title: Decision (EU) 2016/2371 of the European Parliament and of the Council of 14 December 2016 providing further macro-financial assistance to the Hashemite Kingdom of Jordan

text:
                  23.12.2016

                  EN

                  Official Journal of the European Union

                  L 352/18

            DECISION (EU) 2016/2371 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
      of 14 December 2016
      providing further macro-financial assistance to the Hashemite Kingdom of Jordan
      THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212(2) thereof,
      Having regard to the proposal from the European Commission,
      After transmission of the draft legislative act to the national parliaments,
      Acting in accordance with the ordinary legislative procedure (1),
      Whereas:

                  (1)

                  Relations between the European Union (the ‘Union’) and the Hashemite Kingdom of Jordan (‘Jordan’) are developing within the framework of the European Neighbourhood Policy (ENP). Jordan signed an Association Agreement (2) with the Union on 24 November 1997, which came into force on 1 May 2002. Under that agreement, the Union and Jordan gradually established a free trade area over a transitional period of 12 years. In addition, an agreement on further liberalisation of agricultural products (3) entered into force in 2007. In 2010, an Advanced Status partnership was agreed between the EU and Jordan that entails expanded areas of cooperation. A protocol on Dispute Settlement Mechanisms for trade between the EU and Jordan initialled in December 2009 entered into force on 1 July 2011. Bilateral political dialogue and economic cooperation have been further developed within the framework of the Association Agreement and the Single Support Framework adopted for 2014-2017.

                  (2)

                  Since 2011, Jordan has embarked on a number of political reforms to strengthen parliamentary democracy and the rule of law. A Constitutional Court and an Independent Election Commission have been set up and a number of major laws, including the Election Law and the Law on Political Parties as well as laws on decentralisation and municipalities, have been passed by the Jordanian Parliament.

                  (3)

                  The Jordanian economy has suffered significantly from the ongoing regional unrest, notably in neighbouring Iraq and Syria. Together with a weaker global environment, this regional unrest has taken a heavy toll on external receipts and has strained public finances. Tourism and foreign direct investment inflows have been negatively affected, trading routes blocked and the flow of natural gas from Egypt disrupted. In addition, the Jordanian economy has also been impacted by a large inflow of Syrian refugees, which has increased pressure on its fiscal position, public services and infrastructure.

                  (4)

                  Since the outbreak of the conflicts in Syria in 2011, the Union has expressed its unequivocal commitment to supporting Jordan as it addresses the economic and social consequences of the Syrian crisis, and in particular of the presence of a large number of Syrian refugees in its territory. It has increased its financial support to Jordan, strengthening its cooperation in many fields, including the civil society, the electoral system, security, regional development and social and economic reforms. In addition, the Union has offered the possibility to Jordan of concluding a Deep and Comprehensive Free Trade Area agreement.

                  (5)

                  In this difficult economic and financial context, the Jordanian authorities and the International Monetary Fund (IMF) agreed in August 2012 on a first economic adjustment programme, which was supported by a 3-year Stand-By Arrangement (SBA) in the amount of USD 2 000 million. That programme was successfully completed in August 2015. Under that programme, Jordan made considerable progress with fiscal consolidation, also helped by the decline in oil prices, and with a number of structural reforms.

                  (6)

                  In December 2012, Jordan requested complementary macro-financial assistance from the Union. In response, a decision providing macro-financial assistance of EUR 180 million in the form of loans was adopted in December 2013 (4) (MFA-I). The Memorandum of Understanding defining the policy conditions related to this first macro-financial assistance entered into force on 18 March 2014. Following the implementation of the agreed policy measures, the first tranche of MFA-I was disbursed on 10 February 2015 and the second tranche was disbursed on 15 October 2015.

                  (7)

                  Since the outbreak of the Syrian crisis, the Union has allocated almost EUR 1 130 million to Jordan. This includes, in addition to the EUR 180 million from the first macro-financial assistance operation, EUR 500 million in regular programmed bilateral cooperation for Jordan financed under the European Neighbourhood Instrument, about EUR 250 million from the humanitarian budget and more than EUR 30 million from the Instrument contributing to Stability and Peace. Moreover, the European Investment Bank has made loans in the amount of EUR 264 million available since 2011.

                  (8)

                  The intensification of the Syrian crisis in 2015 severely affected Jordan through its effects on trade, tourism and investor confidence. Jordan was also affected by a decline in financial support from the Gulf Cooperation Council countries, affected by the decline in oil prices. As a result, economic growth has slowed down again, unemployment has increased and new fiscal and external financing needs have emerged.

                  (9)

                  In this challenging context, the Union has reaffirmed its commitment to supporting Jordan in its economic and social challenges and reform process. In particular, this commitment was expressed at the conference ‘Supporting Syria and the Region’, held in London on 4 February 2016, where the Union pledged EUR 2 390 million in 2016-2017 in financial support for the countries most affected by the refugee crisis, including Jordan. Political and economic support from the Union to Jordan's reform process is consistent with the Union's policy towards the Southern Mediterranean region, as set out in the context of the ENP.

                  (10)

                  Following the deterioration in Jordan's economic and financial situation, the IMF and Jordan have also started discussions on a successor arrangement, which could take the form of an Extended Fund Facility (‘IMF programme’) and would likely cover a period of 3 years, starting in the second semester of 2016. The new IMF programme would aim to alleviate Jordan's short-term balance of payment difficulties while encouraging the implementation of strong adjustment measures.

                  (11)

                  In March 2016, in view of the worsening economic situation and outlook, Jordan requested additional macro-financial assistance from the Union.

                  (12)

                  Given that Jordan is a country covered by the ENP, it should be considered to be eligible to receive macro-financial assistance from the Union.

                  (13)

                  The Union's macro-financial assistance should be an exceptional financial instrument of untied and undesignated balance-of-payments support, which aims to address the beneficiary's immediate external financing needs and should underpin the implementation of a policy programme containing strong immediate adjustment and structural reform measures designed to improve the balance-of-payments position in the short term.

                  (14)

                  Given that there is still a significant residual external financing gap in Jordan's balance of payments over and above the resources provided by the IMF and other multilateral institutions, the Union's macro-financial assistance to be provided to Jordan is, under the current exceptional circumstances, considered to be an appropriate response to Jordan's request to support economic stabilisation, in conjunction with the IMF programme. The Union's macro-financial assistance would support the economic stabilisation and the structural reform agenda of Jordan, supplementing resources made available under the IMF's financial arrangement.

                  (15)

                  The Union's macro-financial assistance should aim to support the restoration of a sustainable external financing situation for Jordan, thereby supporting its economic and social development.

                  (16)

                  The determination of the amount of the Union's macro-financial assistance is based on a complete quantitative assessment of Jordan's residual external financing needs, and takes into account its capacity to finance itself with its own resources, in particular the international reserves at its disposal. The Union's macro-financial assistance should complement the programmes and resources provided by the IMF and the World Bank. The determination of the amount of the assistance also takes into account expected financial contributions from multilateral donors and the need to ensure fair burden sharing between the Union and other donors, as well as the pre-existing deployment of the Union's other external financing instruments in Jordan and the added value of the overall Union involvement.

                  (17)

                  The Commission should ensure that the Union's macro-financial assistance is legally and substantially in line with the key principles and objectives of the different areas of external action, with the measures taken in respect of those areas, and with other relevant Union policies.

                  (18)

                  The Union's macro-financial assistance should support the Union's external policy towards Jordan. Commission services and the European External Action Service should work closely together throughout the macro-financial assistance operation in order to coordinate, and to ensure the consistency of, Union external policy.

                  (19)

                  The Union's macro-financial assistance should support Jordan's commitment to values shared with the Union, including democracy, the rule of law, good governance, respect for human rights, sustainable development and poverty reduction, as well as its commitment to the principles of open, rule-based and fair trade.

                  (20)

                  A pre-condition for granting the Union's macro-financial assistance should be that Jordan respects effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, and guarantees respect for human rights. In addition, the specific objectives of the Union's macro-financial assistance should strengthen the efficiency, transparency and accountability of the public finance management systems in Jordan and should promote structural reforms aimed at supporting sustainable and inclusive growth, employment creation and fiscal consolidation. Both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the Commission and the European External Action Service.

                  (21)

                  In order to ensure that the Union's financial interests linked to the Union's macro-financial assistance are protected efficiently, Jordan should take appropriate measures relating to the prevention of, and fight against, fraud, corruption and any other irregularities linked to the assistance. In addition, provision should be made for the Commission to carry out checks and for the Court of Auditors to carry out audits.

                  (22)

                  Release of the Union's macro-financial assistance is without prejudice to the powers of the European Parliament and of the Council, as budgetary authority.

                  (23)

                  The amounts of provisioning required for macro-financial assistance should be consistent with the budgetary appropriations provided for in the multi-annual financial framework.

                  (24)

                  The Union's macro-financial assistance should be managed by the Commission. In order to ensure that the European Parliament and the Council are able to follow the implementation of this Decision, the Commission should regularly inform them of developments relating to the assistance and provide them with relevant documents.

                  (25)

                  In order to ensure uniform conditions for the implementation of this Decision, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (5).

                  (26)

                  The Union's macro-financial assistance should be subject to economic policy conditions, to be laid down in a Memorandum of Understanding. In order to ensure uniform conditions of implementation and for reasons of efficiency, the Commission should be empowered to negotiate such conditions with the Jordanian authorities under the supervision of the committee of representatives of the Member States in accordance with Regulation (EU) No 182/2011. Under that Regulation, the advisory procedure should, as a general rule, apply in all cases other than as provided for in that Regulation. Considering the potentially important impact of assistance of more than EUR 90 million, it is appropriate that the examination procedure be used for operations above that threshold. Considering the amount of the Union's macro-financial assistance to Jordan, the examination procedure should apply to the adoption of the Memorandum of Understanding, and to any reduction, suspension or cancellation of the assistance,

            HAVE ADOPTED THIS DECISION:
      Article 1
      1.   The Union shall make macro-financial assistance of a maximum amount of EUR 200 million available to Jordan (the ‘Union's macro-financial assistance’), with a view to supporting Jordan's economic stabilisation and a substantive reform agenda. The assistance shall contribute to covering Jordan's balance of payments needs as identified in the IMF programme.
      2.   The full amount of the Union's macro-financial assistance shall be provided to Jordan in the form of loans. The Commission shall be empowered, on behalf of the Union, to borrow the necessary funds on the capital markets or from financial institutions and to on-lend them to Jordan. The loans shall have a maximum average maturity of 15 years.
      3.   The release of the Union's macro-financial assistance shall be managed by the Commission in a manner consistent with the agreements or understandings reached between the IMF and Jordan, and with the key principles and objectives of economic reforms set out in the EU-Jordan Association Agreement, the Single Support Framework for 2014-2017 and the future Partnership Priorities. The Commission shall regularly inform the European Parliament and the Council of developments regarding the Union's macro-financial assistance, including disbursements thereof, and shall provide those institutions with the relevant documents in due time.
      4.   The Union's macro-financial assistance shall be made available for a period of 2

       years, starting from the first day after the entry into force of the Memorandum of Understanding referred to in Article 3(1).
      5.   If the financing needs of Jordan decrease fundamentally during the period of the disbursement of the Union's macro-financial assistance compared to the initial projections, the Commission, acting in accordance with the examination procedure referred to in Article 7(2), shall reduce the amount of the assistance or suspend or cancel it.
      Article 2
      1.   A pre-condition for granting the Union's macro-financial assistance shall be that Jordan respects effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, and guarantees respect for human rights.
      2.   The Commission and the European External Action Service shall monitor the fulfilment of the pre-condition set out in paragraph 1 throughout the life cycle of the Union's macro-financial assistance.
      3.   Paragraphs 1 and 2 of this Article shall be applied in accordance with Council Decision 2010/427/EU (6).
      Article 3
      1.   The Commission, in accordance with the examination procedure referred to in Article 7(2), shall agree with the Jordanian authorities on clearly defined economic policy and financial conditions, focusing on structural reforms and sound public finances, to which the Union's macro-financial assistance is to be subject, to be laid down in a Memorandum of Understanding (‘the Memorandum of Understanding’), which shall include a timeframe for the fulfilment of those conditions. The economic policy and financial conditions set out in the Memorandum of Understanding shall be consistent with the agreements or understandings referred to in Article 1(3), including the macroeconomic adjustment and structural reform programmes implemented by Jordan with the support of the IMF.
      2.   The conditions referred to in paragraph 1 shall aim, in particular, to enhance the efficiency, transparency and accountability of the public finance management systems in Jordan, including for the use of the Union's macro-financial assistance. Progress in mutual market opening, the development of rules-based and fair trade and other priorities in the context of the Union's external policy shall also be duly taken into account when designing the policy measures. Progress in attaining those objectives shall be regularly monitored by the Commission.
      3.   The detailed financial terms of the Union's macro-financial assistance shall be laid down in a Loan Agreement to be concluded between the Commission and the Jordanian authorities.
      4.   The Commission shall verify at regular intervals that the conditions referred to in Article 4(3) continue to be met, including whether the economic policies of Jordan are in accordance with the objectives of the Union's macro-financial assistance. In so doing, the Commission shall coordinate closely with the IMF and the World Bank, and, where necessary, with the European Parliament and the Council.
      Article 4
      1.   Subject to the conditions referred to in paragraph 3, the Union's macro-financial assistance shall be made available by the Commission in two loan instalments. The size of each instalment shall be laid down in the Memorandum of Understanding.
      2.   The amounts of the Union's macro-financial assistance shall give rise to provisioning of the Guarantee Fund for external actions, where required, in accordance with Council Regulation (EC, Euratom) No 480/2009 (7).
      3.   The Commission shall decide on the release of the instalments subject to the fulfilment of all of the following conditions:

                  (a)

                  the pre-condition set out in Article 2;

                  (b)

                  a continuous satisfactory track record of implementing a policy programme that contains strong adjustment and structural reform measures supported by a non-precautionary IMF credit arrangement; and

                  (c)

                  the satisfactory implementation of the economic policy and financial conditions agreed in the Memorandum of Understanding.

            The release of the second instalment shall not, in principle, take place earlier than 3 months after the release of the first instalment.
      4.   Where the conditions referred to in the first subparagraph of paragraph 3 are not met, the Commission shall temporarily suspend or cancel the disbursement of the Union's macro-financial assistance. In such cases, it shall inform the European Parliament and the Council of the reasons for that suspension or cancellation.
      5.   The Union's macro-financial assistance shall be disbursed to the Central Bank of Jordan. Subject to the provisions to be agreed in the Memorandum of Understanding, including a confirmation of residual budgetary financing needs, the Union funds may be transferred to the Jordanian Ministry of Finance as the final beneficiary.
      Article 5
      1.   The borrowing and lending operations related to the Union's macro-financial assistance shall be carried out in euro using the same value date and shall not involve the Union in the transformation of maturities, or expose it to any exchange or interest rate risk, or to any other commercial risk.
      2.   Where the circumstances permit, and if Jordan so requests, the Commission may take the steps necessary to ensure that an early repayment clause is included in the loan terms and conditions and that it is matched by a corresponding clause in the terms and conditions of the borrowing operations.
      3.   Where circumstances permit an improvement of the interest rate of the loan and if Jordan so requests, the Commission may decide to refinance all or part of its initial borrowings or may restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with paragraphs 1 and 4 and shall not have the effect of extending the maturity of the borrowings concerned or of increasing the amount of capital outstanding at the date of the refinancing or restructuring.
      4.   All costs incurred by the Union which relate to the borrowing and lending operations under this Decision shall be borne by Jordan.
      5.   The Commission shall inform the European Parliament and the Council of developments in the operations referred to in paragraphs 2 and 3.
      Article 6
      1.   The Union's macro-financial assistance shall be implemented in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (8) and Commission Delegated Regulation (EU) No 1268/2012 (9).
      2.   The implementation of the Union's macro-financial assistance shall be under direct management.
      3.   The Loan Agreement referred to in Article 3(3)shall contain provisions:

                  (a)

                  ensuring that Jordan regularly checks that financing provided from the budget of the Union has been properly used, takes appropriate measures to prevent irregularities and fraud, and, if necessary, takes legal action to recover any funds provided under this Decision that have been misappropriated;

                  (b)

                  ensuring the protection of the Union's financial interests, in particular providing for specific measures in relation to the prevention of, and fight against, fraud, corruption and any other irregularities affecting the Union's macro-financial assistance, in accordance with Council Regulation (EC, Euratom) No 2988/95 (10), Council Regulation (Euratom, EC) No 2185/96 (11) and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (12);

                  (c)

                  expressly authorising the Commission, including the European Anti-Fraud Office, or its representatives to carry out checks, including on-the-spot checks and inspections;

                  (d)

                  expressly authorising the Commission and the Court of Auditors to perform audits during and after the availability period of the Union's macro-financial assistance, including document audits and on-the-spot audits, such as operational assessments; and

                  (e)

                  ensuring that the Union is entitled to early repayment of the loan where it has been established that, in relation to the management of the Union's macro-financial assistance, Jordan has engaged in any act of fraud or corruption or any other illegal activity detrimental to the financial interests of the Union.

            4.   Before the implementation of the Union's macro-financial assistance, the Commission shall assess, by means of an operational assessment, the soundness of Jordan's financial arrangements, the administrative procedures, and the internal and external control mechanisms which are relevant to the assistance.
      Article 7
      1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
      2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
      Article 8
      1.   By 30 June of each year, the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Decision in the preceding year, including an evaluation of that implementation. The report shall:

                  (a)

                  examine the progress made in implementing the Union's macro-financial assistance;

                  (b)

                  assess the economic situation and prospects of Jordan, as well as progress made in implementing the policy measures referred to in Article 3(1);

                  (c)

                  indicate the connection between the economic policy conditions laid down in the Memorandum of Understanding, Jordan's ongoing economic and fiscal performance and the Commission's decisions to release the instalments of the Union's macro-financial assistance.

            2.   Not later than 2 years after the expiry of the availability period referred to in Article 1(4), the Commission shall submit to the European Parliament and to the Council an ex post evaluation report, assessing the results and efficiency of the completed Union's macro-financial assistance and the extent to which it has contributed to the aims of the assistance.
      Article 9
      This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

         Done at Strasbourg, 14 December 2016.

               For the European Parliament

               The President

            M. SCHULZ

               For the Council

               The President

            I. KORČOK

         (1)  Position of the European Parliament of 24 November 2016 (not yet published in the Official Journal) and Decision of the Council of 8 December 2016.

         (2)  Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (OJ L 129, 15.5.2002, p. 3).

         (3)  Agreement in the form of an Exchange of Letters between the European Community and the Hashemite Kingdom of Jordan concerning reciprocal liberalisation measures and amending the EC-Jordan Association Agreement as well as replacing Annexes I, II, III and IV and Protocols 1 and 2 to that Agreement (OJ L 41, 13.2.2006, p. 3).

         (4)  Decision No 1351/2013/EU of the European Parliament and of the Council of 11 December 2013 providing macro-financial assistance to the Hashemite Kingdom of Jordan (OJ L 341, 18.12.2013, p. 4).

         (5)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

         (6)  Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).

         (7)  Council Regulation (EC, Euratom) No 480/2009 of 25 May 2009 establishing a Guarantee Fund for external actions (OJ L 145, 10.6.2009, p. 10).

         (8)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

         (9)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

         (10)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

         (11)  Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

         (12)  Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

         Joint Statement by the European Parliament, the Council and the Commission
         In light of the fiscal challenges and extraordinary circumstances Jordan faces as a result of hosting more than 1,3 million Syrians, the Commission will in 2017, if appropriate, submit a new proposal for extending and increasing MFA to Jordan, upon the successful conclusion of the second MFA and provided that the usual preconditions for this type of assistance, including an updated assessment by the Commission of Jordan's external financing needs, are met. This critical assistance for Jordan would help the country maintain macroeconomic stability while also preserving development gains and continuing with the country's reform agenda.


Avis juridique important

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31991D0110

91/110/EEC: Council Decision of 27 February 1991 extending the validity of Decision 86/283/EEC on the association of the overseas countries and territories with the European Economic Community

Official Journal L 058 , 05/03/1991 P. 0027 - 0027

COUNCIL DECISION  of 27 February 1991  extending the validity of Decision 86/283/EEC on the association of the overseas countries and territories with the European Economic Community  (91/110/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular Article 136 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas, pending a new decision by the Council on the association of the overseas countries and territories with the European Economic Community, the arrangements applicable by virtue of Decision 86/283/EEC (2), as last amended by Decision 90/146/EEC  (3), should be kept in force until 30 June 1991,  HAS DECIDED AS FOLLOWS:  Article 1  In Article 183 of Decision 86/283/EEC '28 February 1991' shall be replaced by '30 June 1991'.  Article 2  This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.  It shall apply with effect from 1 March 1991.  Done at Brussels, 27 February 1991. For the Council  The President  J.-C. JUNCKER  (1) Opinion delivered on 22 February 1991 (not yet published in the Official Journal).  (2) OJ No L 175, 1. 7. 1986, p. 1.  (3) OJ No L 84, 30. 3. 1990, p. 108.


title: Council Decision 2012/527/CFSP of 27 September 2012 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

text:
               28.9.2012

               EN

               Official Journal of the European Union

               L 263/44

         COUNCIL DECISION 2012/527/CFSP
   of 27 September 2012
   amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 September 2010, the Council adopted Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (1).

               (2)

               In view of the progress in reaching a political settlement of the Transnistrian conflict and in restoring the free movement of persons across the administrative boundary of the Transnistrian region, the restrictive measures applying with respect to Annex I to Decision 2010/573/CFSP should be lifted.

               (3)

               The restrictive measures applying with respect to Annex II to Decision 2010/573/CFSP should be extended until 30 September 2013. However, in order to encourage progress in addressing the remaining problems regarding the Latin-script schools, the persons included in the list set out in Annex II to Decision 2010/573/CFSP should be removed from the list.

               (4)

               Decision 2010/573/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/573/CFSP is hereby amended as follows:

               (1)

               Article 1 is amended as follows:

                           (a)

                           paragraph 1 is replaced by the following:
                           ‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons who are responsible for the design and implementation of the campaign of intimidation and closure against Latin-script Moldovan schools in the Transnistrian region of the Republic of Moldova, as listed in the Annex.’;

                           (b)

                           paragraph 8 is replaced by the following:
                           ‘8.   In cases where pursuant to paragraphs 3, 4, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.’;

               (2)

               Article 2 is replaced by the following:
               ‘Article 2
               The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt modifications to the list contained in the Annex as required by relevant developments in the Republic of Moldova.’;

               (3)

               Article 4 is replaced by the following:
               ‘Article 4
               1.   This Decision shall enter into force on the date of its adoption.
               2.   This Decision shall apply until 30 September 2013. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’;

               (4)

               Annex I is deleted;

               (5)

               Annex II is replaced by the text appearing in the Annex to this Decision.

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

      Done at Brussels, 27 September 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 253, 28.9.2010, p. 54.

      ANNEX

            ‘ANNEX

               Persons referred to in Article 1(1)

            …’


title: 2004/540/CFSP: Political and Security Committee Decision THEMIS/1/2004 of 30 June 2004 concerning the appointment of the Head of Mission of the EU Rule of Law Mission in Georgia, in the context of ESDP, EUJUST THEMIS

text:
               9.7.2004

               EN

               Official Journal of the European Union

               L 239/35

      POLITICAL AND SECURITY COMMITTEE DECISION THEMIS/1/2004
   of 30 June 2004
   concerning the appointment of the Head of Mission of the EU Rule of Law Mission in Georgia, in the context of ESDP, EUJUST THEMIS
   (2004/540/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union and in particular Article 25(3) thereof,
   Having regard to Council Joint Action 2004/523/CFSP of 28 June 2004 on the European Union Rule of Law Mission in Georgia, EUJUST THEMIS (1), and in particular Article 9(1) thereof,
   Whereas:

               (1)

               Article 9(1) of Joint Action 2004/523/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the TEU, including the powers to appoint, upon a proposal by the Secretary-General/High Representative, a Head of Mission.

               (2)

               The Secretary-General/High Representative has proposed the appointment of Ms Sylvie PANTZ,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Sylvie PANTZ is hereby appointed Head of Mission of the EU Rule of Law Mission in Georgia, in the context of ESDP, EUJUST THEMIS.
   Article 2
   This Decision shall take effect on the day of its adoption.
   It shall apply until 14 July 2005.

      Done at Brussels, 30 June 2004.

            For the Political and Security Committee

            The President

         D. KELLEHER

      (1)  OJ L 228, 29.6.2004, p. 21.


title: Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures against Myanmar/Burma and repealing Decision 2010/232/CFSP

text:
                  23.4.2013

                  EN

                  Official Journal of the European Union

                  L 111/75

         COUNCIL DECISION 2013/184/CFSP
         of 22 April 2013
         concerning restrictive measures against Myanmar/Burma and repealing Decision 2010/232/CFSP
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on European Union, and in particular Article 29 thereof,
         Whereas:

                     (1)

                     On 26 April 2010, the Council adopted Decision 2010/232/CFSP renewing restrictive measures against Burma/ Myanmar (1).

                     (2)

                     In view of the developments in Myanmar/Burma and as a means of encouraging positive changes to continue, all restrictive measures should be lifted with the exception of the arms embargo and the embargo on equipment which might be used for internal repression.

                     (3)

                     Decision 2010/232/CFSP should therefore be repealed,

               HAS ADOPTED THIS DECISION:

            Article 1

               1.   The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to Myanmar/Burma by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft shall be prohibited whether originating or not in their territories.

               2.   It shall be prohibited:

                           (a)

                           to provide technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, as well as equipment which might be used for internal repression, directly or indirectly to any natural or legal person, entity or body in, or for use in Myanmar/Burma;

                           (b)

                           to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance for any sale, supply, transfer or export of arms and related materiel, as well as equipment which might be used for internal repression, or for the provision of related technical assistance, brokering and other services directly or indirectly to any person, entity or body in, or for use in Myanmar/Burma;

                           (c)

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

            Article 2

               1.   Article 1 shall not apply to:

                           (a)

                           the sale, supply, transfer or export of non-lethal military equipment, or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution-building programmes of the UN and the EU, or of materiel intended for EU and UN crisis management operations;

                           (b)

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

                           (c)

                           the provision of financing and financial assistance related to such equipment or to such programmes and operations;

                           (d)

                           the provision of technical assistance related to such equipment or to such programmes and operations,

                     on condition that such exports have been approved in advance by the relevant competent authority.

               2.   Article 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Myanmar/Burma by UN personnel, personnel of the EU or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.

            Article 3
            This Decision shall apply until 30 April 2014. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

            Article 4
            Decision 2010/232/CFSP is hereby repealed.

            Article 5
            This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

            Done at Luxembourg, 22 April 2013.

                  For the Council

                  The President

               C. ASHTON

            (1)  OJ L 105, 27.04.2010, p. 22.


title: Council Decision (CFSP) 2017/1338 of 17 July 2017 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya

text:
               18.7.2017

               EN

               Official Journal of the European Union

               L 185/49

         COUNCIL DECISION (CFSP) 2017/1338
   of 17 July 2017
   amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 31 July 2015, the Council adopted Decision (CFSP) 2015/1333 (1).

               (2)

               The Council has previously noted the importance of stability in Libya and has offered to provide support to the Libyan authorities as recognised under the Libyan Political Agreement, to counter the smuggling of migrants and trafficking in human beings.

               (3)

               The smuggling of migrants and trafficking in human beings contributes to destabilising the political and security situation in Libya.

               (4)

               Restrictions should be applied to the export of certain products to Libya which may be used to facilitate the smuggling of migrants and trafficking in human beings.

               (5)

               Decision (CFSP) 2015/1333 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 10 of Decision (CFSP) 2015/1333 is replaced by the following:

      ‘Article 10
      1.   Member States shall require their nationals, persons subject to their jurisdiction and firms incorporated in their territories or subject to their jurisdiction to exercise vigilance when doing business with entities incorporated in Libya or subject to Libya's jurisdiction, and any individuals and entities acting on their behalf or at their direction, and entities owned or controlled by them, with a view to preventing business that could contribute to violence and the use of force against civilians.
      2.   The sale, supply, transfer or export of certain vessels and motors to Libya which could be used in the smuggling of migrants and trafficking in human beings, by nationals of Member States or through the territories of Member States or using their flag vessels or aircraft, shall be subject to an authorisation by the competent authority of the Member State whether originating in its territory or not.
      3.   The competent authorities of Member States shall not grant any authorisation for the sale, supply, transfer or export of the items referred to in paragraph 2 if they have reasonable grounds to believe that the item would be used in the smuggling of migrants and trafficking in human beings.
      4.   Paragraph 2 shall not apply to the sales, supply, transfer or exports made by the authorities of Member States to the Libyan government.
      The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.’.

   Article 2
   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, 17 July 2017.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (OJ L 206, 1.8.2015, p. 34).


title: 2005/133/EC: Commission Decision of 16 February 2005 partially suspending the definitive anti-dumping duties imposed by Regulation (EC) No 258/2005 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and Ukraine

text:
               17.2.2005

               EN

               Official Journal of the European Union

               L 46/46

      COMMISSION DECISION

   of 16 February 2005
   partially suspending the definitive anti-dumping duties imposed by Regulation (EC) No 258/2005 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and Ukraine
   (2005/133/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) (‘the basic Regulation’), and in particular Article 14(4) thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   EXISTING MEASURES

               (1)

               Following a review investigation carried out in accordance with Article 11(3) of the basic Regulation (‘review investigation’), the Council, by Regulation (EC) No 258/2005 (2) (‘the definitive Regulation’), imposed an anti-dumping duty of 38,8 % on imports of certain seamless pipes and tubes of iron or non-alloy steel (‘SST’) originating in Croatia and an anti-dumping duty of 64,1 % for imports of SST originating in Ukraine with the exception of imports from Dnipropetrovsk Tube Works (‘DTW’) which is subject to an anti-dumping duty of 51,9 % (‘the existing measures’). The definitive Regulation amended definitive anti-dumping duties imposed by Regulation (EC) No 348/2000 (3), as last amended by Regulation (EC) No 1515/2002 (4) and repealed the possibility of exemption from the duties as provided for in Article 2 of Regulation (EC) No 348/2000 (‘original measures’).

         B.   MEASURES IN FORCE ON IMPORTS OF SST FROM ROMANIA AND RUSSIA

               (2)

               By Regulation (EC) No 2320/97, anti-dumping duties were imposed on imports of SST originating, inter alia, in Romania and Russia (5). By Decisions 97/790/EC (6) and 2000/70/EC (7), undertakings were accepted from exporters in, inter alia, Romania and Russia. By Regulation (EC) No 1322/2004 (8), it was decided to no longer apply the measures in force on imports of SST originating in Romania and Russia (‘the non-applied measures’) as a matter of prudence due to an anti-competitive behaviour of certain Community producers (9).

         C.   EXAMINATION OF GROUNDS FOR SUSPENSION OF THE EXISTING MEASURES

               (3)

               Article 14(4) of the basic Regulation provides that, in the Community interest, anti-dumping measures may be suspended on the grounds that market conditions have temporarily changed to an extent that injury would be unlikely to resume as a result of such a suspension. Article 14(4) further specifies that the anti-dumping measures concerned may be reinstated at any time if the reason for suspension is no longer applicable.

               (4)

               The definitive Regulation takes account mainly of the situation between October 2001 and September 2002, i.e. the investigation period of that review investigation (‘review investigation period’). The review investigation leading to the definitive Regulation showed that imports from Ukraine and Croatia had, during the review investigation period, a significant market position. They were still dumped and the injury margin had increased as compared to the original investigation. On this basis, the review concluded that the original measures which were at a level of 23 % for Croatia and 38,5 % for Ukraine should be increased to reach their current level of 38,8 % for Croatia and 51,9 % and 64,1 % depending on the exporting producer concerned, for imports from Ukraine.

               (5)

               An examination of recent import flows reveals that in particular since the non-application of the measures on imports of SST from Russia and Romania, the situation on the Community market with respect to imports has changed, notably in that cumulated import flows from the aforesaid countries have increased, whereas at the same time cumulated imports from Croatia and Ukraine have significantly decreased to very low levels.

               (6)

               As long as the current market conditions prevail, Russian and Romanian imports are likely to maintain their strong presence and it would be unlikely that Ukrainian and/or Croatian imports would increase significantly. Therefore, it is considered that, in this specific situation, it is unlikely that injury to the Community industry would resume if the increase of the duty rates as provided for by the definitive Regulation would be suspended. Consequently, and because of the special circumstances regarding, inter alia, the non-application of the measures on imports from Russia and Romania, it is considered that the duty levels of 23 % and 38,5 % established in the original investigation for Croatia and Ukraine respectively would be sufficient to eliminate injurious dumping.

               (7)

               The Commission also notes that the current temporary change in market conditions does not warrant a complete suspension of measures applicable against Croatia and Ukraine. Information collected in the review investigation concluded by the definitive Regulation demonstrates that Ukrainian and Croatian producers continue to have a considerable export potential so that they could easily increase exports to the Community market to an injurious level. Thus, a full suspension of measures against imports from Croatia and Ukraine could also lead to similar import trends from these two countries as are currently experienced with regard to imports from Russia and Romania and would, therefore, in all likelihood lead to injury of the Community industry.

               (8)

               For the above reasons, it is concluded that the requirements permitting a partial suspension of the definitive Regulation, pursuant to Article 14(4) of the basic Regulation are met. Indeed, it is not in the interest of the Community to apply the increased duty levels provided for by the definitive Regulation as long as the duty levels set out in Regulation (EC) No 348/2000, as last amended by Regulation (EC) No 1515/2002 are sufficient. Accordingly, the application of the duty rates foreseen in the definitive Regulation should be partially suspended to the extent of the difference between the rates set in Article 1 of the definitive Regulation and those set in Article 1(2) of Regulation (EC) No 348/2000.

               (9)

               Should the situation which led to the suspension change subsequently, the Commission may reinstate the anti-dumping measures by repealing the partial suspension of the anti-dumping duties forthwith.

         D.   CONSULTATION OF THE COMMUNITY INDUSTRY

               (10)

               In accordance with the provisions of Article 14(4) of the basic Regulation the Commission informed the Community industry of its intention to partially suspend the anti-dumping measures and provided it with an opportunity to comment. The Community industry did not raise any objection.

         HAS DECIDED AS FOLLOWS:
   Article 1
   The anti-dumping duty imposed by Regulation (EC) No 258/2005 on imports of

               —

               seamless pipes, of iron or non-alloy steel, of a kind used for oil and gas pipelines, of an external diameter not exceeding 406,4 mm (falling within CN codes 7304 10 10 and 7304 10 30);

               —

               seamless pipes of circular cross-section, of iron or non-alloy steel, cold-drawn or cold-rolled (falling within CN code 7304 31 99);

               —

               other tubes of circular cross-section, of iron or non-alloy steel, of an external diameter not exceeding 406,4 mm (falling within CN codes 7304 39 91 and 7304 39 93)

         is hereby partially suspended as follows for a period of nine months:

               Country

               Company

               Rate of duty foreseen in Regulation (EC) No 258/2005
               %

               Rate of duty which is suspended
               %

               Rate of duty which is not suspended
               %

               TARIC additional code

               Croatia

               All companies

               38,8

               15,8

               23

               —

               Ukraine

               Dnipropetrovsk Tube Works (DTW), Dnipropetrovsk

               51,9

               13,4

               38,5

               A614

               OJSC Nizhnedneprovsky Tube Rolling Plant (NTRP), Dnipropretovsk, and CJSC Nikopolsky seamless tubes plant ‘Nikotube’, Nikopol

               64,1

               25,6

               38,5

               A615

               All other companies

               64,1

               25,6

               38,5

               A999

         Article 2
   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, 16 February 2005.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

      (2)  See page 7 of this Official Journal.

      (3)  OJ L 45, 17.2.2000, p. 1.

      (4)  OJ L 228, 24.8.2002, p. 8.

      (5)  OJ L 322, 25.11.1997, p. 1. Regulation as last amended by Regulation (EC) No 235/2004 (OJ L 40, 12.2.2004, p. 11).

      (6)  OJ L 322, 25.11.1997, p. 63.

      (7)  OJ L 23, 28.1.2000, p. 78.

      (8)  OJ L 246, 20.7.2004, p. 10.

      (9)  See recital (9) of Regulation (EC) No 1322/2004.


Avis juridique important

|

31999D0876

1999/876/EC: Council Decision of 21 December 1999 on the provisional application of the Agreement in the form of an Exchange of Letters amending the Agreements between the European Community and the People's Republic of China on trade in textile products

Official Journal L 345 , 31/12/1999 P. 0001 - 0001

COUNCIL DECISIONof 21 December 1999on the provisional application of the Agreement in the form of an Exchange of Letters amending the Agreements between the European Community and the People's Republic of China on trade in textile products(1999/876/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2), first sentence thereof,Having regard to the proposal from the Commission,Whereas:(1) the Commission has negotiated on behalf of the Community an Agreement in the form of an Exchange of Letters between the European Community and the People's Republic of China amending the Agreement between the European Community and the People's Republic of China on trade in textile products, as last amended by the Agreement in the form of an Exchange of Letters initialled on 20 November 1998 and amending the Agreement between the European Community and the People's Republic of China initialled on 19 January 1995 on trade in textile products not covered by the MFA bilateral Agreement on trade in textile products;(2) the Agreement in the form of an Exchange of Letters should be applied on a provisional basis from 1 January 2000 pending the completion of the procedures necessary for its conclusion, subject to reciprocal provisional application of the Agreement by the People's Republic of China,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and the People's Republic of China initialled in Beijing on 6 December 1999 amending the Agreement between the European Economic Community and the People's Republic of China on trade in textile products as last amended by an Agreement initialled on 20 November 1999 and amending the Agreement between the European Community and the People's Republic of China initialled on 19 January 1995 on trade in textile products not covered by the MFA bilateral Agreement shall be applied on a provisional basis from 1 January 2000 pending its formal conclusion and subject to reciprocal provisional application of the Agreement in the form of an Exchange of Letters by the People's Republic of China.The text of the Agreement in the Form of an Exchange of Letters is attached to this Decision.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 21 December 1999.For the CouncilThe PresidentT. HALONEN


title: 2005/520/EC: Council Decision of 22 November 2004 concerning the signing of a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, on a Framework Agreement between the European Community and the Former Yugoslav Republic of Macedonia on the general principles for the participation of the Former Yugoslav Republic of Macedonia in Community programmes

text:
               22.7.2005

               EN

               Official Journal of the European Union

               L 192/22

         COUNCIL DECISION
   of 22 November 2004
   concerning the signing of a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, on a Framework Agreement between the European Community and the Former Yugoslav Republic of Macedonia on the general principles for the participation of the Former Yugoslav Republic of Macedonia in Community programmes
   (2005/520/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 13, 71, 80, 95, 127, 137, 149, 150, 151, 152, 153, 157, 166, 175, 280 and 308 in conjunction with the second sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)(2)

               The Commission has negotiated on behalf of the Community a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, on a Framework Agreement with the Former Yugoslav Republic of Macedonia on the general principles for its participation in Community programmes.Subject to its conclusion at a later date, the Agreement initialled on 25 October 2004 should be signed,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Subject to its conclusion at a later date, the President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the European Community, the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, on a Framework Agreement between the European Community and the Former Yugoslav Republic of Macedonia on the general principles for the participation of the Former Yugoslav Republic of Macedonia in Community programmes.

      Done at Brussels, 22 November 2004.

            For the Council

            The President

         B. R. BOT

   PROTOCOL
   to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, on a Framework Agreement between the European Community and the Former Yugoslav Republic of Macedonia on the general principles for the participation of the Former Yugoslav Republic of Macedonia in Community programmes
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   of the one part, and
   the FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
   of the other part,
   hereinafter referred to as ‘the Contracting Parties’,
   WHEREAS:

               (1)

               The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, (hereinafter referred to as the SAA) was signed by Exchange of Letters in Luxembourg on 9 April 2001 and entered into force on 1 April 2004.

               (2)

               The European Council in Copenhagen in December 2002 confirmed the European perspective of the countries of the western Balkans, as potential candidates, and underlined its determination to support their efforts to move closer to the European Union.

               (3)

               The European Council in Thessaloniki in June 2003 acknowledged that the Stabilisation and Association Process will remain the framework for the European course of the western Balkan countries all the way to their future accession and endorsed ‘The Thessaloniki Agenda for the western Balkans: moving towards European integration’, which aims to further strengthen the privileged relations between the EU and the western Balkans drawing on the enlargement experience.

               (4)

               The Thessaloniki Agenda invited the western Balkan countries to participate in Community programmes and agencies in line with the principles laid down for participation by the candidate countries, aiming to familiarise the countries concerned and their people with the policies and working methods of the EU, thus anchoring them more firmly to the EU and encouraging them on the path towards European integration.

               (5)

               The Former Yugoslav Republic of Macedonia has expressed its wish to participate in a number of Community programmes.

               (6)

               The specific terms and conditions, including financial contribution, regarding the participation of the Former Yugoslav Republic of Macedonia in each particular programme should be determined by agreement between the Commission of the European Communities, acting on behalf of the Community, and the Former Yugoslav Republic of Macedonia.

         HAVE AGREED AS FOLLOWS:
   Article 1
   The Former Yugoslav Republic of Macedonia shall be allowed to participate in the following Community programmes:

               1.

               the running Community programmes which are listed in the Annex, which are open to the participation of the Former Yugoslav Republic of Macedonia once the present Agreement (hereinafter referred to as the Agreement) enters into force;

               2.

               Community Programmes established or renewed after the entry into force of the Agreement and which contain an opening clause which foresees the participation of the Former Yugoslav Republic of Macedonia.

         Article 2
   The Former Yugoslav Republic of Macedonia shall contribute financially to the general budget of the European Union corresponding to the specific programmes in which it participates.
   Article 3
   The Former Yugoslav Republic of Macedonia's representatives shall be allowed to take part, as observers and for the points which concern the Former Yugoslav Republic of Macedonia, in the management committees responsible for monitoring the programmes to which the Former Yugoslav Republic of Macedonia contributes financially.
   Article 4
   Projects and initiatives submitted by participants from the Former Yugoslav Republic of Macedonia shall, as far as possible, be subject to the same conditions, rules and procedures pertaining to the programmes concerned as are applied to Member States.
   Article 5
   The specific terms and conditions regarding the participation of the Former Yugoslav Republic of Macedonia in each particular programme, in particular the financial contribution payable, will be determined by agreement, in the form of a Memorandum of Understanding, between the Commission, acting on behalf of the Community, and the Former Yugoslav Republic of Macedonia.
   If the Former Yugoslav Republic of Macedonia applies for Community external assistance on the basis of Council Regulation (EC) No 2666/2000 of 5 December 2000, as amended by Council Regulation (EC) No 2415/2001 of 10 December 2001 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia or pursuant to any similar Regulation providing for Community external assistance to the Former Yugoslav Republic of Macedonia that may be adopted in future, the conditions governing the use by the Former Yugoslav Republic of Macedonia of the Community assistance shall be determined in a financing agreement.
   Article 6
   The Memorandum of Understanding shall stipulate, in accordance with the Community's Financial Regulation, that financial control or audits will be carried out by, or under the authority of, the European Commission, OLAF and the Court of Auditors of the European Communities.
   Detailed provisions shall be made on financial control and auditing, administrative measures, penalties and recovery enabling the European Commission, OLAF and the Court of Auditors to be granted powers equivalent to their powers with regard to beneficiaries or contractors established in the Community.
   Article 7
   The Agreement shall apply for an indeterminate period.
   Either Contracting Party may denounce this Agreement by written notification to the other Contracting Party. This Agreement shall terminate six months after the date of such notification.
   Article 8
   No later than three years after the date of entry into force of this Agreement, and every three years thereafter, both Contracting Parties may review the implementation of this Agreement on the basis of the actual participation of the Former Yugoslav Republic of Macedonia in one or more Community programmes.
   Article 9
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Former Yugoslav Republic of Macedonia.
   Article 10
   This Agreement shall enter into force on the date of receipt of the last written notification through diplomatic channels by which each Contracting Party informs the other that its procedure for the entry into force of this Agreement has been completed.
   Article 11
   1.   The Agreement is drawn up in duplicate in each of the official languages of the Contracting Parties with the exception of Maltese.
   2.   Once the institutions of the European Union will be bound to publish all official acts in Maltese in the Official Journal of the European Union, the Agreement will also be drawn up in duplicate in Maltese.
   3.   Each of the language texts is equally authentic.
   Article 12
   The Agreement and the Annex thereto shall form an integral part of the SAA.

      Done at Brussels, 22 November 2004.

            For the Government of the Former Yugoslav Republic of Macedonia

            For the European Community

   ANNEX
   LIST OF RUNNING COMMUNITY PROGRAMMES REFERRED TO IN ARTICLE 1

               —

               Combating discrimination (2001 to 2006) (1)

               —

               Combating social exclusion (2002 to 2006) (2)

               —

               Community actions in support of consumer policy (2004 to 2007) (3)

               —

               Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004 to 2006) (4)

               —

               Community action programme to promote active European citizenship (2004 to 2006) (5)

               —

               Community action in the field of public health (2003 to 2008) (6)

               —

               Culture 2000 (2000 to 2006) (7)

               —

               Customs (2003 to 2007) (8)

               —

               Daphne II (2004 to 2008) (9)

               —

               eContent Plus (2004 to 2008) (10)

               —

               eLearning (2004 to 2006) (11)

               —

               Erasmus Mundus (2004 to 2008) (12)

               —

               Fiscalis (2003 to 2007) (13)

               —

               Gender equality (2001 to 2006) (14)

               —

               Hercule (2004 to 2006) (15)

               —

               Intelligent Energy Europe (2003 to 2006) (16)

               —

               Life (2000 to 2006) (17)

               —

               Leonardo da Vinci II (2000 to 2006) (18)

               —

               Marco Polo (2003 to 2010) (19)

               —

               Media Plus (20)/Media Training (21) (2001 to 2006)

               —

               Safer Internet plus (2005 to 2008) (22)

               —

               Sixth RTD framework programme (2002 to 2006) (23)

               —

               Socrates II (2000 to 2006) (24)

               —

               Youth (2000 to 2006) (25)

      (1)  See Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006) (OJ L 303, 2.12.2000, p. 23).

      (2)  See Decision No 50/2002/EC of the European Parliament and of the Council of 7 December 2001 establishing a programme of Community action to encourage cooperation between Member States to combat social exclusion (OJ L 10, 12.1.2002, p. 1).

      (3)  See Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 (OJ L 5, 9.1.2004, p. 1).

      (4)  See Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training (OJ L 138, 30.4.2004, p. 31).

      (5)  See Council Decision 2004/100/EC of 26 January 2004 establishing a Community action programme to promote active European citizenship (civic participation) (OJ L 30, 4.2.2004, p. 6).

      (6)  See Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003 to 2008) (OJ L 271, 9.10.2002, p. 1).

      (7)  See Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing the Culture 2000 programme (OJ L 63, 10.3.2000, p. 1) and Decision No 626/2004/EC of the European Parliament and of the Council of 31 March 2004 amending Decision No 508/2000/EC establishing the Culture 2000 programme (OJ L 99, 3.4.2004, p. 3).

      (8)  See Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an action programme for customs in the Community (Customs 2007) (OJ L 36, 12.2.2003, p. 1).

      (9)  See Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) (OJ L 143, 30.4.2004, p. 1).

      (10)  Not yet adopted — see COM(2004) 96 final, 2004/0025 (COD).

      (11)  See Decision No 2318/2003/EC of the European Parliament and of the Council of 5 December 2003 adopting a multiannual programme (2004 to 2006) for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (eLearning Programme) (OJ L 345, 31.12.2003, p. 9).

      (12)  See Decision No 2317/2003/EC of the European Parliament and of the Council of 5 December 2003 establishing a programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004 to 2008) (OJ L 345, 31.12.2003, p. 1).

      (13)  See Decision No 2235/2002/EC of the European Parliament and of the Council of 3 December 2002 adopting a Community programme to improve the operation of taxation systems in the internal market (Fiscalis programme 2003 to 2007) (OJ L 341, 17.12.2002, p. 1).

      (14)  See Council Decision No 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality (2001-2005) (OJ L 17, 19.1.2001, p. 22).

      (15)  See Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (Hercule programme) (OJ L 143, 30.4.2004, p. 9).

      (16)  See Decision No 1230/2003/EC of the European Parliament and of the Council of 26 June 2003 adopting a multiannual programme for action in the field of energy: ‘Intelligent Energy — Europe’ (2003 to 2006) (OJ L 176, 15.7.2003, p. 29).

      (17)  See Regulation (EC) No 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning the Financial Instrument for the Environment (LIFE) (OJ L 192, 28.7.2000, p. 1) as amended by Regulation (EC) No 1682/2004 of 15 September 2004 (OJ L 308, 5.10.2004, p. 1).

      (18)  See Council Decision No 1999/382/EC of 26 April 1999 establishing the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (OJ L 146, 11.6.1999, p. 33).

      (19)  See Regulation (EC) No 1382/2003 of the European Parliament and of the Council of 22 July 2003 on the granting of Community financial assistance to improve the environmental performance of the freight transport system (Marco Polo Programme) (OJ L 196, 2.8.2003, p. 1).

      (20)  See Corrigendum to Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus-Development, Distribution and Promotion) (2001 to 2005) (OJ L 336 of 30.12.2000, p. 82) (OJ L 13, 17.1.2001, p. 34) as amended by Decision No 846/2004/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 4).

      (21)  See Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001 to 2005) (OJ L 26, 27.1.2001, p. 1) as amended by Decision No 845/2004 (OJ L 157, 30.4.2004, p. 1).

      (22)  Not yet adopted — see COM(2004) 91 final, 2004/0023 (COD).

      (23)  See Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) (OJ L 232, 29.8.2002, p. 1).

      (24)  See Decision No 253/2000/EC of the European Parliament and of the Council of 24 January 2000 establishing the second phase of the Community action programme in the field of education ‘Socrates’ (OJ L 28, 3.2.2000, p. 1).

      (25)  See Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing the ‘Youth’ Community action programme (OJ L 117, 18.5.2000, p. 1).


title: Decision No 938/2010/EU of the European Parliament and of the Council of 20 October 2010 providing macro-financial assistance to the Republic of Moldova

text:
               21.10.2010

               EN

               Official Journal of the European Union

               L 277/1

         DECISION No 938/2010/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 20 October 2010
   providing macro-financial assistance to the Republic of Moldova
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Acting in accordance with the ordinary legislative procedure (1),
   Whereas:

               (1)

               Relations between the Republic of Moldova (‘Moldova’) and the European Union are developing within the framework of the European Neighbourhood Policy. In 2005, the Community and Moldova agreed on a European Neighbourhood Policy Action Plan identifying medium-term priorities in EU-Moldova relations. The framework of those bilateral relations is further enhanced by the recently launched Eastern Partnership. In January 2010 the European Union and Moldova started negotiating an Association Agreement that is expected to replace the existing Partnership and Cooperation Agreement.

               (2)

               The Moldovan economy has been severely affected by the international financial crisis, with dramatically declining output, a deteriorating fiscal position and rising external financing needs.

               (3)

               Moldova’s economic stabilisation and recovery are supported by financial assistance from the International Monetary Fund (IMF). The IMF financing arrangement for Moldova was approved on 29 January 2010.

               (4)

               Moldova has requested Union macro-financial assistance in view of the deteriorating economic situation and outlook.

               (5)

               Given that a residual financing gap in 2010-2011 remains in Moldova’s balance of payments, macro-financial assistance is considered an appropriate response to Moldova’s request to support economic stabilisation in conjunction with the current IMF programme. This macro-financial assistance is also expected to contribute to alleviating the external financing needs of the State budget.

               (6)

               The Union macro-financial assistance should not merely supplement programmes and resources from the IMF and the World Bank, but should ensure the added value of Union involvement.

               (7)

               The Commission should ensure that the Union macro-financial assistance is legally and substantially in line with the measures taken within the different areas of external action and other relevant Union policies.

               (8)

               The specific objectives of the Union macro-financial assistance should strengthen efficiency, transparency and accountability. These objectives should be regularly monitored by the Commission.

               (9)

               The conditions underlying the provision of the Union macro-financial assistance should reflect key principles and objectives of Union policy towards Moldova.

               (10)

               In order to ensure efficient protection of the Union’s financial interests linked to this macro-financial assistance, it is necessary that Moldova adopt appropriate measures relating to the prevention of, and the fight against, fraud, corruption and any other irregularities linked to this assistance. It is also necessary that the Commission provide for appropriate controls and that the Court of Auditors provide for appropriate audits.

               (11)

               The release of the Union macro-financial assistance is without prejudice to the powers of the budgetary authority.

               (12)

               The Union macro-financial assistance should be managed by the Commission. In order to ensure that the European Parliament and the Economic and Financial Committee are able to follow the implementation of this Decision, the Commission should regularly inform them of developments relating to the assistance and provide them with relevant documents.

               (13)

               According to Article 291 of the Treaty on the Functioning of the European Union, rules and general principles concerning mechanisms for the control by Member States of the Commission’s exercise of implementing powers are to be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2) continues to apply, with the exception of the regulatory procedure with scrutiny, which is not applicable,

         HAVE ADOPTED THIS DECISION:
   Article 1
   1.   The Union shall make available to Moldova macro-financial assistance in the form of a grant of a maximum amount of EUR 90 million with a view to supporting Moldova’s economic stabilisation and alleviating its balance of payments and budgetary needs, as identified in the current IMF programme.
   2.   The release of the Union macro-financial assistance shall be managed by the Commission in a manner consistent with the agreements or understandings reached between the IMF and Moldova and with the key principles and objectives of economic reform set out in the EU-Moldova Partnership and Cooperation Agreement and Action Plan. The Commission shall regularly inform the European Parliament and the Economic and Financial Committee of developments in the management of the assistance and provide them with relevant documents.
   3.   The Union macro-financial assistance shall be made available for two years and six months starting from the first day after the entry into force of the Memorandum of Understanding referred to in Article 2(1).
   Article 2
   1.   The Commission, acting in accordance with the advisory procedure referred to in Article 5(2), shall be empowered to agree with the Moldovan authorities on the economic policy conditions attached to the Union macro-financial assistance, to be laid down in a Memorandum of Understanding which shall include a timeframe for their fulfilment (hereinafter the ‘Memorandum of Understanding’). The conditions shall be consistent with the agreements or understandings reached between the IMF and Moldova and with the key principles and objectives of economic reform set out in the EU- Moldova Partnership and Cooperation Agreement and Action Plan. These principles and objectives aim at strengthening the efficiency, transparency and accountability of the assistance, including in particular public finance management systems in Moldova. Progress in attaining those objectives shall be regularly monitored by the Commission. The detailed financial terms of the assistance shall be laid down in a Grant Agreement to be agreed between the Commission and the Moldovan authorities.
   2.   During the implementation of the Union macro-financial assistance, the Commission shall monitor the soundness of the financial arrangements, administrative procedures and internal and external control mechanisms in Moldova which are relevant to such assistance and the adherence to the agreed timeframe.
   3.   The Commission shall verify at regular intervals that Moldova’s economic policies are in accordance with the objectives of the Union macro-financial assistance and that the agreed economic policy conditions are being satisfactorily fulfilled. To this end the Commission shall coordinate closely with the IMF and the World Bank, and, when required, with the Economic and Financial Committee.
   Article 3
   1.   Subject to the conditions of paragraph 2, the Union macro-financial assistance to Moldova shall be made available by the Commission in not less than three grant instalments. The size of each instalment shall be laid down in the Memorandum of Understanding.
   2.   The Commission shall decide on the release of the instalments subject to satisfactory implementation of the economic policy conditions agreed in the Memorandum of Understanding. The disbursement of the second and the subsequent instalments shall not take place earlier than three months after the release of the previous instalment.
   3.   The Union funds shall be paid to the National Bank of Moldova. Subject to provisions to be agreed in the Memorandum of Understanding, including a confirmation of residual budgetary financing needs, the Union funds may be transferred to the State Treasury of Moldova as the final beneficiary.
   Article 4
   The Union macro-financial assistance shall be implemented in accordance with the provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) and its implementing rules (4). In particular, the Memorandum of Understanding and the Grant Agreement to be agreed with the Moldovan authorities shall provide for specific measures to be implemented by Moldova in relation to the prevention of, and the fight against, fraud, corruption and other irregularities affecting the assistance. In order to ensure greater transparency in the management and disbursement of the Union funds, the Memorandum of Understanding and the Grant Agreement shall also provide for controls including on-the-spot checks and inspections, to be carried out by the Commission, including the European Anti-Fraud Office. They shall in addition provide for audits, including where appropriate on-the-spot audits, by the Court of Auditors.
   Article 5
   1.   The Commission shall be assisted by a committee.
   2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   Article 6
   1.   By 31 August of each year the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Decision in the preceding year, including an evaluation thereof. The report shall indicate the connection between the policy conditions as laid down in the Memorandum of Understanding, Moldova’s ongoing economic and fiscal performance, and the Commission’s decision to release the instalments of the assistance.
   2.   No later than two years after the expiry of the availability period referred to in Article 1(3), the Commission shall submit to the European Parliament and to the Council an ex post evaluation report.
   Article 7
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Strasbourg, 20 October 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  Position of the European Parliament of 7 September 2010 (not yet published in the Official Journal) and decision of the Council of 11 October 2010.

      (2)  OJ L 184, 17.7.1999, p. 23.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p. 1).


title: Council Implementing Decision (EU) 2016/543 of 17 July 2015 approving the adjustment programme of Greece (2015/1182)

text:
               7.4.2016

               EN

               Official Journal of the European Union

               L 91/26

         COUNCIL IMPLEMENTING DECISION (EU) 2016/543
   of 17 July 2015
   approving the adjustment programme of Greece (2015/1182) (1)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (2), and in particular Article 7(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Regulation (EU) No 472/2013 sets rules for the approval of a macro-economic adjustment programme for a Member State in receipt of financial assistance, including from the European Financial Stabilisation Mechanism (EFSM). These rules need to be consistent with the provisions of Council Regulation (EU) No 407/2010 (3) establishing the EFSM.

               (2)

               Greece has been granted financial assistance from the EFSM by Council Implementing Decision (EU) 2016/542 (4) on granting short-term Union financial assistance to Greece.

               (3)

               For reasons of consistency, the approval of the macroeconomic adjustment programme for Greece under Regulation (EU) No 472/2013 should be done by reference to the relevant provisions of Implementing Decision (EU) 2016/542,

         HAS ADOPTED THIS DECISION:
   Article 1
   The measures specified in Article 3(3) of Implementing Decision (EU) 2016/542 to be taken by Greece as part of its adjustment programme are hereby approved.
   Article 2
   This Decision shall take effect upon the date of its notification.
   Article 3
   This Decision is addressed to the Hellenic Republic.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 17 July 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  This act has originally been adopted in English only and published in OJ L 192, 18.7.2015, p. 19.

      (2)  OJ L 140, 27.5.2013, p. 1.

      (3)  Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism (OJ L 118, 12.5.2010, p. 1).

      (4)  See page 22 of this Official Journal.


title: 2014/495/Euratom: Council Decision of 16 June 2014 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part

text:
               30.8.2014

               EN

               Official Journal of the European Union

               L 261/744

         COUNCIL DECISION
   of 16 June 2014
   approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part
   (2014/495/Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the recommendation from the European Commission,
   Whereas:

               (1)

               On 10 May 2010, the Council authorised the Commission to open negotiations with Georgia for the conclusion of a new agreement between the Union and Georgia to replace the Partnership and Cooperation Agreement (1).

               (2)

               Taking into account the close historical relationship and progressively closer links between the Parties, as well as their desire to strengthen and widen relations in an ambitious and innovative way, the negotiations on the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), were successfully finalised by the initialling of the Agreement on 29 November 2013.

               (3)

               On 10 March 2014 the Commission proposed to the Council that the Agreement should be signed on behalf of the Union and applied in part on a provisional basis in accordance with Article 431 of the Agreement, pending its conclusion at a later date.

               (4)

               The Agreement also covers matters falling under the European Atomic Energy Community competence, namely those listed in point (k) of Article 298 of the Agreement.

               (5)

               The Agreement should therefore be concluded, on behalf of the European Atomic Energy Community, as regards matters falling under the Euratom Treaty.

               (6)

               The signature and conclusion of the Agreement are subject to a separate procedure as regards matters falling under the Treaty on European Union and the Treaty on the Functioning of the European Union.

               (7)

               According to Article 102 of the Euratom Treaty, the Agreement is not to enter into force for the European Atomic Energy Community until the Commission has been notified by the Member States that the Agreement has become applicable in accordance with the provisions of their respective national laws.

               (8)

               The conclusion of the Agreement by the Commission, acting on behalf of the European Atomic Energy Community, should therefore be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, is hereby approved (2).
   Article 2
   This Decision shall enter into force on the day following that of its adoption.

      Done at Luxembourg, 16 June 2014.

            For the Council

            The President

         G. KARASMANIS

      (1)  Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part (OJ L 205, 4.8.1999, p. 3).

      (2)  The text of the Agreement is attached to the Decision on the signing, on behalf of the European Union and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (see page 1 of this Official Journal).