title: Commission Decision of 03/08/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9000 - Bain Capital / Reifen Krieg Group) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                        EUROPEAN COMMISSION

               Brussels, 03.08.2018

               C(2018) 5397 final

               To the Notifying Party

               Subject:Case M.9000 - Bain Capital / Reifen Krieg Group
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation No 139/2004
                  1
                and Article 57 of the Agreement on the European Economic Area
                  2

               Dear Sir or Madam,

               (1)On 04.07.2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Bain Capital Investors L.L.C. ("Bain Capital", USA) acquires sole control within the meaning of Article 3(1)(b) of the Merger Regulation over Reifen Krieg GmbH, Secura Reifenservice GmbH, Reifen24 AG, MoTi Reifen GmbH, SW Reifenhandel GmbH, Komplettradlager.de GmbH, Duro Reifenservice GmbH, and MUTAVI-Solutions GmbH ("Reifen Krieg Group", Germany).
                  3
                (Bain Capital is referred to as the "Notifying Party". Bain Capital, its controlled portfolio companies and Reifen Krieg Group are collectively referred to as "Parties").

               1.The parties

               (2)Bain Capital is a private equity investment firm that invests, through its family of funds, in companies on a worldwide basis across most industries, including automotive, information technology, healthcare, retail and consumer products, communications, financial and industrial/manufacturing. Two of Bain Capital's controlled portfolio companies, European finTyre Distribution ("EfTD") and Autodistribution Group, are active in the wholesale and retail supply of replacement tyres.

               (3)Reifen Krieg Group is a wholesale distributor of replacement tyres, predominantly active in Germany. It supplies a full range of replacement tyres, including for passenger cars, trucks, motorbikes, as well as steel and alloy wheels (i.e. the metal rim) and Tyre Pressure Monitoring Systems ("TPMS sensors"). Reifen Krieg Group also has eleven retail stores in Germany, which supply replacement tyres to consumers.

               2.The operation

               (4)Pursuant to an agreement of 12 June 2018, Bain Capital – through its managed funds – will acquire 100% of the shares of Reifen Krieg Group (the "Proposed Transaction"). The Proposed Transaction therefore constitutes an acquisition of sole control, within the meaning of Article 3(1)(b) of the Merger Regulation, of Reifen Krieg Group by Bain Capital.

               3.EU DIMENSION

               (5)The undertakings concerned have a combined aggregate world-wide turnover of more than EUR 5 000 million
                  4
                [Bain Capital: EUR […], Reifen Krieg Group: […]]. Each of them has an EU-wide turnover in excess of EUR 250 million [Bain Capital: EUR […] million, Reifen Krieg Group: […] million], but they do not achieve more than two-thirds of their aggregate EU-wide turnover within one and the same Member State. The notified operation therefore has an EU dimension within the meaning of Article 1(2) of the Merger Regulation.

               4.Competitive assessment

               (6)The main overlap
                  5
                arising as a result of the Proposed Transaction relates to the wholesale supply of replacement tyres in Germany where Reifen Krieg Group's activities are predominantly focused and where EfTD also has activities.
                  6
                The Parties supply replacement tyres in Germany for passenger cars, trucks, motorbikes and agricultural vehicles.

               4.1.Relevant market definition

               4.1.1.Product market definition

               (7)At the wholesale level, suppliers distribute replacement tyres to retail suppliers (such as car concessionaires, independent workshops, tyre dealers or online aftermarket suppliers) which in turn sell tyres to end-customers which fit their replacement tyres on their vehicles.

               The Notifying Party's view

               (8)The Notifying Party considers, in line with previous Commission decisions, that the relevant product market for the wholesale supply of replacement tyres should be defined by reference to the type of vehicle on which the tyres are designed to be fitted.

               (9)The Notifying Party submits that the relevant product market should not be further segmented according to sales channel into supply by wholesalers and direct supply by tyre manufacturers since both types of players compete directly for sales to all customer groups.

               (10)The Notifying Party submits that the precise product market definition can nevertheless be left open since the Proposed Transaction does not raise competition concerns irrespective of the market definition retained.

               The Commission's assessment

               (11)In previous decisions,
                  7
                the Commission found that the supply of replacement tyres belongs to a separate relevant market from the supply of tyres for new vehicles. Within the market for the distribution of replacement tyres, the Commission identified several separate product markets, consisting of car and van tyres, truck and bus tyres, agricultural tyres, earthmoving vehicle tyres and motorised and non-motorised two-wheel vehicle tyres.

               (12)In those previous cases, the Commission also found indications that the market for wholesale supply of replacement tyres includes both wholesalers and direct supplies by original equipment manufacturers ("OEMs") as these do not restrict their activities to only distributing their own tyres but also distribute tyres of other manufacturers, but the exact scope of the market was ultimately left open.
                  8

               (13)The Commission's market investigation in the present case confirms the fact that wholesalers and tyre manufacturers compete for the supply to retailers. OEMs have wide distribution networks and are capable of supplying retail customers throughout Germany, are vertically integrated also down to the retail level or use franchise-systems for wholesalers as well as retailers.
                  9
                Moreover, a number of manufacturers have set up their own wholesale organisations where they distribute not only their tyres but also those of other OEMs. The majority of customers responding to the market investigation purchase replacement tyres from both OEMs and wholesalers
                  10
                and indicated that there are no significant differences between the two categories of suppliers in terms of conditions of supply.
                  11
                A few respondents mentioned that a possible exception could relate to purchases of very small volumes which OEMs may not supply (at a competitive price) as their logistics networks are optimised for supplying large volumes.
                  12

               (14)The precise definition of the relevant market can nevertheless be left open as the Transaction does not raise serious doubts irrespective of whether the market for wholesale supply of replacement tyres is taken to consist of supply by wholesalers only or direct sales by OEMs are included as well.

               (15)In previous cases, the Commission also found that there are separate markets for the wholesale supply of new replacement tyres and the wholesale supply of "re-tread" replacement tyres.
                  13
                However, the Parties do not overlap in the supply of re-tread tyres, therefore the Commission's assessment in the present case relates to new replacement tyres only.

               4.1.2.Geographic market definition

               The Notifying Party's view

               (16)The Notifying Party submits that the precise geographic market definition can be left open since the Proposed Transaction does not raise competition concerns irrespective of the market definition retained.

               The Commission's assessment

               (17)In previous cases involving the wholesale supply of replacement tyres, the Commission found that the market is national in scope,
                  14
                as conditions of competition are homogeneous within Member States but they still vary across countries, despite a trend towards broader geographic markets.
                  15

               (18)The results of the market investigation in the case at hand are consistent with a geographic market definition at national level. The vast majority of the customers responding to the market investigation purchase only to a limited extent replacement tyres from outside Germany.
                  16
                This market definition will therefore be retained for the purpose of the competitive assessment.

               4.2.Competitive assessment

               (19)EfTD and Reifen Krieg Group overlap on the German markets for the wholesale supply of replacement tyres for: (i) cars and vans, (ii) trucks and buses, (iii) motorised two-wheel vehicles and (iv) agricultural vehicles. Under a narrow market definition consisting of supplies by wholesalers only, three of these segments (cars and vans, trucks and buses and motorised two-wheel vehicles) are affected by the Proposed Transaction. If supplies by OEMs are taken into account, the Parties' combined market share remains below 20% on all segments.

               (20)The Parties' market shares on the affected segments, both including and excluding supplies by tyre manufacturers, are depicted in Table 1 below.

               Table 1: Estimated market shares for the wholesale supply of replacement tyres in Germany for 2017

                        Total market volume (000 units)

                        Reifen Krieg Group's market share

                        EfTD's market share

                        Combined market share

                        Cars and vans (including OEMs)

                        48 202

                        [5-10]%

                        [0-5]%

                        [5-10]%

                        Cars and vans (excluding OEMs)

                        18 319

                        [10-20]%

                        [10-20]%

                        [20-30]%

                        Trucks and buses (including OEMs)

                        1 410

                        [5-10]%

                        [0-5]%

                        [5-10]%

                        Trucks and buses (excluding OEMs)

                        423

                        [20-30]%

                        [5-10]%

                        [20-30]%

                        Motorised two-wheel vehicles (including OEMs)

                        1 949

                        [0-5]%

                        [10-20]%

                        [10-20]%

                        Motorised two-wheel vehicles (excluding OEMs)

                        975

                        [5-10]%

                        [20-30]%

                        [20-30]%

               Source: the Parties

               The Notifying Party's view

               (21)The Notifying Party submits that the Proposed Transaction will not give rise to any competition concerns on the market for wholesale supply of replacement tyres for the following reasons.

               (22)First, the Parties face competition from a high number of replacement tyre wholesalers in Germany. According to the Notifying Party, competition in this market is intensified through independent/open online platforms such as Tyre24, Gettigo and Tyre100 which post offers from a large number of suppliers on a real time basis. The Notifying Party submits that even customers who ultimately place orders through wholesalers' sales representatives or by telephone check such platforms in order to compare prices.

               (23)Second, wholesalers face competition from tyre OEMs, which supply to the same customer groups. According to the Notifying Party, large tyre OEMs like Continental, Goodyear/Dunlop, Pirelli and Michelin have warehouses and distribution networks in Germany which are similar to those of the Parties and other important wholesalers.

               (24)Finally, the Notifying Party submits that the Parties face competition from wholesale competitors based in other Member States who make use of online platforms to access customers in Germany and can make deliveries from neighbouring Member States.

               The Commission's assessment

               (25)The market for wholesale supply of replacement tyres in Germany is fragmented, with around 50 independent wholesalers active (i.e. excluding vertically integrated OEMs and cooperations with OEMs).
                  17
                The main competitors to the Parties offer a wide range of replacement tyres in all vehicle segments, and they account for a significant share of total wholesaler sales of replacement tyre in Germany: Interpneu ([10-20]%, belonging to Pneuhage Partners Group), Reifen Göggel ([10-20]%), Gamma Reifen & Felgen Grosshandels AG ([5-10]%) or Reifen Gundlach/Com4Tires ([5-10]%).
                  18
                There are also main competitors belonging to OEMs, like IHLE ([10-20]%), part of Michelin/Euromaster.

               (26)Other wholesalers active in Germany include for example Reifen Wolf, Reifen Specht, Reifen Burkhardt, Semex, Reifen Straub, etc.

               (27)Post-Transaction, the Parties would therefore continue to face competition from a large number of other wholesalers. The customers responding to the Commission's market investigation confirmed that they can (and many of them currently do) source from a significant number of wholesalers in Germany. While several respondents to the market investigation noted that EfTD and Reifen Krieg Group are among the significant wholesalers of replacement tyres in Germany, they took the view that they will continue to face competitive constraints from other wholesale suppliers, as well as from tyre OEMs.

               (28)Even if tyre OEMs were to be considered to belong to a separate market from wholesalers, the evidence available to the Commission suggests they exert a competitive constraint on the latter. The majority of customers responding to the market investigation confirmed that they source replacement tyres for all vehicle types directly from tyre OEMs, with several of them sourcing the majority of their requirements from OEMs.
                  19
                In total, OEMs sell around 60% of all replacement tyres in the passenger car, motorbike and truck categories in Germany.
                  20

               (29)For the reasons set out above, the Commission takes the view that the Proposed Transaction does not raise serious doubts as to its compatibility with the internal market on the market for the wholesale supply of replacement tyres in Germany, irrespective of the exact relevant market definition retained.

               5.Conclusion

               (30)For the above reasons, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

               For the Commission

                  (Signed)

               Margrethe VESTAGER
                  Member of the Commission

                     (1)

                        OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

                     (2)

                        OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

                     (3)

                        Publication in the Official Journal of the European Union No C 243, 11.7.2018, p. 9.

                     (4)

                        Turnover calculated in accordance with Article 5 of the Merger Regulation.

                     (5)

                        There are also minimal overlaps between the Parties as regards the retail supply of replacement tyres in Germany, the wholesale supply of wheel rims, fitted wheels (i.e. wheel and tyre combined) and TPMS sensors in Germany, as well as the wholesale supply of replacement tyres in other Member States. These overlaps do not give rise to affected markets within the meaning of Annex 1 to the Implementing Regulation (EC) No. 802/2004, Section 6.3.

                     (6)
                   Autodistribution Group, the other Bain Capital company that is active in the wholesale supply of replacement tyres, has limited activities on this market and is active exclusively in France, so there is no overlap with the activities of Reifen Krieg Group in Germany.

                     (7)

                        Cases M.3081 – Michelin/Viborg, M.6063 – Itochu/Speedy, M.7643 – CNRC/Pirelli.

                     (8)

                        Cases M.3081 – Michelin/Viborg, M.6063 – Itochu/Speedy.

                     (9)

                        Wholesalers themselves can also compete on the manufacturer level through own brand tyres, be vertically integrated with (or contractually linked to) retail-outlets or be active as (online) retailers selling also directly to end-customers via online platforms.

                     (10)

                        Some customers that are only supplied by wholesalers and not OEMs are specific platforms set up as cooperations by wholesalers, which by their nature excludes OEMs as (direct) suppliers.

                     (11)

                        Customers' replies to the Commission's request for information of 12 July 2018.

                     (12)

                        Customers' replies to the Commission's request for information of 12 July 2018.

                     (13)

                        Case M.7643 – CNRC/Pirelli.

                     (14)

                        Cases M.3081 – Michelin/Viborg, M.6063 – Itochu/Speedy, M.7643 – CNRC/Pirelli.

                     (15)

                        Case M.7643 – CNRC/Pirelli.

                     (16)

                        Customers' replies to the Commission's request for information of 12 July 2018.

                     (17)
                   German Tyre Dealers and Vulcanization Trade Association (Bundesverband Reifenhandel und Vulkaniseur-Handwerk e.V.): Marktstrukturanalyse – der Reifenfachhandel im Reifenersatzgeschäft in Deutschland, 1 February 2018.

                     (18)

                        Estimated market shares for wholesale supply of all replacement tyres in Germany for 2017 by value. The Parties are unable to provide individual competitors' market shares at the level of vehicle type segment.

                     (19)

                        Customers' replies to the Commission's request for information of 12 July 2018.

                     (20)

                        German Tyre Dealers and Vulcanization Trade Association (Bundesverband Reifenhandel und Vulkaniseur-Handwerk e.V.): Marktstrukturanalyse – der Reifenfachhandel im Reifenersatzgeschäft in Deutschland, 1 February 2018.


title: Commission Decision of 12/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8958 - APG / DV4 / Oxford) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels, 12.9.2018
                                                                C(2018) 6024 final
                                                                    PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.8958 - DV4 / ABP / OMERS / REAL ESTATE JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 20 August 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Oxford DOOR
        Investor (UK) LLP (‘Oxford’, United Kingdom), DV4 Limited (‘DV4’, British Virgin
        Islands) and Stichting Depositary APG Strategic Real Estate Pool (‘APG’, the
        Netherlands) acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger
        Regulation joint control over a newly created joint venture to own, develop and manage
        residential real estate to offer for rent at the Middlewood Locks site in Manchester (United
        Kingdom).3 The concentration is accomplished by way of purchase of assets.
2.      The business activities of the undertakings concerned are:
        - for Oxford: part of the wider OMERS Administration Corporation (‘OMERS’) Group.
        OMERS is the administrator of the Ontario Municipal Employees Retirement System
        Primary Pension Plan and trustee of the pension funds. OMERS manages a diversified
        global portfolio of stocks and bonds as well as real estate, private equity and infrastructure
        investments;
        - for DV4: a real estate investment fund;
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3       Publication in the Official Journal of the European Union No C 303, 29.08.2018, p. 17
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    - for APG: a depositary for an investment fund whose ultimate beneficial owner is
   Stichting Pensioenfonds ABP, a pension administration organisation that specialises in the
   field of collective pensions in the public sector
3. After examination of the notification, the European Commission has concluded that the
   notified operation falls within the scope of the Merger Regulation and of paragraph 5(c) of
   the Commission Notice on a simplified procedure for treatment of certain concentrations
   under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                     For the Commission
                                                     (Signed)
                                                     Johannes LAITENBERGER
                                                     Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                   2


title: Commission Decision of 13/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9035 - Charlesbank Capital Partners, LLC / Partners Group AG / H-Food Holdings, LLC) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels, 13.9.2018
                                                                C(2018) 6051 final
                                                                        PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9035 — Charlesbank/Partners Group/H-Food Holdings
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 22 August 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        Charlesbank Capital Partners, LLC (‘Charlesbank’, U.S.A.) and Partners Group AG
        (‘Partners Group’, Switzerland) acquire within the meaning of Article 3(1)(b) and
        Article 3(4) of the Merger Regulation joint control over the whole of the undertaking H-
        Food Holdings, LLC (‘Hearthside’, U.S.A.) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Charlesbank: a private equity investment firm focusing on management-led
              buyouts and growth capital financing and also engaging in opportunistic credit
              investments. Its portfolio includes companies active in a wide range of sectors such as
              business services and education, consumer, energy, financial services, healthcare,
              industrial services and distribution, technology, media or telecommunications,
             for Partners Group: a global private markets investment management company
              focusing on private equity, private real estate, private infrastructure and private debt.
              Hearthside, which is solely controlled by affiliates of Partners Group, is active as a
              contract food manufacturer for food brands and food companies. Hearthside is also
              active in the field of contract food packaging and contract food packaging equipment.
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3       Publication in the Official Journal of the European Union No C 303, 29.8.2018, p. 20.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak--- 3. After examination of the notification, the European Commission has concluded that the
   notified operation falls within the scope of the Merger Regulation and of paragraph 5(c) of
   the Commission Notice on a simplified procedure for treatment of certain concentrations
   under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                    For the Commission
                                                    (Signed)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                  2


               20.9.2018

               EN

               Official Journal of the European Union

               C 337/176

      P8_TA(2017)0331
      Non-objection to a delegated act: funds under direct management in the European Maritime and Fisheries Fund
      European Parliament decision to raise no objections to the Commission Delegated Regulation of 12 June 2017 amending Regulation (EU) No 508/2014 of the European Parliament and of the Council as regards the distribution of funds under direct management among objectives of the Integrated Maritime Policy and the Common Fisheries Policy (C(2017)03881 — 2017/2743(DEA))
      (2018/C 337/29)

         The European Parliament,

                  —

                  having regard to the Commission delegated regulation (C(2017)03881),

                  —

                  having regard to the Commission’s letter of 1 September 2017 asking Parliament to declare that it will raise no objections to the delegated regulation,

                  —

                  having regard to the letter from the Committee on Fisheries to the Chair of the Conference of Committee Chairs of 5 September 2017,

                  —

                  having regard to Article 290 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (1), in particular Articles 14(4) and 126(5) thereof,

                  —

                  having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (2),

                  —

                  having regard to the recommendation for a decision of the Committee on Fisheries,

                  —

                  having regard to Rule 105(6) of its Rules of Procedure,

                  —

                  having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 105(6) of its Rules of Procedure, which expired on 12 September 2017,

                  1.

                  Declares that it has no objections to the delegated regulation;

                  2.

                  Instructs its President to forward this decision to the Council and the Commission.

         (1)  OJ L 149, 20.5.2014, p. 1.

         (2)  OJ L 354, 28.12.2013, p. 22.


               22.12.2017

               EN

               Official Journal of the European Union

               C 443/89

         P7_TA(2014)0408
   Amendment of Parliament's Rules of Procedure with regard to parliamentary questions
   European Parliament decision of 16 April 2014 on amendment of Parliament's Rules of Procedure with regard to parliamentary questions (2013/2083(REG))
   (2017/C 443/20)

      The European Parliament,

               —

               having regard to the letter from its President of 13 February 2013,

               —

               having regard to Rules 211 and 212 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Constitutional Affairs (A7-0123/2014),

               1.

               Decides to amend its Rules of Procedure as shown below;

               2.

               Decides that the amendments shall enter into force on the first day of the first part-session of the eighth parliamentary term;

               3.

               Decides that the ballot system established by the amendments for determining the Members allowed to put a question shall be assessed after a trial period of one year from the beginning of the eighth parliamentary term;

               4.

               Instructs its President to forward this decision to the Council and the Commission, for information.

      Amendment 1

      Parliament's Rules of Procedure

      Rule 116

                  Present text

                  Amendment

               1.   Question Time with the Commission shall be held at each part-session
                     at times decided by Parliament on a proposal from
                   the Conference of Presidents.

               1.   Question Time with the Commission shall be held at each part-session
                     for a duration of 90 minutes on one or more specific horizontal themes to be decided upon by
                   the Conference of Presidents
                     one month in advance of the part-session
                  .

               2.
                     No Member may put more than one question to the Commission at any given part-session.

               2.
                     The Commissioners invited to participate by the Conference of Presidents shall have a portfolio related to the specific horizontal theme or themes on which questions are to be put to them. The number of Commissioners shall be limited to two per part-session, with the possibility of adding a third being dependent on the specific horizontal theme or themes chosen for the Question Time.

                     3.

                     Questions shall be submitted in writing to the President, who shall rule on their admissibility and on the order in which they are to be taken. The questioner shall be notified immediately of this decision.

                     4.

                     The detailed procedure
                   shall be
                     governed by guidelines
                   laid down in an annex to these Rules of Procedure (17).

                     3.

                     Question time
                   shall be
                     conducted in accordance with a ballot-system the details of which are
                   laid down in an annex to these Rules of Procedure (17).

                     5.
                     In accordance with guidelines established by the Conference of Presidents, specific question hours may be held with the Council, with the President of the Commission, with the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and with the President of the Eurogroup.

                     4.
                     In accordance with guidelines established by the Conference of Presidents, specific question hours may be held with the Council, with the President of the Commission, with the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and with the President of the Eurogroup.

      Amendment 2

      Parliament's Rules of Procedure

      Rule 117 — paragraph 1

                  Present text

                  Amendment

               1.   Any Member may put questions for written answer to the President of the European Council, the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy in accordance with
                     guidelines
                   laid down in an annex to these Rules of Procedure (18). The content of questions shall be the sole responsibility of their authors.

               1.   Any Member may put questions for written answer to the President of the European Council, the Council, the Commission or the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy in accordance with
                     criteria
                   laid down in an annex to these Rules of Procedure (18). The content of questions shall be the sole responsibility of their authors.

      Amendment 3

      Parliament's Rules of Procedure

      Rule 117 — paragraph 2

                  Present text

                  Amendment

               2.   Questions shall be submitted
                     in writing
                   to the President
                     who shall forward them to the addressees
                  . Doubts concerning the admissibility of a question shall be settled by the President. The questioner shall be notified of
                     his
                   decision.

               2.   Questions shall be submitted to the President. Doubts concerning the admissibility of a question shall be settled by the President.
                     The President's decision shall be based not exclusively on the provisions of the annex referred to in paragraph 1 but on the provisions of these Rules of Procedure in general.
                   The questioner shall be notified of
                     the President's
                   decision.

      Amendment 4

      Parliament's Rules of Procedure

      Rule 117 — paragraph 2 a (new)

                  Present text

                  Amendment

                     2a.

                     Questions shall be submitted in electronic format. Each Member may submit a maximum of five questions per month.

                     By way of exception, additional questions may be submitted in the form of a paper document tabled and signed personally by the Member concerned in the relevant service of the Secretariat.

                     After a period expiring one year from the beginning of the eighth parliamentary term, the Conference of Presidents shall carry out an assessment of the regime in respect of additional questions.

      Amendment 7

      Parliament's Rules of Procedure

      Rule 117 — paragraph 4 — subparagraph 3

                  Present text

                  Amendment

                     Members shall indicate which type of question they are submitting. The final decision shall be taken by the President.

                     deleted

      Amendment 8

      Parliament's Rules of Procedure

      Rule 117 — paragraph 5

                  Present text

                  Amendment

               5.   Questions and answers shall be published
                     in the Official Journal of the European Union
                  .

               5.   Questions and answers shall be published
                     on Parliament’s website
                  .

      Amendment 9

      Parliament's Rules of Procedure

      Rule 118 — paragraph 1

                  Present text

                  Amendment

               1.   Any Member may put questions for written answer to the European Central Bank in accordance with
                     guidelines
                   laid down in an annex to these Rules of Procedure (19).

               1.   Any Member may put
                     a maximum of six
                   questions
                     per month
                   for written answer to the European Central Bank in accordance with
                     criteria
                   laid down in an annex to these Rules of Procedure (19).
                     The content of questions shall be the sole responsibility of their authors.

      Amendment 10

      Parliament's Rules of Procedure

      Rule 118 — paragraph 2

                  Present text

                  Amendment

               2.   Such questions shall be submitted in writing to the Chair of the committee responsible, who shall
                     forward
                   them to the European Central Bank.

               2.   Such questions shall be submitted in writing to the Chair of the committee responsible, who shall
                     notify
                   them to the European Central Bank.
                     Doubts concerning the admissibility of a question shall be settled by the Chair. The questioner shall be notified of the Chair's decision.

      Amendment 11

      Parliament's Rules of Procedure

      Rule 118 — paragraph 3

                  Present text

                  Amendment

               3.
                     The
                   questions and answers shall be published
                     in the Official Journal of the European Union
                  .

               3.   Questions and answers shall be published
                     on Parliament’s website
                  .

      Amendment 12

      Parliament's Rules of Procedure

      Annex II

                  Present text

                  Amendment

               Conduct of Question Time
                     under Rule 116

               Conduct of Question Time
                     with the Commission

                                 A.

                              Guidelines

                                 1.

                              Members who put a question to one of the Commissioners shall be chosen by means of a ballot system in the following way:

                                 1.

                              Questions shall be admissible only where they

                           —

                                 a ballot box shall be placed at the entrance to the Chamber one hour before the start of Question Time;

                           —

                                 are concise and are drafted so as to permit a brief answer to be given;

                           —

                                 Members wishing to put a question write their name on a form and place it in the ballot box;

                           —

                                 fall within the competence and sphere of responsibility of the addressee and are of general interest;

                           —

                                 Members wishing to put a question may submit no more than one form;

                           —

                                 concern in particular, in the case of specific questions to the Council, the exercise of its functions in defining, coordinating and implementing Union policies, or concern its powers relating to appointment procedures or the operation of the institutions, agencies and bodies of the European Union or a revision of the Treaties,

                           —

                                 the President opens Question Time and closes the ballot box;

                           —

                                 do not require extensive prior study or research by the institution concerned;

                           —

                                 the President draws one ballot at a time and calls on the chosen Member to put his or her question to the competent Commissioner.

                           —

                                 are clearly worded and relate to a specific matter;

                                 2.

                              The Member shall be given one minute in which to formulate the question and the Commissioner two minutes in which to reply. That Member may put a supplementary question of 30 seconds duration, having a direct bearing on the main question. The Commissioner shall then be given two minutes in which to give a supplementary reply.

                           —

                                 do not contain assertions or opinions;

                                 3.

                              Questions and supplementary questions must be directly related to the specific horizontal theme chosen. The President may rule on the admissibility.

                           —

                                 do not relate to strictly personal matters;

                           —

                                 are not aimed at procuring documents or statistical information;

                           —

                                 are interrogatory in form.

                                 2.

                              A question shall be inadmissible if the agenda already provides for the subject to be discussed with the participation of the institution concerned, or if it relates to the exercise of the Council’s legislative and budgetary functions referred to in Article 16(1), first sentence, of the Treaty on European Union.

                                 3.

                              A question shall be inadmissible if an identical or similar question has been put down and answered during the preceding three months, or to the extent that it merely seeks information on the follow-up to a specific resolution of Parliament of a kind which the Commission has already provided in a written follow-up communication, unless there are new developments or the author is seeking further information. In the first case a copy of the question and the answer shall be given to the author.

                     Supplementary questions

                                 4.

                              Each Member may follow up the reply with a supplementary question to any question and may put in all two supplementary questions.

                                 5.

                              Supplementary questions shall be subject to the rules of admissibility laid down in these Guidelines.

                                 6.

                              The President shall rule on the admissibility of supplementary questions and shall limit their number so that each Member who has put down a question may receive an answer to it.

                     The President shall not be obliged to declare a supplementary question admissible, even if it satisfies the foregoing conditions of admissibility, if:

                                 a)

                                 it is likely to upset the normal conduct of Question Time, or

                                 b)

                                 the main question to which it relates has already been adequately covered by other supplementary questions, or

                                 c)

                                 it has no direct bearing on the main question.

                     Answers to questions

                                 7.

                              The institution concerned shall ensure that answers are concise and are relevant to the subject of the question.

                                 8.

                              If the content of the questions concerned permits it, the President may decide, after consulting the questioners, that the institution concerned should answer them together.

                                 9.

                              A question may be answered only if the questioner is present or has notified the President in writing, before Question Time begins, of the name of a substitute.

                                 10.

                              If neither the questioner nor a substitute is present, the question shall lapse.

                                 11.

                              If a Member tables a question, but neither that Member nor a substitute is present at Question Time, the President shall remind the Member in writing of his or her responsibility to be present or substituted. If the President has to send such a letter three times in the space of any twelve-month period, the Member concerned shall lose the right to table questions at Question Time for a six-month period.

                                 12.

                              Questions that remain unanswered for lack of time shall be answered in accordance with Rule 117(4), first subparagraph, unless their authors request the application of Rule 117(3).

                                 13.

                              The procedure for answers in writing shall be governed by Rule 117(3) and (5).

                     Time limits

                                 14.

                              Questions shall be tabled at least one week before Question Time begins. Questions not tabled within this time limit may be taken during Question Time with the consent of the institution concerned.

                     Questions declared admissible shall be distributed to Members and forwarded to the institutions concerned.

                                 B.

                              Recommendations

                     (extract from resolution of Parliament of 13 November 1986)

                     The European Parliament,

                                 1.

                              Recommends stricter application of the guidelines for the conduct of Question Time under Rule 43

                            (27)

                              , and in particular of point 1 of those guidelines concerning admissibility;

                                 2.

                              Recommends more frequent use of the power conferred on the President of the European Parliament by Rule 43(3)

                            (28)

                              to group questions for Question Time according to subject; considers, however, that only the questions falling within the first half of the list of questions tabled for a given part-session should be subject to such grouping;

                                 3.

                              Recommends, as regards supplementary questions, that as a general rule the President should allow one supplementary question from the questioner and one or at most two supplementaries put by Members belonging preferably to a different political group and/or Member State from the author of the main question; recalls that supplementary questions must be concise and interrogatory in form and suggests that their duration should not exceed 30 seconds;

                                 4.

                              Invites the Commission and the Council, pursuant to point 7 of the guidelines, to ensure that answers are concise and relevant to the subject of the question.

      Amendment 13

      Parliament's Rules of Procedure

      Annex III — title

                  Present text

                  Amendment

                     Guidelines
                   for questions for written answer under Rules 117 and 118

                     Criteria
                   for questions for written answer under Rules 117 and 118

      Amendment 14

      Parliament's Rules of Procedure

      Annex III — paragraph 1 — indent 2

                  Present text

                  Amendment

                           —

                           fall within the
                                 competence
                               and sphere of responsibility of the addressee and be of general interest;

                           —

                           fall
                                 exclusively
                               within the
                                 limits of the competences of the institutions as laid down in the relevant Treaties
                               and
                                 within the
                               sphere of responsibility of the addressee, and be of general interest;

      Amendment 15

      Parliament's Rules of Procedure

      Annex III — paragraph 1 — indent 3 a (new)

                  Present text

                  Amendment

                           —

                                 not exceed 200 words;

      Amendment 16

      Parliament's Rules of Procedure

      Annex III — paragraph 1 — indent 5 a (new)

                  Present text

                  Amendment

                           —

                                 not contain more than three sub-questions.

      Amendment 17

      Parliament's Rules of Procedure

      Annex III — paragraph 2

                  Present text

                  Amendment

                           2.

                                 If a question does not comply with these guidelines
                              , the Secretariat shall provide
                                 the author
                               with advice on how
                                 the question may be drafted in order to be admissible
                              .

                           2.

                                 Upon request
                              , the Secretariat shall provide
                                 authors
                               with advice on how
                                 to comply in an individual case with the criteria laid down in paragraph 1
                              .

      Amendment 18

      Parliament's Rules of Procedure

      Annex III — paragraph 3

                  Present text

                  Amendment

                           3.

                           If an identical or similar question has been put and answered during the preceding six months, or to the extent that a question merely seeks information on the follow-up to a specific resolution of Parliament of a kind which the Commission has already provided in a written follow-up communication, the Secretariat shall transmit a copy of the previous question and answer to the author. The renewed question shall not be forwarded to the addressee unless the
                                 author invokes new significant developments or is seeking further information
                              .

                           3.

                           If an identical or similar question has been put and answered during the preceding six months, or to the extent that a question merely seeks information on the follow-up to a specific resolution of Parliament of a kind which the Commission has already provided in a written follow-up communication, the Secretariat shall transmit a copy of the previous question and answer to the author. The renewed question shall not be forwarded to the addressee unless the
                                 President so decides in the light of significant new developments and in response to a reasoned request by the author
                              .

      Amendment 19

      Parliament's Rules of Procedure

      Annex III — paragraph 4

                  Present text

                  Amendment

                           4.

                           If a question seeks factual or statistical information that is already available to Parliament's
                                 library, the latter shall inform the Member, who may withdraw the question
                              .

                           4.

                           If a question seeks factual or statistical information that is already available to Parliament's
                                 research services, it shall not be forwarded to the addressee but to those services, unless the President decides otherwise upon request by the author
                              .

      Amendment 20

      Parliament's Rules of Procedure

      Annex III — paragraph 5

                  Present text

                  Amendment

                           5.

                           Questions concerning related matters may be answered together.

                           5.

                           Questions concerning related matters may be
                                 merged into a single question by the Secretariat and
                               answered together.

      (17)  See Annex II.

      (17)  See Annex II.

      (18)  See Annex III.

      (18)  See Annex III.

      (19)  See Annex III.

      (19)  See Annex III.

      (27)
         Now Rule 116.

      (28)
         Now Rule 116(3).


title: Council Decision (EU) 2017/2435 of 18 December 2017 appointing a member, proposed by Malta, of the Committee of the Regions

text:
               23.12.2017

               EN

               Official Journal of the European Union

               L 344/36

         COUNCIL DECISION (EU) 2017/2435
   of 18 December 2017
   appointing a member, proposed by Malta, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Government of Malta,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 11 July 2017, by Council Decision (EU) 2017/1337 (4), Mr Marc SANT was replaced by Mr Mario FAVA as a member.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Mario FAVA (Councillor, Swieqi, Local Council) was proposed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Mario FAVA, Councillor, Fgura, Local Council (change of mandate).

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 18 December 2017.

            For the Council

            The President

         K. SIMSON

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

      (4)  Council Decision (EU) 2017/1337 of 11 July 2017 appointing a member and an alternate member, proposed by Malta, of the Committee of the Regions (OJ L 185, 18.7.2017, p. 48).


title: Decision (EU) 2017/2442 of the European Central Bank of 8 December 2017 amending Decision (EU) 2016/2164 on the approval of the volume of coin issuance in 2017 (ECB/2017/39)

text:
               23.12.2017

               EN

               Official Journal of the European Union

               L 344/59

         DECISION (EU) 2017/2442 OF THE EUROPEAN CENTRAL BANK
   of 8 December 2017
   amending Decision (EU) 2016/2164 on the approval of the volume of coin issuance in 2017 (ECB/2017/39)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(2) thereof,
   Having regard to Decision (EU) 2015/2332 of the European Central Bank of 4 December 2015 on the procedural framework for the approval of the volume of euro coin issuance (ECB/2015/43) (1), and in particular Article 2 thereof,
   Whereas:

               (1)

               The European Central Bank (ECB) has the exclusive right since 1 January 1999 to approve the volume of coins issued by the Member States whose currency is the euro.

               (2)

               Based on the estimates of demand for euro coins in 2017 that the Member States whose currency is the euro submitted to the ECB, the ECB approved the total volume of euro coins intended for circulation and euro collector coins not intended for circulation in 2017 in Decision (EU) 2016/2164 of the European Central Bank (ECB/2016/43) (2).

               (3)

               On 19 October 2017, the Italian Ministry of Finance requested that the volume of euro coins that Italy may issue in 2017 be increased from EUR 96,0 million to EUR 141,0 million to be able to respond to an unexpected rise in the demand for coins. The ECB has approved this request for an increase in the volume of euro coins intended for circulation that Italy may issue in 2017.

               (4)

               Therefore, Decision (EU) 2016/2164 (ECB/2016/43) should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendment
   The table in Article 1 of Decision (EU) 2016/2164 (ECB/2016/43) is replaced by the following:

                  (EUR million)

                  Volume of euro coins approved for issuance in 2017

                  Circulation coins

                  Collector coins

                  Volume of coin issuance

                  (not intended for circulation)

                  Belgium

                  51,0

                  1,0

                  52,0

                  Germany

                  419,0

                  219,0

                  638,0

                  Estonia

                  9,7

                  0,3

                  10,0

                  Ireland

                  30,7

                  0,8

                  31,5

                  Greece

                  106,3

                  0,6

                  106,9

                  Spain

                  359,3

                  30,0

                  389,3

                  France

                  224,3

                  51,0

                  275,3

                  Italy

                  139,2

                  1,8

                  141,0

                  Cyprus

                  14,0

                  0,1

                  14,1

                  Latvia

                  16,3

                  0,3

                  16,6

                  Lithuania

                  30,0

                  0,3

                  30,3

                  Luxembourg

                  17,7

                  0,2

                  17,9

                  Malta

                  10,2

                  0,2

                  10,4

                  Netherlands

                  25,0

                  4,0

                  29,0

                  Austria

                  87,2

                  181,8

                  269,0

                  Portugal

                  62,0

                  3,0

                  65,0

                  Slovenia

                  24,0

                  2,0

                  26,0

                  Slovakia

                  15,6

                  1,4

                  17,0

                  Finland

                  35,0

                  10,0

                  45,0

                     Total

                     1 676,5

                     507,8

                     2 184,3 ’

   Article 2
   Taking effect
   This Decision shall take effect on the day of its notification to the addressees.
   Article 3
   Addressees
   This Decision is addressed to the Member States whose currency is the euro.

      Done at Frankfurt am Main, 8 December 2017.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 328, 12.12.2015, p. 123.

      (2)  Decision (EU) 2016/2164 of the European Central Bank of 30 November 2016 on the approval of the volume of coin issuance in 2017 (ECB/2016/43) (OJ L 333, 8.12.2016, p. 73).


title: Commission Decision of 8 May 2017 on the compatibility with Union law of the measures to be taken by Ireland pursuant to Article 14 of Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)

text:
               11.1.2018

               EN

               Official Journal of the European Union

               C 8/10

         COMMISSION DECISION
   of 8 May 2017
   on the compatibility with Union law of the measures to be taken by Ireland pursuant to Article 14 of Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)
   (2018/C 8/04)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (1), and in particular Article 14(2) thereof,
   Having regard to the opinion of the committee established pursuant to Article 29 of Directive 2010/13/EU,
   Whereas:

               (1)

               By letter of 7 February 2017, Ireland notified to the Commission certain measures to be taken, pursuant to Article 14(1) of Directive 2010/13/EU, aimed at updating the measures currently in force, approved by the Commission by its Decision of 25 June 2007 (2). The measures to be taken concern the designation of a list of two events which are additional to the measures currently in force.

               (2)

               The Commission verified, within a period of three months from receipt of this notification, the compatibility of the measures to be taken with Union law, in particular with regard to the proportionality of the measures and the transparency of the national consultation procedure.

               (3)

               In examining the measures to be taken, the Commission took into consideration the available data on the Irish audiovisual market, in particular as regards the impact on the television market.

               (4)

               The list of two events of major importance for society in addition to the measures currently in force was drawn up by Ireland in a clear and transparent manner, following a wide public consultation.

               (5)

               On the basis of detailed evidence and viewing figures provided by the Irish authorities, the Commission verified that the list of two events in addition to the measures currently in force, drawn up in accordance with Article 14(1) of Directive 2010/13/EU, met at least two of the following criteria considered to be reliable indicators of the importance of such events for society: (i) a special general resonance within the Member State, and not simply a significance to those who ordinarily follow the sport or activity concerned; (ii) a generally recognised, distinct cultural importance for the population of the Member State, in particular as a catalyst of cultural identity; (iii) involvement of the national team in the event concerned in the context of a competition or tournament of international importance; and (iv) the fact that the event has traditionally been broadcast on free-to-air television and commands large television audiences.

               (6)

               The notified list of two events in addition to the measures currently in force contains two designated events which are considered to be events of major importance for society, namely the All-Ireland Senior Ladies' Football Final and the All-Ireland Senior Camogie Final.

               (7)

               As demonstrated by the Irish authorities, the All-Ireland Senior Ladies' Football Final has a special general resonance and cultural importance for Irish society, not just with those who ordinarily follow this sport. This event also commands large television audiences and has traditionally been broadcast on free-to-air television.

               (8)

               The All-Ireland Senior Camogie Final, as demonstrated by the Irish authorities, has a special general resonance and cultural importance for Irish society, going beyond significance to those who ordinarily follow this sport. This event also commands large television audiences and has traditionally been broadcast on free-to-air television.

               (9)

               The designated measures do not go beyond what is necessary to achieve the aim pursued, namely protection of the right to information and wide access of the public to television coverage of events of major importance for society. This conclusion takes into account the methods according to which the events in question will be broadcast, the definition of a ‘qualifying broadcaster’, the role of the High Court in the resolution of disputes arising in the course of implementation of the measures, and the fact that the designation is not expected to have any impact on existing contracts regarding broadcasting rights. It may therefore be concluded that the effects on the right to property, as provided for in Article 17 of the European Charter of Fundamental Rights, do not go beyond those which are intrinsically linked to the inclusion of the events in the list provided for in Article 14(1) of Directive 2010/13/EU.

               (10)

               For the same reasons, the measures to be taken appear to be proportionate to justify derogation from the fundamental freedom to provide services laid down in Article 56 of the Treaty on the Functioning of the European Union. The overriding public interest is to ensure wide public access to broadcasts of events of major importance for society. In addition, the Irish measures do not constitute any discrimination or market foreclosure against other Member States' broadcasters, right holders or other economic operators.

               (11)

               The designated measures are moreover compatible with Union competition rules. The definition of the qualifying broadcasters for the broadcasting of listed events is based on objective criteria which allow actual and potential competition for acquiring the rights to broadcast these events. In addition, the number of designated events is not disproportionate to an extent that would distort competition on the downstream free-to-air and pay television markets. Therefore, it may be considered that the effects on freedom of competition do not go beyond those which are intrinsically linked to the inclusion of the events in the list provided for in Article 14(1) of Directive 2010/13/EU.

               (12)

               The Commission communicated the measures to be taken by Ireland to the other Member States and presented the results of its verification to the committee established pursuant to Article 29 of Directive 2010/13/EU. The committee adopted a favourable opinion,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   1.   The measures to be taken by Ireland, pursuant to Article 14(1) of Directive 2010/13/EU, and notified to the Commission pursuant to Article 14(2) of that Directive, are compatible with Union law.
   2.   The measures, as taken by Ireland, shall be published in the Official Journal of the European Union.

      Done at Brussels, 8 May 2017.

            For the Commission

         Andrus ANSIP

            Vice-President

      (1)  OJ L 95, 15.4.2010, p. 1.

      (2)  Commission Decision 2007/478/EC of 25 June 2007 (OJ L 180, 10.7.2007, p. 17).


title: Decision (EU) 2018/51 of the European Parliament and of the Council of 25 October 2017 on the mobilisation of the Flexibility Instrument to provide the financing for the European Fund for Sustainable Development

text:
               12.1.2018

               EN

               Official Journal of the European Union

               L 7/37

         DECISION (EU) 2018/51 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 25 October 2017
   on the mobilisation of the Flexibility Instrument to provide the financing for the European Fund for Sustainable Development
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (1), and in particular point 12 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Flexibility Instrument is intended to allow the financing of clearly identified expenditure which could not be financed within the limits of the ceilings available for one or more other headings.

               (2)

               The ceiling on the annual amount available for the Flexibility Instrument is EUR 600 000 000 (2011 prices), as laid down in Article 11 of Council Regulation (EU, Euratom) No 1311/2013 (2).

               (3)

               In order to address the ongoing challenges of migration, refugee inflows and security threats, it is necessary to mobilise significant additional amounts to finance appropriate measures as a matter of urgency.

               (4)

               Having examined all possibilities for re-allocating appropriations under the expenditure ceiling for heading 4 (Global Europe), it is necessary to mobilise the Flexibility Instrument to supplement the financing available in the general budget of the Union for the financial year 2017, beyond the ceiling of heading 4 by the amount of EUR 275 000 000, to provide the financing for the European Fund for Sustainable Development (EFSD). This amount includes amounts which lapsed in the previous years of the European Union Solidarity Fund and of the European Globalisation Adjustment Fund and which are made available for the Flexibility Instrument in accordance with the second subparagraph of Article 11(1) of Regulation (EU, Euratom) No 1311/2013.

               (5)

               On the basis of the expected payment profile, the payment appropriations corresponding to the mobilisation of the Flexibility Instrument should be for 2017 only,

         HAVE ADOPTED THIS DECISION:
   Article 1
   1.   For the general budget of the Union for the financial year 2017, the Flexibility Instrument shall be mobilised to provide the amount of EUR 275 000 000 in commitment appropriations in heading 4 (Global Europe).
   The amount referred to in the first paragraph shall be used to provide the financing for the European Fund for Sustainable Development Guarantee Fund.
   2.   On the basis of the expected payment profile, the payment appropriations corresponding to the mobilisation of the Flexibility Instrument will be EUR 275 000 000 in 2017. The amount shall be authorised in accordance with the budgetary procedure.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Strasbourg, 25 October 2017.

            For the European Parliament

            The President

         A. TAJANI

            For the Council

            The President

         M. MAASIKAS

      (1)  OJ C 373, 20.12.2013, p. 1.

      (2)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


               12.1.2018

               EN

               Official Journal of the European Union

               C 11/128

         P8_TA(2016)0001
   Request for the waiver of the immunity of Czesław Adam Siekierski
   European Parliament decision of 19 January 2016 on the request for waiver of the immunity of Czesław Adam Siekierski (2015/2241(IMM))
   (2018/C 011/15)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Czesław Adam Siekierski, forwarded on 13 August 2015 by the Prosecutor-General of the Republic of Poland in connection with proceedings to be brought by the Polish General Inspector of Road Transport (Ref. No CAN-PST-SCW.7421.35493.2015.5.A.0475), and announced in plenary on 9 September 2015,

               —

               having regard to the fact that Czesław Adam Siekierski waived his right to a hearing, in accordance with Rule 9(5) of its Rules of Procedure,

               —

               having regard to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1),

               —

               having regard to Articles 105(2) and 108 of the Constitution of the Republic of Poland and Articles 7b(1) and 7c(1) in connection with Article 10b of the Polish Act of 9 May 1996 on the exercise of the mandate of Deputy and Senator,

               —

               having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A8-0004/2016),

               A.

               whereas the Prosecutor-General of the Republic of Poland has forwarded a request from the Polish General Inspector of Road Transport for waiver of the immunity of a Member of the European Parliament elected with respect to Poland, Czesław Adam Siekierski, in connection with an offence under Article 92a of the Code of Petty Offences of 20 May 1971 in conjunction with Article 20(1) of the Road Traffic Act of 20 June 1997; whereas, in particular, the alleged offence amounts to exceeding the permitted speed limit in a built-up area;

               B.

               whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament must enjoy, on the territory of their own Member State, the immunities accorded to members of the Member State’s parliament;

               C.

               whereas Articles 105(2) and 108 of the Constitution of the Republic of Poland state that a deputy or a senator shall not be subject to criminal accountability without the consent of the Sejm or of the Senate respectively;

               D.

               whereas it is thus incumbent upon the European Parliament to decide whether the immunity of Czesław Adam Siekierski is or is not to be waived;

               E.

               whereas the alleged offence does not have a direct or obvious connection with Czesław Adam Siekierski’s performance of his duties as a Member of the European Parliament;

               F.

               whereas, in this case, Parliament has found no evidence of fumus persecutionis, that is to say, a sufficiently serious and precise suspicion that the request has been made with the intention of causing political damage to the Member concerned;

               1.

               Decides to waive the immunity of Czesław Adam Siekierski;

               2.

               Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of the Republic of Poland and to Czesław Adam Siekierski.

      (1)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


title: Political and Security Committee Decision (CFSP) 2018/57 of 9 January 2018 extending the mandate of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2018)

text:
               13.1.2018

               EN

               Official Journal of the European Union

               L 10/14

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2018/57
   of 9 January 2018
   extending the mandate of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2018)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2014/219/CFSP of 15 April 2014 on the European Union CSDP mission in Mali (EUCAP Sahel Mali) (1), and in particular Article 7(1) thereof,
   Whereas:

               (1)

               Pursuant to Decision 2014/219/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the EUCAP Sahel Mali mission, including the decision to appoint a Head of Mission.

               (2)

               On 18 September 2017, the PSC adopted Decision EUCAP Sahel Mali/1/2017 (2), appointing Mr Philippe RIO as Head of Mission of EUCAP Sahel Mali from 1 October 2017 to 14 January 2018.

               (3)

               On 13 December 2017, the High Representative of the Union for Foreign Affairs and Security Policy proposed the extension of the mandate of Mr Philippe RIO as Head of Mission of EUCAP Sahel Mali from 15 January 2018 to 14 January 2019,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Philippe RIO as Head of Mission of EUCAP Sahel Mali is hereby extended until 14 January 2019.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 9 January 2018.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 113, 16.4.2014, p. 21.

      (2)  Political and Security Committee Decision (CFSP) 2017/1780 of 18 September 2017 on the appointment of the Head of Mission of the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/1/2017) (OJ L 253, 30.9.2017, p. 37).


title: Council Decision (EU) 2018/61 of 21 March 2017 on the signing, on behalf of the European Union, and provisional application of an amendment to the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety

text:
               16.1.2018

               EN

               Official Journal of the European Union

               L 11/1

         COUNCIL DECISION (EU) 2018/61
   of 21 March 2017
   on the signing, on behalf of the European Union, and provisional application of an amendment to the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 25 September 2014 the Council authorised the Commission to open negotiations with the United States of America to amend the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety (1) (‘the Agreement’), which entered into force on 1 May 2011. The negotiations were successfully concluded with an exchange of emails between the chief negotiators marking their respective agreement with the negotiated text.

               (2)

               The negotiated amendment to the Agreement (‘Amendment 1’) extends the areas of cooperation under the Agreement where reciprocal acceptance of findings of compliance and approvals can apply, so as to allow for an optimised resource utilisation and commensurate cost savings while maintaining a high degree of safety in air transport.

               (3)

               Amendment 1 should be signed.

               (4)

               With a view to enabling the adoption of a new pilot-licensing annex under the extended scope of the Agreement, the importance of which is to be considered in the context of the relevant third-country pilot-licence conversion provisions of Commission Regulation (EU) No 1178/2011 (2), Amendment 1 should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union, of Amendment 1 to the Agreement between the United States of America and the European Community on cooperation in the regulation of civil aviation safety is hereby authorised, subject to the conclusion of the said Amendment.
   The text of Amendment 1 is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign Amendment 1 on behalf of the Union.
   Article 3
   Amendment 1 shall be applied on a provisional basis, in accordance with Article 2 thereof, as from the date of signature thereof, pending the completion of the procedures necessary for its entry into force.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 March 2017.

            For the Council

            The President

         E. SCICLUNA

      (1)  OJ L 291, 9.11.2011, p. 3.

      (2)  Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1).


title: Commission Decision of 18 January 2018 setting up a group of experts on environmental compliance and governance

text:
               19.1.2018

               EN

               Official Journal of the European Union

               C 19/3

         COMMISSION DECISION
   of 18 January 2018
   setting up a group of experts on environmental compliance and governance
   (2018/C 19/03)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Article 191 of the Treaty assigned the Union and the Member States the task of ensuring that Union policy on the environment contributes to preserving, protecting and improving the quality of the environment and aims at a high level of protection.

               (2)

               With a view to ensuring better implementation of and compliance with Union environment legislation, in accordance with the Communication from the Commission entitled ‘EU actions to improve environmental compliance and governance’ (1), the Commission needs to call upon the expertise of specialists in an advisory body.

               (3)

               It is therefore necessary to set up a group of experts in the field of environmental compliance and governance and to define its tasks and its structure.

               (4)

               The group should help to develop guidance documents on good practice in environmental compliance assurance, other supporting documents, including on professional skills and expertise and assessment of national systems, as well as outreach and dissemination activities in the field of environmental compliance assurance and governance. The group should also help to coordinate and monitor the implementation of the actions to improve environmental compliance and governance and to assist the Commission in preparation of policy initiatives and legislative proposals related to wider environmental governance issues.

               (5)

               The group should be composed of experts from EU Member States as well as representatives from existing pan-European professional networks addressing issues of environmental compliance assurance and governance.

               (6)

               Rules on disclosure of information by members of the group should be laid down.

               (7)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (2).

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The group of experts on environmental compliance and governance is set up. The group will be called ‘Environmental Compliance and Governance Forum’.
   Article 2
   Tasks
   The group's tasks shall be:

               (a)

               to assist the Commission in the coordination and monitoring of the implementation of the actions to improve environmental compliance and governance as well as in the preparation of legislative proposals or policy initiatives in the field of environmental compliance and governance, including in relation to:

                           (i)

                           compliance promotion, monitoring and enforcement (compliance assurance);

                           (ii)

                           access to justice on environmental matters;

                           (iii)

                           access to environmental information;

                           (iv)

                           public participation;

                           (v)

                           any other governance issue.

               (b)

               to establish cooperation and coordination between the Commission, Member States and existing pan-European professional networks (3) on questions relating to the implementation of Union legislation, programmes and policies in the field of environment;

               (c)

               to bring about an exchange of experience and good practice in the field of environmental compliance and governance.

         Article 3
   Consultation
   The Commission may consult the group on any matter relating to the implementation of actions in relation to environmental compliance and governance including the implementation of the actions to improve environmental compliance and governance (4), its review and the identification of further actions beyond 2019.
   Article 4
   Membership
   1.   Members shall be Member States' authorities and other public entities.
   2.   In particular, the following public entities shall be members of the group:

               (a)

               European Union Network for Implementation and Enforcement of Environmental law;

               (b)

               European Network of Prosecutors for the Environment;

               (c)

               EU Forum of Judges for the Environment;

               (d)

               EnviCrimeNet;

               (e)

               European Network of the Heads of Environment Protection Agencies;

               (f)

               European Organisation of Supreme Audit Institutions;

               (g)

               Europol;

               (h)

               Eurojust.

         3.   Member States' authorities and other public entities shall nominate their representatives and shall be responsible for ensuring that their representatives provide a high level of expertise.
   4.   Members who are no longer capable of contributing effectively to the expert group's deliberations, who, in the opinion of the Commission department concerned, do not comply with the conditions set out in Article 339 of the Treaty on the Functioning of the European Union or who resign, shall no longer be invited to participate in any meetings of the group and may be replaced for the remainder of their term of office.
   Article 5
   Chair
   The group shall be chaired by a representative of the Commission's Directorate-General for Environment (‘DG ENV’).
   Article 6
   Operation
   1.   The group shall act at the request of DG ENV, in compliance with the relevant horizontal rules on Commission expert groups (the ‘horizontal rules’) (5).
   2.   Meetings of the group shall, in principle, be held on Commission premises.
   3.   DG ENV shall provide secretarial services. Commission officials from other departments with an interest in the proceedings may attend meetings of the group and its sub-groups.
   4.   In agreement with DG ENV, the group may, by simple majority of its members, decide that deliberations shall be public.
   5.   Minutes on the discussion on each point on the agenda and on the opinions delivered by the group shall be meaningful and complete. Minutes shall be drafted by the secretariat under the responsibility of the Chair.
   6.   The group shall adopt its opinions, recommendations or reports by consensus. In the event of a vote, the outcome of the vote shall be decided by simple majority of the members. Members who have voted against shall have the right to have a document summarising the reasons for their position annexed to the opinions, recommendations or reports.
   Article 7
   Sub-groups
   1.   DG ENV may set up sub-groups for the purpose of examining specific questions on the basis of terms of reference defined by DG ENV. Sub-groups shall operate in compliance with the horizontal rules and shall report to the group. They shall be dissolved as soon as their mandate is fulfilled.
   2.   The members of sub-groups that are not members of the group shall be selected via a public call for applications, in compliance with the horizontal rules (6).
   Article 8
   Invited experts
   DG ENV may invite experts with specific expertise with respect to a subject matter on the agenda to take part in the work of the group or sub-groups on an ad hoc basis.
   Article 9
   Observers
   1.   Individuals, organisations or other public entities than those listed in Article 4 may be granted an observer status, in compliance with the horizontal rules, by direct invitation.
   2.   The organisations or public entities appointed as observers shall nominate their representatives.
   3.   Observers and their representatives may be permitted by the Chair to take part in the discussions of the group and provide expertise. However, they shall not have voting rights and shall not participate in the formulation of recommendations or advice of the group.
   Article 10
   Rules of procedure
   On a proposal by and in agreement with DG ENV the group shall adopt its rules of procedure by simple majority of its members, on the basis of the standard rules of procedure for expert groups, in compliance with the horizontal rules (7).
   Article 11
   Professional secrecy and handling of classified information
   The members of the group and their representatives, as well as invited experts and observers, are subject to the obligation of professional secrecy, which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, as well as to the Commission's rules on security regarding the protection of Union classified information, laid down in Commission Decisions (EU, Euratom) 2015/443 (8) and 2015/444 (9). Should they fail to respect these obligations, the Commission may take all appropriate measures.
   Article 12
   Transparency
   1.   The group and its sub-groups shall be registered in the Register of Commission expert groups and other similar entities (‘the Register of expert groups’).
   2.   As concerns the group composition, the following data shall be published on the Register of expert groups:

               (a)

               the name of Member States' authorities;

               (b)

               the name of other public entities;

               (c)

               the name of observers.

         3.   All relevant documents, including the agendas, the minutes and the participants' submissions, shall be made available either on the Register of expert groups or via a link from the Register to a dedicated website, where this information can be found. Access to dedicated websites shall not be submitted to user registration or any other restriction. In particular, the agenda and other relevant background documents shall be published in due time ahead of the meeting, followed by timely publication of minutes. Exceptions to publication shall only be foreseen where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (10).
   Article 13
   Meeting expenses
   1.   Participants in the activities of the group and sub-groups shall not be remunerated for the services they offer.
   2.   Travel and subsistence expenses incurred by participants in the activities of the group and sub-groups shall be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the Commission and within the limits of the available appropriations allocated to the Commission departments under the annual procedure for the allocation of resources.

      Done at Brussels, 18 January 2018.

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  COM(2018)10.

      (2)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (3)  European Union Network for Implementation and Enforcement of Environmental law (IMPEL), EU Forum of Judges for the Environment (EUFJE), European Network of Prosecutors for the Environment (ENPE), EnviCrimeNet, European Network of the Heads of Environment Protection Agencies (NEPA), European Organisation of Supreme Audit Institutions (EUROSAI).

      (4)  COM(2018)10.

      (5)  Commission Decision of 30.5.2016 establishing horizontal rules on the creation and operation of Commission expert groups, C(2016) 3301, Article 13(1).

      (6)  C(2016) 3301, Articles 10 and 14.2.

      (7)  C(2016) 3301, Article 17.

      (8)  Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

      (9)  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

      (10)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).