title: Council Decision 2014/499/CFSP of 25 July 2014 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

text:
               25.7.2014

               EN

               Official Journal of the European Union

               L 221/15

         COUNCIL DECISION 2014/499/CFSP
   of 25 July 2014
   amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 17 March 2014, the Council adopted Decision 2014/145/CFSP. (1)

               (2)

               In view of the gravity of the situation in Ukraine, the restrictions on admission and the freezing of funds and economic resources should also apply to natural and legal persons, entities and bodies actively supporting, materially or financially, or benefiting from, Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Eastern-Ukraine.

               (3)

               Furthermore, the Council considers that additional natural and legal persons should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP.

               (4)

               Decision 2014/145/CFSP should be amended accordingly.

               (5)

               Further action by the Union is needed in order to implement these measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2014/145/CFSP is amended as follows:

               (1)

               Article 1(1) is replaced by the following:
               ‘1.   Member States shall take the necessary measures to prevent the entry into or transit through their territories of:

                           (a)

                           natural persons responsible for, actively supporting or implementing, actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine, and of natural persons associated with them; or

                           (b)

                           natural persons actively supporting, materially or financially, or benefiting from, Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Eastern-Ukraine,

                     as listed in the Annex.’;

               (2)

               Article 2(1) is replaced by the following:
               ‘1.   All funds and economic resources belonging to, or owned, held or controlled by:

                           (a)

                           natural persons responsible for, actively supporting or implementing, actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine, and natural or legal persons, entities or bodies associated with them;

                           (b)

                           legal persons, entities or bodies supporting, materially or financially, actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine;

                           (c)

                           legal persons, entities or bodies in Crimea or Sevastopol whose ownership has been transferred contrary to Ukrainian law, or legal persons, entities or bodies which have benefited from such a transfer; or

                           (d)

                           natural or legal persons, entities or bodies actively supporting, materially or financially, or benefiting from, Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Eastern Ukraine,

                     as listed in the Annex, shall be frozen.’.
         Article 2
   The persons and entities listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.
   Article 3
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 25 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p.16).

      ANNEX
      LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 2
      I.   Individuals

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Mikhail Efimovich FRADKOV
                  Михаил Ефимович Фрадков

                  Born on 1.9.1950 in Kurumoch, Kuibyshev region

                  Permanent member of the Security Council of the Russian Federation; Director of the Foreign Intelligence Service of the Russian Federation. As a member of the Security Council, which provides advice on and coordinates national security affairs, he was involved in shaping the policy of the Russian Government threatening the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  2.

                  Nikolai Platonovich PATRUSHEV
                  Николай Платонович Патрушев

                  Born on 11.7.1951 in Leningrad (St Petersburg)

                  Permanent member and Secretary of the Security Council of the Russian Federation. As a member of the Security Council, which provides advice on and coordinates national security affairs, he was involved in shaping the policy of the Russian Government threatening the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  3.

                  Aleksandr Vasilievich BORTNIKOV
                  Александр Васильевич Бортников

                  Born on 15.11.1951 in Perm

                  Permanent member of the Security Council of the Russian Federation; Director of the Federal Security Service (FSB). As a member of the Security Council, which provides advice on and coordinates national security affairs, he was involved in shaping the policy of the Russian Government threatening the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  4.

                  Rashid Gumarovich NURGALIEV
                  Рашид Гумарович Нургалиев

                  Born on 8.10.1956 in Zhetikara, Kazakh Soviet Socialist Republic

                  Permanent member and Deputy Secretary of the Security Council of the Russian Federation. As a member of the Security Council, which provides advice on and coordinates national security affairs, he was involved in shaping the policy of the Russian Government threatening the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  5.

                  Boris Vyacheslavovich GRYZLOV
                  Борис Вячеславович Грызлов

                  Born on 15.12.1950 in Vladivostok

                  Permanent member of the Security Council of the Russian Federation. As a member of the Security Council, which provides advice on and coordinates national security affairs, he was involved in shaping the policy of the Russian Government threatening the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  6.

                  Sergei Orestovoch BESEDA
                  Сергей Орестович Беседа

                  1954

                  Commander of the Fifth Service of the FSB, Federal Security Service of the Russian Federation.
                  As a senior FSB officer, he heads a service responsible which oversees intelligence operations and international activity.

                  25.7.2014

                  7.

                  Mikhail Vladimirovich DEGTYAREV
                  Михаил Владимирович Дегтярёв

                  Born on 10.7.1981 in Kuibyshev (Samara)

                  Member of the State Duma.
                  On 23.5.2014 he announced the inauguration of the ‘de facto embassy’ of the unrecognized, so-called, ‘Donetsk People's Republic’ in Moscow, he contributes to undermine or threaten the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  8.

                  Ramzan Akhmadovitch KADYROV
                  Рамзан Ахматович Кадыров

                  Born on 5.10.1976 in Tsentaroy.

                  President of the Republic of Chechnya. Kadyrov made statements in support of the illegal annexation of Crimea and in support of the armed insurgency in Ukraine. He stated inter alia on 14 June 2014 that he ‘will do anything to help revive Crimea’. In that context, he was awarded the medal for ‘the liberation of Crimea’ by the Acting Head of the Autonomous Republic of Crimea for the support he provided to the unlawful annexation of Crimea. In addition, on 1 June 2014 he expressed his readiness to send 74 000 Chechen volonteers to Ukraine if requested to do so.

                  25.7.2014

                  9.

                  Alexander Nikolayevich TKACHYOV
                  АЛЕКСАНДР НИКОЛАЕВИЧ Ткачёв

                  Born on 23.12.1960 in Vyselki.

                  Governor of the Krasnodar Krai.
                  He was awarded the medal ‘for the liberation of Crimea’ by the Acting head of the Autonomous Republic of Crimea for the support he provided to the unlawful annexation of Crimea. At that occasion, the Acting Head of the Autonomous Republic of Crimea said that Tkachyov was one of the first to express his support to the new ‘leadership’ of Crimea.

                  25.7.2014

                  10.

                  Pavel GUBAREV
                  Павел Юрьевич Губарев

                  Born on 10.2.1983 in Sievierodonetsk

                  One of the self-described leaders of the so-called ‘people' Republic of Donetsk’. He requested Russian intervention in eastern Ukraine, including through the deployment of Russian peacekeeping forces. He is associated with Igor Strelkov/Girkin, who is responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine. Gubarev is responsible for recruiting people for armed forces of separatists.
                  Responsible for taking over of the regional government building in Donetsk with pro-Russian forces and proclaimed himself the ‘people's governor’.
                  Despite being arrested for threatening the territorial integrity of Ukraine, and subsequently released, he has continued to play a prominent role in separatist activities, thus undermining the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  11.

                  Ekaterina GUBAREVA
                  Екатерина Юрьевна Губарева

                  Born on 5.7.1983 in Kakhovka

                  In her capacity of so called ‘Minister of Foreign Affairs’ she is responsible of defending the so called ‘Donetsk People's Republic’, thus undermining the territorial integrity, sovereignty and independence of Ukraine.
                  In addition, her bank account is used to finance illegal armed separatist groups.
                  In taking on and acting in this capacity she has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  12.

                  Fedor BEREZIN
                  Фёдор Дмитриевич Березин

                  Born on 7.2.1960 in Donetsk

                  The so-called ‘deputy defence minister’ of the so-called ‘Donetsk People's Republic’. He is associated with Igor Strelkov/Girkin, the so-called ‘defence minister’ of the so-called ‘Donetsk People's Republic’, who is responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine. In taking on and acting in this capacity Berezin has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  13.

                  Valery Vladimirovich KAUROV
                  Валерий Владимирович Кауров

                  Born on 2.4.1956 in Odessa

                  The self-described ‘president’ of the so-called ‘Republic of Novorossiya’ who has called on Russia to deploy troops to Ukraine. In taking on and acting in this capacity he has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  14.

                  Serhii Anatoliyovych ZDRILIUK
                  Сергей Анатольевич Здрылюкv

                  Born on 23.6.1972 in Vinnytsia region

                  Senior aid to Igor Strelkov/Girkin who is responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine. In taking on and acting in this capacity, Zdriliuk has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  15.

                  Vladimir ANTYUFEYEV
                  Владимир Антюфеев
                  (aka Vladimir SHEVTSOV, Vladimir Iurievici ANTIUFEEV, Vladimir Gheorghievici ALEXANDROV, Vadim Gheorghievici SHEVTSOV)

                  Born on 19.02. 1951 in Novosibirsk

                  Former ‘Ministry of State Security’ in the separatist region of Transnistria. Since 9 July 2014, he has been the first vice-prime minister of Donetsk People's Republic, responsible for security and law enforcement.. In his capacity, he is responsible for the separatist ‘governmental’ activities of the so called ‘government of the Donetsk People's Republic’.

                  25.7.2014

      II.   Entities undermining the territorial integrity, sovereignty and independence of Ukraine

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  So called ‘Lugansk People's Republic’
                  ‘Луганская народная республика’
                  ‘Luganskaya narodnaya respublika’

                  Official website:
                  http://lugansk-online.info
                  Phone number
                  +38-099-160-74-14

                  The so called ‘Lugansk People's Republic’ was established on 27 April 2014.
                  Responsible for organising the illegal referendum on May 11 2014. Declaration of independence on May 12 2014.
                  On 22 May 2014, the so called ‘People's Republics’ of Donetsk and Lugansk created the so called ‘Federal State of Novorossiya’.
                  This is in breach of Ukrainian constitutional law, and, as a consequence, of international law, thus undermining the territorial integrity, sovereignty and independence of Ukraine.
                  It is also involved in the recruitment to the separatist ‘Army of Southeast’ and other illegal armed separatist groups, thus undermining the stability or security of Ukraine.

                  25.7.2014

                  2.

                  So called ‘Donetsk People's Republic’
                  ‘Донецкая народная республика’
                  ‘Donétskaya naródnaya respúblika’

                  Official information, including the Constitution of Donetsk People's Republic and the composition of the Supreme Council
                  http://dnr-news.com/
                  Social media:
                  https://twitter.com/dnrpress
                  http://vk.com/dnrnews

                  The so called ‘Donetsk People's Republic’ was declared on 7 April 2014.
                  Responsible for organizing the illegal referendum on May 11 2014. Declaration of independence on May 12 2014.
                  On 24 May 2014, the so called ‘People's Republics’ of Donetsk and Lugansk signed an agreement on the creation of the so called ‘Federal State of Novorossiya’.
                  This is in breach of Ukrainian constitutional law, and, as a consequence, of international law, thus undermining the territorial integrity, sovereignty and independence of Ukraine.
                  It is also involved in the recruitment to illegal armed separatist groups, thus threatening the stability or security of Ukraine.

                  25.7.2014

                  3.

                  So called ‘Federal State of Novorossiya’
                  ‘Федеративное государство Новороссия’
                  ‘Federativnoye Gosudarstvo Novorossiya’

                  Official press releases:
                  http://novorossia.su/official

                  On 24 May 2014, the so called ‘People's Republics’ of Donetsk and Lugansk signed an agreement on the creation of the unrecognized so called ‘Federal State of Novorossiya’.
                  This is in breach of Ukrainian constitutional law, and, as a consequence, of international law, thus threatening the territorial integrity, sovereignty and independence of Ukraine.

                  25.7.2014

                  4.

                  International Union of Public Associations ‘Great Don Army’
                  Международный Союз Общественных Объединений
                  ‘Всевеликое Войско Донское’

                  Official web site:
                  http://vvd2003.narod.ru/
                  Phone number:
                  +7-8-908-178-65-57
                  Social media:
                  Cossack National Guard
                  http://vk.com/kazak_nac_guard
                  Address: 346465 Russia Rostov Region. October (C) District. St Zaplavskaya. Str Shosseynaya 1

                  The ‘Great Don army’ established the ‘Cossack National Guard’, responsible for fighting against the Ukrainian government forces in Eastern Ukraine, thus undermining the territorial integrity, sovereignty and independence of Ukraine as well as threatening the stability or security of Ukraine.
                  Associated with Mr, Nikolay KOZITSYN, who is Commander of Cossack forces and responsible for commanding separatists in Eastern Ukraine fighting against the Ukrainian government forces.

                  25.7.2014

                  5.

                  ‘Sobol’
                  ‘СОБОЛЬ’

                  Official web site:
                  http://soboli.net
                  Social media:
                  http://vk.com/sobolipress
                  Phone number:
                  (0652) 60-23-93.
                  Email: SoboliPress@gmail.com
                  Address: Crimea, Simferopol, str. Kiev, 4 (area bus station ‘Central’).

                  Radical paramilitary organisation, responsible for openly supporting using force to end Ukraine's control over Crimea, thus undermining the territorial integrity, sovereignty and independence of Ukraine
                  Responsible for training separatists to fight against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.

                  25.7.2014

                  6.

                  So called ‘Lugansk Guard’
                  ‘Луганская гвардия’

                  Social media:
                  https://vk.com/luguard
                  http://vk.com/club68692201

                  Self-defence militia of Lugansk, responsible for training separatists to fight against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.
                  Associated with Mr, German PROPOKIV, active leader who is responsible for taking part in the seizure of the building of the Lugansk regional office of the Ukrainian Security Service and recorded a video address to President Putin and Russia from the occupied building.

                  25.7.2014

                  7.

                  So called ‘Army of the Southeast’
                  ‘Армии Юго-Востока’

                  Recruitment:
                  http://lugansk-online.info/statements
                  Social media:
                  http://vk.com/lugansksbu

                  Illegal armed separatist group which is considered to be one of the most important in Eastern Ukraine.
                  Responsible for occupying the building of the Security Service in the Lugansk region. Retired officer.
                  Associated with Mr. Valeriy BOLOTOV, listed as one of the leaders of the group.
                  Associated with Mr. Vasyl NIKITIN, responsible for the separatist ‘governmental’ activities of the so called ‘government of the People' s Republic of Luhansk’

                  25.7.2014

                  8.

                  So called ‘Donbass People's Militia’
                  ‘Нарóдное ополчéние Донбáсса’

                  Social media:
                  http://vk.com/polkdonbassa
                  +38-099-445-63-78;
                  +38-063-688-60-01;
                  +38-067-145-14-99;
                  +38-094-912-96-60;
                  +38-062-213-26-60
                  Email: voenkom.dnr@mail.ru
                  mobilisation@novorossia.co
                  Telephone volunteers in Russia:
                  +7 (926) 428-99-51
                  +7 (967) 171-27-09
                  or email novoross24@mail.ru
                  Address: Donetsk. Prospect Zasyadko.13

                  Illegal armed separatist group responsible for fighting against the Ukrainian government forces in the Eastern Ukraine, thus threatening the stability or security of Ukraine.
                  Inter alia, the militant group seized control of several government buildings in Eastern Ukraine in early April 2014, thus undermining the territorial integrity, sovereignty and independence of Ukraine.
                  Its former leader Mr. Pavel
                  Gubarev, is responsible for the taking over of the regional government building in Donetsk with pro-Russian forces and proclaiming himself the ‘people's governor’.

                  25.7.2014

                  9.

                  ‘Vostok battalion’
                  ‘батальоны Восток’

                  Social media:
                  http://vk.com/patriotic_forces_of_donbas

                  Illegal armed separatist group which is considered to be one of the most important in Eastern Ukraine.
                  Responsible fighting against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.
                  Attempted to seize the Donetsk Airport

                  25.7.2014

      III.   Entities whose ownership has been transferred contrary to Ukrainian law

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  State ferry enterprise ‘Kerch ferry’
                  Государственная судоходная компания ‘Керченская паромная переправа’
                  Gosudarstvenoye predpriyatiye
                  Kerchenskaya paromnaya pereprava

                  16 Tselibernaya Street, 98307 Kerch
                  (Автономная Республика Крым, г. Керчь, ул. Целимберная, 16)
                  code: 14333981

                  The ownership of the entity was transferred contrary to the Ukrainian law. The ‘Parliament of Crimea’ adopted a resolution No. 1757-6/14 on 17.3.2014‘On nationalization of some companies belonging to the Ukrainian ministries of infrastructure or agriculture’ and the ‘Presidium of the Parliament of Crimea’ adopted a decision No. 1802-6/14 on 24.3.2014‘On state-owned Ferry Enterprise Kerch Ferry’ declaring the appropriation of assets belonging to the state ferry enterprise ‘Kerch Ferry’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.

                  25.7.2014

                  2.

                  State enterprise ‘Sevastopol commercial seaport’
                  Государственное предприятие ‘Севастопольский морской торговый порт’
                  Gosudarstvenoye predpriyatiye
                  Sevastopolski morskoy torgovy port

                  3 Place Nakhimova, 99011 Sevastopol
                  (99011, г. Севастополь, пл. Нахимова, 3)
                  code: 01125548

                  The ownership of the entity was transferred contrary to the Ukrainian law. On 17.3.2014 the ‘Parliament of Crimea’ adopted a resolution No. 1757-6/14 ‘On nationalization of some companies belonging to the Ukrainian ministries of infrastructure or agriculture’ declaring the appropriation of assets belonging to the state enterprise ‘Sevastopol commercial seaport’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’. In terms of volume of trade, it is the biggest commercial seaport in Crimea.

                  25.7.2014

                  3.

                  State enterprise ‘Kerch commercial sea port’
                  Государственное предприятие ‘Керченский морской торговый порт’
                  Gosudarstvenoye predpriyatiye
                  Kerchenski morskoy torgovy port

                  28 Kirova Str., 98312, Kerch, Autonomous Republic of Crimea,
                  (98312, Автономная Республика Крым, г. Керчь, ул. Кирова, 28)
                  Code: 01125554

                  The ownership of the entity was transferred contrary to the Ukrainian law. The ‘Parliament of Crimea’ adopted a resolution No.1757-6/14 on 17.3.2014‘On nationalization of some companies belonging to the Ukrainian ministries of infrastructure or agriculture’ and a resolution No. 1865-6/14 on 26.3.2014‘On State-Owned Enterprise "Crimean Sea Ports’ (‘О Государственном предприятии "Крымские морские порты’) declaring the appropriation of assets belonging to the state enterprise ‘Kerch Commercial Sea Port’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’. In terms of volume of trade, it is the second biggest commercial seaport in Crimea.

                  25.7.2014

                  4.

                  State enterprise Universal -Avia
                  Государственном предприятии ‘Универсал-Авиа’
                  Gosudarstvenoye predpriyatiye
                  ‘Universal-Avia’

                  5, Aeroflotskaya street, 95024 Simferopol
                  (Аэрофлотская улица, 5, Симферополь г.)

                  The ownership of the entity was transferred contrary to the Ukrainian law. On 24.3.2014 the ‘Presidium of the Parliament of Crimea’ adopted a decision ‘On State-owned Enterprise "Gosudarstvenoye predpriyatiye Universal-Avia’ (‘О Государственном предприятии “Универсал-Авиа”)’ No. 1794-6/14 declaring the appropriation of assets belonging to the state enterprise ‘Universal-Avia’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.

                  25.7.2014

                  5.

                  Resort ‘Nizhnyaya Oreanda’
                  Санаторий ‘Нижняя Ореанда’

                  Resort ‘Nizhnyaya Oreanda’, 08655, Yalta, Oreanda
                  (08655, г.Ялта, пгт. Ореанда, Санаторий ‘Нижняя Ореанда’)

                  The ownership of the entity was transferred contrary to the Ukrainian law. On 21 March the ‘Presidium of the Parliament of Crimea’ adopted a decision ‘On the questions of creation of the Association of sanatoria and resorts’ No. 1767-6/14 declaring the appropriation of assets belonging to the resort ‘Nizhnyaya Oreanda’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.

                  25.7.2014

                  6.

                  Crimean enterprise ‘Azov distillery plant’
                  Крымское республиканское предприятие ‘Азовский ликероводочный Завод’
                  Azovsky likerovodochny zavod

                  40 Zeleznodorozhnaya str., 96178 town of Azov, Jankoysky district
                  (Джанкойский район, пгт Азовское, ул. Железнодорожная, 40)
                  code: 01271681

                  The ownership of the entity was transferred contrary to the Ukrainian law. On 9 April the ‘Presidium of the Parliament of Crimea’ adopted a decision No 1991-6/14 ‘On the amendments to the Resolution of the State Council of the Republic of Crimea’ of 26 March 26 2014 No. 1836-6/14 ‘On nationalization of the property of enterprises, institutions and organizations of agro-industrial complex, located in the territory of the Republic of Crimea’ declaring the appropriation of assets belonging to the ‘Azovsky likerovodochny zavod’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.

                  25.7.2014

                  7.

                  State concern ‘National Association of producers “Massandra”’
                  Национальное производственно-аграрное объединение ‘Массандра’
                  Nacionalnoye proizvodstvenno agrarnoye obyedinenye Massandra

                  6, str. Mira, Massandra 98600 city of Yalta
                  (98600, г. Ялта, пгт Массандра, ул. Мира, д. 6)
                  code: 00411890

                  The ownership of the entity was transferred contrary to the Ukrainian law. On 9 April the ‘Presidium of the Parliament of Crimea’ adopted a decision No 1991-6/14 ‘On the amendments to the Resolution of the State Council of the Republic of Crimea’ of 26 March No. 1836-6/14 ‘On nationalization of the property of enterprises, institutions and organizations of agro-industrial complex, located in the territory of the Republic of Crimea’ declaring the appropriation of assets belonging to the state concern ‘National Association of producers “Massandra”’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.

                  25.7.2014

                  8.

                  ‘State enterprise Magarach of the national institute of wine’
                  Государственное предприятие Агрофирма ‘Магарач’ Национального института винограда и вина ‘Магарач’
                  Gosudarstvenoye predpriyatiye ‘Agrofirma Magarach’ nacionalnogo instituta vinograda i vina ‘Magarach’

                  9 Chapayeva str., 98433 Vilino, Bakhchisarayski district,
                  (98433, Автономная Республика Крым, Бахчисарайский район, с. Вилино, ул. Чапаева, д. 9)
                  Code: 31332064

                  The ownership of the entity was transferred contrary to the Ukrainian law. On 9 April the ‘Presidium of the Parliament of Crimea’ adopted a decision No 1991-6/14 ‘On the amendments to the Resolution of the State Council of the Republic of Crimea’ of 26 March 26 2014 No. 1836-6/14 ‘On nationalization of the property of enterprises, institutions and organizations of agro-industrial complex, located in the territory of the Republic of Crimea’ declaring the appropriation of assets belonging to the state enterprise ‘Gosudarstvenoye predpriyatiye “Agrofirma Magarach” nacionalnogo instituta vinograda i vina “Magarach”’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.

                  25.7.2014

                  9.

                  State enterprise ‘Factory of sparkling wine Novy Svet’
                  Государственное предприятиеЗавод шампанских вин ‘Новый свет’
                  Gosudarstvenoye predpriyatiye ‘Zavod shampanskykh vin Novy Svet’

                  1 Shalyapina str., 98032 Sudak, Novy Svet
                  (98032, г. Судак, пгт Новый Свет, ул. Шаляпина, д. 1)
                  Code: 00412665

                  The ownership of the entity was transferred contrary to the Ukrainian law. On 9 April the ‘Presidium of the Parliament of Crimea’ adopted a decision No. 1991-6/14 ‘On the amendments to the Resolution of the State Council of the Republic of Crimea’ of 26 March 26 2014 No. 1836-6/14 ‘On nationalization of the property of enterprises, institutions and organizations of agro-industrial complex, located in the territory of the “Republic of Crimea” declaring the appropriation of assets belonging to the state enterprise “Zavod shampanskykh vin Novy Svet”’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.

                  25.7.2014


title: Council Decision of 18 June 1973 adopting a research and training programme for the European Atomic Energy Community (direct projects)

text:
No L 189/36                            Official Journal of the European Communities                                  11.7. 73
                                                   COUNCIL DECISION
                                                        of 18 June 1973
             adopting a research and training programme for the European Atomic Energy
                                                 Community (direct projects)
                                                      (73 / 177/Euratom )
THE COUNCIL OF THE EUROPEAN                                                                  Article 2
COMMUNITIES ,
                                                                   The maximum expenditure commitment and staff for
Having regard to the Treaty establishing the                       implementing this programme shall be 13-8 million
European Atomic Energy Community, and in                           units of account and 140 staff for the duration of the
particular Article 7 thereof;                                      programme .
Having regard to the Proposal from the Commission ,                The allocation of funds and staff is shown in Annex
submitted after consultation with the Scientific and               II .
Technical Committee ;
                                                                   The unit of account is defined in Article 10 of the
Having regard to the Council Resolution of 17                      Financial Regulation of 25 April 1973 (2 ) applicable
December 1970 (*) on the detailed rules for the                    to the general budget of the European Communities .
adoption of research and training programmes ;
Whereas in the context of the common policy in                                               Article 3
science and technology the multi-annual research and
training programme is one of the principal means                   The programme set out in Annex I shall be subject to
whereby the Community can contribute to the rapid                  review at the beginning of the second year, and then
formation and expansion of nuclear industries and                  annually in accordance with the appropriate
also to the acquisition and dissemination of                       procedures and in the light of the Decisions of the
knowledge in the nuclear field ;                                   Paris Summit Conference .
HAS ADOPTED THIS DECISION :
                                                                   Done at Luxembourg, 18 June 1973 .
                          Article 1
A research and training programme as set out in                                                           For the Council
Annexes I and II is hereby adopted for a period of                                                         The President
four years from 1 January 1973 . The Annexes shall
form an integral part of this Decision .                                                                    A. LAVENS
(') OJ No L 16 , 20. 1 . 1971 , p. 13.                             (2) OJ No L 116, 1 . 5 . 1973 , p. 1 .
 ---pagebreak--- 11.7 . 73                           Official Journal of the European Communities                              No L 189 /37
                                                          ANNEX 1
                                                    DIRECT PROJECTS
                                                  NUCLEAR PROJECTS
          JOINT PROGRAMME
            I. Basic research on materials
               A maximum of 5-1 million units of account, and a staff of 50 (including a programme staff
               of 29 ), shall be allocated to this objective .
               The objective shall include basic studies on solid state physics as the groundwork of
               applied research on materials and shall consist of:
               — studies of the effects of structural changes and cristalline imperfections on the properties
                   of materials ;
               — studies of transport phenomena and structural behaviour in metals, polymers and other
                   materials .
               These activities shall be conducted by the Ispra Establishment.
           II. Application of nuclear energy for purposes other than generating electricity (hydrogen
               production by decomposition of water on the basis of chemical cycles)
               A maximum of 6-7 million units of account and a staff of 70 (including a programme staff
               of 37) shall be allocated to this project.
               This objective shall include:
               — chemistry studies : thermodynamic calculations, monitoring of unknown reactions,
                   measurements of the physical properties of the compounds used, study of the effect of
                   impurities, etc.;
               — kinetics studies : calculation of reaction parameters ( kinetics, yield etc.) and continuous
                   simulation on laboratory scale of the various reactions and then complete cycles, again
                   on laboratory scale ;
               — studies of materials : corrosion tests, firstly for indicative evaluations and then for
                   quantitative measurements of the required materials ;
               — chemical engineering studies : preliminary definition of 'flowsheets', calculations for
                   cycle optimisation, studies of the problems of coupling chemical processes with reactors.
               Initially, emphasis will be placed on defining the data required for evaluating the technical
               and economic potential of the process, in cooperation with the circles involved.
               These activities shall be conducted by the Ispra Establishment.
 ---pagebreak--- No L 189/38                          Official Journal of the European Communities                           11.7. 73
            III. Technical evaluations m support of Commission activities
                 A maximum of 2 million units of account, and a staff of 20 (including a programme staff of
                 12), shall be allocated to this objective.
                 The objective shall include :
                 — public service activities using systems analysis techniques : collection and analysis of
                     data, preparation of models, development of methods of calculation and codes for use
                     on computers, studies of the results;
                 — prospection studies of the estimated development of electronic components required for
                     making computers and their peripheral equipment.
                 These activities shall be conducted by the Ispra Establishment in cooperation with the
                 relevant Directorates general.
                                                          ANNEX 11
                                   Table of staff and maximum expenditure commitments
                                                               Expenditure in million         Staff
                                  Objective                      units of account
              I. Basic research on materials                            5 1                    50
             II. Application of nuclear energy for
                 purposes other than generating
                 electricity (production of hydrogen)                   67                     70
            III. Technical evaluations in support of
                 Commission activities                                  2-0                    20
                                                       Total           13-8                   140


title: Decision (EU, Euratom) 2017/1611 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the Consumers, Health, Agriculture and Food Executive Agency for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/105

         DECISION (EU, Euratom) 2017/1611 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the Consumers, Health, Agriculture and Food Executive Agency for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2015 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2015 (COM(2016)475 — C8-0269/2016) (2),

               —

               having regard to the final annual accounts of the Consumers, Health, Agriculture and Food Executive Agency for the financial year 2015 (3),

               —

               having regard to the Commission's report on the follow-up to the discharge for the 2014 financial year (COM(2016)674), and to the accompanying Commission staff working documents (SWD(2016)338, SWD(2016)339),

               —

               having regard to the Commission's annual report to the discharge authority on internal audits carried out in 2015 (COM(2016)628), and to the accompanying Commission staff working document (SWD(2016)322),

               —

               having regard to the Court of Auditors' report on the annual accounts of the Consumers, Health, Agriculture and Food Executive Agency for the financial year 2015, together with the Agency's reply (4),

               —

               having regard to the statement of assurance (5) 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 executive agencies in respect of the implementation of the budget for the financial year 2015 (05874/2017 — C8-0038/2017),

               —

               having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

               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 (6) and in particular Articles 62, 164, 165 and 166 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (7), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Implementing Decision 2013/770/EU of 17 December 2013 establishing the Consumers, Health and Food Executive Agency and repealing Decision 2004/858/EC (9),

               —

               having regard to Commission Implementing Decision 2014/927/EU of 17 December 2014 amending Implementing Decision 2013/770/EU in order to transform the Consumers, Health and Food Executive Agency into the Consumers, Health, Agriculture and Food Executive Agency (10),

               —

               having regard to Rule 93 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A8-0150/2017),

               A.

               whereas, under Article 17(1) of the Treaty on European Union, the Commission is to execute the budget and manage programmes and, pursuant to Article 317 of the Treaty on the Functioning of the European Union, is to implement the budget in cooperation with the Member States, on its own responsibility, having regard to the principles of sound financial management;

               1.

               Grants the Director of the Consumers, Health, Agriculture and Food Executive Agency discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III — Commission and executive agencies, and in its resolution of 27 April 2017 on the Court of Auditors' special reports in the context of the Commission discharge for the financial year 2015 (11);

               3.

               Instructs its President to forward this decision, the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III — Commission and the resolution forming an integral part of those decisions, to the Director of the Consumers, Health, Agriculture and Food Executive Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2015.

      (2)  OJ C 380, 14.10.2016, p. 1.

      (3)  OJ C 417, 11.11.2016, p. 2.

      (4)  OJ C 449, 1.12.2016, p. 41.

      (5)  OJ C 380, 14.10.2016, p. 147.

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

      (7)  OJ L 11, 16.1.2003, p. 1.

      (8)  OJ L 297, 22.9.2004, p. 6.

      (9)  OJ L 341, 18.12.2013, p. 69.

      (10)  OJ L 363, 18.12.2014, p. 183.

      (11)  Texts adopted of that date, P8_TA(2017)0144 (see page 66 of this Official Journal).


title: Decision (EU) 2017/1722 of the European Parliament of 27 April 2017 on the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/323

         DECISION (EU) 2017/1722 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Union Agency for Fundamental Rights 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 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 — C8-0050/2017),

               —

               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 Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (4), and in particular Article 21 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 and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0146/2017),

               1.

               Approves the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2015;

               2.

               Instructs its President to forward this decision to the Director of the European Union Agency for Fundamental Rights, 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. 203.

      (2)  See footnote 1.

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

      (4)  OJ L 53, 22.2.2007, p. 1.

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


title: Decision of the Court on the lodging and service of procedural documents by means of e-EFTACourt

text:
               9.3.2017

               EN

               Official Journal of the European Union

               C 73/18

         DECISION OF THE COURT
   on the lodging and service of procedural documents by means of e-EFTACourt
   (2017/C 73/09)
   THE COURT,
   Having regard to the Rules of Procedure and, in particular, the second subparagraph of Article 32(5) thereof,
   Whereas:
   […] the Court may by decision determine the criteria for a procedural document sent to the Registry by electronic means to be deemed to be the original of that document. […],
   HAS DECIDED AS FOLLOWS:
   Article 1
   The information technology application known as ‘e-EFTACourt’, allows the lodging and service of procedural documents by electronic means under the conditions laid down by this Decision.
   Article 2
   Use of the application shall require a personal user identification and password.
   Article 3
   A procedural document lodged by means of e-EFTACourt shall be deemed to be the original of that document for the purposes of the first subparagraph of Article 32(1) of the Rules of Procedure where the representative’s user identification and password have been used to effect that lodgement. Such identification shall constitute the signature of the document concerned.
   Article 4
   A document lodged by means of e-EFTACourt must be accompanied by the Annexes referred to therein and a schedule listing such Annexes.
   It shall not be necessary to lodge certified copies of a document lodged by means of e-EFTACourt or of any Annexes thereto.
   Article 5
   A procedural document shall be deemed to have been lodged for the purposes of Article 32(2) of the Rules of Procedure at the time of the representative’s validation of lodgement of that document.
   The relevant time shall be the time in the Grand Duchy of Luxembourg.
   Article 6
   Procedural documents, including judgments and orders, shall be served on the parties’ representatives by means of e-EFTACourt where they have expressly accepted this method of service or, in the context of a case, where they have consented to this method of service by lodging a procedural document by means of e-EFTACourt.
   Procedural documents shall also be served by means of e-EFTACourt on States which are parties to the Agreement on the European Economic Area, the EFTA Surveillance Authority and institutions, bodies, offices or agencies of the Union, insofar as they have accepted this method of service.
   Article 7
   The intended recipients of the documents served referred to in Article 6 shall be notified by email of any document served on them by means of e-EFTACourt.
   A procedural document shall be served at the time when the intended recipient (representative or his assistant) requests access to that document. In the absence of any request for access, the document shall be deemed to have been served on the expiry of the seventh day following the day on which the notification email was sent.
   Where a party is represented by more than one agent or lawyer, the time to be taken into account in the reckoning of time- limits shall be the time when the first request for access was made.
   The relevant time shall be the time in the Grand Duchy of Luxembourg.
   Article 8
   The Registrar shall draw up the conditions of use of e-EFTACourt and ensure that they are observed. Any use of e-EFTACourt contrary to those conditions may result in the deactivation of the account concerned.
   The Court shall take the necessary steps to protect e-EFTACourt from any abuse or malicious use.
   Users shall be notified by email of any action taken pursuant to this Article that prevents them from using their account.
   Article 9
   This decision shall enter into force on the day following its publication in the EEA Section of and the EEA Supplement to the Official Journal of the European Union.

      Luxembourg, 12 December 2016.


title: 2006/137/EC: Council Decision of  14 February 2006  on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

text:
               24.2.2006

               EN

               Official Journal of the European Union

               L 54/28

         COUNCIL DECISION
   of 14 February 2006
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part
   (2006/137/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 Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1) (hereinafter referred to as ‘Association Agreement’), was signed on 18 November 2002, and entered into force on 1 March 2005 (2).

               (2)

               On 24 November 2005 the Council authorised the Commission to enter into negotiations with the Republic of Chile to amend the Agreement on Trade in Spirit Drinks and Aromatised Drinks attached as Annex VI (3) (hereinafter referred to as ‘Annex VI’) to the Association Agreement. These negotiations have been successfully concluded.

               (3)

               The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Annex VI should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, is hereby approved on behalf of the Community.
   The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 2
   The Commissioner for Agriculture and Rural Development is hereby empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

      Done at Brussels, 14 February 2006.

            For the Council

            The President

         K.-H. GRASSER

      (1)  OJ L 352, 30.12.2002, p. 3.

      (2)  OJ L 84, 2.4.2005, p. 21.

      (3)  OJ L 352, 30.12.2002, p. 1198.
    ---documentbreak---

               24.2.2006

               EN

               Official Journal of the European Union

               L 54/29

         AGREEMENT
   in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to the Agreement on trade in spirit drinks and aromatised drinks annexed to the Agreement establishing an association between the European Community and its member states, of the one part, and the Republic of Chile, of the other part
   Brussels,
   Sir,
   I have the honour to refer to meetings of the Joint Committee established in accordance with Article 17 of Annex VI to the Association Agreement (the Agreement on Trade in Spirit Drinks and Aromatised Drinks). The Joint Committee has recommended that modifications should be made to the Agreement on Trade in Spirit Drinks and Aromatised Drinks (hereinafter referred to as ‘Annex VI’), in order to take account of legislative developments since its adoption.
   During the recent Joint Committee meeting held in Madrid on 13-14 June 2005 there was agreement on the need to amend not only the appendices but also the text of the Agreement in order to update it. I have therefore the honour to propose that Annex VI be amended as indicated in the Appendix attached hereto, with effect as of the date of signature.
   I should be obliged if you would confirm that your Government is in agreement with the content of this letter.
   Please accept, Sir, the assurance of my highest consideration.

         On behalf of the European Community

      Appendix
      Annex VI is hereby amended as follows:

                  1.

                  in Article 5, paragraph 2 is replaced by the following:
                  ‘2.   The names referred to in Article 6 shall be reserved exclusively for the products originating in the Party to which they apply.’;

                  2.

                  Article 7 is amended as follows:

                              (a)

                              paragraph 2 is replaced by the following:
                              ‘2.   On the basis of the Chilean trademark register as established on 10 June 2002, the trademarks listed in Appendix II A shall be cancelled within 12 years for use on the internal market and five years for export from the date of entry into force of this Agreement.’;

                              (b)

                              after paragraph 2, the following paragraph is inserted:
                              ‘2a.   On the basis of the Chilean trademark register as established on 10 June 2002, trademarks listed in Appendix II B. are allowed under the conditions laid down in this Appendix, exclusively for use on the internal market, and shall be cancelled within 12 years from the date of entry into force of this Agreement.’;

                  3.

                  Article 8 is amended as follows:

                              (a)

                              paragraph 1 is replaced by the following:
                              ‘1.   The Parties are not aware, on the basis of the Chilean trademark register as established on 10 June 2002, of any trademarks other than those listed in Article 7(2) and (2a) which are identical with, or similar to, or contain the protected designation referred to in Article 6.’;

                              (b)

                              paragraph 2 is replaced by the following:
                              ‘2.   Pursuant to paragraph 1, the Parties shall not deny the right to use a trademark contained in the Chilean trademark register on 10 June 2002, other than those referred to in Article 7(2) and (2a), on the basis that such a trademark is identical with, or similar to, or contains a protected designation listed in Appendix I.’;

                  4.

                  Article 17(3) is replaced by the following:
                  ‘3.   In particular, the Joint Committee may make recommendations in furtherance of the objectives of this Agreement. It shall be conducted in accordance with the Rules of Procedure for the Special Committees.’.

   Santiago de Chile/Brussels,
   Madam,
   I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

      ‘I have the honour to refer to meetings of the Joint Committee established in accordance with Article 17 of Annex VI to the Association Agreement (the Agreement on Trade in Spirit Drinks and Aromatised Drinks). The Joint Committee has recommended that modifications should be made to the Agreement on Trade in Spirit Drinks and Aromatised Drinks (hereinafter referred to as “Annex VI”), in order to take account of legislative developments since its adoption.
      During the recent Joint Committee meeting held in Madrid on 13-14 June 2005 there was agreement on the need to amend not only the appendices but also the text of the Agreement in order to update it. I have therefore the honour to propose that Annex VI be amended as indicated in the Appendix attached hereto, with effect as of the date of signature.
      I should be obliged if you would confirm that your Government is in agreement with the content of this letter.’.

   I have the honour to inform you that the Republic of Chile is in agreement with the content of this letter.
   Please accept, Madam, the assurance of my highest consideration.

         For the Republic of Chile


title: 2014/481/EU: Council Decision of 14 July 2014 on the position to be taken on behalf of the European Union with regard to the participation in the CARIFORUM-EU Consultative Committee provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part

text:
               22.7.2014

               EN

               Official Journal of the European Union

               L 216/1

         COUNCIL DECISION
   of 14 July 2014
   on the position to be taken on behalf of the European Union with regard to the participation in the CARIFORUM-EU Consultative Committee provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part

      (2014/481/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (1) (‘the Agreement’), was signed on 15 October 2008, and is provisionally applied as of 29 December 2008.

               (2)

               Article 232(2) of the Agreement provides for its Joint Council to decide on the civil-society participation in the CARIFORUM-EU Consultative Committee, to ensure a broad representation of all interested stakeholders.

               (3)

               It is important to set up all the institutions provided for by the Agreement, especially the CARIFORUM-EU Consultative Committee that has not yet been convened, despite its role in promoting dialogue, cooperation and monitoring under the Agreement.

               (4)

               The European Economic and Social Committee has expressed its willingness to assist the CARIFORUM-EU Consultative Committee, by organising the selection of the European representatives for that Committee, and by assuming the function of the secretariat of that Committee in the initial period after it is set up.

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the Union with regard to the adoption of a decision of the CARIFORUM-EU Joint Council provided for by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, on its Consultative Committee, shall be based on the draft decision of the Joint Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 14 July 2014.

            For the Council

            The President

         M. MARTINA

      (1)  OJ L 289, 30.10.2008, p. 3.

      DRAFT
      DECISION No …/2014 OF THE JOINT CARIFORUM-EU COUNCIL
      of
      set up by the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part concerning participation in the CARIFORUM-EU Consultative Committee
      THE JOINT CARIFORUM-EU COUNCIL,
      Having regard to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (‘the Agreement’), and in particular Article 232(2) thereof,
      Whereas in the light of the objectives laid down under Article 1 of the Agreement, and the commitment to its monitoring provided for in Article 5 of the Agreement, it is appropriate to determine participation in the CARIFORUM-EU Consultative Committee,
      HAS DECIDED ADOPTED THIS DECISION:
      Article 1
      1.   The CARIFORUM-EU Consultative Committee (‘the Committee’) shall be made up of forty (40) standing representatives of organisations of the civil society as follows:

                  (a)

                  twenty-five (25) in representation of organisations located in the CARIFORUM States; and

                  (b)

                  fifteen (15) in representation of organisations located in the European Union.

            2.   In each set of representatives referred to above, there shall be a balanced representation of:

                  (a)

                  employers' organisations,

                  (b)

                  trade unions,

                  (c)

                  other economic, social and non-governmental organisations, including development and environmental organisations; and

                  (d)

                  the academic community.

            3.   Standing representatives shall serve for two years. Relevant expertise and broad geographical and sectoral representation shall be ensured.
      4.   For the purposes of this Decision, ‘organisations of civil society’ includes institutions, associations, foundations, advocacy groups and other entities of a non-governmental nature which have a non-profit making aim and which are able to provide advice or contribute specialised information on matters covered by the Agreement, as well as representatives of the academic community.
      5.   An organization shall be deemed to be located in the territory of a CARIFORUM State or European Union if such an organisation has its statutory office, central management and control in the territory of a CARIFORUM State or the European Union as the case may be.
      Article 2
      1.   The Committee shall be composed by the Joint CARIFORUM — EU Council of representatives of organisations of the civil society selected in accordance with Article 1 by the European Union and the CARIFORUM States, respectively.
      2.   The Joint CARIFORUM — EU Council may also modify the list of members when necessary.
      3.   Any vacancy in the membership of the Committee shall not invalidate the constitution of the Committee or impair the right of the remaining members to act.
      4.   A majority of the members selected by the European Union and a majority of the members selected by the CARIFORUM States shall constitute a quorum of the Committee.
      Article 3
      Standing representatives may receive financial assistance for the discharge of their duties within the Committee.
      Article 4
      Any organization fulfilling the requirements of paragraph 1 of Article 232 of the Agreement may attend meetings of the Committee as an observer.
      Article 5
      The European Economic and Social Committee shall serve as the secretariat of the Committee for an initial period ending on 31 December 2014. Thereafter an organisation or entity selected by the CARIFORUM States followed by an organisation or entity selected by the European Union shall act alternatively for periods of 12 months as the secretariat of the Committee.
      Article 6
      This Decision shall enter into force on […]

         Done at …,

               for the Joint CARIFORUM-EU Council


title: 2005/675/EC: Council Decision of 20 September 2005 appointing three members and five alternate members of the Committee of the Regions

text:
               1.10.2005

               EN

               Official Journal of the European Union

               L 256/51

      COUNCIL DECISION

   of 20 September 2005
   appointing three members and five alternate members of the Committee of the Regions
   (2005/675/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 Italian 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 from 26 January 2002 to 25 January 2006 (1).

               (2)

               Three members’ seats on the Committee of the Regions have become vacant following expiry of the mandates of Mr Francesco STORACE, Mr Vito d’AMBROSIO and Mr Raffaele FITTO; one alternate member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Giuseppe CHIARAVALLOTI and four alternate members’ seats following expiry of the mandates of Mr Giovanni PACE, Mr Filippo BUBBICO, Mr Giandomenico BARCI and Mr Enzo GHIGO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the term of office still to run, namely until 25 January 2006:

               (a)

               as members:

                           Mr Piero MARRAZZO
                           Presidente della Regione Lazio
                           (President of the Region of Latium)
                           to replace Mr Francesco STORACE

                           Mr Gian Mario SPACCA
                           Presidente della Regione Marche
                           (President of the Marches Region)
                           to replace Mr Vito d’AMBROSIO

                           Mr Nichi VENDOLA
                           Presidente della Regione Puglia
                           (President of the Region of Apulia)
                           to replace Mr Raffaele FITTO

               (b)

               as alternate members:

                           Ms Mercedes BRESSO
                           Presidente della Regione Piemonte
                           (President of the Region of Piedmont)
                           to replace Mr Enzo GHIGO

                           Mr Claudio BURLANDO
                           Presidente della Regione Liguria
                           (President of the Region of Liguria)
                           to replace Mr Giandomenico BARCI

                           Mr Vito DE FILIPPO
                           Presidente della Regione Basilicata
                           (President of the Region of Basilicata)
                           to replace Mr Filippo BUBBICO

                           Mr Ottaviano DEL TURCO
                           Presidente della Regione Abruzzo
                           (President of the Region of Abruzzo)
                           to replace Mr Giovanni PACE

                           Mr Agazio LOIERO
                           Presidente della Regione Calabria
                           (President of the Region of Calabria)
                           to replace Mr Giuseppe CHIARAVALLOTI

         Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the day of its adoption.

      Done at Brussels, 20 September 2005.

            For the Council

            The President

         M. BECKETT

      (1)  OJ L 24, 26.1.2002, p. 38.


				|

		52014PC0539

			Proposal for a COUNCIL DECISION establishing the position to be taken by the European Union within the Committee on Government Procurement on the withdrawal of the Union objections to the delisting of three entities from Japan's Annex 3 to Appendix I to the Agreement on Government Procurement /* COM/2014/0539 final - 2014/0249 (NLE) */

			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
In 2001 Japan notified to the GPA
Secretariat its intention to withdraw from its coverage under the WTO Agreement
on Government Procurement (GPA) the three Japanese Railway (JR) Honshu companies- the East Japan Railway Company, Central Japan
Railway Company and West Japan Railway Company which
are railway companies previously owned in majority by the Japanese government.
At that time the EU, other Parties filed in
objections to the delisting of those companies which were lifted between 2002
and 2006.
Various consultations took place between
the EU and Japan but concerns remained on the EU side, whereas all other GPA
Parties lifted their objections. Taking into account this situation, Annex 3 of
Japan's schedule under the revised GPA does not list the three companies but
includes a note specifying that the companies are nevertheless deemed to remain
covered until the EU withdraws the objection against the delisting of these
companies.
During the scoping exercise for the
EU-Japan Free Trade Agreement the EU expressed its readiness to lift the
objection to the delisting of the three Japanese companies, against the
background of the FTA negotiations on government procurement. This was the
approach adopted by the Council in the Roadmap on Railways and Urban Transport
that it endorsed together with the negotiating directives.
In the light of the positive development of
the FTA negotiations on railways procurement,  in particular the confirmation
by Japan of its intention to significantly revise the terms of application of
its GPA reservation on railways ( "Operational Safety Clause" as
stipulated under note 4 to Annex 2 and note 3(a) of Annex 3 of Japan) and to
promote transparent and non-discriminatory procurement practices by the three
JR Honshu companies, the European Union can withdraw its objections to the
delisting of those companies from the GPA coverage of Japan.
2.           LEGAL ELEMENTS OF THE
PROPOSAL
Both the 1994 and the revised GPA[1]
lay down simplified decision making procedures for the modification of the
lists of entities of each contracting party ("delisting"). Those
modifications take place through the GPA Committee, as the body responsible for
the operation of the GPA. Where there is no objection to the proposed
modification in the GPA Committee, the changes in the GPA parties' schedules
are accepted.  This decision will have legal effects for the GPA parties
concerned as it changes the rights and obligations of the parties constituted
under the agreement.
In the case of Japan's proposed "delisting" of the three
railway companies, all contracting parties accepted the modification by
abstaining from communicating objections to the Committee, with the exception
of two other GPA parties, which subsequently lifted their objections by means
of notifications.
It follows that all contracting parties but the EU have taken a
positive position in the context of the GPA Committee (either by abstaining
from formulating objections or by lifting objections). This amounts to
acceptance of Japan's proposed modification. However, since the EU maintains
its objection, the Committee as such cannot be said to have accepted the
modification. For this to happen, the EU must take a positive position in the
context of the GPA Committee, since the other contracting parties have already
done so.
The revised GPA includes a transitional provision to deal with the
situation in the GPA Committee. This is note 5 of Annex 3 to Japan's schedule in Appendix I of the GPA. By virtue of the note, the three railway
companies are deemed to be provisionally included as entities covered by the
GPA. However, the note shall cease to have effect once the EU notifies to the
GPA Committee that it withdraws its objection. There is therefore a continuum
between the events in the GPA Committee before the revised GPA entered into
force and afterwards. The non-objection by the other contracting parties has
furthermore been confirmed by means of their acceptance of the revised GPA
package as adopted by the GPA Committee.
A possible notification to the GPA Committee to lift the objections
should therefore be regarded as a change of the EU position (which so far has
been to object to Japan's modification) in the GPA Committee. A notification
from the EU constitutes the last requirement for the GPA Committee procedure to
come to an end with the collective acceptance of Japan's modification, which
would have legal effects for all GPA contracting parties, not only the EU.
Upon receipt of the EU notification, the matter will be on the
agenda on the GPA Committee meeting. In that meeting, the GPA Committee is
expected to act on the issue as to reflect the fact that in the light of the
change in the position by the EU as regards the railways companies, note 5 of Annex
3 of Japan's schedule ceases to have effect and to declare the completion of
the "delisting procedure". Later, the Committee would be expected to
receive a true and certified copy of Annex 3 to Japan's schedule from the GPA
Secretariat, reflecting the new situation.
Article 218(9) of the Treaty on the functioning of the European
Union (TFEU) provides that, when a decision having legal effect needs to be
taken in a body set up by an international agreement, the Council, on a
proposal from the Commission, should adopt a Decision establishing the position
to be adopted on the Union’s behalf. In the light of the above, the lifting of
the objections of the Union to the withdrawal of the three entities from
Japan's Annex 3 to Appendix I of the Agreement on Government Procurement falls
under this provision as  the decision is taken in a body set up by an
international agreement affecting the rights and obligations of the EU.
2014/0249 (NLE)
Proposal for a
COUNCIL DECISION
establishing the position to be taken by
the European Union within the Committee on Government Procurement on the
withdrawal of the Union objections to the delisting of three entities from Japan's Annex 3 to Appendix I to the Agreement on Government Procurement
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular the first subparagraph of Article
207(4) in conjunction with Article 218(9) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       On 29 August 2001 the
notification of Japan under Article XXIV:6(b) of the 1994 Agreement on
Government Procurement, (‘the GPA’) on the withdrawal of East Japan Railway
Company, Central Japan Railway Company and West Japan Railway Company from
Annex 3 to Appendix I of Japan was circulated to the Parties to the GPA.
(2)       On 1 October 2001 the
European Union objected, pursuant to Article XXIV:6(b) of the 1994 GPA, to the
proposed modifications as notified by Japan in order to examine thoroughly the
reasons for the intended delisting of those entities as some initial concerns occurred.
(3)       Despite the various
consultations which took place between the Union and Japan, the Union did not withdraw its objections contrary to all other objecting Parties.
(4)       During the revision of the
1994 GPA, account was taken of this situation. Japan did not list the three
concerned companies in its Annex 3 but included a note specifying that the
companies are deemed to be included in its Annex 3 until such time as the
European Union withdraws its objection against the delisting of these
companies.
(5)       In the framework of the
scoping exercise for the EU-Japan Free Trade Agreement and in line with the
approach adopted by the Council on the Roadmap on railways and urban transport and
without prejudice to any assessment of the level of competition on the Japanese
railway market, the Union expressed its readiness to withdraw the objection to
the delisting of the three Japanese companies, against the background of the
FTA negotiations on government procurement.
(6)       In the light of the
confirmation by Japan of its intention to significantly revise the terms of
application of the operational safety clause as stipulated in note 4 to Annex 2
and note 3(a) to Annex 3 in Japan's schedule in Appendix I to the  GPA and to
promote transparent and non-discriminatory procurement practices by the three
railway companies, the European Union should withdraw its objections to the
delisting of those companies.
(7)       The withdrawal of the
objections should be without prejudice to the Union's position in the GPA Committee
on the decision on indicative criteria that demonstrate the effective
elimination of government control or influence over an entity's covered
procurement, pursuant to Article XIX (8) of the revised GPA, in particular
whether government control or influence is effectively eliminated where the
entities concerned are not operating in a competitive environment.
(8)       It is appropriate,
therefore, to establish the position to be taken by the Union within the WTO Committee
on Government Procurement in relation to the withdrawal of the objections,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken by the European
Union within the Committee on Government Procurement of the World Trade
Organization is that the European Union shall withdraw the objections to the
withdrawal of the East Japan Railway Company, Central Japan Railway Company and
West Japan Railway Company from Japan's Annex 3 to Appendix I to the Agreement
on Government Procurement.
Article 2
This Decision shall enter into force on the
day of its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               2014/115/EU: Council Decision of 2 December 2013 on
the conclusion of the Protocol Amending the Agreement on Government
Procurement, OJ L 68, 7.3.2014, p. 1–1.


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community as originally constituted, meeting within the Council of 30 January 1975 opening tariff preferences for the products covered by that Community and originating in the Associated African States and Madagascar and the overseas countries and territories

text:
No L 26/ 10                           Official Journal of the European Communities                               31 . 1 . 75
               DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
               MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY
                    AS ORIGINALLY CONSTITUTED, MEETING WITHIN THE COUNCIL
                                                     of 30 January 1975
               opening tariff preferences for the products covered by that Community and originating
               in the Associated African States and Madagascar and the overseas countries and
                                                          territories
                                                        (75/90/ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS                              products covered by the European Coal and Steel
OF THE MEMBER STATES OF THE EUROPEAN                                Community and originating in the Associated
COAL AND STEEL COMMUNITY AS ORIGINALLY
                                                                    African States and Madagascar or the overseas
CONSTITUTED , MEETING WITHIN THE COUNCIL,                           countries and territories, or the levying of such
                                                                    duties, shall be suspended.
Whereas the Member States have concluded with
each other the Treaty establishing the European Coal                                        Article 2
and Steel Community;
Whereas the Agreement relating to the products                      The provisions laying down the rules of origin for
covered by the European Coal and Steel Community                    the application of the Convention of Association
concluded on 29 July 1969 between the Member                        between the European Economic Community as
States of that Community and the Associated African                 originally constituted and the African States and
States and Madagascar and the Agreement concluded                   Madagascar associated with that Community and for
on 14 December 1970 between the Member States of                    the implementation of Council Decision No 70/549/
that Community relating to trade with the overseas                  EEC of 29 September 1970 on the association of the
countries and territories in products covered by the                overseas countries and territories with the European
European Coal and Steel Community expire on 31                      Economic Community shall be applicable to the
January 1975 ;                                                      products referred to in Article 1 .
Whereas* in accordance with Article 109 ( 1 ), second                                       Article 3
subparagraph and Article 117 (2) of the Act of
Accession, the new Member States were not required                  The Member States shall decide by mutual
to accede to these Agreements ;                                     agreement on any safeguard measures as may be
                                                                    suggested by one or more Member States or by the
Having regard to Decision No 48/75 of the EEC                      Commission .
AASM Association Council on transitional measures
to be applied after 31 January 1975 and Council
Decision No 75/89/EEC (*) of 30 January 1975 on                                             Article 4
transitional measures to be applied after 31 January
1975 in relations with the overseas countries and                   This Decision shall expire at the same time as the
territories ;                                                       transitional measures provided for in Decision No
                                                                    48 /75 of the EEC-AASM Association Council and in
                                                                    Decision No 75/ 89/EEC.
Desiring to continue to apply the existing tariff
suspensions autonomously and concurrently;
                                                                                Article 5
In agreement with the Commission,
                                                                    The Member States shall take all the measures
                                                                    necessary to implement this Decision.
HAVE DECIDED AS FOLLOWS :
                           Article 1                                Done at Brussels, 30 January 1975 .
                                                                                The President
From 1 February 1975, the duties applicable in the
Community as originally constituted to imports of                                               G. FITZGERALD
 (*) See page 9 of this Official Journal.