Avis juridique important

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31994D0288

94/288/EC: Council Decision of 16 May 1994 concerning the conclusion of the Protocol maintaining in force the Arrangement regarding international trade in textiles (MFA)

Official Journal L 124 , 18/05/1994 P. 0011

COUNCIL DECISION of 16 May 1994 concerning the conclusion of the Protocol maintaining in force the Arrangement regarding international trade in textiles (MFA) (94/288/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, in conjunction with Article 228 (2),  Having regard to the proposal from the Commission,  Whereas the Commission took part, on behalf of the Community, in the negotiations on the maintenance in force of the Arrangement regarding international trade in textiles (MFA) (1);  Whereas these negotiations led to the establishment of a Protocol maintaining in force the MFA for a further period of 12 months until 31 December 1994;  Whereas the Protocol should be approved on behalf of the Community,  HAS DECIDED AS FOLLOWS:   Article 1  The protocol maintaining in force the arrangement regarding international trade in textiles, which was adopted by the Textiles Committee on 9 December 1993, is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.   Article 2  The President of the Council is hereby authorized to designate the person empowered to notify acceptance of the Protocol, in accordance with paragraphs 2 and 3 thereof, in order to bind the Community.  Done at Brussels, 16 May 1994.  For the Council The President Th. PANGALOS  (1) OJ No L 341, 4. 12. 1986, p. 34.


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32002D0647

2002/647/EC: Council Decision of 12 July 2002 adopting the rules of procedure of the European Development Fund Committee

Official Journal L 212 , 08/08/2002 P. 0008 - 0012

Council Decisionof 12 July 2002adopting the rules of procedure of the European Development Fund Committee(2002/647/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000(1),Having regard to the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies(2), signed in Brussels on 18 September 2000, and in particular Article 21(2) thereof,Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community(3) ("Overseas Association Decision"),Having regard to the proposal from the Commission,HAS DECIDED AS FOLLOWS:Article 1The rules of procedure of the European Development Fund Committee, as set out in the Annex, are hereby adopted.Article 2Until the entry into force of the Internal Agreement the rules of procedure of the European Development Fund Committee shall apply only to the programming needs referred to in points 1 and 2 of Article 1 of Decision 2000/770/EC of the Representatives of the Governments of the Member States, meeting within the Council, of 3 October 2000(4), and, in respect of the OCT, in Article 20 of Decision 2001/822/EC.Article 3This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 12 July 2002.For the CouncilThe PresidentT. Pedersen(1) OJ L 317, 15.12.2000, p. 3.(2) OJ L 317, 15.12.2000, p. 355.(3) OJ L 314, 30.11.2001, p. 1.(4) OJ L 317, 15.12.2000, p. 354.ANNEXRULES OF PROCEDURE OF THE EUROPEAN DEVELOPMENT FUND COMMITTEEArticle 1CompositionThe European Development Fund Committee, hereinafter referred to as the "Committee", shall comprise the delegations of the Member States, hereinafter referred to as "delegations", and shall be chaired by a representative of the Commission.A representative of the European Investment Bank shall take part in the Committee's proceedings.A representative of the General Secretariat of the Council shall attend the meetings as an observer.Article 2Referral to the Committee1. A referral shall be made to the Committee in the cases and according to the procedures laid down in the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies(1), signed in Brussels on 18 September 2000 (hereinafter referred to as the "Internal Agreement") and, where appropriate, in Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community ("Overseas Association Decision")(2). In respect of the responsibilities conferred upon it by the Decision, the Committee shall be referred to as the "EDF-OCT Committee".2. In addition to the referral cases provided for in paragraph 1:(a) at each meeting the Commission shall submit to the Committee a list of the decisions taken in the preceding period on the basis of Article 24(2)(b), Article 24(3), Article 24(4) and the first indent of Article 25(3) of the Internal Agreement;(b) the Committee shall be informed as soon as possible of delays or difficulties in the implementation of projects or action programmes which could result in significant additional commitments or substantive changes likely to entail compulsory referral under the provisions of the Internal Agreement.Article 3Convening a meeting1. The Committee shall be convened by its Chair, acting on his/her own initiative or at the request of a Member State.2. Joint meetings of the Committee with other committees may be convened to discuss issues of common interest coming within their respective areas of responsibility.Article 4Agenda1. The Chair shall draw up the draft agenda and submit it to the Committee.2. The agenda shall make a distinction between:- proposed measures about which the Committee is asked to give an opinion under the terms of the Internal Agreement,- other issues put to the Committee under the terms of the Internal Agreement.3. Any delegation may request the inclusion of an item on the agenda of meetings of the Committee. Relevant information on these items may be given orally.4. The agenda shall include approval of the minutes of the previous meeting.Article 5Documentation to be sent to Committee members1. The Chair shall send the invitation to the meeting, the draft agenda and proposed measures about which the Committee's opinion is required and any other working documents to the Committee members via the secretariat in the official languages of the Community, as a general rule no later than 15 working days before the date of the meeting.2. In urgent cases, and where the measures to be adopted must be applied immediately, the Chair may, at the request of a Committee member or on his/her own initiative, shorten the period laid down in paragraph 1 to six working days before the date of the meeting.3. By way of exception, in duly substantiated cases of extreme urgency (e.g. serious economic, social and political circumstances, natural disasters suffered by the recipient country or other circumstances requiring a very rapid reaction), the Chair may depart from the periods laid down in paragraphs 1 and 2.4. In the case of proposals to be submitted to the Committee by oral procedure under the Internal Agreement, delegations should notify the secretariat of the Committee in writing at least three working days before the date of the meeting of:- those items to which they can already give their assent in principle and that they propose including as A items (with or without comments or requests for further information) on the agenda referred to in Article 4(1), and- those which they think need discussion and propose entering as B items.Delegations shall also formulate any comments and requests for further information in writing and within the same time limit.The Commission shall provide further information and respond to any comments, wherever possible in writing and before the meeting of the Committee.Article 6Opinion of the Committee1. The Committee shall give its opinion in the cases and according to the procedures provided for in the Internal Agreement. Where a matter is put to the Committee for its opinion, it shall be discussed under the conditions and according to the procedure set out respectively in Articles 21 and 27 of the Internal Agreement.2. When the oral procedure is used, and a substantive change is made or new factual elements are added to the draft measures during the meeting, the Chair, on his/her own initiative or at the request of a Member State, may postpone the vote on a particular agenda item until the end of the meeting or a later meeting.3. If, in the situation described in paragraph 2, the Chair does not decide to postpone the vote as requested by a delegation, that delegation may enter a reservation which should be withdrawn within a maximum of three working days starting from the day following the meeting. The Committee's opinion shall be recorded as definitive upon expiry of this period. The Commission shall inform Member States of the definitive position adopted by the Member State whose delegation entered a reservation in the Committee.Article 7Representation and quorum1. Each Member State delegation is considered to be one Committee member. Each Member State shall decide the composition of its delegation and shall inform the Chair thereof.With the Chair's approval, delegations may be accompanied by non-governmental experts, at the expense of the Member State concerned.2. A Member State delegation may, if necessary, represent a maximum of one other Member State. The Chair of the Committee shall be notified in writing by the delegation which is represented.3. The quorum required for the deliberations of the Committee to be valid is that permitting a majority opinion to be issued in accordance with the Internal Agreement.Article 8Admission of third parties1. The Chair may decide to hear experts on specific points, at the request of a member or on his/her own initiative.2. These experts and those mentioned in Article 7(1) shall not be present or take part when the Committee moves to a vote.Article 9Written procedure1. Where proposed measures are subject to a written procedure, delegations have 15 working days from the sending of the proposals to adopt a position. Any Committee member who does not express his/her opposition or intention to abstain before the deadline laid down in the letter is considered to have given his/her tacit agreement to the proposal.In cases of urgency or extreme urgency, the deadlines laid down in Article 5(2) and (3) shall apply. The case of extreme urgency must be duly substantiated and the agreement of delegations shall only be established if it has been expressly notified.2. However, if a Committee member requests that the draft measures be considered in the course of a meeting of the Committee, the written procedure shall thereby terminate; the proposed measures shall be carried over to the next meeting of the Committee.Article 10Secretarial supportSecretarial services for the Committee shall be provided by the Commission.Article 11Minutes and summary report of the meetingsThe minutes of each meeting shall be drawn up under the auspices of the Chair and shall contain the opinions expressed on the proposed measures and the positions expressed during the meeting. The minutes shall be sent to the members of the Committee within 15 working days.The Committee members shall send any written comments they may have on the minutes to the Chair. The Committee shall be informed of this; if there are any disagreements, the proposed amendment shall be discussed by the Committee. If the disagreement persists, the proposed amendment shall be annexed to the minutes.Article 12Attendance list1. At each meeting, the Chair shall draw up an attendance list specifying the authorities or bodies to which the participants belong.2. Members of delegations who do not belong to a particular authority or organisation of a Member State must sign a declaration stating that their participation does not raise any conflict of interest.In the event of such a conflict of interest, the member concerned must withdraw whilst the relevant agenda items are being dealt with, at the request of the Chair.Article 13Correspondence1. Correspondence relating to the Committee shall be addressed to the Commission, for the attention of the Committee secretariat.2. Correspondence addressed to Committee members by the secretariat shall also be sent to the Permanent Representative of the Member State concerned.3. Save in exceptional circumstances, correspondence between the Commission and Committee members shall be sent in both directions by the computerised means provided for that purpose.Article 14Transparency1. The principles and conditions concerning public access to documents which apply to the Commission shall apply to the EDF-OCT Committee. If such a request is sent to a Member State, it must act in accordance with Article 5 of 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(3).2. The proceedings of the Committee shall be confidential for all participants.Article 15Running costs1. The Committee's running costs, including travelling expenses for one participant per Member State, shall be borne by the Commission.If the allocated financial appropriation allows it and within the limits of the latter, the Commission shall cover the travelling expenses of two delegation members who submit a request to this effect.2. The Commission is authorised to refund the accommodation and travelling expenses of experts invited under Article 8(1).3. The Commission shall make available to the Committee the premises and material resources necessary for its work.(1) OJ L 317, 15.12.2000, p. 355.(2) OJ L 314, 30.11.2001, p. 1.(3) OJ L 145, 31.5.2001, p. 43.


title: 2005/542/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Director of the European Agency for Safety and Health at Work in respect of the implementation of its budget for the financial year 2003

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/86

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge to the Director of the European Agency for Safety and Health at Work in respect of the implementation of its budget for the financial year 2003
   (2005/542/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the annual accounts of the European Agency for Safety and Health for the 2003 financial year together with the Agency's replies (1),
   having regard to the Council's Recommendation of 8 March 2005 (6851/2005 — C6-0069/2005),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1654/2003 of 18 June 2003 amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work (3) and in particular article 14 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
   having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0074/2005),

               1.

               Gives discharge to the Director of the European Agency for Safety and Health at Work, in respect of the implementation of its budget for the financial year 2003;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Director of the European Agency for Safety and Health at Work, the Council, the Commission and the Court of Auditors, and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 324, 30.12.2004, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 38.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments accompanying the decision on the discharge to the Director of the European Agency for Safety and Health at Work in respect of the implementation of its budget for the financial year 2003
      THE EUROPEAN PARLIAMENT,
      having regard to the Court of Auditors' report on the annual accounts of the European Agency for Safety and Health for the 2003 financial year together with the Agency's replies (1),
      having regard to the Council's recommendation of 8 March 2005 (6851/2005 — C6-0069/2005),
      having regard to the EC Treaty, and in particular Article 276 thereof,
      having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1654/2003 of 18 June 2003 amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work (3) and in particular article 14 thereof,
      having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
      having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
      having regard to the Report of the Committee on Budgetary Control (A6-0074/2005),

                  A.

                  Whereas the European Court of Auditors (ECA) stated, in its abovementioned specific report, that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2003 were reliable and that the underlying transactions, taken as a whole, were legal and regular.

                  B.

                  whereas on 21 April 2004 the European Parliament gave discharge (5) to the Director of the European Agency for Safety and Health at Work (the Agency) in respect of the implementation of its budget for the 2002 financial year and in the resolution accompanying the discharge decision, the European Parliament, inter alia:

                              —

                              insisted on the need for the Agency to improve the programming of its activities so as to reduce the large amount of carry-overs of appropriations,

                              —

                              invited the Agency to use experience gained in managing the 2002 SME Funding Scheme so as to ensure greater rigour and better value for money in subsequent schemes,

            1.   Notes the following figures for the accounts of the European Agency for Safety and Health at Work for the financial years 2003 and 2002:
      Revenue and expenditure account for the financial years 2003 and 2002

                  (in EUR 1000)

                  2003

                  2002

                  Revenue

                  Community subsidies

                  11 641

                  12 324

                  Other subsidies

                  66

                  252

                  Other revenue

                  157

                  81

                  Phare revenue

                  824

                  0

                  Total revenue (a)

                  12 688

                  12 657

                  Expenditure

                  Staff — Title I of the budget

                  Payments

                  3 245

                  3 024

                  Appropriations carried over

                  87

                  136

                  Administration — Title II of the budget

                  Payments

                  1 146

                  1 140

                  Appropriations carried over

                  186

                  247

                  Operating activities — Title III of the budget

                  Payments

                  2 559

                  2 030

                  Appropriations carried over

                  5 859

                  5 623

                  Phare expenditure

                  Payments

                  548

                  0

                  Appropriations carried over

                  502

                  0

                  Total expenditure (b)

                  14 131

                  12 199

                  Outturn for the financial year (c = a – b) (6)

                  – 1 443

                  458

                  Balance carried over from the previous financial year

                  – 1 108

                  – 2 185

                  Appropriations carried over from the previous financial year and cancelled

                  766

                  609

                  Sums to be re-used carried over from the previous financial year and not used

                  1

                  0

                  Payments against commitment cancelled in 2002

                  – 191

                  0

                  Exchange rate differences

                  4

                  4

                  Adjustment entries

                  – 16

                  7

                  Outturn for the financial year before economic adjustment (d)

                  – 1 987

                  – 1 108

                  Budget revenue to be recovered

                  850

                  0

                  Other revenue to be recovered

                  3

                  0

                  Acquisitions of fixed assets

                  207

                  0

                  Depreciation (7)

                  – 186

                  0

                  Miscellaneous expenditure

                  – 1

                  0

                  Economic adjustments (e)

                  873

                  0

                  Balance for the financial year (d + e) (8)

                  – 1 113

                  – 1 108

                     NB: Differences in totals are due to the effects of rounding.

                     Source: The Agency's data, the tables present, in summary form, the data provided by the Agency in its own accounts.

            2.   Records with satisfaction the efforts made by the Agency which resulted in a significant reduction of carry-overs of its operating appropriations; shares the Court's view that the carry-over rate for those appropriations is still high; expects the Agency to deploy greater efforts so as to reduce further carry-overs;
      3.   Calls on the Agency in this respect to put in place a plan to reduce carry-overs, providing for yearly reduction targets compatible with the implementation cycle of its work programme;
      4.   Invites the Agency to clearly indicate which among its operational activities could be best served through financing by differentiated appropriations;
      5.   Reiterates its call to the Agency to apply a tighter programming and improve monitoring of its operational activities; invites the Agency to continue its efforts with a view to defining better focused and more realistic objectives, in operational terms, as was suggested in the Commission's evaluation of the Agency in 2003;
      6.   Notes the Agency's explanation as regards its efforts to carry out its work programme in cooperation with a reduced number of topic centres; invites the Agency to present in its Annual Activity Report for 2004 an analysis of lessons learnt through its work with the topic centres, referred to in the provisions of the Agency's founding regulation, explaining the advantages and shortcomings of this model of cooperation; furthermore, invites the Agency to highlight in its report the added value of the results so far obtained; encourages the Agency to further strengthen monitoring and control of costs declared by topic centres and to ask for a certification of their work by an external auditor as the ECA has suggested;
      7.   Regrets the absence of an equality plan and expects the Agency to develop a plan shortly in order to become an equal opportunities employer; expects the Agency not only to consider equality issues at the stage of recruitment but also to work proactively and on a long-term basis to promote gender equality;
      8.   Welcomes the Agency's commitment to communicate information on its activities to citizens and the hopes to see further measures to develop and strengthen the Agency's strategy for information and communication;
      General points addressed to the Commission and the Agencies

                  9.

                  Recalls its position that while it supported the Commission's efforts to establish a limited number of models, at least for future ‘regulatory’ agencies, it took the view that the structure of current and future agencies merited in-depth consideration at interinstitutional level; also stresses that before the Commission defines the framework conditions for the use of regulatory agencies an inter-institutional agreement should spell out common guidelines; this should happen before setting up a harmonised framework for the structure of the agencies;

                  10.

                  Notes the Commission's position (9) with regard to delegating responsibility for the execution of tasks to bodies, including agencies, other than the Commission's core administration; takes the view that this does not answer Parliament's call for in-depth consideration at interinstitutional level of the structure of existing agencies; therefore invites the Commission to provide clarification on this point and on the future overall Interinstitutional Agreement related to the new arrangements to be set up within or in parallel with the Financial Perspective (10);

                  11.

                  Invites the Commission to organise and perform in the medium term, e.g. on a standard three-year cycle, a cross-cutting analysis of the evaluations carried out on individual Agencies in order to:

                              (a)

                              reach conclusions with regard to the coherence of Agency activity with EU policies in general and as regards the synergies existing or to be developed between the agencies and Commission departments and the avoidance of overlapping between them;

                              (b)

                              make an assessment of the broader European added value of the Agencies' outputs in their respective area of activity and of the relevance, efficiency and effectiveness of the Agency model in implementing or contributing to EU policies;

                              (c)

                              determine and enhance the impact of the Agencies' actions in terms of the proximity, accessibility and visibility of the EU to its citizens;

                  12.

                  Expects such an overall analysis to be available by the end of 2005 so as to cover the three-year period from the time of the introduction of the new Financial Regulation and the consequent new framework in the Agencies' system;

                  13.

                  Invites the Agencies to participate actively in such a process and to cooperate with the Commission, providing the necessary input on matters that they feel are of substance to their functioning, role, remit and needs, as well as on any matter which could help to improve the whole discharge procedure, with a view to contributing to the success of such a process and increasing the accountability and transparency of the Agencies; invites Agencies to present such input also to its competent committees;

                  14.

                  Calls on the Commission, in parallel with this exercise, to present by the end of 2005 at the latest, proposals for changes to be made in the existing Agencies' Constituent Acts with a view, inter alia, to optimising its relationship with the Agencies; such proposals should aim at:

                              (a)

                              increasing communication between the Commission and the Agencies;

                              (b)

                              establishing or expanding cooperation in defining needs to be covered and objectives, outputs to be produced and the strategy to achieve them, and in setting standards for monitoring and evaluation;

                              (c)

                              enhancing complementary action, better organising the necessary resources and their effective allocation to produce results, and devising a communication strategy for dissemination of those results;

                  15.

                  Emphasises that, before any decision is taken to propose the creation of a new agency, the Commission must undertake a strict evaluation of the need and added value of the function of this Agency, bearing in mind existing structures, the principles of subsidiarity, budgetary austerity and the simplification of procedures;

                  16.

                  Expects the Commission to present swiftly the guidelines concerning staff policy of the Agencies that Parliament had requested the Commission to present before the end of the 2005 budgetary procedure;

            General points addressed to the Agencies

                  17.

                  Expects to receive from now on, from each of the Agencies, the report summarising information on the audits carried out by the Internal Auditor, the recommendations made and the action taken on these recommendations in accordance with Article 72(5) of Regulation (EC, Euratom) No 2343/2002;

                  18.

                  Invites the Agencies to make further efforts to apply correctly the staff regulations and rules applicable to other civil servants with regard to their staff (recruitment procedures and relevant decisions taken, personal files, calculation of remuneration and other entitlements, promotions policy, percentage of vacant posts, quotas for respecting gender equality, etc.);

                  19.

                  Notes that, in general, the respective percentage of male and female employees in the overall staff composition of the Agencies shows that an imbalance between men and women exists; regrets that men make up about one third of staff and are over-represented in high grade positions while women are generally over-represented in low grade positions; expects the Agencies to take immediate and effective measures to correct this situation;

                  20.

                  Calls on the Agencies to ensure that all the relevant provisions of Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (11) are introduced in their respective staff policies;

                  21.

                  Expects the Agencies, in response to the relevant observations of the ECA, to comply fully with the budgetary principles as set out in the Financial Regulation, in particular those of unity and budgetary accuracy; calls on the Agencies that have not yet done so to fulfil the Financial Regulation's requirements on accounting matters and to strengthen further their procedures as regards internal management and control with the aim of increasing accountability, transparency and European added value;

                  22.

                  Encourages the Agencies, especially those whose activities have points in common with the activities or missions of other Agencies, to strengthen their cooperation, thus opening up opportunities for developing synergies; invites them to formalise, where appropriate, such cooperation through specific agreements (joint declarations, memoranda of understanding, decisions on joint planning and actions/programmes presenting complementary characteristics) so as to ensure that there is no duplication of work, that each Agency's output is clearly identified and that the result of joint efforts maximises the added value and the impact of their work; expects to be informed regularly on this issue;

                  23.

                  Calls on the Agencies to pay special attention to procedures for the award and management of contracts; invites them to take all appropriate measures as regards their administrative structures in order to strengthen their internal control procedures, channels and management; takes the view that such measures may include, where necessary or feasible, the setting-up of specialised units entrusted with the task of advising, on the basis of risk analysis, on how best to prepare contract award procedures, to ensure monitoring and to carry out follow-up, as required; on this matter, calls on the Commission and the ECA to strengthen cooperation with the Agencies;

                  24.

                  Notes the difficulties to which some Directors, in particular of the ‘newly created’ Agencies, referred with regard to the Agencies' compliance with the calendar and deadlines for reporting as set in the Financial Regulation; invites the Agencies' Directors, in the perspective of the forthcoming review of the Financial Regulation to be held in 2005, to inform its Committees on Budgets and Budgetary Control of the difficulties encountered so far so that these may be considered in the framework of the review; expects the Directors to make specific proposals for alternative arrangements as to deadlines that may best suit their functioning requirements while respecting the reporting obligations of the Agencies as provided for in the Financial Regulation;

                  25.

                  Notes the positive response by the Agencies' Directors to the call by Parliament's committee responsible for preparing discharge for the establishment of a more precise system of communication, in particular as regards the transmission by the Agencies to that committee of documents relating to the Agencies' reporting obligations; takes the view that better organisation of such communication will strengthen its cooperation with the Agencies and enhance democratic control;

                  26.

                  Invites the Directors of the Agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

                  27.

                  Invites the Agencies to develop a comprehensive strategy of communication addressing the need to make available, in the appropriate form, the results of their work to the general public beyond the presentation of such results to the Institutions, Member States' competent services, specialists, partners or specific beneficiaries; calls on the Agencies, in view of the development of such a strategy, to intensify their cooperation and exchange information on best practice aimed at achieving this goal; expects its competent committees to be duly informed by the Agencies, before the next discharge exercise, on the progress made in devising such a strategy in order to ensure the effective and timely monitoring of their activities;

            General points addressed to the ECA and the Agencies

                  28.

                  Welcomes the ECA's initiative to add a table to its specific reports on the Agencies presenting summary information on the competences, governance, resources available and products/output of the particular agency; takes the view that this enhances the clarity and transparency of the work of these Community bodies, while providing a useful basis for comparison, where appropriate, with a view to helping set up the harmonised framework for the Agencies that Parliament has called for;

                  29.

                  Invites the ECA and the Agencies to strengthen their cooperation in order to enhance the procedures and technical tools to improve the sound management of all the budgetary and finance issues, with the view to establishing a methodology that prepares the ground for a positive budget discharge from the start of the process; expects to be informed regularly of the progress made and the implementation of best practices;

                  30.

                  Calls on the ECA and the Agencies to enhance transparency in the procédure contradictoire prior to the ECA's final report, so as to avoid any contradiction or ambiguity which could jeopardise the credibility of the whole exercise; in this respect, invites the ECA and the Commission to propose a feasible way of updating information on the improvements made and/or the problems found, from the time when the ECA's preparatory report is first discussed until the time of the decision as to whether to grant discharge, in order to offer the most accurate picture of the situation of the Agencies.

         (1)  OJ C 324, 30.12.2004, p. 1.

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

         (3)  OJ L 245, 29.9.2003, p. 38.

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

         (5)  OJ L 330, 4.11.2004, p. 8.

         (6)  Calculation according to the principles of Article 15 of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 (OJ L 130, 31.5.2000. p. 8.

         (7)  In 2003 the Agency depreciated its fixed assets for the first time.

         (8)  The negative balance is due to the fact that carry-overs are still being treated as expenditure, without any economic adjustment. A rough estimate of the adjustment to be applied suggests that the actual balance for the financial year is of the order of a EUR 1 million.

         NB: Differences in totals are due to the effects of rounding.

         Source: The Agency's data, the tables present, in summary form, the data provided by the Agency in its own accounts.

         (9)  As set out in Annex 1 to the Communication from the Commission to the Council and the European Parliament ‘Building our common future, policy challenges and budgetary means of the enlarged Union 2007-2013’, (COM(2004) 0101, p. 38).

         (10)  See Annex to the Commission's report on the follow-up to 2002 Discharges (COM(2004) 0648, p. 108).

         (11)  OJ L 269, 5.10.2002, p. 15.


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31982D0754

82/754/EEC: Council Decision of 9 November 1982 appointing the members and alternate members of the Advisory Committee on Medical Training

Official Journal L 317 , 13/11/1982 P. 0025 - 0026

*****COUNCIL  DECISION  of 9 November 1982  appointing the members and alternate members of the Advisory Committee on Medical Training  (82/754/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to Council Decision 75/364/EEC of 16 June 1975 setting up an Advisory Committee on Medical Training (1), and in particular Articles 3 and 4 thereof,  Having regard to Council Decision 79/846/EEC of 9 October 1979 appointing the members and alternate members of the Advisory Committee on Medical Training for the period from 6 April 1979 to 5 April 1982 (2),  Whereas the Government of the Hellenic Republic has submitted a list of candidates for the appointment of members and alternate members of that committee;  Whereas each of the other Governments of the Member States has submitted a list of candidates for the replacement or renewal of the term of office of these members and alternate members;  Whereas in view of its special position, Luxembourg will designate in place of experts from university medical faculties experts proposed by the Commission d'homologation (Standardization Committee) for foreign medical diplomas,  HAS DECIDED AS FOLLOWS:  Sole Article  The following have been appointed members and alternate members of the Advisory Committee on Medical Training for the period from 9 November 1982 to 8 November 1985:  A. Experts from the practising profession  1.2.3 //   // Member  // Alternate member  // Belgium:  // Mr André Wynen  // Mr Marc Dekesel  // Denmark:  // Mr E. Holst  // Mr J. P. Steensen  // Germany:  // Mr Wolfgang Bechtoldt  // Mr Heinz-Peter Braeuer  // Greece:  // Mr N. Papakyriazis  // Mr Floros Loucas  // France:  // Mr Pouyaud  // Mr Autin  // Ireland:  // Mr P. A. Farrelly  // Mr C. Galvin  // Italy:  // Mr Bruno Baruchello  // Mr Guido Testa  // Luxembourg:  // Mr G. Meisch  // Mr M. Demoullin  // Netherlands:  // Mr W. van Zeben  // Mr J. I. van der Leeuw  // United Kingdom:  // Mr 1979, p. 12.  B. Experts from the medical faculties of the universities  1.2.3 //   // Member  // Alternate member  // Belgium:  // Mr André Castermans  // Mr Jozuë Vandenbroucke  // Denmark:  // Mr B. Soerensen  // Mr Melchior  // Germany:  // Mr Klaus Hinrichsen  // Mr Eduard Seidler  // Greece:  // Mrs E. Moulopoulou-Karakitsou  // Mr E. Garelis  // France:  // Mr Jean Rey  // Mr Jean Dorner  // Ireland:  // Mr J. C. McCormick  // Mr D. J. O'Sullivan  // Italy:  // Mr Raffaello Cortesini  // Mr Francesco Filadoro  // Luxembourg:  // Mr Dicato  // Mr A. Betz  // Netherlands:  // Mr F. van Faassen  // Mr H. J. Dokter  // United Kingdom:  // Mr R. F. Whelan  // Mr P. G. Bevan  C. Experts from the competent authorities of the Member States  1.2.3 //   // Member  // Alternate member  // Belgium:  // Mr Pieter De Schouwer  // Mrs Yvonne Rombouts  // Denmark:  // Mr H. Karle  // Mr E. Goldschmidt  // Germany:  // Mrs Marilene Schleicher  // Mr Georg Scholz  // Greece:  // Mr A. Philalithis  // Mr K. Sfangos  // France:  // Mr Gilbert Tchernia  // Mr Pierre Labrousse  // Ireland:  // Mr M. P. Brady  // Mr A. Walsh  // Italy:  // Mr Carlo Vetere  // Mr Arturo Cornetta  // Luxembourg:  // Mr J. Kohl  // Mr E. Heisbourg  // Netherlands:  // Mr N. J. Dersjant  // Mr R. M. A. Krul  // United Kingdom:  // Mr Arthur Crisp  // Mr J. J. A. Reid  Done at Brussels, 9 November 1982.  For the Council  The President  K. ENGGAARD R. Brearley  // Mr James Cameron  (1) OJ No L 167, 30. 6. 1975, p. 17. (2) OJ No L 260, 16. 10.


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32002D0983

2002/983/EC: Commission Decision of 16 December 2002 on the continuation of Community comparative trials and tests on propagating and planting material of Prunus domestica under Council Directive 92/34/EEC (Text with EEA relevance)

Official Journal L 341 , 17/12/2002 P. 0069 - 0069

Commission Decisionof 16 December 2002on the continuation of Community comparative trials and tests on propagating and planting material of Prunus domestica under Council Directive 92/34/EEC(Text with EEA relevance)(2002/983/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants, intended for fruit production(1), as last amended by Commission Decision 2002/112/EC(2),Having regard to Commission Decision 2001/896/EC of 12 December 2001 setting out the arrangements for Community comparative trials and tests on propagating and planting material of fruit plants under Council Directive 92/34/EEC(3), and in particular Article 2 thereof,Whereas:(1) Decision 2001/896/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 92/34/EEC as regards Prunus domestica from 2002 to 2006.(2) Tests and trials carried out in 2002 should be continued in 2003,HAS DECIDED AS FOLLOWS:Sole ArticleCommunity comparative trials and tests which began in 2002 on propagating and planting material of Prunus domestica shall be continued in 2003 in accordance with Decision 2001/896/EC.Done at Brussels, 16 December 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 157, 10.6.1992, p. 10.(2) OJ L 41, 13.2.2002, p. 44.(3) OJ L 331, 15.12.2001, p. 95.


title: 2012/114/EU: Council Decision of 14 February 2012 on the position to be taken by the European Union within the General Council of the World Trade Organization on the request for a WTO waiver on additional autonomous trade preferences granted by the European Union to Pakistan

text:
               24.2.2012

               EN

               Official Journal of the European Union

               L 52/2

         COUNCIL DECISION
   of 14 February 2012
   on the position to be taken by the European Union within the General Council of the World Trade Organization on the request for a WTO waiver on additional autonomous trade preferences granted by the European Union to Pakistan
   (2012/114/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union is currently in the process of adopting legislation for granting additional autonomous trade preferences to Pakistan. In the absence of a waiver from the Union’s obligations under paragraph 1 of Article I and Article XIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), to the extent necessary, the treatment provided by those additional autonomous trade preferences would need to be extended to all other Members of the World Trade Organization (WTO). It is therefore appropriate to request a waiver from paragraph 1 of Article I and Article XIII GATT 1994, to the extent necessary, pursuant to paragraph 3 of Article IX of the Marrakesh Agreement establishing the World Trade Organization.

               (2)

               The Union submitted such a request for a waiver on 18 November 2010, and subsequently revised it on 26 October 2011 and 19 January 2012, and the WTO General Council is to deliberate thereon.

               (3)

               It is appropriate, therefore, to establish the position to be taken by the Union within the WTO General Council concerning that request,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the General Council of the World Trade Organization is to approve the WTO waiver on additional autonomous trade preferences granted by the European Union to Pakistan.
   This position shall be expressed by the Commission.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 14 February 2012.

            For the Council

            The President

         M. LIDEGAARD


title: 2013/792/EU: Council Decision of 16 December 2013 on the launch of automated data exchange with regard to dactyloscopic data in Finland

text:
               21.12.2013

               EN

               Official Journal of the European Union

               L 349/103

         COUNCIL DECISION
   of 16 December 2013
   on the launch of automated data exchange with regard to dactyloscopic data in Finland
   (2013/792/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (5)

               Finland has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

               (6)

               A successful pilot run has been carried out by Finland with Austria.

               (7)

               An evaluation visit has taken place in Finland and a report on the evaluation visit has been produced by the Austrian evaluation team and forwarded to the relevant Council Working Group.

               (8)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching of dactyloscopic data, Finland has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 9 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 16 December 2013.

            For the Council

            The President

         V. JUKNA

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


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41994D0029

The Schengen acquis - Decision of the Executive Committee of 22 December 1994 on bringing into force the Convention implementing the Schengen Agreement of 19 June 1990 (SCH/Com-ex (94) 29, rev. 2)

Official Journal L 239 , 22/09/2000 P. 0130 - 0132

DECISION OF THE EXECUTIVE COMMITTEEof 22 December 1994on bringing into force the Convention implementing the Schengen Agreement of 19 June 1990(SCH/Com-ex (94)29 rev. 2)THE EXECUTIVE COMMITTEE,Having regard to Article 2 of the Convention implementing the Schengen Agreement,Having regard to Article 131 of the abovementioned Convention,Having regard to Article 132 of the abovementioned Convention,Having regard to Article 139(2) in conjunction with paragraphs 1 and 2 of Joint Declaration I on Article 139 contained in the Final Act of the abovementioned Convention,HAS DECIDED AS FOLLOWS:The Convention implementing the Schengen Agreement (hereinafter the "Convention") shall be applied irreversibly:1. Bringing into force the rules and regulationsThe Convention shall be brought into force in its entirety on 26 March 1995 for the initial Signatory States namely Belgium, Germany, France, Luxembourg and the Netherlands and the acceding States, Spain and Portugal.From that date onwards all provisions of the Convention shall apply to relations between the Schengen Contracting Parties in accordance with the decisions of the Executive Committee, in particular those relating to:- the abolition of checks on persons at internal borders, in particular the removal of obstacles to and restrictions on traffic at road crossings on the internal borders(SCH/Com-ex (94)1 rev. 2),- the introduction and application of Schengen arrangements at airports and aerodromes(SCH/Com-ex (94)17 rev. 4),- the performance of checks at the external borders and measures to further enhance security at the external borders(SCH/Com-ex (93)4 rev. 2 corr(1); SCH/Com-ex (94)decl. 8 corr(2); SCH/Com-ex (94)12; SCH/Com-ex (94)16 rev.; SCH/Com-ex (94)23 rev.),- the common policy on visas(SCH/Com-ex (93)6; SCH/Com-ex (93)7; SCH/Com-ex (93)19; SCH/Com-ex (93)24; SCH/Com-ex (93)21; SCH/Com-ex (94)15 rev.; SCH/Com-ex (94)2; SCH/Com-ex (94)5;SCH/Com-ex (94)6; SCH/Com-ex (94)7; SCH/Com-ex (94)20 rev.; SCH/Com-ex (94)24)),- the fight against illegal trafficking in narcotic drugs and psychotropic substances(SCH/Com-ex (93)9; SCH/Com-ex (94)28 rev.),- responsibility for examining asylum applications(SCH/Com-ex (93)15 corr.(3); SCH/Com-ex (94)3; SCH/Com-ex (94)11,- international mutual judicial assistance(SCH/Com-ex (93)14).A decision shall be adopted at a later date for the other States which have acceded to the Convention, namely Italy and Greece, as soon as they have satisfied the preconditions for the Convention to be brought into force.2. Declaring the Schengen Information System (SIS) operationalThe SIS shall be declared operational and accessible to the authorities entitled to consult directly the data contained therein on 26 March 1995.The Sirene Manual (SCH/Com-ex (93)8(4)) supplementing the SIS shall apply in its entirety with effect as of that date.By reason of the conclusions of the report by the SIS Steering Committee, the Executive Committee considers that the SIS will be operational on that date and that the existing national data deemed essential within the meaning of its declaration of 18 October 1993 (SCH/Com-ex (93)decl. 1(5)) shall then have been loaded in accordance with its declaration of 27 June 1994 (SCH/Com-ex (94)decl. 4 rev. 2).As of that date the Joint Supervisory Authority provided for under Article 115 of the Convention shall assume its functions.The provisions of the Convention on data protection shall apply in their entirety. The Executive Committee refers to the notification by the Provisional Joint Supervisory Authority for data protection that the Contracting Parties which have successfully completed the tests satisfy the data protection conditions required for the putting into operation of the SIS.3. Arrangements for the preparatory period (22 December 1994 to 26 March 1995)The Executive Committee requests the Contracting Parties which have successfully completed the tests to adopt the following measures before 26 March 1995:- to consolidate in terms of organisational and human resources the measures necessary for the full application of the Schengen rules and regulations, particularly in the fields of consular, judicial and police cooperation as well as in the fight against narcotic drugs; to continue to ensure that the competent staff are trained in the application of the Schengen rules and regulations and- to complete the preparations in terms of technical, organisational and human resources with a view to bringing the N.SIS into operation in relation to the C.SIS and to complete preparations for end-user access to this system.The Executive Committee instructs the SIS Steering Committee to confirm in good time before the abovementioned date that the SIS is ready for operation in terms of technical, organisational and human resources.The Executive Committee requests the Contracting States to confirm that the system is accessible to the authorities entitled to direct consultation already notified to the Executive Committee (SCH/OR.SIS (94)18 rev. 3).The Executive Committee requests the Contracting Parties to load retroactively during this period other data on persons or objects which go beyond the data deemed essential (SCH/Com-ex (94)decl. 4 rev. 2(6)). The SIS databases must be constantly updated.The Executive Committee calls on the Contracting Parties to ensure that airlines make the changes necessary for the free movement of persons at the latest by the change in flight schedules on 26 March 1995 and that airport operators complete the measures provided for to this end in the decision on the introduction and application of the Schengen arrangements at airports and aerodromes (SCH/Com-ex (94)17 rev. 4) and create the necessary organisational and technical preconditions for the free movement of persons by that date.The Contracting Parties are requested to inform the airlines and airport operators accordingly as soon as possible.4. Organisation of the application of the Convention after its entry into force, particularly in the initial phase of applicationThe purpose of implementing the Convention is to enhance the security of citizens in Europe whilst creating the preconditions necessary to achieve the free movement of persons within the meaning of Article 7a of the Treaty establishing the European Community.The Executive Committee therefore attaches particular importance to the initial phase of the application of the Convention in its entirety during the first three months after 26 March 1995.Each Contracting Party shall be responsible for the application of the Convention, particularly the abolition of checks at the internal borders during the initial phase of application. The Contracting Parties shall keep each other mutually informed, shall consult whenever necessary and shall work in close cooperation.With a view to creating the instrument necessary for the administration of the Convention, the Executive Committee hereby decides to set up a permanent follow-up structure composed of the existing Central Group and its working groups and sub-groups.The Executive Committee instructs the permanent follow-up structure during the initial phase of application to monitor particularly closely the application of the Schengen rules and regulations, to identify, analyse and resolve rapidly any technical problems and, if necessary, to take measures with a view to the more effective application of the Convention.The Executive Committee instructs the Presidency as of 1 January 1995 to prepare the work of this follow-up structure and to ensure particularly that the working groups identify any difficulties and rapidly devise solutions.During the initial three-month application period, the working groups of the follow-up structure shall convene regularly and as often as necessary.Should urgent decisions be required in particular cases, the Central Group may convene a select meeting at short notice as the follow-up committee. The follow-up committee shall be composed of either the heads of delegation of each Contracting Party or a high-ranking official designated by each of the Contracting Parties assisted by the representatives of the working groups which must be consulted to resolve any problems arising.At the request of one Contracting Party, the Central Group shall also undertake a general analysis of the difficulties arising and shall propose solutions devised in collaboration with the working groups and sub-groups.In the absence of agreement within the Central Group, the matter shall be referred to the Executive Committee. In this respect, the Contracting Parties concerned must be granted the opportunity to give an opinion on its conclusions.Each Contracting Party may also request the Central Group to assess situations which have only arisen on its own national territory.Three months after the Convention has been brought into force, the Central Group shall submit a preliminary report to the Executive Committee dealing with the functioning of the SIS, the efficacy of controls at the external borders, the efficiency of the fight against narcotic drugs and the results of police and judicial cooperation.The Central Group shall submit a general report to the Executive Committee by 31 March 1996.Bonn, 22 December 1994.The ChairmanBernd Schmidbauer(1) See SCH/Com-ex (99)13.(2) This document is not taken over in the acquis.(3) "Asylum" provisions taken over in the Bonn Protocol (SCH/Com-ex (94)3).(4) Replaced by SCH/Com-ex (99)5.(5) This document is not taken over in the acquis.(6) This document is not taken over in the acquis.


title: Decision (EU) 2016/1112 of the European Parliament and of the Council of 6 July 2016 providing further macro-financial assistance to Tunisia

text:
               9.7.2016

               EN

               Official Journal of the European Union

               L 186/1

         DECISION (EU) 2016/1112 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 6 July 2016
   providing further macro-financial assistance to Tunisia
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212(2) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Acting in accordance with the ordinary legislative procedure (1),
   Whereas:

               (1)

               Relations between the European Union (the ‘Union’) and the Republic of Tunisia (‘Tunisia’) are developing within the framework of the European Neighbourhood Policy (ENP). Tunisia was the first Mediterranean country to sign an Association Agreement (2) with the Union on 17 July 1995, which came into force on 1 March 1998. Under that Agreement, Tunisia finalised dismantling tariffs for industrial products in 2008, thus making Tunisia the first Mediterranean country to enter into a free trade area with the Union. Bilateral political dialogue and economic cooperation have been further developed within the framework of ENP Action Plans, of which the most recent covers the period 2013-2017.

               (2)

               Following the revolution and the ousting of President Ben Ali on 14 January 2011, Tunisia's first free and democratic elections took place on 23 October 2011. A new constitution was adopted in January 2014, and parliamentary and presidential elections took place in the fourth quarter of 2014, with concerted efforts by the main political actors to proceed with reforms towards a fully-fledged democratic system.

               (3)

               In parallel with this political transition process, the Tunisian economy has suffered from continuous domestic unrest, regional instability (including the impact of the Libyan conflict) and a weak international environment (particularly in the Union, Tunisia's main trading partner). Those unfavourable developments have substantially weakened its growth performance, as well as its fiscal and balance of payments positions.

               (4)

               Since 2011, following the political changes in Tunisia, the Union has expressed its unequivocal commitment to supporting Tunisia in its economic and political reform process. It has increased its financial support to Tunisia, strengthening its cooperation in many fields, including civil society, the electoral system, security, regional development and social and economic reforms. In addition, it has offered the possibility of concluding a Deep and Comprehensive Free Trade Area agreement, the negotiations of which were launched in October 2014.

               (5)

               In this difficult economic and financial context, the Tunisian authorities and the International Monetary Fund (IMF) agreed, in April 2013, on a non-precautionary three-year Stand-By Arrangement of SDR 1 146 million (Special Drawing Rights) in support of Tunisia's economic adjustment and reform programme, which was subsequently extended until the end of 2015. In total, USD 1 500 million has been drawn under the IMF programme following six completed programme reviews.

               (6)

               In August 2013, Tunisia requested complementary macro-financial assistance from the Union. In response, a decision providing macro-financial assistance of EUR 300 million in the form of loans was adopted in May 2014 (MFA-I) (3). The Memorandum of Understanding defining the policy conditions related to MFA-I entered into force on 4 March 2015. Following implementation of the agreed policy measures, the first tranche of MFA-I was disbursed on 7 May 2015 and the second tranche was disbursed on 1 December 2015.

               (7)

               The Union made EUR 524 million available in grants for the period 2011-2015 under its regular cooperation programme in support of Tunisia's economic and political reform agenda. In addition, EUR 155 million was allocated to Tunisia in 2011-2013 under the ‘Support for partnership, reforms and inclusive growth’ (SPRING) programme and EUR 122 million was allocated in 2014-2015 under the ‘Umbrella’ programme. Moreover, the European Investment Bank has provided loans in the amount of EUR 1 338 million since 2011.

               (8)

               In 2015, Tunisia's economy was significantly affected by several terrorist attacks which targeted key economic industries, such as tourism and transport, and aimed to disrupt the consolidation of its political transition. Those attacks have had a negative impact on the economic recovery Tunisia was beginning to experience. Together with persistent regional instability (including the reactivation of the Libyan conflict), and the still weak European and global economic environment, those events have exacerbated Tunisia's already weak balance of payments and fiscal positions. This has resulted in significant external and budgetary financial gaps.

               (9)

               In this challenging context, the Union has reaffirmed its commitment to supporting Tunisia in its economic and political reform process. In particular, this commitment was expressed in the conclusions of the meeting of the Association Council between the Union and Tunisia in March 2015, as well as following the June 2015 terrorist attack near Sousse, in the Council conclusions of 20 July 2015. Political and economic support from the Union for Tunisia's reform process is consistent with the Union's policy towards the Southern Mediterranean region, as set out in the context of the ENP.

               (10)

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

               (11)

               In August 2015, in view of the worsening economic situation and outlook, Tunisia requested additional macro-financial assistance from the Union.

               (12)

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

               (13)

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

               (14)

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

               (15)

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

               (16)

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

               (17)

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

               (18)

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

               (19)

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

               (20)

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

               (21)

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

               (22)

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

               (23)

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

               (24)

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

               (25)

               In order to ensure uniform conditions for the implementation of this Decision, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4).

               (26)

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

         HAVE ADOPTED THIS DECISION:
   Article 1
   1.   The Union shall make macro-financial assistance of a maximum amount of EUR 500 million available to Tunisia (the ‘Union's macro-financial assistance’), with a view to supporting Tunisia's economic stabilisation and a substantive reform agenda. The assistance shall contribute to covering Tunisia's balance of payments needs as identified in the IMF programme.
   2.   The full amount of the Union's macro-financial assistance shall be provided to Tunisia in the form of loans. The Commission shall be empowered, on behalf of the Union, to borrow the necessary funds on the capital markets or from financial institutions and to on-lend them to Tunisia. The loans shall have a maximum average maturity of 15 years.
   3.   The release of the Union's macro-financial assistance shall be managed by the Commission in a manner consistent with the agreements or understandings reached between the IMF and Tunisia, and with the key principles and objectives of economic reforms set out in the EU-Tunisia Association Agreement. The Commission shall regularly inform the European Parliament and the Council of developments regarding the Union's macro-financial assistance, including disbursements thereof, and shall provide those institutions with the relevant documents in due time.
   4.   The Union's macro-financial assistance shall be made available for a period of two and a half years, starting from the first day after the entry into force of the Memorandum of Understanding referred to in Article 3(1).
   5.   If the financing needs of Tunisia decrease fundamentally during the period of the disbursement of the Union's macro-financial assistance compared to the initial projections, the Commission, acting in accordance with the examination procedure referred to in Article 7(2), shall reduce the amount of the assistance or suspend or cancel it.
   Article 2
   1.   A pre-condition for granting the Union's macro-financial assistance shall be that Tunisia respects effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, and guarantees respect for human rights.
   2.   The Commission and the European External Action Service shall monitor the fulfilment of the pre-condition set out in paragraph 1 throughout the life-cycle of the Union's macro-financial assistance.
   3.   Paragraphs 1 and 2 shall be applied in accordance with Council Decision 2010/427/EU (5).
   Article 3
   1.   The Commission, in accordance with the examination procedure referred to in Article 7(2), shall agree with the Tunisian authorities on clearly defined economic policy and financial conditions, focusing on structural reforms and sound public finances, to which the Union's macro-financial assistance is to be subject, to be laid down in a Memorandum of Understanding (the ‘Memorandum of Understanding’). The economic policy and financial conditions set out in the Memorandum of Understanding shall be consistent with the agreements or understandings referred to in Article 1(3), including the macroeconomic adjustment and structural reform programmes implemented by Tunisia with the support of the IMF.
   2.   The conditions referred to in paragraph 1 shall aim, in particular, at enhancing the efficiency, transparency and accountability of the public finance management systems in Tunisia, including for the use of the Union's macro-financial assistance. Progress in mutual market opening, the development of rules-based and fair trade and other priorities in the context of the Union's external policy shall also be duly taken into account when designing the policy measures. Progress in attaining those objectives shall be regularly monitored by the Commission.
   3.   The detailed financial terms of the Union's macro-financial assistance shall be laid down in a Loan Agreement to be concluded between the Commission and the Tunisian authorities.
   4.   The Commission shall verify at regular intervals that the conditions referred to in Article 4(3) continue to be met, including whether the economic policies of Tunisia are in accordance with the objectives of the Union's macro-financial assistance. In so doing, the Commission shall coordinate closely with the IMF and the World Bank, and, where necessary, with the European Parliament and the Council.
   Article 4
   1.   Subject to the conditions in paragraph 3, the Union's macro-financial assistance shall be made available by the Commission in three loan instalments. The size of each instalment shall be laid down in the Memorandum of Understanding.
   2.   The amounts of the Union's macro-financial assistance shall be provisioned, where required, in accordance with Council Regulation (EC, Euratom) No 480/2009 (6).
   3.   The Commission shall decide on the release of the instalments subject to the fulfilment of all of the following conditions:

               (a)

               the pre-condition set out in Article 2;

               (b)

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

               (c)

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

         The release of the second instalment shall not, in principle, take place earlier than three months after the release of the first instalment. The release of the third instalment shall not, in principle, take place earlier than three months after the release of the second instalment.
   4.   Where the conditions in the first subparagraph of paragraph 3 are continuously not met, the Commission shall temporarily suspend or cancel the disbursement of the Union's macro-financial assistance. In such cases, it shall inform the European Parliament and the Council of the reasons for that suspension or cancellation.
   5.   The Union's macro-financial assistance shall be disbursed to the Central Bank of Tunisia. Subject to the provisions to be agreed in the Memorandum of Understanding, including a confirmation of residual budgetary financing needs, the Union funds may be transferred to the Tunisian Ministry of Finance as the final beneficiary.
   Article 5
   1.   The borrowing and lending operations related to the Union's macro-financial assistance shall be carried out in euro using the same value date and shall not involve the Union in the transformation of maturities, or expose it to any exchange or interest rate risk, or to any other commercial risk.
   2.   Where the circumstances permit, and if Tunisia so requests, the Commission may take the steps necessary to ensure that an early repayment clause is included in the loan terms and conditions and that it is matched by a corresponding clause in the terms and conditions of the borrowing operations.
   3.   Where circumstances permit an improvement of the interest rate of the loan and if Tunisia so requests, the Commission may decide to refinance all or part of its initial borrowings or may restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with paragraphs 1 and 4 and shall not have the effect of extending the maturity of the borrowings concerned or of increasing the amount of capital outstanding at the date of the refinancing or restructuring.
   4.   All costs incurred by the Union which relate to the borrowing and lending operations under this Decision shall be borne by Tunisia.
   5.   The Commission shall inform the European Parliament and the Council of developments in the operations referred to in paragraphs 2 and 3.
   Article 6
   1.   The Union's macro-financial assistance shall be implemented in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7) and Commission Delegated Regulation (EU) No 1268/2012 (8).
   2.   The implementation of the Union's macro-financial assistance shall be under direct management.
   3.   The Loan Agreement referred to in Article 3(3) shall contain provisions:

               (a)

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

               (b)

               ensuring the protection of the Union's financial interests, in particular providing for specific measures in relation to the prevention of, and fight against, fraud, corruption and any other irregularities affecting the Union's macro-financial assistance, in accordance with Council Regulation (EC, Euratom) No 2988/95 (9), Council Regulation (Euratom, EC) No 2185/96 (10) and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (11);

               (c)

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

               (d)

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

               (e)

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

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

               (a)

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

               (b)

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

               (c)

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

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

      Done at Strasbourg, 6 July 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         I. KORČOK

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

      (2)  Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (OJ L 278, 21.10.2005, p. 9).

      (3)  Decision No 534/2014/EU of 15 May 2014 of the European Parliament and of the Council providing macro-financial assistance to the Republic of Tunisia (OJ L 151, 21.5.2014, p. 9).

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

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

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

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

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

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

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

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

      Joint statement by the European Parliament and the Council
      This Decision is adopted without prejudice to the Joint Declaration adopted together with Decision 778/2013/EU of the European Parliament and of the Council providing further macro-financial assistance to Georgia, which is to continue to be regarded as the basis for all decisions of the European Parliament and Council providing macro-financial assistance to third countries and territories.


title: Council Decision (CFSP) 2015/236 of 12 February 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               14.2.2015

               EN

               Official Journal of the European Union

               L 39/18

         COUNCIL DECISION (CFSP) 2015/236
   of 12 February 2015
   amending Decision 2010/413/CFSP concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (1), and in particular Article 23 thereof,
   Whereas:

               (1)

               On 26 July 2010, the Council adopted Decision 2010/413/CFSP.

               (2)

               Decision 2010/413/CFSP allows for, inter alia, the execution of obligations provided for in contracts concluded before 23 January 2012 or in ancillary contracts necessary for the execution of such obligations where the supply of Iranian crude oil and petroleum products or the proceeds derived from their supply are for the reimbursement of outstanding amounts with respect to contracts concluded before 23 January 2012 to persons or entities within the territories of Member States or under their jurisdiction, where those contracts specifically provide for such reimbursements.

               (3)

               Decision 2010/413/CFSP also provides that the asset freeze measures set out in that Decision do not apply to acts and transactions carried out with regard to entities listed in Annex II to that Decision insofar as necessary for the execution, until 31 December 2014, of the relevant obligations.

               (4)

               The Council considers that that exemption should be extended until 30 June 2015.

               (5)

               Further action by the Union is needed in order to implement measures provided for in this Decision.

               (6)

               By its judgment of 12 December 2013 in Case T-58/12, the General Court of the European Union annulled the Council's decision to include Gholam Golparvar, Ghasem Nabipour, Mansour Eslami, Mohamad Talai, Mohammad Fard, Alireza Ghezelayagh, Hassan Zadeh, Mohammad Pajand, Ahmad Sarkandi, Seyed Rasool and Ahmad Tafazoly on the list of persons and entities subject to restrictive measures set out in Annex II to Decision 2010/413/CFSP.

               (7)

               Gholam Golparvar should be included again on the list of persons and entities subject to restrictive measures, on the basis of a new statement of reasons.

               (8)

               By its judgment of 3 July 2014 in Case T-565/12, the General Court of the European Union annulled the Council's decision to include National Iranian Tanker Company on the list of persons and entities subject to restrictive measures set out in Annex II to Decision 2010/413/CFSP.

               (9)

               National Iranian Tanker Company should be included again on the list of persons and entities subject to restrictive measures, on the basis of a new statement of reasons.

               (10)

               Decision 2010/413/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 20(14) of Decision 2010/413/CFSP is replaced by the following:

      ‘14.   Paragraphs 1 and 2 shall not apply to acts and transactions carried out with regard to entities listed in Annex II insofar as necessary for the execution, until 30 June 2015, of the obligations as referred to in Article 3c(2) provided that those acts and transactions have been authorised in advance, on a case-by-case basis, by the relevant Member State. The relevant Member State shall inform the other Member States and the Commission of its intention to grant an authorisation.’

   Article 2
   Annex II to Decision 2010/413/CFSP is amended as set out in the Annex to this Decision.
   Article 3
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 12 February 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  OJ L 195, 27.7.2010, p. 39.

      ANNEX

                  I.

                  The entity listed below is inserted in the list set out in Part I of Annex II to Decision 2010/413/CFSP:
                  I.   Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran

                  B.   Entities

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              140.

                              National Iranian Tanker Company (NITC)

                                          35 East Shahid Atefi Street, Africa Ave., 19177 Tehran, P.O. Box: 19395-4833,

                                          Tel. +98 21 23801,

                                          E-mail: info@nitc-tankers.com; all offices worldwide

                              The National Iranian Tanker Company provides financial support to the Government of Iran through its shareholders the Iranian State Retirement Fund, the Iranian Social Security Organization, and the Oil Industry Employees Retirement and Savings Fund, which are State-controlled entities. Moreover, NITC is one of the largest operators of crude oil carriers in the world and one of the main transporters of Iranian crude oil. Accordingly, NITC provides logistical support to the Government of Iran through the transport of Iranian oil.

                  II.

                  The person listed below is inserted in the list set out in Part III of Annex II to Decision 2010/413/CFSP:
                  III.   Islamic Republic of Iran Shipping Lines (IRISL)

                  A.   Person

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              8.

                              Gholam Hossein Golparvar

                              Born on 23 January 1957, Iranian. ID Card No 4207.

                              Mr Golparvar acts on behalf of IRISL and companies associated with it. He has been commercial director of IRISL, as well as Managing Director and shareholder of the SAPID Shipping Company, non-executive director and shareholder of HDSL, and shareholder of Rhabaran Omid Darya Ship Management Company, which are designated by the EU as acting on behalf of IRISL.