title: 2010/145/CFSP: Council Decision 2010/145/CFSP of 8 March 2010 renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

text:
               9.3.2010

               EN

               Official Journal of the European Union

               L 58/8

         COUNCIL DECISION 2010/145/CFSP
   of 8 March 2010
   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 the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 16 April 2003, the Council adopted Common Position 2003/280/CFSP in support of the effective implementation of the mandate of the ICTY (1).

               (2)

               On 30 March 2004, the Council adopted 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) (2).

               (3)

               Common Position 2004/293/CFSP was extended for the last time by Common Position 2009/164/CFSP of 26 February 2009 renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (3) until 16 March 2010.

               (4)

               Persons indicted by the ICTY are still at large, and there is evidence that they are being assisted in their efforts to continue to evade justice.

               (5)

               The measures provided for in Common Position 2004/293/CFSP should be renewed for a further 12 months,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   Member States shall take the necessary measures to prevent the entry into, or transit through their territories of the persons listed in the Annex, who are engaged in activities which help persons at large continue to evade justice for crimes for which the ICTY has indicted them or are otherwise acting in a manner which could obstruct the ICTY’s effective implementation of its mandate.
   2.   Paragraph 1 will not oblige a Member State to refuse its own nationals entry into its territory.
   3.   Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

               (a)

               as a host country of an international intergovernmental organisation;

               (b)

               as a host country to an international conference convened by, or under the auspices of, the United Nations;

               (c)

               under a multilateral agreement conferring privileges and immunities; or

               (d)

               under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

         4.   Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
   5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.
   6.   Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the European Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly assists the ICTY in the implementation of its mandate.
   7.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption will be deemed to be granted unless one or more of the Council Members raises an objection in writing within 48 hours of receiving notification of the proposed exemption. In the event that one or more of the Council members raises an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
   8.   In cases where pursuant to paragraphs 3, 4, 6 and 7, 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 2
   The Council, acting upon a proposal by the High Representative of the Union for Foreign Affairs and Security Policy or a Member State, shall adopt modifications to the list contained in the Annex as required.
   Article 3
   In order to maximise the impact of the abovementioned measures, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.
   Article 4
   1.   This Decision shall take effect on the date of its adoption. It shall expire on 16 March 2011.
   2.   This Decision shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 8 March 2010.

            For the Council

            The President

         C. CORBACHO

      (1)  OJ L 101, 23.4.2003, p. 22.

      (2)  OJ L 94, 31.3.2004, p. 65.

      (3)  OJ L 55, 27.2.2009, p. 44.

      ANNEX
      1.   BILBIJA, Milorad
      Son of Svetko BILBIJA
      Date of birth/Place of birth: 13.8.1956, Sanski Most, Bosnia and Herzegovina
      Passport No: 3715730
      ID Card No: 03GCD9986
      Personal ID No: 1308956163305
      Aliases:
      Address: Brace Pantica 7, Banja Luka, Bosnia and Herzegovina
      2.   BJELICA, Milovan
      Date of birth/Place of birth: 19.10.1958, Rogatica, Bosnia and Herzegovina
      Passport No: 0000148, issued on 26.7.1998 in Srpsko Sarajevo (annulled)
      ID Card No: 03ETA0150
      Personal ID No: 1910958130007
      Aliases: Cicko
      Address: CENTREK Company in Pale, Bosnia and Herzegovina
      3.   ECIM (EĆIM), Ljuban
      Date of birth/Place of birth: 6.1.1964, Sviljanac, Bosnia and Herzegovina
      Passport No: 0144290, issued on 21.11.1998 in Banja Luka (annulled)
      ID Card No: 03GCE3530
      Personal ID No: 0601964100083
      Aliases:
      Address: Ulica Stevana Mokranjca 26, Banja Luka, Bosnia and Herzegovina
      4.   HADZIC (HADŽIĆ), Goranka
      Daughter of Branko and Milena HADZIC (HADŽIĆ)
      Date of birth/Place of birth: 18.6.1962, Vinkovci Municipality, Croatia
      Passport No:
      ID Card No: 1806962308218 (JMBG), ID Card No: 569934/03
      Aliases:
      Address: Aranj Janosa Street 9, Novi Sad, Serbia
      Relationship to person indicted for war crimes (PIFWC): sister of Goran HADZIC (HADŽIĆ)
      5.   HADZIC (HADŽIĆ), Ivana
      Daughter of Goran and Živka HADZIC (HADŽIĆ)
      Date of birth/Place of birth: 25.2.1983, Vukovar, Croatia
      Passport No:
      ID Card No:
      Aliases:
      Address: Aranj Janosa Street 9, Novi Sad, Serbia
      Relationship to PIFWC: daughter of Goran HADZIC (HADŽIĆ)
      6.   HADZIC (HADŽIĆ), Srecko (Srećko)
      Son of Goran and Živka HADZIC (HADŽIĆ)
      Date of birth/Place of birth: 8.10.1987, Vukovar, Croatia
      Passport No:
      ID Card No:
      Aliases:
      Address: Aranj Janosa Street 9, Novi Sad, Serbia
      Relationship to PIFWC: son of Goran HADZIC (HADŽIĆ)
      7.   HADZIC (HADŽIĆ), Zivka (Živka)
      Daughter of Branislav NUDIC (NUDIĆ)
      Date of birth/Place of birth: 9.6.1957, Vinkovci, Croatia
      Passport No:
      ID Card No:
      Aliases:
      Address: Aranj Janosa Street 9, Novi Sad, Serbia
      Relationship to PIFWC: spouse of Goran HADZIC (HADŽIĆ)
      8.   JOVICIC (JOVIČIĆ), Predrag
      Son of Desmir JOVICIC (JOVIČIĆ)
      Date of birth/Place of birth: 1.3.1963, Pale, Bosnia and Herzegovina
      Passport No: 4363551
      ID Card No: 03DYA0852
      Personal ID No: 0103963173133
      Aliases:
      Address: Milana Simovica 23, Pale, Bosnia and Herzegovina
      9.   KESEROVIC (KESEROVIĆ), Dragomir
      Son of Slavko
      Date of birth/Place of birth: 8.6.1957, Piskavica/Banja Luka, Bosnia and Herzegovina
      Passport No: 4191306
      ID Card No: 04GCH5156
      Personal ID No: 0806957100028
      Aliases:
      Address:
      10.   KIJAC, Dragan
      Date of birth/Place of birth: 6.10.1955, Sarajevo, Bosnia and Herzegovina
      Passport No:
      ID Card No:
      Personal ID No:
      Aliases:
      Address:
      11.   KOJIC (KOJIĆ), Radomir
      Son of Milanko and Zlatana
      Date of birth/Place of birth: 23.11.1950, Bijela Voda, Sokolac, Bosnia and Herzegovina
      Passport No: 4742002, issued in 2002 in Sarajevo (expired in 2007)
      ID Card No: 03DYA1935, issued on 7.7.2003 in Sarajevo
      Personal ID No: 2311950173133
      Aliases: Mineur or Ratko
      Address: 115 Trifka Grabeza, Pale, or Hotel KRISTAL, Jahorina, Bosnia and Herzegovina
      12.   KOVAC (KOVAČ), Tomislav
      Son of Vaso
      Date of birth/Place of birth: 4.12.1959, Sarajevo, Bosnia and Herzegovina
      Passport No:
      ID Card No:
      Personal ID No: 0412959171315
      Aliases: Tomo
      Address: Bijela, Montenegro; and Pale, Bosnia and Herzegovina
      13.   KUJUNDZIC (KUJUNDŽIĆ), Predrag
      Son of Vasilija
      Date of birth/Place of birth: 30.1.1961, Suho Pole, Doboj, Bosnia and Herzegovina
      Passport No:
      ID Card No: 03GFB1318
      Personal ID No: 3001961120044
      Aliases: Predo
      Address: Doboj, Bosnia and Herzegovina
      14.   LUKOVIC (LUKOVIĆ), Milorad Ulemek
      Date of birth/Place of birth: 15.5.1968, Belgrade, Serbia
      Passport No:
      ID Card No:
      Personal ID No:
      Aliases: Legija (forged ID as IVANIC, Zeljko (IVANIĆ, Željko))
      Address: incarcerated (Belgrade District Prison, Bacvanska 14, Belgrade)
      15.   MALIS (MALIŠ), Milomir
      Son of Dejan MALIS (MALIŠ)
      Date of birth/Place of birth: 3.8.1966, Bjelice
      Passport No:
      ID Card No:
      Personal ID No: 0308966131572
      Aliases:
      Address: Vojvode Putnika, Foca, Bosnia and Herzegovina
      16.   MANDIC (MANDIĆ), Momcilo (Momčilo)
      Date of birth/Place of birth: 1.5.1954, Kalinovik, Bosnia and Herzegovina
      Passport No: 0121391, issued on 12.5.1999 in Srpsko Sarajevo, Bosnia and Herzegovina (annulled)
      ID Card No:
      Personal ID No: 0105954171511
      Aliases: Momo
      Address: incarcerated
      17.   MARIC (MARIĆ), Milorad
      Son of Vinko MARIC (MARIĆ)
      Date of birth/Place of birth: 9.9.1957, Visoko, Bosnia and Herzegovina
      Passport No: 4587936
      ID Card No: 04GKB5268
      Personal ID No: 0909957171778
      Aliases:
      Address: Vuka Karadzica 148, Zvornik, Bosnia and Herzegovina
      18.   MICEVIC (MIČEVIĆ), Jelenko
      Son of Luka and Desanka, maiden name: SIMIC (SIMIĆ)
      Date of birth/Place of birth: 8.8.1947, Borci near Konjic, Bosnia and Herzegovina
      Passport No: 4166874
      ID Card No: 03BIA3452
      Personal ID No: 0808947710266
      Aliases: Filaret
      Address: Milesevo monastery, Serbia
      19.   MLADIC (MLADIĆ), Biljana (maiden name: STOJCEVSKA (STOJČEVSKA))
      Daughter of Strahilo STOJCEVSKI (STOJČEVSKI) and Svetlinka STOJCEVSKA (STOJČEVSKA)
      Date of birth/Place of birth: 30.5.1972, Skopje, former Yugoslav Republic of Macedonia
      Passport No:
      ID Card No: 3005972455086 (JMBG)
      Aliases:
      Address: registered at Blagoja Parovica 117a, Belgrade, but resides at Vidikovacki venac 83, Belgrade, Serbia
      Relationship to PIFWC: daughter-in-law of Ratko MLADIC (MLADIĆ)
      20.   MLADIC (MLADIĆ), Bosiljka (maiden name: JEGDIC (JEGDIĆ))
      Daughter of Petar JEGDIC (JEGDIĆ)
      Date of birth/Place of birth: 20.7.1947, Okrugljaca, Virovitica Municipality, Croatia
      ID Card No: 2007947455100 (JMBG)
      Personal ID Card: T77619, issued on 31.5.1992 by SUP Belgrade
      Address: Blagoja Parovica 117a, Belgrade, Serbia
      Relationship to PIFWC: wife of Ratko MLADIC (MLADIĆ)
      21.   MLADIC (MLADIĆ), Darko
      Son of Ratko and Bosiljka MLADIC (MLADIĆ)
      Date of birth/Place of birth: 19.8.1969, Skopje, former Yugoslav Republic of Macedonia
      Passport No: SCG passport No 003220335, issued on 26.2.2002
      ID Card No: 1908969450106 (JMBG); personal identity card B112059, issued on 8.4.1994 by SUP Belgrade
      Aliases:
      Address: Vidikovacki venac 83, Belgrade, Serbia
      Relationship to PIFWC: son of Ratko MLADIC (MLADIĆ)
      22.   NINKOVIC (NINKOVIĆ), Milan
      Son of Simo
      Date of birth/Place of birth: 15.6.1943, Doboj, Bosnia and Herzegovina
      Passport No: 3944452
      ID Card No: 04GFE3783
      Personal ID No: 1506943120018
      Aliases:
      Address:
      23.   OSTOJIC (OSTOJIĆ), Velibor
      Son of Jozo
      Date of birth/Place of birth: 8.8.1945, Celebici, Foca, Bosnia and Herzegovina
      Passport No:
      ID Card No:
      Personal ID No:
      Aliases:
      Address:
      24.   OSTOJIC (OSTOJIĆ), Zoran
      Son of Mico OSTOJIC (OSTOJIĆ)
      Date of birth/Place of birth: 29.3.1961, Sarajevo, Bosnia and Herzegovina
      Passport No:
      ID Card No: 04BSF6085
      Personal ID No: 2903961172656
      Aliases:
      Address: Malta 25, Sarajevo, Bosnia and Herzegovina
      25.   PAVLOVIC (PAVLOVIĆ), Petko
      Son of Milovan PAVLOVIC (PAVLOVIĆ)
      Date of birth/Place of birth: 6.6.1957, Ratkovici, Bosnia and Herzegovina
      Passport No: 4588517
      ID Card No: 03GKA9274
      Personal ID No: 0606957183137
      Aliases:
      Address: Vuka Karadjica 148, Zvornik, Bosnia and Herzegovina
      26.   POPOVIC (POPOVIĆ), Cedomir (Čedomir)
      Son of Radomir POPOVIC (POPOVIĆ)
      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, Bosnia and Herzegovina
      27.   PUHALO, Branislav
      Son of Djuro
      Date of birth/Place of birth: 30.8.1963, Foca, Bosnia and Herzegovina
      Passport No:
      ID Card No:
      Personal ID No: 3008963171929
      Aliases:
      Address:
      28.   RADOVIC (RADOVIĆ), Nade
      Son of Milorad RADOVIC (RADOVIĆ)
      Date of birth/Place of birth: 26.1.1951, Foca, Bosnia and Herzegovina
      Passport No: old 0123256 (annulled)
      ID Card No: 03GJA2918
      Personal ID No: 2601951131548
      Aliases:
      Address: Stepe Stepanovica 12, Foca/Srbinje, Bosnia and Herzegovina
      29.   RATIC (RATIĆ), Branko
      Date of birth/Place of birth: 26.11.1957, MIHALJEVCI SLAVONSKA POZEGA, Bosnia and Herzegovina
      Passport No: 0442022, issued on 17.9.1999 in Banja Luka
      ID Card No: 03GCA8959
      Personal ID No: 2611957173132
      Aliases:
      Address: Ulica Krfska 42, Banja Luka, Bosnia and Herzegovina
      30.   ROGULJIC (ROGULJIĆ), Slavko
      Date of birth/Place of birth: 15.5.1952, SRPSKA CRNJA HETIN, Serbia
      Non-valid passports No 3747158, issued on 12.4.2002 in Banja Luka, expired on 12.4.2007, and No 0020222, issued on 25.8.1988 in Banja Luka, expired on 25.8.2003
      ID Card No: 04EFA1053
      Personal ID No: 1505952103022
      Aliases:
      Address: 21 Vojvode Misica, Laktasi, Bosnia and Herzegovina
      31.   SAROVIC (ŠAROVIĆ), Mirko
      Date of birth/Place of birth: 16.9.1956, Rusanovici-Rogatica, Bosnia and Herzegovina
      Passport No: 4363471, issued at Istocno Sarajevo, with expiry date 8.10.2008
      ID Card No: 04PEA4585
      Personal ID No: 1609956172657
      Aliases:
      Address: Bjelopoljska 42, 71216 Srpsko Sarajevo, Bosnia and Herzegovina
      32.   SKOCAJIC (SKOČAJIĆ), Mrksa (Mrkša)
      Son of Dejan SKOCAJIC (SKOČAJIĆ)
      Date of birth/Place of birth: 5.8.1953, Blagaj, Bosnia and Herzegovina
      Passport No: 3681597
      ID Card No: 04GDB9950
      Personal ID No: 0508953150038
      Aliases:
      Address: Trebinjskih Brigade, Trebinje, Bosnia and Herzegovina
      33.   VRACAR (VRAČAR), Milenko
      Date of birth/Place of birth: 15.5.1956, Nisavici, Prijedor, Bosnia and Herzegovina
      Non-valid passports No 3865548, issued on 29.8.2002 in Banja Luka, expired on 29.8.2007, and No 0280280, issued on 4.12.1999 in Banja Luka, expired on 4.12.2004, and No 0062130, issued on 16.9.1998 in Banja Luka, Bosnia and Herzegovina
      ID Card No: 03GCE6934
      Personal ID No: 1505956160012
      Aliases:
      Address: 14 Save Ljuboje, Banja Luka, Bosnia and Herzegovina
      34.   ZOGOVIC (ZOGOVIĆ), 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

|

32002D0957

2002/957/EC: Council Decision of 28 November 2002 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the amendment to the Annexes to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products

Official Journal L 333 , 10/12/2002 P. 0013 - 0014

Council Decisionof 28 November 2002on the conclusion of an Agreement in the form of an Exchange of Letters concerning the amendment to the Annexes to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products(2002/957/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,Having regard to the proposal from the Commission(1),Whereas:(1) The Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products has been approved by Council Decision 97/132/EC(2).(2) Due to a difference in certification systems between the two Parties, the Parties have not notified each other of the completion of their respective procedures for ratification of the Agreement, as provided for in the second subparagraph of Article 18(1) thereof.(3) Therefore, the Agreement has not entered into force and until it does the Agreement is provisionally applied as agreed by the Agreement in the form of an Exchange of Letters, attached to Council Decision 97/131/EC of 17 December 1996 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products(3).(4) Certain amendments to the Annexes to the Agreement concerning certification and recognition of equivalence of certification systems for certain commodities are necessary before the two Parties can complete their respective procedures and notify each other of their completion and before the Agreement can enter into force.(5) The two Parties have confirmed their agreement in principle to the form of an Exchange of Letters and the determination of the sanitary measures applicable to trade in live animal and animal products.(6) The Agreement in the form of an Exchange of Letters should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters concerning amendments to the Annexes to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters, including the amendments to the Annexes to the Agreement, is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Article 3This Decision shall be published in the Official Journal of the European Communities.This Decision shall take effect on the date of publication.Done at Brussels, 28 November 2002.For the CouncilThe PresidentM. Fischer Boel(1) Proposal of 16 September 2002 (not yet published in the Official Journal).(2) OJ L 57, 26.2.1997, p. 4. Decision as amended by Decision 1999/837/EC (OJ L 332, 23.12.1999, p. 1).(3) OJ L 57, 26.2.1997, p. 1.


title: Council Decision (CFSP) 2015/1099 of 7 July 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               8.7.2015

               EN

               Official Journal of the European Union

               L 180/4

         COUNCIL DECISION (CFSP) 2015/1099
   of 7 July 2015
   amending Decision 2010/413/CFSP concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 26 July 2010, the Council adopted Decision 2010/413/CFSP (1) concerning restrictive measures against Iran.

               (2)

               On 24 November 2013, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy, reached an agreement with Iran on a Joint Plan of Action which sets out an approach towards reaching a long-term comprehensive solution to the Iranian nuclear issue. It was agreed that the process leading to this comprehensive solution would include, as a first step, initial mutually agreed measures to be taken by both sides for a duration of six months and renewable by mutual consent.

               (3)

               On 30 June 2015, by Decision (CFSP) 2015/1050 (2) the Council decided to extend the implementation of the measures of the Joint Plan of Action until 7 July 2015.

               (4)

               On 7 July 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy, agreed with Iran to extend the implementation of the measures of the Joint Plan of Action until 10 July 2015 to allow time for continuing the negotiation with a view to reaching an agreement on a Joint Comprehensive Plan of Action.

               (5)

               The suspension of the Union restrictive measures specified in the Joint Plan of Action should therefore be extended until 10 July 2015. Relevant contracts would have to be executed within that date.

               (6)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 26a of Decision 2010/413/CFSP is replaced by the following:

      ‘Article 26a
      1.   The prohibition set out in Article 3a(1) shall be suspended until 10 July 2015 insofar as it concerns the transport of Iranian crude oil.
      2.   The prohibition set out in Article 3a(2) shall be suspended until 10 July 2015 insofar as it concerns the provision of insurance and reinsurance, related to the import, purchase, or transport of Iranian crude oil.
      3.   The prohibition set out in Article 3b shall be suspended until 10 July 2015.
      4.   The prohibition set out in Article 4c shall be suspended until 10 July 2015 insofar as it concerns gold and precious metals.
      5.   Article 10(3)(a), (b) and (c) are replaced by the following points until 10 July 2015:

                  “(a)

                  transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes below EUR 1 000 000, as well as transfers regarding personal remittances, below EUR 400 000, shall be carried out without any prior authorisation. The transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000;

                  (b)

                  transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes above EUR 1 000 000, as well as transfers regarding personal remittances, above EUR 400 000, shall require the prior authorisation from the competent authority of the Member State concerned. The relevant Member State shall inform the other Member States of any authorisation granted;

                  (c)

                  any other transfer above EUR 100 000 shall require the prior authorisation from the competent authority of the Member State concerned. The relevant Member State shall inform the other Member States of any authorisation granted.”.

            6.   Article 10(4)(b) and (c) are replaced by the following points until 10 July 2015:

                  “(b)

                  any other transfer below EUR 400 000 shall be carried out without any prior authorisation. The transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000;

                  (c)

                  any other transfer above EUR 400 000 shall require the prior authorisation from the competent authority of the Member State concerned. The authorisation shall be deemed granted within four weeks unless the competent authority of the Member State concerned has objected within that time limit. The relevant Member State shall inform the other Member States of any authorisation rejected.”.

            7.   The prohibitions set out in Article 18b shall be suspended until 10 July 2015.
      8.   The prohibitions set out in Article 20(1)(b) and (c) and in Article 20(2) to the Ministry of Petroleum, listed in Annex II, shall be suspended until 10 July 2015, insofar as necessary for the execution, until 10 July 2015, of contracts for the import or purchase of Iranian petrochemical products.’.

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

      Done at Brussels, 7 July 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).

      (2)  Council Decision (CFSP) 2015/1050 of 30 June 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ L 170, 1.7.2015, p. 2).


Avis juridique important

|

41995D0005

95/5/EC, Euratom, ECSC: Decision of the Representatives of the Governments of the Member States of the European Communities of 1 January 1995 appointing the members of the court of First Instance

Official Journal L 001 , 01/01/1995 P. 0224 - 0224

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER  STATES OF THE EUROPEAN COMMUNITIESof 1 January 1995appointing the members of the Court of First  Instance(95/5/EC, Euratom, ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE  MEMBER STATES OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 168a  thereof, Having regard to Council Decision No 88/591/ECSC, EEC, Euratom of 24 October 1988, and in  particular Article 2 thereof, Having regard to the conditions of accession of the Republic of Austria, the Republic of Finland  and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is based,  and in particular Article 157 thereof, as it results from the Decision of the Council of the  European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member  States to the European Union, and in particular Articles 10 and 31 thereof, HAVE DECIDED AS FOLLOWS: Sole Article 1.  Mrs Pernilla LINDHis hereby appointed Judge to the Court of  First Instance for the period from 1 January 1995 to 31 August 1995. 2.  Mr Josef AZIZIMrs Virpi TIILIare hereby appointed Judges to the Court of First Instance for  the period from 1 January 1995 to 31 August 1998. Done at Brussels, 1 January 1995. The PresidentP. DE BOISSIEU


title: Commission Decision of 27 July 2010 on the appointment of the members of the European Union Committee of Experts on Rare Diseases set up by Decision 2009/872/EC

text:
               28.7.2010

               EN

               Official Journal of the European Union

               C 204/2

         COMMISSION DECISION
   of 27 July 2010
   on the appointment of the members of the European Union Committee of Experts on Rare Diseases set up by Decision 2009/872/EC
   2010/C 204/02
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision 2009/872/EC of 30 November 2009 establishing a European Union Committee of Experts on Rare Diseases (1), and in particular Article 3(4) thereof,
   Whereas:

               (1)

               According to Article 3(1) of Decision 2009/872/EC, the European Union Committee of Experts on Rare Diseases (hereinafter, ‘the Committee’) shall comprise 51 members and the corresponding alternates.

               (2)

               According to Article 3(4) of Decision 2009/872/EC, among these 51 members, the following members shall be appointed by the Commission: four representatives from patients' organisations, four representatives of the pharmaceutical industry, nine representatives of ongoing and/or past Community projects in the field of rare diseases financed by programmes of Community action in the filed of health (2) including three members of the pilot European Reference Networks on rare diseases, and six representatives of ongoing and/or past rare diseases projects financed by the Community Framework Programmes for Research and Technological Development (3). The 27 representatives of the Member States shall be appointed by the Member States. The representative of the European Centre for Disease Prevention and Control (ECDC) shall be appointed by the ECDC.

               (3)

               In accordance with Article 3(4) of Decision 2009/872/EC and with a view to selecting these members the Commission published four calls for expression of interest which specified the required qualifications and conditions to become member of the Committee. These calls led to lists of suitable candidates from which, based on the assessment criteria listed in the calls, the Commission hereby appoints the said members,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The experts listed in the Annex to this Decision are appointed as members of the EU Committee on Rare Diseases.

      Done at Brussels, 27 July 2010.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  OJ L 315, 2.12.2009, p. 18.

      (2)  OJ L 155, 22.6.1999, p. 1; OJ L 271, 9.10.2002, p. 1; OJ L 301, 20.11.2007, p. 3.

      (3)  OJ L 412, 30.12.2006, p. 1.

      ANNEX

         List of experts appointed by the Commission as members of the EU Committee on Rare Diseases

      1.   Patients’ organisations

      1.1.   List in alphabetical order of representatives from patients’ organisations

                  Last name

                  First name

                  Institute or organisation of affiliation

                  Dan

                  Dorica

                  European Organisation for Rare Diseases

                  Grønnebæk

                  Torben

                  European Organisation for Rare Diseases

                  Le Cam

                  Yann

                  European Organisation for Rare Diseases

                  Nourissier

                  Christel

                  European Organisation for Rare Diseases

      1.2.   List in alphabetical order of alternates from patients’ organisations

                  Last name

                  First name

                  Institute or organisation of affiliation

                  Geissler

                  Jan

                  European Organisation for Rare Diseases

                  Kent

                  Alastair

                  European Organisation for Rare Diseases

                  Pizzera-Piantanida

                  Bianca

                  European Organisation for Rare Diseases

                  Pogany

                  Gabor

                  European Organisation for Rare Diseases

            2.   Pharmaceutical industry

      2.1.   List in alphabetical order of representatives from the pharmaceutical industry

                  Last name

                  First name

                  Institute or organisation of affiliation

                  Hughes-Wilson

                  Wills

                  Genzyme

                  Loth

                  Kevin William

                  Celgene

                  Parker

                  Samantha

                  Orphan Europe

                  Valenta

                  Barbara

                  Baxter

      2.2.   List in alphabetical order of alternates from the pharmaceutical industry

                  Last name

                  First name

                  Institute or organisation of affiliation

                  Fehervary

                  Andras C.

                  Novartis

                  Finck

                  Katia

                  Shire Human Genetic Therapies

                  Tellier

                  Zéra

                  LFB Biomédicaments

                  Zimmermann

                  Martine

                  Alexion Europe

            3.   Projects in the field of rare diseases financed by programmes of Community action in the field of health

      3.1.   List in alphabetical order of representatives from ongoing and/or past projects in the field of rare diseases financed by programmes of Community action in the field of health including three members of the pilot European Reference Networks on rare diseases

                  Last name

                  First name

                  Institute or organisation of affiliation

                  Aymé

                  Ségolène

                  Orphanet Inserm

                  Donadieu

                  Jean

                  Hopital Trousseau

                  Donnai

                  Dian

                  European Network of Centres of Expertise in Dysmorphology

                  Fregonese

                  Laura

                  CHUV Lausanne

                  Garne

                  Ester

                  Hospital Lillebaelt-Kolding

                  Taruscio

                  Domenica

                  National Center for Rare Diseases at the Istituto Superiore di Sanità

                  Vives Corrons

                  Joan Luis

                  European Network for Rare Congenital Anaemias

                  Wagner

                  Thomas

                  European Centres of Reference Network for Cystic Fibrosis

                  Webb

                  Susan

                  Hospital de Sant Pau de Barcelona

      3.2.   List in alphabetical order of alternates from ongoing and/or past projects in the field of rare diseases financed by programmes of Community action in the field of health

                  Last name

                  First name

                  Institute or organisation of affiliation

                  Dubertret

                  Louis

                  Fondation Rene Touraine

                  Eleftheriou

                  Androulla Anastasiou

                  Thalassemia International Federation

                  Gatta

                  Gemma

                  Fondazione IRCCS, Instituto Nazionale dei Tumori

                  Kaminska

                  Magdalena

                  European Paediatric Hodgkin Network

                  Nelen

                  Vera

                  Provinciaal Instituut voor Hygiene

                  Nguyen

                  Gérard

                  Rett Syndrome Europe

                  Vittozzi

                  Luciano

                  Centro Nazionale Malattie Rare

                  Weill

                  Alain

                  European Haemophilia Consortium

                  Zeidler

                  Cornelia

                  Medizinische Hochschule Hannover

            4.   Projects in the field of rare diseases financed by the Community Framework Programmes for Research and Technological Development

      4.1.   List in alphabetical order of representatives from ongoing and/or past projects in the field of rare diseases financed by the Community Framework Programmes for Research and Technological Development

                  Last name

                  First name

                  Institute or organisation of affiliation

                  Blay

                  Jean-Yves

                  European Organisation for Research and Treatment of Cancer

                  Bushby

                  Kate

                  Institute of Human Genetics, University of Newcastle

                  De Baets

                  Marc

                  School for Mental Health and Neuroscience, Maastricht University

                  Hiort

                  Olaf

                  Universitätsklinikum Schleswig-Holstein

                  Koutouzov

                  Sophie

                  GIS-Institut des Maladies Rares

                  Wagemaker

                  Gerard

                  Department of Haematology, Erasmus University Medical Center Rotterdam

      4.2.   List in alphabetical order of alternates from ongoing and/or past projects in the field of rare diseases financed by the Community Framework Programmes for Research and Technological Development

                  Last name

                  First name

                  Institute or organisation of affiliation

                  Matthijs

                  Gert

                  Centre for Human Genetics, University of Leuven

                  Palau

                  Francesc

                  Centro de Investigación Biomédica en Red de Enfermedades Raras

                  Picci

                  Piero

                  Istituto Ortopedico Rizzoli di Bologna

                  Rieß

                  Olaf

                  Institute of Medical Genetics, University of Tübingen

                  Tanner

                  Stuart

                  Emeritus professor at University of Sheffield

                  Zambruno

                  Giovanna

                  Istituto Dermopatico dell'Immacolata, Roma


title: 2004/585/EC: Council Decision of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy

text:
               3.8.2004

               EN

               Official Journal of the European Union

               L 256/17

      COUNCIL DECISION

   of 19 July 2004
   establishing Regional Advisory Councils under the Common Fisheries Policy
   (2004/585/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
   Having regard to the proposal of the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Whereas:

               (1)

               Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (3) and in particular Articles 31 and 32 thereof, provides for new forms of participation by stakeholders in the Common Fisheries Policy through the establishment of Regional Advisory Councils.

               (2)

               A consistent approach to the establishment of Regional Advisory Councils requires that they correspond to management units based on biological criteria and that they are limited in number in order to offer meaningful advice and for practical reasons.

               (3)

               Since Regional Advisory Councils are stakeholder-led organisations, they should adapt their structure to the specific characteristics of the fisheries and regions concerned. Nevertheless, a general framework is necessary for the establishment of the Regional Advisory Councils.

               (4)

               In the interests of efficiency, it is necessary to limit the size of Regional Advisory Councils whilst ensuring that they include all the interests affected by the Common Fisheries Policy and while recognising the primacy of fishing interests given the effects on them of management decisions and policies.

               (5)

               In order to ensure consistency on issues of common interest to more than one Regional Advisory Council, it is essential to establish links between the different Regional Advisory Councils.

               (6)

               In view of the tasks of the Advisory Committee on Fisheries and Aquaculture renewed by Commission Decision 1999/478/EC (4), which is composed of representatives of a wide range of European organisations and interests, the work of the Regional Advisory Councils should be coordinated with that of the said Committee, to which they should also send their reports.

               (7)

               In order to ensure the effective establishment of the Regional Advisory Councils, it is essential that public funds contribute to their costs in the start-up phase and to interpretation and translation costs.

               (8)

               A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (5), is included in this Decision for the entire duration of the financing provisions, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Definitions
   For the purposes of this Decision the following definitions shall apply:

               1.

               ‘Member State concerned’ shall mean a Member State having a fishing interest in the area or fisheries covered by a Regional Advisory Council;

               2.

               ‘Fisheries sector’ shall mean the catching sub-sector, including shipowners, small-scale fishermen, employed fishermen, producer organisations as well as, amongst others, processors, traders and other market organisations and women's networks;

               3.

               ‘Other interest groups’ shall mean, amongst others, environmental organisations and groups, aquaculture producers, consumers and recreational or sport fishermen.

         Article 2
   Establishment of Regional Advisory Councils
   1.   A Regional Advisory Council is established for each of the following:

               (a)

               the Baltic Sea;

               (b)

               the Mediterranean Sea;

               (c)

               the North Sea;

               (d)

               north-western waters;

               (e)

               south-western waters;

               (f)

               pelagic stocks;

               (g)

               high seas/long distance fleet.

         2.   The geographical areas covered by each Regional Advisory Council are set out in Annex I. Each Regional Advisory Council may create subdivisions to deal with issues that cover specific fisheries and biological regions.
   Article 3
   Procedure
   1.   Representatives of the fisheries sector and other interest groups with an interest in one of the Regional Advisory Councils shall submit a request concerning the operation of that Regional Advisory Council to the Member States concerned and to the Commission. The request shall be compatible with the objectives, principles and guidelines of the Common Fisheries Policy as set out in Regulation (EC) No 2371/2002 and shall include:

               (a)

               a statement of objectives;

               (b)

               operating principles;

               (c)

               initial rules of procedure;

               (d)

               the budget estimate;

               (e)

               a provisional list of organisations.

         2.   The Member States concerned shall determine whether the application is representative and in accordance with the provisions laid down in this Decision, if necessary following discussions with stakeholder interests, and shall, by common agreement, transmit a recommendation to the Commission on that Regional Advisory Council.
   3.   After evaluation of the recommendation and possible amendments to the request, the Commission shall adopt a decision as soon as possible and in any event shall aim to adopt it at the latest within three months, specifying the date from which the Regional Advisory Council shall become operational. The decision shall be published in the Official Journal of the European Union.
   Article 4
   Structure
   1.   Each Regional Advisory Council shall consist of a general assembly and an executive committee.
   2.   The general assembly shall meet at least once a year to approve the annual report and the annual strategic plan drawn up by the executive committee.
   3.   The general assembly shall appoint an executive committee of up to 24 members. The executive committee shall manage the work of the Regional Advisory Council and adopt its recommendations.
   Article 5
   Membership
   1.   The Regional Advisory Councils shall be composed of representatives from the fisheries sector and other interest groups affected by the Common Fisheries Policy.
   2.   European and national organisations representing the fisheries sector and other interest groups may propose members to the Member States concerned. These Member States shall agree on the members of the general assembly.
   3.   In the general assembly and executive committee, two thirds of the seats shall be allotted to representatives of the fisheries sector and one third to representatives of the other interest groups affected by the Common Fisheries Policy.
   4.   At least one representative of the catching subsector from each Member State concerned shall be represented in the executive committee.
   Article 6
   Participation by non-members
   1.   Scientists from institutes of the Member States concerned or international bodies shall be invited to participate as experts in the work of the Regional Advisory Councils. Any other qualified scientist may also be invited.
   2.   The Commission and national and regional administrations of the Member States concerned shall have the right to participate at any meeting of a Regional Advisory Council as active observers.
   3.   A representative of the Advisory Committee on Fisheries and Aquaculture shall have the right to participate at any meeting of a Regional Advisory Council as an active observer.
   4.   Representatives of the fisheries sector and other interest groups from third countries, including representatives from Regional Fisheries Organisations, that have a fishing interest in the area or fisheries covered by a Regional Advisory Council may be invited to participate in that Regional Advisory Council as active observers when issues which affect them are discussed.
   5.   The meetings of the general assembly shall be open to the public. The meetings of the executive committee shall be open to the public unless, in exceptional cases, decided otherwise by a majority of the executive committee.
   Article 7
   Functioning
   1.   Regional Advisory Councils shall adopt the measures necessary for their organisation including, as appropriate, a secretariat and working groups.
   2.   Regional Advisory Councils shall adopt the necessary measures to ensure transparency in all stages of their decision-making process. Recommendations adopted by the executive committee shall be made available immediately to the general assembly, the Commission, Member States concerned and, upon request, to any member of the public.
   3.   The members of the executive committee shall, where possible, adopt recommendations by consensus. If no consensus can be reached, dissenting opinions expressed by members shall be recorded in the recommendations adopted by the majority of the members present and voting. Upon receipt in writing of the recommendations, the Commission and, where relevant, the Member States concerned shall reply precisely to them within a reasonable time period and, at the latest, within three months.
   4.   Each Regional Advisory Council shall designate a chairperson by consensus. The chairperson shall act impartially.
   5.   The Member States concerned shall provide the appropriate support, including logistical help, to facilitate the functioning of a Regional Advisory Council.
   Article 8
   Coordination between Regional Advisory Councils
   If an issue is of common interest to two or more Regional Advisory Councils, they shall coordinate their positions with a view to adopting joint recommendations on that issue.
   Article 9
   Financing
   1.   A Regional Advisory Council which has acquired a legal personality may apply for Community financial aid.
   2.   Community start-up aid may be granted for the operating expenditure of a Regional Advisory Council during its first five years in accordance with the conditions set out in Annex II, Part 1.
   3.   Community aid may be granted for the interpretation and translation costs of the meetings of the Regional Advisory Councils as set out in Annex II Part 2.
   4.   The financial reference amount for the implementation of this action for the period 2004 to 2011 shall be EUR 7 596 000. For the period following 31 December 2006, the amount shall be deemed to be confirmed if it is consistent for this phase with the financial perspectives in force for the period commencing in 2007. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
   Article 10
   Annual report and audit
   1.   Each Regional Advisory Council shall transmit an annual report of its activities to the Commission, the Member States concerned and the Advisory Committee on Fisheries and Aquaculture before 31 March of the year following the year covered by the report.
   2.   The Commission or the Court of Auditors may, at any time, arrange for an audit to be carried out either by an outside body of its choice or by the Commission or the Court of Auditors departments themselves.
   3.   Each Regional Advisory Council shall appoint a certified auditor for the period during which it benefits from Community funds.
   Article 11
   Review
   Three years following the date on which the last Regional Advisory Council becomes operational, or, at the latest by 30 June 2007, the Commission shall report to the European Parliament and the Council on the implementation of this Decision and the functioning of the Regional Advisory Councils.
   Article 12
   Entry into force
   This Decision shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 19 July 2004.

            For the Council

            The President

         C. VEERMAN

      (1)  Opinion delivered on 1 April 2004 (not yet published in the Official Journal).

      (2)  Opinion delivered on 26 February 2004 (not published in the Official Journal).

      (3)  OJ L 358, 31.12.2002, p. 59. Regulation as last amended by Regulation (EC) No 1242/2004 (OJ L 236, 7.7.2004, p. 1).

      (4)  OJ L 187, 20.7.1999, p. 70.

      (5)  OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision of the European Parliament and of the Council 2003/429/EC (OJ L 147, 14.6.2003, p. 25).

      ANNEX I
      Regional Advisory Councils referred to in Article 2

                  Name of the Regional Advisory Council

                  ICES areas, CECAF divisions (1) and General Fisheries Commission for the Mediterranean

                  Baltic Sea

                  IIIb, IIIc and IIId

                  Mediterranean Sea

                  Maritime Waters of the Mediterranean of the East of line 5°36' West

                  North Sea

                  IV, IIIa

                  North Western waters

                  V (excluding Va and only EC waters in Vb), VI, VII

                  South Western waters

                  VIII, IX and X (waters around Azores), and CECAF divisions 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands)

                  Pelagic stocks (blue whiting, mackerel, horse mackerel, herring)

                  All areas (excluding the Baltic Sea and the Mediterranean Sea)

                  High seas/long distance fleet

                  All non EC-waters

         (1)  For the purposes of this Decision, ICES areas are as defined in Regulation (EEC) No 3880/91 (OJ L 365, 31.12.1991, p. 1), Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1) and CECAF Divisions are as defined in Regulation (EC) No 2597/95 (OJ L 270, 13.11.1995, p. 1). Regulation as last amended by Regulation (EC) No 1882/2003.

      ANNEX II
      Costs incurred by the Regional Advisory Councils
      Part 1
      Contribution towards the start-up costs of the Regional Advisory Councils (RACs)
      The Community will contribute part of the operating costs from the year of their establishment for a maximum of five years. The amount allocated to each RAC for operating costs will not exceed 90 % of its operating budget and may not exceed 200 000 EUR in the first year. In the four following years, the maximum financial contribution will be degressive (1) and depend on the budget available. The Commission will conclude with each RAC and for each year an ‘operating grant agreement’ which will set the precise terms and conditions and the procedure for the grant of financing. Only the actual expenses will be subject to the Community contribution, which will be granted on condition that the other sources of financing have been allocated.
      The eligible costs will consist of the costs necessary to ensure the normal operation of the RACs and enable them to pursue their aims.
      The following direct costs will be eligible:

                  —

                  personnel expenses (cost of personnel per day of work on the project),

                  —

                  new or used equipment,

                  —

                  materials and supplies,

                  —

                  dissemination of information to members,

                  —

                  travel and accommodation expenses of experts attending RAC meetings (based on scales or rules laid down by the Commission departments),

                  —

                  audits,

                  —

                  a contingency reserve of not more than 5 % of eligible direct costs.

            Part 2
      Interpretation and translation costs
      The Commission will conclude with each RAC and for each year an action grant agreement of up to 50 000 EUR which will set the precise terms and conditions and the procedure for the grant of financing.

         (1)  First year: 200 000 EUR (90 %), second year: 165 000 EUR (75 %), third year: 132 000 EUR (60 %), fourth year: 121 000 EUR (55 %), fifth year: 110 000 EUR (50 %).


title: Council Decision (CFSP) 2016/1339 of 4 August 2016 amending and extending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)

text:
               5.8.2016

               EN

               Official Journal of the European Union

               L 212/111

         COUNCIL DECISION (CFSP) 2016/1339
   of 4 August 2016
   amending and extending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 22 May 2013, the Council adopted Decision 2013/233/CFSP (1) establishing the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya).

               (2)

               On 7 December 2015, the Council adopted Decision (CFSP) 2015/2276 (2) amending and extending Decision 2013/233/CFSP until 21 February 2016.

               (3)

               On 15 February 2016, the Council adopted Decision (CFSP) 2016/207 (3) amending and extending Decision 2013/233/CFSP for six months, until 21 August 2016.

               (4)

               On 9 June 2016, the Political and Security Committee agreed that EUBAM Libya should be extended by one year.

               (5)

               Decision 2013/233/CFSP should be amended accordingly.

               (6)

               EUBAM Libya will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2013/233/CFSP is amended as follows:

               (1)

               in Article 13(1), the following paragraph is added:
               ‘The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 22 August 2016 to 21 August 2017 shall be EUR 17 000 000.’;

               (2)

               in Article 16, the second paragraph is replaced by the following:
               ‘It shall apply until 21 August 2017.’.

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

      Done at Brussels, 4 August 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  Council Decision 2013/233/CFSP of 22 May 2013 on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (OJ L 138, 24.5.2013, p. 15).

      (2)  Council Decision (CFSP) 2015/2276 of 7 December 2015 amending and extending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (OJ L 322, 8.12.2015, p. 51).

      (3)  Decision (CFSP) 2016/207 of 15 February 2016 amending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (OJ L 39, 16.2.2016, p. 45).


Avis juridique important

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31989D0579

89/579/EEC: Council Decision of 30 October 1989 amending the legal bases of Decisions 87/593/EEC, 87/594/EEC and 87/595/EEC

Official Journal L 322 , 07/11/1989 P. 0023 - 0023 Finnish special edition: Chapter 2 Volume 7 P. 0096  Swedish special edition: Chapter 2 Volume 7 P. 0096

*****COUNCIL  DECISION  of 30 October 1989  amending the legal bases of Decisions 87/593/EEC, 87/594/EEC and 87/595/EEC  (89/579/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas it appears, in the light of the Court of Justice's recent ruling, that the scope of Article 113 of the Treaty is very wide; whereas Decisions 87/593/EEC (1) and 87/594/EEC (2) accepting, on behalf of the Community, Annex E.5 and Annex F.3 respectively to the International Convention on the simplification and harmonization of customs procedures and also Council Decision 87/595/EEC of 30 November 1987 accepting, on behalf of the Community, the Recommendation of the Customs Cooperation Council of 22 May 1984 concerning the use of codes for the representation of data elements and four of its Annexes (3) should be adapted to take account of that Court ruling, since other legal bases were adopted for those three Decisions by the Council;  Whereas Decisions 87/593/EEC, 87/594/EEC and 87/595/EEC should be adopted on the sole legal basis of Article 113; whereas Article 113 should therefore be inserted as the legal basis of Decision 87/593/EEC; whereas Articles 28 and 235 should be removed as legal bases of the three Decisions; whereas Article 43 should be removed as a legal basis of Decisions 87/593/EEC and 87/594/EEC,  HAS DECIDED AS FOLLOWS:  Article 1  In Decisions 87/593/EEC, 87/595/EEC and 87/595/EEC, the first citation is hereby replaced by the following:  'Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,'.  Article 2  This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.  It shall apply with effect from 30 November 1987.  Done at Brussels, 30 October 1989.  For the Council  The President  J.-P. SOISSON  (1) OJ No L 362, 22. 12. 1987, p. 1.  (2) OJ No L 362, 22. 12. 1987, p. 8.  (3) OJ No L 362, 22. 12. 1987, p. 22.


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31992D0580

92/580/EEC: Council Decision of 13 November 1992 on the signing and conclusion of the International Sugar Agreement 1992

Official Journal L 379 , 23/12/1992 P. 0015 - 0015 Finnish special edition: Chapter 3 Volume 47 P. 0010  Swedish special edition: Chapter 3 Volume 47 P. 0010

COUNCIL DECISION of 13 November 1992 on the signing and conclusion of the International Sugar Agreement 1992 (92/580/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the International Sugar Agreement 1992 will foster international cooperation in the sugar sector ; whereas the Community, in view of its importance as producer, exporter and importer of this product, should be a party to this agreement,  HAS DECIDED AS FOLLOWS:     Article 1 The International Sugar Agreement 1992 is hereby approved on behalf of the European Economic Community.  The text of the Agreement is attached to this Decision.    Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the agreement referred to in Article 1 and to deposit the instrument of approval by the Community.    Article 3 This Decision shall be published in the Official Journal of the European Community.     Done at Brussels, 13 November 1992.  For the Council  The President  V. BOTTOMLEY


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31985D0434

85/434/EEC: Council Decision of 16 September 1985 setting up an Advisory Committee on pharmaceutical training

Official Journal L 253 , 24/09/1985 P. 0043 - 0044 Finnish special edition: Chapter 6 Volume 2 P. 0114  Spanish special edition: Chapter 06 Volume 3 P. 0034  Swedish special edition: Chapter 6 Volume 2 P. 0114  Portuguese special edition Chapter 06 Volume 3 P. 0034

*****COUNCIL  DECISION  of 16 September 1985  setting up an Advisory Committee on pharmaceutical training  (85/434/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the draft Decision submitted by the Commission (1),  Whereas, in its resolution of 6 June 1974 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications (2), the Council declared itself in favour of the establishment of advisory committees;  Whereas, in the context of the mutual recognition of diplomas, certificates and other evidence of formal qualification in pharmacy, it is important to ensure a comparably high standard of training;  Whereas, to contribute to the attainment of this objective, it is desirable to set up an Advisory Committee to advise the Commission,  HAS DECIDED AS FOLLOWS:  Article 1  An Advisory Committee on Pharmaceutical Training, hereinafter referred to as the 'Committee', shall be set up within the Commission.  Article 2  1. The task of the Committee shall be to help to ensure a comparably high standard of pharmaceutical training in the Community.  2. It shall carry out this task in particular by the following means:  - exchange of comprehensive information as to the training methods and the content, level and structure of theoretical and practical courses provided in the Member States,  - discussion and consultation with the object of developing a common approach to the standard to be attained in the training of pharmacists and, as appropriate, to the structure and content of such training,  - keeping under review the adaptation of pharmaceutical training to developments in pharmaceutical science and teaching methods.  3. The Committee shall communicate to the Commission and the Member States its opinions and recommendations including, where it considers it appropriate, suggestions for amendments to be made to the Articles relating to pharmaceutical training in Council Directives 85/432/EEC (3) and 85/433/EEC (4).  4. The Committee shall also advise the Commission on any other matter which the Commission may refer to it in relation to pharmaceutical training.  Article 3  1. The Committee shall consist of three experts from each Member State, as follows:  - one expert from the practising pharmaceutical profession,  - one expert from the pharmaceutical science teaching institutions,  - one expert from the competent authorities of the Member States.  2. There shall be an alternate for each member. Alternates may attend the meetings of the Committee.  3. The members and alternates described in paragraphs 1 and 2 shall be nominated by the Member States. The members referred to in the first and second indents of paragraph 1 and their alternates shall be nominated upon the proposal of the practising pharmaceutical profession and the pharmaceutical science teaching institutions. The members and alternates thus nominated shall be appointed by the Council.  Article 4  1. The term of office for a member of the Committee shall be three years. After the expiry of that period the members of the Committee shall remain in office until replacements have been provided for or until their appointment is renewed.  2. The term of office of a member may end before expiry of the period of three years in the event of the resignation or death of the member, or of his being replaced by another person, in accordance with the procedure laid down in Article 3. The appointment of a new member shall be for the remainder of the term of office.  Article 5  The Committee shall elect from among its members a chairman and two deputy-chairmen. It shall adopt its own rules of procedure. The agenda for meetings shall be drawn up by the chairman of the Committee in consultation with the Commission.  Article 6  The Committtee may set up working parties and call upon and allow observers or experts to assist it in connection with all the special aspects of its work.  Article 7  The secretariat of the Committee shall be provided by the Commission.  Done at Luxembourg, 16 September 1985.  For the Council  The President  M. FISCHBACH  (1) OJ No C 92, 23. 4. 1981, p. 2.  (2) OJ No C 98, 20. 8. 1974, p. 1.  (3) See page 34 of this Official Journal.  (4) See page 37 of this Official Journal.


title: Decision (EU) 2017/934 of the European Central Bank of 16 November 2016 on the delegation of decisions on the significance of supervised entities (ECB/2016/41)

text:
               1.6.2017

               EN

               Official Journal of the European Union

               L 141/18

         DECISION (EU) 2017/934 OF THE EUROPEAN CENTRAL BANK
   of 16 November 2016
   on the delegation of decisions on the significance of supervised entities (ECB/2016/41)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 6 thereof,
   Having regard to Decision (EU) 2017/933 of the European Central Bank of 16 November 2016 on a general framework for delegating decision-making powers for legal instruments related to supervisory tasks (ECB/2016/40) (2), and in particular Article 4 thereof,
   Whereas:

               (1)

               Article 6(4) of Regulation (EU) No 1024/2013 sets out the criteria for a credit institution, financial holding company or mixed financial holding company to be classified as a significant supervised entity. The criteria for determining significance are specified in further detail in Part IV of Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17) (3).

               (2)

               Pursuant to Article 39 of Regulation (EU) No 468/2014 (ECB/2014/17), a supervised entity is considered significant if the European Central Bank (ECB) so determines in a decision addressed to the relevant supervised entity. Pursuant to Article 40 of that Regulation, if one or more supervised entities are part of a supervised group, the criteria for determining significance are determined at the highest level of consolidation within participating Member States and each supervised entity is considered significant in accordance with those criteria.

               (3)

               Pursuant to Article 43(3) of Regulation (EU) No 468/2014 (ECB/2014/17), the ECB may review, at any time after it receives relevant information, whether the criteria for significance are fulfilled.

               (4)

               New decisions on significance should be excluded from the scope of this Decision. The adoption of an amendment to a decision on significance should be without prejudice to the application of Article 22 of Regulation (EU) No 1024/2013 and of Part III, Title 2 of Regulation (EU) No 468/2014 (ECB/2014/17).

               (5)

               An amendment to a decision on significance that ceases to classify a significant supervised entity or a significant supervised group as significant should not be taken by means of a delegated decision where it is based on Article 70 of Regulation (EU) No 468/2014 (ECB/2014/17).

               (6)

               Each year, the ECB, as the competent authority for all significant supervised entities in the Single Supervisory Mechanism, is required to adopt a substantial number of decisions that amend existing decisions on significance. In order to enable its decision-making bodies to function, a delegation decision is necessary in relation to the adoption of decisions amending decisions on significance. The Court of Justice of the European Union (CJEU) has recognised delegation of authority to be necessary to enable an institution required to adopt a considerable number of decisions to perform its duties. Similarly, the CJEU has recognised the need to ensure that decision-making bodies are able to function as a principle inherent in all institutional systems (4). In order to facilitate the decision-making process in relation to the adoption of an amendment of a decision on significance, a delegation decision is necessary.

               (7)

               Delegation of decision-making powers should be limited, proportionate and based on specified criteria. While decisions on the significance of a supervised group contain a list of the entities that are included within the scope of the significant supervised group, such specified criteria should refer to an amendment to the composition of a significant supervised group or a change in the name of a significant supervised entity that should be justified and respect the principle of proportionality.

               (8)

               Decision (EU) 2017/933 (ECB/2016/40) clarifies the procedure to be followed for adopting specific supervisory decisions and the persons who may be delegated decision-making powers. That Decision does not affect the ECB's exercise of its supervisory tasks and is without prejudice to the Supervisory Board's competence to propose complete draft decisions to the Governing Council.

               (9)

               Where the criteria for the adoption of a delegated decision, as laid down in this Decision, are not met, amendments to a decision on significance should be adopted in accordance with the non-objection procedure set out in Article 26(8) of Regulation (EU) No 1024/2013 and Article 13g of Decision ECB/2004/2 (5). This Decision should not affect the exercise of the ECB's supervisory tasks and be without prejudice to the competence of the Supervisory Board to propose complete draft decisions to the Governing Council.

               (10)

               ECB supervisory decisions may be subject to administrative review pursuant to Article 24 of Regulation (EU) No 1024/2013 and as further specified in Decision ECB/2014/16 (6). In the event of such administrative review, the Supervisory Board should take into account the opinion of the Administrative Board of Review and submit a new draft decision to the Governing Council for adoption under the non-objection procedure,

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

               (1)

               ‘amendment to a decision on significance’ means a decision adopted following a significance review in accordance with Article 43(3) or 52(1) of Regulation (EU) No 468/2014 (ECB/2014/17), which amends or repeals an ECB decision that classified a supervised entity or a supervised group as significant for the purposes of Article 6(4) of Regulation (EU) No 1024/2013;

               (2)

               ‘participating Member State’ means a participating Member State as defined in point (1) of Article 2 of Regulation (EU) No 1024/2013;

               (3)

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

               (4)

               ‘supervised entity’ means a supervised entity as defined in point (20) of Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17);

               (5)

               ‘supervised group’ means a supervised group as defined in point (21) of Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17);

               (6)

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

               (7)

               ‘delegated decision’ means a decision taken on the basis of a delegation of powers by the Governing Council pursuant to Decision (EU) 2017/933 (ECB/2016/40);

               (8)

               ‘heads of work units’ means the heads of work units of the ECB to whom the power to adopt amendments to decisions on significance is delegated.

         Article 2
   Delegation of amendments to decisions on significance
   1.   In accordance with Article 4 of Decision (EU) 2017/933 (ECB/2016/40), the Governing Council hereby delegates the adoption of amendments to decisions on significance to the heads of work units nominated by the Executive Board in accordance with Article 5 of that Decision.
   2.   An amendment to a decision on significance shall only be adopted by means of a delegated decision if the criteria for the adoption of delegated decisions, as set out in Article 3, are fulfilled.
   Article 3
   Criteria for the adoption of delegated decisions
   1.   An amendment to a decision on significance that classifies a supervised entity as significant within a significant supervised group shall be taken by means of a delegated decision where the criteria for determining significance at the highest level of consolidation within participating Member States in accordance with the provisions laid down in Part IV of Regulation (EU) No 468/2014 (ECB/2014/17) continue to be fulfilled for the significant supervised group.
   2.   An amendment to a decision on significance that ceases to classify a supervised entity as significant within a significant supervised group shall be taken by means of a delegated decision where the criteria for determining significance at the highest level of consolidation within participating Member States in accordance with the provisions laid down in Part IV of Regulation (EU) No 468/2014 (ECB/2014/17) continue to be fulfilled for the significant supervised group, although the supervised entity has ceased to be part of such a group.
   3.   An amendment to a decision on significance that ceases to classify a significant supervised entity or a significant supervised group as significant shall be taken by means of a delegated decision only where the criteria for determining significance at the highest level of consolidation within participating Member States in accordance with the provisions laid down in Part IV of Regulation (EU) No 468/2014 (ECB/2014/17) are no longer fulfilled.
   4.   An amendment to a decision on significance that alters the name of a significant supervised entity shall be taken by means of a delegated decision where no additional information relevant to the classification of the supervised entity has been communicated to the ECB.
   5.   An amendment to a decision on significance shall not be taken by means of a delegated decision where the relevant supervised entity or supervised group has been classified as significant in accordance with Article 59 of Regulation (EU) No 468/2014 (ECB/2014/17).
   6.   An amendment to a decision on significance shall not be taken by means of a delegated decision if the ECB receives a written submission that challenges the classification of a supervised entity as significant or less significant.
   Article 4
   Entry into force
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 16 November 2016.

            The President of the ECB

         Mario DRAGHI

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

      (2)  See page 14 of this Official Journal.

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

      (4)  Judgments of the Court of Justice of 23 September 1986, AKZO Chemie BV and AKZO Chemie UK Ltd v Commission, 5/85, ECLI:EU:C:1986:328, paragraph 37, and of 26 May 2005, Carmine Salvatore Tralli v ECB, C-301/02 P, ECLI:EU:C:2005:306, paragraph 59.

      (5)  Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (OJ L 80, 18.3.2004, p. 33).

      (6)  Decision ECB/2014/16 of 14 April 2014 concerning the establishment of an Administrative Board of Review and its Operating Rules (OJ L 175, 14.6.2014, p. 47).