title: Commission Decision (EU) 2017/145 of 25 January 2017 on the maintenance with a restriction in the Official Journal of the European Union of the reference of harmonised standard EN 14904:2006 ‘Surfaces for sport areas — Indoor surfaces for multi-sports use: Specification’ in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council (Text with EEA relevance. )

text:
               27.1.2017

               EN

               Official Journal of the European Union

               L 22/62

         COMMISSION DECISION (EU) 2017/145
   of 25 January 2017
   on the maintenance with a restriction in the Official Journal of the European Union of the reference of harmonised standard EN 14904:2006 ‘Surfaces for sport areas — Indoor surfaces for multi-sports use: Specification’ in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (1), and in particular Article 18(2) thereof,
   Whereas:

               (1)

               Pursuant to Regulation (EU) No 305/2011, harmonised standards foreseen in Article 17 are to fulfil the requirements of the harmonised system set out in or by means of this Regulation.

               (2)

               In March 2006, the European Committee for Standardisation (CEN) adopted the harmonised standard EN 14904:2006 ‘Surfaces for sport areas — Indoor surfaces for multi-sports use: Specification’. The reference of the standard was subsequently published in the Official Journal of the European Union
                   (2).

               (3)

               On 21 August 2015 Germany launched a formal objection in respect of the harmonised standard EN 14904:2006. The formal objection referred to Note 1 of Annex ZA.1 to that standard, concerning the assessment methods and criteria for other dangerous substances than formaldehyde or pentachlorophenol (PCP), and demanded the withdrawal of the reference of the standard from the Official Journal of the European Union or, alternatively, a restriction excluding Note 1 of Annex ZA.1 to that standard from the scope of that reference.

               (4)

               According to Germany, that standard does not contain any harmonised methods for assessing the performance of the construction products in question in relation to the essential characteristic of dangerous substances, when it comes to other dangerous substances than formaldehyde or pentachlorophenol (PCP). In fact, Note 1 of Annex ZA.1 to the standard states that additional requirements relating to dangerous substances, including national laws, may apply to the products falling within the scope of the standard, and that all those must be complied with where applicable. Germany highlighted that the only specific clauses relating to dangerous substances in that standard (Clauses 5.5 and 5.6) concern formaldehyde and pentachlorophenol (PCP).

               (5)

               Germany considered this shortcoming to constitute a violation of Article 17(3) of Regulation (EU) No 305/2011, as the standard at hand did not entirely satisfy the requirements set out in the relevant mandate as foreseen in Article 18.

               (6)

               Moreover, Germany emphasised the importance of an appropriate treatment of releases of such other dangerous substances, in particular volatile organic compounds (VOCs), within the harmonised standards notably for the products in question.

               (7)

               For these reasons, Germany demanded to withdraw the reference of this standard, or alternatively to restrict it by excluding Note 1 of Annex ZA.1 from its scope, so as to permit Member States to put in place national provisions for the assessment of the performance in relation to the essential characteristic at hand, as regards the release of other dangerous substances than formaldehyde or pentachlorophenol (PCP).

               (8)

               When assessing the admissibility of the claims brought forward, it should be stated that if the alternative demand of Germany were to be understood as constituting a separate demand aiming to allow Member States to put in place national provisions setting additional requirements, such a claim would not focus on the contents of EN 14904:2006, and should therefore be considered inadmissible. However, as the wording of the demand clearly is directed to the restriction of the scope of reference to that standard, the linked statements of Germany about the consequences of such a restriction should be regarded only as parts of the argumentation offered within the formal objection and thus not considered separately.

               (9)

               According to Article 17(3) of Regulation (EU) No 305/2011, harmonised standards are to provide the methods and the criteria for assessing the performance of the products covered by them in relation to their essential characteristics. Quite as Germany has asserted, Note 1 of Annex ZA.1 to EN 14904:2006 only presents a reference to national requirements in place. In this respect, EN 14904:2006 does not comply with the requirements set out in Article 17(3) of Regulation (EU) No 305/2011.

               (10)

               Furthermore, the jurisprudence of the Court of Justice (3) indicates that Member States are not entitled to put in place national provisions for the assessment of the performance in relation to any essential characteristics above and beyond what has been contained in the harmonised standards, when it comes to the marketing or the use of the construction products covered by them. The contents of EN 14904:2006 are thus also in conflict with those principles.

               (11)

               Therefore and in view of the fact that Regulations are directly applicable, Note 1 of Annex ZA.1 to EN 14904:2006 should not be applied, independently of the outcome of this formal objection procedure.

               (12)

               Nevertheless, since the jurisprudence of the Court of Justice (4) confirms the exhaustive nature of the harmonised system established in or by means of Regulation (EU) No 305/2011, the invalidity of Note 1 of Annex ZA.1 to EN 14904:2006 does not imply that Member States could adopt national provisions for the assessment of the performance in relation to the essential characteristic of dangerous substances, as regards the release of other dangerous substances than formaldehyde or pentachlorophenol (PCP).

               (13)

               On the basis of the contents of EN 14904:2006 as well as the information submitted by Germany, by the other Member States, by CEN and by industry, and after consulting the committees established by Article 64 of Regulation (EU) No 305/2011 and by Article 22 of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (5), it should be noted that no substantial objections were expressed against the continued publication of the reference of that standard in the Official Journal of the European Union. The exclusion of Note 1 of Annex ZA.1 from the scope of the reference published in the Official Journal of the European Union has been met with concerns based on an interpretation of the jurisprudence of the Court of Justice as allowing the Member States, if they take the view that the safety of a product is insufficiently ensured, to lay down requirements restricting the free circulation of those products. However, the Court of Justice itself has already stated that such an interpretation would put into question the effectiveness [(‘effet utile’)] of the harmonisation in this field (6).

               (14)

               The alleged incompleteness of that standard should thus not be considered a sufficient reason for accepting the first demand of Germany, the complete withdrawal of the reference to the standard EN 14904:2006 from the Official Journal of the European Union. That demand should therefore be rejected.

               (15)

               For the alternative demand of restricting the reference by excluding Note 1 of Annex ZA.1 from its scope, it should firstly be reminded that, as already demonstrated, that clause is not to be applied, independently of the outcome of this formal objection procedure. However, for reasons of clarity, it is necessary to explicitly exclude that invalid clause from the reference.

               (16)

               The reference of EN 14904:2006 should therefore be maintained, but it is necessary to introduce a restriction excluding Note 1 of Annex ZA.1 to that standard from its scope,

         HAS ADOPTED THIS DECISION:
   Article 1
   The reference of harmonised standard EN 14904:2006 ‘Surfaces for sport areas — Indoor surfaces for multi-sports use: Specification’ shall be maintained with a restriction.
   The Commission shall add the following restriction in the list of references of harmonised standards published in the Official Journal of the European Union: ‘Note 1 of Annex ZA.1 to standard EN 14904:2006 is excluded from the scope of the reference published’.
   Article 2
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 25 January 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 88, 4.4.2011, p. 5.

      (2)  Commission Communication in the framework of the implementation of Council Directive 89/106/EEC (OJ C 304, 13.12.2006, p. 1). Most recent publication: Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ C 398, 28.10.2016, p. 7).

      (3)  Cf. in particular the ECJ judgement on case C-100/13 (Commission v Germany), para 55 ff.

      (4)  Cf. the ECJ judgement on case C-100/13 (Commission v Germany), para 62.

      (5)  Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).

      (6)  Cf. the ECJ judgement on case C-100/13 (Commission v Germany), para 60.


title: Decision No F1 of 12 June 2009 concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the Council relating to priority rules in the event of overlapping of family benefits (Text of relevance to the EEA and to the EC/Switzerland Agreement)

text:
               24.4.2010

               EN

               Official Journal of the European Union

               C 106/11

         DECISION No F1
   of 12 June 2009
   concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the Council relating to priority rules in the event of overlapping of family benefits
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 106/04
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),
   Having regard to Article 68 of Regulation (EC) No 883/2004,
   Having regard to Article 1(a) and (b) of Regulation (EC) No 883/2004,
   Whereas:

               (1)

               Where family benefits are payable by more than one Member State, entitlement to family benefits of a Member State where rights are available on the basis of receipt of a pension or on the basis of residence shall be suspended up to the amount of family benefits provided for by a Member State where rights are available on the basis of an activity as an employed or self-employed person. Therefore it is important to know what other periods count as an activity as an employed or self-employed person in order to establish the order of priority in the event of overlapping.

               (2)

               The legislations of certain Member States provide that periods of suspension or interruption of the actual activity as an employed or self-employed person by reason of holidays, unemployment, temporary incapacity for work, strikes or lock-outs, shall be treated either as periods of an activity as an employed or self-employed person for the acquisition of entitlement to family benefits or shall be regarded as periods of inactivity giving rise, where appropriate, either per se or as the result of a preceding activity as an employed or self-employed person, to the payment of family benefits.

               (3)

               Article 1(a) and (b) of Regulation (EC) No 883/2004 provide for definitions of ‘activity as an employed or self-employed person’ by referring to ‘any activity or equivalent situation treated as such for the purposes of the social security legislation of the Member State in which such activity or equivalent situation exists’.

               (4)

               It is essential to know the scope of ‘rights available on the basis of an activity as an employed or self-employed person’ found in Article 68 of Regulation (EC) No 883/2004 in order to avoid any uncertainties or differences in interpretation.

               (5)

               In a case where a worker’s status of active employment was suspended due to this person’s unpaid leave following the birth of a child and for the purpose of bringing up this child, the Court of Justice of the European Communities (3) referred to Article 73 of Council Regulation (EEC) No 1408/71 (4) in conjunction with Article 13(2)(a) of Regulation (EEC) No 1408/71 (5). Such unpaid leave must therefore also be qualified as an activity as an employed or self-employed person for the purposes of Article 68 of Regulation (EC) No 883/2004. In this context the Court reiterated that the above mentioned provisions can only apply for as long as the person concerned has the status of an employed or self-employed person within the meaning of Article 1(a) of Regulation (EEC) No 1408/71 (6) which requires that the person concerned is covered in at least one branch of social security. This excludes persons on unpaid leave who are no longer covered by any social security scheme of the relevant Member State.

               (6)

               There can only be a non-exhaustive list of cases where during a period of leave a person is deemed to be in an activity as an employed or self-employed person, due to the variety of systems for unpaid leave in Member States and ongoing changes in national legislation. Therefore it is not appropriate to define all the cases in which such unpaid leave is equivalent to an activity as an employed or self-employed person and those where the necessary close link to the gainful activity does not exist.
               Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,

         HAS DECIDED AS FOLLOWS:

               1.

               For the purposes of Article 68 of Regulation (EC) No 883/2004, family benefits shall be regarded as ‘available on the basis of an activity as an employed or self-employed person’ in particular:

                           (a)

                           by the actual activity as an employed or self-employed person; and also

                           (b)

                           in the course of any period of temporary suspension of such an activity as an employed or self-employed person

                                       (i)

                                       as a result of sickness, maternity, accident at work, occupational disease or unemployment, as long as wages or benefits, excluding pensions, are payable in respect of these contingencies; or

                                       (ii)

                                       during paid leave, strike or lock-out; or

                                       (iii)

                                       during unpaid leave for the purpose of child-raising, as long as this leave is deemed equivalent to such an activity as an employed or self-employed person in accordance with the relevant legislation.

               2.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.

            The Chair of the Administrative Commission

         Gabriela PIKOROVÁ

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.

      (3)  Judgment of 7 June 2005 in case C-543/03, Dodl and Oberhollenzer v. Tiroler Gebietskrankenkasse.

      (4)  OJ L 149, 5.7.1971, p. 2.

      (5)  Now Articles 67 and 11(3)(a) of Regulation (EC) No 883/2004.

      (6)  Now Article 1(c) of Regulation (EC) No 883/2004.


title: 2007/883/EC: Council Decision of 20 December 2007 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Central Bank of Malta

text:
               29.12.2007

               EN

               Official Journal of the European Union

               L 346/20

      COUNCIL DECISION

   of 20 December 2007
   amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Central Bank of Malta
   (2007/883/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, annexed to the Treaty establishing the European Community, and in particular to Article 27(1) thereof,
   Having regard to Recommendation ECB/2007/17 of the European Central Bank of 29 November 2007 to the Council of the European Union on the external auditors of the Central Bank of Malta (1),
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

               (2)

               Pursuant to Article 1 of Council Decision 2007/504/EC of 10 July 2007 in accordance with Article 122(2) of the Treaty on the adoption by Malta of the single currency on 1 January 2008 (2), Malta now fulfils the necessary conditions for the adoption of the euro and the derogation in favour of Malta referred to in Article 4 of the 2003 Act of Accession should be abrogated with effect from 1 January 2008.

               (3)

               Pursuant to Article 20 of the amended Central Bank of Malta Act, which enters into force on 1 January 2008, the annual financial statements of the Central Bank of Malta are audited in accordance with Article 27 of the ESCB Statute.

               (4)

               Following the abrogation of the derogation for Malta, the Governing Council of the ECB recommended that the Council approve PricewaterhouseCoopers and Ernst & Young as the external auditors of the Bank of Malta for the financial year 2008.

               (5)

               It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (3) accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following paragraph shall be added to Article 1 of Decision 1999/70/EC:

      ‘15.   PricewaterhouseCoopers and Ernst & Young are hereby approved as the joint external auditors of the Central Bank of Malta for the financial year 2008.’

   Article 2
   This Decision shall be communicated to the European Central Bank.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 20 December 2007.

            For the Council

            The President

         F. NUNES CORREIA

      (1)  OJ C 304, 15.12.2007, p. 1.

      (2)  OJ L 186, 18.7.2007, p. 32.

      (3)  OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2007/145/EC (OJ L 64, 2.3.2007, p. 35).


Avis juridique important

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31998D0576

Decision No 576/98/EC of the European Parliament and of the Council of 23 February 1998 amending Decision No 819/95/EC establishing the Community action programme Socrates

Official Journal L 077 , 14/03/1998 P. 0001 - 0002

 DECISION No 576/98/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 February 1998 amending Decision No 819/95/EC establishing the Community action programme Socrates THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 126 and 127 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Having regard to the opinion of the Committee of the Regions (3),Acting in accordance with the procedure laid down in Article 189b of the Treaty (4), in the light of the joint text approved on 14 January 1998,(1) Whereas Decision No 819/95/EC of the European Parliament and of the Council of 14 March 1995 (5) establishes the Community action programme Socrates;(2) Whereas Article 7 of that Decision provides for a financial framework for the implementation of the programme during the period 1 January 1995 to 31 December 1999;(3) Whereas the Joint Statement (6) by the European Parliament, the Council and the Commission concerning the Decision No 819/95/EC provides that, two years after the launching of the programme, the European Parliament and the Council will assess the results achieved by the programme, and that to this end the Commission will submit to them a report accompanied by any proposals which it considers appropriate, including any concerning the funding set by the legislator within the meaning of the Joint Declaration of 6 March 1995 (7), and that the European Parliament and the Council will act on those proposals at the earliest opportunity;(4) Whereas the European Parliament called for an increase in the allocation for the progamme in its Resolution on the Commission White Paper on Education and Training - 'Teaching and learning - towards the learning society` and its Resolution on the Commission Green Paper on 'Education - training - research - the obstacles to transnational mobility`; whereas, in its resolution on the guidelines for the 1998 budgetary procedure, it included encouragement for youth and education programmes among its priorities;(5) Whereas the report submitted by the Commission pursuant to the abovementioned Joint Statement has set out the outstanding results achieved by the programme during the first two years following its adoption;(6) Whereas the programme has been particularly well received in the educational community and whereas there is a need to maintain its forward momentum towards achieving its objectives;(7) Whereas the demand for support is already many times higher than the available resources and is continuing to rise;(8) Whereas the impact of the programme would be affected both if the percentage of projects supported were to be reduced and if the annual average amount of support granted to projects fell below a critical threshold, which would mainly disadvantage those from less favoured backgrounds; whereas there is therefore a need to ensure that a critical mass of funding is maintained;(9) Whereas there is a need to provide continuity of support for projects during the developmental phase, while nonetheless reserving sufficient funds to support new projects and activities, thereby safeguarding the programme's potential for contributing to innovation;(10) Whereas, without prejudice to the procedures to be completed for the participation of Malta, it is envisaged that the associated countries of Central and Eastern Europe and Cyprus should be able to participate in the programme from 1998 onwards; whereas their financial contribution could call for an appropriate contribution by the Community in order to ensure reciprocal mobility in line with the Community's political objective;(11) Whereas there is a need to adjust the financial framework for the programme in order to maintain the programme's capacity to fulfil the objectives set out in the Decision establishing the programme;(12) Whereas additional funding is incorporated within the overall allocation for heading 3 of the financial perspective and within the limits of the appropriations available during the two financial years concerned,HAVE DECIDED AS FOLLOWS:Article 1 Article 7(1) of Decision No 819/95/EC shall be replaced by the following:'1. The financial framework for implementation of this programme for the period referred to in Article 1 shall be ECU 920 million.`Article 2 This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 23 February 1998.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentR. COOK(1) OJ C 113, 11. 4. 1997, p. 14, and OJ C 262, 28. 8. 1997, p. 3.(2) Opinion delivered on 28 May 1997 (OJ 287, 22. 9. 1997, p. 23).(3) Opinion delivered on 18 September 1997 (OJ C 379, 15. 12. 1997, p. 17).(4) Opinion of the European Parliament of 12 June 1997 (OJ 200, 30. 6. 1997, p. 136), Council Common position of 22 September 1997 (OJ C 315, 16. 10. 1997, p. 1) and Decision of the European Parliament of 23 October 1997 (not yet published in the Official Journal). Decision of the European Parliament of 29 January 1998 and Decision of the Council of 12 February 1998.(5) OJ L 87, 20. 4. 1995, p. 10.(6) OJ L 132, 16. 6. 1995, p. 18.(7) Declaration by the European Parliament, the Council and the Commission of 6 March 1995 on the incorporation of financial provisions into legislative acts (OJ C 102, 4. 4. 1996, p. 4).


title: Commission Decision of 19 July 2010 concerning the financing for the year 2010 of activities in the veterinary field related to the European Union's information policy, support of international organisations, disease notification and computerisation of veterinary procedures

text:
               21.7.2010

               EN

               Official Journal of the European Union

               C 199/1

         COMMISSION DECISION
   of 19 July 2010
   concerning the financing for the year 2010 of activities in the veterinary field related to the European Union's information policy, support of international organisations, disease notification and computerisation of veterinary procedures
   2010/C 199/01
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Articles 20, 23, 35(2) and 36(2) thereof,
   Whereas:

               (1)

               In accordance with Article 75 of the Financial Regulation and Article 90(1) of the Implementing Rules, the commitment of expenditure from the budget of the European Union shall be preceded by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution or the authorities to which powers have been delegated by the institution.

               (2)

               In accordance with Article 110 of the Financial Regulation, an annual work programme must be adopted for grants.

               (3)

               It is necessary to lay down a work programme for the activities of the European Union in the veterinary field related to information policy, support of international organisations, disease notification and computerisation of veterinary procedures. As the work programme in the annexes is a sufficiently detailed framework in the meaning of Article 90(2) and (3) of 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 (2) (hereinafter referred to as the ‘Implementing Rules’), the present decision constitutes a financing decision for the expenditure provided for in the work programme for grants and procurement.

               (4)

               Article 19 of Decision 2009/470/EC rules that the Union shall make a financial contribution to the establishment of an information policy in the field of animal health, animal welfare and food safety in products of animal origin including the performance of studies necessary for the preparation and development of legislation in the field of animal welfare.

               (5)

               The Commission has committed itself to submit to the European Parliament and to the Council reports on the various stunning methods for poultry (Article 27(3) of Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (3)), the welfare of animals being transported and on the trade flows of live animals within the enlarged Union (Article 32 of Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (4)) and the influence of genetic parameters on identified deficiencies resulting in poor welfare of chickens (Article 6(1) of Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production (5)).

               (6)

               The Commission has committed itself to improve information of stakeholders and the general public on animal welfare standards with the Community Action Plan on Animal Welfare adopted in 2006 (6).

               (7)

               The Commission has committed itself to present a report to the European Parliament and the Council on cloning for food production by the end of 2010. The report will consider all aspects of cloning for food production in the context of existing legislation and will point out possible options. Data on the current situation of the use of the technology and on the effects on the health and welfare of the animals are needed.

               (8)

               The Union should exploit the ‘World Veterinary Year 2011’ to promote its animal health policy and the importance of the role of the veterinary profession in safeguarding public health, animal health and animal welfare.

               (9)

               Article 19 paragraph (a)(i) of Decision 2009/470/EC provides that the Union shall make a financial contribution to the gathering and storing of all information relating to Union legislation in the field of animal health, animal welfare and food safety in products of animal origin.

               (10)

               A financial contribution is required to make the interactive database of veterinary legislation (Vetlex) established by the Directorate-General for Enlargement for candidate countries, potential candidate countries and countries under the European Neighbourhood Policy initiative available to all Member States.

               (11)

               Pursuant to Article 22 of Decision 2009/470/EC, the Union may undertake, or assist the Member States or international organisations in undertaking, the technical and scientific measures necessary for the development of Union veterinary legislation and for the development of veterinary education or training.

               (12)

               The World Organisation for Animal Health (OIE) is an intergovernmental organisation responsible for improving animal health worldwide. The OIE will organise a global conference on veterinary legislation from 6 to 8 December 2010. The OIE has realised a first study on veterinary legislation, and intends to enlarge the discussion with all its members in the global conference. It is important that the EU approach to veterinary legislation be shared with all member countries of the OIE and that the EU actively supports this Conference in order to promote the Union's animal health policy at the occasion.

               (13)

               Under Article 168(1)(c) of the Implementing Rules, grants may be awarded without a call for proposals in the case of bodies with a de facto monopoly. As standard setting body under the WTO/SPS Agreement, and as the intergovernmental organisation responsible for improving animal health worldwide the OIE has a de facto monopoly in this sector hence a call for proposals is not required in order for the EU to contribute to the organisation of the global conference on veterinary legislation.

               (14)

               Article 35(1) of Decision 2009/470/EC allows for Union financial assistance for the introduction of systems to identify animals and notify diseases.

               (15)

               A Union financial contribution should be granted for the management of and for improving the Animal Disease Notification System (ADNS), based on Commission Decision 2005/176/EC of 1 March 2005 laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC (7).

               (16)

               The Commission has committed itself to improvement of EU preparedness against major threats to animal health including the strengthening of the Union's rapid response network in the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on a new Animal Health Strategy for the EU (2007-2013).

               (17)

               Article 36 of Decision 2009/470/EC provides for Union financial contribution for certain computerised systems used in intra Union trade and imports.

               (18)

               It is necessary to continue to provide financial contributions for hosting, management and maintenance of the integrated computerised veterinary system Traces (Trade Control and Expert System) introduced by Commission Decision 2003/24/EC of 30 December 2002 concerning the development of an integrated computerised veterinary system (8).

               (19)

               This financing decision may also cover the payment of interest due for late payment on the basis of Articles 83 of the Financial Regulation and 106(5) of the Implementing Rules.

               (20)

               For the application of this decision, it is appropriate to define the term ‘substantial change’ within the meaning of Article 90(4) of the Implementing Rules.

               (21)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The annual work programme for the implementation of Articles 20, 23, 35(2) and 36(2) of Decision 2009/470/EC, as set out in Annex I and II, is hereby adopted.
   The work programme constitutes a financing decision in the meaning of Article 75 of the Financial Regulation.
   Article 2
   The maximum contribution authorised by this Decision for the implementation of the Programme is set at EUR 4 935 000 to be financed from the following lines of the General Budget of the European Union for 2010:

               —

               budget line 17 04 02 01: EUR 4 935 000

         These appropriations may also cover interest due for late payment.
   Article 3
   1.   The authorising officer may adopt any changes to this Decision which are not considered substantial within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002, in accordance with the principles of sound financial management and of proportionality.
   2.   Cumulated changes of the allocations to the actions covered by the work programme not exceeding 10 % of the maximum contribution provided for in Article 2 of this Decision shall not be considered to be substantial within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002, provided that they do not significantly affect the nature and objective of the work programme.

      Done at Brussels, 19 July 2010.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  OJ L 155, 18.6.2009, p. 30.

      (2)  OJ L 357, 31.12.2002, p. 1.

      (3)  OJ L 303, 18.11.2009, p. 1.

      (4)  OJ L 3, 5.1.2005, p. 1.

      (5)  OJ L 182, 12.7.2007, p. 19.

      (6)  COM(2006) 13 final.

      (7)  OJ L 59, 5.3.2005, p. 40.

      (8)  OJ L 8, 14.1.2003, p. 44.

      ANNEX I

         Council Decision 2009/470/EC on expenditure in the veterinary field, and in particular Articles 20, 23, 35(2) and 36(2) thereof — Work Programme for 2010

      1.1.   Introduction

      This programme contains eight implementing measures for the year 2010. On the basis of the objectives given in the Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field, the distribution of budget and the main actions are the following:

                  —

                  for grants (implemented in direct centralised management) (1.2):

                              —

                              A Union financial contribution, for the organisation of the Global Conference on Veterinary Legislation, organised by the OIE from 6 to 8 December 2010, of EUR 200 000 constituting a Union co-financing of at maximum 80 % of the total eligible costs.

                  —

                  for procurement (implemented in direct centralised management) (1.3):

                              —

                              Use of framework contract for the development of tools to promote animal health issues and the Animal Health Strategy principles in the framework of the communication campaign for the ‘World Veterinary Year 2011’ up to a maximum of EUR 1 100 000.

                              —

                              Implementation of a cross-subdelegation by DG Health and Consumers to DG Enlargement with a written agreement between the two DGs in accordance with Article 7 of the Internal Rules, on a contribution to enable access to the Vetlex database for administrators in Member States up to a maximum of EUR 75 000.

                              —

                              Use of framework contract for a study to collect available information on the effects of cloning on the health and welfare of farm animals up to a maximum of EUR 50 000.

                              —

                              Use of framework contracts to host, maintain and develop the integrated computerised veterinary system TRACES (Trade Control and Expert System) up to a maximum of EUR 2 210 000.

                              —

                              Use of framework contract for studies, publications and the dissemination of information to support the strategy on animal welfare up to a maximum of EUR 600 000.

                              —

                              Use of framework contract for a study to evaluate the EU preparedness against major threats to animal health and the strengthening of the rapid response network of the Union on that area up to a maximum of EUR 200 000.

                              —

                              Use of framework contract to update the Animal Disease Notification System (ADNS) with the necessary technical improvements up to a maximum of EUR 500 000.

            1.2.   Grants

      1.2.1.   Union financial contribution, for the financing of the Global Conference on Veterinary Legislation, organised by the OIE from 6-8 December 2010

      Grants shall be covered by a written agreement.
      LEGAL BASIS
      Article 23 of Council Decision 2009/470/EC
      BUDGETARY LINE
      17 04 02 01
      OBJECTIVES TO BE FULFILLED AND FORESEEN RESULTS
      The OIE will organise a Global Conference on Veterinary Legislation from 6-8 December 2010.
      Whereas the World Organisation for Animal Health (OIE) has realised a first study on veterinary legislation, and intends to enlarge the discussion with all its Members in the Global Conference, it is important that the EU approach to veterinary legislation be shared with all member countries of the OIE and that the EU actively supports this Conference.
      DESCRIPTION AND OBJECTIVES OF THE IMPLEMENTING MEASURE
      A Union financial contribution, for the financing of the Global Conference on Veterinary Legislation.
      IMPLEMENTATION
      Direct centralised.
      DIRECT AWARD: ART. 168.1.C
      INDICATIVE AMOUNT OF THE GRANT
      EUR 200 000
      MAXIMUM POSSIBLE RATE OF CO-FINANCING
      At maximum 80 % of the total eligible costs related to the organisation of the Global Conference.
      1.3.   Procurement

      The global budgetary envelope reserved in 2010 for the procurement contracts amounts to EUR 4 735 000.
      1.3.1.   Communication campaign to promote ‘World Veterinary Year 2011’

      LEGAL BASIS
      Article 20 of Council Decision 2009/470/EC
      BUDGETARY LINE
      17 04 02 01
      INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
      A maximum of four service contracts
      SUBJECT OF THE CONTRACTS ENVISAGED
      To develop the communication campaign for the ‘World Veterinary Year 2011’ in order to promote the Union's Animal Health policy during that year including different communication actions and tools. See Annex II for details.
      IMPLEMENTATION
      Direct Centralised
      INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
      —
      SPECIFIC CONTRACT
      Conclusion of at least four specific service contracts (during the second quarter of 2010) under framework contract reference XXX (reference number will be inserted before adoption).
      1.3.2.   Availability of Vetlex to the administrations of all Member States

      LEGAL BASIS
      Article 20 of Council Decision 2009/470/EC
      BUDGETARY LINE
      17 04 02 01
      INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
      Implemented by a cross-subdelegation by DG Health and Consumers to DG Enlargement with a written agreement between the two DGs in accordance with Article 7 of the Internal Rules
      SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)
      The Vetlex database is an existing interactive database of all veterinary legislation that is at the moment accessible to Candidate Countries, potential Candidate Countries and countries under the European Neighbourhood Policy initiative. It is kept up to date within 24 hours of new legislation being published and contains the consolidated versions of the concerned legislation. It is managed by an outside company via a contract that they have with DG Enlargement.
      The funds to pay for this come for the moment from the budget of DG Enlargement and therefore access to the Vetlex database can not be made available to Member States.
      The contribution foreseen will enable Vetlex to be made more widely available to administrators in Member States.
      IMPLEMENTATION
      —
      INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
      Following adoption of this Decision
      INDICATIVE AMOUNT OF THE CALL FOR TENDERS
      EUR 75 000
      SPECIFIC CONTRACT
      Written agreement between DG SANCO and DG ELARG
      1.3.3.   A study on the effects of cloning on the health and welfare of farm animals

      LEGAL BASIS
      Article 23 of Council Decision 2009/470/EC
      BUDGETARY LINE
      17 04 02 01
      INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
      One service contract (use of existing framework contracts)
      SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)
      Data will be gathered on the adverse effects of this technology in cloned animals and their surrogate mothers. A comparison with other technologies will be made as well as an analysis on the potential for improvement of the technique.
      The impact of cloning on biodiversity, breeding programs and biosecurity will also be subject of the study.
      IMPLEMENTATION
      Direct centralised
      INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
      First half of 2010
      INDICATIVE AMOUNT OF THE CALL FOR TENDERS
      EUR 50 000
      SPECIFIC CONTRACT
      Conclusion of one specific service contract (during the second quarter of 2010) under framework contract reference XXX (reference number will be inserted before adoption).
      1.3.4.   The hosting, management, maintenance and further development of the integrated computerised veterinary system TRACES (Trade Control and Expert System)

      LEGAL BASIS
      Article 36(2) of Council Decision 2009/470/EC
      BUDGETARY LINE
      17 04 02 01
      INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
      Several service contracts (use of existing framework contracts)
      SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)

                  —

                  EUR 1 935 000 for the hosting, management and maintenance of the integrated computerised veterinary system TRACES (Trade Control and Expert System), logistical support to assist TRACES users, contribution to central services, communication, website, security and the purchase (maintenance and support) of software licences.

                  —

                  EUR 150 000 to develop and implement an informatic platform for the exchange of information between national bovine databases, combined with the certification via TRACES.

                  —

                  EUR 125 000 for a study to analyse the technical requirements for the implementation of electronic certification within TRACES and to analyse the existing solution regarding electronic signatures in the Member States.

            IMPLEMENTATION
      Direct centralised
      INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
      —
      INDICATIVE AMOUNT OF THE CALL FOR TENDERS
      EUR 2 210 000 (part of EUR 140 M ESP DESIS I & II (IT development services by DIGIT))
      SPECIFIC CONTRACT
      Conclusion of several specific service contracts (during the third quarter of 2010) under framework contract references DIGIT 05650, 05710, 05711, 05716, 06210, 06350.
      Conclusion of a call for expression of interest under code 4-12 published under the reference 2005/S 208-204587 (during the third quarter of 2010)
      1.3.5.   Studies, publications and the dissemination of information to support the strategy on animal welfare

      LEGAL BASIS
      Article 20 of Decision 2009/470/EC
      BUDGETARY LINE
      17 04 02 01
      INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
      A maximum of seven service contracts (use of existing framework contracts).
      SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)

                  —

                  A study on the impacts of the possible measures for an EU strategy on animal welfare.

                  —

                  A study to evaluate the socio-economic and environmental impacts of phasing out certain methods of stunning poultry such as the electrical multiple waterbath stunning.

                  —

                  A report on the impact of Regulation (EC) No 1/2005 on the welfare of animals, taking into account the implementation of the requirements on navigation systems, as well as the socio-economic implications, including regional aspects.

                  —

                  Organisation of an International Conference on animal welfare education, with the aim to further inform citizens about animal welfare and to raise awareness on the importance of educating people about how animals should be treated.

                  —

                  A study to evaluate the socio-economic and environmental impacts of possible measures to minimise welfare problems in commercial broilers related to genetic selection as well as to minimise welfare problems emanating from the way grand-parents and parent stocks are raised and kept.

            IMPLEMENTATION
      Direct centralised
      INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
      —
      INDICATIVE AMOUNT OF THE CALL FOR TENDERS
      EUR 600 000
      SPECIFIC CONTRACT
      Conclusion of a maximum of seven specific service contracts (during the first half of 2010) under framework contract evaluation, impact assessment and related services, lot 3, Food Chain, contract number No SANCO/2008/01/055. Except in the case of the organisation of the International Conference on animal welfare education where specific service contracts or service level agreements will be concluded.
      1.3.6.   Evaluation of the EU rapid response network, crisis management and communication capacity regarding certain transmissible animal diseases

      LEGAL BASIS
      Article 23 of Council Decision 2009/470/EC
      BUDGETARY LINE
      17 04 02 01
      INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
      One service contract (use of existing framework contracts)
      SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)
      A study on the evaluation of the EU rapid response network, crisis management and communication capacity regarding certain transmissible animal diseases
      IMPLEMENTATION
      Direct centralised
      INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
      First half of 2010
      INDICATIVE AMOUNT OF THE CALL FOR TENDERS
      EUR 200 000
      SPECIFIC CONTRACT
      DG SANCO Evaluation Framework Contract 2009-2013 Lot 3 (Food Chain), contract number is SANCO/2008/01/055
      1.3.7.   Animal Disease Notification System (ADNS)

      LEGAL BASIS
      Article 35(2) of Council Decision 2009/470/EC
      BUDGETARY LINE
      17 04 02 01
      INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
      A maximum of three service contracts (use of existing framework contracts)
      SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)
      The objective of this procurement contract is:

                  —

                  EUR 150 000 for ongoing work on the ADNS system.

                  —

                  EUR 150 000 to prepare ADNS for the use of webservices for incoming and outgoing messages and to make ADNS compatible with the OIE notification system.

                  —

                  EUR 50 000 for mapping: add web-mapper to ADNS and put web-mapper on SANCO internet pages.

                  —

                  EUR 50 000 for mapping: improve output via ArcMAP.

                  —

                  EUR 100 000 for licenses and support.

            IMPLEMENTATION
      Direct centralised
      INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
      Already executed by DIGIT
      INDICATIVE AMOUNT OF THE CALL FOR TENDERS
      EUR 500 000
      SPECIFIC CONTRACT
      Conclusion of a maximum of three specific service contracts (during 2010) under framework contract reference DI 5710-5750

      ANNEX II

         Programming document detailing joint communication actions as referred to in the Memorandum of Understanding between the European Commission and the World Organisation for Animal Health (OIE) concerning common Communication actions for 2011
          (1)

      1.   Production of video clips

      Six (6) video clips on animal health issues relating to for example, the day-to-day work of veterinarians with large animals on farms, trade in live animals and animal products, food safety, animal welfare, the control of zoonoses, crisis management, and food security will be produced by a contractor identified by the Commission.
      The Commission will finance the production and the dissemination of the video clips through targeted websites such as EU Tube, and also possibly through TV channels in the EU Member States.
      In return, the OIE will ensure the free supply of a large duration of relevant raw footage to be used by the contractor nominated by the Commission, exclusively for the production of the six video clips. The OIE may eventually disseminate the video clips in any other OIE Member Countries through OIE channels.
      It is agreed that each editing phase of the spots will be supervised by both partners.
      The Commission will own the copyright of the final versions of the video clips, but will seek approval from the OIE concerning the further duplication, modification and reuse modalities of parts or the total of the material produced by the contractor.
      The OIE will be authorised by the Commission to use the video clips freely, but will have to provide information concerning the dissemination of the video clips to the Commission.
      2.   EU Veterinary Week 2011 and design of banners

      A visual identity for the EU Veterinary Week 2011, which will incorporate elements of the World Veterinary Year Campaign 2011 (Vet2011) is to be developed for use on a number of related communication tools.
      It is agreed that this visual identity will integrate or adapt elements of the current design of the existing Vet2011 design. Any substantial modification to the existing logo Vet2011 should be submitted for approval both to the Director-General of the OIE, Dr Bernard Vallat, and to the President of the Vet2011 Animation and Coordination Committee, Prof. Jean-François Chary.
      In the framework of Vet2011, the Commission intends to use the visual identity developed to create banners, including both the EU and the OIE logos. One of these banners is to be displayed on the Berlaymont building during the week 17 to 24 January 2011. In addition, the same banner in a smaller format will be developed and produced by the Commission for display at OIE Headquarters, thus marking the beginning of the World Veterinary Year. The OIE will ensure that the smaller banner is hung and dismounted at the chosen location. Except for the Berlaymont site, the Commission will not cover the costs linked to their hanging and dismounting. The display of these banners at several locations will increase the visibility of the work of the Commission and of the OIE.
      3.   Web-based photographic competition

      In the framework of the World Veterinary Year Campaign 2011, the development of a web-based photographic competition is planned. This website should allow the general public from the EU and worldwide to take part in a photographic competition by uploading their photos on the server as well as their contact details. It is envisaged that the photographic competition will include different categories, both concerning the participants and the themes for the photographs. The design of the website should take this into account and should incorporate the visual identity produced for the campaign and the logos of the EU and the OIE.
      The project will be financed by the Commission and it is planned that the shortlisted photographs will be announced during the EU Veterinary Week 2011 planned for 16 to 22 May 2011. In return, the OIE will promote the competition and ensure it plays an active role in the selection of the winning photographs and their publication on external stands, in particular at the location of the 79th General Session in Paris as well as at the OIE Headquarters in Paris.
      4.   Stands at Grüne Woche (Berlin)/Salon de l’Agriculture (Paris)

      The Commission and the OIE agree that Vet2011 should be celebrated as a momentum at the two biggest European animals and food trade fairs in Germany and France respectively in January and February 2011.
      It is agreed that the Commission will finance the production of the stand's structures and relevant printed communication material, as well as giveaways. In return, the OIE agrees to negotiate with the relevant authorities the free rental of the stands/locations at the fairs. It is agreed that representatives from both the Commission and the OIE will be present on the joint stand during the fairs.

         (1)  C(2010) 3526.


title: 2004/744/EC:Council Decision of 12 July 2004 appointing a Spanish alternate member of the Committee of the Regions

text:
               30.10.2004

               EN

               Official Journal of the European Union

               L 328/99

      COUNCIL DECISION

   of 12 July 2004
   appointing a Spanish alternate member of the Committee of the Regions
   (2004/744/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Spanish Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January 2006 (1).

               (2)

               A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Joaquin RIVAS RUBIALES, notified to the Council on 24 June 2004,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Mr D. Pedro MOYA MILANES, Secretario General de Acción Exterior, Consejería de Presidencia, Gobierno de la Comunidad Autónoma de Andalucía, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Joaquin RIVAS RUBIALES for the remainder of his term of office, which runs until 25 January 2006.

      Done at Brussels, 12 July 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ L 24, 26.1.2002, p. 38.


Avis juridique important

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32001D0033

2001/33/EC: Council Decision of 19 December 2000 on the signing of an Agreement in the form of an Exchange of Letters between the European Community and Ukraine concerning the extension and amendment of the Agreement between the European Economic Community and Ukraine on trade in textile products initialled on 5 May 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 15 October 1999 and authorising its provisional application

Official Journal L 016 , 18/01/2001 P. 0001 - 0002

Council Decisionof 19 December 2000on the signing of an Agreement in the form of an Exchange of Letters between the European Community and Ukraine concerning the extension and amendment of the Agreement between the European Economic Community and Ukraine on trade in textile products initialled on 5 May 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 15 October 1999 and authorising its provisional application(2001/33/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has negotiated on behalf of the Community a bilateral Agreement in the form of an Exchange of Letters to extend and amend the existing Agreement between the European Economic Community and Ukraine on trade in textile products(1) and Protocols thereto.(2) The Agreement in the form of an Exchange of Letters was initialled on 2 October 2000.(3) The Agreement in the form of an Exchange of Letters should be signed on behalf of the Community.(4) This Agreement in the form of an Exchange of Letters should - considering the provisions on increases of quotas in 2000 - be applied on a provisional basis as soon as possible before the end of 2000, pending completion of the relevant procedures for its formal conclusion, subject to reciprocity,HAS DECIDED AS FOLLOWS:Article 1The signature of the Agreement in the form of an Exchange of Letters between the European Community and Ukraine concerning the extension and amendment of the Agreement between the European Economic Community and Ukraine on trade in textile products initialled on 5 May 1993, as last amended by the Agreement in the form of an Exchange of Letters initialled on 15 October 1999, is hereby approved on behalf of the European Community, subject to the Council Decision concerning the conclusion of the said Agreement.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters on behalf of the Community, subject to its conclusion.Article 3The Agreement in the form of an Exchange of Letters shall be applied on a provisional basis from 1 November 2000 pending its formal conclusion and subject to reciprocal provisional application of the Exchange of Letters by Ukraine.Article 41. The Commission, in accordance with the procedure referred to in Article 17 of Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries(2), may suspend the application of the double-checking regime to certain products, after consultations with Ukraine under Article 2(1), last subparagraph of the Agreement on trade in textile products, as amended by point 3.4 of this Agreement in the form of an Exchange of Letters.2. The Commission shall, in accordance with the procedure referred to in Article 17 of Regulation (EEC) No 3030/93, adopt the measures provided for in point 6 of this Agreement in the form of an Exchange of Letters, consisting of reinstating the quota-regime applicable during the year 2000 in case of non-application by Ukraine of the tariff rates described in paragraph 4 of this Agreement in the form of an Exchange of Letters.Done at Brussels, 19 december 2000.For the CouncilThe PresidentJ. Glavany(1) OJ L 123, 17.5.1994, p. 718.(2) OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 1987/2000 (OJ L 237, 21.9.2000, p. 24).


title: 2012/180/EU: Decision of the European Central Bank of 21 March 2012 amending Decision ECB/2011/25 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral (ECB/2012/4)

text:
               29.3.2012

               EN

               Official Journal of the European Union

               L 91/27

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 21 March 2012
   amending Decision ECB/2011/25 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral
   (ECB/2012/4)
   (2012/180/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular the first indent of Article 3.1 and Article 18.2 thereof,
   Whereas:

               (1)

               Pursuant to Article 18.1 of the Statute of the ESCB, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro (hereinafter the ‘NCBs’) may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral. The criteria determining the eligibility of collateral for the purposes of Eurosystem monetary policy operations are laid down in Annex I to Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (1) (hereinafter the ‘General Documentation’).

               (2)

               NCBs should not be obliged to accept as collateral in Eurosystem credit operations eligible bank bonds guaranteed by a Member State under a European Union/International Monetary Fund programme or by a Member State whose credit assessment does not meet the Eurosystem’s benchmark for establishing its minimum requirement for high credit standards.

               (3)

               Such a measure may be applied temporarily. This measure should therefore be introduced by amending Decision ECB/2011/25 of 14 December 2011 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral (2),

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendment
   The following Article 4a is inserted in Decision ECB/2011/25:

      ‘Article 4a
      Acceptance of certain government-guaranteed bank bonds
      1.   NCBs shall not be obliged to accept as collateral for Eurosystem credit operations eligible bank bonds guaranteed by a Member State under a European Union/International Monetary Fund programme, or by a Member State whose credit assessment does not comply with the Eurosystem’s benchmark for establishing its minimum requirement for high credit standards for issuers and guarantors of marketable assets in accordance with Sections 6.3.1 and 6.3.2 of the General Documentation.
      2.   NCBs shall inform the Governing Council whenever they decide not to accept the securities described in paragraph 1 as collateral.’

   Article 2
   Entry into force
   This Decision shall enter into force on 23 March 2012.

      Done at Frankfurt am Main, 21 March 2012.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 331, 14.12.2011, p. 1.

      (2)  OJ L 341, 22.12.2011, p. 65.


title: Decision (EU) 2017/1728 of the European Parliament of 27 April 2017 on the closure of the accounts of the European GNSS Agency for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/335

         DECISION (EU) 2017/1728 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the European GNSS Agency for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European GNSS Agency for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European GNSS Agency for the financial year 2015, together with the Agency's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0066/2017),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to 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 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European Parliament and of the Council (4), and in particular Article 14 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0148/2017),

               1.

               Approves the closure of the accounts of the European GNSS Agency for the financial year 2015;

               2.

               Instructs its President to forward this decision to the Executive Director of the European GNSS Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 214.

      (2)  See footnote 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 276, 20.10.2010, p. 11.

      (5)  OJ L 328, 7.12.2013, p. 42.


Avis juridique important

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31986D0086

86/86/EEC: Commission Decision of 18 March 1986 terminating the anti-dumping proceeding concerning imports of stainless steel household cooking ware originating in South Korea

Official Journal L 074 , 19/03/1986 P. 0033 - 0035

*****COMMISSION  DECISION  of 18 March 1986  terminating the anti-dumping proceeding concerning imports of stainless steel household cooking ware originating in South Korea  (86/86/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,  After consultation within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Procedure  1. In February 1985 the Commission received a complaint made on behalf of Community producers of stainless steel household cooking ware representing a major proportion of Community production of the product in question.  The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of casseroles, saucepans, frying pans with or without cover, of stainless steel, falling within Common Customs Tariff subheading ex 73.38 B II, corresponding to NIMEXE code ex 73.38-47, originating in South Korea, and commenced an investigation.  2. The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting country and the complainants, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  3. The Commission, for the purpose of obtaining all the information it deemed necessary, sent questionnaires to 14 firms, on whose behalf the complaint was made, in order to allow each firm to demonstrate the injury caused to it, thereby substantiating the allegations made in the complaint, to three South Korean exporters and to 16 importers of the products into the Community.  4. One South Korean exporter and three importers replied to the Commission's questionnaire. In addition, complete replies were received from only seven Community producers, none of them from the producers in Germany, the market in which South Korean imports were concentrated.  5. It should be noted that four of the producers who cooperated declared that they did not regard themselves as having been injured by the imports in question. Despite subsequent requests from the Commission to the complainant, no furhter replies were received from the remaining producers. The Commission carried out a detailed analysis of those firms whose replies were received. None of the producers or importers requested to be heard by the Commission. The South Korean exporter requested and was granted a hearing.  No submissions were made by or on behalf of Community purchasers of the products in question.  6. The Commission verified the information received in so far as it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following:  (a) EEC producers  - Werkhuizen Demeyere NV, Deurne/  Antwerpen, Belgium,  - Berk Beccon BV, Kampen, Netherlands,  - L. Lagostina, Omegna (Novara), Italy,  - Cuisinox SA, Aigueperse, France,  - Sitram inox, Saint-Benoit-du-Sault, France,  - The Prestige Group plc, London, United Kingdom.  (b) EEC importer  Reppel NV, Bocholt, Belgium  (c) South Korean Producer/Exporter  Namil Metal Co., Seoul, South Korea  The complainant and the exporter concerned requested and received all information available to the Commission to the extent that such information was relevant to their interest, had been used by the Commission during the investigation and had a decisive influence on its findings.  The information disclosed was not confidential within the meaning of Article 8 of Regulation (EEC) No 2176/84.  The investigation of dumping covered the period from 1 April 1984 to 31 March 1985.  B. Normal value  7. In seeking to determine the normal value for Namil Metal Co., the South Korean exporter who cooperated, the Commission had to take account of the fact that there were no sales of the like product on the domestic market. The Commission determined, therefore, that the normal value for this company should be established on the basis of its constructed value.  8. The constructed value was determined by adding cost of production and a reasonable margin of profit. The cost of production was computed on the basis of all costs, in the ordinary course of trade, both fixed and variable, in the country of origin, of materials and manufacture, plus an amount for selling, administrative and other general expenses. A profit margin of 3 %, considered to be reasonable, was added to these costs in the light of the exporting country industry's performance during a representative profitable period. This determination was not contested by the exporter.  C. Export price  9. With regard to exports by the South Korean exporter to independent importers in the Community, export prices were determined on the basis of the prices actually paid or payable for the product sold for export to the Community. No sales were made to subsidiary companies in the Community.  D. Comparison  10. In comparing normal value with export prices the Commission granted allowances for commissions, transport and insurance where claims in these areas could be satisfacotrily demonstrated. All comparisons were made at ex-works level.  E. Margins  11. The above preliminary examination of the facts shows the existence of dumping in respect of stainless steel household cooking ware produced and exported by Namil Metal Co., of South Korea, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community. Normal value (constructed value) was set against export dumping prices on a transaction by transaction basis, the weighted average margin being 16,85 %.  F. Injury  12. With regard to the injury caused by the dumped imports, the evidence available to the Commission shows that imports into the Community from mSouth Korea of stainless steel household cooking ware increased from 456 tonnes in 1981 to 5 490 tonnes in 1983, fell slightly in 1984 to 5 419 tonnes and to 1 481 tonnes during the first quarter of 1985. However, between 1981 and the first quarter 1985, with the exception of the Federal Republic of Germany, where there was a steady increase of the imports in question each year, in all other Community countries there is a steady decrease. Thus, imports in the remaining Community countries fell from 3 345 tonnes in 1983 to 2 724 tonnes in 1984 and to 304 tonnes during the first quarter 1985.  On the other hand, in the Federal Republic of Germany, the Member State from which no producer replied to the Commission's questionnaire, imports increased from 2 145 tonnes in 1983 to 2 695 tonnes in 1984 and to 1 177 tonnes during the first quarter of 1985, but none of the other Community producers claimed that its sales on the German market were affected by the South Korean imports. The market share in the Community held by South Korean imports increased from 1,1 %, in 1981 to 12,9 % in 1983 but fell to 12,2 % in 1984. 13. The information received from the Community producers who cooperated in the investigation shows that their production increased from 6 549 tonnes in 1981 to 6 914 tonnes in 1983, fell to 5 923 tonnes in 1984 and increased to 1 748 tonnes during the first quarter of 1985. Capacity utilization decreased from 89 % in 1981 to 74 % in 1984 and in the first quarter 1985 mainly due to additional capacity built by certain of the Community producers.  14. Sales of the Community producers in the Community increased from 5 494 tonnes in 1981 to 5 734 tonnes in 1983 but fell to 4 585 tonnes in 1984 and to 1 299 tonnes during the first quarter 1985, with a consequent decrease in market share from 12,4 % in 1981 to 9,4 % in 1984. Exports to third countries increased from 1 226 tonnes in 1981 to 1 590 tonnes in 1984 and to 494 tonnes during the first quarter of 1985.  15. Although, in general, the development of prices throughout the Community prior to and during the reference period shows relatively small increases, the Commission considers that, in general, the available evidence on quantities imported from both the country concerned and other countries, the pricing of those imports and the pricing of the products of Community producers show that the fact that prices did not increase more rapidly cannot be conclusively attributed to the imports in question. The Commission did, however, find isolated regional instances of price depression which could be attributed to certain of the imports in question but the injurious effect of these imports on prices was restricted both in time and to the immediate areas of the port of entry and, taking account of the quantities concerned, could not be considered material on a Community basis.  In addition, in their sales of stainless steel household cooking ware during the reference period, all of the Community producers who cooperated with the Commission achieved profitability, in some cases at a level which could be considered relatively high in the light of the general economic situation.  16. Despite repeated requests, a substantial number of firms, on whose behalf the complaint was made, and among them all the firms from the Federal Republic of Germany, the market in which the South Korean imports were concentrated, failed to cooperate by providing the necessary data on injury, thereby significantly impeding the investigation. The Commission concluded from this attitude that it was unlikely that any injury which these firms might have sustained was material. The Community producers who cooperated in the investigation represent 16 % of Community production. Four of these Community producers who cooperated declared that they did not regard themselves as having been injured by the imports in question. The Commission therefore considers that the injury which may have been sustained by the remaining producers who cooperated during the reference period and which could be conclusively attributed to the imports in question, cannot be qualified as material.  17. In view of the above findings with respect to injury, it is considered appropriate that the proceeding be terminated without the imposition of protective measures.  18. The complainant was informed of the essential facts and considerations on the basis of which it was intended to recommend the termination of the proceeding without any protective measures being taken, and did not object.  No objection to this course was raised in the Advisory Committee.  HAS ADOPTED THIS DECISION:  Sole Article  The anti-dumping proceeding concerning imports of stainless steel household cooking ware originating in South Korea is hereby terminated.  Done at Brussels, 18 March 1986.  For the Commission  Willy De CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No C 126, 23. 5. 1985, p. 23.


Avis juridique important

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31983D0332

83/332/EEC, Euratom: Council Decision of 28 June 1983 amending Decision 82/402/EEC adopting a research and development programme (1982 to 1985) in the raw materials sector

Official Journal L 181 , 06/07/1983 P. 0024

*****COUNCIL  DECISION  of 28 June 1983  amending Decision 82/402/EEC adopting a research and development programme (1982 to 1985) in the raw materials sector  (83/332/EEC, Euratom)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas, by Decision 82/402/EEC (2), the Council adopted, for a period of four years with effect from 1 January 1982, a research and development programme in the raw materials sector;  Whereas, by Decision 78/264/Euratom (3), as amended by Decision 81/364/Euratom (4), the Council adopted, for a period of five years with effect from 1 January 1978, a programme of research and development for the Euratom Atomic Energy Community on uranium exploration and extraction; whereas, in order to carry out research projects in this field after the date of completion of this programme, these research projects should be incorporated in the programme for the raw materials sector and in particular in the sub-programme on 'Metals and mineral substances, including clay-based materials for the ceramics industry';  Whereas the Scientific and Technical Research Committee (Crest) has given its opinion on the Commission proposal,  HAS DECIDED AS FOLLOWS:  Sole Article  Decision 82/402/EEC is hereby amended as follows:  1. The following is inserted as the second citation:  'Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 thereof,'.  2. Article 2 (1) is replaced by the following text:  '1. The funds estimated as necessary for the execution of the programme should be 54 million ECU, including expenditure on a staff of 19.  The indicative distribution of this amount by sub-programme is shown in Section A of the Annex.'  3. Part A (I) (1) of the Annex is amended as follows with effect from 1 January 1983:  (a) Point 1.3 is replaced by the following:  '1.3. Geophysical methods, including radiometry;  (b) The following point is added:  '1.7. Measuring techniques relating to uranium and its decay products'.  4. Part B (I) of the Annex is deleted.  Done at Luxembourg, 28 June 1983.  For the Council  The President  H. RIESENHUBER  (1) OJ No C 161, 20. 6. 1983, p. 178.  (2) OJ No L 174, 21. 6. 1982, p. 23.  (3) OJ No L 72, 14. 3. 1978, p. 12.  (4) OJ No L 137, 23. 5. 1981, p. 44.


title: Council Decision (CFSP) 2017/1775 of 28 September 2017 concerning restrictive measures in view of the situation in Mali

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 251/23

         COUNCIL DECISION (CFSP) 2017/1775
   of 28 September 2017
   concerning restrictive measures in view of the situation in Mali
   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 5 September 2017, the United Nations Security Council (the ‘Security Council’) adopted Resolution 2374 (2017), recalling its Resolutions 2364 (2017) and 2359 (2017) and reaffirming the Security Council's strong commitment to the sovereignty, unity and territorial integrity of Mali.

               (2)

               United Nations Security Council Resolution (UNSCR) 2374 (2017) requires that travel restrictions be applied to persons to be designated by the Committee established by paragraph 9 of UNSCR 2374 (2017) (‘the Sanctions Committee’) and that funds and assets of persons or entities to be designated by the Sanctions Committee be frozen.

               (3)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons designated by the Sanctions Committee as responsible for or complicit in, or having engaged in, directly or indirectly, the following actions or policies that threaten the peace, security, or stability of Mali:

               (a)

               engaging in hostilities in violation of the Agreement on Peace and Reconciliation in Mali (the ‘Agreement’);

               (b)

               actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement;

               (c)

               acting for or on behalf of or at the direction of, or otherwise supporting or financing individuals and entities identified in points (a) and (b), including through the proceeds from organised crime, including the production and trafficking of narcotic drugs and their precursors originating in or transiting through Mali, the trafficking in persons and the smuggling of migrants, the smuggling and trafficking of arms as well as the trafficking in cultural property;

               (d)

               involvement in planning, directing, sponsoring, or conducting attacks against:

                           (i)

                           the various entities referenced in the Agreement, including local, regional and state institutions, joint patrols and the Malian Security and Defence forces;

                           (ii)

                           United Nations Multidimensional Integrated Stabilization Mission (MINUSMA) peacekeepers and other UN and associated personnel, including members of the Panel of Experts;

                           (iii)

                           international security presences, including the Force Conjointe des États du G5 Sahel (FC-G5S), European Union Missions and French forces;

               (e)

               obstructing the delivery of humanitarian assistance to Mali, or access to, or distribution of, humanitarian assistance in Mali;

               (f)

               planning, directing, or committing acts in Mali that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving the targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge;

               (g)

               the use or recruitment of children by armed groups or armed forces in violation of applicable international law, in the context of the armed conflict in Mali;

               (h)

               knowingly facilitating the travel of a listed person in violation of the travel restrictions.

         The designated persons referred to in this paragraph are listed in the Annex.
   2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
   3.   Paragraph 1 shall not apply where entry or transit is necessary for the fulfilment of a judicial process.
   4.   Paragraph 1 shall not apply where the Sanctions Committee determines, on a case-by-case basis, that:

               (a)

               entry or transit is justified on the grounds of humanitarian need, including religious obligation;

               (b)

               an exemption would further the objectives of peace and national reconciliation in Mali and stability in the region.

         5.   In cases where, pursuant to paragraph 3 or 4, 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 by the authorisation.
   Article 2
   1.   All funds and economic resources owned or controlled directly or indirectly by persons or entities designated by the Sanctions Committee as responsible for or complicit in, or having engaged in, directly or indirectly, the following actions or policies that threaten the peace, security, or stability of Mali:

               (a)

               engaging in hostilities in violation of the Agreement;

               (b)

               actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement;

               (c)

               acting for or on behalf of or at the direction of, or otherwise supporting or financing individuals and entities identified in points (a) and (b), including through the proceeds from organised crime, including the production and trafficking of narcotic drugs and their precursors originating in or transiting through Mali, the trafficking in persons and the smuggling of migrants, the smuggling and trafficking of arms as well as the trafficking in cultural property;

               (d)

               involvement in planning, directing, sponsoring, or conducting attacks against:

                           (i)

                           the various entities referenced in the Agreement, including local, regional and state institutions, joint patrols and the Malian Security and Defence forces;

                           (ii)

                           MINUSMA peacekeepers and other UN and associated personnel, including members of the Panel of experts;

                           (iii)

                           international security presences, including the FC-G5S, European Union Missions and French forces;

               (e)

               obstructing the delivery of humanitarian assistance to Mali, or access to, or distribution of, humanitarian assistance in Mali;

               (f)

               planning, directing, or committing acts in Mali that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving the targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge;

               (g)

               the use or recruitment of children by armed groups or armed forces in violation of applicable international law, in the context of the armed conflict in Mali;

               (h)

               knowingly facilitating the travel of a listed person in violation of the travel restrictions;

         or by persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, shall be frozen.
   The designated persons or entities referred to in this paragraph are listed in the Annex.
   2.   No funds or economic resources shall be made available directly or indirectly, to or for the benefit of the persons or entities listed in the Annex.
   3.   The measures referred to in paragraphs 1 and 2 shall not apply to funds and economic resources which the relevant Member State has determined to be:

               (a)

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

               (b)

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

               (c)

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

         after notification by the relevant Member State to the Sanctions Committee of the intention to authorise, where appropriate, access to such funds or economic resources and in the absence of a negative decision by the Sanctions Committee within five working days of such notification.
   4.   The measures referred to in paragraphs 1 and 2 shall not apply to funds or economic resources which the relevant Member State has determined to be:

               (a)

               necessary for extraordinary expenses, provided that such determination has been notified by the Member State to the Sanctions Committee and has been approved by the Sanctions Committee;

               (b)

               the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien was entered into or judgment delivered prior to the date on which the person or entity was included in the Annex, the lien or judgment is not for the benefit of a person or entity referred to in paragraph 1 and has been notified by the Member State concerned to the Sanctions Committee.

         5.   Paragraphs 1 and 2 shall not apply where the Sanctions Committee determines, on a case-by-case basis, that an exemption would further the objectives of peace and national reconciliation in Mali and stability in the region.
   6.   Paragraph 1 shall not prevent a designated person or entity from making a payment due under a contract entered into prior to the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 and after notification by the relevant Member State to the Sanctions Committee of the intention to make or receive such payments or to authorise, where appropriate, the unfreezing of funds or economic resources for that purpose, 10 working days prior to such authorisation.
   7.   Paragraph 2 shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings on those accounts; or

               (b)

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

         provided that any such interest, other earnings and payments continue to be subject to paragraph 1.
   Article 3
   The Council shall establish the list in the Annex and shall amend it in accordance with determinations made by the Security Council or by the Sanctions Committee.
   Article 4
   1.   Where the Security Council or the Sanctions Committee designates a person or entity, the Council shall include that person or entity in the Annex. The Council shall communicate its decision, including the grounds for listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing that person or entity with an opportunity to present observations.
   2.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity concerned accordingly.
   Article 5
   1.   The Annex shall include the grounds for listing the persons and entities as provided by the Security Council or the Sanctions Committee.
   2.   The Annex shall also include, where available, information provided by the Security Council or the Sanctions Committee necessary to identify the persons or entities concerned. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business.
   Article 6
   This Decision shall be amended or repealed as appropriate, in accordance with determinations made by the Security Council.
   Article 7
   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, 28 September 2017.

            For the Council

            The President

         M. MAASIKAS

      ANNEX

         List of persons referred to in Article 1(1) and of persons and entities referred to in Article 2(1)