairman of NIGC.

                              16.10.2012

                              30.

                              National Iranian Oil Refining and Distribution Company
                              (NIORDC)

                                          4 Varsho Street,

                                          Tehran 1598666611,

                                          P.O. Box 15815/3499

                                          Tehran

                              State-owned and operated entity that provides financial support to the Government of Iran. The Minister of Oil is Chairman of NIORDC's Board.

                              16.10.2012

                              31.

                              National Iranian Tanker Company
                              (NITC)

                                          35 East Shahid Atefi Street,

                                          Africa Ave., 19177

                                          Tehran,

                                          P.O. Box: 19395-4833,

                                          Tel: +98 21 23801,

                                          Email: info@nitc-tankers.com;

                                    all offices worldwide

                              Effectively controlled by the Government of Iran. Provides financial support to the Government of Iran through its shareholders which maintain ties with the Government.

                              16.10.2012

                              32.

                              Trade Capital Bank

                                          220035 Belarus

                                          Timiriazeva str. 65A

                                          Tel: +375 (17) 3121012

                                          Fax +375 (17) 3121008

                                          e-mail: info@tcbank.by

                              Subsidiary (99 %) of Tejarat Bank.

                              16.10.2012

                              33.

                              Bank of Industry and Mine

                                          No. 2817 Firouzeh Tower (above park way junction)

                                          Valiaar St.

                                          Tehran

                                          Tel. 021-22029859

                                          Fax: 021-22260272-5

                              State owned company which provides financial support to the Government of Iran.

                              16.10.2012

                              34.

                              Cooperative Development Bank
                              (a.k.a. Tose’e Ta’avon Bank)

                                          Bozorgmehr St.

                                          Vali-e Asr Ave

                                          Tehran

                                          Tel: +(9821) 66419974 / 66418184

                                          Fax: (+9821) 66419974

                                          e-mail: info@sandoghtavon.gov.ir

                              State owned company which provides financial support to the Government of Iran.

                              16.10.2012

                  III.

                  The entry for the entity set out in Annex II to Decision 2010/413/CFSP listed below shall be replaced by the following:
                  B.   Entities

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              Central Bank of Iran
                              (a.k.a. Central Bank of the Islamic Republic of Iran)

                                          Postal Address: Mirdamad Blvd., NO. 144,

                                          Tehran,

                                          Islamic Republic of Iran

                                          P.O. Box: 15875 / 7177

                                    Switchboard: +98 21 299 51
                              Cable Address: MARKAZBANK
                              Telex: 216 219-22 MZBK IR SWIFT
                              Address: BMJIIRTH
                              Web Site: http://www.cbi.ir
                              E-mail: G.SecDept@cbi.ir

                              Involvement in activities to circumvent sanctions. Provides financial support to the Government of Iran.

                              23.1.2012

                  IV.

                  The persons and entities listed below shall be deleted from the list set out in Annex II to Decision 2010/413/CFSP.

                              1.

                              Mohammad MOKHBER

                              2.

                              Hassan BAHADORI

                              3.

                              Dr. Peyman Noori BROJERDI

                              4.

                              Dr. Mohammad JAHROMI

                              5.

                              Mahmoud Reza KHAVARI

                              6.

                              Dr M H MOHEBIAN

                              7.

                              Bahman VALIKI

                              8.

                              Pouya Control

                              9.

                              Boustead Shipping Agencies Sdn Bhd

                              10.

                              OTS Steinweg Agency.


title: 2010/181/: Council Decision of 16 February 2010 making public Recommendation 2010/190/EU with a view to ending the inconsistency with the broad guidelines of the economic policies in Greece and removing the risk of jeopardising the proper functioning of the economic and monetary union

text:
               30.3.2010

               EN

               Official Journal of the European Union

               L 83/12

         COUNCIL DECISION
   of 16 February 2010
   making public Recommendation 2010/190/EU with a view to ending the inconsistency with the broad guidelines of the economic policies in Greece and removing the risk of jeopardising the proper functioning of the economic and monetary union
   (2010/181/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of European Union, and in particular Article 121(4) thereof,
   Having regard to the proposal of the Commission,
   Whereas:

               (1)

               On 16 February 2010, the Council adopted Recommendation 2010/190/EU (1) with a view to ending the inconsistency with the broad guidelines of the economic policies in Greece and removing the risk of jeopardising the proper functioning of the economic and monetary union.

               (2)

               Making that Recommendation public should facilitate the coordination of the economic policies of Member States and the Union, contribute to a better understanding among economic agents and facilitate the implementation of the recommended measures,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Recommendation 2010/190/EU with a view to ending the inconsistency with the broad guidelines of the economic policies in Greece and removing the risk of jeopardising the proper functioning of economic and monetary union shall be published in the Official Journal of the European Union.
   Article 2
   This Decision shall take effect on 16 February 2010.

      Done at Brussels, 16 February 2010.

            For the Council

            The President

         E. SALGADO

      (1)  See page 65 of this Official Journal.


title: Decision (EU) 2015/2218 of the European Central Bank of 20 November 2015 on the procedure to exclude staff members from the presumption of having a material impact on a supervised credit institution's risk profile (ECB/2015/38)

text:
               1.12.2015

               EN

               Official Journal of the European Union

               L 314/66

         DECISION (EU) 2015/2218 OF THE EUROPEAN CENTRAL BANK
   of 20 November 2015
   on the procedure to exclude staff members from the presumption of having a material impact on a supervised credit institution's risk profile (ECB/2015/38)
   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(6) and Article 132 thereof,
   Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 4(3) thereof,
   Whereas:

               (1)

               Within the framework established pursuant to Article 6 of Regulation (EU) No 1024/2013, the European Central Bank (ECB) is exclusively competent to carry out the tasks conferred on it by Article 4 of that Regulation relating to credit institutions established in participating Member States or branches established in participating Member States by credit institutions established in non-participating Member States.

               (2)

               In order to pursue the objectives of the banking union following the European Council's conclusion of 19 October 2012 that the process towards a deeper economic and monetary union should build on the Union's institutional and legal framework, a harmonised legal framework within the Single Supervisory Mechanism should be established.

               (3)

               Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17) (2) establishes the framework for cooperation within the Single Supervisory Mechanism between the ECB and national competent authorities and with national designated authorities. In particular Part III, Title 2 sets out general provisions relating to due process for adopting ECB supervisory decisions.

               (4)

               The framework for prudential supervision established by Directive 2013/36/EU of the European Parliament and of the Council (3) requires that institutions identify all members of staff whose professional activities have a material impact on the institution's risk profile. Any criteria used for this purpose must ensure that the identification of staff whose professional activities have a material impact on the institution's risk profile reflects the level of risk of different activities within the institution.

               (5)

               The ECB is responsible for ensuring, within the framework of Commission Delegated Regulation (EU) No 604/2014 (4), that the entities under its direct supervision apply the rules on the identification of staff having a material impact on an institution's risk profile in a coherent manner that safeguards the soundness of any such identification. This Decision therefore provides for a procedure in relation to the application of the quantitative criteria set out in Article 4 of Delegated Regulation (EU) No 604/2014,

         HAS ADOPTED THIS DECISION:
   Article 1
   Scope
   This Decision lays down the procedural requirements for both the notification and the application for the prior approval that supervised credit institutions shall submit to the ECB in order to exclude staff members or categories of staff members from the presumption of being identified staff based on the quantitative criteria laid down in Article 4 of Delegated Regulation (EU) No 604/2014.
   Article 2
   Definitions
   For the purposes of this Decision:

               (1)

               ‘supervised credit institution’ means a significant supervised entity as defined in Article 2(16) of Regulation (EU) No 468/2014 (ECB/2014/17) or significant supervised group as defined in Article 2(22) of Regulation (EU) No 468/2014 (ECB/2014/17);

               (2)

               ‘ECB supervisory decision’ has the same meaning as defined in Article 2(26) of Regulation (EU) No 468/2014 (ECB/2014/17);

               (3)

               ‘identified staff’ means all members of staff of a supervised credit institution whose professional activities have a material impact on the credit institution's risk profile in accordance with Delegated Regulation (EU) No 604/2014, on an individual, sub-consolidated or consolidated basis, as defined in paragraphs (48) and (49) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (5).

         Article 3
   General information to be provided to the ECB
   1.   The notification pursuant to Article 4(4) and the application for prior approval pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014 shall contain the following information for the end of the preceding financial year and for the current financial year:

               (a)

               the reference date;

               (b)

               the legal entity identifier (LEI) of the supervised credit institution;

               (c)

               the number of full-time equivalent employees;

               (d)

               the number of identified staff;

               (e)

               the number of identified staff based on the qualitative criteria pursuant to Article 3 of Delegated Regulation (EU) No 604/2014;

               (f)

               the number of identified staff based exclusively on the quantitative criteria established in Article 4 of Delegated Regulation (EU) No 604/2014, together with an indication of which of the categories specified in Article 4(1)(a), (b) or (c) of Delegated Regulation (EU) No 604/2014 each identified staff member belongs to;

               (g)

               the number of identified staff exclusively based on additional criteria set forth by the supervised credit institution.

         2.   The notification pursuant to Article 4(4) and the application for prior approval pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014 shall contain the following information for each staff member for whom an exclusion is requested:

               (a)

               the staff member's name, entity, business unit, department, job title and reporting line together with the number of full-time equivalent employees under the staff member's management;

               (b)

               whether the staff member belongs to any risk taking or risk control function and if so, what is the threshold in millions of euro of risk positions that the function is allowed to take;

               (c)

               whether the staff member is a member of any committee and if so, the name of the committee, its reporting level and its degree of authority to take risk decisions expressed as a percentage of Common Equity Tier 1 capital;

               (d)

               the total amount of remuneration in euros and the variable to fixed remuneration ratio awarded to the staff member in the preceding financial year;

               (e)

               the key performance indicators for the staff member's variable remuneration;

               (f)

               the quantitative criteria on the basis of which the staff member was assessed as being identified staff (Article 4(1)(a), (b) or (c) of Delegated Regulation (EU) No 604/2014);

               (g)

               the criteria on the basis of which the exclusion of the staff member is requested (Article 4(2)(a) or (b) of Delegated Regulation (EU) No 604/2014).

         3.   The notification pursuant to Article 4(4) and the application for prior approval pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014 shall contain the annual internal or external audit assessment report on the identification process of identified staff and its results, also covering the requested exclusions.
   Article 4
   Documentation required to substantiate that a business unit is not material
   1.   When filing a notification pursuant to Article 4(4) or applying for prior approval pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014, supervised credit institutions shall submit to the ECB the following documentation in order to substantiate that a staff member, or the category of staff to which the staff member belongs, only carries out professional activities in a business unit which is not a material business unit as referred to in Article 4(2)(a) of Delegated Regulation (EU) No 604/2014:

               (a)

               a detailed and comprehensive description of the duties and responsibilities of the relevant staff member or the category of staff to which the staff member belongs;

               (b)

               an organisational chart of the relevant business unit that shows the hierarchical structure and reporting lines, including the relevant staff member or category of staff to which the staff member belongs;

               (c)

               a detailed description of the internal capital allocation to the relevant business unit according to Article 73 of Directive 2013/36/EU for the current and the 2 preceding financial years;

               (d)

               an overview of the internal capital allocation to all business units in accordance with Article 73 of Directive 2013/36/EU for the current and the 2 preceding financial years;

               (e)

               a statement explaining why the supervised credit institution awarded the staff member, or category of staff to which the staff member belongs, a remuneration that meets the criteria stipulated in Article 4(1) of Delegated Regulation (EU) No 604/2014 even though the staff member carries out professional activities in a non-material business unit;

               (f)

               a reasoned statement explaining why the staff member, or category of staff to which the staff member belongs, does not meet the qualitative criteria referred to in Article 3 of Delegated Regulation (EU) No 604/2014.

         2.   If the definition of business units within the supervised credit institution has changed within the current and the 2 preceding financial years, the supervised credit institution shall provide the reasons for this change.
   3.   The ECB may require the supervised credit institution to submit further information to substantiate the application.
   Article 5
   Documentation to substantiate that a staff member's professional activities have no material impact on the risk profile of a material business unit
   1.   When filing a notification pursuant to Article 4(4) or applying for prior approval pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014, supervised credit institutions shall submit the following documentation to the ECB in order to substantiate that a staff member's or category of staff's professional activities have no material impact on the risk profile of a material business unit as referred to in Article 4(2)(b) of Delegated Regulation (EU) No 604/2014:

               (a)

               a detailed and comprehensive description of the duties and responsibilities of the relevant staff member or category of staff to which the staff member belongs;

               (b)

               an organisational chart of the relevant business unit that shows the hierarchical structure and reporting lines, including the relevant staff member or category of staff to which the staff member belongs;

               (c)

               a detailed description of the objective criteria stipulated in Article 4(3) of Delegated Regulation (EU) No 604/2014 that have been used to assess that the professional activities of the relevant staff member, or the category of staff to which the staff member belongs have no material impact on the risk profile of a material business unit, specifying how these criteria have been applied and how all relevant risk and performance indicators used for internal risk measurement purposes have been taken into account;

               (d)

               a statement explaining why the supervised credit institution awarded the staff member, or category of staff to which the staff member belongs, a remuneration that meets the criteria stipulated in Article 4(1) of Delegated Regulation (EU) No 604/2014 even though the staff member has no material impact on the risk profile of a material business unit;

               (e)

               a reasoned statement explaining why the relevant staff member, or category of staff to which the staff member belongs, does not meet the qualitative criteria referred to in Article 3 of Delegated Regulation (EU) No 604/2014.

         2.   The ECB may require the supervised credit institution to submit further information to substantiate the application.
   Article 6
   Supplementary documentation to substantiate applications for staff members awarded a total remuneration of EUR 1 000 000 or more
   1.   When applying for prior approval pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014 for a staff member who was awarded a total remuneration of EUR 1 000 000 or more in the preceding financial year, supervised credit institutions shall submit the following documentation to the ECB in order to substantiate the exceptional circumstances referred to in Article 4(5) of Delegated Regulation (EU) No 604/2014:

               (a)

               a detailed description of the exceptional circumstances linked to the professional activity of the relevant staff member and their impact on the risk profile of the supervised credit institution. A highly competitive situation shall not be considered an exceptional circumstance;

               (b)

               a detailed description of any exceptional circumstances linked to the remuneration of the relevant staff member that explains why the supervised credit institution awarded the staff member a remuneration of EUR 1 000 000 or more, even though the staff member reportedly does not have a material impact on the risk profile of the supervised credit institution.

         2.   The ECB may require the supervised credit institution to submit further information to substantiate the application.
   Article 7
   Period for filing notifications
   1.   Notifications pursuant to Article 4(4) of Delegated Regulation (EU) No 604/2014 shall be filed without delay, but at the latest within 6 months from the end of the preceding financial year. A determination by a supervised credit institution used as the basis for a notification shall be limited to the performance of the staff member during the financial year following the year in which the notification was made.
   2.   For staff members who were covered by a notification in the previous filing period, a new notification is not needed as long as the criterion used for the determination is still applicable.
   3.   In the case of a staff member who is the subject of a notification for the first time, the determination shall apply to both the performance of the staff member during the financial year in which the notification is made and to the performance of the staff member during the following financial year. This provision shall only be applicable in respect of notifications submitted after the entry into force of this Decision.
   Article 8
   Period for submitting applications for prior approval
   Applications for prior approval pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014 shall be submitted without delay, but at the latest within 6 months from the end of the preceding financial year.
   Article 9
   Assessment by the ECB
   1.   On the basis of notifications filed pursuant to Article 4(4) and applications submitted for prior approval pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014, the ECB shall assess:

               (a)

               the completeness of the documentation;

               (b)

               the basis on which the supervised credit institution has determined that the staff member concerned, or the category of staff to which the staff member belongs, meets one of the conditions laid down in Article 4(2) of Delegated Regulation (EU) No 604/2014;

               (c)

               whether the staff member, or the category of staff to which the staff member belongs, has no material impact on the risk profile of a material business unit through the professional activities carried out by verifying:

                           (i)

                           whether the supervised credit institution has applied objective criteria, which take into account all relevant risk and performance indicators that it otherwise uses to identify, manage and monitor risks in accordance with Article 74 of Directive 2013/36/EU;

                           (ii)

                           whether the supervised credit institution has compared the duties and authorities of the staff member, or category of staff to which the staff member belongs, and their impact on the supervised credit institution's risk profile with the impact of the professional activities of staff members identified by the qualitative criteria set out in Article 3 of Delegated Regulation (EU) No 604/2014;

               (d)

               with regard to the applications for prior approval for staff members awarded a total remuneration of EUR 1 000 000 or more, whether exceptional circumstances apply. In such cases the ECB shall inform the European Banking Authority of the results of the initial assessment prior to taking any decision.

         2.   In the event of an application submitted for prior approval pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014, the ECB shall issue a decision within 3 months of receipt of the complete documentation.
   3.   In the event of a notification pursuant to Article 4(4) of Delegated Regulation (EU) No 604/2014, where the assessment indicates that the requirements laid down in this Decision and in Article 4(2) of Delegated Regulation (EU) No 604/2014 are not met, the ECB shall notify the supervised credit institution thereof within 3 months of receipt of the complete documentation. The supervised credit institution shall not apply Article 4(2) of Delegated Regulation (EU) No 604/2014. In the absence of a notification by the ECB according to the first sentence of this paragraph, the supervised credit institution shall be considered to be compliant with Article 4(2) of Delegated Regulation (EU) No 604/2014 and the requirements referred to therein.
   Article 10
   Duration of prior approval granted
   1.   A prior approval granted by the ECB pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014 shall be limited to the performance of the staff member during the financial year following the year in which the ECB supervisory decision containing the approval was notified to the supervised credit institution.
   2.   In the case of a first application for a relevant staff member, the approval shall be granted for the performance of the staff member during the financial year in which the ECB supervisory decision containing the approval was notified to the supervised credit institution and also for the performance of the staff member during the following financial year. This provision shall only be applicable in reference to the applications submitted after the entry into force of this Decision.
   Article 11
   Transitional provisions
   1.   This Decision shall apply to the filing of notifications pursuant to Article 4(4) or applications for prior approval pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014 submitted after the entry into force of this Decision.
   2.   Exceptionally, filing of notifications pursuant to Article 4(4) or applications for prior approval pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014 based on 2014 information shall be made by 31 December 2015.
   3.   The approvals granted by the ECB pursuant to Article 4(5) of Delegated Regulation (EU) No 604/2014 under these transitional provisions shall apply to the performance of the staff member during the financial years 2015 and 2016.
   Article 12
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 20 November 2015.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 287, 29.10.2013, p. 63.

      (2)  Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, p. 1).

      (3)  Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

      (4)  Commission Delegated Regulation (EU) No 604/2014 of 4 March 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards with respect to qualitative and appropriate quantitative criteria to identify categories of staff whose professional activities have a material impact on an institution's risk profile (OJ L 167, 6.6.2014, p. 30).

      (5)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).


Avis juridique important

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31986D0571

86/571/EEC: Council Decision of 15 September 1986 on the conclusion of the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 337 , 29/11/1986 P. 0001 - 0001

COUNCIL DECISION of 15 September 1986 on the conclusion of the Additional Protocol to the  Agreement between the European Economic Community and the Kingdom of N°rway consequent on the  accession of the Kingdom of Spain and the Portuguese Republic to the Community (86/571/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 it is necessary to approve the Additional Protocol to the Agreement between the European  Economic Community and the Kingdom of N°rway(1) signed in Brussels on 14 May 1973, to take account  of the accession of the Kingdom of Spain and the Portuguese Republic to the Community, HAS DECIDED AS FOLLOWS: Article 1 The Additional Protocol to the Agreement between the European Economic Community and  the Kingdom of N°rway consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community. The text of the Protocol is attached to this Decision. Article 2 The President of the Council shall give the notification provided for in Article 18 of  the Protocol(2). Article 3 This Decision shall take effect on the day following its publication in the Official  Journal of the European Communities. Done at Brussels, 15 September 1986. For the CouncilThe PresidentG. HOWE (1)OJ N° L 171, 27. 6. 1973, p. 2.  (2)The date of entry into force of the Protocol will be published in the Official Journal of the  European Communities by the General Secretariat of the Council.


title: Council Decision 2013/351/CFSP of 2 July 2013 amending Decision 2011/426/CFSP appointing the European Union Special Representative in Bosnia and Herzegovina

text:
               4.7.2013

               EN

               Official Journal of the European Union

               L 185/7

         COUNCIL DECISION 2013/351/CFSP
   of 2 July 2013
   amending Decision 2011/426/CFSP appointing the European Union Special Representative in Bosnia and Herzegovina
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 July 2011, the Council adopted Decision 2011/426/CFSP (1) appointing Mr Peter SØRENSEN as the European Union Special Representative (EUSR) in Bosnia and Herzegovina. The mandate of the EUSR is to expire on 30 June 2015.

               (2)

               Decision 2011/426/CFSP, as amended by Decision 2012/330/CFSP (2), provided the EUSR with the financial reference amounts covering the period from 1 September 2011 to 30 June 2013. A new financial reference amount for the period from 1 July 2013 to 30 June 2014 should be established.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty.

               (4)

               Decision 2011/426/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 5(1) of Decision 2011/426/CFSP, the following subparagraph is added:

      "The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2013 to 30 June 2014 shall be EUR 5 285 000.".

   Article 2
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 July 2013.

      Done at Brussels, 2 July 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 188, 19.7.2011, p. 30.

      (2)  OJ L 165, 26.6.2012, p. 66.


title: 2013/381/EU: Council Decision of 9 July 2013 appointing a German member of the Committee of the Regions

text:
               16.7.2013

               EN

               Official Journal of the European Union

               L 193/21

         COUNCIL DECISION
   of 9 July 2013
   appointing a German member of the Committee of the Regions
   (2013/381/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions will become vacant following the end of the term of office of Mr Helmut Max JAHN on 22 July 2013,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as member of the Committee of the Regions with effect from 23 July 2013 for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Mr Jörg DUPPRÉ, Landrat des Landkreises Südwestpfalz, Präsident des Deutschen Landkreistages.

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

      Done at Brussels, 9 July 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Council Decision of 18 December 2006 appointing members and alternate members of the Advisory Committee on Education and Training in the Field of Architecture

text:
               28.12.2006

               EN

               Official Journal of the European Union

               C 320/1

      COUNCIL DECISION

   of 18 December 2006
   appointing members and alternate members of the Advisory Committee on Education and Training in the Field of Architecture
   (2006/C 320/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 85/385/EEC of 10 June 1985 setting up an Advisory Committee on Education and Training in the Field of Architecture, and in particular Articles 3 and 4 thereof, (1)

   Whereas Article 3 of the above Decision provides that the Committee shall consist of three experts from each Member State and one alternate for each of those experts; whereas Article 4 of the same Decision provides that the term of office of those experts and alternates shall be three years, and may end before expiry of the period of three years by virtue of the resignation or death of the member or his replacement by another person; in that event, the appointment of a new member is for the remainder of the term of office;
   Whereas by its Decision 2006/C 68/03 of 9 March 2006
       (2) the Council appointed the members and alternate members of the Advisory Committee on Education and Training in the Field of Architecture for a period of three years as from the date of the Decision;
   Whereas the Governments of seven Member States have each submitted a list of candidates with a view to the appointment or replacement of members and alternate members,
   HAS DECIDED AS FOLLOWS:
   Sole Article
   The following shall be appointed members and alternate members of the Advisory Committee on Education and Training in the Field of Architecture from the date of this Decision until 9 March 2009:
   A.   EXPERTS FROM THE PRACTISING PROFESSION

               Country

               Members

               Alternates

               Czech Republic

               Mr Dalibor BORÁK

               Denmark

               Ms Bente BEDHOLM

               Mr Henning THOMASEN

               Cyprus

               Mr Themis THEMISTOCLEOUS

               Mr Vassos CHRISTOU

               Luxembourg

               Ms Marie-Hélène LUCAS

               Mr Nico STEINMETZ

               Portugal

               Mr Carlos da SILVA AFONSO

               Mr Nuno da SILVA ARAÚJO SIMÕES

         B.   EXPERTS FROM UNIVERSITIES OR EQUIVALENT TEACHING INSTITUTIONS IN THE FIELD OF ARCHITECTURE

               Country

               Members

               Alternates

               Denmark

               Mr Sven FELDING

               Mr Jørgen HAUBERG

               Luxembourg

               Mr Jean TAGLIAFERRI

               Mr Raymond HARSCH

               Portugal

               Mr Mario Júlio TEIXEIRA KRUGER

               Mr Manuel MENDES TAINHA

               Sweden

               Mr Hasse ERNERFELDT

         C.   EXPERTS FROM THE COMPETENT AUTHORITIES OF THE MEMBER STATES

               Country

               Members

               Alternates

               Czech Republic

               Ms Marie KOTRLÁ

               Denmark

               Mr Mikkel BUCHTER

               Mr Mads FLYVHOLM

               Luxembourg

               Ms Bernadette FRIEDERICI-CARABIN

               Ms Elodie HOFMANN

               Slovakia

               Mr Róbert PODHORSKY

      Done at Brussels, 18 December 2006.

            For the Council

            The President

         J.-E. ENESTAM

      (1)  OJ L 223, 21.8.1985, p. 26.

      (2)  OJ C 68, 21.3.2006, p. 6.


Avis juridique important

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32004D0003(01)

2004/258/EC: Decision of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3)

Official Journal L 080 , 18/03/2004 P. 0042 - 0044

Decision of the European Central Bankof 4 March 2004on public access to European Central Bank documents(ECB/2004/3)(2004/258/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular to Article 12.3 thereof,Having regard to the Rules of Procedure of the European Central Bank(1), and in particular to Article 23 thereof,Whereas:(1) The second subparagraph of Article 1 of the Treaty on European Union enshrines the concept of openness, stating that the Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen. Openness enhances the administration's legitimacy, effectiveness and accountability, thus strengthening the principles of democracy.(2) In the Joint Declaration(2) relating to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(3), the European Parliament, the Council and the Commission call on the other institutions and bodies of the Union to adopt internal rules on public access to documents which take account of the principles and limits set out in the Regulation. The regime on public access to ECB documents as laid down in Decision ECB/1998/12 of 3 November 1998 concerning public access to documentation and the archives of the European Central Bank(4) should be revised accordingly.(3) Wider access should be granted to ECB documents, while at the same time protecting the independence of the ECB and of the national central banks (NCBs) foreseen by Article 108 of the Treaty and Article 7 of the Statute, and the confidentiality of certain matters specific to the performance of the ECB's tasks. In order to safeguard the effectiveness of its decision-making process, including its internal consultations and preparations, the proceedings of the meetings of the ECB's decision-making bodies are confidential, unless the relevant body decides to make the outcome of its deliberations public.(4) However, certain public and private interests should be protected by way of exceptions. Furthermore, the ECB needs to protect the integrity of euro banknotes as a means of payment including, without limitation, the security features against counterfeiting, the technical production specifications, the physical security of stocks and the transportation of euro banknotes.(5) When NCBs handle requests for ECB documents that are in their possession, they should consult the ECB in order to ensure the full application of this Decision unless it is clear whether or not the document may be disclosed.(6) In order to bring about greater openness, the ECB should grant access not only to documents drawn up by it, but also to documents received by it while at the same time preserving the right for the third parties concerned to express their positions with regard to access to documents originating from those parties.(7) In order to ensure that good administrative practice is respected, the ECB should apply a two-stage procedure,HAS DECIDED AS FOLLOWS:Article 1PurposeThe purpose of this Decision is to define the conditions and limits according to which the ECB shall give public access to ECB documents and to promote good administrative practice on public access to such documents.Article 2Beneficiaries and scope1. Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to ECB documents, subject to the conditions and limits defined in this Decision.2. The ECB may, subject to the same conditions and limits, grant access to ECB documents to any natural or legal person not residing or not having its registered office in a Member State.3. This Decision shall be without prejudice to rights of public access to ECB documents which might follow from instruments of international law or acts which implement them.Article 3DefinitionsFor the purpose of this Decision:(a) "document" and "ECB document" shall mean any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) drawn up or held by the ECB and relating to its policies, activities or decisions, as well as documents originating from the European Monetary Institute (EMI) and from the Committee of Governors of the central banks of the Member States of the European Economic Community (Committee of Governors);(b) "third party" shall mean any natural or legal person, or any entity outside the ECB.Article 4Exceptions1. The ECB shall refuse access to a document where disclosure would undermine the protection of:(a) the public interest as regards:- the confidentiality of the proceedings of the ECB's decision-making bodies,- the financial, monetary or economic policy of the Community or a Member State,- the internal finances of the ECB or of the NCBs,- protecting the integrity of euro banknotes,- public security,- international financial, monetary or economic relations;(b) the privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data;(c) the confidentiality of information that is protected as such under Community law.2. The ECB shall refuse access to a document where disclosure would undermine the protection of:- the commercial interests of a natural or legal person, including intellectual property,- court proceedings and legal advice,- the purpose of inspections, investigations and audits,unless there is an overriding public interest in disclosure.3. Access to a document containing opinions for internal use as part of deliberations and preliminary consultations within the ECB or with NCBs shall be refused even after the decision has been taken, unless there is an overriding public interest in disclosure.4. As regards third-party documents, the ECB shall consult the third party concerned with a view to assessing whether an exception in this Article is applicable, unless it is clear that the document shall or shall not be disclosed.5. If only parts of the requested document are covered by any of the exceptions, the remaining parts of the document shall be released.6. The exceptions as laid down in this Article shall only apply for the period during which protection is justified on the basis of the content of the document. The exceptions may apply for a maximum period of 30 years unless specifically provided otherwise by the ECB's Governing Council. In the case of documents covered by the exceptions relating to privacy or commercial interests, the exceptions may continue to apply after this period.Article 5Documents at the NCBsDocuments that are in the possession of an NCB and have been drawn up by the ECB as well as documents originating from the EMI or the Committee of Governors may be disclosed by the NCB only subject to prior consultation of the ECB concerning the scope of access, unless it is clear that the document shall or shall not be disclosed.Alternatively the NCB may refer the request to the ECB.Article 6Applications1. An application for access to a document shall be made to the ECB(5) in any written form, including electronic form, in one of the official languages of the Union and in a sufficiently precise manner to enable the ECB to identify the document. The applicant is not obliged to state the reasons for the application.2. If an application is not sufficiently precise, the ECB shall ask the applicant to clarify the application and shall assist the applicant in doing so.3. In the event of an application relating to a very long document or to a very large number of documents, the ECB may confer with the applicant informally, with a view to finding a fair solution.Article 7Processing of initial applications1. An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant. Within 20 working days from the receipt of the application, or on receipt of the clarifications requested in accordance with Article 6(2), the Director General Secretariat and Language Services of the ECB shall either grant access to the document requested and provide access in accordance with Article 9 or, in a written reply, state the reasons for total or partial refusal and inform the applicant of their right to make a confirmatory application in accordance with paragraph 2.2. In the event of total or partial refusal, the applicant may, within 20 working days of receiving the ECB's reply, make a confirmatory application asking the ECB's Executive Board to reconsider its position. Furthermore, failure by the ECB to reply within the prescribed 20 working days' time limit for handling the initial application shall entitle the applicant to make a confirmatory application.3. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, or if the consultation of a third party is required, the ECB may extend the time limit provided for in paragraph 1 by 20 working days, provided that the applicant is notified in advance and that detailed reasons are given.4. Paragraph 1 shall not apply in case of excessive or unreasonable applications, in particular when they are of a repetitive nature.Article 8Processing of confirmatory applications1. A confirmatory application shall be handled promptly. Within 20 working days from the receipt of such application, the Executive Board shall either grant access to the document requested and provide access in accordance with Article 9 or, in a written reply, state the reasons for the total or partial refusal. In the event of a total or partial refusal, the ECB shall inform the applicant of the remedies open to them in accordance with Articles 230 and 195 of the Treaty.2. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the ECB may extend the time limit provided for in paragraph 1 by 20 working days, provided that the applicant is notified in advance and that detailed reasons are given.3. Failure by the ECB to reply within the prescribed time limit shall be considered to be a negative reply and shall entitle the applicant to institute court proceedings and/or submit a complaint to the European Ombudsman, under Articles 230 and 195 of the Treaty, respectively.Article 9Access following an application1. Applicants may consult documents to which the ECB has granted access either at its premises or by receiving a copy, including, where available, an electronic copy. The costs of producing and sending copies may be charged to the applicant. This charge shall not exceed the real cost of producing and sending the copies. Consultation on the spot, copies of less than 20 A4 pages and direct access in electronic form shall be free of charge.2. If a document has already been released by the ECB and is easily accessible, the ECB may fulfil its obligation of granting access to it by informing the applicant how to obtain the requested document.3. Documents shall be supplied in an existing version and format (including electronically or in an alternative format) as requested by the applicant.Article 10Reproduction of documents1. Documents released in accordance with this Decision shall not be reproduced or exploited for commercial purposes without the ECB's prior specific authorisation. The ECB may withhold such authorisation without stating reasons.2. This Decision shall be without prejudice to any existing rules on copyright which may limit a third party's right to reproduce or exploit released documents.Article 11Final provisionsThis Decision shall enter into force on the day following its publication in the Official Journal of the European Union.Decision ECB/1998/12 shall be repealed.Done at Frankfurt am Main, 4 March 2004.The President of the ECBJean-Claude Trichet(1) Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank. See page 33 of this Official Journal.(2) OJ L 173, 27.6.2001, p. 5.(3) OJ L 145, 31.5.2001, p. 43.(4) OJ L 110, 28.4.1999, p. 30.(5) Addressed to the European Central Bank, Secretariat Division, Kaiserstrasse 29, D-60311 Frankfurt am Main. Fax: + 49 (69) 1344 6170. E-mail: ecb.secretariat@ecb.int.