title: Council Decision (EU) 2016/1750 of 17 June 2016 on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences

text:
               1.10.2016

               EN

               Official Journal of the European Union

               L 268/6

         COUNCIL DECISION (EU) 2016/1750
   of 17 June 2016
   on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(1) and Article 83, in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The conclusion of the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC) was approved on behalf of the Community by Council Decision 2004/513/EC (1).

               (2)

               In accordance with Council Decisions 2013/744/EU (2) and 2013/745/EU (3), the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC (‘the Protocol’) was signed on 20 December 2013, subject to its conclusion at a later date.

               (3)

               The Protocol represents a significant contribution to the international efforts to eliminate all forms of illicit trade in tobacco products, and thereby fight the circumvention of tax and customs duties obligations and reduce the supply of tobacco products, in line with Article 15 of the WHO FCTC. The Protocol also contributes to the smooth functioning of the internal market for tobacco products whilst ensuring a high level of public health.

               (4)

               The Protocol covers areas related to judicial cooperation in criminal matters, the definition of criminal offences and police cooperation. To the extent that Articles 14, 16, 19, 23, 26, 27, 29 and 30 of the Protocol may be implemented by measures falling within the scope of those areas, those provisions fall within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union.

               (5)

               By means of legal acts, the Union has established common rules in the areas of the judicial cooperation on criminal matters and the definition of criminal offences (4). Articles 14, 16, 26, 29 and 30 of the Protocol may affect the common rules or alter their scope. The Protocol should be approved on behalf of the Union as regards matters falling within the Union's competence only insofar as the Protocol may affect such common rules or alter their scope.

               (6)

               By concluding the Protocol, the Union will not be exercising shared competence, therefore Member States retain their competence in the areas covered by the Protocol which do not affect common rules or alter the scope of such common rules.

               (7)

               Ireland is bound by Council Act of 26 July 1995 and by Framework Decision 2001/500/JHA, and is therefore taking part in the adoption of this Decision.

               (8)

               In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (9)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (10)

               Council Decision (EU) 2016/1749 (5), adopted in parallel to this Decision, concerns the conclusion, on behalf of the Union, of the Protocol, with the exception of its provisions on obligations related to judicial cooperation in criminal matters and the definition of criminal offences.

               (11)

               The Protocol should be approved as regards matters that fall within the Union's competence,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control as regards Articles 14, 16, 26, 29 and 30, relating to judicial cooperation in criminal matters and the definition of criminal offences, is hereby approved on behalf of the Union.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union:

               (a)

               the instrument provided for in Article 44(1) of the Protocol;

               (b)

               the declaration of competences set out in the Annex to this Decision, in accordance with Article 44(3) of the Protocol.

         Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 17 June 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  Council Decision 2004/513/EC of 2 June 2004 concerning the conclusion of the WHO Framework Convention on Tobacco Control (OJ L 213, 15.6.2004, p. 8).

      (2)  Council Decision 2013/744/EU of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation (OJ L 333, 12.12.2013, p. 73).

      (3)  Council Decision 2013/745/EU of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, with the exception of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation (OJ L 333, 12.12.2013, p. 75).
   Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ L 182, 5.7.2001, p. 1).

      (4)  Council Act of 26 July 1995 drawing up the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48).

      (5)  Council Decision (EU) 2016/1749 of 17 June 2016 on the conclusion, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control, with the exception of provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (see page 1 of this Official Journal).

      ANNEX

         DECLARATION OF COMPETENCES BY THE EUROPEAN UNION IN RESPECT OF MATTERS COVERED BY THE PROTOCOL TO ELIMINATE ILLICIT TRADE IN TOBACCO PRODUCTS

         (PURSUANT TO ARTICLE 44 OF THE PROTOCOL)

      The European Union (EU) submits, in accordance with Article 44 of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control (‘FCTC Protocol’), the following Declaration of Competences specifying the categories and policy areas in respect of which the Member States of the EU have conferred competences upon the EU in the areas covered by the FCTC Protocol.
      1.   General Principles

      The categories and areas of Union competence are set out in Articles 2 to 6 TFEU. When the Treaties confer on the EU exclusive competence in a specific area, only the EU may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the EU or for the implementation of EU acts. When the Treaties confer on the EU a competence shared with the Member States in a specific area, the EU and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the EU has not exercised its competence. The Member States shall again exercise their competence to the extent that the EU has decided to cease exercising its competence.
      As regards the conclusion of international agreements, for the policy areas listed in Article 3(1) TFEU, only the EU has the competence to act. For the policy areas listed in Article 4(2) TFEU the EU and its Member States share competence, but only the EU has the competence to act when the envisaged action is necessary to enable the Union to exercise its internal competence, or insofar as the provisions in the agreement may affect common rules or alter their scope within the meaning of Article 3(2) TFEU; insofar as this is not the case (i.e. the conditions of Article 3(2) TFEU are not met), Member States may exercise their competence to act in these policy areas.
      Competences not attributed to the EU by the Treaties fall within the competences of the Member States of the EU.
      The EU will duly notify any substantial modification of the extent of its competences, in accordance with Article 44 of the Protocol, without this constituting a prerequisite for the exercise of its competence in matters covered by the FCTC Protocol.
      2.   Exclusive competence of the EU

                  2.1.

                  The EU has exclusive competence to act with respect to the matters covered by the FCTC Protocol that fall under the scope of the common commercial policy of the EU (Article 207 TFEU).

                  2.2.

                  In addition, the EU has exclusive competence to act with regard to matters covered by the FCTC protocol that fall under the scope of customs cooperation (Article 33 TFEU), approximation of laws in the internal market (Articles 113 and 114 TFEU), judicial cooperation in criminal matters (Article 82 TFEU) and definition of criminal offences (Article 83 TFEU), only insofar as the provisions of a Union act establish common rules that may be affected or altered in scope by provisions of the FCTC protocol.
                  The list of Union acts below illustrates the extent to which the Union has exercised its internal competence in these fields in accordance with the Treaty on the Functioning of the European Union. The extent of Union exclusive competence ensuing from these acts must be assessed by reference to the precise provisions of each measure, and in particular the extent to which these provisions establish common rules that risk to be affected or altered in scope by the provisions of the FCTC Protocol or an act adopted in implementation thereof.

                              —

                              Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1).

                              —

                              Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).

                              —

                              Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

                              —

                              Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12).

                              —

                              Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (OJ L 176, 5.7.2011, p. 24).

                              —

                              Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ L 182, 5.7.2001, p. 1).

                              —

                              Council Act of 26 July 1995 drawing up the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48).

            3.   Competence of the Member States

      For other matters covered by the FCTC Protocol not mentioned in sections 2.1 and 2.2, for which the EU has not exclusive competence to act, the Member States remain competent to act.


title: Council Decision 2014/482/CFSP of 22 July 2014 amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger)

text:
               23.7.2014

               EN

               Official Journal of the European Union

               L 217/31

         COUNCIL DECISION 2014/482/CFSP
   of 22 July 2014
   amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 16 July 2012, the Council adopted Decision 2012/392/CFSP (1) which expires on 15 July 2014.

               (2)

               On 28 October 2013, the Council adopted Decision 2013/533/CFSP (2) providing a financial reference amount for the period until 15 July 2014.

               (3)

               On 28 March 2014, the Political and Security Committee (PSC) recommended to extend the European Union CSDP mission in Niger (EUCAP Sahel Niger) for a period of two years in accordance with the Strategic Review.

               (4)

               On 2 May 2014, the High Representative of the Union for Foreign Affairs and Security Policy (HR) received a letter from the Nigerien authorities supporting the extension of EUCAP Sahel Niger for two years.

               (5)

               EUCAP Sahel Niger will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty on European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2012/392/CFSP is amended as follows:

               (1)

               Articles 2 and 3 are replaced by the following:
               ‘Article 2
               Objectives
               In the context of the implementation of the European Union Strategy for Security and Development in the Sahel, EUCAP Sahel Niger shall aim at enabling the Nigerien authorities to define and implement their own national Security Strategy. EUCAP Sahel Niger shall also aim at contributing to the development of an integrated, multidisciplinary, coherent, sustainable, and human-rights-based approach among the various Nigerien security actors in the fight against terrorism and organised crime.
               Article 3
               Tasks
               1.   In order to fulfil the objectives set out in Article 2, EUCAP Sahel Niger shall:

                           (a)

                           be ready to support the definition and implementation of a Nigerien Security Strategy while continuing advising and assisting in the implementation of the security dimension of the Nigerien Strategy for Security and Development in the North;

                           (b)

                           facilitate the coordination of regional and international projects supporting Niger in the fight against terrorism and organised crime;

                           (c)

                           strengthen the rule of law through the development of criminal investigation capacities, and in this context develop and implement adequate training programmes;

                           (d)

                           support the development of Nigerien Security and Defence Forces' sustainability;

                           (e)

                           contribute to the identification, planning and implementation of projects in the security field.

                     2.   EUCAP Sahel Niger shall focus on the activities mentioned in paragraph 1 which contribute to improving the control of the territory of Niger, including in coordination with the Nigerien Armed Forces.
               3.   EUCAP Sahel Niger shall not carry out any executive function.’.

               (2)

               Article 4 is amended as follows:

                           (a)

                           paragraph 3 is replaced by the following:
                           ‘3.   EUCAP Sahel Niger shall be structured in accordance with its planning documents.’;

                           (b)

                           paragraph 4 is deleted.

               (3)

               Article 6 is amended as follows:

                           (a)

                           the following paragraph is inserted:
                           ‘1a.   The Head of Mission shall represent EUCAP Sahel Niger in its operations area. The Head of Mission may delegate management tasks related to staff and financial matters to staff members of EUCAP Sahel Niger under his/her overall responsibility.’;

                           (b)

                           paragraph 3 is replaced by the following:
                           ‘3.   The Head of Mission shall issue instructions to all EUCAP Sahel Niger staff, including the Brussels Support Element, for the effective conduct of the EUCAP Sahel Niger in theatre, assuming its coordination and day-to-day management, and following the instructions at the strategic level of the Civilian Operation Commander.’;

                           (c)

                           paragraphs 4 and 8 are deleted.

               (4)

               In Article 7, paragraph 4 is replaced by the following:
               ‘4.   The conditions of employment and the rights and obligations of international and local staff shall be laid down in the contracts to be concluded between EUCAP Sahel Niger and the staff member concerned.’.

               (5)

               In Article 11, paragraph 5 is replaced by the following:
               ‘5.   The Head of Mission shall ensure the protection of EU classified information in accordance with Council Decision 2013/488/EU (3).

                  (3)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).’."

               (6)

               The following Article is inserted:
               ‘Article 12a
               Legal arrangements
               As required in order to implement this Decision, EUCAP Sahel Niger shall have the capacity to procure services and supplies, enter into contracts and administrative arrangements, employ staff, hold bank accounts, acquire and dispose of assets, discharge its liabilities and be a party to legal proceedings.’.

               (7)

               Article 13 is replaced by the following:
               ‘Article 13
               Financial arrangements
               1.   The financial reference amount intended to cover the expenditure related to EUCAP Sahel Niger for the period from 16 July 2012 to 31 October 2013 shall be EUR 8 700 000.
               The financial reference amount to cover the expenditure related to EUCAP Sahel Niger for the period from 1 November 2013 to 15 July 2014 shall be EUR 6 500 000.
               The financial reference amount to cover the expenditure related to EUCAP Sahel Niger for the period from 16 July 2014 to 15 July 2015 shall be EUR 9 155 000.
               2.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union. Nationals of third States and host country nationals shall be allowed to tender for contracts. Subject to the Commission's approval, EUCAP Sahel Niger may conclude technical arrangements with Member States, the host State, participating third States and other international actors regarding the provision of equipment, services and premises to EUCAP Sahel Niger.
               3.   EUCAP Sahel Niger shall be responsible for the implementation of its budget. For that purpose, EUCAP Sahel Niger shall sign an agreement with the Commission.
               4.   Without prejudice to the Agreement between the European Union and the Republic of Niger on the status of the European Union mission in Niger CSDP (EUCAP Sahel Niger) (4), EUCAP Sahel Niger shall be responsible for any claims and obligations arising from the implementation of its mandate as of 16 July 2014, with the exception of claims relating to serious misconduct by the Head of Mission, for which he/she shall bear responsibility.
               5.   The implementation of the financial arrangements shall be without prejudice to the chain of command as provided for in Articles 4, 5 and 6 and the operational requirements of EUCAP Sahel Niger, including compatibility of equipment and interoperability of its teams.
               6.   Expenditure shall be eligible as of 16 July 2012.

                  (4)  OJ L 242, 11.9.2013, p. 2.’."

               (8)

               The following Article is inserted:
               ‘Article 13a
               Project Cell
               1.   EUCAP Sahel Niger shall have a Project Cell for identifying and implementing projects. EUCAP Sahel Niger shall, as appropriate, facilitate and provide advice on projects implementedby Member States and third States under their responsibility in areas related to EUCAP Sahel Niger and in support of its objectives.
               2.   EUCAP Sahel Niger shall be authorised to seek recourse to financial contributions from the Member States or third States to implement a project if that project has been identified as supplementing in a consistent manner EUCAP Sahel Niger's other actions and it is:

                           (a)

                           provided for in the budgetary impact statement relating to this Decision; or

                           (b)

                           integrated in the budgetary impact statement during the mandate of EUCAP Sahel Niger by means of an amendment to the budgetary impact statement requested by the Head of Mission.

                     EUCAP Sahel Niger shall conclude an arrangement with contributing States, covering in particular the specific procedures for dealing with complaints from third parties concerning damage caused as a result of acts or omissions by EUCAP Sahel Niger in the use of the funds provided by those States. Under no circumstances may the contributing States hold the Union or the HR liable for acts or omissions by EUCAP Sahel Niger in the use of the funds provided by those States.
               3.   The PSC shall agree on the acceptance of financial contributions from third States to the Project Cell.’.

               (9)

               In Article 15 ‘Decision 2011/292/EU’ is replaced by ‘Decision 2013/488/EU’.

               (10)

               In Article 16 the second paragraph is replaced by the following:
               ‘It shall apply until 15 July 2016.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 16 July 2014.

      Done at Brussels, 22 July 2014.

            For the Council

            The President

         C. ASHTON

      (1)  Council Decision 2012/392/CFSP of 16 July 2012 on the European Union CSDP mission in Niger (EUCAP Sahel Niger) (OJ L 187, 17.7.2012, p. 48).

      (2)  Council Decision 2013/533/CFSP of 28 October 2013 amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger) (OJ L 288, 30.10.2013, p. 68).


title: 2008/438/EC,Euratom: Council and Commission Decision of 14 May 2008 on the conclusion of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               13.6.2008

               EN

               Official Journal of the European Union

               L 155/15

      COUNCIL AND COMMISSION DECISION

   of 14 May 2008
   on the conclusion of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2008/438/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament (1),
   Having regard to the Council’s approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, has been signed on behalf of the European Community and the Member States on 18 February 2008 in accordance with Council Decision 2008/273/EC (2).

               (2)

               Pending its entry into force the Protocol has been applied on a provisional basis as from the date of accession.

               (3)

               The Protocol should be concluded,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   The text of the Protocol is annexed to this Decision (3).
   Article 2
   The President of the Council shall, on behalf of the European Community and its Member States, deposit the instruments of approval provided for in Article 11 of the Protocol. The President of the Commission shall simultaneously deposit the instrument of approval on behalf of the European Atomic Energy Community.

      Done at Brussels, 14 May 2008.

            For the Council

            The President

         A. BAJUK

            For the Commission

            The President

         José Manuel BARROSO

      (1)  Assent of 23 April 2008 (not yet published in the Official Journal).

      (2)  OJ L 99, 10.4.2008, p. 1.

      (3)  OJ L 99, 10.4.2008, p. 2.


title: Decision of the Standing Committee of the EFTA States No 1/2011/SC of 29 September 2011 regarding the audit of programmes and projects under the Financial Mechanism (2009–2014)

text:
               22.12.2011

               EN

               Official Journal of the European Union

               L 341/67

         DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES
   No 1/2011/SC
   of 29 September 2011
   regarding the audit of programmes and projects under the Financial Mechanism (2009–2014)
   THE STANDING COMMITTEE OF THE EFTA STATES,
   Having regard to the Agreement on the European Economic Area, hereinafter referred to as the EEA Agreement,
   Having regard to the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2009–2014,
   Having regard to Protocol 38b on the EEA Financial Mechanism, inserted into the EEA Agreement by the aforementioned Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2009–2014,
   Having regard to the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2009–2014,
   Having regard to the Decision of the Standing Committee of the EFTA States No 5/2010/SC of 9 December 2010 amending Decision of the Standing Committee No 4/2004/SC establishing a Financial Mechanism Committee (1),
   Having regard to the Decision of the Standing Committee of the EFTA States No 6/2010/SC of 9 December 2010 extending the tasks of the Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism (2),
   Having regard to the Decision of the ESA/Court Committee No 5/2002 of 23 October 2002 on the Mandate of the EFTA Board of Auditors (‘at three’),
   HAS DECIDED AS FOLLOWS:
   Article 1
   The Board of Auditors shall act as supreme authority for the auditing of programmes and projects under the EEA Financial Mechanism 2009–2014 (hereinafter referred to as ‘EEA Financial Mechanism’). This includes the audit of programmes and projects in the Beneficiary States, the Beneficiary States’ management of the programmes and projects and implementation of the EEA Financial Mechanism. The Board of Auditors may also audit the Financial Mechanism Office in respect of the EEA Financial Mechanism.
   Article 2
   The Board of Auditors shall consist of nationals from the EFTA States party to the EEA Agreement and preferably being members of the supreme audit institutions of the EFTA States. Their independence must be beyond doubt. An official of EFTA may not be appointed auditor until an interval of three years has elapsed since the end of his appointment with any of the EFTA institutions.
   Article 3
   The members of the Board of Auditors that perform audits according to Article 1 shall be the same persons as those appointed in and for the same term as set out in the Decision of the ESA/Court Committee No 1 of 26 May 2010 on the Appointment of the Members of the EFTA Board of Auditors (‘at three’). Upon expiry of their term the members of the Board of Auditors that perform audits according to Article 1 shall be the persons appointed by decision of the ESA/Court Committee.
   Article 4
   The members of the Board of Auditors shall be completely independent in the performance of their duties.
   Article 5
   The members of the Board of Auditors shall closely cooperate with the person or persons entrusted with the corresponding audits under the Norwegian Financial Mechanism for the period 2009–2014 in audits of activities relating to both Financial Mechanisms.
   Article 6
   The cost of appropriate and proportional audits as referred to in Article 1 shall be financed from the administrative budget of the EEA Financial Mechanism. Based on an according budget proposal from the Board of Auditors and a recommendation from the Financial Mechanism Committee, the Standing Committee shall agree on the amount to be granted for this purpose.
   Article 7
   The Board of Auditors may engage external experts to assist it. The external experts must fulfil the same requirements of independence and comply with the same duty of cooperation provided for in Article 6 as the members of the Board of Auditors.
   Article 8
   The Board of Auditors shall inform the FMC and report to the Standing Committee of the EFTA States regarding the audit referred to in Article 1. It may submit proposals for action.
   Article 9
   The Board of Auditors shall propose its own terms of references concerning the audit referred to in Article 1 and submit them, after consultation with the FMC, to the Standing Committee of the EFTA States for adoption.
   Article 10
   This Decision shall take immediate effect.
   Article 11
   This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

      Done at Brussels, 29 September 2011.

            For the Standing Committee

            The Chair

         Kurt JÄGER

            The Secretary-General

         Kåre BRYN

      (1)  OJ L 78, 24.3.2011, p. 57.

      (2)  OJ L 78, 24.3.2011, p. 58.


title: Council Decision 2012/308/CFSP of 26 April 2012 on the accession of the European Union to the Treaty of Amity and Cooperation in Southeast Asia

text:
               15.6.2012

               EN

               Official Journal of the European Union

               L 154/1

         COUNCIL DECISION 2012/308/CFSP
   of 26 April 2012
   on the accession of the European Union to the Treaty of Amity and Cooperation in Southeast Asia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 in conjunction with Article 31(1) thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 209 and 212 in conjunction with Article 218(6)(a) and Article 218(8), second subparagraph, thereof,
   Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Treaty of Amity and Cooperation in Southeast Asia (‘the Treaty’) was signed on 24 February 1976 by the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand. Since the date of signature, the following countries have also become signatories of the Treaty: Brunei Darussalam, the Kingdom of Cambodia, the Lao People’s Democratic Republic, Burma/Myanmar, the Socialist Republic of Vietnam, the Independent State of Papua New Guinea, the People’s Republic of China, the Republic of India, Japan, the Islamic Republic of Pakistan, the Republic of Korea, the Russian Federation, New Zealand, Mongolia, the Commonwealth of Australia, the French Republic, the Democratic Republic of East Timor, the People’s Republic of Bangladesh, the Democratic Socialist Republic of Sri Lanka, the Democratic People’s Republic of Korea, the United States of America, the Republic of Turkey and Canada.

               (2)

               The Treaty aims to promote peace, stability and cooperation in the region. To this end, it calls for the settlement of disputes by peaceful means, the preservation of peace, the prevention of conflicts and the strengthening of security in Southeast Asia. Hence, the rules and principles set out in the Treaty correspond to the objectives of the Union’s common foreign and security polity.

               (3)

               Furthermore, the Treaty provides for enhancing cooperation in economic, trade, social, technical and scientific fields as well as for the acceleration of economic growth in the region by promoting a greater utilisation of the agriculture and industries of the nations in Southeast Asia, the expansion of their trade and the improvement of their economic infrastructure. Therefore, the Treaty promotes cooperation with the developing countries of that region as well as economic, financial and technical cooperation with countries other than developing countries.

               (4)

               The Council, at its meeting of 4-5 December 2006, authorised the Presidency and the Commission to negotiate the Union’s and the European Community’s accession to the Treaty.

               (5)

               By letter dated 7 December 2006, the Union and the European Community informed Cambodia, in its capacity of ASEAN Coordinator for relations with the Union, of its decision to apply for accession to the Treaty subject to the understandings expressed in the letter.

               (6)

               On 28 May 2009, Thailand, then Chair of ASEAN, declared the consent of all the States in Southeast Asia to the accession to the Treaty by the Union and the European Community, subject to the entry into force of the Third Protocol to the Treaty.

               (7)

               The Third Protocol to the Treaty, signed on 23 July 2010, provides for the accession of regional organisations to the Treaty.

               (8)

               The Union should therefore accede to the Treaty following the entry into force of the Third Protocol to the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   The accession of the Union to the Treaty of Amity and Cooperation in Southeast Asia is hereby approved on behalf of the Union.
   The texts of the Treaty and its three amending Protocols, as well as the Instrument of Accession to the Treaty by the Union, are attached to this Decision.
   Article 2
   The Council hereby authorises the High Representative of the Union for Foreign Affairs and Security Policy to sign and deposit the Instrument of Accession to the Treaty on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 26 April 2012.

            For the Council

            The President

         M. BØDSKOV

      Treaty of Amity and Cooperation in Southeast Asia
      Indonesia, 24 February 1976
      The High Contracting Parties:
      CONSCIOUS of the existing ties of history, geography and culture, which have bound their peoples together;
      ANXIOUS to promote regional peace and stability through abiding respect for justice and the rule or law and enhancing regional resilience in their relations;
      DESIRING to enhance peace, friendship and mutual cooperation on matters affecting Southeast Asia consistent with the spirit and principles of the Charter of the United Nations, the Ten Principles adopted by the Asian-African Conference in Bandung on 25 April 1955, the Declaration of the Association of Southeast Asian Nations signed in Bangkok on 8 August 1967, and the Declaration signed in Kuala Lumpur on 27 November 1971;
      CONVINCED that the settlement of differences or disputes between their countries should be regulated by rational, effective and sufficiently flexible procedures, avoiding negative attitudes which might endanger or hinder cooperation;
      BELIEVING in the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony;
      SOLEMNLY AGREE to enter into a Treaty of Amity and Cooperation as follows:
      1.1.1.1.   CHAPTER I: PURPOSE AND PRINCIPLES
      Article 1
      The purpose of this Treaty is to promote perpetual peace, everlasting amity and cooperation among their peoples which would contribute to their strength, solidarity and closer relationship,
      Article 2
      In their relations with one another, the High Contracting Parties shall be guided by the following fundamental principles:

                  (a)

                  Mutual respect for the independence, sovereignty, equality, territorial integrity and national identity of all nations;

                  (b)

                  The right of every State to lead its national existence free from external interference, subversion or coercion;

                  (c)

                  Non-interference in the internal affairs of one another;

                  (d)

                  Settlement of differences or disputes by peaceful means;

                  (e)

                  Renunciation of the threat or use of force;

                  (f)

                  Effective cooperation among themselves.

            1.1.1.2.   CHAPTER II: AMITY
      Article 3
      In pursuance of the purpose of this Treaty the High Contracting Parties shall endeavour to develop and strengthen the traditional, cultural and historical ties of friendship, good neighbourliness and cooperation which bind them together and shall fulfil in good faith the obligations assumed under this Treaty. In order to promote closer understanding among them, the High Contracting Parties shall encourage and facilitate contact and intercourse among their peoples.
      1.1.1.3.   CHAPTER III: COOPERATION
      Article 4
      The High Contracting Parties shall promote active cooperation in the economic, social, technical, scientific and administrative fields as well as in matters of common ideals and aspirations of international peace and stability in the region and all other matters of common interest.
      Article 5
      Pursuant to Article 4 the High Contracting Parties shall exert their maximum efforts multilaterally as well as bilaterally on the basis of equality, non-discrimination and mutual benefit.
      Article 6
      The High Contracting Parties shall collaborate for the acceleration of the economic growth in the region in order to strengthen the foundation for a prosperous and peaceful community of nations in Southeast Asia. To this end, they shall promote the greater utilisation of their agriculture and industries, the expansion of their trade and the improvement of their economic infrastructure for the mutual benefit of their peoples. In this regard, they shall continue to explore all avenues for close and beneficial cooperation with other States as well as international and regional organisations outside the region.
      Article 7
      The High Contracting Parties, in order to achieve social justice and to raise the standards of living of the peoples of the region, shall intensify economic cooperation. For this purpose, they shall adopt appropriate regional strategies for economic development and mutual assistance.
      Article 8
      The High Contracting Parties shall strive to achieve the closest cooperation on the widest scale and shall seek to provide assistance to one another in the form of training and research facilities in the social, cultural, technical, scientific and administrative fields.
      Article 9
      The High Contracting Parties shall endeavour to foster cooperation in the furtherance of the cause of peace, harmony, and stability in the region. To this end, the High Contracting Parties shall maintain regular contacts and consultations with one another on international and regional matters with a view to coordinating their views actions and policies.
      Article 10
      Each High Contracting Party shall not in any manner or form participate in any activity which shall constitute a threat to the political and economic stability, sovereignty, or territorial integrity of another High Contracting Party.
      Article 11
      The High Contracting Parties shall endeavour to strengthen their respective national resilience in their political, economic, socio-cultural as well as security fields in conformity with their respective ideals and aspirations, free from external interference as well as internal subversive activities in order to preserve their respective national identities.
      Article 12
      The High Contracting Parties in their efforts to achieve regional prosperity and security, shall endeavour to cooperate in all fields for the promotion of regional resilience, based on the principles of self-confidence, self-reliance, mutual respect, cooperation and solidarity which will constitute the foundation for a strong and viable community of nations in Southeast Asia.
      1.1.1.4.   CHAPTER IV: PACIFIC SETTLEMENT OF DISPUTES
      Article 13
      The High Contracting Parties shall have the determination and good faith to prevent disputes from arising. In case disputes on matters directly affecting them should arise, especially disputes likely to disturb regional peace and harmony, they shall refrain from the threat or use of force and shall at all times settle such disputes among themselves through friendly negotiations.
      Article 14
      To settle disputes through regional processes, the High Contracting Parties shall constitute, as a continuing body, a High Council comprising a Representative at ministerial level from each of the High Contracting Parties to take cognisance of the existence of disputes or situations likely to disturb regional peace and harmony.
      Article 15
      In the event no solution is reached through direct negotiations, the High Council shall take cognisance of the dispute or the situation and shall recommend to the parties in dispute appropriate means of settlement such as good offices, mediation, inquiry or conciliation. The High Council may however offer its good offices, or upon agreement of the parties in dispute, constitute itself into a committee of mediation, inquiry or conciliation. When deemed necessary, the High Council shall recommend appropriate measures for the prevention of a deterioration of the dispute or the situation.
      Article 16
      The foregoing provision of this Chapter shall not apply to a dispute unless all the parties to the dispute agree to their application to that dispute. However, this shall not preclude the other High Contracting Parties not party to the dispute from offering all possible assistance to settle the said dispute. Parties to the dispute should be well disposed towards such offers of assistance.
      Article 17
      Nothing in this Treaty shall preclude recourse to the modes of peaceful settlement contained in Article 33(l) of the Charter of the United Nations. The High Contracting Parties which are parties to a dispute should be encouraged to take initiatives to solve it by friendly negotiations before resorting to the other procedures provided for in the Charter of the United Nations.
      1.1.1.5.   CHAPTER V: GENERAL PROVISION
      Article 18
      This Treaty shall be signed by the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand. It shall be ratified in accordance with the constitutional procedures of each signatory State. It shall be open for accession by other States in Southeast Asia.
      Article 19
      This Treaty shall enter into force on the date of the deposit of the fifth instrument of ratification with the Governments of the signatory States which are designated Depositories of this Treaty and the instruments of ratification or accession.
      Article 20
      This Treaty is drawn up in the official languages of the High Contracting Parties, all of which are equally authoritative. There shall be an agreed common translation of the texts in the English language. Any divergent interpretation of the common text shall be settled by negotiation.

         IN FAITH THEREOF the High Contracting Parties have signed the Treaty and have hereto affixed their Seals.
         Done at Denpasar, Bali, this twenty-fourth day of February in the year one thousand nine hundred and seventy-six.

         Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia
         Philippines, 15 December 1987
         The Government of Brunei Darussalam
         The Government of the Republic of Indonesia
         The Government of Malaysia
         The Government of the Republic of the Philippines
         The Government of the Republic of Singapore
         The Government of the Kingdom of Thailand
         DESIRING to further enhance cooperation with all peace-loving nations, both within and outside Southeast Asia and, in particular, neighbouring States of the Southeast Asia region;
         CONSIDERING paragraph 5 of the preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity) which refers to the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony;
         HEREBY AGREE TO THE FOLLOWING:
         Article 1
         Article 18 of the Treaty of Amity shall be amended to read as follows:

            ‘This Treaty shall be signed by the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand. It shall be ratified in accordance with the constitutional procedures of each signatory State.
            It shall be open for accession by other States in Southeast Asia.
            States outside Southeast Asia may also accede to this Treaty by the consent of all the States in Southeast Asia which are signatories to this Treaty and Brunei Darussalam.’

         Article 2
         Article 14 of the Treaty of Amity shall be amended to read as follows:

            ‘To settle disputes through regional processes, the High Contracting Parties shall constitute, as a continuing body, a High Council comprising a Representative at ministerial level from each of the High Contracting Parties to take cognisance of the existence of disputes or situations likely to disturb regional peace and harmony.
            However, this article shall apply to any of the States outside Southeast Asia which have acceded to the Treaty only in cases where that state is directly involved in the dispute to be settled through the regional processes.’

         Article 3
         This Protocol shall be subject to ratification and shall come into force on the date the last instrument of ratification of the High Contracting Parties is deposited.

            Done at Manila, the fifteenth day of December in the year one thousand nine hundred and eighty-seven.

         Second Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia
         Manila, Philippines, 25 July 1998
         The Government of Brunei Darussalam
         The Government of the Kingdom of Cambodia
         The Government of the Republic of Indonesia
         The Government of the Lao People’s Democratic Republic
         The Government of Malaysia
         The Government of the Union of Myanmar
         The Government of the Republic of the Philippines
         The Government of the Republic of Singapore
         The Government of the Kingdom of Thailand
         The Government of the Socialist Republic of Vietnam
         The Government of Papua New Guinea
         Hereinafter referred to as the High Contracting Parties:
         DESIRING to ensure that there is appropriate enhancement of cooperation with all peace-loving nations, both within and outside Southeast Asia and, in particular, neighbouring States of the Southeast Asia region;
         CONSIDERING paragraph 5 of the preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity) which refers to the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony;
         HEREBY AGREE TO THE FOLLOWING:
         Article 1
         Article 18, paragraph 3, of the Treaty of Amity shall be amended to read as follows:

            ‘States outside Southeast Asia may also accede to this Treaty with the consent of all the States in Southeast Asia, namely, Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Vietnam.’

         Article 2
         This Protocol shall be subject to ratification and shall come into force on the date the last instrument of ratification of the High Contracting Parties is deposited.

            Done at Manila, the twenty-fifth day of July in the year one thousand nine hundred and ninety-eight.

         Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia
         Ha Noi, Viet Nam, 23 July 2010
         Brunei Darussalam
         Kingdom of Cambodia
         The Republic of Indonesia
         The Lao People’s Democratic Republic
         Malaysia
         The Union of Myanmar
         The Republic of the Philippines
         The Republic of Singapore
         The Kingdom of Thailand
         The Socialist Republic of Vietnam
         The Commonwealth of Australia
         The People’s Republic of Bangladesh
         The People’s Republic of China
         The Democratic People’s Republic of Korea
         The French Republic
         The Republic of India
         Japan
         Mongolia
         New Zealand
         The Islamic Republic of Pakistan
         Papua New Guinea
         The Republic Of Korea
         The Russian Federation
         The Democratic Socialist Republic of Sri Lanka
         The Democratic Republic of Timor-Leste
         The Republic of Turkey
         The United States of America
         Hereinafter referred to as the High Contracting Parties:
         DESIRING to ensure that there is appropriate enhancement of cooperation with all peace-loving nations, both within and outside Southeast Asia and, in particular, neighbouring States of the Southeast Asia region, as well as with regional organisations whose members are only sovereign States;
         CONSIDERING paragraph 5 of the preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity) which refers to the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony;
         HEREBY AGREE TO THE FOLLOWING:
         Article 1
         Article 18, paragraph 3, of the Treaty of Amity shall be amended to read as follows:

            ‘This Treaty shall be open for accession by States outside Southeast Asia and regional organisations whose members are only sovereign States with the consent of all the States in Southeast Asia, namely, Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Vietnam.’

         Article 2
         Article 14, paragraph 2, of the Treaty of Amity shall be amended to read as follows:

            ‘However, this article shall apply to any of the High Contracting Parties which have acceded to the Treaty only in cases where that High Contracting Party is directly involved in the dispute to be settled through the regional processes.’

         Article 3
         This Protocol shall be subject to ratification and shall come into force on the date of the last instrument of ratification of the High Contracting Parties is deposited.

            Done at Hanoi, Viet Nam, the twenty-third day of July in the year two thousand and ten in a single copy in the English language.

         Instrument of Accession to the Treaty of Amity and Cooperation in Southeast Asia by the European Union
         WHEREAS the Treaty of Amity and Cooperation in Southeast Asia, which was signed on 24 February 1976 in Bali, Indonesia, was amended by the First, the Second and the Third Protocols Amending the Treaty of Amity and Cooperation in Southeast Asia, which were signed on 15 December 1987, 25 July 1998 and 23 July 2010 respectively;
         WHEREAS Article 18, paragraph 3, of the aforesaid Treaty as amended by Article 1 of the aforesaid Third Protocol provides that regional organisations whose members are only sovereign States may accede to the Treaty with the consent of all the States in Southeast Asia, namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam;
         WHEREAS the Minister of Foreign Affairs of Finland and the Member of the European Commission responsible for External Relations and the European Neighbourhood Policy lodged an application for the accession of the European Union to the Treaty through the letter dated 7 December 2006;
         WHEREAS the States in Southeast Asia have consented to the accession of the European Union to the Treaty;
         The European Union hereby accedes to the Treaty of Amity and Cooperation in Southeast Asia with effect of the date of deposit of this instrument.
         IN WITNESS WHEREOF, this Instrument of Accession is signed by the [TITLE].

            Done at [place], [country], this [date] day of [month] in the year two thousand and [year].

               For the European Union


title: Council Decision 2013/201/CFSP of 25 April 2013 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia

text:
               26.4.2013

               EN

               Official Journal of the European Union

               L 116/10

         COUNCIL DECISION 2013/201/CFSP
   of 25 April 2013
   amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, in particular Article 29 thereof,
   Whereas:

               (1)

               On 26 April 2010, the Council adopted Decision 2010/231/CFSP (1).

               (2)

               On 6 March 2013, the United Nations Security Council (‘UNSC’) adopted Resolution 2093 (2013) thereby amending the arms embargo imposed by paragraph 5 of Resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of Resolution 1425 (2002). Resolution 2093 (2013) also updated the designation criteria applied by the UNSC Sanctions Committee established pursuant to Resolution 751 (1992) concerning Somalia.

               (3)

               Decision 2010/231/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/231/CFSP is hereby amended as follows:

               (1)

               Article 1 is amended as follows:

                           (a)

                           paragraph 3 is replaced by the following:
                           ‘3.   Paragraphs 1 and 2 shall not apply to:

                                       (a)

                                       the supply, sale or transfer of arms and related materiel of all types and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities intended solely for the support of or use by AMISOM as stipulated in paragraph 4 of UNSCR 1744 (2007) or for the sole use of States and regional organisations undertaking measures in accordance with paragraph 6 of UNSCR 1851 (2008) and paragraph 10 of UNSCR 1846 (2008);

                                       (b)

                                       the supply, sale or transfer of weapons and military equipment, and the supply of direct or indirect technical advice, financial and other assistance and training related to military activities intended solely for the support of, or use by, AMISOM’s strategic partners, operating solely under the African Union Strategic Concept of 5 January 2012, and in cooperation and coordination with AMISOM;

                                       (c)

                                       the supply, sale or transfer of arms and related materiel of all types and to the direct or indirect supply of technical advice intended solely for the purpose of helping to develop security sector institutions, consistent with the political process set out in paragraphs 1, 2 and 3 of UNSCR 1744 (2007) and in the absence of a negative decision by the Sanctions Committee within five working days of receiving the relevant notification;

                                       (d)

                                       the supply, sale or transfer of non-lethal military equipment intended solely for humanitarian or protective use, or of materiel intended for institution building programmes of the Union, or Member States, including in the field of security, carried out within the framework of the Peace and Reconciliation Process, as approved in advance by the Sanctions Committee, and of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by UN personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;

                                       (e)

                                       the supply, sale or transfer of weapons and military equipment, and the supply of direct or indirect technical advice, financial and other assistance and training related to military activities, intended solely for the support of or use by UN personnel, including the UN Political Office for Somalia or its successor mission;

                                       (f)

                                       the supply, sale or transfer of weapons and military equipment, and the supply of direct or indirect technical advice, financial and other assistance and training related to military activities intended solely for the development of the Security Forces of the Federal Government of Somalia, and to provide security for the Somali people, except in relation to deliveries of the items set out in Annex II, if a notification to the Sanctions Committee has been made at least five days in advance in accordance with paragraph 38 of UNSCR 2093 (2013), including, if appropriate, as set out in paragraph 4 of this Article.’;

                           (b)

                           the following paragraphs are added:
                           ‘4.   A Member State, after having informed the Federal Government of Somalia of its intention to do so, may inform the Sanctions Committee, at least five days in advance, of any provision of assistance under point (f) of paragraph 3. Where a Member State chooses to provide such a notification it shall contain all relevant information, including, where applicable, the type and quantity of weapons, ammunitions, military equipment and materiel to be delivered, and the proposed date of delivery.
                           5.   It shall be prohibited to supply, resale, transfer, or make available for use any weapons or military equipment, sold or supplied solely for the development of the Security Forces of the Federal Government of Somalia to any individual or entity not in the service of the Security Forces of the Federal Government of Somalia.’;

               (2)

               the following Article is inserted:
               ‘Article 1b
               Member States shall exercise vigilance over the direct or indirect supply, sale or transfer to Somalia of items not subject to the measures set out in Article 1(1) and over the direct or indirect supply to Somalia of technical advice, financial and other assistance and training related to military activities related to those items.’;

               (3)

               Article 2 is replaced by the following:
               ‘Article 2
               Restrictive measures as provided for in Articles 3, 5(1) and 6(1) and (2) shall be imposed against persons and entities designated by the Sanctions Committee as:

                           —

                           engaging in, or providing support for, acts that threaten the peace, security or stability of Somalia, including acts that threaten the peace and reconciliation process in Somalia, or threaten the Federal Government of Somalia or AMISOM by force,

                           —

                           having acted in violation of the arms embargo or the arms resale and transfer restrictions or the prohibition against providing related assistance as referred to in Article 1,

                           —

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

                           —

                           being political or military leaders recruiting or using children in armed conflicts in Somalia in violation of applicable international law,

                           —

                           being responsible for violations of applicable international law in Somalia involving the targeting of civilians including children and women in situations of armed conflict, including killing and maiming, sexual and gender-based violence, attacks on schools and hospitals and abduction and forced displacement.

                     The relevant persons and entities are listed in the Annex I.’;

               (4)

               the word ‘Annex’ is replaced by ‘Annex I’ throughout the text;

               (5)

               Annex II is added in accordance with the Annex to this Decision.

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

      Done at Brussels, 25 April 2013.

            For the Council

            The President

         E. GILMORE

      (1)  OJ L 105, 27.4.2010, p. 17.

      ANNEX

            ‘ANNEX II

               List of items referred to in Article 1(3)(f)

                        1.

                        Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS);

                        2.

                        Guns, howitzers, and cannons with a calibre greater than 12,7 mm, and ammunition and components specially designed for those. (This does not include shoulder fired anti-tank rocket launchers such as RPGs or LAWs, rifle grenades, or grenade launchers.);

                        3.

                        Mortars with a calibre greater than 82 mm;

                        4.

                        Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially designed for those items;

                        5.

                        Charges and devices intended for military use containing energetic materials; mines and related materiel;

                        6.

                        Weapon sights with a night vision capability.’.


title: 2014/671/EU: Decision of the European Central Bank of 1 September 2014 amending Decision ECB/2013/35 on additional measures relating to Eurosystem refinancing operations and eligibility of collateral (ECB/2014/38)

text:
               20.9.2014

               EN

               Official Journal of the European Union

               L 278/21

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 1 September 2014
   amending Decision ECB/2013/35 on additional measures relating to Eurosystem refinancing operations and eligibility of collateral

      (ECB/2014/38)

      (2014/671/EU)

   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1, Article 12.1, Article 14.3 and Article 18.2 thereof,
   Having regard to Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (1) and Decision ECB/2013/6 of 20 March 2013 on the rules concerning the use as collateral for Eurosystem monetary policy operations of own-use uncovered government-guaranteed bank bonds (2),
   Whereas:

               (1)

               Pursuant to Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro (hereinafter the ‘NCBs’) may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral. The standard conditions under which the ECB and the NCBs stand ready to enter into credit operations, including the criteria determining the eligibility of collateral for the purposes of Eurosystem credit operations, are laid down in Annex I to Guideline ECB/2011/14, as well as Decision ECB/2013/6, Decision ECB/2013/35 (3) and Decision ECB/2014/11 (4).

               (2)

               Pursuant to Section 1.6 of Annex I to Guideline ECB/2011/14, the Governing Council may, at any time, change the instruments, conditions, criteria and procedures for the execution of Eurosystem monetary policy operations.

               (3)

               For the purposes of selecting the appropriate rating to be used for determining the eligibility of assets used in Eurosystem credit operations and their related haircut, a rule defining the priority of ratings is in place. This rule prioritises the use of External Credit Assessment Institution (ECAI) issue ratings in preference to ECAI issuer and guarantor ratings. On 17 July 2013, the Governing Council decided to further strengthen its risk control framework by adjusting the eligibility criteria and haircuts applied to collateral accepted in Eurosystem monetary policy operations and adopting certain additional measures to improve the overall consistency of the framework and its practical implementation. Among the adjustments made, the Eurosystem clarified the rule regarding the priority of ratings. These measures were laid down in Decision ECB/2013/35.

               (4)

               The rule prioritising ECAI issue ratings is appropriate as regards private issuers where the information content of issue ratings is relevant. For public issuers, the rule prioritising ECAI issue ratings requires adjustment since issuer ratings instead of issue ratings are regarded as the relevant measure of creditworthiness for these issuers.

               (5)

               Decision ECB/2013/35 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendment
   Article 6 of Decision ECB/2013/35 is replaced as follows:

      ‘Article 6
      Additional high credit standards for marketable assets
      1.   The External Credit Assessment Institution (ECAI) credit assessment of marketable assets referred to in Section 6.3 of Annex I to Guideline ECB/2011/14 shall be subject to the requirements laid down in this Article.
      2.   The following types of ECAI credit assessments from accepted ECAIs shall be used in determining compliance with the credit quality threshold applicable to marketable assets (5).

                  (a)

                  An ECAI issue rating, which refers to an ECAI credit assessment assigned to either an issue or, in the absence of an issue rating from the same ECAI, the programme/issuance series under which an asset is issued (6). For ECAI issue ratings, the Eurosystem shall make no distinction in respect of the original maturity of the asset. Any ECAI rating assigned to the issue or programme/issuance series shall be acceptable.

                  (b)

                  An ECAI issuer rating, which refers to an ECAI credit assessment assigned to an issuer. For ECAI issuer ratings, the Eurosystem shall make a distinction in respect of the original maturity of the asset as regards the acceptable ECAI credit assessment. A distinction shall be made between: (i) short-term assets, i.e. those assets with an original maturity of up to and including 390 days; and (ii) long-term assets, i.e. those assets with an original maturity of more than 390 days. For short-term assets, ECAI short-term and long-term issuer ratings shall be acceptable. For long-term assets, only ECAI long-term issuer ratings shall be acceptable.

                  (c)

                  An ECAI guarantor rating, which refers to an ECAI credit assessment assigned to a guarantor, if the guarantee meets the requirements of point (c) of Section 6.3.2 of Annex I to Guideline ECB/2011/14. For ECAI guarantor ratings, the Eurosystem shall make no distinction in respect of the original maturity of the asset. Only ECAI long-term guarantor ratings shall be acceptable.

            3.   The ECB publishes the credit quality threshold for all accepted ECAIs, as established under Section 6.3.1 of Annex I to Guideline ECB/2011/14 (7). The credit quality threshold for marketable assets shall correspond to Credit Quality Step 3 of the Eurosystem's harmonised rating scale, except where otherwise stated.
      4.   For marketable assets, ECAI credit assessments, which determine the compliance of the asset with the credit quality threshold, shall be taken into account by the Eurosystem in accordance with the rules below.

                  4.1.

                  For marketable assets other than marketable assets issued by central governments, regional or local governments, agencies (8), supranational institutions and asset-backed securities, the following rules apply.

                              (a)

                              The Eurosystem shall consider ECAI issue ratings in priority to ECAI issuer or ECAI guarantor ratings. Without prejudice to the application of this priority rule, at least one ECAI credit assessment must comply with the Eurosystem's applicable credit quality threshold.

                              (b)

                              If multiple ECAI issue ratings are available for the same issue, then the first-best rule shall apply, i.e. the best available ECAI issue rating shall be considered. If the first-best ECAI issue rating does not comply with the Eurosystem's credit quality threshold for marketable assets, the asset shall not be eligible, even if a guarantee acceptable under point (c) of Section 6.3.2 of Annex I to Guideline ECB/2011/14 exists.

                              (c)

                              In the absence of any ECAI issue rating, an ECAI issuer or ECAI guarantor rating may be considered by the Eurosystem. If multiple ECAI issuer and/or ECAI guarantor ratings are available for the same issue, then the first-best rule shall apply, i.e. the best available ECAI issuer or ECAI guarantor rating shall be considered.

                  4.2.

                  For marketable assets issued by central governments, regional or local governments, agencies and supranational institutions, the following rules apply.

                              (a)

                              At least one ECAI credit assessment must comply with the Eurosystem's applicable credit quality threshold. The Eurosystem shall only consider ECAI issuer or ECAI guarantor ratings.

                              (b)

                              If multiple ECAI issuer and ECAI guarantor ratings are available, the first-best rule, i.e. the best available rating between all ECAI issuer and ECAI guarantor ratings, shall apply.

                              (c)

                              Covered bonds issued by agencies shall not be assessed in accordance with the rules in this paragraph 4.2 and shall instead be assessed in accordance with paragraph 4.1 above.

                  4.3.

                  For asset-backed securities, the following rules shall apply.

                              (a)

                              The credit quality threshold applicable to asset-backed securities, as laid down in Section 6.3 of Annex I to Guideline ECB/2011/14, shall correspond to Credit Quality Step 2 of the Eurosystem's harmonised rating scale (“single A”) (9).

                              (b)

                              At least two ECAI credit assessments must comply with the Eurosystem's applicable credit quality threshold. The Eurosystem shall only consider ECAI issue ratings.

            5.   For the purposes of Section 6.3.2 of Annex I to Guideline ECB/2011/14, the provisions relating to the use of an implicit credit assessment shall apply in the absence of an ECAI credit assessment for the issuer or guarantor in the case of marketable assets issued by central governments, regional or local governments, agencies and supranational institutions as referred to in paragraph 4.2.

   Article 2
   Entry into force
   This Decision shall enter into force on 19 September 2014.
   It shall apply from 15 December 2014.

      Done at Frankfurt am Main, 1 September 2014.

            The President of the ECB

         Mario DRAGHI

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

      (2)  OJ L 95, 5.4.2013, p. 22.

      (3)  Decision ECB/2013/35 of 26 September 2013 on additional measures relating to Eurosystem refinancing operations and eligibility of collateral (OJ L 301, 12.11.2013, p. 6).

      (4)  Decision ECB/2014/11 of 12 March 2014 amending Decision ECB/2013/35 on additional measures relating to Eurosystem refinancing operations and eligibility of collateral (OJ L 166, 5.6.2014, p. 31).


Avis juridique important

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31996D0174

96/174/EC: Council Decision of 26 February 1996 amending Decision 91/115/EEC establishing a Committee on monetary, financial and balance of payment statistics

Official Journal L 051 , 01/03/1996 P. 0048 - 0049

COUNCIL DECISION of 26 February 1996 amending Decision 91/115/EEC establishing a Committee on monetary, financial and balance of payment statistics (96/174/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the draft Decision submitted by the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the European Monetary Institute (3),Whereas according to Article 109f of the Treaty establishing the European Community and Article 2 of the Protocol on the Statute of the European Monetary Institute (EMI), the EMI shall contribute to the realization of the conditions necessary for the transition to the third stage of economic and monetary union by strengthening the coordination of monetary policies with a view to ensuring price stability, making the preparations required for the establishment of the European System of Central Banks (ESCB), for the conduct of a single monetary policy and for the creation of a single currency in the third stage, and overseeing the development of the ECU;Whereas according to Article 109f (3) of the Treaty establishing the European Community, at the latest by 31 December 1996, the EMI shall specify the regulatory, organizational and logistical framework necessary for the ESCB to perform its tasks in the third stage of Economic and Monetary Union, including the promotion of harmonization where necessary, of the rules and practices governing the collection, compilation and distribution of statistics in the areas within its field of competence;Whereas according to Article 5 of the ESCB Statute, the European Central Bank (ECB), assisted by the national central banks, shall collect the necessary statistical information and it shall cooperate with the Commission; whereas there is therefore a need in the second stage to prepare the appropriate cooperation within the framework of the achievement of Economic and Monetary Union;Whereas Decision 91/115/EEC (4) should be amended in consequence,HAS DECIDED AS FOLLOWS:Sole Article Decision 91/115/EEC is amended as follows:1. The following Article shall be inserted:'Article 3aThe Committee may express opinions on its own initiative on any questions relating to those statistics that are of common concern to the Commission and national statistical authorities, on the one hand, and the European Monetary Institute (EMI) and national central banks, on the other. In the execution of its tasks, the Committee shall give its views to all interested parties.`;2. Article 4 shall be replaced by the following:'Article 4The Committee shall be composed of one, two or three representatives per Member State, coming from the institutions principally concerned with financial, monetary and balance of payments statistics, up to three representatives of the Commission and up to three representatives of the EMI. In addition one representative of the Monetary Committee may attend the meetings of the Committee, as an observer. Each Member State, the Commission and the EMI will have one vote each.Representatives of other organizations, as well as any person able to contribute to discussions, may, on the decision of the Committee, participate in the Committee's meetings.`;3. Article 5 shall be replaced by the following:'Article 5The Committee shall elect its chairman according to the detailed rules laid down in its rules of procedure.`Done at Brussels, 26 February 1996.For the CouncilThe PresidentS. AGNELLI(1) OJ No C 359, 16. 12. 1994, p. 10.(2) OJ No C 269, 16. 10. 1995, p. 198.(3) OJ No C 397, 31. 12. 1994, p. 52.(4) Opinion delivered on 16 January 1995.


title: 2010/156/CFSP: Council Decision 2010/156/CFSP of 16 March 2010 extending the mandate of the European Union Special Representative in the former Yugoslav Republic of Macedonia

text:
               17.3.2010

               EN

               Official Journal of the European Union

               L 67/6

         COUNCIL DECISION 2010/156/CFSP
   of 16 March 2010
   extending the mandate of the European Union Special Representative in the former Yugoslav Republic of Macedonia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 17 October 2005, the Council adopted Joint Action 2005/724/CFSP (1) appointing Mr Erwan FOUÉRÉ European Union Special Representative (EUSR) in the former Yugoslav Republic of Macedonia.

               (2)

               On 15 September 2009, the Council adopted Joint Action 2009/706/CFSP (2) extending the mandate of the EUSR until 31 March 2010.

               (3)

               The mandate of the EUSR should be extended until 31 August 2010. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a recommendation of the High Representative of the Union for Foreign Affairs and Security Policy (HR) following the entry into force of the decision establishing the European External Action Service,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Erwan FOUÉRÉ as the European Union Special Representative (EUSR) in the former Yugoslav Republic of Macedonia is hereby extended until 31 August 2010. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a recommendation of the HR following the entry into force of the decision establishing the European External Action Service.
   Article 2
   Policy objective
   The EUSR’s mandate shall be based on the policy objective of the European Union in the former Yugoslav Republic of Macedonia, which shall be to contribute to the consolidation of the peaceful political process and the full implementation of the Ohrid Framework Agreement, thereby facilitating further progress towards European integration through the Stabilisation and Association Process.
   The EUSR shall support the work of the HR in the region.
   Article 3
   Mandate
   In order to achieve the policy objective, the mandate of the EUSR shall be to:

               (a)

               maintain close contact with the Government of the former Yugoslav Republic of Macedonia and with the parties involved in the political process;

               (b)

               offer the Union’s advice and facilitation in the political process;

               (c)

               ensure coordination of the international community’s efforts to help in the implementation and sustainability of the provisions of the Framework Agreement of 13 August 2001, as set out in the Agreement and the Annexes thereto;

               (d)

               follow closely, and report on, security and inter-ethnic issues and liaise with all relevant bodies to that end;

               (e)

               contribute to the development and consolidation of respect for human rights and fundamental freedoms in the former Yugoslav Republic of Macedonia, in accordance with EU human rights policy and EU guidelines on human rights.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 April 2010 to 31 August 2010 shall be EUR 340 000.
   2.   The expenditure financed by the amount stipulated in paragraph 1 shall be eligible as from 1 April 2010. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
   2.   Member States and institutions of the Union may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded by a Member State or an institution of the Union to the EUSR shall be covered by the Member State or the institution of the Union concerned. Experts seconded by Member States to the General Secretariat of the Council may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State or Union institution and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of his team shall respect security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (3), in particular when managing EU classified information.
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

               (a)

               establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report as necessary to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   Article 12
   Coordination
   1.   The EUSR shall promote overall Union political coordination. He shall help to ensure that all Union instruments in the field are engaged coherently to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region as appropriate. The EUSR shall provide regular briefings to Member States’ missions and the Union’s delegations.
   2.   In the field, close liaison shall be maintained with the Heads of the Union delegations and Member States’ Heads of Mission. They shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a comprehensive mandate implementation report at the end of the mandate.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   Article 15
   Publication
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 16 March 2010.

            For the Council

            The President

         E. SALGADO

      (1)  OJ L 272, 18.10.2005, p. 26.

      (2)  OJ L 244, 16.9.2009, p. 25.

      (3)  OJ L 101, 11.4.2001, p. 1.