title: Council Decision (CFSP) 2015/740 of 7 May 2015 concerning restrictive measures in view of the situation in South Sudan and repealing Decision 2014/449/CFSP

text:
               8.5.2015

               EN

               Official Journal of the European Union

               L 117/52

         COUNCIL DECISION (CFSP) 2015/740
   of 7 May 2015
   concerning restrictive measures in view of the situation in South Sudan and repealing Decision 2014/449/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 10 July 2014, the Council adopted Decision 2014/449/CFSP (1) in view of its continuing serious concern about the situation in South Sudan.

               (2)

               On 3 March 2015, the United Nations Security Council adopted Resolution (UNSCR) 2206 (2015), in view of its grave alarm and concern regarding the conflict between the Government of the Republic of South Sudan and opposition forces since December 2013, its concern over the resulting great human suffering and its strong condemnation of past and ongoing human rights violations and abuses and violations of international humanitarian law, as well as over the large-scale displacement of persons and the deepening humanitarian crisis. The Security Council stressed the responsibility borne by all parties to the conflict for the suffering of the people of South Sudan. It also determined that the situation in South Sudan constitutes a threat to international peace and security in the region.

               (3)

               Paragraphs 9 and 12 of UNSCR 2206 (2015) provide for restrictive measures in the form of travel restrictions and asset freezes that may be applied in relation to persons and entities designated by the Security Council Committee established pursuant to paragraph 16 of UNSCR 2206 (2015) (‘the Committee’). Paragraphs 6, 7 and 8 of UNSCR 2206 (2015) also provide for criteria for designating persons and entities to be subject to the restrictive measures set out in paragraphs 9 and 12 of that Resolution.

               (4)

               For the sake of clarity, the restrictive measures imposed by Decision 2014/449/CFSP and the restrictive measures provided for by UNSCR 2206 (2015) should be integrated into a single legal instrument.

               (5)

               Decision 2014/449/CFSP should therefore be repealed accordingly.

               (6)

               Further Union action is needed to implement certain measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to South Sudan by nationals of Member States or from 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 also be prohibited to:

               (a)

               provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, South Sudan;

               (b)

               provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, as well as insurance or reinsurance for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, South Sudan;

               (c)

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

         Article 2
   1.   Article 1 shall not apply to:

               (a)

               the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, or for institution-building programmes of the UN, the African Union (AU), the EU or the Intergovernmental Authority on Development (IGAD), or of materiel intended for UN, AU and EU crisis management operations;

               (b)

               the sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use, in South Sudan, by personnel of the EU or its Member States or by UN, AU or IGAD personnel;

               (c)

               the provision of technical assistance, brokering services and other services related to the equipment or to the programmes and operations referred to in point (a);

               (d)

               the provision of financing and financial assistance related to the equipment or to the programmes and operations referred to in point (a);

               (e)

               the sale, supply, transfer or export of de-mining equipment and materiel for use in de-mining operations;

               (f)

               the sale, supply, transfer or export of non-lethal military equipment intended solely for the support of the process of Security Sector Reform in South Sudan as well as the provision of financing, financial assistance or technical assistance related to such equipment,

         provided that such deliveries have been approved in advance by the competent authority of the Member State in question.
   2.   Article 1 shall also not apply to protective clothing, including flak jackets and military helmets, temporarily exported to South Sudan by personnel of the EU or its Member States, by UN or IGAD personnel, or by representatives of the media, humanitarian and development workers and associated personnel for their personal use only.
   3.   Member States shall consider deliveries under this Article on a case-by-case basis, taking full account of the criteria set out in Council Common Position 2008/944/CFSP (2). Member States shall require adequate safeguards against misuse of authorisations granted under this Article and, where appropriate, make provisions for repatriation of the equipment.
   Article 3
   1.   Member States shall take the measures necessary to prevent the entry into, or transit through, their territories of persons:

               (a)

               designated by the Security Council or by the Committee in accordance with paragraphs 6, 7, 8 and 9 of UNSCR 2206 (2015), as listed in Annex I to this Decision;

               (b)

               not covered by point (a), obstructing the political process in South Sudan, including by acts of violence or violations of ceasefire agreements, as well as persons responsible for serious violations of human rights in South Sudan, and persons associated with them, as listed in Annex II.

         2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
   Article 4
   1.   This Article applies to the persons listed in Annex I.
   2.   Article 3(1) shall not apply where:

               (a)

               travel is justified on the grounds of humanitarian need, including religious obligation, as determined by the Committee on a case-by-case basis;

               (b)

               entry or transit is necessary for the fulfilment of a judicial process;

               (c)

               travel would further the objectives of peace and national reconciliation in South Sudan and stability in the region, as determined by the Committee on a case-by-case basis.

         Article 5
   1.   This Article applies to the persons listed in Annex II.
   2.   Article 3(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 UN;

               (c)

               under a multilateral agreement conferring privileges and immunities; or

               (d)

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

         3.   Paragraph 2 shall be considered as applying also in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).
   4.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 2 or 3.
   5.   Member States may grant exemptions from the measures imposed under Article 3(1) where travel is justified on grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings and meetings promoted or hosted by the EU or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures, including democracy, human rights and the rule of law in South Sudan.
   6.   A Member State wishing to grant exemptions referred to in paragraph 5 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raise an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
   7.   Where, pursuant to paragraphs 2, 3, 5 and 6, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex II, the authorisation shall be strictly limited to the purpose for which it is given and to the persons directly concerned thereby.
   Article 6
   1.   All funds and economic resources belonging to, owned, held or controlled by, directly or indirectly,

               (a)

               persons and entities designated by the Security Council or by the Committee in accordance with paragraphs 6, 7, 8 and 12 of UNSCR 2206 (2015), as listed in Annex I to this Decision;

               (b)

               persons obstructing the political process in South Sudan, including by acts of violence or violations of ceasefire agreements, as well as persons responsible for serious violations of human rights in South Sudan, and natural or legal persons, entities or bodies associated with them, as listed in Annex II,

         shall be frozen.
   2.   No funds or economic resources shall be made available directly or indirectly to or for the benefit of the natural or legal persons, entities or bodies listed in Annex I or II.
   Article 7
   1.   This Article applies to the persons and entities listed in Annex I.
   2.   The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned 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)

               exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

               (c)

               fees or service charges for routine holding or maintenance of frozen funds and economic resources.

         The Member State concerned shall notify the Committee in advance of the intention to authorise, where appropriate, the release of certain frozen funds or economic resources. Authorisations may be granted in the absence of a negative decision by the Committee within five working days of such notification.
   3.   The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are necessary for extraordinary expenses, provided that such determination has been notified by the Member State concerned to the Committee and has been approved by the Committee.
   4.   By way of derogation from Article 6(1), the competent authorities of a Member State may also authorise the release of certain frozen funds or economic resources, provided that the Member State concerned has determined that the funds or economic resources are the subject of a judicial, administrative or arbitral lien or judgment and that the funds or economic resources will be used exclusively to satisfy that lien or judgment, provided that the lien was entered into or the judgment delivered prior to the date of the adoption of UNSCR 2206 (2015), namely 3 March 2015, is not for the benefit of a natural or legal person, entity or body listed in Annex I or II, and has been notified by the Member State concerned to the Committee.
   5.   Article 6(1) shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings on those accounts; or

               (b)

               payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in Article 6,

         provided that any such interest, other earnings and payments remain subject to the measures provided for in Article 6(1).
   6.   Article 6 shall not prevent a listed natural or legal person, entity or body from making a payment due under a contract entered into prior to the date on which such natural or legal person, entity or body was listed in Annex I, provided that the Member State concerned has determined that the payment is not, directly or indirectly, received by a natural or legal person, entity or body listed in Annex I or II and after notification by the Member State concerned to the Committee of the intention to make or receive such payments or to authorise, where appropriate, the release of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorisation.
   Article 8
   1.   This Article applies to the persons and entities listed in Annex II.
   2.   The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:

               (a)

               necessary to satisfy the basic needs of the persons listed in Annex II and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

               (b)

               intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

               (c)

               intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or

               (d)

               necessary for extraordinary expenses, provided that the competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation.

         The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
   3.   By way of derogation from Article 6(1), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:

               (a)

               the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 6(1) was listed in Annex II, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to 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 Annex I or II; and

               (d)

               recognition of 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.
   4.   Article 6(1) shall not prevent a listed natural or legal person, entity or body from making a payment due under a contract entered into prior to the date on which such natural or legal person, entity or body was listed in Annex II, provided that the Member State concerned has determined that the payment is not, directly or indirectly, received by a natural or legal person, entity or body listed in Annex I or II.
   5.   Article 6(2) shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings on those accounts;

               (b)

               payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in Article 6; or

               (c)

               payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned,

         provided that any such interest, other earnings and payments remain subject to the measures provided for in Article 6(1).
   Article 9
   1.   Where the Security Council or the Committee lists a person or entity, the Council shall include such person or entity in Annex I.
   2.   The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall decide to establish and amend the list in Annex II.
   3.   The Council shall communicate its decisions referred to in paragraphs 1 and 2, including the grounds for the listing, to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing such natural or legal person, entity or body with an opportunity to present observations.
   4.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decisions and inform the natural or legal person, entity or body concerned accordingly.
   Article 10
   1.   Annexes I and II shall include the grounds for listing the persons and entities referred to in Articles 3(1) and 6(1), as provided by the Security Council or by the Committee with regard to Annex I, and the Council with regard to Annex II.
   2.   Annexes I and II shall also contain, where available, the information necessary to identify the persons and entities concerned, as provided by the Security Council or by the Committee with regard to Annex I, and the Council with regard to Annex II. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to legal persons, entities or bodies, such information may include names, place and date of registration, registration number and place of business. Annexes I and II shall also include the date of designation.
   Article 11
   In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those provided for in this Decision.
   Article 12
   1.   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 and in the light of relevant decisions of the Security Council.
   2.   The measures referred to in point (b) of Article 3(1) and point (b) of Article 6(1) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 9, that the conditions for their application are no longer met.
   Article 13
   Decision 2014/449/CFSP is hereby repealed.
   Article 14
   This Decision shall enter into force on the date following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 7 May 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  Council Decision 2014/449/CFSP of 10 July 2014 concerning restrictive measures in view of the situation in South Sudan (OJ L 203, 11.7.2014, p. 100).

      (2)  Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99).

      ANNEX I

         List of persons and entities referred to in point (a) of Article 3(1) and point (a) of Article 6(1)

      ANNEX II

         List of persons and entities referred to in point (b) of Article 3(1) and point (b) of Article 6(1)

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Santino DENG
                  (a.k.a.: Santino Deng Wol)

                  Commander of the third Infantry Division of the Sudan People's Liberation Army (SPLA)

                  Santino Deng is commander of the third Infantry Division of the SPLA that took part in in the recapture of Bentiu in May 2014. Santino Deng is thus responsible for violations of the 23 January Cessation of Hostilities Agreement.

                  11.7.2014

                  2.

                  Peter GADET
                  (aka: Peter Gatdet Yaka; Peter Cadet; Peter Gadet Yak; Peter Gadet Yaak: Peter Gatdet Yaak; Peter Gatdet; Peter Gatdeet Yaka)

                  Leader of the anti-government Nuer militia. Place of birth: Mayom County Unity State

                  Peter Gadet is leader of the anti-government Nuer militia that conducted an attack on Bentiu on 15 - 17 April 2014, in violation of the 23 January Cessation of Hostilities Agreement. The attack resulted in the killing of more than 200 civilians. Peter Gadet is thus responsible for fuelling the cycle of violence, thus obstructing the political process in South Sudan, and for serious human rights violations.

                  11.7.2014


Avis juridique important

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31987D0095

87/95/EEC: Council Decision of 22 December 1986 on standardization in the field of information technology and telecommunications

Official Journal L 036 , 07/02/1987 P. 0031 - 0037 Finnish special edition: Chapter 13 Volume 16 P. 0105  Swedish special edition: Chapter 13 Volume 16 P. 0105

*****COUNCIL  DECISION  of 22 December 1986  on standardization in the field of information technology and telecommunications  (87/95/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the standards applicable in the field of information technology and the activities necessary for their preparation must, in particular, take account of:  - the complexity of the technical specifications and the precision required to ensure the exchange of information and data and the compatible operating of systems;  - the need to ensure rapid publication of standards so that undue delays do not result in the early obsolescence of texts that have been overtaken by the speed of technological change;  - the need to encourage the application of international standards for exchange of information and data on a basis which will establish their credibility from the standpoint of practical implementation;  - the economic importance of the role played by standardization in contributing to the creation of a Community market in this field;  Whereas Directive 83/189/EEC (3) enables the Commission, the Member States and the standards institutions to be informed of the intentions of standards institutions to draw up or to amend a standard, and whereas, under the terms of that Directive, the Commission may establish terms of reference for work on standardization of common interest to be undertaken jointly and at an early stage;  Whereas that Directive does not contain all the provisions necessary for the implementation of a Community policy on standardization in the field of information technology and telecommunications;  Whereas the increasing amount of technical overlap between the different fields of standardization, particularly in the case of information technology and telecommunications, is such as to justify close cooperation between standards institutions, which should collaborate in order to deal with these matters of common interest;  Whereas agreements have been recently concluded by the Commission within the framework of the Memorandum of Understanding signed with the European Conference of Postal and Telecommunications Administrations (CEPT) and in the context of the general guidelines approved with the joint standardization organization European Committee for Standardization/European Committee for Electrotechnical Standardization (CEN/CENELEC);  Whereas Directive 86/361/EEC (4) sets out programmes for work on common technical specifications (corresponding to Normes Européennes de Télécommunication (NETs)) for this field by the European Conference of Postal and Telecommunications Administrations in consultation, where appropriate, with the European Committee for Standardization and the European Committee for Electrotechnical Standardization;  Whereas the field of public procurement orders is suitably placed to encourage wider acceptance of open systems interconnection information and data exchange standards through reference to them in purchasing;  Whereas it is necessary to entrust a committee with the task of assisting the Commission in its pursuance and management of the objectives and activities laid down by the Decision,  HAS DECIDED AS FOLLOWS:  Article 1  For the purposes of this Decision:  1. 'technical specifications' means a specification contained in a document which lays down the characteristics required of a product, such as levels of quality, performance, safety or dimensions, including the requirements applicable to the product as regards terminology, symbols, testing and test methods, packaging, marking or labelling;  2. 'common technical specification' means a technical specification drawn up with a view to uniform application in all the Member States of the Community;  3. 'standard' means a technical specification approved by a recognized standards body for repeated or continuous application, compliance with which is not compulsory;  4. 'international standard' means a standard adopted by a recognized international standards body;  5. 'Draft International Standard (DIS)' means a draft standard adopted by a recognized international standards body;  6. 'international technical specification in telecommunications' means the technical specification of all or some characteristics of a product, recommended by such organizations as the Comité international télégraphique et téléphonique (CCITT) or the CEPT;  7. 'European standard' means a standard which has been approved pursuant to the statutes of the standards bodies with which the Community has concluded agreements;  8. 'European pre-standard' means a standard adopted under the reference (EPS) in accordance with the statutory rules of the standards bodies with which the Community has concluded agreements;  9. 'functional standard' means a standard worked out to yield a complex function required to ensure systems interoperability and generally obtained by the linking together of several existing reference standards and adopted in accordance with the statutory rules of standards bodies;  10. 'functional specification': the specification which defines, in the field of telecommunications, the application of one or more open system interconnection standards in support of a specific requirement for communication between information technology systems (standards recommended by such organizations as the 'Comité international télégraphique et téléphonique' (CCITT) or the CEPT);  11. 'technical regulation' means the technical specifications, including the relevant administrative provisions, the observance of which is compulsory, de jure or de facto, in the case of marketing or use in a Member State or a major part thereof, except those laid down by local authorities;  12. 'certification of conformity' means the activity whereby the conformity of a product or service to given standards or other technical specifications is certified by means of a certificate or mark of conformity;  13. 'information technology' means the systems, equipment, components and software required to ensure the retrieval, processing and storage of information in all centres of human activity (home, office, factory, etc.), the application of which generally requires the use of electronics or similar technology;  14. 'public procurement orders' means those:  - defined in Article 1 of Directive 77/62/EEC (1);  - concluded for the supply of equipment relating to information technology and telecommunications, irrespective of the sector of activity of the contracting authority;  15. 'telecommunications authorities' means recognized authorities or private enterprises in the Community which provide public telecommunications services.  Article 2  In order to promote standardization in Europe and the preparation and application of standards in the field of information technology and and functional specifications in the field of telecommunications, the following measures, subject to Article 3 (2) and Article 4, shall be implemented at Community level:  (a) regular, at least annual, determination on the basis of international standards, draft international standards or equivalent documents, of the priority standardization requirements with a view to the preparation of work  programmes and the commissioning of such European standards and functional specifications as may be deemed necessary to ensure the exchange of information and data and systems interoperability;  (b) on the basis of international standardization activities:  - the European standards institutions and specialized technical bodies in the information technology and telecommunications sector shall be invited to establish European standards, European prestandards or telecommunications functional specifications having recourse, if necessary, to the drafting of functional standards, to ensure the precision required by users for exchange of information and data and systems interoperability. Such bodies shall base their work on international standards, draft international standards or international technical specifications in telecommunications. Where an international standard, draft international standard or international technical specification in telecommunications offers clear provisions allowing its uniform application, these provisions will be adopted unaltered in the European standard, European prestandard, or telecommunication functional specification. Only where such clear provisions do not exist in the international standard, draft international standard or international technical specification in telecommunications, the European standard, European prestandard, or telecommunication functional specification will be written to clarify or, where necessary, supplement the international standard, draft international standard or international technical specification in telecommunications while avoiding divergence from it;  - the same bodies shall be invited to prepare technical specifications which may form the basis of European standards or European prestandards in the absence of, or as a contribution to the production of, agreed international standards for the exchange of information and data and systems interoperability;  (c) measures to facilitate the application of the standards and functional specifications, in particular by means of coordinating Member States' activities in:  - the verification of the conformity of products and services to the standards and functional specifications on the basis of test requirements specified;  - the certification of conformity to standards and functional specifications in accordance with properly harmonized procedures.  (d) promotion of the application of standards and functional specifications relating to information technology and telecommunications in public sector orders and technical regulations.  Article 3  1. The specific objectives of the measures proposed are described in the Annex to this Decision.  2. This Decision shall cover:  - standards in the field of Information Technology as set out in Article 5  - functional specifications for the services specifically offered over public telecommunications networks for exchange of information and data between information technology systems.  3. This Decision shall not cover:  - common technical specifications for terminal equipment connected to the public telecommunications networks, which are covered by Directive 86/361/EEC  - specifications for the equipment forming any part of the telecommunications networks themselves.  Article 4  In determining requirements as regards standardization and in drawing up a work programme for standardization and the preparation of functional specifications, the Commission shall refer in particular to the information communicated to it pursuant to Directive 83/189/EEC.  The Commission, after consulting the Committee provided for in Article 7, shall entrust the technical work to the competent European standards organizations or specialised technical bodies (CEN, CENELEC and CEPT) requesting them, if necessary, to draw up corresponding European standards or functional specifications. The mandates to be given to these organizations shall be referred for agreement to the Committee provided for under Article 5 of Directive 83/189/EEC in accordance with the procedures of the said Directive. No mandate shall be issued which overlaps with any part of work programmes commenced or drawn up under Directive 86/361/EEC.  Article 5  1. Taking account of the differences between existing national procedures, Member States shall take the necessary steps to ensure that reference is made to:  - European standards and European prestandards as described in Article 2 (b);  - international standards when accepted in the country of the contracting authority;  in public procurement orders relating to information technology so that these standards are used as the basis for the exchange of information and data for systems interoperability. 2. In order to provide end-to-end compatibility, Member States shall take the necessary steps to ensure that their telecommunications administrations use functional specifications for the means of access to their public telecommunication networks for those services specifically intended for exchange of information and data between information technology systems which themselves use the standards mentioned in paragraph 1.  3. Application of this Article shall take account of special circumstances as outlined below which may justify the use of standards and specifications other than those provided for in this Decision:  - the need for operational continuity in existing systems, but only as part of clearly defined and recorded strategies for subsequent transition to international or European standards or functional specifications;  - the genuinely innovative nature of certain projects;  - where the standard or functional specification in question is technically inadequate for its purpose on the grounds that it does not provide the appropriate means of achieving information and data exchange or systems interoperability, or that the means (including testing) do not exist to establish satisfactorily conformity of a product to that standard or functional specification or where, in the case of European Pre-Standards, these lack the necessary stability for application. It shall be open to other Member States to demonstrate to the Committee referred to in Article 7 that equipment conforming to the standard had been used satisfactorily, and that use of this waiver was not justified;  - where, after careful consultation of the market, it is found that important reasons related to cost-effectiveness make use of the standard or functional specification in question inappropriate. It would be open to other Member States to demonstrate to the Committee referred to in Article 7 that equipment conforming to that standard had been used satisfactorily on a normal commercial basis, and that use of this waiver was not justified.  4. In addition, Member States may require reference, on the same basis as in paragraph 1, to draft international standards.  5. Contracting authorities relying upon paragraph 3 shall record their reasons for doing so, if possible, in the initial tender documents issued in respect of the procurement, and in all cases shall record these reasons in their internal documentation and shall supply such information on request to tendering companies and to the Committee referred to in Article 7 whilst respecting commercial confidentiality. It shall also be possible for complaints about use of derogations referred to in paragraph 3 to be made direct to the Commission.  6. The Commission shall ensure that the provisions of this Article are applied in the case of all Community projects and programmes, including public procurement orders financed from the Community budget.  7. Contracting authorities, if they consider it necessary, may apply other specifications to contracts of a value lower than 100 000 ECU, provided that these purchases will not prevent the use of the standards mentioned in paragraphs 1 and 2 in any contract of a greater value than the sum mentioned in this paragraph. The need for the derogation or the level of the threshold established in this paragraph will be reviewed within three years of the briging into application of this Decision.  Article 6  When drafting or amending technical regulations in areas covered by this Decision, Member States shall refer to the standards referred to in Article 5 whenever these meet in an appropriate fashion the required technical specifications of the regulation.  Article 7  1. An advisory committee, called the 'Senior Officials Group on standardization in the field of Information Technology' shall assist the Commission in its pursuance of the objectives and its management of the activities laid down by the Decision. It shall consist of representatives appointed by the Member States, who may call on the assistance of experts or advisers: its chairman shall be a representative of the Commission. For telecommunication issues the competent committee is the 'Senior Officials Group for Telecommunications' provided for in Article 5 of Directive 86/361/EEC.  2. The Commission shall consult the Committee when determining Community priorities, implementing measures referred to in the Annex, when dealing with matters concerning the verification of conformity to standards, monitoring the implementation of Article 5 and other matters relating to standardization in the field of information technology and telecommunications, or other fields which which these overlap. It shall also consult the Committee on the report referred to in Article 8.  3. The Commission shall coordinate the activities of these Committees with the Committee provided for in Article 5 of Directive 83/189/EEC in particular where there is a potential overlap in issuing requests to European standards institutions under this Decision and that Directive. 4. Any questions regarding the implementation of this Decision may be submitted to the Committee at the request of the Chairman or a Member State.  5. The Committee shall meet at least twice a year.  6. The Committee shall adopt its own rules of procedure.  7. The Secretariat of the Committee shall be provided by the Commission.  Article 8  Every two years the Commission shall submit a progress report to the European Parliament and the Council on standardization activities in the information technology sector. This report shall refer to the implementing arrangements adopted within the Community, the results obtained, the application of those results in public procurement contracts and national technical regulations, and, in particular, their practical significance for certification.  Article 9  This Decision shall not prejudice the application of Directive 83/189/EEC and Directive 86/361/EEC.  Article 10  This Decision shall be brought into application one year from the date of its publication in the Official Journal of the European Communities.  Article 11  This Decision is addressed to the Member States.  Done at Brussels, 22 December 1986.  For the Council  The President  G. SHAW  (1) OJ No C 36, 17. 2. 1986, p. 55.  (2) OJ No C 303, 25. 11. 1985, p. 2.  (3) OJ No L 109, 26. 4. 1983, p. 8.  (4) OJ No L 217, 5. 8. 1986, p. 21.  (1) OJ No L 13, 15. 1. 1977, p. 1.  ANNEX  MEASURES FOR STANDARDIZATION IN THE FIELD OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS  1.2 // 1.   // Aims   //   // (a) to contribute to the integration of the internal Community market in the information technology and telecommunications sector;   //   // (b) to improve the international competitiveness of Community manufacturers by allowing for greater market uptake in the Community of equipment manufactured to recognized European and international standards;   //   // (c) to facilitate the exchange of information throughout the Community, by reducing the obstacles created by incompatibilities arising from the absence of standards or their lack of precision;   //   // (d) to ensure that user requirements are taken into account by giving users greater freedom to assemble their systems in a manner guaranteeing operating compatibility and, consequently, improved preformance at a lower cost;   //   // (e) to promote the application of standards and functional specifications in public sector orders.   // 2.   // Description of measures and activities to be undertaken   // 2.1.   // Preparation of work programmes and definition of priorities   //   // The drawing-up of work programmes and assignment of priorities taking account of Community requirements and the economic impact of these activities from the standpoint of users, producers and telecommunications administrations. The tasks to be performed at this level may include, in particular:  // 2.1.1.   // gathering detailed information on the basis of national and international programmes, presentation of that information in a form which facilitates comparative analysis and preparation of the summaries required for the work of the Committee;   // 2.1.2.   // The dissemination of that information, the examination of requirements and the consultation of interested parties;   // 2.1.3.  // synchronization of the work programmes with international standardization activities;   // 2.1.4.   // the management of work programmes;   // 2.1.5.   // the preparation of reports describing the execution of the activities and the practical results of their implementation.   // 2.2.   // The execution of standardization activities in the field of information technology   //   // Execution of the work programmes necessitates the implementation of a series of activities, responsibility for which is generally entrusted to CEN/CENELEC and to the CEPT and which correspond to the different stages of activity that must be completed in order to ensure the credibility of standards.   //   // These activities include:  // 2.2.1.   // the refinement of international standards in an effort to remove the ambiguities and options that distort the function of standards designed to guarantee the exchange of information and the compatible operation of systems;  // 2.2.2.   // the drafting of prestandards in cases justified by the excessive delays of international standardization procedures, or of standards required in the Community context in the absence of international standards;   // 2.2.3.   // the definition of the conditions to be fulfilled in order to establish complete conformity to a standard;   // 2.2.4.  // the preparation of test standards or test specifications included in the standards and the organization of procedures and structures to enable test laboratories to check conformity to those standards on a properly harmonized basis.  // 2.3.   // Activities affecting the telecommunications sector   //   // The standardization measures which concern the telecommunications sector include two types of activity:   //  // - the drafting of functional specifications, based on international or European standards/specifications where they exist, for the means of access to public telecommunication networks for those services specifically intended for exchange of information and data between information technology systems. This technical work comes under the harmonization activities carred out in the telecommunications section and is entrusted to CEPT following the procedures described in Directive 86/361/EEC,   //   // - the work to be carried out in the field common to information technology and to telecommunications requires increased cooperation between the competent technical bodies (i.e. CEN/CENELEC/CEPT). It should raise the degree of convergence so that the standards and functional specifications can be applied in as many ways as possible and in a harmonized manner following the procedure described in Directive 83/189/EEC.   // 2.4.   // Complementary measures   //  // This part of the programme covers the following measures:  // 2.4.1.   // specific metrological activities relating to:  //   // - promotion of the development of test and validation instruments and formal description techniques,   //   // - support for the case of references, particularly in the case of applications requiring the use of functional standards based on a number of standards in combination;   // 2.4.2.   // the promotion of the preparation of manuals giving guidance on the application of standards for the final user;   // 2.4.3.  // the promotion of demonstrations in respect of the operating compatibility achieved as a result of the application of a standard. The main aim of this action will be to make the test and metrological instruments defined in 2.4.1. available for use in different projects and to ensure that development standards are experimented with;   // 2.4.4.   // the promotion of arrangements that go beyond the framework of industrial standardization, depend on agreements concluded in particular fields of professional activity and contribute to the efficient exchange of information (travel agency transactions, automation of money transactions, computerization of customs documents, robotics, office automation, micro-computing, etc.);  // 2.4.5.   // studies and projects relating specifically to standardization in the field of information technology.   // 3.   // Measures relating to the application of standards in the public procurement sector   //   // Determination of the most efficient methods of ensuring the rapid application of the standards and technical specifications within the context of the present Decision while assuring appropriate linking with activities depending on Directive 77/62/EEC (1).  (1) OJ No L 13, 15. 1. 1977, p. 1.


title: 2007/317/EC: Council Decision of 16 April 2007 establishing the position to be adopted, on behalf of the Community, within the International Grains Council with respect to the extension of the Grains Trade Convention 1995

text:
               9.5.2007

               EN

               Official Journal of the European Union

               L 119/30

      COUNCIL DECISION

   of 16 April 2007
   establishing the position to be adopted, on behalf of the Community, within the International Grains Council with respect to the extension of the Grains Trade Convention 1995
   (2007/317/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the second subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:
   The Grains Trade Convention 1995 was concluded by the Community by Decision 96/88/EC (1) and was regularly extended for further periods of two years. The Convention was extended last time by decision of the International Grains Council in June 2005 and remains in force until 30 June 2007. A further extension is in the interest of the Community. The Commission, which represents the Community in the International Grains Council, should therefore be authorised to vote in favour of such extension,
   HAS DECIDED AS FOLLOWS:
   Sole Article
   The Community’s position within the International Grains Council shall be to vote in favour of the extension of the Grains Trade Convention 1995 for a further period of up to two years.
   The Commission is hereby authorised to express this position within the International Grains Council.

      Done at Luxembourg, 16 April 2007.

            For the Council

            The President

         H. SEEHOFER

      (1)  OJ L 21, 27.1.1996, p. 47.


title: 2012/760/EU: Council Decision of 6 December 2012 appointing a German member and a German alternate member of the Committee of the Regions

text:
               8.12.2012

               EN

               Official Journal of the European Union

               L 336/82

         COUNCIL DECISION
   of 6 December 2012
   appointing a German member and a German alternate member of the Committee of the Regions
   (2012/760/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

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

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Heinz MAURUS.

               (3)

               An alternate member’s seat has become vacant following the end of the term of office of Dr Ekkehard KLUG,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as member:

                           —

                           Ms Anke SPOORENDONK, Ministerin für Justiz, Kultur und Europa,

                     and

               (b)

               as alternate member:

                           —

                           Mr Eberhard SCHMIDT-ELSAESSER, Staats-sekretär.

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

      Done at Brussels, 6 December 2012.

            For the Council

            The President

         S. CHARALAMBOUS

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

      (2)  OJ L 12, 19.1.2010, p. 11.