title: 2013/31/EU: Decision of the European Central Bank of 11 December 2012 amending Decision ECB/2007/7 concerning the terms and conditions of TARGET2-ECB (ECB/2012/31)

text:
               17.1.2013

               EN

               Official Journal of the European Union

               L 13/8

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 11 December 2012
   amending Decision ECB/2007/7 concerning the terms and conditions of TARGET2-ECB
   (ECB/2012/31)
   (2013/31/EU)
   THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 and Articles 17, 22 and 23 thereof,
   Having regard to Guideline ECB/2012/27 of 5 December 2012 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (1), and in particular Article 8(2) thereof,
   Whereas:

               (1)

               Guideline ECB/2007/2 of 26 April 2007 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (2) has been recently recast in order to incorporate rules previously internal to the Eurosystem and to add necessary definitions, as well as provisions with regards to inapplicability of sanctions to non-Union banks, information sharing with regards to suspension or termination of access to monetary policy operations and the consequences of such suspension or termination.

               (2)

               Therefore, it is necessary to amend Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (3) in order to: (a) incorporate certain elements from Guideline ECB/2012/27 into the terms and conditions of TARGET2-ECB; and (b) update references to national legislation relevant to Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (4),

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendments to Decision ECB/2007/7
   Decision ECB/2007/7 is amended as follows:

               (1)

               in Article 1(1)(c), the first footnote is replaced by the following:

                           ‘(1)

                           The Eurosystem’s current policy for the location of infrastructure is set out in the following statements, which are all available on the ECB’s website at www.ecb.europa.eu: (a) the “Policy statement on euro payment and settlement systems located outside the euro area” of 3 November 1998; (b) “The Eurosystem’s policy line with regard to consolidation in central counterparty clearing” of 27 September 2001; (c) “The Eurosystem policy principles on the location and operation of infrastructures settling in euro-denominated payment transactions” of 19 July 2007; (d) “The Eurosystem policy principles on the location and operation of infrastructures settling euro- denominated payment transactions: specification of legally and operationally located in the euro area” of 20 November 2008; (e) “The Eurosystem oversight policy framework” of July 2011.’;

               (2)

               the Annex to Decision ECB/2007/7 is amended in accordance with the Annex to this Decision.

         Article 2
   Entry into force
   This Decision shall enter into force on 1 January 2013.

      Done at Frankfurt am Main, 11 December 2012.

            The President of the ECB

         Mario DRAGHI

      (1)  Not yet published in the Official Journal.

      (2)  OJ L 237, 8.9.2007, p. 1.

      (3)  OJ L 237, 8.9.2007, p. 71.

      (4)  OJ L 166, 11.6.1998, p. 45.

      ANNEX
      The Annex to Decision ECB/2007/7 is amended as follows:

                  (1)

                  Article 1 is amended as follows:

                              (a)

                              the definition of ‘Eurosystem CBs’ is replaced by the following:

                                          ‘—

                                          “Eurosystem CB” means the ECB or a euro area NCB,’;

                              (b)

                              the following definition is inserted:

                                          ‘—

                                          “euro area NCB” means the national central bank (NCB) of a Member State whose currency is the euro,’;

                  (2)

                  in Article 20, paragraph 1 is replaced by the following:
                  ‘1.   For the purposes of the first sentence of Article 3(1) of the Settlement Finality Directive and the third sentence of § 116, § 96(2), § 82 and § 340(3) of the German Insolvency Code (Insolvenzordnung) and the last sentence of § 46(2) of the KWG, payment orders are deemed entered into TARGET2-ECB at the moment that the relevant participant’s PM account is debited.’;

                  (3)

                  in Article 25, paragraph 5 is replaced by the following:
                  ‘5.   Notwithstanding Sections 675(u), 675(v), 675(x), 675y 675z, 676a, 676c of the German Civil Code (Bürgerliches Gesetzbuch), paragraphs 1 to 4 shall apply to the extent that the ECB’s liability can be excluded.’;

                  (4)

                  in Article 33, the first sentence in paragraph 3 is replaced by the following:
                  ‘Participants, when acting as the payment service provider of a payer or payee, shall comply with all requirements resulting from administrative or restrictive measures imposed pursuant to Article 75 or 215 of the Treaty on the Functioning of the European Union to which they are subject, including with respect to notification and/or the obtaining of consent from a competent authority in relation to the processing of transactions. In addition:’;

                  (5)

                  Appendix VI is replaced by the following:

                     ‘Appendix VI

                        FEE SCHEDULE AND INVOICING

                        Fees and invoicing for direct participants

                                 1.

                                 The monthly fee for the processing of payment orders in TARGET2-ECB for direct participants, depending on which option the direct participant has chosen, shall be either:

                                             (a)

                                             EUR 150 per PM account plus a flat fee per transaction (debit entry) of EUR 0,80; or

                                             (b)

                                             EUR 1 875 per PM account plus a fee per transaction (debit entry) determined as follows, based on the volume of transactions (number of processed items) per month:

                                                         Band

                                                         From

                                                         To

                                                         Price
                                                         (EUR)

                                                         1

                                                         1

                                                         10 000

                                                         0,60

                                                         2

                                                         10 001

                                                         25 000

                                                         0,50

                                                         3

                                                         25 001

                                                         50 000

                                                         0,40

                                                         4

                                                         50 001

                                                         100 000

                                                         0,20

                                                         5

                                                         Above 100 000

                                                         —

                                                         0,125

                                                   Liquidity transfers between a participant’s PM account and its sub-accounts shall not be subject to a charge.

                                 2.

                                 There shall be an additional monthly fee for direct participants who do not wish the BIC of their account to be published in the TARGET2 directory of EUR 30 per account.

                                 3.

                                 The following invoicing rules apply to direct participants. The direct participant shall receive the invoice for the previous month specifying the fees to be paid, no later than on the fifth business day of the following month. Payment shall be made at the latest on the 10th working day of that month to the account specified by the ECB and shall be debited from that participant’s PM account.

                        Fees and invoicing for ancillary systems

                                 4.

                                 An ancillary system using the ASI or the Participant Interface, irrespective of the number of any accounts it may hold with the ASCB and/or the SCB, shall be subject to a fee schedule consisting of three elements, as set out below.

                                             (a)

                                             A fixed monthly fee of EUR 1 000 to be charged to each ancillary system (Fixed Fee I).

                                             (b)

                                             A second monthly fixed fee of between EUR 417 and EUR 4 167, in proportion to the underlying gross value of the ancillary system’s euro cash settlement transactions (Fixed Fee II):

                                                         Band

                                                         From (EUR million/day)

                                                         To (EUR million/day)

                                                         Annual fee
                                                         (EUR)

                                                         Monthly fee
                                                         (EUR)

                                                         1

                                                         0

                                                         below 1 000

                                                         5 000

                                                         417

                                                         2

                                                         1 000

                                                         below 2 500

                                                         10 000

                                                         833

                                                         3

                                                         2 500

                                                         below 5 000

                                                         20 000

                                                         1 667

                                                         4

                                                         5 000

                                                         below 10 000

                                                         30 000

                                                         2 500

                                                         5

                                                         10 000

                                                         below 50 000

                                                         40 000

                                                         3 333

                                                         6

                                                         Above 50 000

                                                         —

                                                         50 000

                                                         4 167

                                                   The gross value of the ancillary system’s euro cash settlement transactions shall be calculated by the ASCB once a year on the basis of such gross value during the previous year and the calculated gross value shall be applied for calculating the fee as from 1 January of each calendar year.

                                             (c)

                                             A transaction fee calculated on the same basis as the schedule established for direct participants in paragraph 1 of this Appendix. The ancillary systems may choose one of the two options: either to pay a flat EUR 0,80 fee per payment instruction (Option A) or to pay a fee calculated on a degressive basis (Option B), subject to the following modifications:

                                                         (i)

                                                         for Option B, the limits of the bands relating to volume of payment instructions are divided by two; and

                                                         (ii)

                                                         a monthly fixed fee of EUR 150 (under Option A) or EUR 1 875 (under Option B) shall be charged in addition to Fixed Fee I and Fixed Fee II.

                                 5.

                                 Any fee payable in relation to a payment instruction submitted or payment received by an ancillary system, via either the participant interface or the ASI, shall be exclusively charged to this ancillary system. The Governing Council may establish more detailed rules for the determination of billable transactions settled via the ASI.

                                 6.

                                 Each ancillary system shall receive an invoice from its respective ASCB for the previous month based on the fees referred to in paragraph 4, no later than the fifth business day of the following month. Payments shall be made no later than the 10th business day of this month to the account specified by the ASCB or shall be debited from an account specified by the ancillary system.

                                 7.

                                 For the purposes of this paragraph, each ancillary system that has been designated under Directive 98/26/EC shall be treated separately, even if two or more of them are operated by the same legal entity. The same rule shall apply to the ancillary systems that have not been designated under Directive 98/26/EC, in which case the ancillary systems shall be identified by reference to the following criteria: (a) a formal arrangement, based on a contractual or legislative instrument, e.g. an agreement among the participants and the system operator; (b) multiple membership; (c) common rules and standardised arrangements; (d) for the clearing, netting or settlement of payments or securities between the participants.’.


title: Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP

text:
               21.9.2016

               EN

               Official Journal of the European Union

               L 255/25

         COUNCIL DECISION (CFSP) 2016/1693
   of 20 September 2016
   concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 19 October 2001, the European Council declared that it was determined to combat terrorism in every form throughout the world and that it would continue its efforts to strengthen the coalition of the international community to combat terrorism in every shape and form.

               (2)

               On 16 January 2002, the United Nations Security Council (‘UNSC’) adopted Resolution 1390 (2002) (‘UNSCR 1390 (2002)’) which expanded the measures imposed by UNSC Resolutions 1267 (1999) (‘UNSCR 1267 (1999)’) and 1333 (2000) (‘UNSCR 1333 (2000)’) to cover Usama bin Laden and members of the Al-Qaeda organisation and other individuals, groups, undertakings and entities associated with them, as designated by the Committee established pursuant to UNSCR 1267 (1999).

               (3)

               UNSCR 1390 (2002) adjusts the scope of the sanctions in regard to the freezing of funds, the visa ban and the embargo on the supply, sale or transfer of arms as well as on technical advice, assistance or training related to military activities imposed by UNSCR 1267 (1999) and UNSCR 1333 (2000).

               (4)

               UNSCR 1390 (2002) was adopted by the UNSC on the basis of Chapter VII of the Charter of the United Nations, which allows the UNSC to take all necessary measures for the maintenance of international peace and security.

               (5)

               Those measures, adopted by the UNSC in the context of the fight against international terrorism, have been transposed in the Union law by Common Position 2002/402/CFSP (1), adopted by the Council in the framework of the Union's Common Foreign and Security Policy, and by Council Regulation (EC) No 881/2002 (2).

               (6)

               On 17 December 2015, the UNSC adopted Resolution 2253 (2015) (‘UNSCR 2253 (2015)’) expanding the scope of the measures imposed by UNSCR 1390 (2002) to individuals, groups, undertakings or entities associated with the Islamic State in Iraq and the Levant (‘ISIL (Da'esh)’) and reiterating its unequivocal condemnation of ISIL (Da'esh), Al-Qaeda and associated individuals, groups, undertakings and entities for ongoing and multiple criminal terrorist acts aimed at causing the deaths of innocent civilians and other victims, destruction of property and greatly undermining stability.

               (7)

               In that context, UNSCR 2253 (2015) re-emphasised that sanctions in support of countering terrorism are an important tool in the maintenance and restoration of international peace and security and recalled that ISIL (Da'esh) is a splinter group of Al-Qaeda and that any individual, group, undertaking or entity supporting ISIL (Da'esh) is eligible for listing by the United Nations (‘UN’).

               (8)

               ISIL (Da'esh) and Al-Qaeda constitute a threat to international peace and security. Restrictive measures adopted by the Union in the context of the fight against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them, fall within the objectives of the Union's Common Foreign and Security Policy as set out in Article 21(2)(c) of the Treaty.

               (9)

               In view of the threat posed by ISIL (Da'esh) and Al-Qaeda, the Council should be able to impose targeted restrictive measures on any individual regardless of nationality or citizenship, or on any entity responsible for terrorist actions on behalf or in support of ISIL (Da'esh) and Al-Qaeda, in accordance with the criteria set out in this Decision.

               (10)

               The aim of such targeted measures is to prevent actions on behalf or in support of ISIL (Da'esh) and Al-Qaeda.

               (11)

               It is necessary to provide for restrictions on the entry into and transit through the territories of Member States by ISIL (Da'esh) and Al-Qaeda and by persons associated with them, including those who are nationals of a Member State. Without prejudice to the responsibilities of Member States for safeguarding internal security, such restrictions should not prevent designated nationals of a Member State from transiting through another Member State in order to return to the Member State of their nationality, nor should they prevent designated family members of nationals of a Member State from transiting through another Member State for the same purpose.

               (12)

               UNSCR 1373 (2001) provides that where UN Member States have identified persons or entities as engaged in terrorist actions, appropriate measures should be taken.

               (13)

               At the same time, the measures implementing UNSCRs 1267 (1999), 1390 (2002) and 2253 (2015) as Union law should be amended to reflect the provisions of relevant resolutions of the UNSC.

               (14)

               In accordance with the case-law of the Court of Justice of the European Union, when the Council decides to include the name of a person or entity on the list in the Annex, it must give individual, specific and concrete reasons for doing so, and such a decision must be taken on a sufficiently solid factual basis.

               (15)

               For the sake of clarity and legal certainty the restrictive measures imposed by Common Position 2002/402/CFSP as amended by subsequent Decisions should be consolidated into a new legal instrument and include provisions allowing the Council to impose restrictive measures on persons and entities.

               (16)

               Common Position 2002/402/CFSP should therefore be repealed and replaced by this Decision.

               (17)

               Further action by the Union is needed in order to implement certain measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The direct or indirect supply, sale, transfer or export of arms or related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts, to any individual, group, undertaking or entity designated by the UNSC pursuant to UNSCRs 1267 (1999), 1333 (2000) and 2253 (2015), as updated by the Committee established pursuant to UNSCR 1267 (1999) (‘the Committee’), or designated by the Council, or to those acting on their behalf or at their direction, by nationals of Member States or from or through the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.
   2.   It shall be prohibited to:

               (a)

               provide technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly to any individual, group, undertaking or entity referred to in paragraph 1;

               (b)

               provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, brokering services and other services directly or indirectly to any individual, group, undertaking or entity referred to in paragraph 1;

               (c)

               participate knowingly and intentionally in activities the object or effect of which is to circumvent the prohibitions referred to in point (a) or (b) of this paragraph.

         Article 2
   1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons, designated and subject to travel restrictions by the UNSC pursuant to UNSCRs 1267 (1999), 1333 (2000) and 2253 (2015) or by the Committee, identified as:

               (a)

               participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;

               (b)

               supplying, selling or transferring arms and related materiel to;

               (c)

               recruiting for, or otherwise supporting acts or activities of,

         Al-Qaeda, ISIL (Da'esh), or any cell, affiliate, splinter group or derivative thereof; or

               (d)

               being controlled directly or indirectly by, or otherwise supporting, any individual, group, undertaking or entity associated with Al-Qaeda or ISIL (Da'esh), included on the ISIL (Da'esh) and Al-Qaeda Sanctions List.

         2.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons:

               (a)

               associated with ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by:

                           (i)

                           participating in the financing of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, or in the financing of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of them;

                           (ii)

                           participating in the planning, facilitating, preparing, or perpetrating of acts or activities or providing or receiving of terrorist training such as instruction related to arms, explosive devices or other methods or technologies with the purpose of committing terrorist acts by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;

                           (iii)

                           engaging in trade with ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, in particular of oil, oil products, modular refineries and related material, as well as trade in other natural resources and trade in cultural property;

                           (iv)

                           supplying, selling or transferring arms and related materiel to ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;

               (b)

               travelling or seeking to travel outside of the Union for the purpose of:

                           (i)

                           the perpetration, planning, or preparation of, or participation in, terrorist acts on behalf or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;

                           (ii)

                           the providing or receiving of terrorist training, on behalf or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof; or

                           (iii)

                           otherwise supporting ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;

               (c)

               seeking to travel into the Union for the same purpose as referred to in point (b) or to participate in acts or activities in conjunction with, under the name of, on behalf or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;

               (d)

               recruiting for, or otherwise supporting acts or activities of, ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof, including by:

                           (i)

                           providing or collecting, by any means, directly or indirectly, funds in order to finance the travelling of individuals, for the purpose referred to in points (b) and (c); organising the travel of individuals for the purpose referred to in points (b) and (c), or otherwise facilitating it for that purpose;

                           (ii)

                           soliciting another person to participate in acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;

               (e)

               inciting or publicly provoking acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by encouraging or glorifying such acts or activities thereby causing a danger that terrorist acts may be committed;

               (f)

               being involved or complicit in ordering or committing serious abuses of human rights, including abduction, rape, sexual violence, forced marriage and enslavement of persons, outside the territory of the Union, on behalf or in the name of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof,

         as listed in the Annex.
   3.   Paragraphs 1 and 2 shall not oblige a Member State to refuse its own nationals entry into its territory.
   4.   Paragraph 1 shall not apply where entry or transit is necessary for the fulfilment of a judicial process, or when the Committee determines that entry or transit is justified.
   5.   Member States may grant exemptions from the measures imposed under paragraph 2 where travel is justified:

               (a)

               on the grounds of urgent humanitarian need;

               (b)

               for the purpose of a judicial process; or

               (c)

               where a Member State is bound by an obligation towards an international organisation.

         6.   A Member State wishing to grant the exemptions referred to in paragraph 5 shall notify the Council in writing. With regard to points (a) and (b) of paragraph 5, the exemption shall be deemed to be granted unless one or more Council members raise an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more Council members raise an objection, the Council, acting by qualified majority, may decide to grant the proposed exemption.
   7.   Where, pursuant to paragraph 5, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
   Article 3
   1.   All funds, other financial assets and economic resources, owned or controlled, directly or indirectly, by persons, groups, undertakings and entities designated and subject to an asset freeze by the UNSC pursuant to UNSCRs 1267 (1999), 1333 (2000) and 2253 (2015), or by the Committee, identified as:

               (a)

               participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;

               (b)

               supplying, selling or transferring arms and related materiel to;

               (c)

               recruiting for, or otherwise supporting acts or activities of,

         Al-Qaeda, ISIL (Da'esh), or any cell, affiliate, splinter group or derivative thereof; or

               (d)

               being owned or controlled directly or indirectly by, or otherwise supporting, any individual, group, undertaking or entity associated with ISIL (Da'esh) or Al-Qaeda, included on the ISIL (Da'esh) and Al-Qaeda Sanctions List, or by a third party acting on their behalf or at their direction,

         shall be frozen.
   2.   No funds, other financial assets or economic resources shall be made available, directly or indirectly to or for the benefit of natural or legal persons referred to in paragraph 1.
   3.   All funds, other financial assets and economic resources, owned or controlled directly or indirectly, by persons, groups, undertakings and entities:

               (a)

               associated with ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by:

                           (i)

                           participating in the financing of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, or in the financing of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of them;

                           (ii)

                           participating in the planning, facilitating, preparing, or perpetrating of acts or activities or providing or receiving of terrorist training such as instruction related to arms, explosive devices or other methods or technologies with the purpose of committing terrorist acts by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;

                           (iii)

                           engaging in trade with ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, in particular of oil, oil products, modular refineries and related material, as well as trade in other natural resources and trade in cultural property;

                           (iv)

                           supplying, selling or transferring arms and related materiel to ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;

               (b)

               travelling or seeking to travel outside of the Union for the purpose of:

                           (i)

                           the perpetration, planning, or preparation of, or participation in, terrorist acts on behalf or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;

                           (ii)

                           the providing or receiving of terrorist training, on behalf or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof; or

                           (iii)

                           otherwise supporting ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;

               (c)

               seeking to travel into the Union for the purpose referred to in point (b) or to participate in acts or activities in conjunction with, under the name of, on behalf or in support of ISIL (Da'esh,) Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;

               (d)

               recruiting for or otherwise supporting acts or activities of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof, including by:

                           (i)

                           providing or collecting, by any means, directly or indirectly, funds in order to finance the travelling of individuals, for the purpose referred to in points (b) and (c); organising the travel of individuals for the purpose referred to in points (b) and (c), or otherwise facilitating it for that purpose;

                           (ii)

                           soliciting another person to participate in acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;

               (e)

               inciting or publicly provoking acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by encouraging or glorifying such acts or activities thereby causing a danger that terrorist acts may be committed;

               (f)

               being involved or complicit in ordering or committing serious abuses of human rights, including abduction, rape, sexual violence, forced marriage and enslavement of persons, outside the territory of the Union, on behalf or in the name of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof,

         as listed in the Annex, shall be frozen.
   4.   No funds, other financial assets or economic resources shall be made available, directly or indirectly to or for the benefit of the natural or legal persons referred to in paragraph 3.
   5.   By way of derogation from paragraphs 1, 2, 3 and 4, exemptions may be made for funds, financial assets and economic resources which are:

               (a)

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

               (b)

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

               (c)

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

         Those exemptions shall only be made after notification by the Member State concerned to the Committee, where appropriate, of the intention to authorise access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within three working days of such notification.
   6.   By way of derogation from paragraphs 1, 2, 3 and 4, exemptions may also be made for funds, financial assets and economic resources which are necessary for extraordinary expenses provided that such determination has been notified by the competent authority of the Member State to the Committee, where applicable, and has been approved by the Committee.
   7.   Paragraph 3 shall not prevent a designated person or entity from making a payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraphs 1 and 3.
   8.   By way of derogation from paragraph 3, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources provided the following conditions are met:

               (a)

               the funds or economic resources are subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 3 was listed in the Annex, of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to, on or after that date;

               (b)

               the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

               (c)

               the decision is not for the benefit of a natural or legal person, entity or body listed in the Annex; and

               (d)

               recognising the decision is not contrary to public policy in the Member State concerned.

         The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph.
   9.   Paragraphs 2 and 4 shall not apply to the addition of payments to frozen accounts of persons and entities referred to in paragraphs 1 and 3 provided that any such payments are frozen.
   Article 4
   No claims, including claims for compensation or any other claim of this type, such as a claim for set-off or a claim under a guarantee, in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures decided upon pursuant to UNSCRs 1267 (1999), 1333 (2000) and 2253 (2015), including measures of the Union or any Member State in accordance with, as required by or in any connection with, the implementation of the relevant decisions of the UNSC or measures covered by this Decision, shall be granted to the designated persons or entities designated by the UN or listed in the Annex or any person or entity claiming through or for the benefit of any such person or entity.
   Article 5
   1.   The Council, acting by unanimity on a proposal from a Member State or from the High Representative of the Union for Foreign Affairs and Security Policy, shall establish the list in the Annex and adopt modifications thereto.
   2.   The Council shall communicate the decision referred to in paragraph 1, including the statement of reasons, to the natural or legal person, group, undertaking and entity concerned, either directly, if the address is known, or through the publication of a notice, providing such natural or legal person, group, undertaking or entity with an opportunity to present observations.
   3.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review the decision referred to in paragraph 1 and inform the natural or legal person, group, undertaking or entity concerned accordingly.
   4.   By way of derogation from paragraph 1, if a Member State considers that there has been a substantial change of circumstances affecting the designation of a listed person or entity, the Council, acting by a qualified majority on a proposal from that Member State, may decide to remove the name of such person or entity from the list in the Annex.
   Article 6
   1.   This Decision shall be reviewed, amended or repealed as appropriate, in particular in the light of relevant decisions by the UNSC or by the Committee.
   2.   The measures referred to in Article 2(2) and Article 3(3) and (4) shall be reviewed at regular intervals and at least every 12 months.
   3.   Where observations are submitted by a person or entity designated in accordance with Article 2(2) or Article 3(3) and (4), the Council shall review the designation in light of those observations and the measures shall cease to apply if the Council determines, in accordance with the procedure referred to in Article 5, that the conditions for their application are no longer met.
   4.   If a further request is made, based on substantial new evidence, to remove a person or entity from the Annex, the Council shall conduct a further review in accordance with paragraph 3.
   5.   The measures referred to in Article 2(2) and Article 3(3) and (4) shall apply until 23 September 2017.
   Article 7
   Common Position 2002/402/CFSP is repealed and replaced by this Decision.
   Article 8
   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, 20 September 2016.

            For the Council

            The President

         I. KORČOK

      (1)  Council Common Position 2002/402/CFSP of 27 May 2002 concerning restrictive measures against members of the ISIL (Da'esh) and Al-Qaida organisations, and other individuals, groups, undertakings and entities associated with them (OJ L 139, 29.5.2002, p. 4).

      (2)  Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (OJ L 139, 29.5.2002, p. 9).

      ANNEX

         List of persons, groups, undertakings and entities referred to in Articles 2 and 3


title: 2011/749/: Decision of the European Central Bank of 15 November 2011 amending Decision ECB/2007/7 concerning the terms and conditions of TARGET2-ECB (ECB/2011/19)

text:
               22.11.2011

               EN

               Official Journal of the European Union

               L 303/44

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 15 November 2011
   amending Decision ECB/2007/7 concerning the terms and conditions of TARGET2-ECB
   (ECB/2011/19)
   (2011/749/EU)
   THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 and Articles 17, 22 and 23 thereof,
   Having regard to Guideline ECB/2007/2 of 26 April 2007 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (1), and in particular Article 6(2) thereof,
   Whereas:

               (1)

               Guideline ECB/2007/2 has been amended by Guideline ECB/2011/15 of 14 October 2011 amending Guideline ECB/2007/2 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (2), inter alia, (a) to include the ‘grounds of prudence’ among the criteria on the basis of which an application for participation in TARGET2 may be rejected, and a participant’s participation in TARGET2 or its access to intraday credit might be suspended, limited or terminated; and (b) to reflect new requirements for TARGET2 participants related to the administrative and restrictive measures introduced pursuant to Articles 75 and 215 of the Treaty.

               (2)

               Therefore, it is necessary to amend the Annex to Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (3) to incorporate certain elements from Guideline ECB/2011/15 into the terms and conditions of TARGET2-ECB,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendment of the terms and conditions of TARGET2-ECB
   The Annex to Decision ECB/2007/7 which contains the terms and conditions of TARGET2-ECB is amended in accordance with the Annex to this Decision.
   Article 2
   Entry into force
   This Decision shall enter into force on 21 November 2011.

      Done at Frankfurt am Main, 15 November 2011.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 237, 8.9.2007, p. 1.

      (2)  OJ L 279, 26.10.2011, p. 5.

      (3)  OJ L 237, 8.9.2007, p. 71.

      ANNEX
      The Annex to Decision ECB/2007/7 is amended as follows:

                  (1)

                  in Article 1 the following definitions are replaced:

                              ‘—

                              “payee”, except where used in Article 33, means a TARGET2 participant whose PM account will be credited as a result of a payment order being settled,

                              —

                              “payer”, except where used in Article 33, means a TARGET2 participant whose PM account will be debited as a result of a payment order being settled,’;

                  (2)

                  Article 6(4)(c) is replaced by the following:

                              ‘(c)

                              in the ECB’s assessment, such participation would endanger the overall stability, soundness and safety of TARGET2-ECB or of any other TARGET2 component system, would jeopardise the ECB’s performance of its tasks as described in the Statute of the European System of Central Banks and of the European Central Bank, or poses risks on the grounds of prudence.’;

                  (3)

                  Article 28(2)(e) and (f) is replaced by the following:

                              ‘(e)

                              any other participant-related event occurs which, in the ECB’s assessment, would threaten the overall stability, soundness and safety of TARGET2-ECB or of any other TARGET2 component system, which would jeopardise the ECB’s performance of its tasks as described in the Statute of the European System of Central Banks and of the European Central Bank, or poses risks on the grounds of prudence;

                              (f)

                              the ECB suspends, limits or terminates the participant’s access to intraday credit pursuant to paragraph 12 of Annex III to Guideline ECB/2007/2.’;

                  (4)

                  Article 33 is amended as follows:

                              (a)

                              the title ‘Data protection, prevention of money laundering and related issues’ is replaced by ‘Data protection, prevention of money laundering, administrative or restrictive measures and related issues’;

                              (b)

                              the following paragraph 3 is added:
                              ‘3.   Participants, when acting as the payment service provider of a payer or payee, shall comply with all requirements resulting from administrative or restrictive measures imposed pursuant to Article 75 or 215 of the Treaty on the Functioning of the European Union, including with respect to notification and/or obtaining consent from a competent authority in relation to the processing of transactions. In addition:

                                          (a)

                                          when the ECB is the payment service provider of a participant that is a payer:

                                                      (i)

                                                      the participant shall make the required notification or obtain consent on behalf of the central bank that is primarily required to make notification or obtain consent, and shall provide the ECB with evidence of having made a notification or having received consent; and

                                                      (ii)

                                                      the participant shall not enter any credit transfer order into TARGET2 until it has obtained confirmation from the ECB that the required notification has been made or the consent has been obtained by or on behalf of the payment service provider of the payee;

                                          (b)

                                          when the ECB is a payment service provider of a participant that is a payee, the participant shall make the required notification or obtain consent on behalf of the central bank that is primarily required to make notification or obtain consent, and shall provide the ECB with evidence of having made a notification or having received consent.

                                    For the purposes of this paragraph, the terms “payment service provider”, “payer” and “payee” shall have the meanings given to them in the applicable administrative or restrictive measures.’.


title: Council Decision 2005/83/CFSP of 31 January 2005 implementing Common Position 2004/293/CFSP renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

text:
               2.2.2005

               EN

               Official Journal of the European Union

               L 29/50

      COUNCIL DECISION 2005/83/CFSP
   of 31 January 2005
   implementing Common Position 2004/293/CFSP renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Common Position 2004/293/CFSP (1) and in particular Article 2 thereof, in conjunction with Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               By Common Position 2004/293/CFSP the Council adopted measures to prevent the entry into, or transit through, the territories of Member States of individuals who are engaged in activities which help persons at large continue to evade justice for crimes for which the International Criminal Tribunal for the former Yugoslavia (ICTY) has indicted them or are otherwise acting in a manner which could obstruct the ICTY's effective implementation of its mandate.

               (2)

               On 28 June 2004 the Council adopted Decision 2004/528/CFSP, which amended the list contained in the Annex to Common Position 2004/293/CFSP.

               (3)

               Following recommendations from the office of the High Representative for Bosnia and Herzegovina, further individuals should be targeted by those measures.

               (4)

               The list contained in the Annex to Common Position 2004/293/CFSP should be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The list of persons set out in the Annex to Common Position 2004/293/CFSP shall be replaced by the list set out in the Annex to this Decision.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 31 January 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 94, 31.3.2004, p. 65. Common Position as last amended by Decision 2004/528/CFSP (OJ L 233, 2.7.2004, p. 15).

      ANNEX
      List of persons referred to in Article 1

                  1.

                  BAGIC, Zeljko
                  Son of Josip
                  Date of birth/Place of birth: 29.3.1960, Zagreb
                  Passport No:
                  ID Card No:
                  Personal ID No:
                  Aliases: Cicko
                  Address:

                  2.

                  BILBIJA, Milorad
                  Son of Svetko Bilbija
                  Date of birth/Place of birth: 13.8.1956, Sanski Most.
                  Passport No: 3715730
                  ID Card No: 03GCD9986
                  Personal ID No: 1308956163305
                  Aliases:
                  Address: Brace Pantica 7, Banja Luka

                  3.

                  BJELICA, Milovan
                  Son of
                  Date of birth/Place of birth: 19.10.1958, Rogatica, Bosnia and Herzegovina, SFRY
                  Passport No: 0000148 issued 26.7.1998 in Srpsko Sarajevo (annulled)
                  ID Card No: 03ETA0150
                  Personal ID No: 1910958130007
                  Aliases: Cicko
                  Address: CENTREK Company in Pale

                  4.

                  CESIC, Ljubo
                  Son of Jozo
                  Date of birth/Place of birth: 20.2.1958 or 9.6.1966 (reference document from Croatian Ministry of Justice), Batin, Posusje, SFRY
                  Passport No:
                  ID Card No:
                  Personal ID No:
                  Aliases: Rojs
                  Address: V Poljanice 26, Dubrava, Zagreb also resides at Novacka 62c, Zagreb

                  5.

                  DILBER, Zeljko
                  Son of Drago
                  Date of birth/Place of birth: 2.2.1955, Travnik
                  Passport No:
                  ID No: 185581
                  Personal ID No:
                  Aliases:
                  Address: 17 Stanka Vraza, Zadar

                  6.

                  ECIM, Ljuban
                  Son of
                  Date of birth/Place of birth: 6.1.1964, Sviljanac, Bosnia and Herzegovina, SFRY
                  Passport No: 0144290 issued 21.11.1998 in Banja Luka. (Annulled)
                  ID Card No: 03GCE3530
                  Personal ID No: 0601964100083
                  Aliases:
                  Address: Ulica Stevana Mokranjca 26, Banja Luka, BiH

                  7.

                  JOVICIC, Predrag
                  Son of Desmir Jovicic
                  Date of birth/Place of birth: 1.3.1963, Pale
                  Passport No: 4363551
                  ID Card No: 03DYA0852
                  Personal ID No: 0103963173133
                  Aliases:
                  Address: Milana Simovica 23, Pale, Pale-RS

                  8.

                  KARADZIC, Aleksandar
                  Son of
                  Date of birth/Place of birth: 14.5.1973, Sarajevo Centar, Bosnia and Herzegovina, SFRY
                  Passport No: 0036395. Expired 12.10.1998
                  ID Card No:
                  Personal ID No:
                  Aliases: Sasa
                  Address:

                  9.

                  KARADZIC, Ljiljana (maiden name: ZELEN)
                  Daughter of Vojo and Anka
                  Date of birth/Place of birth: 27.11.1945, Sarajevo Centar, Bosnia and Herzegovina, SFRY
                  Passport No/ID No:
                  ID Card No:
                  Personal ID No:
                  Aliases:
                  Address:

                  10.

                  KESEROVIC, Dragomir
                  Son of Slavko
                  Date of birth/Place of birth: 8.6.1957, Piskavica/Banja Luka
                  Passport No: 4191306
                  ID Card No: 04GCH5156
                  Personal ID No: 0806957100028
                  Aliases:
                  Address:

                  11.

                  KIJAC, Dragan
                  Son of
                  Date of birth/Place of birth: 6.10.1955, Sarajevo
                  Passport No:
                  ID Card No:
                  Personal ID No:
                  Aliases:
                  Address:

                  12.

                  KOJIC, Radomir
                  Son of Milanko and Zlatana
                  Date of birth/Place of birth: 23.11.1950, Bijela Voda, Sokolac Canton, Bosnia and Herzegovina, SFRY
                  Passport No: 4742002 Issued on 2002 in Sarajevo. Date of expiry 2007;
                  ID Card No: 03DYA1935. Issued on 7 July 2003 in Sarajevo.
                  Personal ID No: 2311950173133
                  Aliases: Mineur or Ratko
                  Address: 115 Trifka Grabeza, Pale or Hotel KRISTAL, Jahorina

                  13.

                  KOVAC, Tomislav
                  Son of Vaso
                  Date of birth/Place of birth: 4.12.1959, Sarajevo, Bosnia and Herzegovina, SFRY
                  Passport No:
                  ID Card No:
                  Personal ID No: 0412959171315
                  Aliases: Tomo
                  Address: Bijela, Montenegro; and Pale, Bosnia and Herzegovina

                  14.

                  KRASIC, Petar
                  Son of
                  Date of birth/Place of birth:
                  Passport No:
                  ID Card No:
                  Personal ID No:
                  Aliases:
                  Address:

                  15.

                  KUJUNDZIC, Predrag
                  Son of Vasilija
                  Date of birth/Place of birth: 30.1.1961, Suho Pole, Doboj, Bosnia and Herzegovina, SFRY
                  Passport No:
                  ID Card No: 03GFB1318
                  Personal ID No: 3001961120044
                  Aliases: Predo
                  Address: Doboj, Bosnia and Herzegovina

                  16.

                  LUKOVIC, Milorad Ulemek
                  Son of
                  Date of birth/Place of birth: 15.5.1968, Belgrade, Serbia, SFRY
                  Passport No:
                  ID Card No:
                  Personal ID No:
                  Aliases: Legija (Forged ID as IVANIC, Zeljko)
                  Address: on the run

                  17.

                  MAKSAN, Ante
                  Son of Blaz
                  Date of birth/Place of birth: 7.2.1967, Pakostane, near Zadar
                  Passport No: 1944207
                  ID Card No:
                  Personal ID No:
                  Aliases: Djoni
                  Address: Proloska 15, Pakostane, Zadar

                  18.

                  MALIS, Milomir
                  Son of Dejan Malis
                  Date of birth/Place of birth: 3.8.1966, Bjelice
                  Passport No:
                  ID Card No:
                  Personal ID No: 0308966131572
                  Aliases:
                  Address: Vojvode Putnika, Foca/Srbinje

                  19.

                  MANDIC, Momcilo
                  Son of
                  Date of birth/Place of birth: 1.5.1954, Kalinovik, Bosnia and Herzegovina, SFRY
                  Passport No: 0121391 issued 12.5.1999 in Srpsko Sarajevo, Bosnia and Herzegovina (Annulled)
                  ID Card No:
                  Personal ID No: 0105954171511
                  Aliases: Momo
                  Address: GITROS Discotheque in Pale

                  20.

                  MARIC, Milorad
                  Son of Vinko Maric
                  Date of birth/Place of birth: 9.9.1957, Visoko
                  Passport No: 4587936
                  ID Card No: 04GKB5268
                  Personal ID No: 0909957171778
                  Aliases:
                  Address: Vuka Karadzica 148, Zvornik

                  21.

                  MICEVIC, Jelenko
                  Son of Luka and Desanka, maiden name: Simic
                  Date of birth/Place of birth: 8.8.1947, Borci near Konjic, Bosnia and Herzegovina, SFRY
                  Passport No: 4166874
                  ID Card No: 03BIA3452
                  Personal ID No: 0808947710266
                  Aliases: Filaret
                  Address: Milesevo monastery, Serbia and Montenegro

                  22.

                  NINKOVIC, Milan
                  Son of Simo
                  Date of birth/Place of birth: 15.6.1943, Doboj
                  Passport No: 3944452
                  ID Card No: 04GFE3783
                  Personal ID No: 1506943120018
                  Aliases:
                  Address:

                  23.

                  OSTOJIC, Velibor
                  Son of Jozo
                  Date of birth/Place of birth: 8.8.1945, Celebici, Foca
                  Passport No:
                  ID Card No:
                  Personal ID No:
                  Aliases:
                  Address:

                  24.

                  OSTOJIC, Zoran
                  Son of Mico Ostojic
                  Date of birth/Place of birth: 29.3.1961, Sarajevo
                  Passport No:
                  ID Card No: 04BSF6085
                  Personal ID No: 2903961172656
                  Aliases:
                  Address: Malta 25, Sarajevo

                  25.

                  PAVLOVIC, Petko
                  Son of Milovan Pavlovic
                  Date of birth/Place of birth: 6.6.1957, Ratkovici
                  Passport No: 4588517
                  ID Card No: 03GKA9274
                  Personal ID No: 0606957183137
                  Aliases:
                  Address: Vuka Karadjica 148, Zvornik

                  26.

                  PETRAC, Hrvoje
                  Son of
                  Date of birth/Place of birth: 25.8.1955, Slavonski Brod
                  Passport No: Croatian passport number 01190016
                  ID Card No:
                  Personal ID No:
                  Aliases:
                  Address:

                  27.

                  POPOVIC, Cedomir
                  Son of Radomir Popovic
                  Date of birth/Place of birth: 24.3.1950, Petrovici
                  Passport No:
                  ID Card No: 04FAA3580
                  Personal ID No: 2403950151018
                  Aliases:
                  Address: Crnogorska 36, Bileca

                  28.

                  PUHALO, Branislav
                  Son of Djuro
                  Date of birth/Place of birth: 30.8.1963, Foca
                  Passport No:
                  ID Card No:
                  Personal ID No: 3008963171929
                  Aliases:
                  Address:

                  29.

                  RADOVIC, Nade
                  Son of Milorad Radovic
                  Date of birth/Place of birth: 26.1.1951, Foca
                  Passport No: old 0123256 (annulled)
                  ID Card No: 03GJA2918
                  Personal ID No: 2601951131548
                  Aliases:
                  Address: Stepe Stepanovica 12, Foca/Srbinje

                  30.

                  RATIC, Branko
                  Son of
                  Date of birth/Place of birth: 26.11.1957, MIHALJEVCI SL POZEGA, Bosnia and Herzegovina, SFRY
                  Passport No: 0442022 issued 17.9.1999 in Banja Luka.
                  ID Card No: 03GCA8959
                  Personal ID No: 2611957173132
                  Aliases:
                  Address: Ulica Krfska 42, Banja Luka, Bosnia and Herzegovina

                  31.

                  ROGULJIC, Slavko
                  Son of
                  Date of birth/Place of birth: 15.5.1952, SRPSKA CRNJA HETIN, Serbia, SFRY
                  Passport No: Valid passport 3747158 issued 12.4.2002 in Banja Luka. Date of expiry: 12.4.2007. Non-valid passport 0020222 issued 25.8.1988 in Banja Luka. Date of expiry: 25.8.2003
                  ID Card No: 04EFA1053
                  Personal ID No: 1505952103022
                  Aliases:
                  Address: 21 Vojvode Misica, Laktasi, Bosnia and Herzegovina

                  32.

                  SAROVIC, Mirko
                  Son of
                  Date of birth/Place of birth: 16.9.1956, Rusanovici-Rogatica
                  Passport No: 4363471 issued at Srpsko Sarajevo, expires on 8 October 2008
                  ID Card No: 04PEA4585
                  Personal ID No: 1609956172657
                  Aliases:
                  Address: Bjelopoljska 42, 71216 Srpsko Sarajevo

                  33.

                  SKOCAJIC, Mrksa
                  Son of Dejan Skocajic
                  Date of birth/Place of birth: 5.8.1953, Blagaj
                  Passport No: 3681597
                  ID Card No: 04GDB9950
                  Personal ID No: 0508953150038
                  Aliases:
                  Address: Trebinjskih Brigade, Trebinje

                  34.

                  SPAJIC, Ratomir
                  Date of birth/Place of birth: 8.4.1957, Konjic
                  Son of Krsto
                  Passport No: 3667966
                  ID Card No: 04DYA7675
                  Personal ID No: 0804957172662
                  Aliases:
                  Address:

                  35.

                  VRACAR, Milenko
                  Son of
                  Date of birth/Place of birth: 15.5.1956, Nisavici, Prijedor, Bosnia and Herzegovina, SFRY
                  Passport No: Valid passport 3865548 issued 29.8.2002 in Banja Luka. Date of expiry: 29.8.2007. Non-valid passports 0280280 issued 4.12.1999 in Banja Luka (date of expiry 4.12.2004) and 0062130 issued 16.9.1998 in Banja Luka
                  ID Card No: 03GCE6934
                  Personal ID No: 1505956160012
                  Aliases:
                  Address: 14 Save Ljuboje, Banja Luka, Bosnia and Herzegovina

                  36.

                  ZOGOVIC, Milan
                  Son of Jovan
                  Date of birth/Place of birth: 7.10.1939, Dobrusa
                  Passport No:
                  ID Card No:
                  Personal ID No:
                  Aliases:
                  Address:


Avis juridique important

|

32001D1005(01)

Council Decision of 27 September 2001 appointing the members of the Advisory Committee of the Euratom Supply Agency

Official Journal C 281 , 05/10/2001 P. 0003 - 0004

Council Decisionof 27 September 2001appointing the members of the Advisory Committee of the Euratom Supply Agency(2001/C 281/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third subparagraphs of Article 54 thereof,Having regard to Article X of the Statutes of the Euratom Supply Agency(1),Having regard to the Council Decision of 14 June 1999 appointing the members of the Advisory Committee of the Euratom Supply Agency(2),Having regard to the opinion of the Commission,Whereas:(1) The term of office of the members of the Advisory Committee of the Euratom Supply Agency expired on 28 March 2001;(2) The members of the Committee for the period from 29 March 2001 to 28 March 2003 should be appointed, having regard to the nominations submitted by the Governments of the Member States,HAS DECIDED AS FOLLOWS:Sole ArticleThe following persons are hereby appointed members of the Advisory Committee of the Euratom Supply Agency:>TABLE>Done at Brussels on 27 September 2001.For the CouncilThe PresidentR. Landuyt(1) OJ 27, 6.12.1958, p. 534. Statutes last amended by Decision 95/1/EC/Euratom/ECSC (OJ L 1, 1.1.1995, p. 1).(2) OJ C 186, 2.7.1999, p. 1.


Avis juridique important

|

31980D0178

80/178/EEC: Council Decision of 18 December 1979 concerning the conclusion of the Agreement on a concerted action project in the field of analysis of organic micropollutants in water (COST project 64b bis)

Official Journal L 039 , 15/02/1980 P. 0024 Greek special edition: Chapter 11 Volume 18 P. 0021

++++COUNCIL DECISION  OF 18 DECEMBER 1979  CONCERNING THE CONCLUSION OF THE AGREEMENT ON A CONCERTED ACTION PROJECT IN THE FIELD OF ANALYSIS OF ORGANIC MICROPOLLUTANTS IN WATER ( COST PROJECT 64B BIS )   ( 80/178/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DECISION 78/888/EEC OF 9 OCTOBER 1978 ADOPTING A EUROPEAN ECONOMIC COMMUNITY CONCERTED PROJECT IN THE FIELD OF ANALYSIS OF ORGANIC MICROPOLLUTANTS IN WATER ( 1 ) , AND IN PARTICULAR ARTICLE 6 ( 1 ) THEREOF ,  HAVING REGARD TO THE DRAFT DECISION SUBMITTED BY THE COMMISSION ,  WHEREAS , PURSUANT TO ARTICLE 6 ( 2 ) OF DECISION 78/888/EEC , THE COMMISSION HAS NEGOTIATED AN AGREEMENT WITH CERTAIN NON-MEMBER STATES INVOLVED IN EUROPEAN COOPERATION IN THE FIELD OF SCIENTIFIC AND TECHNICAL RESEARCH ( COST ) WITH A VIEW TO ENSURING THAT THE COMMUNITY PROJECT AND THE CORRESPONDING PROGRAMMES OF THESE STATES ARE HARMONIZED ;  WHEREAS THIS AGREEMENT SHOULD BE APPROVED ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE COMMUNITY-COST CONCERTATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY , NORWAY , PORTUGAL , SWEDEN AND SWITZERLAND , ON A CONCERTED ACTION PROJECT IN THE FIELD OF ANALYSIS OF ORGANIC MICROPOLLUTANTS IN WATER ( COST PROJECT 64B BIS ) IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .  THE TEXT OF THE AGREEMENT IS ANNEXED TO THIS DECISION .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSONS EMPOWERED TO SIGN THE AGREEMENT IN ORDER TO BIND THE COMMUNITY .  DONE AT BRUSSELS , 18 DECEMBER 1979 .  FOR THE COUNCIL  THE PRESIDENT  B . LENIHAN  ( 1 ) OJ NO L 311 , 4 . 11 . 1978 , P . 6 .


title: Council Decision of 17 December 1973 on the conclusion of the Agreement between the European Economic Community and the Lebanese Republic on the supply of common wheat a food aid

text:
No L 53 / 22                      Official Journal of the European Communities                       25 . 2 . 74
                                              COUNCIL DECISION
                                               of 17 December 1973
             on the conclusion of the Agreement between the European Economic Commu
              nity and the Lebanese Republic on the supply of common wheat as food aid
                                                     (74/88 / EEC)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             Having regard to the Treaty establishing the European Economic Community, and in
             particular Articles 113, 114 and 228 thereof ;
             Having regard to the recommendation from the Commission ;
             Whereas the European Economic Community has deposited a Declaration of provisional
             application of the 1971 Food Aid Convention ; whereas that Convention has been appli
             cable since 1 July 1971 ;
             Whereas by its letter of 25 August 1972, the Lebanese Republic has requested food aid ;
             Whereas in view of the cereal supply situation in the Lebanon , that country should be
             accorded, by way of gift, 5 000 metric tons of common wheat under the Community Food
             Aid Programme for 1972/73,
             HAS DECIDED AS FOLLOWS :
                                                       Article 1
             The Agreement between the European Economic Community and the Lebanese Republic
             on the supply of common wheat as food aid, the text of which is annexed to this Deci
             sion , is hereby concluded on behalf of the Community.
                                                       Article 2
             The President of the Council is hereby authorized to designate the persons empowered to
             sign the Agreement and to confer on them the necessary powers to bind the Community.
             Done at Brussels, 17 December 1973 .
                                                                        For t'u- Council
                                                                          The President
                                                                         I. NØRGAARD


				|

		52014PC0220

			Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 30 to the EEA Agreement, on specific provisions on the organization of cooperation in the field of statistics /* COM/2014/0220 final - 2014/0123 (NLE) */

			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
In order to ensure the requisite legal
security and homogeneity of the Internal Market, the EEA Joint Committee is to
integrate all the relevant Union legislation into the EEA Agreement as soon as
possible after its adoption.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
The draft Decision of the EEA Joint
Committee (annexed to the proposed Council Decision) aims to amend Protocol 30
to the EEA Agreement in order to incorporate Regulation (EU) No 1383/2013 of
the European Parliament and of the Council of 17 December 2013 amending
Regulation (EU) No 99/2013 on the European statistical programme 2013-17 into
Protocol 30 of the EEA Agreement.
Regulation (EU) No 99/2013 of the European
Parliament and of the Council[1]
was included into Protocol 30 of the EEA Agreement by Decision of the EEA Joint
Committee No 134/2013 of 8 July 2013[2].
As Regulation (EU) No 99/2013 set the financial envelope for the European
statistical programme for 2013 only, the inclusion was limited to the year
2013.
Regulation (EU) No 1383/2013 of 17 December
2013 sets the financial envelope for the period 2014 to 2017. The act is
included in Article 5 of Protocol 30 and changes are made reflecting the extended
period 2014 to 2017. In addition, the draft JCD amends Article 5(3) in order to
clarify that the EEA Statistical Programme is an annual programme.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
Article 1(3) of Council Regulation (EC) No
2894/94 concerning arrangements for implementing the EEA Agreement provides
that the Council establishes the position to be adopted on the Union’s behalf on such Decisions, on a proposal from the Commission.
The Commission submits the Draft Decision
of the EEA Joint Committee for adoption by the Council as the Union’s position.
The Commission would hope to be able to present it in the EEA Joint Committee
at the earliest possible opportunity.
2014/0123 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be adopted, on behalf
of the European Union, in the EEA Joint Committee concerning an amendment to
Protocol 30 to the EEA Agreement, on specific provisions on the organization of
cooperation in the field of statistics
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 338(1) in conjunction with
Article 218(9) thereof,
Having regard to Council Regulation (EC) No
2894/94 of 28 November 1994 concerning arrangements for implementing the
Agreement on the European Economic Area[3],
and in particular Article 1(3) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       The Agreement on the
European Economic Area (“the EEA Agreement”) entered into force on 1 January
1994,
(2)       Pursuant to Article 98 of
the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol
30 thereto,
(3)       Annex XXI to the EEA
Agreement contains specific provisions concerning statistics,
(4)       The EEA statistical
programme 2014 to 2017 should be based on Regulation (EU) No 99/2013 of the
European Parliament and of the Council[4]
as amended by Regulation (EU) No 1383/2013 of the European Parliament and of
the Council of 17 December 2013 amending Regulation (EU) No 99/2013 on the
European statistical programme 2013-17[5]
and should include those programme elements which are necessary for the
description and monitoring of all relevant economic, social and environmental
aspects of the European Economic Area,
(5)       The EEA statistical
programme 2003 to 2007 is no longer applicable and should consequently be
deleted under the EEA Agreement,
(6)       Protocol 30 to the EEA
Agreement should therefore be amended in order to allow for this extended
cooperation to take place from 1 January 2014,
(7)       The position of the Union in the EEA Joint Committee should be based on the attached draft Decision.
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken by the Union in the EEA Joint Committee on the proposed amendment to Protocol 30 to the EEA
Agreement shall be based on the draft Decision of the EEA Joint Committee
attached to this Decision.
Article 2
This Decision shall enter into force on the
day of its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 39, 9.2.2013, p. 12.
[2]               OJ L 345, 19.12.2013, p. 2.
[3]               OJ L 305, 30.11.1994, p. 6.
[4]               OJ L 39, 9.2.2013, p. 12.
[5]               OJ L 354, 28.12.2013, p. 84.
ANNEX
DECISION OF THE EEA JOINT COMMITTEE No .../2014
of
amending Protocol 30 to the EEA Agreement,
on specific provisions on the organization of cooperation in the field of
statistics
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European
Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,
Whereas:
(1)
The EEA statistical programme 2014 to 2017
should be based on Regulation (EU) No 99/2013 of the European Parliament and of
the Council[1]
as amended by Regulation (EU) No 1383/2013 of the European Parliament and of
the Council of 17 December 2013 amending Regulation (EU) No 99/2013 on the
European statistical programme 2013-17[2]
and should include those programme elements which are necessary for the
description and monitoring of all relevant economic, social and environmental
aspects of the European Economic Area,
(2)
The EEA statistical programme 2003 to 2007 is no
longer applicable and should consequently be deleted under the EEA Agreement,
(3)
Protocol 30 to the EEA Agreement should
therefore be amended in order to allow for this extended cooperation to take
place from 1 January 2014.
HAS ADOPTED THIS DECISION:
Article 1
Protocol 30 to the EEA Agreement shall be
amended as follows:
1.           The word ‘2013’ in the title of
Article 5 is replaced by the words ‘2013 to 2017’.
2.           The following is added in Article
5(1):
‘, as amended by:
-        32013 R 1383: Regulation (EU)
No 1383/2013 of the European Parliament and of the Council of 17 December 2013
(OJ L 354, 28.12.2013, p. 84).’
3.           The words ‘31 December 2013’ in
Article 5(2) are replaced by the words ‘31 December 2017’.
4.           The text of Article 5(3) is
replaced by the following:
‘A specific EEA Annual Statistical Programme
for 2013 to 2017 shall be developed jointly by the EFTA Statistical Office and
Eurostat. The EEA Annual Statistical Programme shall be based on a subset of,
and be drawn up in parallel with the annual work programme elaborated by the
Commission in accordance with Regulation (EU) No 99/2013. The EEA Annual Statistical
Programme shall be approved by the Contracting Parties according to their own
internal procedures.’
5.           The text of Article 5(4) is
replaced by the following:
‘The EFTA States shall contribute financially
in accordance with Article 82(1)(a) of the Agreement and the Financial
Regulations thereto to an amount representing 75 per cent of the amount shown
in budget lines 29 02 05 (European statistical programme 2013-17) and 29 01 04
05 (Statistical information policy – Expenditure on administrative management)
entered in the budget of the European Union for 2013 and to an amount
representing 75 per cent of the amount shown in budget lines 29 02 01 (European
statistical programme 2013-17) and 29 01 04 01 (Statistical information policy
– Expenditure on administrative management) entered in the budget of the
European Union for 2014 to 2017.’
6.           The text of Article 2 is deleted.
Article 2
This Decision shall enter into force on the
day following the last notification under Article 103(1) of the EEA Agreement*.
It shall apply from 1
January 2014.
Article 3
This Decision shall be published in the EEA
Section of, and in the EEA Supplement to, the Official Journal of the
European Union.
Done at Brussels,
                                                                       For
the EEA Joint Committee
                                                                       The
President

                                                                       The
Secretaries
                                                                       to the EEA
Joint Committee

[1]               OJ L 39, 9.2.2013, p. 12.
[2]               OJ L 354, 28.12.2013, p. 84.
*               [No constitutional requirements indicated.]
[Constitutional requirements indicated.]


Avis juridique important

|

E2003C0116(02)

Authorisation of State aid pursuant to Articles 61 and 63 of the EEA Agreement, Article 1(3) of Protocol 3 to the Surveillance and Court Agreement — EFTA Surveillance Authority decision not to raise objections

Official Journal C 010 , 16/01/2003 P. 0012 - 0012

Authorisation of State aid pursuant to Articles 61 and 63 of the EEA Agreement, Article 1(3) of Protocol 3 to the Surveillance and Court AgreementEFTA Surveillance Authority decision not to raise objections(2003/C 10/12)A copy of the decision may be obtained in the authentic language version upon request addressed to: EFTA Surveillance Authority Competition and State Aid Directorate Rue de Trèves/Trierstraat 74 B - 1040 Brussels.Date of adoption: 18 September 2002EFTA State: NorwayAid No: SAM 030.02.004Title: Support for film production companiesObjective: Culture (promotion of production and marketing of films), SMEsLegal basis: Annual budgetary allocation (State Budget, Chapter 334, post 50), Regulation on support to film production companies ("Forskrift om tilskudd til produksjonsselskaper")Form of aid: Grant, interest-free loanAmount of aid: Budgetary allocation for 2002 (5 % of allocations to Norwegian Film Fund): approximately NOK 10 million (approximately EUR 1,4 million)Aid intensity: "Project development grants": 50 %; "business development loans": 50 % for consultancy services to SMEs and 15 %/7,5 % for investment aid to SMEsDuration: Five years


Avis juridique important

|

31989D0004

89/4/EEC: Commission Decision of 21 December 1988 on the Advisory Committee on Fisheries

Official Journal L 005 , 07/01/1989 P. 0033 - 0034 Finnish special edition: Chapter 4 Volume 3 P. 0124  Swedish special edition: Chapter 4 Volume 3 P. 0124

*****COMMISSION  DECISION  of 21 December 1988  on the Advisory Committee on Fisheries  (89/4/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas an Advisory Committee on fisheries was set up by Commission Decision 71/128/EEC of 25 February 1971 (1), which text has been replaced by Decision 73/429/EEC of 31 October 1973 (2);  Whereas it is considered desirable, as a result of the accession of new Member States to the Community, to alter the rules fixing the apportionment of seats on this committee;  Whereas, moreover, the text of the abovementioned Decision requires certain minor alterations and it is therefore necessary for the sake of clarity to produce a completely new version of the text,  HAS DECIDED AS FOLLOWS:  Article 1  The text of Decision 73/429/EEC setting up an Advisory Committee of Fisheries is replaced as follows:  Article 1  1. There shall be attached to the Commission an Advisory Committee on Fisheries, hereinafter called the 'Committee'.  2. The Committee shall be composed of representatives of the following interests: producers and cooperatives in the fishing industry, credit institutions involved in fisheries, trade in fishery products, the fishery products industries, and the fishing and fishery products industries consumers.  Article 2  1. The Committee may be consulted by the Commission on any problem concerning the operation of Regulations relating to the common fisheries policy and in particular on measures to be adopted by the Commission under those Regulations and also on all social problems arising in the industry, with the exception of industrial disputes.  2. The chairman of the Committee may indicate to the Commission the desirabilty of consulting the Committee on any matter within the latter's competence on which its opinion has not been sought. He shall do so, in particular, at the request of one of the interests represented.  Article 3  1. The Committee shall consist of 45 members.  2. Seats on the Committee shall be apportioned as follows:  - 21 to representatives of producters of fishery products,  - three to representatives of fisheries cooperatives,  - one to a representative of commercial banks financing maritime activities (Banques commerciales pour les activités maritimes),  - two to representatives of specialized cooperative credit institutions,  - five to representatives of the trade in fishery products,  - five to representatives of the fishery industries,  - five to representatives of workers in the fishing and fishery products industries,  - three to consumers' representatives.  Article 4  1. Members of the Committee shall be appointed by the Commission on proposals from the trade, workers' organizations set up at Community level which are most representative of the interests specified in Article 1 (2); consumers' representatives shall be appointed on proposals from the Consumers' Advisory Committee.  Those bodies shall, for each seat to be filled, put forward the names of two candidates of different nationality.  2. The term of office for members of the Committee shall be three years. Their appointments may be renewed. Members shall not be remunerated for their services.  After expiry of the three years members of the Committee shall remain in office until they are replaced or until their appointments are renewed.  A member's term of office may be terminated before expiry of the three years by death or resignation.  It may also be terminated where the body which the member represents requests that he be replaced.  A person shall be appointed, in accordance with the procedure laid down in paragraph 1, to replace such member for the remainder of the term of office.  3. A list of the members of the Commission shall be published by the Commission for information purposes, in the Official Journal of the European Communities.  Article 5  The Committee shall, by a two-thirds majority of the members present, elect a chairman and two vice-chairmen for a period of three years.  The Committee may, by the like majority, elect further officers from among the other members. In that case, the officers other than the chairman shall consist at most of one representative of each interest represented on the Committee.  The officers shall prepare and organize the work of the Committee.  Article 6  A the request of any of the interests represented, the chairman may invite a person delegated by the interest concerned to be present at meetings of the Committee. He may likewise on such request invite any person with special qualification in any subject on the agenda to take part in an expert capacity in the deliberations of the Committee. Experts shall take part in discussions only of those questions on account of which they were invited.  Article 7  The Committee may set up working groups to assist it in carrying out its work.  Article 8  1. The Committee shall be convened by the Commission and shall meet at Commission headquarters. Meetings of the officers shall be convened by the chairman by arrangement with the Commission.  2. Representatives of the Commission departments concerned shall take part in meetings of the Committee, its officers and working groups.  3. Secretarial services for the Committee its officers and working groups shall be provided by the Commission.  Article 9  The Committee shall discuss matters on which the Commission has requested an opinion. No vote shall be taken.  The Commission may, when seeking the opinion of the Committee, set a time limit within which such opinion shall be given.  The views expressed by the various interests represented shall be included in a report forwarded to the Commission.  In the event of unanimous agreement being reached in the Committee on the opinion to be given, the Committee shall formulate joint conclusions and attach them to the report.  Article 10  Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Committee shall be under an obligation not to disclose information which has come to their knowledge through the work of the Committee or of its working groups.  In such cases, only Committee members and representatives of the Commission departments concerned may be present at meetings.'  Article 2  This Decision shall enter into force on 21 December 1988.  Done at Brussels, 21 December 1988.  For the Commission  António CARDOSO E CUNHA  Member of the Commission  (1) OJ No L 68, 22. 3. 1971, p. 18.  (2) OJ No L 355, 24. 12. 1973, p. 61.


Avis juridique important

|

31999D0515

99/515/EC, ECSC, Euratom: Council and Commission Decision of 31 May 1999 on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part

Official Journal L 205 , 04/08/1999 P. 0001 - 0002

COUNCIL AND COMMISSION DECISIONof 31 May 1999on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part(1999/515/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 308, in conjunction with the second sentence of Article 300(2) and the second subparagraph of Article 300(3) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 therof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,Having regard to the proposal from the Commission,Having regard to the assent of the European Parliament(1),Having consulted the ECSC Consultative Committee and with the assent of the Council,Having regard to the approval of the Council given in accordance with Article 101 of the Treaty establishing the European Atomic Energy Community,(1) Whereas conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, signed on 22 April 1996 in Luxembourg, will contribute to the achievement of the objectives of the European Communities;(2) Whereas the purpose of that Agreement is to strengthen the links established in particular by the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and commercial and economic cooperation, signed on 18 December 1989 and approved by Decision 90/116/EEC(2);(3) Whereas certain obligations, provided for by the Partnership and Cooperation Agreement outside the scope of Community trade policy, affect or are likely to affect the arrangements laid down by Community acts adopted in the areas of the right of establishment, transport and the treatment of enterprises;(4) Whereas the said Agreement imposes on the European Community certain obligations regarding capital movements and payments between the Community and Georgia;(5) Whereas, in addition, in so far as the said Agreement affects Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States(3), and Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States(4), which are based on Article 94 of the Treaty establishing the European Community, that Article should be used as a legal basis;(6) Whereas certain provisions of the said Agreement impose on the Community obligations in the field of the provision of services which go beyond the crossborder framework;(7) Whereas for certain provisions of the said Agreement which are to be implemented by the Community, the Treaty establishing the European Community makes no provision for specific powers; whereas it is therefore necessary to resort to Article 308 of the Treaty establishing the European Community,HAVE DECIDED AS FOLLOWS:Article 1The Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, together with the protocol, declarations and the Exchange of Letters, are hereby approved on behalf of the European Community, the European Coal and Steel Community and the European Atomic Energy Community.The texts are attached to this Decision.Article 21. The position to be taken by the Community within the Cooperation Council and within the Cooperation Committee when the latter is empowered to act by the Cooperation Council shall be laid down by the Council, on a proposal by the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community.2. In accordance with Article 82 of the Partnership and Cooperation Agreement, the President of the Council shall chair the Cooperation Council and shall present the Community's position. A representative of the Commission shall chair the Cooperation Committee in accordance with its rules of procedure and shall present the Community's position.3. The decision to publish the recommendations of the Cooperation Council and the Cooperation Committee in the Official Journal of the European Communities shall be taken on a case-by-case basis by the Council and the Commission.Article 3The President of the Council shall give the notification provided for in Article 104 of the Agreement on behalf of the European Community. The President of the Commission shall give such notification on behalf of the European Coal and Steel Community and the European Atomic Energy Community.Done at Brussels, 31 May 1999.For the CommissionThe PresidentJ. SANTERFor the CouncilThe PresidentO. SCHILY(1) OJ C 115, 14.4.1997, p. 187.(2) OJ L 68, 15.3.1990, p. 1.(3) OJ L 225, 20.8.1990, p. 1.(4) OJ L 225, 20.8.1990, p. 6.