title: Council Decision (CFSP) 2016/478 of 31 March 2016 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya

text:
               1.4.2016

               EN

               Official Journal of the European Union

               L 85/48

         COUNCIL DECISION (CFSP) 2016/478
   of 31 March 2016
   amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

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

               (2)

               On 16 March 2015, the Council recalled that only a political solution can provide a sustainable way forward and contribute to peace and stability in Libya and it referred inter alia to the importance of refraining from actions that could exacerbate current divisions.

               (3)

               The Council remains gravely concerned about the situation in Libya and in particular about acts that threaten the peace, security or stability of Libya, and that obstruct or undermine the successful completion of Libya's political transition, such as acts that obstruct the implementation of the Libyan Political Agreement of 17 December 2015 and the formation of a Government of National Accord, including through a repeated failure to take action by persons with political influence in Libya.

               (4)

               In view of the gravity of the situation in Libya, three additional persons should be added for a period of 6 months to the list of persons subject to restrictive measures as set out in Annexes II and IV to Decision (CFSP) 2015/1333.

               (5)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision (CFSP) 2015/1333 is amended as follows:

               (1)

               the persons listed in the Annex to this Decision are added to the list set out in Annexes II and IV;

               (2)

               in Article 17, the following paragraphs are added:
               ‘3.   The measures referred to in Article 8(2) shall apply with regard to entry numbers 16, 17 and 18 in Annex II until 2 October 2016.
               4.   The measures referred to in Article 9(2) shall apply with regard to entry numbers 21, 22 and 23 in Annex IV until 2 October 2016.’

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

      Done at Brussels, 31 March 2016.

            For the Council

            The President

         A.G. KOENDERS

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

      ANNEX

            ‘ANNEX II

               List of persons and entities referred to in Article 8(2)

            A.   PERSONS

                        Name

                        Identifying information

                        Reasons

                        Date of listing

                        16.

                        SALEH ISSA GWAIDER, Agila

                        d.o.b. 1944 (unconfirmed)

                        Agila Saleh has been President of the Libyan Council of Deputies in the House of Representatives since 5 August 2014.
                        On 17 December 2015 Saleh stated his opposition to the Libya Political Agreement signed on 17 December 2015.
                        As President of the Council of Deputies Saleh has obstructed and undermined the Libyan political transition, including by refusing to hold a vote in the House of Representatives on 23 February 2016 on the Government of National Accord (“GNA”).
                        On 23 February 2016 Saleh decided to create a committee which is expected to meet other members of the “Libyan-Libyan process” which is opposed to the Libya Political Agreement.

                        17.

                        GHWELL, Khalifa
                        a.k.a. AL GHWEIL, Khalifa
                        AL-GHAWAIL, Khalifa

                        d.o.b. 1964
                        Misratah

                        Khalifa Ghwell is the so-called “Prime Minister and Defence Minister” of the internationally unrecognised General National Congress (“GNC”) (also known as the “National Salvation Government”), and as such is responsible for their activities.
                        On 7 July 2015 Khalifa Ghwell showed his support for the Steadfastness Front (Alsomood), a new military force of 7 brigades to prevent a unity government from forming in Tripoli, by attending the signing ceremony to inaugurate the force with GNC “President” Nuri Abu Sahmain.
                        As GNC “Prime Minister” Ghwell has played a central role in obstructing the establishment of the GNA established under the Libya Political Agreement.
                        On 15 January 2016, in his capacity as the Tripoli GNC's “Prime minister and Minister of Defence”, Ghwell ordered the arrest of any members of the new Security Team, appointed by the prime minister designate of the Government of National Accord, who set foot in Tripoli.

                        18.

                        ABU SAHMAIN, Nuri
                        a.k.a. BOSAMIN, Nori
                        BO SAMIN, Nuri
                        BADI, Salahdin

                        d.o.b. 16.5.1956
                        Zouara/Zuwara Libya

                        Nuri Abu Sahmain is the so-called “President” of the internationally unrecognised General National Congress (“GNC”) (also known as the “National Salvation Government”), and as such is responsible for their activities.
                        As GNC “President”, Nuri Abu Sahmain has played a central role in obstructing and opposing the Libyan Political Agreement and the establishment of the Government of National Accord (“GNA”).
                        On 15 December 2015 Sahmain called for the postponement of the Libya Political Agreement scheduled to be agreed at a meeting on 17 December.
                        On 16 December 2015 Sahmain issued a statement that the GNC did not authorise any of its members to participate in the meeting or sign the Libya Political Agreement.
                        On 1 January 2016 Sahmain rejected the Libyan Political Agreement in talks with the United Nations Special Representative.’

            ‘ANNEX IV

               List of persons and entities referred to in Article 9(2)

            A.   PERSONS

                        Name

                        Identifying information

                        Reasons

                        Date of listing

                        21.

                        SALEH ISSA GWAIDER, Agila

                        d.o.b. 1944 (unconfirmed)

                        Agila Saleh has been President of the Libyan Council of Deputies in the House of Representatives since 5 August 2014.
                        On 17 December 2015 Saleh stated his opposition to the Libya Political Agreement signed on 17 December 2015.
                        As President of the Council of Deputies Saleh has obstructed and undermined the Libyan political transition, including by refusing to hold a vote in the House of Representatives on 23 February 2016 on the Government of National Accord.
                        On 23 February 2016 Saleh decided to create a committee which is expected to meet other members of the “Libyan-Libyan process” which is opposed to the Libya Political Agreement.

                        22.

                        GHWELL, Khalifa
                        a.k.a. AL GHWEIL, Khalifa
                        AL-GHAWAIL, Khalifa

                        d.o.b. 1964
                        Misratah

                        Khalifa Ghwell is the so-called “Prime Minister and Defence Minister” of the internationally unrecognised General National Congress (“GNC”) (also known as the “National Salvation Government”), and as such is responsible for their activities.
                        On 7 July 2015 Khalifa Ghwell showed his support for the Steadfastness Front (Alsomood), a new military force of 7 brigades to prevent a unity government from forming in Tripoli, by attending the signing ceremony to inaugurate the force with GNC “President” Nuri Abu Sahmain.
                        As GNC “Prime Minister” Ghwell has played a central role in obstructing the establishment of the Government of National Accord (“GNA”) established under the Libya Political Agreement.
                        On 15 January 2016, in his capacity as the Tripoli GNC's “Prime minister and Minister of Defence”, Ghwell ordered the arrest of any members of the new Security Team, appointed by the prime minister designate of the Government of National Accord, who set foot in Tripoli.

                        23.

                        ABU SAHMAIN, Nuri
                        a.k.a. BOSAMIN, Nori
                        BO SAMIN, Nuri
                        BADI, Salahdin

                        d.o.b. 16.5.1956
                        Zouara/Zuwara Libya

                        Nuri Abu Sahmain is the so-called “President” of the internationally unrecognised General National Congress (“GNC”) (also known as the “National Salvation Government”), and as such is responsible for their activities.
                        As GNC President, Nuri Abu Sahmain has played a central role in obstructing and opposing the Libyan Political Agreement and the establishment of the Government of National Accord (“GNA”).
                        On 15 December 2015 Sahmain called for the postponement of the Libya Political Agreement scheduled to be agreed at a meeting on 17 December.
                        On 16 December 2015 Sahmain issued a statement that the GNC did not authorise any of its members to participate in the meeting or sign the Libya Political Agreement.
                        On 1 January 2016 Sahmain rejected the Libyan Political Agreement in talks with the United Nations Special Representative.’


title: Council Decision of 25 February 2008 appointing the Luxembourg member of the Governing Board of the European Centre for the Development of Vocational Training

text:
               5.3.2008

               EN

               Official Journal of the European Union

               C 60/1

      COUNCIL DECISION

   of 25 February 2008
   appointing the Luxembourg member of the Governing Board of the European Centre for the Development of Vocational Training
   (2008/C 60/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training (1), and in particular Article 4 thereof,
   Having regard to the nomination submitted by the Luxembourg Government,
   Whereas:

               (1)

               By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

               (2)

               A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Gilbert ENGEL.

               (3)

               The Luxembourg member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2009,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:
   GOVERNMENT REPRESENTATIVES
   Luxembourg: Mr Nic ALFF.

      Done at Brussels, 25 February 2008.

            For the Council

            The President

         A. VIZJAK

      (1)  OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

      (2)  OJ C 240, 5.10.2006, p. 1.


title: 2013/624/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/363

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011
   (2013/624/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011, together with the replies of the Joint Undertaking (1),

               —

               having regard to the conclusions of the European Parliament Joint Delegation of the Committee on Budgets and the Committee on Budgetary Control to ITER in Cadarache of 16-18 May 2011,

               —

               having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               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 Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (4), and in particular Article 5(3) thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0077/2013),

               1.

               Grants the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 6, 10.1.2013, p. 36.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 90, 30.3.2007, p. 58.

      (5)  OJ L 357, 31.12.2002, p. 72.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with observations forming an integral part of its Decision on discharge for the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2011, together with the replies of the Joint Undertaking (1),

                  —

                  having regard to the conclusions of the European Parliament Joint Delegation of the Committee on Budgets and the Committee on Budgetary Control to ITER in Cadarache of 16-18 May 2011,

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

                  —

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

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  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 Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (4), and in particular Article 5(3) thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0077/2013),

                  A.

                  whereas the European Joint Undertaking for ITER and the Development of Fusion Energy (‘the Joint Undertaking’) was set up in March 2007 for a period of 35 years,

                  B.

                  whereas the Joint Undertaking started to work autonomously on March 2008,

                  C.

                  whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts of the Joint Undertaking for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  D.

                  whereas on 9 October 2008 the Court of Auditors delivered Opinion No 4/2008 on the Joint Undertaking’s Financial Regulation,

                  E.

                  whereas at the creation of the Joint Undertaking the indicative total resources deemed necessary for the period 2007 to 2014 were EUR 9 653 000 000;

         Budgetary and financial management

                  1.

                  Notes that the annual accounts of the Joint Undertaking fairly present, in all material respects, its financial position as of 31 December 2011 and the results of its operations and its cash flows for the year then ended, in accordance with the provisions of its Financial Regulation;

                  2.

                  Acknowledges that the transactions underlying the annual accounts of the Joint Undertaking for the financial year 2011 are, in all material respects, legal and regular;

                  3.

                  Notes that the utilisation rates for the available commitment and payment appropriations were 99,7 % and 85,7 % respectively; points out that out of EUR 611 000 000 of commitment appropriations available for operational activities, 42 % were implemented through direct individual commitments while the remaining 58 % were implemented through global commitments;

                  4.

                  Welcomes the appointment of the Head of the ITER Department, the Head of Administration and the Head of the Budget and Finance unit in 2011 following the adaptation of the management improvement plan to separate financial and operational functions in 2010;

                  5.

                  Regrets that the Joint Undertaking’s Internal Auditor raised concerns about the financial circuits and moreover the separation of duties; urges the Joint Undertaking to put in place without delay a proper systematisation of the financial circuits and to segregate all duties that are incompatible;

                  6.

                  Expects the Joint Undertaking to:

                              —

                              fully implement and make use of an integrated tool to administer budget, financial and operational information;

                              —

                              fully implement the action plans adopted by the Joint Undertaking in response to the internal audits on the financial circuits, grant management and experts contracts;

                              —

                              complete the validation of the underlying systems by the accounting officer;

                              —

                              adopt a comprehensive ex post audit strategy for grants and operational contracts;

                              —

                              carry out a risk management exercise at corporate level;

         Procurement and grants

                  7.

                  Emphasises the fact that, as already pointed out in the Court of Auditors’ 2010 report, the Joint Undertaking needs to enhance its efforts to increase competition as the number of offers received for the operational procurement procedures signed in 2011 was still low and amounted to two on average while for grants the average number of proposals received was only one per call; acknowledges that the Joint Undertaking’s nature of work is characterised by the procurement of high technological components, never built before and without any commercial value, designed for the construction of an experimental fusion reactor in an extremely complex market in which monopoly or oligopoly situations are predominant; reiterates that the Joint Undertaking must find value for money in all possible acquisitions;

                  8.

                  Regrets that in one case, the decision to cancel an open procedure and to use a negotiated procedure was not duly justified while in another case, the Joint Undertaking decided to negotiate with two companies which submitted offers under the open procedure (although one of them was not technically compliant); further regrets that in another situation both the choice of the negotiated procedure and the quantities and price contracted were not duly justified;

                  9.

                  Is concerned that the Court of Auditors’ audit has confirmed the findings of an internal audit carried out in 2011 in the area of procurement, notably:

                              —

                              the pre-information notice is not used as an instrument for increasing ex ante publicity of forthcoming tenders;

                              —

                              there is no system to track and manage changes in the contract requirements and thus identify and remedy cost deviations;

                              —

                              the duration of the procurement process is often excessive and there are inefficiencies in preparing tender documents;

                              —

                              cost estimates are not well documented;

                  10.

                  Calls, in this respect, for a detailed progress report which makes specific proposals to gradually rectify these shortcomings;

                  11.

                  Deplores the fact that the Court of Auditors’ audit also revealed that the ex ante control procedures applied to payments made under contracts and grant agreements are not sufficiently documented;

         Quality assurance audits and ex post controls on procurement and grants

                  12.

                  Is concerned by the fact that while the Joint Undertaking has a system to perform audits at the level of contractors with the aim of checking compliance with the quality assurance requirements the scope of these audits does not cover the financial aspects of the implementation of the contracts; calls the Joint Undertaking to ensure that the audit system scope covers the protection of the financial interest of the Joint Undertaking covering financial and contractual aspects;

                  13.

                  Takes note that despite having started in 2011 the ex post controls to assess the legality and regularity of the implementation of grants awarded the Joint Undertaking lacks an overall ex post control strategy to cover the implementation of grant contracts and procurement contracts; urges the Joint Undertaking to define and implement an overall ex post control strategy that covers in full their expended budgetary resources;

         Intellectual property rights and Industrial Policy

                  14.

                  Acknowledges that on 28 March 2012, the Governing Board adopted the Joint Undertaking’s policy on intellectual property rights and dissemination of information; notes, however, that the Governing Board has not yet adopted the industrial policy required under the Statutes;

         Late payment of membership contributions

                  15.

                  Deplores the fact that payment of the 2011 contributions by 12 members were subject to delays;

                  16.

                  Considers it to be essential that the deadline for paying membership contributions is respected by all Members of the Joint Undertaking; supports the fact that those measures were approved by the Governing Board for interest to be levied on Annual Membership Contribution in the event of late payment;

         Commission Internal Audit Service

                  17.

                  Notes that the mission charter of the Commission’s Internal Audit Service was adopted by the Governing Board on 25 November 2011 together with a coordinated strategic audit plan for 2012-2014 and its Financial Regulation has been amended accordingly to introduce the provisions of the framework Regulation referring to the powers of the Commission’s Internal Auditor; recalls that the Joint Undertaking started to work autonomously on March 2008;

         Financial Regulation and Implementing Rules

                  18.

                  Welcomes the fact that at its meeting of 1 June 2011 the Joint Undertaking’s Governing Board decided to broadly accept the observations (37 recommendations were fully accepted, 11 accepted with comments and only two rejected) of the Court of Auditors’ Opinion No 4/2008 on Fusion for Energy’s Financial Regulation;

                  19.

                  Takes note that the Court of Auditors considers that certain provisions in the Joint Undertaking’s implementing rules depart from the implementing rules of the Union Financial Regulation without sufficient justification; welcomes the Joint Undertaking’s clarification that the amended implementing rules provide sufficient guidance for the implementation of the activities the Joint Undertaking in what respects for instance the conditions to raise and grant loans or the rules for valuing in-kind contributions;

         Union contribution to ITER construction phase

                  20.

                  Recalls that in July 2010, the Council revised the budget estimate of the Joint Undertaking’s contribution for the construction phase to EUR 6 600 000 000 (2008 value), thus doubling the initial estimate; is concerned that the Joint Undertaking is realising an exercise to align all the incurred cost up to date to the 2008 values in order to be able to establish the potential deviations from that budget estimates; takes note that the Joint Undertaking implemented a tool to regularly monitor the validity of the estimates and report on potential deviations; expects the Joint Undertaking to inform the discharge authority of the results of that analysis;

         Host State agreement

                  21.

                  Recognises that although a Host State agreement on the site and support, privileges and immunities was signed between the Kingdom of Spain and the Joint Undertaking, the permanent premises were yet not made available to the Joint Undertaking; notes, however, that the Joint Undertaking continues to occupy temporary premises sponsored by the Kingdom of Spain;

         Other issues

                  22.

                  Reiterates its invitation for the Court of Auditors to provide, within a reasonable deadline, a special report to Parliament on common issues which occur due to the nature of the joint undertakings, and which should be addressed by the joint undertakings together with their partners in order to ensure their added value and efficient execution of Union research, technological development and demonstration programmes; notes, furthermore, that that report should include an assessment of the effectiveness of the joint undertakings’ establishment and structure.

         (1)  OJ C 6, 10.1.2013, p. 36.

         (2)  OJ L 248, 16.9.2002, p. 1.

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

         (4)  OJ L 90, 30.3.2007, p. 58.

         (5)  OJ L 357, 31.12.2002, p. 72.


Avis juridique important

|

32002D0650

Commission Decision of 28 June 2002 concerning the conclusion of an Agreement amending the Agreement between the European Community and Australia on trade in wine (notified under document number C(2002) 2391) (2002/650/EC)

Official Journal L 213 , 09/08/2002 P. 0043 - 0043

Commission Decisionof 28 June 2002concerning the conclusion of an Agreement amending the Agreement between the European Community and Australia on trade in wine(notified under document number C(2002) 2391)(2002/650/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 94/184/EC of 24 January 1994 concerning the conclusion of an Agreement between the European Community and Australia on trade in wine(1), and in particular Article 3 thereof,Having regard to the Agreement between the European Community and Australia on trade in wine signed in Brussels and in Canberra respectively on 26 and 31 January 1994(2), as last amended by the Agreement of 25 July 2001(3), and in particular Article 17(2) thereof,Whereas:(1) The Commission has negotiated, on behalf of the Community, an amendment of the above Agreement aiming to extend, until 30 June 2003, the provisional authorisation granted to Australian wines treated with cation exchange resins.(2) The Management Committee for Wine has not delivered an opinion within the time limit laid down by its Chairman,HAS DECIDED AS FOLLOWS:Article 1The Agreement amending the Agreement between the European Community and Australia on trade in wine is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2This Decision and the Agreement referred to in Article 1 shall be published in the Official Journal of the European Communities.Done at Brussels, 28 June 2002.For the CommissionFranz FischlerMember of the Commission(1) OJ L 86, 31.3.1994, p. 1.(2) OJ L 86, 31.3.1994, p. 3.(3) OJ L 208, 1.8.2001, p. 46.


title: Council Decision (CFSP) 2015/363 of 5 March 2015 concerning the temporary reception by Member States of the European Union of certain Palestinians

text:
               6.3.2015

               EN

               Official Journal of the European Union

               L 62/24

         COUNCIL DECISION (CFSP) 2015/363
   of 5 March 2015
   concerning the temporary reception by Member States of the European Union of certain Palestinians
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 and Article 31(1) thereof,
   Whereas:

               (1)

               On 31 January 2013, the Council adopted Decision 2013/71/CFSP concerning the temporary reception by Member States of the European Union of certain Palestinians (1), which provided for an extension of the validity of their national permits for entry into, and stay in, the territory of the Member States referred to in Council Common Position 2002/400/CFSP (2) for a further period of 12 months.

               (2)

               On the basis of an evaluation of the application of Common Position 2002/400/CFSP, the Council considers it appropriate that the validity of those permits be extended for a further period of 24 months,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Member States referred to in Article 2 of Common Position 2002/400/CFSP shall extend the validity of national permits for entry and stay granted pursuant to Article 3 of that Common Position for a further period of 24 months, starting from 31 January 2014.
   Article 2
   The Council shall evaluate the application of Common Position 2002/400/CFSP within six months of the adoption of this Decision.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 5 March 2015.

            For the Council

            The President

         D. REIZNIECE-OZOLA

      (1)  Council Decision 2013/71/CFSP of 31 January 2013 concerning the temporary reception by Member States of the European Union of certain Palestinians (OJ L 32, 1.2.2013, p. 19).

      (2)  Council Common Position 2002/400/CFSP of 21 May 2002 concerning the temporary reception by Member States of the European Union of certain Palestinians (OJ L 138, 28.5.2002, p. 33).


title: Council Decision 2008/665/CFSP of 9 June 2008 concerning the conclusion of the Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA)

text:
               13.8.2008

               EN

               Official Journal of the European Union

               L 217/18

         COUNCIL DECISION 2008/665/CFSP
   of 9 June 2008
   concerning the conclusion of the Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 15 October 2007, the Council adopted Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic (1) (Operation EUFOR Tchad/RCA).

               (2)

               Article 10(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of an agreement, in accordance with Article 24 of the Treaty.

               (3)

               Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy, negotiated an Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in Operation EUFOR Tchad/RCA, hereinafter referred to as ‘the Agreement’.

               (4)

               The Agreement should be approved on behalf of the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military operation in the Republic of Chad and in the Central African Republic (EUFOR Tchad/RCA) is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 9 June 2008.

            For the Council

            The President

         M. COTMAN

      (1)  OJ L 279, 23.10.2007, p. 21.
    ---documentbreak---

               13.8.2008

               EN

               Official Journal of the European Union

               L 217/19

         AGREEMENT
   between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA)
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE REPUBLIC OF ALBANIA,
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:
   the adoption by the Council of the European Union of Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA),
   the invitation to the Republic of Albania to participate in the EU-led operation,
   the successful completion of the Force Generation Process and the recommendation by the EU Operation Commander and the EU Military Committee to agree on the participation of the Republic of Albania's forces in the EU-led operation,
   the Political and Security Committee Decision CHAD/1/2008 of 13 February 2008 on the acceptance of third States' contributions to the European Union military operation in the Republic of Chad and in the Central African Republic (1),
   the Political and Security Committee Decision CHAD/2/2008 of 18 March 2008 on the setting up of the Committee of contributors for the European Union military operation in the Republic of Chad and in the Central African Republic (2),
   HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the operation
   1.   The Republic of Albania shall associate itself with Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU military crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution by the Republic of Albania to the EU military crisis management operation shall be without prejudice to the decision-making autonomy of the European Union.
   3.   The Republic of Albania shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in accordance with:

               —

               Joint Action 2007/677/CFSP and possible subsequent amendments,

               —

               the Operation Plan,

               —

               any implementing measures.

         4.   Forces and personnel seconded to the operation by the Republic of Albania shall carry out their duties and conduct themselves solely with the interest of the EU military crisiss management operation in mind.
   5.   The Republic of Albania shall inform the EU Operation Commander in due time of any change in its participation in the operation.
   Article 2
   Status of forces
   1.   The status of the forces and personnel contributed to the EU military crisis management operation by the Republic of Albania shall be governed by the provisions on the status of forces, if available, agreed between the European Union and the States concerned.
   2.   The status of the forces and personnel contributed to headquarters or command elements located outside the Republic of Chad and the Central African Republic shall be governed by arrangements between the headquarters and command elements concerned and the Republic of Albania.
   3.   Without prejudice to the provisions on the status of forces referred to in paragraph 1, the Republic of Albania shall exercise jurisdiction over its forces and personnel participating in the EU military crisis management operation.
   4.   The Republic of Albania shall be responsible for answering any claims linked to participation in the EU military crisis management operation, from or concerning any of its forces and personnel. The Republic of Albania shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.
   5.   The Republic of Albania undertakes to make a declaration regarding the waiver of claims against any State participating in the EU military crisis management operation, and to do so when signing this Agreement.
   6.   The European Union undertakes to ensure that Member States make a declaration regarding the waiver of claims, for the participation of the Republic of Albania in the EU military crisis management operation, and to do so when signing this Agreement.
   Article 3
   Classified information
   1.   The Republic of Albania shall take appropriate measures to ensure that EU classified information is protected in accordance with the security regulations of the Council of the European Union, as set out in the Annex to Council Decision 2001/264/EC of 19 March 2001 (3), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.
   2.   Where the European Union and the Republic of Albania have concluded an agreement on security procedures for the exchange of classified information, the provisions of that agreement shall apply in the context of the EU military crisis management operation.
   Article 4
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander shall be entitled to delegate his authority.
   3.   The Republic of Albania shall have the same rights and obligations in terms of the day-to-day management of the operation as participating EU Member States.
   4.   The EU Operation Commander may at any time, following consultations with the Republic of Albania, request the withdrawal of the Republic of Albania's contribution.
   5.   A Senior Military Representative (hereinafter referred to as SMR) shall be appointed by the Republic of Albania to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 5
   Financial aspects
   1.   The Republic of Albania shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement and in Council Decision 2007/384/CFSP of 14 May 2007 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (4).
   2.   In the event of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Republic of Albania shall, when its liability has been established, pay compensation under the conditions laid down in the provisions on the status of forces, if available, as referred to in Article 2(1) of this Agreement.
   Article 6
   Arrangements to implement the Agreement
   Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authorities of the Republic of Albania.
   Article 7
   Non-compliance
   Should one of the Parties fail to comply with its obligations as laid down in Articles 1 to 6, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 8
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 9
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be applied provisionally from the date of signature.
   3.   This Agreement shall remain in force for the duration of the Republic of Albania's contribution to the operation.

      Done at Paris, on 13 July 2008 in the English language in four copies.

            For the European Union

            For the Republic of Albania

      (1)  OJ L 56, 29.2.2008, p. 64. Decision as amended by Decision CHAD/3/2008 (OJ L 144, 4.6.2008, p. 82).

      (2)  OJ L 107, 17.4.2008, p. 60. Decision as amended by Decision CHAD/3/2008.

      (3)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2007/438/EC (OJ L 164, 26.6.2007, p. 24).

      (4)  OJ L 152, 13.6.2007, p. 14.
   DECLARATIONS REFERRED TO IN ARTICLE 2(5) AND (6) OF THE AGREEMENT
   Declaration by the EU Member States:
   ‘The EU Member States applying Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Republic of Albania for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the Republic of Albania in the execution of their duties in connection with the EU crisis management operation, except in the event of gross negligence or wilful misconduct, or,

               —

               arose from the use of any assets owned by the Republic of Albania, provided that the assets were used in connection with the operation and except in the event of gross negligence or wilful misconduct of EU crisis management operation personnel from the Republic of Albania when using those assets.’

         Declaration by the Republic of Albania:
   ‘The Republic of Albania, associating itself with Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA), will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in the event of gross negligence or wilful misconduct, or,

               —

               arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in the event of gross negligence or wilful misconduct of the EU crisis management operation personnel when using those assets.’


Avis juridique important

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31989D0496

89/496/EEC: Decision of the European Parliament of 13 April 1989 granting discharge to the Commission in respect of the financial management of the fourth European Development Fund during the 1987 financial year

Official Journal L 247 , 23/08/1989 P. 0009 - 0009

DECISION OF THE EUROPEAN PARLIAMENT of 13 April 1989 granting discharge to the Commission in respect of the financial management of the fourth European Development Fund during the 1987 financial year (89/496/EEC)THE EUROPEAN PARLIAMENT,   - having regard to the Treaty establishing the European Economic Community,  - having regard to the first ACP-EEC Lomé Convention (1),  - having regard to the balance sheets and accounts of the third, fourth, fifth and sixth European Development Funds for the 1987 financial year (COM(88) 219 final),  - having regard to the report of the Court of Auditors concerning the 1987 financial year accompanied by the Institutions' replies (2),  - having regard to the Council recommendation relating to the granting of this discharge,  - having regard to the Treaty of 22 July 1975 which authorizes the European Parliament to grant discharge in respect of the Community's financial activities,  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 2-19/89),  1.  Grants discharge to the Commission in respect of the financial management of the fourth European Development Fund during the 1987 financial year on the basis of the following amount:  - payments: ECU 70 199 737,01;  2.  Records its observations in the resolution accompanying this Decision (3);  3.  Instructs its President to forward this Decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to arrange for their publication in the Official Journal of  the European Communities (L series).  Done at Strasbourg, 13 April 1989.     The Secretary-General Enrico VINCI The President Lord PLUMB   (1) OJ No L 25, 30. 1. 1976, p. 1. (2) OJ No C 316, 12. 12. 1988, p. 1. (3) See page 12 of this Official Journal.


title: Council Decision 2012/333/CFSP of 25 June 2012 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Decision 2011/872/CFSP

text:
               26.6.2012

               EN

               Official Journal of the European Union

               L 165/72

         COUNCIL DECISION 2012/333/CFSP
   of 25 June 2012
   updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Decision 2011/872/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

               (2)

               On 22 December 2011, the Council adopted Decision 2011/872/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (2).

               (3)

               In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to carry out a complete review of the list of persons, groups and entities to which Decision 2011/872/CFSP applies.

               (4)

               This Decision sets out the result of the review that the Council has carried out in respect of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

               (5)

               The Council has concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein.

               (6)

               The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly, and Decision 2011/872/CFSP should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply shall be that set out in the Annex to this Decision.
   Article 2
   Decision 2011/872/CFSP is hereby repealed.
   Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 25 June 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 344, 28.12.2001, p. 93.

      (2)  OJ L 343, 23.12.2011, p. 54.

      ANNEX

         List of persons, groups and entities referred to in Article 1

      1.   Persons

                  1.

                  ABDOLLAHI Hamed (a.k.a Mustafa Abdullahi), born August 11, 1960 in Iran. Passport: D9004878.

                  2.

                  AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia

                  3.

                  AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia

                  4.

                  ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born March 6 or 15, 1955 in Iran. Iranian and US national. Passport: C2002515 (Iran); Passport: 477845448 (USA). National ID no.: 07442833, expiry date 15 March 2016 (USA driving licence).

                  5.

                  BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) – member of the "Hofstadgroep"

                  6.

                  FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

                  7.

                  IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon

                  8.

                  MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555

                  9.

                  SHAHLAI Abdul Reza (a.k.a Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran.

                  10.

                  SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran

                  11.

                  SOLEIMANI Qasem (a.k.a Ghasem Soleymani, a.k.a Qasmi Sulayman, a.k.a Qasem Soleymani, a.k.a Qasem Solaimani, a.k.a Qasem Salimani, a.k.a Qasem Solemani, a.k.a Qasem Sulaimani, a.k.a Qasem Sulemani), born March 11, 1957 in Iran. Iranian national. Passport: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

                  12.

                  WALTERS, Jason Theodore James (a.k.a. Abdullah, a.k.a. David), born 6.3.1985 in Amersfoort (The Netherlands), passport (The Netherlands) No. NE8146378 – member of the "Hofstadgroep"

            2.   Groups and entities

                  1.

                  "Abu Nidal Organisation" – "ANO" (a.k.a. "Fatah Revolutionary Council", a.k.a. "Arab Revolutionary Brigades", a.k.a. "Black September", a.k.a. "Revolutionary Organisation of Socialist Muslims")

                  2.

                  "Al-Aqsa Martyrs' Brigade"

                  3.

                  "Al-Aqsa e.V."

                  4.

                  "Al-Takfir" and "Al-Hijra"

                  5.

                  "Babbar Khalsa"

                  6.

                  "Communist Party of the Philippines", including "New People's Army" – "NPA", Philippines

                  7.

                  "Gama'a al-Islamiyya" (a.k.a. "Al-Gama'a al-Islamiyya") ("Islamic Group" – "IG")

                  8.

                  "İslami Büyük Doğu Akıncılar Cephesi" – "IBDA-C" ("Great Islamic Eastern Warriors Front")

                  9.

                  "Hamas", including "Hamas-Izz al-Din al-Qassem"

                  10.

                  "Hizbul Mujahideen" – "HM"

                  11.

                  "Hofstadgroep"

                  12.

                  "Holy Land Foundation for Relief and Development"

                  13.

                  "International Sikh Youth Federation" – "ISYF"

                  14.

                  "Khalistan Zindabad Force" – "KZF"

                  15.

                  "Kurdistan Workers' Party" – "PKK", (a.k.a. "KADEK", a.k.a. "KONGRA-GEL‧)

                  16.

                  "Liberation Tigers of Tamil Eelam" – "LTTE"

                  17.

                  "Ejército de Liberación Nacional" ("National Liberation Army")

                  18.

                  "Palestinian Islamic Jihad" – "PIJ"

                  19.

                  "Popular Front for the Liberation of Palestine" – "PFLP"

                  20.

                  "Popular Front for the Liberation of Palestine – General Command" (a.k.a. "PFLP – General Command")

                  21.

                  "Fuerzas armadas revolucionarias de Colombia" – "FARC" ("Revolutionary Armed Forces of Colombia")

                  22.

                  "Devrimci Halk Kurtuluș Partisi-Cephesi" – "DHKP/C" (a.k.a. "Devrimci Sol" ("Revolutionary Left"), a.k.a. "Dev Sol") ("Revolutionary People's Liberation Army/Front/Party")

                  23.

                  "Sendero Luminoso" – "SL" ("Shining Path")

                  24.

                  "Stichting Al Aqsa" (a.k.a. "Stichting Al Aqsa Nederland", a.k.a. "Al Aqsa Nederland")

                  25.

                  "Teyrbazen Azadiya Kurdistan" – "TAK" (a.k.a. "Kurdistan Freedom Falcons", a.k.a. "Kurdistan Freedom Hawks")


title: 2006/530/EC: Council Decision of  9 June 2006  on the conclusion of the Agreement between the European Community and Ukraine on certain aspects of air services

text:
               1.8.2006

               EN

               Official Journal of the European Union

               L 211/39

      COUNCIL DECISION

   of 9 June 2006
   on the conclusion of the Agreement between the European Community and Ukraine on certain aspects of air services
   (2006/530/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1).
   Whereas:

               (1)

               By its decision of 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated, on behalf of the Community, an agreement with Ukraine on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the said Council Decision.

               (3)

               The Agreement has been signed, on behalf of the Community, on 1 December 2005 subject to its possible conclusion at a later date, in accordance with the Council Decision of 28 November 2005.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Agreement between the European Community and Ukraine on certain aspects of air services is hereby approved on behalf of the Community.
   2.   The text of the Agreement is attached to this Decision (2).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 9(1) of the Agreement.

      Done at Luxembourg, 9 June 2006.

            For the Council

            The President

         H. GORBACH

      (1)  Opinion delivered on 14 March 2006 (not yet published in the Official Journal).

      (2)  See page 24 of this Official Journal.


title: Council Decision 2011/133/CFSP of 21 February 2011 on the signing and conclusion of the Agreement between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations

text:
               2.3.2011

               EN

               Official Journal of the European Union

               L 57/1

         COUNCIL DECISION 2011/133/CFSP
   of 21 February 2011
   on the signing and conclusion of the Agreement between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, in particular Article 37 thereof, and the Treaty on the Functioning of the European Union, in particular Article 218(5) and (6) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy (‘HR’),
   Whereas:

               (1)

               Conditions regarding the participation of third States in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.

               (2)

               Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the HR negotiated an agreement between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations (‘the Agreement’).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations (‘the Agreement’) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   The Agreement shall be applied on a provisional basis as from the date of signature thereof, pending the completion of the procedures for its conclusion (1).
   Article 4
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16(1) of the Agreement.
   Article 5
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 February 2011.

            For the Council

            The President

         C. ASHTON

      (1)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      AGREEMENT
      between the European Union and Montenegro establishing a framework for the participation of Montenegro in European Union crisis management operations
      THE EUROPEAN UNION,
      of the one part, and
      MONTENEGRO,
      of the other part,
      hereinafter referred to as the ‘Parties’,
      Whereas:
      The European Union (EU) may decide to take action in the field of crisis management.
      The EU will decide whether third States will be invited to participate in EU crisis management operations.
      Conditions regarding the participation of Montenegro in EU crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.
      Such an agreement should be without prejudice to the decision-making autonomy of the EU, and should not prejudge the case-by-case nature of the decisions of Montenegro to participate in EU crisis management operations.
      Such an agreement should only address future EU crisis management operations and should be without prejudice to any existing agreements regulating the participation of Montenegro in EU crisis management operations that have already been deployed,
      HAVE AGREED AS FOLLOWS:
      SECTION I

         GENERAL PROVISIONS

      Article 1
      Decisions relating to the participation
      1.   Following the decision of the European Union (EU) to invite Montenegro to participate in an EU crisis management operation, and once Montenegro has decided to participate, Montenegro shall provide information on its proposed contribution to the EU.
      2.   The assessment by the EU of Montenegro’s contribution shall be conducted in consultation with Montenegro.
      3.   The EU shall provide Montenegro with an early indication of the latter’s likely contribution to the common costs of the operation as soon as possible with a view to assisting Montenegro in the formulation of its offer.
      4.   The EU shall communicate the outcome of that assessment to Montenegro by a letter with a view to securing the participation of Montenegro in accordance with the provisions of this Agreement.
      Article 2
      Framework
      1.   Montenegro shall associate itself with the Council Decision by which the Council of the European Union decides that the EU will conduct the crisis management operation, and with any other decision by which the Council of the European Union decides to extend the EU crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
      2.   The contribution of Montenegro to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the EU.
      Article 3
      Status of personnel and forces
      1.   The status of personnel seconded to an EU civilian crisis management operation and/or of the forces contributed to an EU military crisis management operation by Montenegro shall be governed by the agreement on the status of mission/forces, if concluded, between the EU and the State(s) in which the operation is conducted.
      2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation is conducted, shall be governed by arrangements between the headquarters and command elements concerned and Montenegro.
      3.   Without prejudice to the agreement on the status of mission/forces referred to in paragraph 1, Montenegro shall exercise jurisdiction over its personnel participating in the EU crisis management operation.
      4.   Montenegro shall be responsible for answering any claims linked to the participation in an EU crisis management operation, from or concerning any of its personnel. Montenegro shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations. A model for such declaration is annexed to this Agreement.
      5.   The Parties agree to waive any and all claims, other than contractual claims, against each other for damage to, loss, or destruction of assets owned/operated by either Party, or injury or death to personnel of either Party, arising out of the performance of their official duties in connection with activities under this Agreement, except in the case of gross negligence or wilful misconduct.
      6.   Montenegro undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which Montenegro participates, and to do so when signing this Agreement.
      7.   The EU undertakes to ensure that its Member States make a declaration as regards the waiver of claims, for any future participation of Montenegro in an EU crisis management operation, and to do so when signing this Agreement.
      Article 4
      Classified information
      The Agreement between the Government of Montenegro and the EU on the security of classified information, done at Brussels on 13 September 2010, shall apply in the context of EU crisis management operations.
      SECTION II

         PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS MANAGEMENT OPERATIONS

      Article 5
      Personnel seconded to an EU civilian crisis management operation
      1.   Montenegro shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in accordance with:

                  (a)

                  the Council Decision and subsequent amendments as referred to in Article 2(1);

                  (b)

                  the Operation Plan;

                  (c)

                  implementing measures.

            2.   Montenegro shall inform in due time the Head of Mission of the EU civilian crisis management operation (hereinafter ‘Head of Mission’) and the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter ‘HR’) of any change to its contribution to the EU civilian crisis management operation.
      3.   Personnel seconded to the EU civilian crisis management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from Montenegro. Personnel seconded to the EU civilian crisis management operation shall produce a copy of that certification.
      Article 6
      Chain of command
      1.   Personnel seconded by Montenegro shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.
      2.   All personnel shall remain under the full command of their national authorities.
      3.   National authorities shall transfer operational control to the EU.
      4.   The Head of Mission shall assume responsibility and exercise command and control of the EU civilian crisis management operation at theatre level.
      5.   The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.
      6.   Montenegro shall have the same rights and obligations in terms of day-to-day management of the operation as EU Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).
      7.   The Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
      8.   A National Contingent Point of Contact (‘NPC’) shall be appointed by Montenegro to represent its national contingent in the operation. The NPC shall report to the Head of Mission on national matters and shall be responsible for day-to-day discipline of the contingent.
      9.   The decision to end the operation shall be taken by the EU, following consultation with Montenegro if it is still contributing to the EU civilian crisis management operation at the date of termination of the operation.
      Article 7
      Financial aspects
      1.   Without prejudice to Article 8, Montenegro shall assume all the costs associated with its participation in the operation apart from the running costs, as set out in the operational budget of the operation.
      2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Montenegro shall, when its liability has been established, pay compensation under the conditions foreseen in the applicable agreement on the status of mission referred to in Article 3(1).
      Article 8
      Contribution to operational budget
      1.   Montenegro shall contribute to the financing of the operational budget of an EU civilian crisis management operation.
      2.   The financial contribution of Montenegro to the operational budget shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:

                  (a)

                  the share of the reference amount which is in proportion to the ratio of Montenegro’s GNI to the total GNIs of all States contributing to the operational budget of the operation; or

                  (b)

                  the share of the reference amount for the operational budget which is in proportion to the ratio of the number of personnel from Montenegro participating in the operation to the total number of personnel of all States participating in the operation.

            3.   Notwithstanding paragraphs 1 and 2, Montenegro shall not make any contribution towards the financing of per diem allowances paid to personnel of the EU Member States.
      4.   Notwithstanding paragraph 1, the EU shall, in principle, exempt Montenegro from financial contributions to a particular EU civilian crisis management operation when:

                  (a)

                  the EU decides that Montenegro provides a significant contribution which is essential for this operation; or

                  (b)

                  Montenegro has a GNI per capita which does not exceed that of any EU Member State.

            5.   An arrangement on the payment of the contributions of Montenegro to the operational budget of an EU civilian crisis management operation shall be signed between the Head of Mission and the relevant administrative services of Montenegro. That arrangement shall, inter alia, include the following provisions:

                  (a)

                  the amount concerned;

                  (b)

                  the arrangements for payment of the financial contribution;

                  (c)

                  the auditing procedure.

            SECTION III

         PROVISIONS OF PARTICIPATION IN MILITARY CRISIS MANAGEMENT OPERATIONS

      Article 9
      Participation in an EU military crisis management operation
      1.   Montenegro shall ensure that its forces and personnel participating in an EU military crisis management operation undertake their mission in accordance with:

                  (a)

                  the Council Decision and subsequent amendments as referred to in Article 2(1);

                  (b)

                  the Operation Plan;

                  (c)

                  implementing measures.

            2.   Personnel seconded by Montenegro shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
      3.   Montenegro shall inform the EU Operation Commander in due time of any change to its participation in the operation.
      Article 10
      Chain of command
      1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
      2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander, who is entitled to delegate his authority.
      3.   Montenegro shall have the same rights and obligations in terms of the day-to-day management of the operation as participating EU Member States.
      4.   The EU Operation Commander may, following consultations with Montenegro, at any time request the withdrawal of Montenegro’s contribution.
      5.   A Senior Military Representative (‘SMR’) shall be appointed by Montenegro to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for the day-to-day discipline of the Montenegro contingent.
      Article 11
      Financial aspects
      1.   Without prejudice to Article 12, Montenegro shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1), as well as in Council Decision 2008/975/CFSP of 18 December 2008 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (1).
      2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Montenegro shall, when its liability has been established, pay compensation under the conditions foreseen in the applicable agreement on the status of forces referred to in Article 3(1).
      Article 12
      Contribution to the common costs
      1.   Montenegro shall contribute to the financing of the common costs of an EU military crisis management operation.
      2.   The financial contribution of Montenegro to the common costs shall be calculated on the basis of either of the following two formulae, whichever produces the lower amount:

                  (a)

                  the share of the common costs which corresponds proportionally to the ratio of Montenegro’s GNI to the total GNIs of all States contributing to the common costs of the operation; or

                  (b)

                  the share of the common costs which corresponds proportionally to the ratio of the number of personnel from Montenegro participating in the operation to the total number of personnel of all States participating in the operation.

            Where the formula under point (b) of the first subparagraph is used and Montenegro contributes personnel only to the Operation or Force Headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. In other cases, the ratio shall be that of all personnel contributed by Montenegro to that of the total personnel of the operation.
      3.   Notwithstanding paragraph 1, the EU shall, in principle, exempt Montenegro from financial contributions to the common costs of a particular EU military crisis management operation when:

                  (a)

                  the EU decides that Montenegro provides a significant contribution to assets and/or capabilities which are essential for the operation; or

                  (b)

                  Montenegro has a GNI per capita which does not exceed that of any EU Member State.

            An arrangement shall be concluded between the Administrator provided for in Decision 2008/975/CFSP and the competent administrative authorities in Montenegro. That arrangement shall include, inter alia, provisions on:

                  (a)

                  the amount concerned;

                  (b)

                  the arrangements for payment of the financial contribution;

                  (c)

                  the auditing procedure.

            SECTION IV

         FINAL PROVISIONS

      Article 13
      Arrangements to implement the Agreement
      Without prejudice to Articles 8(5) and 12(4), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the HR and the appropriate authorities of Montenegro.
      Article 14
      Non-compliance
      Should one of the Parties fail to comply with its obligations under this Agreement, the other Party shall have the right to terminate this Agreement by sending written notice of 1 month.
      Article 15
      Dispute settlement
      Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
      Article 16
      Entry into force
      1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal legal procedures necessary for its entry into force.
      2.   This Agreement shall be provisionally applied from the date of signature.
      3.   This Agreement shall be subject to regular review.
      4.   This Agreement may be amended on the basis of a mutual written agreement between the Parties.
      5.   This Agreement may be denounced by either Party by written notice of denunciation given to the other Party. Such denunciation shall take effect 6 months after receipt of notification by the other Party.

         Done at Brussels on the twenty-second day of February in the year two thousand and eleven in two copies, each in the English language.

               For the European Union

               For Montenegro

         (1)  OJ L 345, 23.12.2008, p. 96.

         TEXT FOR DECLARATIONS

            TEXT FOR THE EU MEMBER STATES:

         ‘The EU Member States applying an EU Council Decision on an EU crisis management operation in which Montenegro participates will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against Montenegro for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

                     —

                     was caused by personnel from Montenegro in the execution of their duties in connection with an EU crisis management operation, except in case of gross negligence or wilful misconduct, or

                     —

                     arose from the use of any assets owned by Montenegro, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from Montenegro using those assets.’

            TEXT FOR MONTENEGRO:

         ‘Montenegro applying an EU Council Decision on an EU crisis management operation will endeavour, in so far as its internal legal system so permit, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

                     —

                     was caused by personnel in the execution of their duties in connection with an EU crisis management operation, except in case of gross negligence or wilful misconduct, or

                     —

                     arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’


Avis juridique important

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32002D0754

2002/754/CFSP: Council Decision of 13 September 2002 implementing Common Position 2002/145/CFSP concerning restrictive measures against Zimbabwe

Official Journal L 247 , 14/09/2002 P. 0056 - 0059

Council Decisionof 13 September 2002implementing Common Position 2002/145/CFSP concerning restrictive measures against Zimbabwe(2002/754/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Common Position 2002/145/CFSP of 18 February 2002 concerning restrictive measures against Zimbabwe(1), and in particular Article 5 thereof, in conjunction with Article 23(2) of the Treaty on European Union,Whereas:(1) By Common Position 2002/145/CFSP the Council imposed a visa ban and a freezing of funds on the Government of Zimbabwe and persons who bear a wide responsibility for serious violations of human rights and of the freedom of opinion, of association and of peaceful assembly.(2) On 22 July 2002, Common Position 2002/145/CFSP was amended by Common Position 2002/600/CFSP(2).(3) As a consequence of a Government reshuffle in Zimbabwe on 26 August 2002, the list of persons referred to above should be updated,HAS DECIDED AS FOLLOWS:Article 1The list of persons set out in the Annex to Common Position 2002/145/CFSP, as amended by Common Position 2002/600/CFSP, is hereby replaced by the list set out in the Annex.Article 2This Decision shall take effect on the date of its adoption.Article 3This Decision shall be published in the Official Journal.Done at Brussels, 13 September 2002.For the CouncilThe PresidentP. S. Møller(1) OJ L 50, 21.2.2002, p. 1.(2) OJ L 195, 24.7.2002, p. 1.ANNEXList of persons referred to in Article 1>TABLE>


title: EFTA Surveillance Authority Decision No 302/14/COL of 16 July 2014 amending for the ninety-ninth time the procedural and substantive rules in the field of State aid by modifying certain State aid Guidelines [2015/95]

text:
               22.1.2015

               EN

               Official Journal of the European Union

               L 15/103

         EFTA SURVEILLANCE AUTHORITY DECISION
   No 302/14/COL
   of 16 July 2014
   amending for the ninety-ninth time the procedural and substantive rules in the field of State aid by modifying certain State aid Guidelines [2015/95]
   THE EFTA SURVEILLANCE AUTHORITY (‘the Authority’),
   HAVING REGARD to the Agreement on the European Economic Area (‘the EEA Agreement’), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (‘Surveillance and Court Agreement’), in particular to Articles 5(2)(b) and 24 thereof and Article 1 in Part I of Protocol 3 thereof,
   Whereas:
   Under Article 24 of the Surveillance and Court Agreement, the Authority shall give effect to the provisions of the EEA Agreement concerning State aid.
   Under Article 5(2)(b) of the Surveillance and Court Agreement, the Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the Authority considers it necessary.
   On 21 May 2014, the European Commission adopted a communication amending the communications from the Commission on EU Guidelines for the application of State aid rules in relation to the rapid deployment of broadband networks, on Guidelines on regional State aid for 2014-2020, on State aid for films and other audiovisual works, on Guidelines on State aid to promote risk finance investments and on Guidelines on State aid to airports and airlines (1). The objectives of the amendments are to align the transparency provisions across the different State aid Guidelines and to simplify the current provisions.
   This Communication is of relevance to the European Economic Area.
   The uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area in line with the objective of homogeneity established in Article 1 of the EEA Agreement.
   According to point II under the heading ‘GENERAL’ of Annex XV to the EEA Agreement, the Authority, after consultation with the European Commission, is to adopt new rules, corresponding to those adopted by the European Commission.
   HAVING consulted the European Commission,
   HAVING consulted the EFTA States by a letter dated 30 June 2014 on the subject,
   HAS ADOPTED THIS DECISION:
   Article 1
   The substantive rules in the field of State aid shall be amended as follows.
   Article 2
   This Decision replaces the following paragraphs:

               —

               on the Guidelines for the application of State aid rules in relation to rapid deployment of broadband network (2), the first two sentences of paragraph 74(j),

               —

               on the Guidelines on regional State aid for 2014-2020 (3), paragraph 135,

               —

               on the Guidelines on State aid for films and other audiovisual works (4), paragraph 51(7),

               —

               on the Guidelines on State aid to airports and airlines (5), paragraphs 162 and 163;

         by:
   ‘EFTA States shall ensure the publication of the following information on a comprehensive State aid website, at national or regional level:

               —

               the full text of the approved aid scheme or the individual aid granting decision and its implementing provisions, or a link to it,

               —

               the identity of the granting authority(ies),

               —

               the identity of the individual beneficiaries, the form and amount of aid granted to each beneficiary, the date of granting, the type of undertaking (SME/large company), the region in which the beneficiary is located (at statistical region level 2) (6) and the principal economic sector in which the beneficiary has its activity (at NACE group level) (7).

         Such a requirement can be waived with respect to individual aid awards below EUR 500 000. For schemes in the form of tax advantage, the information on individual aid amounts (8) can be provided in the following ranges (in EUR million): (0,5-1); (1-2); (2-5); (5-10); (10-30); (30 and more).
   Such information must be published after the decision to grant the aid has been taken, must be kept for at least 10 years and must be available to the general public without restrictions (9). EFTA States will not be required to publish the abovementioned information before 1 July 2016 (10).
   Article 3
   1.   This Decision modifies the Guidelines on regional State aid for 2014-2020 and monitoring conditions imposed on regional State aid schemes, as follows:

               —

               paragraph 169, of the Guidelines on regional State aid for 2014-2020, including a monitoring condition, is deleted,

               —

               Annex IV, of the Guidelines on regional State aid for 2014-2020, is deleted.

         2.   For those regional State aid schemes already approved in line with the Guidelines on regional State aid for 2014-2020, including the monitoring condition laid down in paragraph 169 of the aforementioned Guidelines, the monitoring condition is waived. Accordingly, paragraph 65 of the Decision 225/14/COL, dated 18 June 2014, on regionally differentiated social security contributions 2014-2020, is deleted.
   Article 4
   This Decision modifies the Guidelines on State aid to promote risk finance investments (11) as follows:

               —

               in paragraph 166(v):

                           —

                              for:‘Such a requirement can be waived with respect to SMEs which have not carried out any commercial sale in any market and for investments below EUR 200 000 into a final beneficiary undertaking.’

                           —

                              read:‘Such a requirement can be waived with respect to SMEs which have not carried out any commercial sale in any market and for investments below EUR 500 000 into a final beneficiary undertaking’,

               —

               in paragraph 166(vi):

                           —

                              for:‘the amount of the fiscal advantage received, where the latter exceeds EUR 200 000. Such amount can be provided in ranges of EUR 2 million.’

                           —

                              read:‘the amount of the fiscal advantage received, where the latter exceeds EUR 500 000. Such amount can be provided in the following ranges (in EUR million): (0,5-1); (1-2); (2-5); (5-10); (10-30); (30 and more).’,

               —

               and at the end of paragraph 166, the following text is inserted:

                  ‘EFTA States will not be required to provide the abovementioned information before 1 July 2016 (12).

         Article 5
   This Decision inserts the following text:

      ‘In the case of aid schemes excluded from the scope of a block exemption Regulation exclusively on the ground of their large budget, the Authority will assess their compatibility solely on the basis of the evaluation plan.’

               —

               at the end of paragraph 49, of the Guidelines for the application of State aid rules in relation to rapid deployment of broadband network,

               —

               at the end of paragraph 138, of the Guidelines on regional State aid for 2014-2020,

               —

               at the end of paragraph 167, of the of the Guidelines on State aid to airports and airlines,

               —

               at the end of paragraph 172, of the Guidelines on State aid to promote risk finance investments.

         Article 6
   Only the English version is authentic.

      Done at Brussels, 16 July 2014.

            For the EFTA Surveillance Authority

         Oda Helen SLETNES

            President

         Helga JÓNSDÓTTIR

            College Member

      (1)  OJ C 198, 27.6.2014, p. 30.

      (2)  Not yet published in the OJ. Available at: http://www.eftasurv.int/media/state-aid-guidelines/Part-IV---Application-of-state-aid-rules-in-relation-to-rapid-deployment-of-broadband-networks.pdf

      (3)  Not yet published in the OJ. Available at: http://www.eftasurv.int/media/state-aid-guidelines/Part-III---Guidelines-on-regional-State-Aid-for-2014-2020.pdf

      (4)  Not yet published in the OJ. Available at: http://www.eftasurv.int/media/state-aid-guidelines/Part_IV_-_State_aid_for_films_and_other_audiovisual_works.pdf

      (5)  Not yet published in the OJ. Available at: http://www.eftasurv.int/media/state-aid-guidelines/Part-IV---Aviation-Guidelines.pdf

      (6)  The term “Statistical region” is used instead of the acronym “NUTS” in the corresponding Commission Guidelines. NUTS is derived from the title “Nomenclature of Territorial Units for Statistics” according to Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1). This regulation has not been incorporated into the EEA Agreement. However, in order to achieve common definitions in an ever-increasing demand for statistical information at a regional level, the Statistical Office of the European Union, Eurostat, and the National Institutes of the candidate countries and EFTA have agreed that statistical regions would be established similar to the NUTS classification.

      (7)  With the exception of business secrets and other confidential information in duly justified cases and subject to the Authority's agreement (See the Authority Guidelines on professional secrecy in State aid decisions (OJ L 154, 8.6.2006, p. 27 and EEA Supplement No 29, 8.6.2006, p. 1)).

      (8)  The amount to be published is the maximum allowed tax benefit and not the amount deducted each year (e.g. in the context of tax credit, the maximum allowed tax credit shall be published rather than the actual a mount which might depend on the taxable revenues and vary each year).

      (9)  This information shall be published within six months from the date of granting (or, for aid in the form of tax advantage, within 1 year from the date the tax declaration is due). In case of unlawful aid, EFTA States will be required to ensure the publication of this information ex post, at least within six months from the date of the Authority decision. The information should be available in a format which allows data to be searched, extracted, and easily published on the internet, for instance in CSV or XML format.

      (10)  Publication of information on aid awards granted before 1 July 2016, and for fiscal aid, publication for aid claimed or granted before 1 July 2016, will not be required.’

      (11)  Not yet published in the OJ. Available at http://www.eftasurv.int/media/state-aid-guidelines/Part-III---State%20aid-to-promote-risk-finance-investments--(Applicable-from-1-July-2014).pdf

      (12)  Publication of information on aid awards granted before 1 July 2016, and for fiscal aid, publication for aid claimed or granted before 1 July 2016, will not be required.’