title: Council Decision of 21 October 2010 on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, with regard to the adoption of provisions on the coordination of social security systems

text:
               23.11.2010

               EN

               Official Journal of the European Union

               L 306/35

         COUNCIL DECISION
   of 21 October 2010
   on the position to be taken by the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, with regard to the adoption of provisions on the coordination of social security systems
   (2010/702/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 47 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (1) (the Agreement), provides that the Stabilisation and Association Council shall, by decision, adopt the appropriate provisions to implement the objectives set out in that Article.

               (2)

               In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (3)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the Stabilisation and Association Council set up by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, concerning the implementation of Article 47 of the Agreement shall be based on the draft decision of the Stabilisation and Association Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 21 October 2010.

            For the Council

            The President

         J. MILQUET

      (1)  OJ L 26, 28.1.2005, p. 3.
    ---documentbreak---

               23.11.2010

               EN

               Official Journal of the European Union

               L 306/36

         Draft
   DECISION No …/… OF THE STABILISATION AND ASSOCIATION COUNCIL
   established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part,
   of …
   with regard to the provisions on the coordination of social security systems contained in the Stabilisation and Association Agreement
   THE STABILISATION AND ASSOCIATION COUNCIL,
   Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (1), and in particular Article 47 thereof,
   Whereas:

               (1)

               Article 47 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (the Agreement), provides for the coordination of the social security systems of Croatia and the Member States and lays down the principles for such coordination.

               (2)

               Article 47 of the Agreement provides that the Stabilisation and Association Council shall adopt a Decision for the purpose of implementing the objectives set out in that Article.

               (3)

               With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other Contracting Party, where such facts or events are not taken into account under the legislation of the first Contracting Party, other than the right to export certain benefits.

               (4)

               In applying this Decision, the right of Croatian workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance Croatia.

               (5)

               Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Croatian workers in the various Member States regarding entitlement to certain benefits, as set out in the first indent of Article 47(1) of the Agreement.

               (6)

               It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Croatia, in order to facilitate the application of the coordination rules.

               (7)

               To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Croatia, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Croatia as well as between the person concerned and the institution of the competent State.

               (8)

               Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

         HAS ADOPTED THIS DECISION:
   PART I

      GENERAL PROVISIONS

   Article 1
   Definitions
   1.   For the purposes of this Decision:

               (a)

               ‘Agreement’ means the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part;

               (b)

               ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

               (c)

               ‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4);

               (d)

               ‘Member State’ means a Member State of the European Union;

               (e)

               ‘worker’ means,

                           (i)

                           for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

                           (ii)

                           for the purposes of the legislation of Croatia, a person pursuing an activity as an employed person within the meaning of that legislation;

               (f)

               ‘member of the family’ means,

                           (i)

                           for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

                           (ii)

                           for the purposes of the legislation of Croatia, a member of the family within the meaning of that legislation;

               (g)

               ‘legislation’ means,

                           (i)

                           in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation as applicable to the benefits covered by this Decision;

                           (ii)

                           in relation to Croatia, the relevant legislation as applicable in Croatia relating to the benefits covered by this Decision;

               (h)

               ‘benefits’ means,

                           —

                           old-age pensions,

                           —

                           survivors’ pensions,

                           —

                           pensions in respect of accidents at work and occupational diseases,

                           —

                           invalidity pensions related to accidents at work and occupational diseases,

                           —

                           family allowances;

               (i)

               ‘exportable benefits’ means,

                           (i)

                           in relation to the Member States:

                                       —

                                       old-age pensions,

                                       —

                                       survivors’ pensions,

                                       —

                                       pensions in respect of accidents at work and occupational diseases,

                                       —

                                       invalidity pensions related to accidents at work and occupational diseases,

                                 within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

                           (ii)

                           in relation to Croatia, the corresponding benefits provided under the legislation of Croatia, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision;

         2.   Other terms used in this Decision shall have the meaning which is assigned to them:

               (a)

               in relation to the Member States, in the Regulation and the implementing Regulation;

               (b)

               in relation to Croatia, in the relevant legislation as applicable in Croatia.

         Article 2
   Persons covered
   This Decision shall apply:

               (a)

               to workers who are Croatian nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

               (b)

               to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

               (c)

               to workers who are nationals of a Member State who are or have been legally employed in the territory of Croatia and who are or have been subject to the legislation of Croatia, and their survivors; and

               (d)

               to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Croatia.

         Article 3
   Equality of treatment
   1.   Workers who are Croatian nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.
   2.   Workers who are nationals of a Member State and are legally employed in Croatia and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Croatian nationals.
   PART II

      RELATIONS BETWEEN THE MEMBER STATES AND CROATIA

   Article 4
   Waiving of residence clauses
   1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing,

               (i)

               for the purpose of a benefit under the legislation of a Member State, within the territory of Croatia; or

               (ii)

               for the purpose of a benefit under the legislation of Croatia, within the territory of a Member State.

         2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Croatia.
   3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Croatia when these family members reside within the territory of a Member State.
   PART III

      MISCELLANEOUS PROVISIONS

   Article 5
   Cooperation
   1.   The Member States and Croatia shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.
   2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Croatia shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Croatia may agree to certain expenses being reimbursed.
   3.   The authorities and institutions of the Member States and of Croatia may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
   4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
   5.   The persons concerned must inform the institutions of the competent Member State or Croatia, where the latter is the competent State, and of the Member State of residence or Croatia, where the latter is State of the residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
   6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.
   7.   The Member States and Croatia may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Stabilisation and Association Council.
   Article 6
   Administrative checks and medical examinations
   1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.
   2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Croatia or in Croatia when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.
   The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
   The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.
   The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
   3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Croatia or in Croatia when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
   The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.
   The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
   4.   One or more Member States and Croatia may agree on other administrative provisions, subject to their informing the Stabilisation and Association Council thereof.
   5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.
   Article 7
   Application of Article 120 of the Agreement
   Article 120 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.
   Article 8
   Special provisions for the application of the legislation of Croatia
   The Stabilisation and Association Council may, if necessary, lay down special provisions for the application of the legislation of Croatia in Annex II.
   Article 9
   Administrative procedures from existing bilateral agreements
   Administrative procedures contained in existing bilateral agreements between a Member State and Croatia may continue to apply provided that these procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.
   Article 10
   Agreements supplementing the procedures for implementing this Decision
   One or more Member States and Croatia may conclude agreements designed to supplement the administrative procedures for implementing this Decision, especially with regard to preventing and combating fraud and error.
   PART IV

      TRANSITIONAL AND FINAL PROVISIONS

   Article 11
   Transitional provisions
   1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.
   2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.
   3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.
   4.   If a request as referred to in paragraph 3 is submitted within two years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Croatia concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
   5.   If a request as referred to in paragraph 3 is submitted after the expiry of the two-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Croatia.
   Article 12
   Annexes to this Decision
   1.   The Annexes to this Decision constitute an integral part thereof.
   2.   At the request of Croatia, the Annexes may be amended by a decision of the Stabilisation and Association Council.
   Article 13
   Entry into force
   This Decision shall enter into force on the first day of the first month following the date of its publication in the Official Journal of the European Union.

      Done at …, …

            For the Stabilisation and Association Council

            The President

      (1)  OJ L 26, 28.1.2005, p. 3.

      (2)  OJ L 124, 20.5.2003, p. 1.

      (3)  OJ L 166, 30.4.2004, p. 1.

      (4)  OJ L 284, 30.10.2009, p. 1.
   ANNEX I

      LIST OF CROATIAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

   …
   ANNEX II

      SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF CROATIA

   …


title: 2009/305/EC: Council Decision of 15 September 2008 on the signing of the Agreement between the European Community and the State of Israel on certain aspects of air services

text:
               2.4.2009

               EN

               Official Journal of the European Union

               L 90/9

         COUNCIL DECISION
   of 15 September 2008
   on the signing of the Agreement between the European Community and the State of Israel on certain aspects of air services
   (2009/305/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement with the State of Israel on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003 authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the State of Israel on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.
   Article 3
   The President of the Council is hereby authorised to make the notification provided for in Article 8(1) of the Agreement.

      Done at Brussels, 15 September 2008.

            For the Council

            The President

         B. KOUCHNER

    ---documentbreak---

               2.4.2009

               EN

               Official Journal of the European Union

               L 90/10

         AGREEMENT
   between the European Community and the State of Israel on certain aspects of air services
   THE EUROPEAN COMMUNITY
   of the one part, and
   THE STATE OF ISRAEL (hereinafter referred to as Israel)
   of the other part
   (hereinafter referred to as the Parties)
   Following notification by the European Community that:
   Bilateral air service agreements have been concluded between several Member States of the European Community and Israel containing provisions that currently are not in accordance with Community law,
   The European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries, including Israel,
   Under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   Certain provisions of the bilateral air service agreements between Member States of the European Community and Israel, must be brought into conformity with European Community law in order to establish a sound legal basis for air services between the European Community and Israel and to preserve the continuity of such air services,
   Under European Community law air carriers may not in principle conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,
   Provisions in bilateral air service agreements concluded between Member States of the European Community and Israel which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings,
   It is not a purpose of the European Community, under this Agreement, to increase the total volume of air traffic between the European Community and Israel, to affect the balance between Community air carriers and air carriers of Israel, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   THE PARTIES HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the articles listed in Annex II (a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Israel, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, Israel shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established in the territory of the designating Member State under the Treaty establishing the European Community and has a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator's Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States.

         3.   Israel may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established in the territory of the designating Member State under the Treaty establishing the European Community or does not have a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator's Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States; or

               (iv)

               the air carrier is already authorised to operate under a bilateral agreement between Israel and another Member State, and Israel can demonstrate that by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, the air carrier would be circumventing restrictions on traffic rights imposed by the bilateral agreement between Israel and that other Member State.

         In exercising its right under this paragraph, Israel shall not discriminate between Community air carriers on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II (c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of Israel under the safety provisions of the agreement between the Member State that has designated the air carrier and Israel shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II (d).
   2.   The tariffs to be charged by the air carrier(s) designated by Israel under an agreement listed in Annex I containing a provision listed in Annex II (d) for carriage wholly within the European Community shall be subject to European Community law.
   Article 5
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent or distort competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
   2.   The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.
   Article 6
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 7
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement, according to the provisions of Article 8, by mutual consent.
   Article 8
   Entry into force
   This Agreement shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   Article 9
   Termination
   1.   In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Brussels in duplicate, on the ninth day of December in the year two thousand and eight, which corresponds to the twelfth day of Kislev in the year five thousand seven hundred and sixty nine in the Hebrew calendar, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Hebrew languages.

         За Европейската общнoст
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         За държавата Израел
         Por el Estado de Israel
         Za Stát Izrael
         For Staten Israel
         Für den Staat Israel
         Iisraeli Riigi nimel
         Για το Κράτος του Ισραήλ
         For the State of Israel
         Pour l'État d'Israël
         Per lo Stato d'Israele
         Izraēlas Valsts vārdā
         Izraelio Valstybės vardu
         Izrael Állam részéről
         Għall-Istat ta' l-Iżrael
         Voor de Staat Israël
         W imieniu Państwa Izrael
         Pelo Estado de Israel
         Pentru Statul Israel
         Za Izraelský štát
         Za Državo Izrael
         Israelin valtion puolesta
         För Staten Israel

   ANNEX I

      List of agreements referred to in Article 1 of this Agreement

   Air service agreements between Israel and Member States of the European Community as modified or amended which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

               —

               Air Transport Agreement between the Austrian Federal Government and the Government of the State of Israel, done at Jerusalem on 2 August 1963, hereinafter referred to ‘Israel – Austria Agreement’ in Annex II,

               —

               Agreement between the Belgian Government and the Government of Israel for Air Services between and beyond their respective Territories, done at Hakirya on 30 June 1952, hereinafter referred to ‘Israel – Belgium Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the Republic of Bulgaria and the Government of the State of Israel for air services between and beyond their respective territories, done at Sofia on 25 March 1991, hereinafter referred to ‘Israel – Bulgaria Agreement’ in Annex II,

               —

               Air Services Agreement between the Government of the Republic of Cyprus and the Government of the State of Israel, done at Jerusalem on 21 December 1993, hereinafter referred to ‘Israel – Cyprus Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the State of Israel, in respect of which the Czech Republic declared that it considers itself to be bound by the provisions thereof, done at Jerusalem on 24 April 1991, hereinafter referred to ‘Israel – Czech Republic Agreement’ in Annex II,

               —

               Agreement between the Government of the Kingdom of Denmark and the Government of the State of Israel relating to Air Services, done in Jerusalem on 18 April 1977, hereinafter referred to ‘Israel - Denmark Agreement’ in Annex II,

               —

               Air Services Agreement between the Government of the Republic of Finland and the Government of the State of Israel, done at Helsinki on 24 June 1997, hereinafter referred to ‘Israel – Finland Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the Republic of France and the Government of the State of Israel, done at Tel Aviv on 29 April 1952, hereinafter referred to ‘Israel – France Agreement’ in Annex II,

               —

               Air Transport Agreement between the Federal Republic of Germany and the State of Israel, done at Bonn on 12 February 1971, hereinafter referred to ‘Israel – Germany Agreement’ in Annex II,

               —

               Agreement between the Royal Hellenic Government and the Government of the State of Israel on air services between their respective territories, done at Athens on 15 July 1952, hereinafter referred to ‘Israel – Greece Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the Hungarian People's Republic and the Government of the State of Israel, done at Jerusalem on 1 March 1989, hereinafter referred to ‘Israel – Hungary Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the State of Israel and the Government of Ireland, done at Jerusalem on 19 October 1993, hereinafter referred to ‘Israel – Ireland Agreement’ in Annex II,

               —

               Agreement between the Italian Republic and the State of Israel on air services between their respective territories, done at Rome on 18 May 1979, hereinafter referred to ‘Israel – Italy Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the Republic of Latvia and the Government of the State of Israel, done at Jerusalem on 3 November 1993, hereinafter referred to ‘Israel – Latvia Agreement’ in Annex II,

               —

               Air Services Agreement between the Government of the State of Israel and the Government of the Republic of Lithuania, initialled and attached to the Agreed Minutes done at Jerusalem on 20 November 1997, hereinafter referred to ‘Israel – Lithuania Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the State of Israel, done at Luxembourg on 14 June 1994, hereinafter referred to ‘Israel – Luxembourg Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the State of Israel and the Government of Malta, done at Jerusalem on 20 February 1995, hereinafter referred to ‘Israel – Malta Agreement’, in Annex II,

               —

               Air Transport Agreement between the Government of the Netherlands and the Government of Israel, done at Jerusalem on 23 October 1950, hereinafter referred to ‘Israel – Netherlands Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the Republic of Poland and the Government of the State of Israel, done at Warsaw on 27 February 1990, hereinafter referred to ‘Israel – Poland Agreement’ in Annex II,

               —

               Air Transport Agreement between the Republic of Portugal and the State of Israel, done at Lisbon on 8 May 1997, hereinafter referred to ‘Israel – Portugal Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the Socialist Republic of Romania and the Government of the State of Israel, done in Israel on 19 December 1967, hereinafter referred to ‘Israel – Romania Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the Slovak Republic and the Government of the State of Israel, done at Bratislava on 22 August 1994, hereinafter referred to ‘Israel – Slovak Republic Agreement’ in Annex II,

               —

               Air Transport Agreement between the Republic of Slovenia and the State of Israel, done at Ljubljana on 16 June 1993, hereinafter referred to ‘Israel – Slovenia Agreement’ in Annex II,

               —

               Air Transport Agreement between the Kingdom of Spain and the State of Israel, done at Jerusalem on 31 July 1989, hereinafter referred to ‘Israel – Spain Agreement’ in Annex II,

               —

               Agreement between the Government of the Kingdom of Sweden and the Government of the State of Israel relating to Air Services, done at Stockholm on 9 November 1977, hereinafter referred to ‘Israel – Sweden Agreement’ in Annex II,

               —

               Agreement between the State of Israel and the United Kingdom of Great Britain and Northern Ireland concerning air services, signed at London on 24 September 1975, hereinafter referred to as ‘Israel – UK 1975 Agreement’,

               —

               Agreement between the Government of the State of Israel and the Government of the United Kingdom of Great Britain and Northern Ireland concerning air services, done at Tel Aviv on 6 December 2001, hereinafter referred to as ‘Israel – UK 2001 Agreement’.

         ANNEX II

      List of Articles in the agreements listed in Annex Ι and referred to in Articles 2 to 4 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3 of the Israel – Austria Agreement,

                           —

                           Article 3 of the Israel – Belgium Agreement,

                           —

                           Article III of the Israel – Bulgaria Agreement,

                           —

                           Article 4 of the Israel-Cyprus Agreement,

                           —

                           Article III of the Israel – Czech Republic Agreement,

                           —

                           Article 4 of the Israel – Denmark Agreement,

                           —

                           Article 3 of the Israel –Finland Agreement,

                           —

                           Article XIII of the Israel – France Agreement,

                           —

                           Article 3 of the Israel – Germany Agreement,

                           —

                           Article IV of the Israel – Greece Agreement,

                           —

                           Article III of the Israel – Hungary Agreement,

                           —

                           Article III of the Israel – Ireland Agreement,

                           —

                           Article 4 of the Israel – Italy Agreement,

                           —

                           Article 3 of the Israel – Latvia Agreement,

                           —

                           Article III of the Israel – Lithuania Agreement,

                           —

                           Article III of the Israel – Luxembourg Agreement,

                           —

                           Article III of the Israel – Malta Agreement,

                           —

                           Article II of the Israel – The Netherlands Agreement,

                           —

                           Article III of the Israel – Poland Agreement,

                           —

                           Article 3 of the Israel – Portugal Agreement,

                           —

                           Article 3 of the Israel – Romania Agreement,

                           —

                           Article 3 of the Israel – Slovak Republic Agreement,

                           —

                           Article III of the Israel – Slovenia Agreement,

                           —

                           Article III of the Israel – Spain Agreement,

                           —

                           Article 4 of the Israel – Sweden Agreement,

                           —

                           Article 4 of the Israel – UK 1975 Agreement,

                           —

                           Article 4 of the Israel – UK 2001 Agreement.

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 5 of the Israel – Austria Agreement,

                           —

                           Article 4 of the Israel – Belgium Agreement,

                           —

                           Article IV of the Israel – Bulgaria Agreement,

                           —

                           Article 5 of the Israel - Cyprus Agreement,

                           —

                           Article IV of the Israel – Czech Republic Agreement,

                           —

                           Article 4 of the Israel – Denmark Agreement,

                           —

                           Article 4 of the Israel – Finland Agreement,

                           —

                           Article VIII of the Israel – France Agreement,

                           —

                           Article 4 of the Israel – Germany Agreement,

                           —

                           Article IV of the Israel – Greece Agreement,

                           —

                           Article IV of the Israel – Hungary Agreement,

                           —

                           Article IV of the Israel - Ireland Agreement,

                           —

                           Article 5 of the Israel – Italy Agreement,

                           —

                           Article 4 of the Israel – Latvia Agreement,

                           —

                           Article IV of the Israel – Lithuania Agreement,

                           —

                           Article IV of the Israel - Luxembourg Agreement,

                           —

                           Article IV of the Israel - Malta Agreement,

                           —

                           Article VI of the Israel – The Netherlands Agreement,

                           —

                           Article IV of the Israel – Poland Agreement,

                           —

                           Article 4 of the Israel-Portugal Agreement,

                           —

                           Article 4 of the Israel – Romania Agreement,

                           —

                           Article 4 of the Israel – Slovak Republic Agreement,

                           —

                           Article IV of the Israel – Slovenia Agreement,

                           —

                           Article IV of the Israel – Spain Agreement,

                           —

                           Article 4 of the Israel – Sweden Agreement,

                           —

                           Article 4 of the Israel – UK 1975 Agreement,

                           —

                           Article 5 of the Israel – UK 2001 Agreement.

               (c)

               Safety:

                           —

                           Article XIV of the Israel – Bulgaria Agreement,

                           —

                           Article 13 of the Israel – Cyprus Agreement,

                           —

                           Article IX of the Israel – Czech Republic Agreement,

                           —

                           Article 8 of the Israel – Denmark Agreement,

                           —

                           Article 11 of the Israel – Finland Agreement,

                           —

                           Article VIII of the Israel – Greece Agreement,

                           —

                           Article IX of the Israel – Hungary Agreement,

                           —

                           Article IX of the Israel – Ireland Agreement,

                           —

                           Article 12 of the Israel – Italy Agreement,

                           —

                           Article 9 of the Israel – Latvia Agreement,

                           —

                           Article IX of the Israel – Lithuania Agreement,

                           —

                           Article IX of the Israel – Luxembourg Agreement,

                           —

                           Article IX of the Israel – Malta Agreement,

                           —

                           Article IV of the Israel – The Netherlands Agreement,

                           —

                           Article 8 of the Israel - Portugal Agreement,

                           —

                           Article 9 of the Israel – Slovak Republic Agreement,

                           —

                           Article IX of the Israel – Slovenia Agreement,

                           —

                           Article X of the Israel – Spain Agreement,

                           —

                           Article 8 of the Israel – Sweden Agreement,

                           —

                           Article 12 of the Israel – UK 2001 Agreement.

               (d)

               Tariffs for carriage within the European Community:

                           —

                           Article 8 of the Israel – Austria Agreement,

                           —

                           Article 8 of the Israel – Belgium Agreement,

                           —

                           Article IX of the Israel – Bulgaria Agreement,

                           —

                           Article 17 of the Israel – Cyprus Agreement,

                           —

                           Article VI of the Israel – Czech Republic Agreement,

                           —

                           Article 10 of the Israel – Denmark Agreement,

                           —

                           Article 10 of the Israel – Finland Agreement,

                           —

                           Article XVII of the Israel – France Agreement,

                           —

                           Article 9 of the Israel – Germany Agreement,

                           —

                           Article VI of the Israel – Greece Agreement,

                           —

                           Article VI of the Israel – Hungary Agreement,

                           —

                           Article VI of the Israel – Ireland Agreement,

                           —

                           Article 8 of the Israel – Italy Agreement,

                           —

                           Article 6 of the Israel – Latvia Agreement,

                           —

                           Article VI of the Israel – Lithuania Agreement,

                           —

                           Article VI of the Israel – Luxembourg Agreement,

                           —

                           Article VI of the Israel – Malta Agreement,

                           —

                           Paragraph 7 of the Annex to the Israel – The Netherlands Agreement,

                           —

                           Article VI of the Israel – Poland Agreement,

                           —

                           Article 16 of the Israel – Portugal Agreement,

                           —

                           Article 7 of the Israel – Romania Agreement,

                           —

                           Article 6 of the Israel – Slovak Republic Agreement,

                           —

                           Article VI of the Israel – Slovenia Agreement,

                           —

                           Article VI of the Israel – Spain Agreement,

                           —

                           Article 10 of the Israel – Sweden Agreement,

                           —

                           Article 8 of the Israel – UK 1975 Agreement,

                           —

                           Article 8 of the Israel – UK 2001 Agreement.

         ANNEX III

      List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


title: Council Decision (CFSP) 2017/1339 of 17 July 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

text:
               18.7.2017

               EN

               Official Journal of the European Union

               L 185/51

         COUNCIL DECISION (CFSP) 2017/1339
   of 17 July 2017
   amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (1), and in particular Article 33 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 May 2016, the Council adopted Decision (CFSP) 2016/849.

               (2)

               In accordance with Article 33(1) of Decision (CFSP) 2016/849, the Council shall implement modifications to Annex I thereto on the basis of the determination made by the United Nations Security Council (‘UNSC’) or by the Sanctions Committee.

               (3)

               On 5 June 2017, the UNSC Committee established pursuant to United Nations Security Council Resolution 1718 (2006) amended the entries for two entities subject to restrictive measures.

               (4)

               On 2 June 2017, the UNSC added 14 persons and four entities to the list of persons and entities subject to restrictive measures. Those persons and entities have accordingly been added to Annex I to Decision (CFSP) 2016/849 by means of Council Implementing Decision (CFSP) 2017/975 (2). Some of those persons and entities should therefore be removed from Annex II to Decision (CFSP) 2016/849 as they are now designated under Annex I.

               (5)

               Annexes I and II to Decision (CFSP) 2016/849 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Annex I to Decision (CFSP) 2016/849 is hereby amended as set out in Annex I to this Decision.
   Article 2
   Annex II to Decision (CFSP) 2016/849 is hereby amended as set out in Annex II to this Decision.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 17 July 2017.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 141, 28.5.2016, p. 79.

      (2)  Council Implementing Decision (CFSP) 2017/975 of 8 June 2017 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea (OJ L 146, 9.6.2017, p. 145).

      ANNEX I
      In Annex I to Decision (CFSP) 2016/849 the entries for the persons and entities mentioned below are replaced as follows:
      A.   Persons

                     Name

                     Alias

                     Date of birth

                     Date of UN designation

                     Statement of reasons

                     ‘2.

                     Ri Je-Son

                     Korean name:

                        ;
                     Chinese name:

                     a.k.a. Ri Che Son

                     1938

                     16.7.2009

                     Minister of Atomic Energy Industry since April 2014. Former Director of the General Bureau of Atomic Energy (GBAE), chief agency directing DPRK's nuclear programme; facilitated several nuclear endeavours including GBAE's management of Yongbyon Nuclear Research Centre and Namchongang Trading Corporation.’

      B.   Entities

                     Name

                     Alias

                     location

                     Date of UN designation

                     Other information

                     ‘4.

                     Namchongang Trading Corporation

                     a) NCG, b) NAMCHONGANG TRADING, c) NAM CHON GANG CORPORATION, d) NOMCHONGANG TRADING CO., e) NAM CHONG GAN TRADING CORPORATION, f) Namhung Trading Corporation, g) Korea Daeryonggang Trading Corporation, h) Korea Tearyonggang Trading Corporation

                     a) Pyongyang, Democratic People's Republic of Korea, b) Sengujadong 11-2/(or Kwangbok-dong), Mangyongdae District, Pyongyang, Democratic People's Republic of Korea

                     16.7.2009

                     Namchongang is a DPRK trading company subordinate to the General Bureau of Atomic Energy (GBAE). Namchongang has been involved in the procurement of Japanese origin vacuum pumps that were identified at a DPRK nuclear facility, as well as nuclear-related procurement associated with a German individual. It has further been involved in the purchase of aluminum tubes and other equipment specifically suitable for a uranium enrichment program from the late 1990s. Its representative is a former diplomat who served as DPRK's representative for the IAEA inspection of the Yongbyon nuclear facilities in 2007. Namchongang's proliferation activities are of grave concern given the DPRK's past proliferation activities. Telephone numbers: +850-2-18111, 18222 (ext. 8573). Facsimile number: +850-2-381-4687.

                     15.

                     Green Pine Associated Corporation

                     a) Cho'ngsong United Trading Company; b) Chongsong Yonhap; c) Ch'o'ngsong Yo'nhap; d) Chosun Chawo'n Kaebal T'uja Hoesa; e) Jindallae; f) Ku'm-haeryong Company LTD; g) Natural Resources Development and Investment Corporation; h) Saeingp'il Company; i) National Resources Development and Investment Corporation; j) Saeng Pil Trading Corporation

                     a) c/o Reconnaissance General Bureau Headquarters, Hyongjesan-Guyok, Pyongyang, Democratic People's Republic of Korea; b) Nungrado, Pyongyang, Democratic People's Republic of Korea; c) Rakrang No 1 Rakrang District Pyongyang Korea, Chilgol-1 dong, Mangyongdae District, Pyongyang, Democratic People's Republic of Korea

                     2.5.2012

                     Green Pine Associated Corporation (‘Green Pine’) has taken over many of the activities of the Korea Mining Development Trading Corporation (KOMID). KOMID was designated by the Committee in April 2009 and is the DPRK's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. Green Pine is also responsible for approximately half of the arms and related materiel exported by the DPRK. Green Pine has been identified for sanctions for exporting arms or related material from North Korea. Green Pine specializes in the production of maritime military craft and armaments, such as submarines, military boats and missile systems, and has exported torpedoes and technical assistance to Iranian defence-related firms. Telephone number: +850-2-18111 (ext. 8327). Facsimile number: +850-2-3814685 and +850-2-3813372. Email addresses: pac@silibank.com and kndic@co.chesin.com.

                     46.

                     Strategic Rocket Force of the Korean People's Army

                     Strategic Rocket Force; Strategic Rocket Force Command of KPA; Strategic Force; Strategic Forces

                     Pyongyang, DPRK

                     2.6.2017

                     The Strategic Rocket Force of the Korean People's Army is in charge of all DPRK ballistic missile programs and is responsible for SCUD and NODONG launches.’

      ANNEX II
      In Annex II to Decision (CFSP) 2016/849 the entries for the persons and entities listed below are deleted:

                  I.

                  Persons and entities responsible for the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them.
                  A.   Persons

                                 ‘6.

                                 PAEK Se-bong

                                 12.

                                 PAK To-Chun’

                  B   Entities

                                 ‘7.

                                 Strategic Rocket Forces’


title: 2005/570/: Council Decision of 24 June 2005 appointing two German members and two German alternate members of the Committee of the Regions

text:
               23.7.2005

               EN

               Official Journal of the European Union

               L 193/29

      COUNCIL DECISION

   of 24 June 2005
   appointing two German members and two German alternate members of the Committee of the Regions
   (2005/570/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the German Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted Decision 2002/60/EC (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2002 to 25 January 2006.

               (2)

               Two members’ seats on the Committee of the Regions have become vacant following expiry of the mandates of Mr Stanislaw TILLICH and Ms Ulrike RODUST and two alternate members’ seats on the Committee of the Regions have become vacant following expiry of the mandates of Mr Volker SCHIMPFF and Ms Heide SIMONIS,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the term of office still to run, namely until 25 January 2006:

               (a)

               as members:

                           Mr Uwe DÖRING
                           Minister für Justiz, Arbeit und Europa des Landes Schleswig-Holstein
                           to replace Ms Ulrike RODUST;

                           Mr Hermann WINKLER
                           Sächsischer Staatsminister und Chef der Staatskanzlei,
                           Mitglied des Sächsischen Landtages
                           to replace Mr Stanislaw TILLICH;

               (b)

               as alternate members:

                           Mr Peter Harry CARSTENSEN
                           Ministerpräsident des Landes Schleswig-Holstein
                           to replace Ms Heide SIMONIS;

                           Mr Georg MILBRADT
                           Ministerpräsident des Freistaates Sachsen,
                           Mitglied des Sächsischen Landtages
                           to replace Mr Volker SCHIMPFF.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the day of its adoption.

      Done at Luxembourg, 24 June 2005.

            For the Council

            The President

         L. LUX

      (1)  OJ L 24, 26.1.2002, p. 38.


title: 2014/720/EU: Council Decision of 13 October 2014 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement on the accession of Montenegro to the Revised Agreement on Government Procurement

text:
               18.10.2014

               EN

               Official Journal of the European Union

               L 300/51

         COUNCIL DECISION
   of 13 October 2014
   establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement on the accession of Montenegro to the Revised Agreement on Government Procurement

      (2014/720/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 4 November 2013, Montenegro applied for accession to the Revised Agreement on Government Procurement (‘the Revised GPA’).

               (2)

               Montenegro's commitments on coverage are laid down in its final offer, as submitted to the Parties to the Revised GPA on 18 July 2014.

               (3)

               Montenegro's final offer mirrors the Union's coverage schedule in Appendix I to the Revised GPA. Therefore, it is satisfactory and acceptable. The terms of Montenegro's accession, as reflected in the Annex to this Decision, will be reflected in the decision adopted by the Committee on Government Procurement (‘the GPA Committee’) on Montenegro's accession.

               (4)

               Montenegro's accession to the Revised GPA is expected to make a positive contribution to further international opening of public procurement markets.

               (5)

               Article XXII(2) of the Revised GPA provides that any Member of the WTO may accede to the Revised GPA on terms to be agreed between that Member and the Parties, with such terms stated in a decision of the GPA Committee.

               (6)

               Accordingly, it is necessary to establish the position to be taken on the Union's behalf within the GPA Committee in relation to the accession of Montenegro,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on the Union's behalf within the Committee on Government Procurement shall be to approve the accession of Montenegro to the Revised Agreement on Government Procurement, subject to specific terms of accession set out in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 13 October 2014.

            For the Council

            The President

         M. MARTINA

      ANNEX
      EU TERMS OF MONTENEGRO'S ACCESSION TO THE REVISED GPA (1)

      Upon Montenegro's accession to the Revised GPA, point 2 of section 2 (The Central Government contracting authorities of the EU Member States) of Annex 1 to Appendix I for the European Union shall read as follows:

                     ‘2.

                     For the goods, services, suppliers and service providers of Israel and Montenegro, procurement by the following central government contracting authorities.’

      Upon Montenegro's accession to the Revised GPA, section 2 of Annex 6 shall read as follows:

                     ‘2.

                     Works concessions contracts, when awarded by Annex 1 and 2 entities, are included under the national treatment regime for the construction service providers of Iceland, Liechtenstein, Norway, the Netherlands on behalf of Aruba, Switzerland and Montenegro, provided their value equals or exceeds 5 000 000 SDR and for the construction service providers of Korea; provided their value equals or exceeds 15 000 000 SDR.’

         (1)  The numbering of the coverage Schedules of the Parties to the Revised GPA has been changed by the WTO secretariat in agreement with the Parties to the Revised GPA. The numbering used in this Annex corresponds to the numbering of the latest true certified copy of coverage schedules of the Parties to the Revised GPA, which has been transmitted by the WTO to the Parties to the Revised GPA by way of official notification and is available at http://www.wto.org/english/tratop_e/gproc_e/gp_app_agree_e.htm#revisedGPA. The numbering of the coverage schedules of the Parties to the Revised GPA published in OJ L 68, 7.3.2014, p. 2 is obsolete.


title: Council Decision of 14 September 2015 renewing the Governing Board of the European Centre for the Development of Vocational Training

text:
               16.9.2015

               EN

               Official Journal of the European Union

               C 305/2

         COUNCIL DECISION
   of 14 September 2015
   renewing the Governing Board of the European Centre for the Development of Vocational Training
   (2015/C 305/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the two nominees submitted to the Council by the Commission as regards the employers' representatives,
   Whereas:

               (1)

               By its Decision of 14 July 2015 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2015 to 17 September 2018. However this Decision did not include all of the members to be appointed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following persons are hereby appointed members of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2018:
   REPRESENTATIVES OF THE EMPLOYERS' ORGANISATIONS:

               CROATIA

               Mr Ivica ZELIĆ

               MALTA

               Mr Mario SPITERI

         Article 2
   This Decision shall be published, for information, in the Official Journal of the European Union.

      Done at Brussels, 14 September 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 232, 16.7.2015, p. 2.


title: 2005/688/EC: Council Decision of 3 October 2005 appointing an alternate member of the Committee of the Regions

text:
               7.10.2005

               EN

               Official Journal of the European Union

               L 261/28

      COUNCIL DECISION

   of 3 October 2005
   appointing an alternate member of the Committee of the Regions
   (2005/688/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Netherlands Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January 2006 (1).

               (2)

               A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr G.B.M. LEERS,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr C.H.J. LAMERS,
   Burgemeester van Houten,
   is hereby appointed an alternate member of the Committee of the Regions in place of Mr G.B.M. LEERS for the remainder of the latter’s term of office, which runs until 25 January 2006.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Luxembourg, 3 October 2005.

            For the Council

            The President

         D. ALEXANDER

      (1)  OJ L 24, 26.1.2002, p. 38.


title: 2014/646/CFSP: Political and Security Committee Decision EUFOR RCA/5/2014 of 24 July 2014 on the acceptance of third States' contributions to the European Union military operation in the Central African Republic (EUFOR RCA)

text:
               6.9.2014

               EN

               Official Journal of the European Union

               L 267/8

         POLITICAL AND SECURITY COMMITTEE DECISION EUFOR RCA/5/2014
   of 24 July 2014
   on the acceptance of third States' contributions to the European Union military operation in the Central African Republic (EUFOR RCA)

      (2014/646/CFSP)

   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2014/73/CFSP of 10 February 2014 on a European Union military operation in the Central African Republic (EUFOR RCA) (1), and in particular Article 8(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 8(2) of Decision 2014/73/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on acceptance of proposed contributions by third States.

               (2)

               Following the recommendation on a contribution from Serbia by the EUFOR RCA Operation Commander and the advice from the European Union Military Committee, the contribution from Serbia should be accepted.

               (3)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The contribution from Serbia to the European Union military operation in the Central African Republic (EUFOR RCA) is accepted and is considered to be significant.
   2.   Serbia is exempted from financial contributions to the budget of EUFOR RCA.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 24 July 2014.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 40, 11.2.2014, p. 59.


title: Council Decision 2013/515/CFSP of 21 October 2013 amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea

text:
               22.10.2013

               EN

               Official Journal of the European Union

               L 280/25

         COUNCIL DECISION 2013/515/CFSP
   of 21 October 2013
   amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 25 October 2010, the Council adopted Decision 2010/638/CFSP (1).

               (2)

               On the basis of a review of Decision 2010/638/CFSP, the restrictive measures should be extended until 27 October 2014.

               (3)

               Decision 2010/638/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 8 of Decision 2010/638/CFSP, paragraph 2 is replaced by the following:

      ‘2.   This Decision shall apply until 27 October 2014. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.

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

      Done at Luxembourg, 21 October 2013.

            For the Council

            The President

         C. ASHTON

      (1)  Council Decision 2010/638/CFSP of 25 October 2010 concerning restrictive measures against the Republic of Guinea (OJ L 280, 26.10.2010, p. 10).


Avis juridique important

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41992D0285

92/285/ECSC: Decision of the representatives of the Governments of the Member States meeting within the Council of 1 June 1992 prohibiting trade between the European Coal and Steel Community and the Republics of Serbia and Montenegro

Official Journal L 151 , 03/06/1992 P. 0020 - 0021

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL  of 1 June 1992  prohibiting trade between the European Coal and Steel Community and the Republics of Serbia and Montenegro  (92/285/ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL  Whereas the Community and its Member States have decided to recognize the independence of the Republic of Bosnia-Herzegovina as of 7 April 1992;  Whereas this Republic has become a Member of the United Nations as of 23 May 1992;  Whereas the prolonged direct and indirect activities of the Republics of Serbia and Montenegro in and with regard to the Republic of Bosnia-Herzegovina are the main cause for the dramatic developments in the Republic of Bosnia-Herzegovina;  Whereas a continuation of these activities will lead to further unacceptable loss of human life and material damage, and to a breach of international peace and security in the region;  Whereas the United Nations Security Council, in its Resolution 752 (1992), has expressed its serious concern about the rapid and violent deterioration of the situation in the Republic of Bosnia-Herzegovina;  Whereas the President of the Republic of Bosnia-Herzegovina has asked the international community to assist his country against the intervention of the Republics of Serbia and Montenegro in the internal affairs of the Republic of Bosnia-Herzegovina;  Whereas the Community and its Member States, meeting within the framework of political cooperation, have decided that measures have to be taken to dissuade the Republics of Serbia and Montenegro from further violating the integrity and security of the  Republic of Bosnia-Herzegovina and to induce them to cooperate in the restoration of peace and dialogue in the region;  Whereas the United Nations Security Council, acting under Chapter VII of the Charter of the United Nations, has adopted Resolution 757 (1992) establishing an economic embargo of the Republics of Serbia and Montenegro;  Whereas under these conditions the Community's economic relations with the Republics of Serbia and Montenegro must be halted;  Whereas the Community and its Member States have agreed to have recourse to a Community instrument, inter alia in order to ensure an uniform implementation throughout the Community of certain of these measures,  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  As from 31 May 1992, the following shall be prohibited:  (a) the introduction into the territory of the Community of all commodities and products covered by the ECSC Treaty originating in or coming from the Republics of Serbia and Montenegro;  (b) the export to the Republics of Serbia and Montenegro of all commodities and products covered by the said Treaty originating in or coming from that Community;  (c) any activity whose object of effect it is to promote directly or indirectly, the transactions under (a) and (b).  Article 2  The prohibitions of Article 1 shall not apply to:  (a) the introduction into the territory of the Community of commodities and products covered by the ECSC Treaty originating in or coming from the Republics of Serbia and Montenegro and exported from these Republics before 31 May 1992;  (b) any activity whose object or effect it is to promote directly or indirectly the transactions under (a);  (c) the transhipment through the Republics of Serbia and Montenegro of products originating outside the Republics of Serbia and Montenegro and temporarily present in the territory of those Republics only for the purpose of such transhipment, in  accordance with the guidelines approved by the Committee established by United Nations Security Council Resolution 724 (1991);  (d) to activities related to Unprofor, to the Conference on Yugoslavia or to the European Community Monitor Mission.  Article 3  Article 1 shall apply, notwithstanding any rights or obligations conferred or imposed by any international agreement or any contract entered into or any licence or permit granted before 31 May 1992.  Article 4  This Decision shall apply within the territory of the Community, including its airspace, and in any aircraft or vessel under the jurisdiction of a Member State, and to any person elsewhere who is a national of a Member State and any body  elsewhere which is incorporated or constituted under the law of a Member State.  Article 5  Each Member State shall determine the sanctions to be imposed where the provisions of this Decision are infringed.  Article 6  This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities. Done at Brussels, 1 June 1992. The President  Joao PINHEIRO


Avis juridique important

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32002D0801

2002/801/EC: Council Decision of 8 October 2002 amending Decision 98/509/EC on the conclusion of an Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand

Official Journal L 278 , 16/10/2002 P. 0020 - 0020

Council Decisionof 8 October 2002amending Decision 98/509/EC on the conclusion of an Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand(2002/801/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, first sentence, and Article 300(3), first subparagraph, first sentence, and (4) thereof,Having regard to the proposal from the Commission,Whereas:In order to ensure the efficient operation of the Agreement on mutual recognition in relation to conformity assessment between the European Community and New Zealand(1) (hereinafter referred to as the "Agreement") it is necessary to amend Decision 98/509/EC(2) in order to empower the Commission to take all necessary measures for the operation of the Agreement,HAS DECIDED AS FOLLOWS:Sole ArticleArticle 3 of Decision 98/509/EC shall be replaced by the following: "Article 31. The Commission shall represent the Community in the Joint Committee provided for in Article 12 of the Agreement, assisted by the special Committee designated by the Council. The Commission shall proceed, after consultation with this special Committee, to the appointments, notifications, exchanges of information and requests for information specified in the Agreement.2. The position of the Community in the Joint Committee shall be determined by the Commission, following consultation of the special Committee referred to in paragraph 1."Done at Luxembourg, 8 October 2002.For the CouncilThe PresidentT. Pedersen(1) OJ L 229, 17.8.1998, p. 62.(2) OJ L 229, 17.8.1998, p. 61.


title: 2010/706/EU: Council Decision of 3 June 2010 on the signing, on behalf of the European Union, of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas

text:
               24.11.2010

               EN

               Official Journal of the European Union

               L 308/1

      COUNCIL DECISION

   of 3 June 2010
   on the signing, on behalf of the European Union, of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas
   (2010/706/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(a), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 27 November 2008 the Council authorised the Commission to open negotiations with Georgia on an agreement between the European Union and Georgia on the facilitation of the issuance of visas (hereinafter referred to as the ‘Agreement’). The negotiations were successfully concluded and the Agreement was initialled on 25 November 2009.

               (2)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (1); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (3)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (2); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (4)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (5)

               The Agreement should be signed subject to its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas (hereinafter referred to as the ‘Agreement’) is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement (3).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 3 June 2010.

            For the Council

            The President

         A. PÉREZ RUBALCABA

      (1)  OJ L 131, 1.6.2000, p. 43.

      (2)  OJ L 64, 7.3.2002, p. 20.

      (3)  The texts of the Agreement, the Protocol and the Declarations will be published together with the decision on the conclusion of the Agreement.