title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/126

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2007
   (2009/649/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to its Resolution of 18 December 2008 on the evaluation and future development of the Frontex Agency and of the European Border Surveillance System (Eurosur) (4),

               —

               having regard to Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (5), and in particular Article 30 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (6), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0166/2009),

               1.

               Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency’s budget for the financial year 2007;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 7.

      (2)  OJ C 311, 5.12.2008, p. 34.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  Texts adopted, P6_TA(2008)0633.

      (5)  OJ L 349, 25.11.2004, p. 1.

      (6)  OJ L 357, 31.12.2002, p. 72.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of the Decision on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2007
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to its Resolution of 18 December 2008 on the evaluation and future development of the Frontex Agency and of the European Border Surveillance System (Eurosur) (4),

               —

               having regard to Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (5), and in particular Article 30 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (6), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0166/2009),

               A.

               whereas the Court of Auditors (ECA) stated that it has obtained reasonable assurance that the annual accounts for the financial year 2007 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 22 April 2008 Parliament granted the Executive Director of the European Agency’ for the Management of Operational Coordination at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency’s budget for the financial year 2006 (7) and, inter alia,

                           —

                           noted the ECA’s observation in its 2006 report that for the financial year 2006 the rate of commitment was 85 %; the rate of carry-over was more than 70 % overall and nearly 85 % for operating expenditure; transfers of appropriations between chapters or titles during the year exceeded the total ceiling of 10 % provided for in the Financial Regulation; therefore, the budgetary principle of specification was not strictly observed,

                           —

                           called on the Agency to improve its financial management, especially as regards the increase in its budget for the financial years 2007 and 2008,

               C.

               whereas 2007 was the second full year of functioning of the Agency,

               1.

               Notes that the Agency’s 2007 budget (EUR 42 100 000) more than doubled compared with the 2006 budget (EUR 19 200 000);

               2.

               Notes the ECA’s criticism that commitments carried over to 2008 pertaining to grant agreements linked to operational activities amounted to EUR 18 400 000, and that a substantial part of these commitments were based on excessive cost estimates;

               3.

               Acknowledges the fact, highlighted in the Agency’s replies to the ECA, that in the case of the Agency cost estimates are particularly complex as the Agency relies on equipment provided by Member States for its operations;

               4.

               Notes that the Agency set up the centralised record for technical equipment (CRATE) concerning materials from Member States that can be used during operations; notes that CRATE is linked to a common cost calculation method, which should lead to a more efficient allocation of budgetary means;

               5.

               Is concerned about the ECA’s finding that, as there is no treasury policy, the high amount of cash retained by the Agency stays unused on excessively low interest bearing bank accounts; notes that, according to the accounts (balance sheet) the Agency held EUR 32 600 000 in cash and cash equivalents at 31 December 2007;

               6.

               Notes the Agency’s reply that it will try to negotiate conditions with its bank and check if other banks offer better conditions;

               7.

               Urges the Agency to adopt a treasury policy and to report on the action taken and the results achieved in its general report 2008;

         Follow-up to the 2006 discharge exercise

               8.

               Recalls that the 2006 financial year was the first year in which the Agency was financially autonomous and subject to the discharge procedure;

               9.

               Regrets that the ECA, in its 2007 annual report, found several weaknesses which it had already highlighted in its 2006 annual report, in particular:

                           —

                           a high level of carry-overs and cancellations: nearly 70 % of the appropriations available in 2007 were not spent,

                           —

                           legal commitments made before budgetary commitments,

                           —

                           recruitment procedures which, according to the ECA, were not in line with the rules, in particular with the principle of equal treatment, as the minimum number of years of experience required for a given position differed from those agreed between the agencies and the Commission;

               10.

               Notes the Agency’s reply with regard to the high level of carry-overs that this was partly due to an amount of EUR 7 000 000 made available by the Commission in June 2007 for sea operations which require the availability of vessels and aircrafts from Member States and are complex and time-consuming, so that commitments could only be made late in 2007;

               11.

               Is, however, concerned about the high level of carry-overs observed by the ECA and asks the Agency to address this problem which was already raised by the Court in its 2006 report; points out that the reserve of EUR 19 900 000 from the Agency’s 2007 budget was released only in June 2007; takes note of the Agency’s replies in this respect;

               12.

               Calls on the Agency to address the recurrent problems in its commitment system as observed by the ECA;

               13.

               Is pleased that the Agency adopted an action plan in 2008 in order to address the weaknesses in its commitment system; notes that the action plan includes among others setting deadlines to Member States for forwarding to the Agency budget estimates concerning their co-financing in order to establish the final amount for grants in order to avoid ex-post signatures;

               14.

               Invites the Agency to report on the results achieved through the action plan in its general report 2008;

               15.

               Considers that there is a link between the specific form of cooperation between the Agency and the Member States, whereby Member States are supposed to make available equipment to the Agency for its operations, and the weaknesses highlighted by the ECA regarding budget planning, in particular cost estimates, and budget implementation, in particular carry-overs and the problem of ex-post signatures;

               16.

               Recalls that Parliament, in its abovementioned Resolution of 18 December 2008:

                           (a)

                           called on the Agency to send a report to the Parliament and to the Council concerning the actual use and real availability of materials from Member States, highlighting any difficulties encountered,

                           (b)

                           called on Member States, in the event of persistent insufficient availability of resource, to take a rapid decision to alter substantially the scale of the Agency’s budget to enable it to carry out its mission and, possibly, examine the legal aspects of the future renting and/or purchase of materials for that purpose,

                           (c)

                           recalled that Parliament, as an arm of the budgetary authority, had already increased the Agency’s budget since its inception would ensure that the Agency’s budget is correctly implemented and adapted to changes in its functions;

               17.

               Calls on the Agency to improve its financial management, in line with the ECA’s observations, notes that the Agency, in its answers to the ECA, highlighted the specific form of cooperation between the Agency and Member States whereby the Agency relies on equipment provided by Member States for its operations;

               18.

               Is determined to closely monitor the impact of the Agency’s cooperation with Member States on its financial management in the future;

               19.

               Regrets that the Agency had to implement recruitment procedures which were not fully in line with the general provisions for implementing the Staff Regulations in order to attract highly qualified specialists;

               20.

               Notes that, with regard to recruitment, the Agency does not accept the ECA’s criticism that it did not respect the principle of equal treatment as the minimum years of professional experience required for a given position differed from those agreed between the Commission and the agencies; notes that the Agency considers its practice to be in line with the rules, as it had to attract highly specialised staff under difficult conditions; observes that the Staff Regulations stipulate that Community agencies have to adopt their general implementing provisions (GIP) in agreement with the Commission; notes that the Commission has drafted model decisions for the GIP; notes that the Commission has not yet agreed to the draft GIP submitted by the Agency; calls on the Agency, in agreement with the Council recommendation, to strictly respect the recruitment criteria in the Staff Regulations in order to ensure equal treatment with regard to the years of professional experience required for a given post;

               21.

               Calls on the Agency to improve its financial management, especially as regards the increase in its 2008 and 2009 budgets;

               22.

               Refers for other observations accompanying its Decision on discharge which are of a horizontal nature to its Resolution of 23 April 2009 on financial management and control of EU agencies (8).

      (1)  OJ C 278, 31.10.2008, p. 7.

      (2)  OJ C 311, 5.12.2008, p. 34.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  Texts adopted, P6_TA(2008)0633.

      (5)  OJ L 349, 25.11.2004, p. 1.

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

      (7)  OJ L 88, 31.3.2009, p. 226.

      (8)  See page 206 of this Official Journal.


title: Council Decision 2011/860/CFSP of 19 December 2011 amending Decision 2010/800/CFSP concerning restrictive measures against the Democratic People’s Republic of Korea

text:
               21.12.2011

               EN

               Official Journal of the European Union

               L 338/56

         COUNCIL DECISION 2011/860/CFSP
   of 19 December 2011
   amending Decision 2010/800/CFSP concerning restrictive measures against the Democratic People’s Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision 2010/800/CFSP of 22 December 2010 concerning restrictive measures against the Democratic People’s Republic of Korea (1), and in particular Articles 9(2) and 12(3) thereof,
   Whereas:

               (1)

               On 22 December 2010, the Council adopted Decision 2010/800/CFSP concerning restrictive measures against the Democratic People’s Republic of Korea.

               (2)

               The Council has carried out a complete review of the list of persons and entities, as set out in Annexes II and III to Decision 2010/800/CFSP, to which Articles 4(1)(b) and (c) and 5(1)(b) and (c) of that Decision apply.

               (3)

               The Council has concluded that the persons and entities listed in Annexes II and III to Decision 2010/800/CFSP should continue to be subject to the specific restrictive measures provided for therein.

               (4)

               The Council has also concluded that the entry concerning one entity included in Annex II to Decision 2010/800/CFSP should be amended.

               (5)

               The Council has moreover decided that additional persons and entities should be included in the list of persons and entities subject to restrictive measures as set out in Annexes II and III to Decision 2010/800/CFSP.

               (6)

               The list of persons and entities set out in Annexes II and III to Decision 2010/800/CFSP should be updated accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Annexes II and III to Decision 2010/800/CFSP shall be amended as set out in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 19 December 2011.

            For the Council

            The President

         M. KOROLEC

      (1)  OJ L 341, 23.12.2010, p. 32.

      ANNEX
      Decision 2010/800/CFSP shall be amended as follows:

                  (1)

                  Annex II shall be amended as follows:

                              (a)

                              The following persons shall be added to point (A) and the following entities shall be added to point (B):
                              A.   List of persons referred to in Articles 4(1)(b) and 5(1)(b)

                                          Name
                                          (and possible aliases)

                                          Identifying information

                                          Reasons

                                          1.

                                          Lieutenant General Kim Yong Chol
                                          (alias: Kim Yong-Chol; Kim Young-Chol; Kim Young-Cheol; Kim Young-Chul)

                                          DOB: 1946
                                          Location: Pyongan-Pukto, North Korea

                                          Kim Yong Chol is the commander of Reconnaissance General Bureau (RGB).

                                          2.

                                          Pak To-Chun

                                          DBO: March 9th 1944
                                          POB: Jagang, Rangrim

                                          Member of the National Security Council.
                                          He is in charge of the arms industry. It is reported that he commands the office for nuclear energy. This institution is decisive for DPRK’s nuclear and rocket launcher program.

                                    B.   List of entities referred to in Article 5(1)(b)

                                          Name
                                          (and possible aliases)

                                          Identifying information

                                          Reasons

                                          1.

                                          Hesong Trading Corporation

                                          Pyongyang, DPRK

                                          Controlled by Korea Mining Development Corporation (KOMID) (designated by UNSCR 1718 Sanctions Committee in April 2009): primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.
                                          Involved in supplies with potential use in ballistic missile program.

                                          2.

                                          Tosong Technology Trading Corporation

                                          Pyongyang, DPRK

                                          Controlled by Korea Mining Development Corporation (KOMID) (designated by UNSCR 1718 Sanctions Committee in April 2009): primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons

                                          3.

                                          Korea Complex Equipment Import Corporation

                                          Rakwon-dong, Pothonggang District, Pyongyang, DPRK

                                          Controlled by Korea Ryonbong General Corporation (designated by the UNSCR 1718 Sanctions Committee in April 2009): defence conglomerate specialising in acquisition for DPRK defence industries and support to that country's military-related sales

                                          4.

                                          Korea International Chemical Joint Venture Company
                                          (alias Choson International Chemicals Joint Operation Company; Chosun International Chemicals Joint Operation Company; International Chemical Joint Venture Corporation)

                                          Hamhung, South Hamgyong Province, DPRK; Man gyongdae-kuyok, Pyongyang, DPRK; Mangyungdae-gu, Pyongyang, DPRK

                                          Controlled by Korea Ryonbong General Corporation (designated by the UNSCR 1718 Sanctions Committee in April 2009): defence conglomerate specialising in acquisition for DPRK defence industries and support to that country's military-related sales

                                          5.

                                          Korea Kwangsong Trading Corporation

                                          Rakwon-dong, Pothonggang District, Pyongyang, DPRK

                                          Controlled by Korea Ryonbong General Corporation (designated by the UNSCR 1718 Sanctions Committee in April 2009): defence conglomerate specialising in acquisition for DPRK defence industries and support to that country's military-related sales

                                          6.

                                          Korea Ryonha Machinery Joint Venture Corporation
                                          (a.k.a.: Chosun Yunha Machinery Joint Operation Company; Korea Ryenha Machinery J/V Corporation; Ryonha Machinery Joint Venture Corporation)

                                          Central District, Pyongyang, DPRK; Mangungdae-gu, Pyongyang, DPRK; Mangyongdae District, Pyongyang, DPRK

                                          Controlled by Korea Ryonbong General Corporation (designated by the UNSCR 1718 Sanctions Committee in April 2009): defence conglomerate specialising in acquisition for DPRK defence industries and support to that country’s military-related sales
                                          Production sites have been modernized lately and are partly intended for processing materials relevant to nuclear production.

                                          7.

                                          Munitions Industry Department
                                          (a.k.a.: Military Supplies Industry Department)

                                          Pyongyang, DPRK

                                          Responsible for overseeing activities of North Korea’s military industries, including the Second Economic Committee (SEC) and KOMID. This includes overseeing the development of North Korea’s ballistic missile and nuclear programmes.
                                          Until recently, it was headed by Jon Pyong Ho. Information suggests former Minitions Industry Department (MID) first vice director Chu Kyu-ch’ang (Ju Gyu-chang) is now director of the MID, which is publicly referred to as the Machine Building Industry Department. Chu served as the overall supervisor for North Korea’s missile development, including oversight of the April 5, 2009 Taepo Dong-2 (TD-2) missile launch and the failed July 2006 TD-2 launch.

                                          8.

                                          Reconnaissance General Bureau (RGB)
                                          (a.k.a.: Chongch’al Ch’ongguk; RGB; KPA Unit 586)

                                          Hyongjesan-Guyok, Pyongyang, North Korea; Nungrado, Pyongyang, North Korea.

                                          The Reconnaissance General Bureau (RGB) is North Korea’s premiere intelligence organization, created in early 2009 by the merger of existing intelligence organizations from the Korean Workers’ Party, the Operations Department and Office 35, and the Reconnaissance Bureau of the Korean People’s Army. It falls under direct command of the Ministry of Defence and is primarily in charge of gathering military intelligence. RGB trades in conventional arms and controls the EU-designated North Korean conventional arms firm Green Pine Associated Corporation (Green Pine).

                              (b)

                              In point (B), the entry for Green Pine Associated Corporation shall be replaced by the following:

                                          Name

                                          Identifying information

                                          Reasons

                                          1.

                                          Green Pine Associated Corporation (alias: Chongsong Yonhap; Ch’o’ngsong Yo’nhap; Saengpil Associated Company; General Precious Metal Complex (GPM); Myong Dae Company; Twin Dragon Trading (TDT))

                                          c/o Reconnaissance General Bureau Headquarters, Hyongjesan-Guyok, Pyongyang/Nungrado, Pyongyang

                                          Ch’o’ngsong Yo’nhap has been identified for sanctions for exporting arms or related material from North Korea. Green Pine specializes in the production of maritime military craft and armaments, such as submarines, military boats and missile systems, and has exported torpedoes and technical assistance to Iranian defence-related firms. Green Pine is responsible for approximately half of the arms and related materiel exported by North Korea and has taken over many of the activities of KOMID after its designation by the UNSC.

                  (2)

                  In Annex III, the following persons shall be added to point (A) and the following entities shall be added to point (B):
                  A.   List of persons referred to in Articles 4(1)(c) and 5(1)(c)

                              Name
                              (and possible aliases)

                              Identifying information

                              Reasons

                              1.

                              Kim Tong-Myo'ng
                              (a.k.a.: Kim Chin-so'k)

                              DOB: 1964, Nationality: North Korean.

                              Kim Tong-Myo'ng acts on behalf of Tanchon Commercial Bank (designated by the 1718 Committee in April 2009).
                              Kim Dong Myong has held various positions within Tanchon since at least 2002 and is currently Tanchon's president. He has also played a role in managing Amroggang's affairs (owned or controlled by Tanchon Commercial Bank) using the alias Kim Chin-so'k.

                        B.   List of entities referred to in Article 5(1)(c)

                              Name
                              (and possible aliases)

                              Identifying information

                              Reasons

                              1.

                              Korea Kwangson Banking Corp. (KKBC)
                              (a.k.a.: Korea Kwangson Banking Corp; KKBC)

                              Jungson-dong, Sungri Street, Central District, Pyongyang, DPRK

                              A subordinate acting on behalf of or at the direction of, owned or controlled by the Korea Ryonbong General Corporation (designated by the UNSCR 1718 Sanctions Committee in April 2009).
                              Provides financial services in support of both Tanchon Commercial Bank (designated by UNSCR1718 Sanctions Committee in April 2009) and Korea Hyoksin Trading Corporation (designated by UNSCR1718 Sanctions Committee in July 2009).
                              Since 2008, Tanchon has been utilizing KKBC to facilitate funds transfers likely amounting to millions of dollars, including transfers involving Korea Mining Development Trading Corporation (KOMID) (designated by UNSCR1718 Sanctions Committee in April 2009) related funds from Burma to China in 2009.
                              Additionally, Hyoksin, which the UN described as being involved in the development of weapons of mass destruction, sought to use KKBC in connection with a purchase of dual-use equipment in 2008. KKBC has at least one overseas branch in Dandong, China.

                              2.

                              Amroggang Development Banking Corporation
                              (a.k.a.: Amroggang Development Bank; Amnokkang Development Bank)

                              Tongan-dong, Pyongyang, DPRK

                              Owned or controlled by Tanchon Commercial Bank (designated by the 1718 Committee in April 2009). Established in 2006, Amroggang is managed by Tanchon officials. Tanchon plays a role in financing KOMID’s (designated by the 1718 Committee in April 2009) sales of ballistic missiles and has also been involved in ballistic missile transactions from KOMID to Iran’s Shahid Hemmat Industrial Group (SHIG).

                              3.

                              Bank of East Land
                              (a.k.a.: Dongbang Bank; Tongbang U’nhaeng; Tongbang Bank)

                              PO Box 32, BEL Building, Jonseung-Dung, Moranbong District, Pyongyang, North Korea

                              North Korean financial institution Bank of East Land (aka Dongbang Bank) facilitates weapons-related transactions for, and other support to, designated arms manufacturer and exporter Green Pine Associated Corporation (Green Pine). Bank of East Land has actively worked with Green Pine to transfer funds in a manner that circumvents sanctions.
                              In 2007 and 2008, Bank of East Land facilitated transactions involving Green Pine and designated Iranian financial institutions, including Bank Melli and Bank Sepah. Bank of East Land has also facilitated financial transactions for the benefit of North Korea’s Reconnaissance General Bureau’s (RGB) weapons program.

                              4.

                              Office 39 of The Korean Workers’ Party
                              (a.k.a.: Office #39; Office No. 39; Bureau 39; Central Committee; Third Floor Division 39.)

                              Second KWP Government Building (Korean: Ch’o’ngsa), Chungso’ng, Urban Tower (Korean’Dong), Chung Ward, Pyongyang, North Korea; Chung-Guyok (Central District), Sosong Street, Kyongrim-Dong, Pyongyang, North Korea; Changgwang Street, Pyongyang, North Korea.

                              Office 39 of the Korean Workers’ Party engages in illicit economic activity to support the North Korean government. It has branches throughout the nation that raise and manage funds and is responsible for earning foreign currency for North Korea’s Korean Workers’ Party senior leadership through illicit activities such as narcotics trafficking. Office 39 controls a number of entities inside North Korea and abroad through which it conducts numerous illicit activities including the production, smuggling, and distribution of narcotics. Office 39 has also been involved in the attempted procurement and transfer to North Korea of luxury goods.
                              Office 39 figures among the most important organisations assigned with currency and merchandise acquisition. It is said to be directly under the command of KIM Jong-il.
                              It controls several trading companies some of which are active in illicit activites, among them Daesong General Bureau, part of Daesong group, the largest company group of the country. Office 39 according to some sources entertains representation office in Rome, Beijing, Bangkok, Singapore, Hongkong and Dubai. To the outside office 39 changes name and appearance regularly. Director of office 39, JON il-chun is already listed on the EU sanction list.
                              Office 39 produced methamphetamine in Sangwon, South Pyongan Province and was also involved in the distribution of methamphetamine to small-scale North Korean smugglers for distribution through China and South Korea. Office 39 also operates poppy farms in North Hamkyo’ng Province and North Pyongan Province and produces opium and heroin in Hamhu’ng and Nachin.
                              In 2009, Office 39 was involved in the failed attempt to purchase and export to North Korea – through China – two Italian-made luxury yachts worth more than $15 million. Halted by Italian authorities, the attempted export of the yachts destined for Kim Jong-il was in violation of United Nations sanctions against North Korea under UNSCR 1718, which specifically require Member States to prevent the supply, sale, or transfer of luxury goods to North Korea.
                              Office 39 previously used Banco Delta Asia to launder illicit proceeds. Banco Delta Asia was identified by the Treasury Department in September 2005 as a ‘primary money laundering concern’ under Section 311 of the USA PATRIOT Act because it represented an unacceptable risk of money laundering and other financial crimes.


title: 2009/71/EC,Euratom: Council Decision of 19 January 2009 appointing a Spanish member of the European Economic and Social Committee

text:
               28.1.2009

               EN

               Official Journal of the European Union

               L 24/14

      COUNCIL DECISION

   of 19 January 2009
   appointing a Spanish member of the European Economic and Social Committee
   (2009/71/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Decision 2006/524/EC, Euratom of 11 July 2006 appointing Czech, German, Estonian, Spanish, French, Italian, Latvian, Lithuanian, Luxembourg, Hungarian, Maltese, Austrian, Slovenian and Slovak members of the European Economic and Social Committee (1),
   Having regard to the proposal of the Spanish Government,
   Having regard to the opinion of the Commission,
   Whereas a member’s seat on the European Economic and Social Committee has become vacant following the resignation of Mr Francisco CEBALLO HERRERO,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Carlos TRÍAS PINTÓ, Asociación General de Consumidores (ASGECO), is hereby appointed a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 19 January 2009.

            For the Council

            The President

         P. GANDALOVIČ

      (1)  OJ L 207, 28.7.2006, p. 30.


Avis juridique important

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32003D0432

2003/432/CFSP: Council Decision 2003/432/CFSP of 12 June 2003 on the launching of the European Union military operation in the Democratic Republic of Congo

Official Journal L 147 , 14/06/2003 P. 0042 - 0042

Council Decision 2003/432/CFSPof 12 June 2003on the launching of the European Union military operation in the Democratic Republic of CongoTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 17(2) and Article 25 thereof,Having regard to the Council Joint Action of 2003/423/CFSP of 5 June 2003 on the European Union Military Operation in the Democratic Republic of Congo(1), and in particular Article 6 thereof,Whereas:(1) On 30 May 2003, the United Nations Security Council unanimously adopted Resolution 1484 (2003) authorising, under Chapter VII of the UN Charter, the temporary deployment of an interim emergency multinational force in Bunia, in the Democratic Republic of Congo.(2) Following the request by the Secretary-General of the United Nations, the European Union has decided to provide a temporary stabilisation force in the Ituri Region in implementation of the mandate provided in the UNSC Resolution 1484 (2003) of 30 May 2003.(3) The Council has authorised the Political and Security Committee to take relevant decisions concerning the political control and strategic direction of the operation.(4) In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications. Denmark does not participate in the financing of the operation,HAS DECIDED AS FOLLOWS:Article 1The Operation Plan is approved.Article 2The Rules of Engagement Authorisation message is approved.Article 3The EU military operation in the Democratic Republic of Congo shall be launched on 12 June 2003.Article 4The Operation Commander is hereby authorised with immediate effect to release the activation order (Actord) in order to execute the deployment of the forces, prior to transfer of authority following their arrival in theatre, and start execution of the mission.Article 5Without prejudice to Article 15 of the Joint Action 2003/423/CFSP, this Decision will remain in effect until such time as the forces committed to the operation in Bunia have been re-deployed.Article 6This Decision shall be published in the Official Journal of the European Union.Done at Luxembourg, 12 June 2003.For the CouncilThe PresidentG. Drys(1) OJ L 143, 11.6.2003, p. 50.


title: Political and Security Committee Decision (CFSP) 2017/321 of 21 February 2017 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2016/940 (ATALANTA/1/2017)

text:
               24.2.2017

               EN

               Official Journal of the European Union

               L 47/11

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2017/321
   of 21 February 2017
   on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2016/940 (ATALANTA/1/2017)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (‘EU Force Commander’).

               (2)

               On 9 June 2016, the PSC adopted Decision (CFSP) 2016/940 (2) appointing Commodore René LUYCKX as EU Force Commander.

               (3)

               The EU Operation Commander has recommended the appointment of Rear Admiral Rafael FERNÁNDEZ-PINTADO MUÑOZ-ROJAS as the new EU Force Commander to succeed Commodore René LUYCKX as from 24 February 2017.

               (4)

               On 19 January 2017, the EU Military Committee supported that recommendation.

               (5)

               Decision (CFSP) 2016/940 should therefore be repealed.

               (6)

               In accordance with Article 5 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 does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear Admiral Rafael FERNÁNDEZ-PINTADO MUÑOZ-ROJAS is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) as from 24 February 2017.
   Article 2
   Decision (CFSP) 2016/940 is repealed.
   Article 3
   This Decision shall enter into force on 24 February 2017.

      Done at Brussels, 21 February 2017.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  Political and Security Committee Decision (CFSP) 2016/940 of 9 June 2016 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2016/395 (ATALANTA/3/2016) (OJ L 155, 14.6.2016, p. 27).


Avis juridique important

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31986Y0129

DECISION NO 129 OF 17 OCTOBER 1985 CONCERNING THE APPLICATION OF ARTICLES 77, 78 AND 79 ( 3 ) OF REGULATION ( EEC ) NO 1408/71 AND OF ARTICLE 10 ( 1 ) ( B ) ( II ) OF REGULATION ( EEC ) NO 574/72

Official Journal C 141 , 07/06/1986 P. 0007

DECISION No 129 of 17 October 1985 concerning the application of Articles  77, 78 and 79 (3) of Regulation (EEC) No 1408/71 and of Article 10  (1)  (b)  (ii) of Regulation  (EEC) No 574/72 (86/C  141/07)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON  SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81  (a) of Council Regulation (EEC) No  1408/71 of 14 June 1971, under which it is made responsible for dealing with all administrative  questions or matters of interpretation arising from the provisions of Regulation (EEC) No 1408/71  and subsequent regulations;Whereas Decision No 122 of 20 April 1983 should be amended to take  account of the judgment delivered by the Court of Justice in Case 320/82;Whereas Judgment 733/79  delivered by the Court of Justice of the European Communities, hereinafter referred to as 'the  Court of Justice', on 12 June 1980 rules as follows:'Article 77  (2)  (b)  (i) of Regulation (EEC)  No 1408/71 must be interpreted as meaning that entitlement to family benefits payable by the State  in whose territory the recipient of an invalidity pension resides does not extinguish the right to  higher family benefits awarded previously by another Member State.If the amount of family benefits  actually received by the worker in the Member State in which he resides is less than the amount of  the benefits provided for by the legislation of the other Member State, he is entitled to a  supplement to the benefit from the competent institution of the latter State equal to the  difference between the two amounts';Whereas Judgment 807/79 delivered by the Court of Justice of  the European Communities on 9 July 1980 rules as follows:'Article 78  (2)  (b)  (i) of Regulation  (EEC) No 1408/71 of the Council of 14 June 1971 must be interpreted as meaning that the entitlement  to benefits payable by the State in whose territory the orphan to whom they have been awarded  resides does not remove the entitlement to higher benefits previously acquired by virtue of the  legislation of another Member State alone. Where the amount of benefits actually received in the  Member State of residence is less than that of the benefits provided for by the legislation of the  other Member State alone, the orphan is entitled to a supplement of benefit, payable by the  competent institution of the latter State, equal to the difference between the two  amounts.';Whereas Judgment 100/78 delivered by the Court of Justice of the European Communities on  6 March 1979 rules as follows:'1.  Within the meaning of Article 79  (3) of Regulation (EEC) No  1408/71 of the Council the suspension of the right to family allowances for dependent children of  the father who is in receipt of a pension under the legislation of a Member State is not applicable  if the mother has not actually acquired the right to these same allowances under the legislation of  another Member State by virtue of the pursuit of a professional or trade activity or, in any event,  because the conditions upon which the award to the mother of the right to receive the allowances  depend are not fulfilled.2.  Article 79  (3) is applicable only up to the amount actually received  by virtue of the pursuit of the professional or trade activity.';Whereas the Court of Justice in  its Judgment 320/82 of 24 November 1983 ruled as follows:'Articles 77 and 78 of Regulation (EEC) No  1408/71 must be interpreted as meaning that, where a deceased father has been subject to the  legislation of more than one Member State, entitlement to an orphan's pension acquired under the  legislation of the Member State which is competent according to those provisions does not  extinguish entitlement to higher orphan's benefits under the legislation of another Member State  alone. Where the amount of the benefits actually received in the first Member State is less than of  the benefits provided for by the legislation of the other Member State alone, the orphan is  entitled to a supplement from the competent institution of the latter State equal to the difference  between the two amounts.';Whereas overlapping of benefits may result from the occurrence of an  event giving rise under the legislation of a Member State to the acqusition of a right to benefits  for dependent children of pensioners or for orphans, already enjoying rights to benefit under the  legislation of another Member State; whereas this is the case in respect of the pursuit of a  professional or trade activity, the acquisition of a right to pension in the State of residence, or  where the pensioner or orphans change their residence;Whereas overlapping of benefits may also  occur where an event gives rise to the acquisition of a right to benefits both under the  legislation of a Member State in accordance with the provisions of Articles 77 and 78 of Regulation  (EEC) No 1408/71 and in another Member State by virtue of its national legislation alone;Whereas,  furthermore, the overlapping of benefits due pursuant to Article 77 or 78 of Regulation (EEC) No  1408/71 with benefits or family allowances due under other legislation is governed, on the one  hand, by Article 79  (3) of the aforementioned Regulation where entitlement to benefits or family  allowances accrues from the pursuit of a professional or trade activity and, on the other hand, by  Article 10  (1)  (b)  (ii) of Regulation (EEC) No 574/72 where entitlement to benefits or family  allowances is not dependent on conditions relating to insurance, employment or self-employment;  whereas the rules laid down by these provisions are substantially the same; whereas, consequently,  for the purposes of applying the aforementioned Article 10  (1)  (b)  (ii), there is reason to take  account of the interpretation given by the Court of Justice to the aforementioned Article 79   (3);Whereas, in order to implement the judgments of the Court of Justice in respect of Articles 77,  78 and 79 of Regulation (EEC) No 1408/71, it is in fact necessary to determine the cases in which a  supplement must be paid and to specify the procedures for the determination of this supplement and  the duties of the institutions;Acting in accordance with Article 80  (3) of Regulation (EEC) No  1408/71,HAS DECIDED AS FOLLOWS:1.  Where the amount of the benefits specified in Article 77  (1) of  Regulation (EEC) No 1408/71 which were received by the person who is entitled to a pension due  under the legislation of a Member State where he was residing is higher than the amount of the  benefits that he receives under the legislation of another Member State to which he has transferred  his place of residence and under whose legislation a pension is also due, Article 77  (2) must be  applied under the conditions laid down in paragraph 5 of this Decision in such a way that  entitlement to benefits under the legislation of the first Member State is maintained in so far as  the amount thereof exceeds the amount of benefits actually received under the legislation of the  new country of residence.2.  Where the amount of the benefits specified in Article 78  (1) of  Regulation (EEC) No 1408/71 which were awarded under the legislation of a Member State in respect  of an orphan residing in that State is higher than the amount of the benefits which are due in  respect of that orphan under the legislation of another Member State to which he has transferred  his place of residence, Article 78  (2) must be applied under the conditions laid down in paragraph  5 of this Decision in such a way that entitlement to benefits under the legislation of the first  Member State is maintained in so far as the amount of such benefits exceeds the amount actually  received under the legislation of the new country of residence.3.  Where the amount of benefits for  orphans or dependent children of person entitled to a pension due under the legislation of one  Member State alone is higher than the amount of benefits due under the legislation of another  Member State regarded as competent according to the provisions of Articles 77 and 78 of Regulation  (EEC) No 1408/71, the right to benefits under the legislation of the former Member State shall be  maintained, in accordance with the provisions of paragraph 5, in so far as the amount of such  benefits exceeds the amount actually received under the legislation of the latter Member State.4.   Article 79  (3) of Regulation (EEC) No 1408/71 and Article 10  (1)  (b)  (ii) of Regulation (EEC)  No 574/72 must be applied in accordance with the provisions of paragraph 5 of this Decision in such  a way that the right to benefits due under the legislation of a Member State pursuant to Article 77   (2) or 78  (2) is suspended only up to the amount of family benefits or family allowances actually  received under the legislation of another Member State by virtue of the pursuit of a professional  or trade activity.5. In the cases referred to in paragraphs 1, 2, 3 and 4 the competent institution  of the first Member State shall award a supplement to the benefits granted under the legislation of  the second Member State, equal to the difference between the amount of the benefits actually  received under the legislation of the second Member State and the amount of the benefits due under  the legislation of the first Member State.This supplement shall be determined taking account solely  of children or orphans in respect of whom entitlement existed before the place of residence was  transferred, before the occupational activity was pursued, before the acquisition of a new right to  benefits in accordance with the legislation of a second Member State, or at such time as rights are  simultaneously acquired under the legislation of one Member State alone and under the legislation  of another Member State in accordance with the Community provisions. This supplement shall be  granted as long as the conditions required for entitlement to benefit under the legislation of the  first Member State are satisfied. Where the conditions required for entitlement to benefit under  the legislation of the second Member State are no longer satisfied the first Member State shall  pay, instead of the supplement, the full amount of the benefits which are still due under its own  legislation.6.  The amount of the supplement shall be determined for the first time at the very  latest on the expiry of a period of 12 months after the right to benefits in the second Member  State has been acquired. Thereafter the supplement shall be determined at least every 12 months.  Where the legislation of a Member State provides that a claim must be submitted for the granting of  benefits, a claim should likewise be submitted for the supplement.7.  The competent institution or  institutions of the second Member State shall inform the competent institution or institutions of  the first Member State immediately of the date on which the right is acquired under the legislation  applied by these institutions and also of the nature and amount of the benefits.After expiry of the  period referred to in paragraph 6, the institution or institutions of the second Member State shall  inform the institution or institutions of the first Member State of the exact amount of the  benefits which were paid by the institution or institutions of the second Member State in the  expired periods.8.  Once the amount of the supplement has been determined, the supplement shall be  granted in accordance with the legislation of the first Member State and in accordance with the  provisions of Regulations (EEC) No 1408/71 and (EEC) No 574/72 relating to the benefits in  question.9.  After expiry of the period referred to in paragraph 6, the institution or institutions  of the first Member State shall inform the beneficiary of the decision to award or refuse a  supplement and shall indicate:(a)  the amount of the benefits due under the legislation of this  Member State;(b)  the amount of the benefits actually paid under the legislation of the other  Member State;(c)  the amount of any supplement.10.  The rate of exchange to be applied in order to  compare the amounts of the benefits for the purpose of paragraph 9 shall be the rate applicable in  accordance with Article 107  (1) to (3) of Regulation (EEC) No 574/72.For the purposes of  implementing this Decision, the institutions shall use the forms drawn up for Chapters 7 and 8 of  Regulation (EEC) No 1408/71, to which, where necessary, any further information considered to be  necessary by the institutions in question shall be added.11.  This Decision, which replaces  Decision No 122 of 20 April 1983, shall be published in the Official Journal of the European  Communities.It shall enter into force on the first day of the month following its publication in  the Official Journal of the European Communities.The Chairmanof the Administrative CommissionG.  SCHROEDER


title: 2012/487/CFSP: Political and Security Committee Decision EUAVSEC-South Sudan/1/2012 of 10 August 2012 on the appointment of the Head of Mission of the European Union Aviation Security CSDP Mission in South Sudan (EUAVSEC-South Sudan)

text:
               24.8.2012

               EN

               Official Journal of the European Union

               L 229/25

         POLITICAL AND SECURITY COMMITTEE DECISION EUAVSEC-SOUTH SUDAN/1/2012
   of 10 August 2012
   on the appointment of the Head of Mission of the European Union Aviation Security CSDP Mission in South Sudan (EUAVSEC-South Sudan)
   (2012/487/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2012/312/CFSP of 18 June 2012 on the European Union Aviation Security CSDP Mission in South Sudan (1), and in particular Article 9(1) thereof,
   Whereas:

               (1)

               By Article 9(1) of Decision 2012/312/CFSP, the Council authorised the Political and Security Committee, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the EUAVSEC-South Sudan, including the decision to appoint a Head of Mission.

               (2)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Mr Lasse ROSENKRANDS CHRISTENSEN as Head of Mission of EUAVSEC-South Sudan until 18 January 2014,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Lasse ROSENKRANDS CHRISTENSEN is hereby appointed Head of European Union Aviation Security CSDP Mission in South Sudan (EUAVSEC-South Sudan) until 18 January 2014.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 10 August 2012.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 158, 19.6.2012, p. 17.


Avis juridique important

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31989D0403

89/403/EEC, Euratom: Council Decision of 14 June 1989 appointing a member of the Economic and Social Committee

Official Journal L 189 , 04/07/1989 P. 0043 - 0043

*****COUNCIL  DECISION  of 14 June 1989  appointing a member of the Economic and Social Committee  (89/403/EEC, Euratom)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 15 September 1986 appointing the members of the Economic and Social Committee for the period ending on 20 September 1990 (1),  Whereas a seat has become vacant on the above Committee following the resignation of Mr Jean-Pierre Delhomenie, notified to the Council on 13 March 1989;  Having regard to the nominations submitted by the Permanent Representation of France on 26 March 1989,  Having obtained the favourable opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr Albert Mercier is hereby appointed a member of the Economic and Social Committee in place of Mr Jean-Pierre Delhomenie for the remainder of his term of office, which runs until 20 September 1990.  Done at Luxembourg, 14 June 1989.  For the Council  The President  P. SOLBES  (1) OJ No C 244, 30. 9. 1986, p. 2.


title: 87/460/EEC: Council Decision of 11 December 1986 concerning the provisional application of the Agreement between the European Economic Community and the Kingdom of Thailand on trade in textile products

text:
 No L 255 / 126                           Official Journal of the European Communities                                             5 . 9 . 87
                                                      COUNCIL DECISION
                                                       of 11 December 1986
                  concerning the provisional application of the Agreement between the European Economic
                             Community and the Kingdom of Thailand on trade in textile products
                                                          ( 87 / 460 / EEC )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              textile products shall be applied provisionally as from 1
                                                                        January 1987 pending its formal conclusion provided that
 Having regard to the Treaty establishing the European                  there is a reciprocal provisional application on the part of the
 Economic Community and in particular Article 113                       contracting country .
 thereof,
 Having regard to the proposal from the Commission ,                    The text of the Agreement is attached to this Decision (*).
 Whereas the Commission has , on behalf of the European
 Economic Community , negotiated an Agreement with
 Thailand on trade in textile products ;                                                             Article 2
'Whereas the said Agreement should be applied provisionally
 as from 1 January 1987 pending the completion of the                   The Commission is invited to inform the contracting country
 procedures necessary for its conclusion , provided that there          of this Decision and seek its agreement thereto , which will be
 is a reciprocal provisional application on the part of the             duly communicated to the Council .
 contracting country ,
 HAS DECIDED AS FOLLOWS :
                                                                        Done at Brussels , 11 December 1986 .
                          Article 1                                                                                For the Council
                                                                                The President
 The Agreement between the European Economic
 Community and the Kingdom of Thailand on trade in                                                                    K. CLARKE
                                                                       (*) For technical reasons this Agreement is published in the Official
                                                                           Journal ofthe European Communities in the language in which it
                                                                           was negotiated .                   ,


title: Council Decision (EU) 2015/733 of 9 October 2014 on the signing, on behalf of the European Union and its Member States, and provisional application of the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               8.5.2015

               EN

               Official Journal of the European Union

               L 117/1

         COUNCIL DECISION (EU) 2015/733
   of 9 October 2014
   on the signing, on behalf of the European Union and its Member States, and provisional application of the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(5) thereof,
   Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 24 September 2012, the Council authorised the Commission to open negotiations with the Republic of South Africa, on behalf of the Union, its Member States and the Republic of Croatia, to conclude an Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part (1), to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).

               (2)

               Those negotiations were successfully completed on 19 May 2014.

               (3)

               The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

               (4)

               The Protocol should be applied provisionally,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union and its Member States of the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of Republic of Croatia to the European Union is hereby authorised, subject to the conclusion of the Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
   Article 3
   The Protocol shall be applied on a provisional basis in accordance with Article 6(3) thereof.
   The President of the Council is hereby authorised to designate the person empowered to make the notification provided for in Article 6(3) of the Protocol.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 9 October 2014

            For the Council

            The President

         A. ALFANO

      (1)  The text of the Agreement is published in OJ L 311, 4.12.1999, p. 3.


Avis juridique important

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31999D0783

1999/783/EC: Council Decision of 22 November 1999 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period 3 May 1999 to 2 May 2000 the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off the coast of Angola

Official Journal L 307 , 02/12/1999 P. 0058 - 0059

COUNCIL DECISIONof 22 November 1999on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period 3 May 1999 to 2 May 2000 the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off the coast of Angola(1999/783/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola(1),Having regard to the proposal from the Commission,Whereas:(1) The Community and the Republic of Angola have held negotiations with a view to determining amendments to be made to the abovementioned Agreement at the end of the period of application of the Protocol in force which is annexed to the said Agreement;(2) As a result of these negotiations, a new Protocol was initialled on 2 May 1999;(3) Under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Republic of Angola for the period 3 May 1999 to 2 May 2000;(4) In order to avoid interruption of fishing activities by Community vessels, the new Protocol should be applied as soon as possible; for this reason, both parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the Protocol previously in force; that Agreement should be approved subject to a definitive decision pursuant to Article 37 of the Treaty;(5) The allocation of fishing possibilities among the Member States should, moreover, be determined on the basis of the traditional allocation of fishing possibilities under the Fisheries Agreement,HAS ADOPTED THIS DECISION:Article 1The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining, for the period 3 May 1999 to 2 May 2000, the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.Article 2The fishing possibilities provided for in the Protocol are allocated among the Member States as follows:- Shrimp vessels:>TABLE>- Demersal trawlers:>TABLE>- Bottom longliners:>TABLE>- Freezer tuna seiners:>TABLE>- Surface longliners:>TABLE>If licence applications from these Member States do not exhaust the fishing possibilities provided for in the Protocol the Commission may entertain licence applications from any other Member State.Article 3The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Brussels, 22 November 1999.For the CouncilThe PresidentK. HEMILÄ(1) OJ L 341, 3.12.1987, p. 1.