title: 2012/93/Euratom: Council Decision of 19 December 2011 concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012 to 2013)

text:
               18.2.2012

               EN

               Official Journal of the European Union

               L 47/25

         COUNCIL DECISION
   of 19 December 2011
   concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012 to 2013)
   (2012/93/Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 thereof,
   Having regard to the proposal from the European Commission submitted after consultation of the Scientific and Technical Committee,
   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)

               Joint national and European efforts in the area of research and training are essential to promote and ensure economic growth and the well-being of citizens in Europe.

               (2)

               The Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012–2013) (hereinafter ‘the Framework Programme’) should complement other European Union actions in the area of research policy that are necessary for implementing the Europe 2020 strategy adopted by the European Council on 17 June 2010, in particular those on education, training, competitiveness and innovation, industry, employment, and the environment.

               (3)

               The Framework Programme should build on the achievements of the Seventh Framework Programme adopted by Council Decision 2006/970/Euratom of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) (3), whilst including necessary reinforced emphasis on nuclear safety contributing to reorientation of nuclear research. It should also contribute to the creation of the European Research Area and towards the development of a knowledge economy and society in Europe.

               (4)

               The Framework Programme should contribute to the implementation of the Innovation Union, one of the Europe 2020 flagship initiatives adopted by the Council conclusions at its meeting on 25 and 26 November 2010, by enhancing competition for scientific excellence and accelerating the deployment of key innovations in the nuclear energy field, notably in fusion and nuclear safety, and contribute to tackling energy and climate change challenges.

               (5)

               In the context of the Energy Policy for Europe, the European Council at its meeting on 8 and 9 March 2007 confirmed that it is for each and every Member State to decide whether or not to rely on nuclear energy and stressed that this has to be done while further improving nuclear safety and the management of radioactive waste. It is also acknowledged that nuclear energy has, for the time being, the role of a ‘bridging technology’ in certain Member States.

               (6)

               Notwithstanding the potential impact of nuclear energy on energy supply and economic development, severe nuclear accidents may have a potential to endanger human health. Therefore, under the Framework Programme, nuclear safety and, where appropriate, security aspects should be given greatest possible attention. The security aspects of the Framework Programme should be limited to the direct actions of the Joint Research Centre (JRC).

               (7)

               The European Strategic Energy Technology Plan (SET Plan), set out in the Council conclusions of 28 February 2008, is accelerating the development of a portfolio of low carbon technologies. The European Council agreed, at the meeting on 4 February 2011, that the Union and its Member States would promote investment in renewables, safe and sustainable low carbon technologies and focus on implementing the technology priorities established in the SET Plan.

               (8)

               The Community has created a single and fully integrated fusion research programme that has taken a leading international role in the development of fusion as a source of energy.

               (9)

               Following the Council Decision of 20 December 2005, the Community acceded to the Framework Agreement for International Collaboration on Research and Development of Generation-IV International Forum (GIF) on11 May 2006. The GIF coordinates multilateral cooperation in pre-conceptual design research on a number of advanced nuclear systems also aiming at satisfactorily addressing nuclear safety, waste, proliferation and public perception concerns, relevant for the Framework Programme.

               (10)

               The Council Conclusions on the need for skills in the nuclear field, adopted at its meeting held on 1 and 2 December 2008, recognise that it is essential to maintain within the Community a high level of training in the nuclear field.

               (11)

               In 2010, the Commission received the final reports on an external assessment of implementation and results of the Community activities in nuclear research over the period 2007-2009, covering both direct and indirect actions.

               (12)

               The realisation of the International Thermonuclear Experimental Reactor (ITER) in Europe, in accordance with the Agreement of 21 November 2006 on the establishment of the ITER International Fusion Energy Organisation for the joint implementation of the ITER project (4), should be the central feature of fusion research activities under the Framework Programme.

               (13)

               The Community activities to help realise ITER, in particular to construct ITER at Cadarache and carry out the ITER technology research and development during the Framework Programme are to be steered by the European Joint Undertaking for ITER and the Development of Fusion Energy (Fusion for Energy), in accordance with Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (5).

               (14)

               Research activities supported by the Framework Programme should respect fundamental ethical principles, including those reflected in the Charter of Fundamental Rights of the European Union.

               (15)

               This Decision should establish, for the entire duration of the Framework Programme, a financial envelope that constitutes the prime reference, within the meaning of point 37 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (6), for the budgetary authority during the annual budgetary procedure.

               (16)

               The JRC should contribute to providing customer-driven scientific and technological support for the formulation, development, implementation and monitoring of the Union’s policies with an enhanced focus on safety and security research. In this regard, the JRC should continue to function as an independent reference centre of science and technology in the Union in the areas of its specific competence. The JRC should notably have the necessary capacity to provide independent scientific and technical expertise in the field of nuclear incidents and accidents.

               (17)

               The international and global dimension of European research activities is important with a view to obtain mutual benefits. The Framework Programme should be open to the participation of countries that have concluded the necessary agreements to this effect, and should also be open, at project level and on the basis of mutual benefit, to the participation of entities from third countries and of international organisations for scientific cooperation.

               (18)

               The Framework Programme should contribute to the enlargement of the Union by providing scientific and technological support to the candidate countries for their implementation of the Union acquis and for their integration within the European Research Area.

               (19)

               The Communication from the Commission of 26 March 2009 on nuclear non-proliferation, recognises the role of the JRC in the field of nuclear security research and training.

               (20)

               Appropriate measures should also be taken to prevent irregularities and fraud and to recover funds lost, wrongly paid or incorrectly used, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (7), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (8) and Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (9),

         HAS ADOPTED THIS DECISION:
   Article 1
   Adoption of the Framework Programme
   A multiannual framework programme for nuclear research and training activities (hereinafter the ‘Framework Programme’), is adopted for the period from 1 January 2012 to 31 December 2013.
   Article 2
   Objectives
   1.   The Framework Programme shall pursue the general objectives set out in Article 1 and Article 2(a) of the Treaty with special consideration of nuclear safety, security and radiation protection, while contributing towards the creation of the Innovation Union and building on the European Research Area.
   2.   The Framework Programme shall cover Community research, technological development, international cooperation, dissemination of technical information, exploitation activities and training, to be set out in two specific programmes.
   3.   The first specific programme shall cover the following indirect actions:

               (a)

               fusion energy research, with the objective of developing the technology for a safe, sustainable, environmentally responsible and economically viable energy source;

               (b)

               nuclear fission, safety and radiation protection, with the objective of enhancing the safety of nuclear fission and other uses of radiation in industry, in medicine and in improving the management of radioactive waste.

         4.   The second specific programme shall cover the direct research activities of the Joint Research Centre (JRC) in the field of nuclear waste management, environmental impact, safety and security.
   5.   The objectives and broad lines of the two specific programmes are set out in Annex I.
   Article 3
   Maximum amount and shares assigned to each specific programme
   The maximum amount for the implementation of the Framework Programme shall be EUR 2 560 270 000. This amount shall be distributed as follows:

               (a)

               for the specific programme, referred to in Article 2(3), to be carried out by means of indirect actions:

                           —

                           fusion energy research

                           EUR 2 208 809 000 (10),

                           —

                           nuclear fission, safety, and radiation protection

                           EUR 118 245 000;

               (b)

               for the specific programme, referred to in Article 2(4), to be carried out by means of direct actions:

                           —

                           nuclear activities of the JRC

                           EUR 233 216 000.

         The detailed rules for Community financial participation in the Framework Programme are set out in Annex II.
   Article 4
   Protection of the Union’s financial interests
   For Community actions financed under this Decision, Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Union law, including the infringement of a contractual obligation under the Framework Programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by it as a result of an unjustified item of expenditure.
   Article 5
   Fundamental ethical principles
   All the research activities carried out under the Framework Programme shall be carried out in compliance with fundamental ethical principles.
   Article 6
   Monitoring, assessment and review
   1.   The Commission shall continually and systematically monitor the implementation of the Framework Programme and its specific programmes and regularly report and disseminate the results of this monitoring. In early 2013, a specific monitoring report shall be presented to the Council, dedicated to the implementation of nuclear safety and security activities of the Framework Programme.
   2.   Following the completion of the Framework Programme, the Commission shall, by 31 December 2015, have an external evaluation carried out by independent experts of its rationale, implementation and achievements. The Commission shall communicate the conclusions thereof, accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
   Article 7
   Entry into force
   This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union.

      Done at Brussels, 19 December 2011.

            For the Council

            The President

         M. KOROLEC

      (1)  Opinion of 17 November 2011 (not yet published in the Official Journal). Opinion delivered following non-compulsory consultation.

      (2)  OJ C 318, 29.10.2011, p. 127. Opinion delivered following non-compulsory consultation.

      (3)  OJ L 400, 30.12.2006. p. 60.

      (4)  OJ L 358, 16.12.2006, p. 62.

      (5)  OJ L 90, 30.3.2007, p. 58.

      (6)  OJ C 139, 14.6.2006, p. 1.

      (7)  OJ L 312, 23.12.1995, p. 1.

      (8)  OJ L 292, 15.11.1996, p. 2.

      (9)  OJ L 136, 31.5.1999, p. 8.

      (10)  Within this total amount, sufficient funding will be reserved for activities other than the construction of ITER listed in Annex I.

      ANNEX I

         SCIENTIFIC AND TECHNOLOGICAL OBJECTIVES, THEMES AND ACTIVITIES

      INTRODUCTION
      The Framework Programme is organised in two parts corresponding to the ‘indirect’ actions on fusion energy research and nuclear fission and radiation protection, and the ‘direct’ research activities of the JRC.
      I.A.   FUSION ENERGY RESEARCH

         Objective

      Developing the knowledge base for, and realising ITER as a major step towards, the creation of prototype reactors for power stations that are safe, sustainable, environmentally responsible, and economically viable.

         Rationale

      Fusion has the potential to make a major contribution to the realisation of a sustainable and secure energy supply for the Union a few decades from now. Its successful development would provide energy which is safe, sustainable and environmentally friendly. The long-term goal of European fusion research, embracing all the fusion activities in the Member States and associated third countries, is the joint creation of prototype reactors for power stations which meet these requirements, and are economically viable.
      The first priority of the strategy to achieve the long-term goal is the construction of ITER (a major experimental facility which will demonstrate the scientific and technical feasibility of fusion power), followed by the construction of a demonstration fusion power plant (DEMO). ITER construction will be accompanied by a focused programme of supporting R & D for ITER and limited activities on the technologies and physics required for DEMO.
      The global dimension of fusion R & D is embodied in the Agreement of 21 November 2006 on the establishment of the ITER International Fusion Energy Organisation for the joint implementation of the ITER project and the Agreement between the Government of Japan and the Community for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research (1).
      International cooperation is also pursued within eight bilateral fusion Cooperation Agreements in force between the Community and third countries.

         Activities

      1.   The realisation of ITER
      This includes activities for the joint realisation of ITER, in particular governance of the ITER International Organisation and the European Joint Undertaking for ITER, management and staffing, general technical and administrative support, construction of equipment and installations and support for the project during construction.
      2.   R & D in preparation of ITER operation
      A focused physics and technology programme will exploit the Joint European Torus (JET) and other ITER-relevant magnetic confinement devices. It will assess specific key ITER technologies, consolidate ITER project choices, and prepare for ITER operation.
      3.   Limited technology activities in preparation of DEMO
      Fusion materials and key technologies for fusion will be further developed, and the work of the team preparing for the construction of the International Fusion Materials Irradiation Facility (IFMIF) will continue.
      4.   R & D activities for the longer term
      There will be limited activities on improved concepts for magnetic confinement schemes (focused on the preparation for operation of the W7-X stellarator device), and theory and modelling aimed at a comprehensive understanding of fusion plasmas.
      5.   Human resources, education and training
      In view of the immediate and medium term needs of ITER, and for the further development of fusion, initiatives aimed at training the ‘ITER Generation’, in terms of numbers, range of skills and high-level training and experience will be pursued.
      6.   Infrastructures
      ITER will be a new research infrastructure with a strong European dimension.
      7.   Industry and technology transfer processes
      New organisational structures are needed for swift transfer of innovations deriving from ITER to European industry. This will be a task of the Fusion Industry Innovation Forum which will develop a fusion technology roadmap and human resource development initiatives, with an emphasis on innovation and potential for providing new products and services.
      I.B.   NUCLEAR FISSION, SAFETY, AND RADIATION PROTECTION

         Objective

      Establishing a sound scientific and technical basis in order to accelerate practical developments for the safer management of long-lived radioactive waste, enhancing in particular the safety (2), while contributing to resource efficiency and cost-effectiveness of nuclear energy and ensuring a robust and socially acceptable system of protection of man and the environment against the effects of ionising radiation.

         Rationale

      Nuclear power constitutes an element in the debate on combating climate change and reducing Europe’s dependence on imported energy. In the broader context of finding a sustainable energy-mix for the future, the Framework Programme will also contribute through its research activities to the debate on the benefits and the limitations of nuclear fission energy for a low-carbon economy. Through ensuring even higher safety levels, more advanced nuclear technologies could also offer the prospect of significant improvements in efficiency and use of resources and producing less waste than current designs. Nuclear safety aspects will receive the greatest possible attention.
      Efforts are still required to ensure a continuation of the Community’s outstanding safety record and the improvement of radiation protection continues to be a priority area. The key issues are operational reactor safety and management of long-lived waste, both of which are being addressed through continued work at the technical level, though allied political and societal inputs are also required. In all uses of radiation, throughout industry and medicine alike, the overriding principle is the protection of man and the environment. All thematic domains to be addressed here are characterised by an overriding concern to ensure high levels of safety.
      Three major European cooperative initiatives in nuclear science and technology have been launched since the start of the Seventh Euratom Framework Programme. They are the Sustainable Nuclear Energy Technology Platform (SNETP), the Implementing Geological Disposal Technology Platform (IGDTP) and the Multidisciplinary European Low-Dose Initiative (MELODI). The activities of both SNETP and IGDTP correspond very closely with strategic energy technology plan priorities, and a core group of SNETP organisations are responsible for implementing ESNII, the European Sustainable Nuclear Industrial Initiative. They encompass activities within the scope of the Framework Programme, notably in so far as nuclear safety is concerned.
      There is increasing interaction between SNETP, IGDTP and MELODI and other stakeholder forums at the Union level, such as the European Nuclear Energy Forum (ENEF) and the European Nuclear Safety Regulators Group (ENSREG), and further synergies will be sought as appropriate through framework programme activities whilst recalling that the development of industrial products and services should be funded by the industry itself.
      The Framework Programme is characterised by an overriding concern to promote high levels of safety, taking also into consideration the international context. It will also continue to support initiatives to ensure that facilities, training and training opportunities in Europe remain appropriate in view of current orientations of national programmes and in the best interests of the Union as a whole, in particular as regards nuclear safety and radiation protection. This, more than anything else, will ensure that an appropriate safety culture is maintained.

         Activities

      1.   Management of ultimate radioactive waste
      Implementation-oriented research activities on remaining key aspects of deep geological disposal of spent fuel and long-lived radioactive waste with, as appropriate, demonstration of the technologies and safety, and to underpin development of a common European view on the main issues related to waste management from discharge to disposal.
      2.   Reactor systems
      Research to underpin the safe operation of all relevant reactor systems (including fuel cycle facilities) in use in Europe or, to the extent necessary in order to maintain broad nuclear safety expertise in Europe, those reactor types which may be used in the future, focusing exclusively on safety aspects, including all aspects of the fuel cycle such as partitioning and transmutation. Accompanying measures to contribute to the debate on a sustainable energy mix in Europe.
      3.   Radiation protection
      Research, in particular on the risks from low doses, medical uses and the management of accidents, to provide a scientific basis for a robust, equitable and socially acceptable system of protection, taking also into consideration the benefits of the uses of radiation in medicine and industry.
      4.   Infrastructures
      Support for the use and continued availability of, and cooperation between, key research infrastructures in the priority thematic areas above.
      5.   Human resources and training
      Support for the retention and further development of scientific competence and human capacity in order to guarantee the availability of suitably qualified researchers, engineers and employees in the nuclear sector over the longer term.
      II.   NUCLEAR ACTIVITIES OF THE JOINT RESEARCH CENTRE (JRC)

         Objective

      The JRC Nuclear Specific Programme aims at satisfying the R & D obligations of the Treaty, with special emphasis on nuclear safety and radiation protection, and supporting both Commission and Member States in the fields of safeguards and non-proliferation, waste management, safety of nuclear installations and fuel cycle, radioactivity in the environment and radiation protection. The JRC shall further strengthen its role of a European reference for the dissemination of information, training and education for professionals and young scientists, notably in the areas of nuclear safety and security, and radiation protection.

         Rationale

      There is a clear need for developing knowledge, skills and competence to provide the required scientific state of the art independent and reliable expertise in support to the Union’s policies in the domains of nuclear reactor and fuel cycles safety, nuclear safeguards and security. The customer driven support to the Union’s policy underlined in the JRC’s mission will be complemented with a proactive role within the European Research Area in undertaking high quality research activities in close contact with industry and other bodies and developing networks with public and private institutions in the Member States.

         Activities

                  1.

                  Nuclear waste management and environmental impact will focus on reducing uncertainties and solving open issues in waste disposal, in order to develop effective solutions for the management of high level nuclear waste following the two major options (direct disposal or partitioning and transmutation). Activities will also be developed to enhance the understanding and modelling of the physics, chemistry and fundamental properties of actinide materials, and the database of high accuracy nuclear reference data, for nuclear energy and non-nuclear applications (e.g. medical). To extend the radiological protection effort, further development of environmental models of radioisotope dispersion coupled with monitoring tests in environmental radioactivity in support to the harmonisation of the national monitoring process and systems will be carried out.

                  2.

                  Nuclear safety will contribute to the implementation of research on safety of fuel cycles, focusing predominantly on reactor safety of present reactors in the Union. Research will also address reactor safety of new innovative designs, safety and safeguard aspects of innovative fuel cycles, extended burn-up or of new types of fuels. It will also pursue the development of safety requirements and advanced evaluation methods for reactor systems of relevance to nuclear safety in Europe. In addition the JRC will coordinate the European contribution to the Generation IV International Forum R & D initiative, by acting as integrator and disseminating research in this area. Furthermore, it will provide scientific expertise regarding nuclear incidents and accidents.

                  3.

                  Nuclear security, will further support the accomplishment of Community commitments, in particular development of methods for the control of the fuel cycle facilities, the implementation of the additional protocol including environmental sampling and integrated safeguards, and the prevention of the diversion of nuclear and radioactive materials associated with illicit trafficking of such materials including the nuclear forensics.

         (1)  OJ L 246, 21.9.2007, p. 34.

         (2)  Any nuclear security research activities are covered under heading II ‘Nuclear activities of the Joint Research Centre (JRC)’.

      ANNEX II

         FUNDING SCHEMES

      Subject to the rules for participation established for the implementation of the Framework Programme, the Community will support research and technological development activities, including demonstration activities in the specific programmes, through a range of funding schemes. These schemes will be used, either alone or in combination, to fund different categories of actions implemented throughout the Framework Programme.
      1.   FUNDING SCHEMES IN FUSION ENERGY
      In the field of fusion energy research, the particular nature of such activities requires specific arrangements. Financial support will be given to activities carried out on the basis of procedures set out in:

                  1.1.

                  Contracts of Association, between the Commission and Member States or fully associated third countries or between the Commission and entities within Member States or fully associated third countries for the execution of part of the Community fusion energy research programme in accordance to Article 10 of the Treaty;

                  1.2.

                  the European Fusion Development Agreement, a multilateral agreement concluded between the Commission and organisations in, or acting for, Member States and associated third countries to provide, among other things, a framework for further research on fusion technology in associated organisations and in industry, the use of JET facilities and the European contribution to international cooperation;

                  1.3.

                  the European Joint Undertaking for ITER, based on Articles 45 to 51 of the Treaty;

                  1.4.

                  international agreements between the Community and third countries covering activities in the field of fusion energy research and development, in particular the ITER and the Broader Approach Agreements;

                  1.5.

                  any other multilateral agreement concluded between the Community and associated organisations, in particular the Agreement on Staff Mobility;

                  1.6.

                  cost-sharing actions to promote and contribute to fusion energy research with bodies in Member States or third countries associated with the Framework Programme where there is no Contract of Association.

            In addition to the above activities, actions to promote and develop human resources, fellowships, integrated infrastructure initiatives and specific support actions may be undertaken in particular to coordinate fusion energy research, to undertake studies in support of these activities and to support publications, information exchange, and training in order to promote technology transfer.
      2.   FUNDING SCHEMES IN OTHER FIELDS
      The activities in fields other than fusion energy under the Framework Programme will be funded through a range of funding schemes. These schemes will be used, either alone or in combination, to fund different categories of actions implemented throughout the Framework Programme.
      The decisions on specific programmes, work programmes and calls for proposals will mention, as and when appropriate:

                  —

                  the type(s) of scheme(s) used to fund different categories of actions,

                  —

                  the categories of participants (such as research organisations, universities, industry, public authorities) that can benefit from them,

                  —

                  the types of activities (research, development, demonstration, training, dissemination, transfer of knowledge and other related activities) that can be funded.

            Where different funding schemes can be used, the work programmes may specify the funding scheme to be used for the topic on which proposals are invited.
      The funding schemes are as follows:

                  (a)

                  To support actions that are primarily implemented on the basis of calls for proposals:

                              1.

                              Collaborative projects
                              Support for research projects carried out by consortia with participants from different countries, aiming to develop new knowledge, new technology, products or common resources for research. The size, scope and internal organisation of projects can vary from field to field and from topic to topic. Projects can range from small or medium-scale focused research actions to larger integrating projects that mobilise a significant volume of resources for achieving a defined objective. Support for the training and career development of researchers will be included in project work plans.

                              2.

                              Networks of excellence
                              Support for joint research programmes implemented by a number of research organisations integrating their activities in a given field and carried out by research teams under longer-term cooperation. The implementation of these joint research programmes will require the formal commitment of such organisations. Support for training and career development of researchers will be included in project work plans.

                              3.

                              Coordination and support actions
                              Support for activities to coordinate coordinating or supporting research (networking, exchanges, transnational access to research infrastructures, studies, conferences, contributions during construction of new infrastructure, etc.) or to promote the development of human resources (e.g. networking and setting up training schemes). These actions may also be implemented by means other than calls for proposals.

                  (b)

                  To support actions implemented on the basis of decisions by the Council, following a proposal from the Commission, the Community will provide financial support to multi-financed large-scale initiatives as follows:

                              —

                              a financial contribution to the implementation of joint undertakings on the basis of the procedures and provisions set out in Articles 45 to 51 of the Treaty,

                              —

                              a financial contribution to the development of new infrastructures of European interest.

            The Community will implement the funding schemes in compliance with the provisions of Council Regulation (Euratom) No 139/2012 of 19 December 2011 laying down the rules for the participation of undertakings, research centres and universities in indirect actions under the Framework Programme of the European Atomic Energy Community and for the dissemination of research results (2012 to 2013) (1), as regards the rules for the participation of undertakings, research centres and universities, the relevant State aid instruments, in particular the framework for State aid to research and development, as well as international rules in this area. In compliance with this international framework, the scale and form of financial participation will need to be considered on a case-by-case basis, in particular if funding from other public sector sources is available, including other sources of Union financing such as the European Investment Bank.
      For participants in an indirect action pursued in a region lagging in development (convergence regions as defined in Article 5 of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (2), including regions eligible for funding from the Structural Funds under the Convergence objective and regions eligible for funding from the Cohesion Fund, and outermost regions), complementary funding from the Structural Funds will be mobilised wherever possible and appropriate.
      3.   DIRECT ACTIONS — JOINT RESEARCH CENTRE
      The Community will have activities implemented by the JRC, which are referred to as direct actions, in accordance with Council Decision 2012/95/Euratom of 19 December 2011 concerning the specific programme, to be carried out by means of direct actions by the Joint Research Centre, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012 to 2013) (3).

         (1)  See page 1 of this Official Journal.

         (2)  OJ L 210, 31.7.2006, p. 25.

         (3)  See page 40 of this Official Journal.


Avis juridique important

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31987D0283

87/283/EEC: Decision of the European Parliament of 7 April 1987 granting a discharge to the Commission in respect of the financial management of the fifth European Development Fund in the financial year 1985

Official Journal L 137 , 27/05/1987 P. 0025 - 0027

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 7 April 1987  granting a discharge to the Commission in respect of the financial management of the fifth European Development Fund in the financial year 1985  (87/283/EEC)  THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community,  - having regard to the Second ACP-EEC Convention of Lomé (1),  - having regard to the balance sheets and revenue and expenditure accounts of the third, fourth and fifth European Development Funds for the financial year 1985 (2),  - having regard to the report of the Court of Auditors concerning the financial year 1985, accompanied by the replies of the Institutions (3),  - having regard to the Council recommendation concerning the granting of this discharge (Doc. C 2-13/87),  - whereas the Treaty of 22 July 1975 authorizes the European Parliament to grant a discharge in respect of the financial activities of the Community,  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 2-9/87),  1. Hereby grants a discharge to the Commission in respect of the financial management of the fifth European Development Fund in the financial year 1985 on the basis of the following amounts:  1.2 // Revenue:   // 697 304 353,78 ECU,   // Payments:  // 586 293 595,07 ECU;  2. Presents its comments in the resolution accompanying this Decision;  3. Instructs its President to forward this Decision and the resolution containing its comments to the Commission, the Council, the Court of Auditors and the European Investment Bank, and to arrange for their publication in the Official Journal of the European Communities (L series).  Done at Strasbourg, 7 April 1987.  The President  Sir Henry PLUMB  (1) OJ No L 347, 22. 12. 1980.  (2) COM(86) 177 final.  (3) OJ No C 321, 15. 12. 1986.  RESOLUTION  containing the comments accompanying the Decisions granting a discharge in respect of the financial management of the third, fourth and fifth European Development Funds in the financial year 1985  THE EUROPEAN PARLIAMENT,  - having regard to Articles 137 and 206b of the Treaty establishing the European Economic Community,  - having regard to Articles 67 and 70 respectively of the financial regulations applicable to the fourth and fifth European Development Funds, under the terms of which the Commission is required to adopt all appropriate measures to act on the comments accompanying the discharge decision,  - noting that these same Articles also require the Commission to report, at the request of the European Parliament, on the measures it has adopted in response to Parliament's comments and, in particular, on the instructions it has given to the services responsible for the management of the European Development Funds,  - deciding to present the comments specified in the abovementioned Articles 67 and 70 in this resolution, which covers all the discharge decisions relating to the financial management of the European Development Funds for the financial year 1985,  - also adopting this resolution in pursuance of those powers without which it cannot accomplish its task of exercising control with a view to mitigating the deficiencies perceived during its work on the discharge and ensuring that the European Development Funds (EDF) are better managed,  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 2-9/87),  Third EDF  1. Notes that the Commission took financing decisions under the third EDF in 1985, thereby delaying its closure;  2. Notes that on 10 September 1986 the Commission decided to transfer the balance of the third EDF (+ 15,95 million ECU) to the fifth EDF;  Fourth EDF  3. Calls on the Commission to act on the comments of the Court of Auditors and submit proposals for the allocation of certain unused resources of the fourth EDF;  Rate of utilization  4. Notes that Parliament has not received a report from the Commission containing a satisfactory analysis of the poor utilization rate for EDF resources in relation to the rates achieved by the main international development aid organizations, as requested in the 1983 discharge resolution;  5. Notes that, at 31 December 1985, 76,6 % of programmable aid under the fifth EDF had been committed (as against 64,8 % in 1984), while the payments rate stood at 34,7 % (as against 22,1 % in 1984);  Accounting procedures  6. Calls on the Commission to act on the comments in the Court of Auditors' 1985 report and in previous annual reports on the excessive level of its calls for contributions from the Member States, the late payment of those contributions by certain Member States and its inadequate accounting records concerning EDF bank balances;  7. Notes that, as the Commission points out in its comments on the Court of Auditors' report, staffing levels in the Directorate-General for Development need to be increased; draws attention in this context to its resolution of 16 April 1985 forming part of the 1983 discharge  decision;  Role of the ACP States in defining aid  8. Calls on the Commission to comply with Articles 110 and 153 of the Second Convention of Lomé (fifth EDF) and to make sufficient allowance for the constraints imposed on the recipient States, notably as regards the joint financing and maintenance of projects and foreign currency payments;  9. Notes that the constraints mentioned in paragraph 8 - and even the problem of foreign exchange shortages - can be more fully taken into account under the Third Convention of Lomé;  10. Criticizes the failure to observe the principle of the complementarity of Community and national efforts, as noted by the Court of Auditors in the case of some projects;  Arbitration procedures for disputes  11. Hopes that the Commission will fulfil the undertakings given in the replies to the Court of Auditor's report on the 1985 discharge and that it will bring into operation a computerized system to record the main disputes over the execution of public works contracts brought before national administrative and judicial bodies, bearing in mind that such disputes often have financial consequences for the EDF; Ex post facto evaluation  12. Reiterates its request to the Commission to carry out more exhaustive ex post facto evaluations, and criticizes the absence of a data base encompassing financial data on financial and technical cooperation under the EDF and the experience gained during the execution of projects and the ex post facto evaluation process, as requested by Parliament in its resolution on the 1983 discharge;  European Investment Bank  13. Reiterates its request to the Commission and the European Investment Bank regularly to provide the Court of Auditors with sufficient information on projects  receiving Community development aid and managed by the Bank, in accordance with the principles established by Parliament's resolution of 22 October 1985 (1);  14. Strongly criticizes the Commission's negative reaction to an analysis by the Court of Auditors of the EIB's revenue and expenditure in the development field, as requested by Parliament in its resolution of 22 October 1985 in the light of the extent of the audit powers conferred on the Court by the Treaty which created it;  15. Calls for an opinion from Pariament's legal services on the extent of the Court of Auditors' powers in relation to the funds managed by the European Investment Bank, which might serve as a basis for possible legal action before the Court of Justice of the European Communities;  Budgetization of the EDF  16. Reaffirms its determination to take whatever action it can, including legal action, to secure the budgetization of the EDF between now and 1990/91, as recommended by the Commission for the seventh EDF in its report to the Council and the European Parliament on the financing of the Community budget (2).  (1) OJ No C 343, 31. 12. 1985, p. 27.  (2) COM(87) 101 final.


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31982D0753

82/753/ECSC: Council Decision of 8 November 1982 designating four representative organizations required to draw up lists of candidates for the Consultative Committee of the European Coal and Steel Community

Official Journal L 317 , 13/11/1982 P. 0024 - 0024 Finnish special edition: Chapter 1 Volume 2 P. 0027  Swedish special edition: Chapter 1 Volume 2 P. 0027

*****COUNCIL  DECISION  of 8 November 1982  designating four representative organizations required to draw up lists of candidates for the Consultative Committee of the European Coal and Steel Community  (82/753/ECSC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 18 thereof,  Whereas, for the purpose of renewing the Consultative Committee of the European Coal and Steel Community for a period of two years, the Council, by its Decision of 26 October 1982, required the representative organizations to draw up lists of twice as many candidates as there were seats allocated to them;  Whereas, on that occasion, the Council decided to complete at a later date the designation of the organizations required to nominate candidates in the workers' category,  HAS DECIDED AS FOLLOWS:  Sole Article  The workers' representative organizations listed below are hereby required to draw up lists of candidates on the basis of which their representatives on the Consultative Committee of the European Coal and Steel Community shall be appointed in numbers equal to those shown for each organization:  FRANCE:  1.2 // - Confédération générale du travail (CGT), Paris:  // one seat,  // - Confédération française démocratique du travail (CFDT), Paris:  // one seat,  // - Confédération générale des cadres (CGC), Paris:  // one seat,  // - Confédération générale du travail - Force ouvrière (CGT-FO), Paris:  // one seat.  Done at Brussels, 8 November 1982.  For the Council  The President  H. CHRISTOPHERSEN


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32000D0247

2000/247/EC: Commission Decision of 27 March 2000 terminating the anti-dumping proceeding concerning imports of yellow phosphorus originating in the People's Republic of China (notified under document number C(2000) 709)

Official Journal L 077 , 28/03/2000 P. 0023 - 0023

Commission Decisionof 27 March 2000terminating the anti-dumping proceeding concerning imports of yellow phosphorus originating in the People's Republic of China(notified under document number C(2000) 709)(2000/247/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 905/98(2), and in particular Article 91(1) thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) On 30 November 1998, the Commission received a complaint concerning the alleged injurious dumping caused by imports of yellow phosphorus originating in the People's Republic of China.(2) The complaint was lodged by Thermphos International BV, representing a major proportion of the total Community production of yellow phosphorus, within the meaning of Articles 4(1) and 5(4) of Regulation (EC) No 384/96.(3) The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding.(4) Accordingly, the Commission, after consultation, by a notice published in the Official Journal of the European Communities(3), initiated an anti-dumping proceeding concerning imports into the Community of yellow phosphorus, currently classifiable within CN code ex 2804 70 00 and originating in the People's Republic of China.(5) The Commission officially advised the exporting producers, importers and representative associations of importers or exporters known to be concerned, the representatives of the exporting country, the representative users, and the complainant Community producer. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.B. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING(6) By letter of 9 February 2000 to the Commission, Thermphos International BV formally withdrew its complaint.(7) In accordance with Article 9(1) Regulation (EC) No 384/96, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Community interest.(8) The Commission considered that this proceeding should be terminated, since the investigation had not brought to light any considerations showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Community interest.(9) The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Community of yellow phosphorus originating in the People's Republic of China should be terminated without the imposition of andi-dumping measures,HAS DECIDED AS FOLLOWS:Sole ArticleThe anti-dumping proceeding concerning imports of yellow phosphorus, currently classifiable within CN code ex 2804 70 00 and originating in the People's Republic of China, is hereby terminated.Done at Brussels, 27 March 2000.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 128, 30.4.1998, p. 18.(3) OJ C 10, 14.1.1999, p. 3.


title: Council Decision 2007/423/CFSP of 18 June 2007 implementing Common Position 2004/293/CFSP renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

text:
               19.6.2007

               EN

               Official Journal of the European Union

               L 157/23

      COUNCIL DECISION 2007/423/CFSP
   of 18 June 2007
   implementing Common Position 2004/293/CFSP renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Common Position 2004/293/CFSP (1), and in particular Article 2 thereof in conjunction with Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

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

               (2)

               Following the transfer of Ante Gotovina to the custody of the ICTY, certain individuals referred to in Article 2 of the Common Position and connected with Mr Gotovina should be removed from the list. An update of the details of the remaining persons on the list is also necessary.

               (3)

               In addition, other persons who are engaged in activities which help persons at large continue to evade justice for crimes for which they have been indicted by the ICTY, or who are otherwise acting in a manner which could obstruct the ICTY's effective implementation of its mandate, should be listed.

               (4)

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

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

      Done at Luxembourg, 18 June 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ L 94, 31.3.2004, p. 65. Council Common Position as last amended by Common Position 2007/150/CFSP (OJ L 66, 6.3.2007, p. 21).

      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 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.

                  DJORDJEVIC, Jelena (married name: GLUSICA Jelena)
                  Daughter of: Vlastimir and Sojka DJORDJEVIC
                  Date of Birth/Place of Birth: 7.2.1977 in Zajecar, Serbia
                  Passport No:
                  ID Card No:
                  Aliases:
                  Address: Beogradskog Bataljona Street No 39, Belgrade, Serbia
                  Relationship to PIFWC: Daughter of Vlastimir DJORDJEVIC

                  4.

                  DJORDJEVIC, Sojka
                  Date of Birth/Place of Birth: 29.9.1949, Municipality of Knjazevac, Serbia
                  Passport No:
                  ID Card No:
                  Aliases:
                  Address: Beogradskog Bataljona Street No 39, Belgrade, Serbia
                  Relationship to PIFWC: Spouse of Vlastimir DJORDJEVIC

                  5.

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

                  6.

                  HADZIC, Goranka
                  Daughter of: Branko and Milena HADZIC
                  Date of Birth/Place of Birth: 18.6.1962 in Vinkovci Municipality, Croatia
                  Passport No:
                  ID Card No: 1806962308218 (JMBG), ID card No 569934/03
                  Aliases:
                  Address: Aranj Janosa Street No 9, Novi Sad, Serbia
                  Relationship to PIFWC: Sister of Goran HADZIC

                  7.

                  HADZIC, Ivana
                  Daughter of: Goran and Zivka HADZIC
                  Date of Birth/Place of Birth: born on 25.2.1983 in Vukovar, Croatia
                  Passport No:
                  ID Card No:
                  Aliases:
                  Address: Aranj Janosa Street No 9, Novi Sad, Serbia
                  Relationship to PIFWC: Daughter of Goran HADZIC

                  8.

                  HADZIC, Srecko
                  Son of: Goran and Zivka HADZIC
                  Date of Birth/Place of Birth: 8.10.1987 in Vukovar, Croatia
                  Passport No:
                  ID Card No:
                  Aliases:
                  Address: Aranj Janosa Street No 9, Novi Sad, Serbia
                  Relationship to PIFWC: Son of Goran HADZIC

                  9.

                  HADZIC, Zivka
                  Daughter of: Branislav NUDIC
                  Date of Birth/Place of Birth: 9.6.1957 in Vinkovci, Croatia
                  Passport No:
                  ID Card No:
                  Aliases:
                  Address: Aranj Janosa Street No 9, Novi Sad, Serbia
                  Relationship to PIFWC: Spouse of Goran HADZIC

                  10.

                  JOVICIC, Predrag
                  Son of: Desmir JOVICIC
                  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

                  11.

                  KARADZIC, Aleksandar
                  Date of birth/Place of birth: 14.5.1973, Sarajevo Centar, Bosnia and Herzegovina
                  Passport No: 0036395 (expired 12.10.1998)
                  ID Card No:
                  Personal ID No:
                  Aliases: Sasa
                  Address:

                  12.

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

                  13.

                  KARADZIC, Luka
                  Son of: Vuko and Jovanka KARADZIC
                  Date of Birth/Place of Birth: 31.7.1951 in Savnik municipality, Montenegro
                  Passport No:
                  ID Card No:
                  Aliases:
                  Address: Dubrovacka Street No 14, Belgrade, Serbia, and Janka Vukotica Street No 24, Rastoci, Municipality of Niksic, Montenegro
                  Relationship to PIFWC: Brother of Radovan KARADZIC

                  14.

                  KARADZIC-JOVICEVIC, Sonja
                  Daughter of: Radovan KARADZIC and Ljiljana ZELEN-KARADZIC
                  Date of Birth/Place of Birth: 22.5.1967 in Sarajevo, Bosnia and Herzegovina
                  Passport No:
                  ID Card No: 2205967175003 (JMBG); ID card number 04DYB0041
                  Aliases: Seki
                  Address: Dobroslava Jevdjevica No 9, Pale, Bosnia and Herzegovina
                  Relationship to PIFWC: Daughter of Radovan KARADZIC

                  15.

                  KESEROVIC, 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:

                  16.

                  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:

                  17.

                  KOJIC, 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 (expires 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

                  18.

                  KOVAC, 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

                  19.

                  KUJUNDZIC, 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

                  20.

                  LUKOVIC, 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)
                  Address: incarcerated (Belgrade District Prison, Bacvanska 14, Belgrade)

                  21.

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

                  22.

                  MANDIC, Momcilo
                  Date of birth/Place of birth: 1.5.1954, Kalinovik, Bosnia and Herzegovina
                  Passport No: 0121391, issued 12.5.1999 in Srpsko Sarajevo, Bosnia and Herzegovina (annulled)
                  ID Card No:
                  Personal ID No: 0105954171511
                  Aliases: Momo
                  Address: incarcerated

                  23.

                  MARIC, Milorad
                  Son of: Vinko Maric
                  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

                  24.

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

                  25.

                  MLADIC, Biljana (maiden name: STOJCEVSKA)
                  Daughter of: Strahilo STOJCEVSKI and Svetlinka STOJCEVSKA
                  Date of Birth/Place of Birth: 30.5.1972 in Skopje, the FORMER YUGOSLAVIAN 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

                  26.

                  MLADIC, Darko
                  Son of: Ratko and Bosiljka MLADIC
                  Date of Birth/Place of Birth: 19.8.1969/Skopje, the FORMER YUGOSLAVIAN REPUBLIC OF MACEDONIA
                  Passport No: SCG passport # 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

                  27.

                  NINKOVIC, 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:

                  28.

                  OSTOJIC, 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:

                  29.

                  OSTOJIC, Zoran
                  Son of: Mico OSTOJIC
                  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

                  30.

                  PAVLOVIC, Petko
                  Son of: Milovan PAVLOVIC
                  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

                  31.

                  PETROVIC, Tamara (maiden name: DJORDJEVIC)
                  Daughter of: Vlastimir and Sojka DJORDJEVIC
                  Date of Birth/Place of Birth: 3.10.1971 in Zajecar, Serbia
                  Passport No:
                  ID Card No:
                  Aliases:
                  Address: Beogradskog Bataljona Street No 39, Belgrade, Serbia
                  Relationship to PIFWC: Daughter of Vlastimir DJORDJEVIC

                  32.

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

                  33.

                  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:

                  34.

                  RADOVIC, Nade
                  Son of: Milorad RADOVIC
                  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

                  35.

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

                  36.

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

                  37.

                  SAROVIC, Mirko
                  Date of birth/Place of birth: 16.9.1956, Rusanovici-Rogatica, Bosnia and Herzegovina
                  Passport No: 4363471, issued at Istocno Sarajevo, expires on 8.10.2008
                  ID Card No: 04PEA4585
                  Personal ID No: 1609956172657
                  Aliases:
                  Address: Bjelopoljska 42, 71216 Srpsko Sarajevo, Bosnia and Herzegovina

                  38.

                  SKOCAJIC, Mrksa
                  Son of: Dejan SKOCAJIC
                  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

                  39.

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

                  40.

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

                  41.

                  ZUPLJANIN, Divna (maiden name: STOISAVLJEVIC)
                  Daughter of: Dobrisav and Zorka STOISAVLJEVIC
                  Date of Birth/Place of Birth: 15.11.1956/Maslovare, Kotor Varos Municipality, Bosnia and Herzegovina
                  Passport No: Bosnia and Herzegovina passport 0256552, issued on 26.4.1999
                  ID Card No: ID number 04GCM2618, issued on 5.11.2004 and driver's licence number 05GCF8710, issued on 3.1.2005
                  Aliases:
                  Address: Stevana Markovica 3, Banja Luka, Bosnia and Herzegovina
                  Relationship to PIFWC: Wife of Stojan ZUPLJANIN

                  42.

                  ZUPLJANIN, Mladen
                  Son of: Stojan and Divna ZUPLJANIN
                  Date of Birth/Place of Birth: 21.7.1980/Banja Luka, Bosnia and Herzegovina
                  Passport No: Bosnia and Herzegovina passport 4009608 dated 7.2.2003
                  ID Card No: ID 04GCG6605, driver's licence 04GCC6937, dated 8.3.2004
                  Aliases:
                  Address: Stevana Markovica 3, Banja Luka, Bosnia and Herzegovina
                  Relationship to PIFWC: Son of Stojan ZUPLJANIN

                  43.

                  ZUPLJANIN, Pavle
                  Son of: Stojan and Divna ZUPLJANIN
                  Date of Birth/Place of Birth: 18.7.1984/Banja Luka, Bosnia and Herzegovina
                  Passport No: Bosnia and Herzegovina passport 5049445, dated 26.4.2006
                  ID Card No: ID 03GCB5148 dated 10.6.2003, driver's licence 04GCF5074, dated 30.11.2004
                  Aliases:
                  Address: Stevana Markovica 3, Banja Luka, Bosnia and Herzegovina
                  Relationship to PIFWC: Son of Stojan ZUPLJANIN

                  44.

                  ZUPLJANIN, Slobodan
                  Son of: Stanko and Cvijeta ZUPLJANIN
                  Date of Birth/Place of Birth: 17.11.1957 in Banja Luka, Bosnia and Herzegovina
                  Passport No: Bosnia and Herzegovina passport 0023955, issued on 24.8.1998
                  ID Card No: ID 04GCL4072, driver's licence 04GCE8351, dated 18.9.2004
                  Aliases: Bebac
                  Address: Vojvode Momica 9a, Banja Luka, Bosnia and Herzegovina
                  Relationship to PIFWC: Cousin of Stojan ZUPLJANIN


title: 2014/640/EU: Council Decision of 23 September 2013 on the position to be taken on behalf of the European Union within the Committee on Cultural Cooperation set up by the Protocol on cultural cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules of procedure of the Committee on Cultural Cooperation

text:
               3.9.2014

               EN

               Official Journal of the European Union

               L 263/23

         COUNCIL DECISION
   of 23 September 2013
   on the position to be taken on behalf of the European Union within the Committee on Cultural Cooperation set up by the Protocol on cultural cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules of procedure of the Committee on Cultural Cooperation

      (2014/640/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 167(3) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 23 April 2007 the Council authorised the Commission to negotiate a free trade agreement with the Republic of Korea on behalf of the European Union and its Member States.

               (2)

               Those negotiations were concluded and the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (1) (‘the Agreement’) was signed on 6 October 2010. The Agreement contains a Protocol on cultural cooperation (‘the Protocol’) which, according to Article 1 thereof, sets up the framework within which the Parties cooperate for facilitating exchanges regarding cultural activities, goods and services, including, inter alia, in the audiovisual sector.

               (3)

               Pursuant to Article 15.10.5 of the Agreement, it has been in part provisionally applied by Council Decision 2011/265/EU (2) (‘the Decision’) since 1 July 2011, subject to its conclusion at a later date.

               (4)

               Pursuant to Article 3 of the Decision, Articles 4(3), 5(2), 6(1), 6(2), 6(4), 6(5), 8, 9 and 10 of the Protocol have not been provisionally applied.

               (5)

               In accordance with Article 4(1) of the Decision, the Commission is to provide notice in writing to Korea of the Union's intention not to extend the period of entitlement to audiovisual co-production pursuant to Article 5 of the Protocol following the procedure set out in Article 5(8) thereof unless, on a proposal from the Commission, the Council agrees four months before the end of such period of entitlement to continue the entitlement. If the Council agrees to continue the entitlement, that obligation to provide notice is to become applicable again at the end of the renewed period of entitlement. For the specific purposes of deciding on the continuation of the period of entitlement, the Council is to act by unanimity.

               (6)

               Article 3 of theProtocol provides for the establishmentof a Committee on Cultural Cooperation which, among its tasks, is tooversee the implementation of the Protocol.

               (7)

               Pursuant to Article 6 of the Decision, the representatives of the Union in the Committee on Cultural Cooperation are to comprise senior officials of both the Commission and the Member States who have expertise and experience in cultural matters and practices, and who are to present the position of the Union in accordance with the Treaty.

               (8)

               The decisions of the Committee should not confer rights or impose obligations which can be directly invoked before Union or Member States courts and tribunals.

               (9)

               The preparatory bodies of the Council competent in the field of culture and audiovisual matters should be involved at an early stage in establishing the position to be taken on behalf of the Union in the Committee on Cultural Cooperation.

               (10)

               This Decision should not affect the respective competences of the Union and the Member States.

               (11)

               The Union should determine the position to be taken within the Committee on Cultural Cooperation as regards the adoption of the rules of procedure of the Committee on Cultural Cooperation,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the European Union within the Committee on Cultural Cooperation set up by the Protocol on cultural cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of the rules of procedure of the Committee on Cultural Cooperation shall be based on the draft decision of the Committee on Cultural Cooperation attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 September 2013.

            For the Council

            The President

         V. JUKNA

      (1)  OJ L 127, 14.5.2011, p. 6.

      (2)  Council Decision 2011/265/EU of 16 September 2010 on the signing, on behalf of the European Union, and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 127, 14.5.2011, p. 1.)

      DRAFT
      DECISION No … OF THE EU-KOREA COMMITTEE ON CULTURAL COOPERATION
      of
      on the adoption of the rules of procedure of the Committee on Cultural Cooperation
      THE COMMITTEE ON CULTURAL COOPERATION,
      Having regard to the Protocol on cultural cooperation tothe Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, signed in Brussels on 6 October 2010, and in particular Article 3 thereof,
      Whereas:

                  (1)

                  Article 3 of the the Protocol on cultural cooperation (‘the Protocol’) provides for the establishment of a Committee on Cultural Cooperation (‘the Committee’).

                  (2)

                  The Committee should exercise all functions of the Trade Committee as regards the Protocol, in accordance with Article 3.3 of the Protocol.

                  (3)

                  The Committee should adopt its own rules of procedure,

            HAS ADOPTED THIS DECISION:
      Article 1
      The rules of procedure of the Committee shall be established as set out in the Annex.
      Article 2
      This Decision shall enter into force on …

         Done at … on …

               For the Committee on Cultural Cooperation

               First Vice Minister

               Ministry for Culture, Sports and Tourism of the Republic of Korea

            …

               [To be completed by the Korean side]

               Director-General of the Directorate-General for Education and Culture

               European Commission

            …

      ANNEX
      RULES OF PROCEDURE OF THE COMMITTEE ON CULTURAL COOPERATION
      Article 1
      Composition and Chair
      1.   The Committee on Cultural Cooperation (‘the Committee’) provided for in Article 3.1 of the Protocol on cultural cooperation (‘the Protocol’) to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (‘the Agreement’) shall exercise all functions of the Trade Committee as regards the Protocol, in accordance with Article 3.3 of the Protocol, and oversee the implementation of the Protocol.
      2.   The Committee shall be composed of the representatives of the Commission and the Member States, which may be represented, for the subjects in the areas of their competences, by the Presidency of the Council of the European Union, on the one hand, and representatives of Korea, on the other hand. As provided for in Article 3.1 of the Protocol, these representatives shall be senior officials from within the administration of each Party who have expertise and experience in cultural matters and practices.
      3.   The Committee shall be co-chaired by the Director-General for Content Policy Bureau of the Ministry of Culture, Sports and Tourism of Korea and the Director for Culture and Media of the Directorate-General for Education and Culture of the European Commission. Each Chairperson may arrange to be represented by a respective designee.
      Article 2
      Representation
      1.   A Party shall notify the other Party of the list of its members of the Committee. The list shall be administered by the Secretariat of the Committee.
      2.   A member wishing to be represented by an alternate representative shall notify the Chairpersons of the Committee of the name of his or her alternate representative before the meeting at which he or she is to be so represented. The alternate representative of a member of the Committee shall exercise all the rights of that member.
      Article 3
      Meetings
      1.   The Committee shall meet at least once a year, and as necessary at the request of either Party. The meetings shall be held in Brussels or Seoul alternately, unless the Parties agree otherwise. If both Parties agree, the meetings of the Committee may be held by videoconference or teleconference.
      2.   Each meeting of the Committee shall be convened by the Secretariat of the Committee at a date and place agreed by both Parties. The convening notice of the meeting shall be issued by the Secretariat of the Committee to the members of the Committee no later than three months prior to the start of the session, unless the Parties agree otherwise.
      Article 4
      Delegation
      The members of the Committee may be accompanied by officials. Before each meeting, the Chairpersons of the Committee shall be informed of the intended composition of the delegations attending the meeting.
      Article 5
      Observers and experts
      The Chairpersons of the Committeemayinviteobservers and expertsto attend its meetingson an ad hoc basis.
      Article 6
      Secretariat
      The Domestic Contact Points as referred to in Article 3.4 of the Protocolshall jointly act as the Secretariat of the Committee.
      Article 7
      Documents
      Where the deliberations of the Committee are based on written supporting documents, such documents shall be numbered and circulated by the Secretariat of the Committee as documents of the Committee.
      Article 8
      Correspondence
      1.   Correspondence to the Chairpersons of the Committee shall be forwarded to the Secretariat of the Committee for circulation to the members of the Committee.
      2.   Correspondence from the Chairpersons of the Committee shall be sent to the recipients by the Secretariat of the Committee and be numbered and circulated, where appropriate, to the other members of the Committee.
      Article 9
      Agenda for the Meetings
      1.   A provisional agenda for each meeting shall be drawn up by the Secretariat of the Committee. It shall be forwarded, together with the relevant documents, to the members of the Committee, as well as the Chairpersons of the Committee, no later than two monthsbefore the beginning of the meeting.
      2.   The agenda shall be adopted by the Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
      3.   The Chairpersons of the Committee may, upon agreement, reduce the time period specified in paragraph 1 in order to take account of the requirements of a particular case.
      Article 10
      Minutes
      1.   Draft minutes of each meeting shall be drawn up by the Secretariat of the Committee, normally within 21 days from the end of the meeting.
      2.   The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable:

                  (a)

                  the documents submitted to the Committee;

                  (b)

                  any statement that a member of the Committee has asked to be entered; and

                  (c)

                  the decisions adopted, recommendations made, statements agreed upon and conclusions adopted on specific items.

            3.   The minutes shall also include a list of all the participantswho took part in the meeting.
      4.   The minutes shall be approved in writing by both Parties within 28daysfollowing the date of the receipt of the draft minutes or by any other date agreed by the Parties. Once approved, two copies of the minutes shall be signed by the Secretariat of the Committee and each of the Parties shall receive one original copy of these authentic documents. Copies of the signed minutes shall be forwarded to the members of the Committee.
      Article 11
      Decisions and Recommendations
      1.   The Committee may, for the purpose of attaining the objectives of the Protocol, have the power to take decisions or recommendations in respect of all matters in the cases provided by the Protocol.
      2.   The Committee shall adopt decisions and recommendations by agreement between the Parties. Such acts shall be entitled ‘Decision’ or ‘Recommendation’ respectively.
      3.   In the period between meetings, the Committee may adopt decisions or recommendations by written procedure if both Parties agree. The written procedure shall consist of an exchange of notes between the Chairpersons of the Committee. The decisions or recommendations which are subject to the written procedure shall be circulated by the Secretariat of the Committee to its members at least two months before their date of the adoption. The Secretariat of the Committee shall establish that the written procedure has been completed and inform the members of the Committee thereof.
      4.   The Secretariat of the Committee shall give any decision or recommendation a serial number, the date of adoption and a description of their subject-matter and shall circulate them to the members of the Committee. Each decision shall provide for the date of its entry into force.
      5.   Decisions and recommendations adopted by the Committee shall be authenticated by two authentic copies signed by the Chairpersons of the Committee.
      Article 12
      Publicity and Confidentiality
      1.   Unless otherwise decided, the meetings of the Committee shall not be public.
      2.   When a Party submits information considered as confidential under its laws and regulations to the Committee, the other Party shall treat that information as confidential.
      3.   Each Party may decide on the publication of the decisions and recommendations of the Committee in its respective official publication.
      Article 13
      Expenses
      1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
      2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.


title: Commission Decision (EU) 2016/1366 of 10 August 2016 confirming the participation of Estonia in enhanced cooperation in the area of the law applicable to divorce and legal separation

text:
               11.8.2016

               EN

               Official Journal of the European Union

               L 216/23

         COMMISSION DECISION (EU) 2016/1366
   of 10 August 2016
   confirming the participation of Estonia in enhanced cooperation in the area of the law applicable to divorce and legal separation
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 328(1) and 331(1) thereof,
   Having regard to Council Decision 2010/405/EU of 12 July 2010 authorising enhanced cooperation in the area of the law applicable to divorce and legal separation (1),
   Having regard to Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (2),
   Having regard to the notification by Estonia of its intention to participate in enhanced cooperation in the area of the law applicable to divorce and legal separation,
   Whereas:

               (1)

               On 12 July 2010, the Council decided to authorise enhanced cooperation between Belgium, Bulgaria, Germany, Spain, France, Italy, Latvia, Luxembourg, Hungary, Malta, Austria, Portugal, Romania and Slovenia in the area of the law applicable to divorce and legal separation.

               (2)

               On 20 December 2010, the Council adopted Regulation (EU) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation.

               (3)

               On 21 November 2012 the Commission adopted Decision 2012/714/EU confirming the participation of Lithuania in enhanced cooperation in the area of the law applicable to divorce and legal separation (3).

               (4)

               On 27 January 2014 the Commission adopted Decision 2014/39/EU confirming the participation of Greece in enhanced cooperation in the area of the law applicable to divorce and legal separation (4).

               (5)

               Estonia notified its intention to participate in enhanced cooperation in the area of the law applicable to divorce and legal separation by letter dated 13 April 2016, which the Commission registered as received on 18 April 2016.

               (6)

               The Commission notes that neither Decision 2010/405/EU nor Regulation (EU) No 1259/2010 prescribe any particular conditions of participation in enhanced cooperation in the area of the law applicable to divorce and legal separation and that Estonia's participation should strengthen the benefits of this enhanced cooperation.

               (7)

               The participation of Estonia in enhanced cooperation in the area of the law applicable to divorce and legal separation should thus be confirmed.

               (8)

               The Commission should adopt transitional measures for Estonia necessary for the application of Regulation (EU) No 1259/2010.

               (9)

               Regulation (EU) No 1259/2010 should enter into force in Estonia on the day following that of the publication of this Decision in the Official Journal of the European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   Participation of Estonia in enhanced cooperation
   1.   The participation of Estonia in enhanced cooperation in the area of the law applicable to divorce and legal separation authorised by Decision 2010/405/EU is confirmed.
   2.   Regulation (EU) No 1259/2010 shall apply to Estonia in accordance with this Decision.
   Article 2
   Information to be provided by Estonia
   By 11 May 2017 Estonia shall communicate to the Commission its national provisions, if any, concerning:

               (a)

               the formal requirements applicable to agreements on the choice of applicable law pursuant to Article 7(2) to (4) of Regulation (EU) No 1259/2010; and

               (b)

               the possibility of designating the applicable law in accordance with Article 5(3) of Regulation (EU) No 1259/2010.

         Article 3
   Transitional provisions for Estonia
   1.   Regulation (EU) No 1259/2010 shall apply in Estonia only to legal proceedings instituted and to agreements of the kind referred to in Article 5 of Regulation (EU) No 1259/2010 concluded as from 11 February 2018.
   However, effect shall also be given in Estonia to an agreement on the choice of the applicable law concluded before 11 February 2018, provided that it complies with Articles 6 and 7 of Regulation (EU) No 1259/2010.
   2.   Regulation (EU) No 1259/2010 shall apply in Estonia without prejudice to agreements on the choice of the applicable law concluded in accordance with the law of a participating Member State whose court is seised before 11 February 2018.
   Article 4
   Entry into force and date of application of Regulation (EU) No 1259/2010 in Estonia
   Regulation (EU) No 1259/2010 shall enter into force in Estonia on the day following that of the publication of this Decision in the Official Journal of the European Union.
   Regulation (EU) No 1259/2010 shall apply to Estonia from 11 February 2018.
   Article 5
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 10 August 2016

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 189, 22.7.2010, p. 12.

      (2)  OJ L 343, 29.12.2010, p. 10.

      (3)  OJ L 323, 22.11.2012, p. 18.

      (4)  OJ L 23, 28.1.2014, p. 41.