title: 2007/868/EC: Council Decision of 20 December 2007 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2007/445/EC

text:
               22.12.2007

               EN

               Official Journal of the European Union

               L 340/100

      COUNCIL DECISION

   of 20 December 2007
   implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2007/445/EC
   (2007/868/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,
   Whereas:

               (1)

               On 28 June 2007, the Council adopted Decision 2007/445/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (2), and establishing an updated list of persons and entities to which that Regulation applies.

               (2)

               The Council has provided all the persons, groups and entities for which this was practically possible with statements of reasons explaining the reasons why they have been listed in Decision 2007/445/EC.

               (3)

               By way of a notice published in the Official Journal of the European Union on 29 June 2007 (3), the Council informed the persons, groups and entities listed in Decision 2007/445/EC that it had decided to maintain them on the list. The Council also informed the persons, groups and entities concerned that it was possible to request the Council’s statement of reasons for including them on the list (where this had not already been communicated to them).

               (4)

               The Council has carried out a complete review of the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies, as required by Article 2(3) of that Regulation. In this regard, it has taken account of observations submitted to the Council by those concerned.

               (5)

               Following this review, the Council has concluded that the persons, groups and entities listed in the Annex to this Decision have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (4), that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

               (6)

               The list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be updated accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be replaced by the list contained in the Annex hereto.
   Article 2
   Decision 2007/445/EC is hereby repealed.
   Article 3
   This Decision shall take effect on the day of its publication.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 20 December 2007.

            For the Council

            The President

         F. NUNES CORREIA

      (1)  OJ L 344, 28.12.2001, p. 70. Regulation as last amended by Decision 2007/445/EC (OJ L 169, 29.6.2007, p. 58).

      (2)  OJ L 169, 29.6.2007, p. 58.

      (3)  OJ C 144, 29.6.2007, p. 1.

      (4)  OJ L 344, 28.12.2001, p. 93.

      ANNEX
      List of persons, groups and entities referred to in Article 1
      1.   PERSONS

                  1.

                  ABOU, Rabah Naami (a.k.a. Naami Hamza, a.k.a. Mihoubi Faycal, a.k.a. Fellah Ahmed, a.k.a. Dafri Rèmi Lahdi), born 1.2.1966 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  2.

                  ABOUD, Maisi (a.k.a. The Swiss Abderrahmane), born 17.10.1964 in Algiers (Algeria), – member of ‘al-Takfir’ and ‘al-Hijra’

                  3.

                  AKHNIKH, Ismail (a.k.a. SUHAIB, a.k.a. SOHAIB), born 22.10.1982 in Amsterdam (The Netherlands), passport (The Netherlands) No. NB0322935, –member of the ‘Hofstadgroep’

                  4.

                  AL-MUGHASSIL, Ahmad Ibrahim (a.k.a. ABU OMRAN, a.k.a. AL-MUGHASSIL, Ahmed Ibrahim), born 26.6.1967 in Qatif-Bab al Shamal (Saudi Arabia), citizen of Saudi Arabia

                  5.

                  AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia

                  6.

                  AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia

                  7.

                  AOURAGHE, Zine Labidine (a.k.a. Halifi Laarbi MOHAMED, a.k.a. Abed, a.k.a. Abid, a.k.a. Abu ISMAIL), born 18.7.1978 in Nador (Morocco), passport (Spain) No. ESPP278036 – member of the ‘Hofstadgroep’

                  8.

                  ARIOUA, Azzedine, born 20.11.1960 in Costantine (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  9.

                  ARIOUA, Kamel (a.k.a. Lamine Kamel), born 18.8.1969 in Costantine (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  10.

                  ASLI, Mohamed (a.k.a. Dahmane Mohamed), born 13.5.1975 in Ain Taya (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  11.

                  ASLI, Rabah, born 13.5.1975 in Ain Taya (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  12.

                  ATWA, Ali (a.k.a. BOUSLIM, Ammar Mansour, a.k.a. SALIM, Hassan Rostom), Lebanon, born 1960 in Lebanon, citizen of Lebanon

                  13.

                  BOUGHABA, Mohamed Fahmi (a.k.a. Mohammed Fahmi BOURABA, a.k.a. Mohammed Fahmi BURADA, a.k.a. Abu MOSAB), born 6.12.1981 in Al Hoceima (Morocco) – member of the ‘Hofstadgroep’

                  14.

                  BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) – member of the ‘Hofstadgroep’

                  15.

                  DARIB, Noureddine (a.k.a. Carreto, a.k.a. Zitoun Mourad), born 1.2.1972 in Algeria – member of ‘al-Takfir’ and ‘al-Hijra’

                  16.

                  DJABALI, Abderrahmane (a.k.a. Touil), born 1.6.1970 in Algeria – member of ‘al-Takfir’ and ‘al-Hijra’

                  17.

                  EL FATMI, Nouredine (a.k.a. Nouriddin EL FATMI, a.k.a. Nouriddine EL FATMI, a.k.a. Noureddine EL FATMI, a.k.a. Abu AL KA'E KA'E, a.k.a. Abu QAE QAE, a.k.a. FOUAD, a.k.a. FZAD, a.k.a. Nabil EL FATMI, a.k.a. Ben MOHAMMED, a.k.a. Ben Mohand BEN LARBI, a.k.a. Ben Driss Muhand IBN LARBI, a.k.a. Abu TAHAR, a.k.a. EGGIE), born 15.8.1982 in Midar (Morocco), passport (Morocco) No. N829139 – member of the ‘Hofstadgroep’

                  18.

                  EL-HOORIE, Ali Saed Bin Ali (a.k.a. AL-HOURI, Ali Saed Bin Ali, a.k.a EL-HOURI, Ali Saed Bin Ali), born 10.7.1965 or 11.7.1965 in El Dibabiya (Saudi Arabia), citizen of Saudi Arabia

                  19.

                  EL MORABIT, Mohamed, born 24.1.1981 in Al Hoceima (Morocco), passport (Morocco) No. K789742 – member of the ‘Hofstadgroep’

                  20.

                  ETTOUMI, Youssef (a.k.a. Youssef TOUMI), born 20.10.1977 in Amsterdam (The Netherlands), ID-card (The Netherlands) No. LNB4576246 – member of the ‘Hofstadgroep’

                  21.

                  FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  22.

                  HAMDI, Ahmed (a.k.a. Abu IBRAHIM), born 5.9.1978 in Beni Said (Morocco), passport (Morocco) No. K728658 – member of the ‘Hofstadgroep’

                  23.

                  IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon

                  24.

                  LASSASSI, Saber (a.k.a. Mimiche), born 30.11.1970 in Constantine (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  25.

                  MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555

                  26.

                  MOKTARI, Fateh (a.k.a. Ferdi Omar), born 26.12.1974 in Hussein Dey (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  27.

                  MUGHNIYAH, Imad Fa'iz (a.k.a. MUGHNIYAH, Imad Fayiz), born 7.12.1962 in Tayr Dibba (Lebanon), passport (Lebanon) No 432298 – Senior Intelligence Officer of ‘HIZBALLAH’

                  28.

                  NOUARA, Farid, born 25.11.1973 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  29.

                  RESSOUS, Hoari (a.k.a. Hallasa Farid), born 11.9.1968 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  30.

                  SEDKAOUI, Noureddine (a.k.a. Nounou), born 23.6.1963 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  31.

                  SELMANI, Abdelghani (a.k.a. Gano), born 14.6.1974 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  32.

                  SENOUCI, Sofiane, born 15.4.1971 in Hussein Dey (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  33.

                  SISON, Jose Maria (a.k.a. Armando Liwanag, a.k.a. Joma), born 8.2.1939 in Cabugao (Philippines) – person in charge of the ‘Communist Party of the Philippines’, including ‘NPA’

                  34.

                  TINGUALI, Mohammed (a.k.a. Mouh di Kouba), born 21.4.1964 in Blida (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  35.

                  WALTERS, Jason Theodore James (a.k.a. Abdullah, a.k.a. David), born 6.3.1985 in Amersfoort (The Netherlands), passport (The Netherlands) No. NE8146378 – member of the ‘Hofstadgroep’

            2.   GROUPS AND ENTITIES

                  1.

                  ‘Abu Nidal Organisation’ – ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’)

                  2.

                  ‘Al-Aqsa Martyrs' Brigade’

                  3.

                  ‘Al-Aqsa e.V.’

                  4.

                  ‘Al-Takfir’ and ‘Al-Hijra’

                  5.

                  ‘Aum Shinrikyo’ (a.k.a. ‘AUM’, a.k.a. ‘Aum Supreme Truth’, a.k.a. ‘Aleph’)

                  6.

                  ‘Babbar Khalsa’

                  7.

                  ‘Communist Party of the Philippines’, including ‘New Peoples Army’ – ‘NPA’, Philippines, linked to Sison Jose Maria (a.k.a. Armando Liwanag, a.k.a. Joma, the person in charge of the ‘Communist Party of the Philippines’, including ‘NPA’)

                  8.

                  ‘Gama'a al-Islamiyya’ (a.k.a. ‘Al-Gama'a al-Islamiyya’) (‘Islamic Group’ – ‘IG’)

                  9.

                  ‘İslami Büyük Doğu Akıncılar Cephesi’ – ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’)

                  10.

                  ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’

                  11.

                  ‘Hizbul Mujahideen’ – ‘HM’

                  12.

                  ‘Hofstadgroep’

                  13.

                  ‘Holy Land Foundation for Relief and Development’

                  14.

                  ‘International Sikh Youth Federation’ – ‘ISYF’

                  15.

                  ‘Kahane Chai’ (a.k.a. ‘Kach’)

                  16.

                  ‘Khalistan Zindabad Force’ – ‘KZF’

                  17.

                  ‘Kurdistan Workers' Party’ – ‘PKK’, (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’)

                  18.

                  ‘Liberation Tigers of Tamil Eelam’ – ‘LTTE’

                  19.

                  ‘Mujahedin-e Khalq Organisation’ – ‘MEK’ or ‘MKO’, excluding the ‘National Council of Resistance of Iran’ – ‘NCRI’ (a.k.a. ‘The National Liberation Army of Iran’ –‘NLA’ (the militant wing of the ‘MEK’), a.k.a. the ‘People's Mujahidin of Iran’ – ‘PMOI’, a.k.a. ‘Muslim Iranian Student's Society’)

                  20.

                  ‘Ejército de Liberación Nacional’ (‘National Liberation Army’)

                  21.

                  ‘Palestine Liberation Front’ – ‘PLF’

                  22.

                  ‘Palestinian Islamic Jihad’ – ‘PIJ’

                  23.

                  ‘Popular Front for the Liberation of Palestine’ – ‘PFLP’

                  24.

                  ‘Popular Front for the Liberation of Palestine – General Command’ (a.k.a. ‘PFLP – General Command’)

                  25.

                  ‘Fuerzas armadas revolucionarias de Colombia’ – ‘FARC’ (‘Revolutionary Armed Forces of Colombia’)

                  26.

                  ‘Devrimci Halk Kurtuluș Partisi-Cephesi’ – ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People's Liberation Army/Front/Party’)

                  27.

                  ‘Sendero Luminoso’ – ‘SL’ (‘Shining Path’)

                  28.

                  ‘Stichting Al Aqsa’ (a.k.a. ‘Stichting Al Aqsa Nederland’, a.k.a. ‘Al Aqsa Nederland’)

                  29.

                  ‘Teyrbazen Azadiya Kurdistan’ – ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’)

                  30.

                  ‘Autodefensas Unidas de Colombia’ – ‘AUC’ (‘United Self-Defense Forces/Group of Colombia’)


title: 2014/576/EU: Decision of the European Parliament of 3 April 2014 on the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/200

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2012
   (2014/576/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Centre for Disease Prevention and Control for the financial year 2012, together with the Centre’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 - C7-0054/2014),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (4), and in particular Article 23 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0224/2014),

               1.

               Approves the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2012;

               2.

               Instructs its President to forward this Decision to the Director of the European Centre for Disease Prevention and Control, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 89.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 142, 30.4.2004, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.

      (6)  OJ L 328, 7.12.2013, p. 42.


title: Addendum to POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/3/2009 of 21 April 2009 on the setting up of the Committee of Contributors for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (2009/369/CFSP) ( OJ L 112, 6.5.2009 )

text:
               14.5.2009

               EN

               Official Journal of the European Union

               L 119/40

      ADDENDUM

   to POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/3/2009 of 21 April 2009 on the setting up of the Committee of Contributors for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (2009/369/CFSP)
   (Official Journal of the European Union L 112 of 6 May 2009)
   The following Annex shall be added to Political and Security Committee Decision Atalanta/3/2009 of 21 April 2009:

         ‘ANNEX

            LIST OF THIRD STATES REFERRED TO IN ARTICLE 2 (1)

                     —

                     Norway’


Avis juridique important

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31989D0332

89/332/EEC: Council Decision of 13 March 1989 on the conclusion of the Second Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 136 , 19/05/1989 P. 0017 - 0017

COUNCIL DECISION of 13 March 1989 on the conclusion of the Second Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden consequent on the accession of the Kingdom of Spain and the Portuguese  Republic to the Community(89/332/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas, under Regulation (EEC) No 839/88(1), the collection of customs duties applicable by the Community of Ten to certain products imported from Spain and Portugal was totally supended once they fell to the level of 2 % or less;  Whereas it is necessary to conclude a Second Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden(2), signed in Brussels on 22 July 1972, in order to provide for the total suspension of duties on  products covered by the Agreement imported into Sweden from Spain, when such duties fall to 2 % or less,   HAS DECIDED AS FOLLOWS:  Article 1  The Second Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden 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 3 of the Protocol(3).  Article 3  This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.   Done at Brussels, 13 March 1989.  For the CouncilThe PresidentC. SOLCHAGA CATALAN  (1)OJ No L 87, 31. 3. 1988, p. 1.  (2)OJ No L 300, 31. 12. 1972, p. 97.  (3)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.


Avis juridique important

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E1994C0336

EFTA SURVEILLANCE AUTHORITY DECISION No 336/94/COL of 30 December 1994 on the exclusive rights to amusement machine operations in Finland

Official Journal L 383 , 31/12/1994 P. 0053 - 0056

EFTA SURVEILLANCE AUTHORITY DECISION No 336/94/COL of 30 December 1994 on the exclusive rights to amusement machine operations in Finland THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area (hereinafter referred to as 'the EEA Agreement'), and in particular Article 59 (1) and (3) thereof,Having regard to Article 5 (2) of the Agreement of the EFTA States Establishing a Surveillance Authority and a Court of Justice (hereinafter referred to as the Surveillance and Court Agreement),Having given the Finnish Government and the undertaking Raha-automaattiyhdistys (Penningautomatföreningen; hereinafter referred to as 'RAY') the opportunity to submit their observations on the matter,WHEREAS:I. FACTS AND PROCEDURE (1) In Section I of the Finnish Act of 27 May 1976, on amusement machines (laki ajanvieteautomaateista, 426/76, hereinafter referred to as 'the Act on Amusement Machines') on amusement machine is defined as a machine or other gaming device kept available for the use of the public against remuneration where the player cannot win prizes in cash, goods or other material benefit worth money.Section 2, paragraph 1, of the Act provides that permission to keep an amusement machine within the meaning of Section 1 of the Act for the use of the public can be granted solely to the public-law association referred to in the Act of 1 September 1965 on lotteries (arpajaislaki, 491/65; hereinafter referred to as 'the Act on Lotteries') to operate gaming machine activities in order to procure money to the activities which are the purpose of the association. Pursuant to Section 2, paragraph 2, of the same Act, this does not apply to pure music machines (often called jukeboxes), nor does it apply to amusement machines and game devices at funfairs and in amusement parks.According to Section 1, paragraph 3, of the Decree of 29 December 1976 on slot machines (raha-automaattiasetus, 676/76, hereinafter referred to as 'the Decree on Slot Machines'), the association referred to in the Act on Lotteries is RAY. The tasks and the administration of RAY are prescribed in this Decree. The purpose of RAY is to procure money for the public-interest purposes as determined in Section 3, paragraph 4, of the Act on Lotteries.The Board of Directors of RAY comprises a chairman, two vice-chairmen and 11 other members. The Council of State has the right to appoint the chairman, the first vice-chairman and five other members. There must be one member representing the Ministry of Social Affairs and Health, one member representing the Ministry of the Interior and one member representing the Ministry of Finance.(2) Pursuant to Section 3, paragraph 4 of the Act on Lotteries and in particular Section 1 of the Decree on Slot Machines, RAY also enjoys statutory exclusive rights to certain forms of gambling or 'actual' money gaming. It has the sole licence to keep for the use of the public gaming machines which may give prizes in cash or in tokens convertible to cash, to keep for the use of the public gaming machines which may give prizes in goods or in tokens convertible to goods, with certain restrictions, as well as to organize casino gaming and to run a casino.(3) The Decree on Slot Machines contains provisions on the use of the proceeds of RAY (Sections 29 to 32 of the Decree). The basic rule is that all the proceeds go as an appropriation in the State budget and shall be distributed by the Council of State, on the proposal of the Ministry of Social Affairs and Health, to non-profit organizations and foundations with certain purposes as determined in the Decree. Support shall, however, not be granted to cover costs for which the State, a municipality or a religious community is otherwise responsible.RAY's turnover in 1993 was Fmk 2 039 million of which Fmk 1 842,1 million related to slot machines, and Fmk 61,9 million to amusement machines. RAY's net profit totalled Fmk 1 151,9 million.(4) The economic activity in question is the keeping of amusement machines for the use of the public against remuneration (1).(5) Following complaints concerning, inter alia, the amusement machine business, the EFTA Surveillance Authority requested from the Finnish Government further information and invited the Government to send its comments on the matter by letters of 10 February (1335 D) and 7 July 1994 (9868 D). By letter of 26 October 1994 (15780 D), the Authority urged the Finnish government immediately to take the necessary measures to bring the amusement machine legislation in conformity with the EEA Agreement. By letter dated 1 December 1994 (17496 D) to the Finnish authorities, the EFTA Surveillance Authority indicated its readiness to adopt a decision pursuant to Article 59 (3), should Finland fail to immediately correct the situation. By letter dated 1 December 1994 (17496 D), RAY was informed of the matter and given the opportunity to submit its observations.The EFTA Surveillance Authority received replies to the letters of 1 December 1994 from Finland and from RAY on 19 December 1994. In its reply the Finnish Government recalled that, on 28 October 1994, the Finnish Parliament had been presented with a bill to replace the Act on Amusement Machines with a new legislation by which the exclusive right at issue would be abolished. Yet the Finnish Government contended it to be necessary that the new legislation enters into force only after three months from its adoption and promulgation, so that certain control measures can be adopted and implemented before the entry into force takes place. Therefore, the new legislation could enter into force on 1 May 1995.In its reply RAY stated that it does not oppose the abolishment of the exclusive right in question but that the schedule of the legislative proposal is determined by factors beyond the control of RAY. RAY emphasized the need to control the game operations. Finally RAY stated that it does not necessarily consider the Act on Amusement Machines to be in conflict with the EEA Agreement.II. LEGAL ASSESSMENT (6) Article 31 of the EEA Agreement provides, inter alia, that there shall be no restrictions on the freedom of establishment of nationals of a State Party to the EEA Agreement in the territory of any other State Party to the Agreement.Article 36 of the EEA Agreement provides, inter alia, that there shall be no restrictions on freedom to provide services within the territory of the Contracting Parties in respect of nationals of a State Party to the EEA Agreement.Article 59 of the EEA Agreement provides, inter alia, that, in the case of public undertakings and undertakings to which a State party to the EEA Agreement grants special or exclusive rights, the Contracting Parties shall ensure that there is neither enacted nor maintained in force any measure contrary to the rules contained in the EEA Agreement, in particular to those rules provided for in Articles 4 and 53 to 63. According to Article 59 (3), the EFTA Surveillance Authority shall ensure within its competence the application of the provisions of Article 59 and shall, where necessary, address appropriate measures to the States falling within its territory.According to Article 1 (2) (e) of the EEA Agreement, the attainment of the objectives of the EEA Agreement entails the setting up of a system ensuring that competition is not distorted and that the rules thereon are equally respected.(7) The complainants have drawn the attention of the EFTA Surveillance Authority to the fact that amusement machines which do not give material prizes and gaming machines which may give material prizes differ in relevant aspects from each other.The EFTA Surveillance Authority considers that the two kinds of services are different in nature from one another as gaming machines may yield prizes in cash or worth money and amusement machines are pure entertainment with no chance to win any material prize. The excitement factor is therefore appreciably different in the two groups, even though both may be in some way attractive or even addictive. The player is bound to consider the services markedly different despite any similarities there may be in the form of the organization of the activities, in the looks of the machines, in the locations where they are installed or in the like circumstances.The difference between amusement machine activities and actual gaming machine activities leads the EFTA Surveillance Authority to the conclusion that amusement machine activities are, in relation to gaming machine activities, an activity which is apt to be carried out separately by undertakings others than the one carrying out gaming machine operations. The amusement machine service market is to be considered a neighbouring but yet a separate one from the actual gaming machine service market. Considerations which may be capable of justifying the maintenance of indiscriminatory exclusive rights in the actual gambling activities, such as moral, religious and cultural aspects involved in gambling, the risk of crime and fraud, the fact that gambling facilities constitute an incitement to spend which may have damaging individual and social consequences as well as the fact that organized gambling may yield a significant contribution to the financing of benevolent or public-interest activities (2), are not applicable as regards amusement machine activities.(8) RAY is an undertaking governed by a special statute as specified above. The Finnish Government exercises considerable influence on its policy and administration also through the exercise of the right to appoint half of the members of the Board of Directors including the chairman. For these reasons, RAY is an undertaking within the meaning of Article 59 (1), of the EEA Agreement. The Act on Amusement Machines constitutes a measure within the meaning of Article 59 of the EEA Agreement.(9) The exclusive right granted to RAY to keep amusement machines for the use of the public cannot be regarded as justified on the grounds relating to the special nature of gambling activities. By effectively granting RAY an exclusive right to keep amusement machines for the use of the public against remuneration and by making it thus, without an objective necessity or justification, impossible for any other undertaking to carry out such economic activity in any form in Finland, Finland is infringing Article 59 (1), of the EEA Agreement, read in conjunction with Articles 31 and 36 of the EEA Agreement providing for the freedom of establishment and the freedom to provide services.(10) The exclusive right in question also distorts competition at the expense of undertakings from other States Parties to the EEA Agreement. The exclusive right is therefore incompatible with the objective embodied in Article 1 (2) (e) of the EEA Agreement, concerning the institution of a system ensuring that competition is not distorted, which is to be achieved in particular by observance of the principles contained in Articles 53 and 54 of the EEA Agreement.(11) The Finnish Government appears to have accepted the obligation to amend the legislation so as to abolish the exclusive right granted to RAY to keep amusement machines for the use of the public. The Finnish Government has indicated, in correspondence addressed to the EFTA Surveillance Authority, that the national legislation will be amended accordingly and it has presented a bill to the Parliament to that effect. Nevertheless, the Finnish government contends that the date of entry into force of the new legislation could be 1 May 1995.(12) The EEA Agreement does not provide for any transitional period that would be applicable in this case for the adjustment of the national legislation awarding exclusive rights where such adjustment is necessary. Therefore, the Finnish legislation ought to have been rendered compatible with the EEA Agreement by the entry into force of the EEA Agreement, that is by 1 January 1994. The necessary changes have still not been adopted. The EFTA Surveillance Authority sees no imperative reasons that would justify any further delay in bringing the infringement to an end.For the above reasons, the EFTA Surveillance Authority finds it necessary to have recourse to Article 59 of the EEA Agreement in order to have Finland take the necessary measures to this end,HAS ADOPTED THIS DECISION:Article 1The Finnish Act of 27 May 1976 on Amusement Machines (laki ajanvieteautomaateista, 426/76) is incompatible with Article 59 (1), of the EEA Agreement, read in conjunction with Articles 1, 31 and 36 of the EEA Agreement in so far as it provides for exclusive rights to keep amusement machines available to the public against remuneration.Article 2Finland shall take all necessary legislative or administrative measures to bring the infringement to an end as soon as possible. Finland shall inform the EFTA Surveillance Authority within one month from the date of notification of what measures have been taken to comply with this decision.Article 3This Decision, which shall be authentic in the English language, is addressed to the Republic of Finland.Done at Brussels, 30 December 1994.For the EFTA Surveillance AuthorityKnut ALMESTADThe President(1) It is noted here as background information that RAY keeps the machines both in its own gaming arcades and in rented space in bars, filling-stations and other places frequented by the public.(2) See the judgment of the Court of Justice of the European Communities in Case C-275/92 Schindler [1994], ECR I, p. 1039.


title: Council Decision of 26 November 2007 on the signing, on behalf of the Community, of an Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety

text:
               9.11.2011

               EN

               Official Journal of the European Union

               L 291/45

         COUNCIL DECISION
   of 26 November 2007
   on the signing, on behalf of the Community, of an Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety
   (2011/720/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 80(2) and 133(4) 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 Commission has negotiated on behalf of the Community an Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety (hereinafter referred to as ‘the Agreement’) in accordance with the Council Decision authorising the Commission to open negotiations.

               (2)

               The Agreement should be signed, subject to its possible conclusion at a later stage,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety (hereinafter referred to as ‘the Agreement’) is hereby approved on behalf of the Community, subject to a Council Decision concerning the conclusion of the Agreement.
   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
   Member States shall take all necessary measures to ensure that their bilateral agreements with the United States listed in Attachment 1 of the Agreement can be amended or terminated, as appropriate, upon entry into force of the Agreement.

      Done at Brussels, 26 November 2007.

            For the Council

            The President

         J. SILVA


Avis juridique important

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31981D0574

81/574/EEC: Council Decision of 20 July 1981 adapting, consequent upon the accession of Greece, Decision 80/344/EEC adopting a second research programme in the field of medical and public health research, consisting of four multiannual concerted projects

Official Journal L 209 , 29/07/1981 P. 0029

*****COUNCIL  DECISION  of 20 July 1981  adapting, consequent upon the accession of Greece, Decision 80/344/EEC adopting a second research programme in the field of medical and public health research, consisting of four multiannual concerted projects  (81/574/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas by its Decision 80/344/EEC (2) the Council adopted a second research programme in the field of medical and public health research, consisting of four multiannual concerted projects;  Whereas such projects aim at coordinating at Community level the research work as set out in Annex I to Decision 80/344/EEC, forming part of the Member States' research programmes;  Whereas Greece intends to contribute to such research work; whereas it is therefore necessary to amplify Annex I to Decision 80/344/EEC to take account of this contribution,  HAS DECIDED AS FOLLOWS:  Article 1  Annex I to Decision 80/344/EEC is hereby amended as follows:  1. Section I: The following text shall be inserted between the headings 'Germany' and 'France':  'Greece: Ypiresía Epistimonikís Erévnis kai Technologías, Athína  Symvoýlion Iatrikón Erevnón, Athína'.  2. Sections II, III, IV and V: The last subparagraph of each Section shall be replaced by the following:  'Belgium, Denmark, Germany, Greece, France, Ireland, Italy, the Netherlands and the United Kingdom will contribute research under the topics mentioned above.'  Article 2  The Decision shall take effect on 1 January 1981.  Done at Brussels, 20 July 1981.  For the Council  The President  P. WALKER  (1) OJ No C 144, 15. 6. 1981, p. 36.  (2) OJ No L 78, 25. 3. 1980, p. 24.


title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section IX - European Data Protection Supervisor

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/93

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section IX — European Data Protection Supervisor
   (2009/640/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2007 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (C6-0424/2008) (2),

               —

               having regard to the European Data Protection Supervisor’s annual report to the discharge authority on internal audits carried out in 2007,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2007, together with the audited institutions’ replies (3),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),

               —

               having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0154/2009),

               1.

               Grants the European Data Protection Supervisor discharge in respect of the implementation of its budget for the financial year 2007;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 77, 16.3.2007.

      (2)  OJ C 287, 10.11.2008, p. 1.

      (3)  OJ C 286, 10.11.2008, p. 1.

      (4)  OJ C 287, 10.11.2008, p. 111.

      (5)  OJ L 248, 16.9.2002, p. 1.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section IX — European Data Protection Supervisor
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2007 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (C6-0424/2008) (2),

               —

               having regard to the European Data Protection Supervisor’s annual report to the discharge authority on internal audits carried out in 2007,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2007, together with the audited institutions’ replies (3),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),

               —

               having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0154/2009),

               1.

               Notes that in 2007 the European Data Protection Supervisor (EDPS) had commitment appropriations available amounting to a total of EUR 5 million (2006: EUR 4,1 million (6)), representing an increase of nearly 20 % as compared with 2006, with a utilisation rate of 86,14 %, below the average of the other institutions (93,84 %);

               2.

               Notes the increase in permanent posts from 24 in 2006 to 29 in 2007 (+21 %) allocated to the EDPS; welcomes in this context the EDPS’ intention of restricting expansion in both tasks and staff, using controlled growth to ensure that new staff are fully taken on board and adequately integrated and trained;

               3.

               Points out that the Court of Auditors indicated in its annual report that the audit did not give rise to any significant observations as regards the EDPS;

               4.

               Recalls that on 7 December 2006 the Administrative Cooperation Agreement between the Secretaries-General of the Commission, Parliament and the Council, signed together with the EDPS, was renewed for a further period of three years with effect from 16 January 2007;

               5.

               Notes that, based on the above-mentioned Cooperation Agreement, the administrative handling of all EDPS missions is ensured by the Paymaster’s Office of the Commission, and the same internal rules apply to the reimbursement of accommodation costs incurred on mission for its two categories, its two Members and its staff;

               6.

               Recalls that, by decision of 7 November 2006, the EDPS decided to set up an internal control structure in line with its activities and requirements; notes that a first evaluation performed by the EDPS’ services has demonstrated the functionality and efficiency of this internal control system;

               7.

               Notes with satisfaction that the first audit report issued by the Internal Audit Service (IAS) was received in September 2007, and that it identified certain issues requiring improvement; is satisfied by the fact that the implementation of IAS recommendations agreed by the EDPS was set as a priority for 2008 and that, as a consequence, an action plan was drawn up in early 2008; encourages the EDPS to fully implement this action plan;

               8.

               Welcomes the annual publication by the EDPS and the Assistant EDPS of a declaration of their financial interests, in a form similar to that completed annually by Members of Parliament, containing relevant information on such things as declarable professional activities and remunerated posts or activities;

               9.

               Congratulates the EDPS on its decision of 12 September 2007 to accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council and the Commission concerning internal investigations by the European Anti-Fraud Office (OLAF) (7) in applying the system set up by Regulation (EC) No 1073/1999 (8);

               10.

               Requests that the EDPS include in its following activity report (financial year 2008) a chapter giving a detailed account of the follow-up during the year to Parliament’s earlier discharge decisions, including possible explanations for not having followed the recommendations;

               11.

               Notes that, despite amendments to the Financial Regulation, its rules on procurement are still excessively cumbersome for smaller institutions, such as the EDPS, especially in relation to tenders for contracts for relatively small amounts; invites the Commission — when carrying out its preliminary work prior to drawing up any future proposals for amendment to the Financial Regulation — to consult extensively with the European Data Protection Supervisor and its Secretariat in order to ensure that their concerns are fully taken into account in the final draft.

      (1)  OJ L 77, 16.3.2007.

      (2)  OJ C 287, 10.11.2008, p. 1.

      (3)  OJ C 286, 10.11.2008, p. 1.

      (4)  OJ C 287, 10.11.2008, p. 111.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  2005: EUR 2,8 million.

      (7)  OJ L 136, 31.5.1999, p. 15.

      (8)  Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 1).


Avis juridique important

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31999D0802

1999/802/EC: Council Decision of 22 October 1999 on the acceptance of amendments to the Convention for the Protection of the Mediterranean Sea against Pollution and to the Protocol for the Prevention of Pollution by Dumping from Ships and Aircraft (Barcelona Convention)

Official Journal L 322 , 14/12/1999 P. 0032 - 0043

COUNCIL DECISIONof 22 October 1999on the acceptance of amendments to the Convention for the Protection of the Mediterranean Sea against Pollution and to the Protocol for the Prevention of Pollution by Dumping from Ships and Aircraft (Barcelona Convention)(1999/802/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1), in conjunction with the first sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The Community is a Contracting Party to the Convention for the Protection of the Mediterranean Sea against Pollution, hereinafter referred to as the "Barcelona Convention"(2), and has also concluded four of the Protocols adopted within the framework of the Convention, namely the Protocol for the Prevention of Pollution by Dumping from Ships and Aircraft(3), the Protocol concerning Cooperation in Combating Pollution by Oil and other Harmful Substances(4), the Protocol for Protection against Pollution from Land-based Sources(5) and the Protocol concerning Specially Protected Areas(6);(2) The Commission took part on behalf of the Community, within the framework of the working party set up by the Contracting Parties to the Barcelona Convention, in the negotiations on the revision of the Barcelona Convention and the Protocol for the Prevention of Pollution by Dumping from Ships and Aircraft, hereinafter referred to as the "Protocol";(3) The Community needs to commit itself at international level in those areas covered by the revised Convention and Protocol which fall within its jurisdiction;(4) Under Article 174 of the Treaty, Community policy on the environment contributes to the pursuit of the objectives, inter alia, of preserving, protecting and improving the quality of the environment and promoting measures at international level to deal with regional or worldwide environmental problems;(5) The area covered by the amendments to the Barcelona Convention and the Protocol falls at least partly within the Community's jurisdiction; the Community has adopted several directives in this area; it is also a Contracting Party to many international Conventions in this field; the Community is taking steps in this context to ensure that the conclusion of these international agreements neither conflicts with, nor alters the scope of, current Community law;(6) Community accession to the revised Barcelona Convention and Protocol will help to attain the objectives set out in Article 174 of the Treaty;(7) The revised Barcelona Convention and Protocol were adopted and opened for signature by the Contracting Parties at the Conference of Plenipotentiaries held in Barcelona on 9 and 10 June 1995;(8) The Community has signed alongside the Member States the revisions to the Barcelona Convention and the Protocol for the prevention of pollution by dumping from ships and aircraft,HAS DECIDED AS FOLLOWS:Article 1The amendments to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution and the Protocol for the Prevention of Pollution by Dumping from Ships and Aircraft are hereby approved on behalf of the Community.The texts of the said amendments are attached to this Decision.Article 2The President of the Council is hereby authorised to notify the acceptance, on behalf of the Community, of the amendments to the Convention for the Protection of the Mediterranean Sea against Pollution and the Protocol for the Prevention of Pollution by Dumping from Ships and Aircraft in accordance with Article 16 of the Convention for the Protection of the Mediterranean Sea against Pollution(7).Article 3This Decision shall be published in the Official Journal of the European Communities.It shall take effect on the day of its adoption.Done at Luxembourg, 22 October 1999.For the CouncilThe PresidentS. MÖNKÄRE(1) OJ C 219, 30.7.1999, p. 186.(2) Decision 77/585/EEC, OJ L 240, 19.9.1977, p. 1.(3) Decision 77/585/EEC, OJ L 240, 19.9.1977, p. 1.(4) Decision 81/420/EEC, OJ L 162, 19.6.1981, p. 4.(5) Decision 83/101/EEC, OJ L 67, 12.3.1983, p. 1.(6) Decision 84/132/EEC, OJ L 68, 10.3.1984, p. 36.(7) The date of entry into force of the amendments to the Convention for the Protection of the Mediterranean Sea against Pollution and to the Protocol for the Prevention of Pollution by Dumping from Ships and Aircraft will be published in the Official Journal of the European Communities by the General Secretariat of the Council of the European Union.


title: 2014/691/EU: Council Decision of 29 September 2014 amending Decision 2014/668/EU on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols

text:
               3.10.2014

               EN

               Official Journal of the European Union

               L 289/1

         COUNCIL DECISION
   of 29 September 2014
   amending Decision 2014/668/EU on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols

      (2014/691/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 23 June 2014, the Council adopted Decision 2014/668/EU (1).

               (2)

               Following consultations with the Ukrainian side and in the context of the overall efforts for the implementation of the peace process in Ukraine, the Commission has proposed to the Council to delay until 31 December 2015 the provisional application of the trade-related provisions of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Association Agreement’) (Title IV), and at the same time to continue the application of the Union's autonomous trade measures for the benefit of Ukraine.

               (3)

               The provisional application of the relevant provisions of Titles III, IV, V, VI and VII, and the related Annexes and Protocols, of the Association Agreement is to take effect in stages. In respect of Titles III, V, VI and VII, and the related Annexes and Protocols, the notification provided in Article 486 of the Association Agreement is to be made without delay, in conjunction with the notification of provisions provided for in Article 4 of Council Decision 2014/295/EU (2). In respect of Title IV, and the related Annexes and Protocols, the notification is to be made so that the provisional application takes effect on 1 January 2016.

               (4)

               Decision 2014/668/EU should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 4 of Decision 2014/668/EU, the following paragraphs are added:

      ‘As regards the relevant provisions of Titles III, V, VI and VII, and the related Annexes and Protocols, the notification concerning the provisional application pursuant to Article 486 of the Agreement shall be made without delay.
      As regards the relevant provisions of Title IV, and the related Annexes and Protocols, the notification pursuant to Article 486 of the Agreement shall be made so that provisional application takes effect on 1 January 2016.’

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

      Done at Brussels, 29 September 2014.

            For the Council

            The President

         S. GOZI

      (1)  Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).

      (2)  Council Decision 2014/295/EU of 17 March 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the Preamble, Article 1, and Titles I, II and VII thereof (OJ L 161, 29.5.2014, p. 1).


title: 2011/295/EU: Decision of the European Central Bank of 20 April 2011 on the selection of TARGET2-Securities network service providers (ECB/2011/5)

text:
               21.5.2011

               EN

               Official Journal of the European Union

               L 134/22

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 20 April 2011
   on the selection of TARGET2-Securities network service providers
   (ECB/2011/5)
   (2011/295/EU)
   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 (hereinafter the ‘Statute of the ESCB’) and in particular Articles 3.1 and 12.1 and Articles 17, 18 and 22 thereof,
   Whereas:

               (1)

               TARGET2-Securities (hereinafter ‘T2S’) aims to facilitate post-trading integration by offering core, neutral and borderless pan-European cash and securities settlement in central bank money so that central securities depositories (CSDs) can provide their customers with harmonised and commoditised delivery-versus-payment settlement services in an integrated technical environment with cross-border capabilities.

               (2)

               In the context of the Third Interim T2S Progress Report, in February 2010, the T2S Programme Board decided that the Deutsche Bundesbank, the Banco de España, the Banque de France and the Banca d’Italia (hereinafter the ‘4CB’) would make necessary preparations to have up to three T2S network service providers to provide connectivity services to the T2S platform and that the Banca d’Italia would lead the selection procedure.

               (3)

               In the context of the Fourth T2S Progress Report, at its meeting of 21 April 2010, the Governing Council decided that the network provision in T2S would be subject to a competition and that a maximum of three licences would be granted.

               (4)

               In the context of the Fifth T2S Progress Report, in July 2010, the T2S Programme Board decided that the Banca d’Italia would act as the operating arm of the Eurosystem for the selection procedure. It also decided that the T2S Programme Board would be responsible for designating the selection panel members since the Eurosystem central banks would be responsible and liable for the selection criteria and for the outcome of the selection panel’s decision based on the selection criteria. The Banca d’Italia would be responsible for correctly conducting the selection procedure and its specific liability related to the selection procedure would be separate from the liability assumed by the 4CB under the Level 2-Level 3 agreement.

               (5)

               On 13 August 2010, the T2S Programme Board decided that the Banca d’Italia’s liability should be specified more precisely in a mandate from the Eurosystem central banks to the Banca d’Italia to carry out the selection procedure.

               (6)

               The purpose of the selection procedure is to entrust network service providers to provide a set of predefined connectivity services, on the basis of which the T2S network service providers design, implement, deliver and operate connectivity solutions intended to securely exchange business information between the directly connected T2S actors and the T2S platform.

               (7)

               Although a selection procedure for T2S network service providers falls outside the scope of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (1), the rules laid down in Directive 2004/18/EC, the procedures laid down in Decision ECB/2008/17 of 17 November 2008 laying down the framework for joint Eurosystem procurement (2) and the national law implementing Directive 2004/18/EC where applicable to the mandated central bank should be used as general guidelines.

               (8)

               Banca d’Italia has been appointed by the Governing Council to carry out the selection procedure for T2S network service providers.

               (9)

               Banca d’Italia had accepted the appointment and has confirmed its willingness to act in accordance with this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (a)

               ‘central bank’ means the European Central Bank (ECB) or a euro area national central bank (NCB) or another central bank that makes its currency available in T2S;

               (b)

               ‘central securities depository’ (CSD) means an entity that: (a) enables securities transactions to be processed and settled by book entry; (b) provides custodial services, e.g. the administration of corporate actions and redemptions; and (c) plays an active role in ensuring the integrity of issues of securities;

               (c)

               ‘T2S Programme Board’ means the Eurosystem management body established pursuant to Decision ECB/2009/6 of 19 March 2009 on the establishment of the TARGET2-Securities Programme Board (3), which has the task of developing proposals for the Governing Council on key strategic issues and executing tasks of a purely technical nature in relation to T2S, or its successor;

               (d)

               ‘T2S network service provider’ means a network service provider that has signed a licence agreement to provide connectivity services;

               (e)

               ‘connectivity services’ means the direct network connection to the T2S platform that a directly connected T2S actor requires a T2S network service provider to provide in order to benefit from, or perform tasks and responsibilities related to, the T2S services;

               (f)

               ‘licence’ means the act of conferring the right as granted by the Eurosystem central banks to a T2S network service provider to provide to the directly connected T2S actors a set of predefined connectivity services, on the basis of which a T2S network service provider shall design, implement, deliver and operate solutions intended to exchange securely electronic data between the directly connected T2S actors and the T2S platform;

               (g)

               ‘selection panel’ means a panel of five experts composed of one representative from each of the mandated central bank (acting as chairperson), the 4CB and EPCO, as well as two representatives from the Eurosystem central banks, each of them designated by the T2S Programme Board and formally appointed by the mandated central bank;

               (h)

               ‘Eurosystem Procurement Coordination Office’ (EPCO) means the body created under Decision 2008/893/EC (ECB/2008/17) to coordinate joint Eurosystem procurement;

               (i)

               ‘Eurosystem central bank’ means either a euro area NCB or the ECB;

               (j)

               ‘Level 2-Level 3 agreement’ means the supply and operation agreement that is negotiated between the T2S Programme Board and the 4CB, endorsed by the Governing Council and subsequently signed by the Eurosystem central banks and the 4CB. It contains the additional details of the tasks and responsibilities of the 4CB, the T2S Programme Board and the Eurosystem central banks;

               (k)

               ‘directly connected T2S actor’ means any entity that is authorised to exchange electronic data with the T2S platform;

               (l)

               ‘mandated central bank’ means the euro area NCB appointed by the Governing Council to conduct the selection procedure for the T2S network service providers and vested by the Eurosystem central banks with the power to sign the licence agreements with the selected participants in the name and interest of the Eurosystem central banks;

               (m)

               ‘T2S services’ means the services to be provided by the Eurosystem central banks to CSDs and central banks;

               (n)

               ‘licence agreement’ means an agreement governed by German law, as proposed by the T2S Programme Board and approved by the Governing Council, setting out the reciprocal rights and obligations of the Eurosystem central banks and of the relevant T2S network service provider;

               (o)

               ‘selected participant’ means a participant in the selection procedure for the T2S network service providers that has been awarded a licence agreement;

               (p)

               ‘contract notice’ means the notice of the selection procedure to be published in the Official Journal of the European Union and in the national official journal of the Member State where the mandated central bank is located;

               (q)

               ‘awarding rules’ means the detailed rules governing the selection procedure constituting part of the selection acts to be published;

               (r)

               ‘selection acts’ means the award announcement, the contract notice, as well as the awarding rules, and their annexes and attachments;

               (s)

               ‘euro area NCB’ means the NCB of a Member State whose currency is the euro;

               (t)

               ‘proof of concept’ means a test to be performed by a T2S network service provider after the signature of the licence agreement, aimed at verifying the compliance of its offered solution with basic functional, resilience and security requirements;

               (u)

               ‘go-live date’ means the date on which the first CSD starts using the T2S services.

         Article 2
   Mandated central bank
   The mandated central bank shall for the benefit of the Eurosystem central banks:

               (a)

               carry out the selection procedure for T2S network service providers in full cooperation with the T2S Programme Board and the selection panel, in its own name and in the interest of the Eurosystem central banks, by providing the material and human resources required to ensure that the selection procedure complies with the law applicable in the Member State of the mandated central bank; and

               (b)

               in line with the selection panel’s decision, sign the relevant licence agreement in the name and interest of the Eurosystem central banks, with the total number of T2S network service providers not exceeding two at any given time.

         Article 3
   Selection and awarding conditions
   1.   The mandated central bank shall carry out the procedure for the selection of T2S network service providers in compliance with the general principles laid down in the Treaty on the Functioning of the European Union, including transparency, proportionality, equal treatment, equal access and non-discrimination.
   2.   The total number of T2S network service providers shall not exceed two at any given time.
   3.   When carrying out the selection procedure, the mandated central bank shall in particular observe the following conditions:

               (a)

               it shall carry out an open procedure for the award of the licences whereby any interested economic operator may submit an offer;

               (b)

               all selection acts shall be prepared jointly by the Eurosystem central banks and the mandated central bank, and approved by the T2S Programme Board;

               (c)

               the T2S network service providers shall be selected on the basis of the lowest maximum price for a standard set of services to be provided to the community of directly connected T2S actors, according to the model approved by the T2S Programme Board;

               (d)

               all selection acts shall be published in English. The mandated central bank may also publish the contract notice in its official language. The participants in the selection procedure shall submit their offers and all supplemental documents in English;

               (e)

               the mandated central bank shall specify in the contract notice that the selection procedure is carried out in its name and interest as well as in the interest of the Eurosystem central banks;

               (f)

               the mandated central bank shall publish the contract notice at a minimum in: (i) the Official Journal of the European Union; (ii) the national official journal used for contract notices by the mandated central bank; (iii) two national newspapers; and (iv) the Financial Times and The Economist. The selection acts shall be published on the mandated central bank’s website. The contract notice shall also be published on the ECB’s website, with a link to the mandated central bank’s website in order to enable access to all the selection acts;

               (g)

               the mandated central bank shall respond to requests for clarification in the selection procedure sent to the e-mail address specified in the contract notice. Any such response shall be published by the mandated central bank and the ECB on their respective websites;

               (h)

               selection panel members shall be designated by the T2S Programme Board and formally appointed by the mandated central bank immediately after the end of the bidding period;

               (i)

               selection panel members shall be obliged to sign the declaration of absence of conflict of interest that has been approved by the T2S Programme Board;

               (j)

               the mandated central bank shall undertake the operational aspects of the selection procedure;

               (k)

               the selection panel shall, inter alia, examine the administrative and technical documentation, and decide on the exclusion from the selection procedure of participants not fulfilling the participation requirements. The selection panel shall evaluate abnormally low offers pursuant to the rules laid down in the selection acts. The selection panel shall rank the participants not excluded from the selection procedure in increasing order of their economic offers;

               (l)

               The mandated central bank shall formally communicate all of the selection panel’s decisions to the participants concerned using a secure and prompt means of written communication.

         4.   Once the selection panel has ranked the participants in accordance with paragraph 3(k) (preliminary awarding), the mandated central bank shall, under its responsibility, undertake an internal legitimacy check to verify that the selection procedure was carried out correctly. When this check has been successfully completed, the mandated central bank shall issue the final award and shall verify that the selected participants fulfil the participation requirements and that their self declarations are truthful. Should the legitimacy check be unsuccessful, the final award shall be deferred and the mandated central bank shall seek guidance thereon from the T2S Programme Board.
   5.   The mandated central bank shall act in its name and interest as well as in the interest of the Eurosystem central banks as regards all rights and obligations stemming from the selection procedure. It shall also report thereon to and comply with decisions taken by the T2S Programme Board.
   6.   The mandated central bank shall bear its own costs related to the tasks it carries out in the selection procedure.
   Article 4
   Licence agreement
   1.   Once the selection and awarding procedure have been concluded by the mandated central bank under the conditions mentioned above, the mandated central bank and the selection panel shall undertake all necessary preparatory measures to enable the mandated central bank to enter into a licence agreement with each of the selected participants in the name and interest of the Eurosystem central banks. To this end, the Eurosystem central banks shall vest the mandated central bank with the power to sign the licence agreements, by way of a separate power of attorney to act in the name and interest of the Eurosystem central banks (disclosed agency).
   2.   Subsequent to signing the licence agreement, a T2S network service provider shall perform a proof of concept. If the T2S network service provider fails to successfully perform the proof of concept, the licence agreement shall be terminated. Under such circumstance, the mandated central bank shall award a licence to the participant in the selection procedure that ranked next highest in the ranking list after the selected participants.
   3.   Without prejudice to the following paragraphs, a licence awarded in the initial selection procedure shall expire 7 years following the go-live date.
   4.   Where a licence agreement with a T2S network service provider is terminated before the end of its duration, but after the successful performance of the proof of concept, at the T2S Programme Board’s discretion, a licence agreement may either be offered to the participant in the selection procedure that ranked next highest in the ranking list after the selected participants, or be awarded to another network service provider following a new selection procedure to be carried out by the mandated central bank or by another Eurosystem central bank appointed by the Governing Council. The new licence agreement shall have a duration of 7 years.
   5.   Upon the T2S Programme Board’s request, the mandated central bank shall extend the duration of all licence agreements twice by 1 year.
   6.   The mandated central bank shall be mandated to represent the Eurosystem central banks jointly vis-à-vis the T2S network service providers and other third parties in relation to the connectivity services as well as to manage the licence agreements in the name and interest of the Eurosystem central banks on an ongoing basis, both by, inter alia, enforcing the rights and obligations of the Eurosystem central banks, including in court proceedings, including but not limited to breach of contract, damages, termination, challenges or other alterations of contract. The mandated central bank shall report thereon to, and comply with the instructions issued by, the T2S Programme Board.
   7.   The mandated central bank shall take all measures necessary for the fulfilment of the Eurosystem central banks’ and, if any, of the mandated central bank’s, duties and obligations in relation to the licence agreements and shall report thereon to, and respect any related instructions from the T2S Programme Board.
   8.   The mandated central bank shall receive all notices, declarations and writs of claims, including the service of process, in relation to a licence agreement to enable it to fulfil the Eurosystem central banks’, and, if any, the mandated central bank’s, rights and obligations in relation to a licence agreement.
   9.   Without prejudice to Article 5, the Eurosystem central banks shall reimburse the mandated central bank for all reasonable expenses it incurs for the management and monitoring of the licence agreements pursuant to paragraphs 6 to 8.
   Article 5
   Compensation claims
   1.   The mandated central bank shall be liable to the Eurosystem central banks without limitation for any loss or damage resulting from fraud or wilful misconduct in the performance of its rights and obligations under this Decision. It shall be liable to the Eurosystem central banks for any loss or damage resulting from its gross negligence in performing its obligations under this Decision, in which case its liability shall be limited to a maximum total amount of EUR 2 000 000 per calendar year.
   2.   Where losses or damages are suffered by a third party arising from fraud or wilful misconduct of the mandated central bank in performing its duties under this Decision, the mandated central bank shall be responsible for any compensation to be paid to that third party.
   3.   Where losses or damages are suffered by a third party arising from the mandated central bank’s gross or ordinary negligence in performing its duties under this Decision, the mandated central bank shall be responsible for any compensation to be paid to that third party. The Eurosystem central banks shall reimburse the mandated central bank for any such compensation that exceeds a maximum total amount of EUR 2 000 000 per calendar year, on the basis of a court statement or of a settlement agreement between the mandated central bank and any such third party, provided that the settlement agreement has been approved in advance by the T2S Programme Board.
   4.   The Eurosystem central banks shall fully and promptly reimburse the mandated central bank for any compensation paid by it to third parties where this stems from: (a) the participation requirements and award criteria; (b) a decision made by the selection panel on the basis of the participation requirements and award criteria; (c) the incorrect conduct of the selection panel, unless it acted in line with the written advice of the mandated central bank or has not received appropriate written advice from the mandated central bank on the issue concerned in advance; (d) any decision or event beyond the control of the mandated central bank including those which may affect the effectiveness of the licences granted.
   5.   The mandated central bank shall not be reimbursed by the Eurosystem central banks for compensation paid to third parties resulting from operational activities and other procedural acts which fall within its responsibility, unless the mandated central bank has acted, contrary to its own advice, in line with instructions from the T2S Programme Board pursuant to Article 3(5).
   6.   Where legal actions filed by third parties relate to acts or omissions with respect to the selection procedure for which the Eurosystem central banks have to assume exclusive liability, the Eurosystem central banks, having consulted the mandated central bank, shall instruct the mandated central bank on the measures it shall take, e.g. any representation by external counsel or by in-house legal services of the mandated central bank, in a timely manner. Once a decision as to the course of action in any such proceeding has been taken, the litigation costs and fees arising from any such action shall be borne by the Eurosystem central banks.
   7.   The Eurosystem central banks shall assume liability for acts and omissions of individual selection panel members in relation to the selection procedure.
   8.   Where legal actions are filed by third parties for acts or omissions connected to a selection procedure for which the mandated central bank assumes exclusive liability, the mandated central bank shall fully cooperate with the Eurosystem central banks on the measures it shall take, e.g. any representation by external counsel or by its in-house legal services, and shall bear the subsequent costs.
   9.   Where the Eurosystem central banks and the mandated central bank are jointly responsible for losses or damages suffered by a third party, each of them shall bear an equal share of the costs.
   Article 6
   Final provisions
   1.   A mandate shall continue to be in force for 7 years from the go-live date.
   2.   The expiration of a mandate shall not affect the validity of the relevant licence agreements.
   Article 7
   Entry into force
   This Decision shall enter into force 2 days after its adoption.

      Done at Frankfurt am Main, 20 April 2011.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 134, 30.4.2004, p. 114.

      (2)  OJ L 319, 29.11.2008, p. 76.

      (3)  OJ L 102, 22.4.2009, p. 12.