title: Political and Security Committee Decision (CFSP) 2018/869 of 5 June 2018 extending the mandate of the Head of Mission of the European Union Rule of Law Mission in Kosovo (This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.) (EULEX KOSOVO) (EULEX KOSOVO/1/2018)

text:
                  14.6.2018

                  EN

                  Official Journal of the European Union

                  L 149/24

            POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2018/869
      of 5 June 2018
      extending the mandate of the Head of Mission of the European Union Rule of Law Mission in Kosovo (*1) (EULEX KOSOVO) (EULEX KOSOVO/1/2018)
      THE POLITICAL AND SECURITY COMMITTEE,
      Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
      Having regard to Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) (1), and in particular Article 12(2) thereof,
      Whereas:

                  (1)

                  Pursuant to Article 12(2) of Joint Action 2008/124/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with the third paragraph of Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including the decision to appoint a Head of Mission.

                  (2)

                  On 8 June 2018, the Council adopted Decision (CFSP) 2018/856 (2), amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2020.

                  (3)

                  On 20 July 2016, the PSC adopted Decision (CFSP) 2016/1207 (3), appointing Ms Alexandra PAPADOPOULOU as Head of Mission of EULEX KOSOVO for the period from 1 September 2016 to 14 June 2017.

                  (4)

                  On 13 June 2017, the PSC adopted Decision (CFSP) 2017/1012 (4), extending the mandate of Ms Alexandra PAPADOPOULOU as Head of Mission of EULEX KOSOVO for the period from 15 June 2017 to 14 June 2018.

                  (5)

                  On 31 May 2018, the High Representative of the Union for Foreign Affairs and Security Policy proposed to extend the mandate of Ms Alexandra PAPADOPOULOU as Head of Mission of EULEX KOSOVO for the period from 15 June 2018 to 14 June 2019,

            HAS ADOPTED THIS DECISION:
      Article 1
      The mandate of Ms Alexandra PAPADOPOULOU as Head of Mission of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) is hereby extended for the period from 15 June 2018 to 14 June 2019.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at Brussels, 5 June 2018.

               For the Political and Security Committee

               The Chairperson

            W. STEVENS

         (*1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.

         (1)  OJ L 42, 16.2.2008, p. 92.

         (2)  Council Decision (CFSP) 2018/856 of 8 June 2018 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) (OJ L 146, 11.6.2018, p. 5).

         (3)  Political and Security Committee Decision (CFSP) 2016/1207 of 20 July 2016 on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (EULEX KOSOVO/1/2016) (OJ L 198, 23.7.2016, p. 49).

         (4)  Political and Security Committee Decision (CFSP) 2017/1012 of 13 June 2017 extending the mandate of the Head of Mission of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) (EULEX KOSOVO/1/2017) (OJ L 153, 16.6.2017, p. 27).


title: Decision (EU) 2018/853 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) No 1257/2013 and Directives 94/63/EC and 2009/31/EC of the European Parliament and of the Council and Council Directives 86/278/EEC and 87/217/EEC as regards procedural rules in the field of environmental reporting and repealing Council Directive 91/692/EEC

text:
                  14.6.2018

                  EN

                  Official Journal of the European Union

                  L 150/155

            DECISION (EU) 2018/853 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
      of 30 May 2018
      amending Regulation (EU) No 1257/2013 and Directives 94/63/EC and 2009/31/EC of the European Parliament and of the Council and Council Directives 86/278/EEC and 87/217/EEC as regards procedural rules in the field of environmental reporting and repealing Council Directive 91/692/EEC
      THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
      Having regard to the proposal from the European Commission,
      After transmission of the draft legislative act to the national parliaments,
      Having regard to the opinion of the European Economic and Social Committee (1),
      After consulting the Committee of the Regions,
      Acting in accordance with the ordinary legislative procedure (2),
      Whereas:

                  (1)

                  Council Directives 86/278/EEC (3) and 87/217/EEC (4) are based on Articles 100 and 235 of the Treaty establishing the European Economic Community, now Articles 115 and 352 of the Treaty on the Functioning of the European Union (TFEU). Amendments to those Directives in this Decision are related to Union policy on the environment and are a direct consequence of the repeal of Council Directive 91/692/EEC (5) on the basis of Article 192(1) TFEU. It is therefore appropriate to base those amendments on Article 192(1) TFEU.

                  (2)

                  European Parliament and Council Directive 94/63/EC (6) is based on Article 100a of the Treaty establishing the European Community, now Article 114 TFEU. Amendments to that Directive in this Decision are related to Union policy on the environment and are a direct consequence of the repeal of Directive 91/692/EEC on the basis of Article 192(1) TFEU. It is therefore appropriate to base those amendments on Article 192(1) TFEU.

                  (3)

                  Directive 91/692/EEC was adopted to rationalise and improve, on a sectoral basis, the provisions on the transmission of information and the publication of reports concerning certain directives on the protection of the environment. To achieve that objective, Directive 91/692/EEC amended several directives by introducing uniform reporting requirements.

                  (4)

                  The implementation of the reporting requirements introduced by Directive 91/692/EEC has become burdensome and ineffective. Moreover, many of the Union acts amended by Directive 91/692/EEC have been replaced and no longer contain the reporting requirements as introduced by that Directive. For example, Directive 2000/60/EC of the European Parliament and of the Council (7) repealed seven Union acts in the field of water policy and did not take over the reporting system introduced by Directive 91/692/EEC. In addition, Directive 2010/75/EU of the European Parliament and of the Council (8) contains no reference to Directive 91/692/EEC and instead provides for a separate system of reporting.

                  (5)

                  Directive 91/692/EEC does not provide for use of electronic tools. With the successful development of the European Environmental Agency’s Reportnet and sectoral initiatives on streamlining of reporting, such as the Water Information System for Europe, the need for and effectiveness of a horizontal instrument on reporting has increasingly been called into question. Finally, the adoption of Directive 2007/2/EC of the European Parliament and of the Council (9) and the related development of the Shared Environment Information System, introduced a more modern and effective horizontal approach to information management and reporting related to Union environmental policy.

                  (6)

                  Directive 91/692/EEC should therefore be repealed.

                  (7)

                  Most of the Directives amended by Directive 91/692/EEC are no longer in force. However, Directives 86/278/EEC and 87/217/EEC are still in force.

                  (8)

                  Directive 86/278/EEC requires Member States to provide a report on the implementation of that Directive on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure laid down in Directive 91/692/EEC. In order to avoid a legal vacuum due to the repeal of Directive 91/692/EEC, it is necessary to replace the reference to Directive 91/692/EEC with a reference to the procedure referred to in Directive 86/278/EEC.

                  (9)

                  Reporting by Member States under Directive 87/217/EEC is no longer necessary following the adoption of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (10), which provides for the phasing out of the production and use of raw asbestos and products containing asbestos in the Union. It is therefore appropriate to delete those reporting requirements set out in that Directive.

                  (10)

                  After the entry into force of Directive 91/692/EEC, the following Regulations and Directives included a reference to that Directive: European Parliament and Council Directive 94/62/EC (11), Directive 94/63/EC, Council Directive 1999/31/EC (12), Directive 2000/53/EC of the European Parliament and of the Council (13), Directive 2003/87/EC of the European Parliament and of the Council (14), Directive 2008/98/EC of the European Parliament and of the Council (15), Directive 2009/31/EC of the European Parliament and of the Council (16) and Regulation (EU) No 1257/2013 of the European Parliament and of the Council (17).

                  (11)

                  As part of an EU action plan for the circular economy, the Commission proposed to amend Directives 94/62/EC, 1999/31/EC, 2000/53/EC and 2008/98/EC in order to replace the reference to Directive 91/692/EEC.

                  (12)

                  In order to ensure that certain provisions of the Annexes to Directive 86/278/EEC are up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the adaptation of those provisions to technical and scientific progress. Likewise, in order to ensure that the Annexes to Directive 2009/31/EC are up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the adaptation of those Annexes to technical and scientific progress. The adaptation of the Annexes to Directive 2009/31/EC should not result in a lowering of the level of safety, or in a weakening of the monitoring principles, provided by the criteria contained in those Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (18). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

                  (13)

                  The second subparagraph of Article 21(2) of Regulation (EU) No 1257/2013 refers to Directive 91/692/EEC, which is to be repealed. Pursuant to that provision, the first reporting exercise is due to start on the date of application of Regulation (EU) No 1257/2013. On 19 December 2016, by means of Implementing Decision (EU) 2016/2323 (19), the Commission established the first version of the European List of ship recycling facilities (‘the European List’). In accordance with Article 26 of Regulation (EU) No 1257/2013, Member States may authorise the recycling of ships in ship recycling facilities included in the European List prior to the date of application of that Regulation. In such circumstances, Regulation (EC) No 1013/2006 of the European Parliament and of the Council (20) does not apply. In order to avoid a gap during which time information is not collected under Regulation (EC) No 1013/2006 or Regulation (EU) No 1257/2013, it is appropriate to introduce a transitional reporting period between the date of the first anticipated authorisation under Article 26 of Regulation (EU) No 1257/2013 in a given Member State and the date of application of that Regulation for each Member State that decides to use the transitional period provided for in that Article. To limit the related administrative burden for each such Member State, it is not necessary that the information collected during that transitional period form the basis of a separate report. Instead, it should be sufficient that such information be incorporated or form part of the first regular report covering the three-year period from the date of application of Regulation (EU) No 1257/2013.

                  (14)

                  The reporting requirement set out in Directive 94/63/EC is no longer necessary for the purposes of monitoring implementation of that Directive. The relevant provision should therefore be deleted.

                  (15)

                  Since the objective of this Decision, namely to amend or repeal Union legal acts in the field of environmental reporting that are no longer applicable or relevant, cannot be sufficiently achieved by the Member States but can rather, by reason of its nature, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.

                  (16)

                  Regulation (EU) No 1257/2013 and Directives 94/63/EC, 2009/31/EC, 86/278/EEC and 87/217/EEC should therefore be amended accordingly,

            HAVE ADOPTED THIS DECISION:
      Article 1
      Amendments to Directive 2009/31/EC
      Directive 2009/31/EC is amended as follows:

                  (1)

                  in Article 27, paragraph 1 is replaced by the following:
                  ‘1.   Every three years the Member States shall submit to the Commission a report on the implementation of this Directive, including the register referred to in point (b) of Article 25(1). The first report shall be sent to the Commission by 30 June 2011. The report shall be drawn up on the basis of a questionnaire or outline adopted by the Commission in the form of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 30(2). The questionnaire or outline shall be sent to Member States at least six months before the deadline for the submission of the report.’;

                  (2)

                  Article 29 is replaced by the following:
                  ‘Article 29
                  Amendments to the Annexes
                  The Commission is empowered to adopt delegated acts in accordance with Article 29a to amend the Annexes in order to adapt them to technical and scientific progress. Such adaptation may not result in a lowering of the level of safety provided by the criteria contained in Annex I or in a weakening of the monitoring principles contained in Annex II.’;

                  (3)

                  the following Article is inserted:
                  ‘Article 29a
                  Exercise of the delegation
                  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
                  2.   The power to adopt delegated acts referred to in Article 29 shall be conferred on the Commission for a period of five years from 4 July 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The report shall be submitted to the European Parliament and Council. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
                  3.   The delegation of power referred to in Article 29 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
                  4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (*1).
                  5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
                  6.   A delegated act adopted pursuant to Article 29 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

                     (*1)  OJ L 123, 12.5.2016, p. 1.’;"

                  (4)

                  Article 30 is replaced by the following:
                  ‘Article 30
                  Committee procedure
                  1.   The Commission shall be assisted by the Climate Change Committee established by Article 26 of Regulation (EU) No 525/2013 of the European Parliament and of the Council (*2). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*3).
                  2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

                     (*2)  Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13)."

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

            Article 2
      Amendments to Directive 86/278/EEC
      Directive 86/278/EEC is amended as follows:

                  (1)

                  Article 13 is replaced by the following:
                  ‘Article 13
                  The Commission is empowered to adopt delegated acts in accordance with Article 15a to amend the Annexes in order to adapt them to technical and scientific progress.
                  The first paragraph shall not apply to the parameters and values listed in Annexes I A, I B and I C, any factors likely to affect the evaluation of those values, and the parameters for analysis referred to in Annexes II A and II B.’;

                  (2)

                  Article 14 is deleted;

                  (3)

                  Article 15 is replaced by the following:
                  ‘Article 15
                  1.   The Commission shall be assisted by the committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council (*4). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*5).
                  2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

                     (*4)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3)."

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

                  (4)

                  the following Article is inserted:
                  ‘Article 15a
                  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
                  2.   The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission for a period of five years from 4 July 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The report shall be submitted to the European Parliament and Council. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
                  3.   The delegation of power referred to in Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
                  4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (*6).
                  5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
                  6.   A delegated act adopted pursuant to Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

                     (*6)  OJ L 123, 12.5.2016, p. 1.’;"

                  (5)

                  in Article 17, the first paragraph is replaced by the following:
                  ‘At intervals of three years Member States shall send information to the Commission on the implementation of this Directive, in the form of a sectoral report which shall also cover other pertinent Community Directives. The sectoral reports shall be drawn up on the basis of a questionnaire or outline adopted by the Commission in the form of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). The questionnaire or outline shall be sent to the Member States six months before the start of the period covered by the report. The report shall be sent to the Commission within nine months of the end of the three-year period covered by it.’.

            Article 3
      Amendment to Directive 87/217/EEC
      In Article 13 of Directive 87/217/EEC, paragraph 1 is deleted.
      Article 4
      Amendment to Regulation (EU) No 1257/2013
      In Article 21 of Regulation (EU) No 1257/2013, paragraph 2 is replaced by the following:

         ‘2.   Each report shall cover three years and shall be electronically transmitted to the Commission no later than nine months after the end of the three-year period covered by it.
         The first electronic report shall cover the three-year period starting on the date of application of this Regulation, in accordance with Article 32(1). Where a Member State authorises the recycling of ships in ship recycling facilities that are included in the European List prior to the date of application of this Regulation in accordance with Article 26, the first electronic report of that Member State shall also cover the period from the date of such authorisation to the date of application of this Regulation.
         The Commission shall publish a report on the application of this Regulation no later than nine months after receiving the reports from the Member States.’.

      Article 5
      Amendments to Directive 94/63/EC
      Directive 94/63/EC is amended as follows:

                  (1)

                  in Article 4(4), the second subparagraph is replaced by the following:
                  ‘Member States shall inform the Commission of terminals concerned by such a derogation.’;

                  (2)

                  in Article 6(4), the second subparagraph is replaced by the following:
                  ‘Member States shall inform the Commission of the details of the areas within which they intend to grant such derogation and subsequently of any changes to such areas.’;

                  (3)

                  Article 9 is replaced by the following:
                  ‘Article 9
                  Monitoring and reporting
                  The Commission is invited to submit with its reports, where appropriate, proposals for the amendment of this Directive, including in particular the extension of the scope to include vapour control and recovery systems for loading installations and ships.’.

            Article 6
      Repeal of Directive 91/692/EEC
      Directive 91/692/EEC is repealed.
      Article 7
      Entry into force
      This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

         Done at Strasbourg, 30 May 2018.

               For the European Parliament

               The President

            A. TAJANI

               For the Council

               The President

            L. PAVLOVA

         (1)  OJ C 173, 31.5.2017, p. 82.

         (2)  Position of the European Parliament of 18 April 2018 (not yet published in the Official Journal) and decision of the Council of 14 May 2018.

         (3)  Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6).

         (4)  Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos (OJ L 85, 28.3.1987, p. 40).

         (5)  Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reports on the implementation of certain Directives relating to the environment (OJ L 377, 31.12.1991, p. 48).

         (6)  European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations (OJ L 365, 31.12.1994, p. 24).

         (7)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

         (8)  Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

         (9)  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

         (10)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

         (11)  European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).

         (12)  Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).

         (13)  Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269, 21.10.2000, p. 34).

         (14)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

         (15)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

         (16)  Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).

         (17)  Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1).

         (18)  OJ L 123, 12.5.2016, p. 1.

         (19)  Commission Implementing Decision (EU) 2016/2323 of 19 December 2016 establishing the European List of ship recycling facilities pursuant to Regulation (EU) No 1257/2013 of the European Parliament and of the Council on ship recycling (OJ L 345, 20.12.2016, p. 119).

         (20)  Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).


title: Commission Decision of 04/06/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8906 - Goodyear / Bridgestone) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels,4.6.2018
                                                                C(2018) 3679 final
                                                                        PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.8906 - GOODYEAR / BRIDGESTONE / TIREHUB
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 7 May 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Goodyear Tire &
        Rubber Company (United States) and Bridgestone Corporation (Japan) acquire within the
        meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of TireHub
        LLC. The concentration is accomplished by way of purchase of shares in a newly created
        company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
        −     Goodyear is a US-based manufacturer and distributor of tyres and related products and
              services, active worldwide,
        −     Bridgestone is a Japanese corporation which is active worldwide in the manufacture
              and sale of tyre and rubber products,
        −     TireHub will combine the US tyre wholesale distribution businesses of Bridgestone
              and Goodyear to offer wholesale, distribution and delivery services to customers
              across a broad range of products and an expanded network of locations across the US.
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3       Publication in the Official Journal of the European Union No C 171, 18.05.2018, p. 15.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak--- 3. After examination of the notification, the European Commission has concluded that the
   notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) of
   Commission Notice on a simplified procedure for treatment of certain concentrations under
   Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                    For the Commission
                                                    (Signed)
                                                    Johannes LAITENBERGER
                                                    Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                  2


title: Council Decision of 13 July 2018 appointing one alternate member of the Management Board of the European Institute for Gender Equality for Greece

text:
               18.7.2018

               EN

               Official Journal of the European Union

               C 251/5

         COUNCIL DECISION
   of 13 July 2018
   appointing one alternate member of the Management Board of the European Institute for Gender Equality for Greece
   (2018/C 251/04)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (1), and in particular Article 10 thereof,
   Whereas:

               (1)

               By its Decision of 26 May 2016 (2), the Council appointed 18 members and 17 alternate members of the Management Board of the European Institute for Gender Equality for the period from 1 June 2016 to 31 May 2019.

               (2)

               The government of Greece has submitted one nomination for a post of alternate member to be filled,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as alternate member of the Management Board of the European Institute for Gender Equality for Greece for the remainder of the current term of office, which runs until 31 May 2019:
   GOVERNMENT REPRESENTATIVES

               Country

               Members

               Alternates

               Greece

               Mr Dimitrios PLATIS

         Article 2
   The Council shall appoint members and alternate members who have not yet been nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 July 2018.

            For the Council

            The President

         H. LÖGER

      (1)  OJ L 403, 30.12.2006, p. 9.

      (2)  Council Decision of 26 May 2016 appointing the members and alternate members of the Management Board of the European Institute for Gender Equality (OJ C 199, 4.6.2016, p. 5).


title: Commission Decision of 17 July 2018 setting up a Commission expert group ‘Steering Group on Health Promotion, Disease Prevention and Management of Non-Communicable Diseases’ and repealing the Decision setting up a Commission expert group on rare diseases and the Decision establishing a Commission expert group on Cancer Control (Text with EEA relevance.)

text:
               18.7.2018

               EN

               Official Journal of the European Union

               C 251/9

         COMMISSION DECISION
   of 17 July 2018
   setting up a Commission expert group ‘Steering Group on Health Promotion, Disease Prevention and Management of Non-Communicable Diseases’ and repealing the Decision setting up a Commission expert group on rare diseases and the Decision establishing a Commission expert group on Cancer Control
   (Text with EEA relevance)
   (2018/C 251/07)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Under Article 168(2) of the Treaty on the Functioning of the European Union Member States are required, in liaison with the Commission, to coordinate among themselves their policies and programmes in the areas referred to in paragraph 1 of that Article. The Commission may, in close contact with the Member States, take any useful initiative to promote such coordination, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation.

               (2)

               The Council adopted on 7 December 2010 Conclusions on ‘Innovative approaches for chronic diseases in public health and health care systems’ (1) which invite the Member States to identify and exchange good practices for chronic diseases.

               (3)

               The Commission adopted, on 4 April 2014, a ‘Communication on effective, accessible and resilient health systems’ (2) which provided that the initiatives through which the Union can support policymakers in the Member States will focus on methods and tools allowing Member States to achieve greater effectiveness, accessibility and resilience of their health systems.

               (4)

               The Commission adopted, on 22 November 2016, a ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Next steps for a sustainable European future: European action for sustainability’ (3) which stated that the Union is fully committed to be a frontrunner in implementing the 2030 Agenda for Sustainable Development and its Sustainable Development Goals adopted in the framework of the United Nations. In particular, in contributing to the Sustainable Development Goal 3 ‘Ensure healthy lives and promote well-being for all at all ages’, the Union complements Member States' actions through legislation and other initiatives on public health, health systems and environment-related health problems. The Commission will help Member States to reach the targets under this Goal, in particular reducing chronic diseases' mortality.

               (5)

               Regulation (EU) No 282/2014 of the European Parliament and of the Council (4) which establishes the third programme for the Union's action in the field of health (2014-2020) provides that one of the thematic priorities of the programme is to promote health, prevent diseases and foster supportive environments for healthy lifestyles. Actions under this priority include supporting cooperation and networking in the Union in relation to preventing and improving the response to chronic diseases including cancer, age-related diseases and neurodegenerative diseases, by sharing knowledge, good practices and developing joint activities on prevention, early detection and management of non-communicable diseases.

               (6)

               In view of those commitments and obligations in the public health area, it is therefore necessary to set up an expert group in the field of health promotion, disease prevention and management of non-communicable diseases and to define its tasks and its structure.

               (7)

               Commission Decision C(2016) 3301 (5) sets out a revised set of rules for all Commission expert groups. The new rules aim to bring more clarity and transparency with respect to the composition of expert groups. Accordingly, the tasks and the structure of the expert group on health promotion, disease prevention and management of non-communicable diseases should be defined in compliance with that Decision.

               (8)

               The expert group should provide advice and expertise to the Commission in formulating and implementing the Union's activities in the field of health promotion, disease prevention and management of non-communicable diseases and foster exchanges of relevant experience, policies and practices between the Member States and various parties involved.

               (9)

               The expert group should advise the Commission in the selection of good and best practices to support their transfer and scaling up in the Member States by using the EU Health Programme or other financial instruments of the Union.

               (10)

               The expert group should help the Member States reach the Sustainable Development Goal 3 and in particular reduce premature non-communicable disease mortality.

               (11)

               The expert group should advise the Commission in its efforts to coordinate activities which contribute to reduction of premature mortality due to non-communicable diseases.

               (12)

               The expert group should advise the Commission on improving the uptake of research results in the area of health promotion, disease prevention and management of non-communicable diseases.

               (13)

               The expert group should coordinate its activities with the expert group on health information (EGHI) which advises the Commission on health information needs, technical solutions and priorities for evidence-based health policymaking. In particular, the expert group should use the knowledge of the EGHI when assessing the process and outcomes of transfer and implementation of best practices.

               (14)

               With a view to ensuring effective transfer and implementation of best practices and policy interventions among countries the expert group should be composed of authorities of the Member States

               (15)

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

               (16)

               Personal data should be processed by the expert group in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (6).

               (17)

               As the Commission expert group ‘Steering Group on Health Promotion, Disease Prevention and Management of Non-Communicable Diseases’ will deal with matters currently under the mandate of the expert group on rare diseases set up by Commission Decision of 30 July 2013 setting up a Commission expert group on rare diseases and repealing Decision 2009/872/EC (‘Decision setting up a Commission expert group on rare diseases’) (7) and of the expert group on Cancer Control established by Commission Decision of 3 June 2014 establishing a Commission expert group on Cancer Control and repealing Decision 96/469/EC (‘Decision establishing a Commission expert group on Cancer Control’) (8), those Decisions should be repealed.

               (18)

               It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The expert group ‘The Steering Group on Health Promotion, Disease Prevention and Management of Non-Communicable Diseases’ (‘the group’) is set up.
   Article 2
   Tasks
   The group's tasks shall be:

               (a)

               to assist and advise the Commission in taking initiatives to promote coordination between the Member States to address challenges caused by non-communicable diseases in the Union;

               (b)

               to advise the Commission in the selection of best practices to support Member States in their transfer and further implementation in the area of health promotion, disease prevention and management of non-communicable diseases by using the EU Health Programme or other financial instruments of the Union;

               (c)

               to support the Commission in monitoring the progress towards reaching the Sustainable Development Goal 3 under the 2030 Agenda for Sustainable Development ‘Ensure healthy lives and promote well-being for all at all ages’ and in particular towards reducing mortality due to non-communicable diseases;

               (d)

               to advise the Commission in its efforts to coordinate activities which contribute to reduction of premature mortality due to non-communicable diseases;

               (e)

               to advise the Commission on improving the uptake of research results in the area of health promotion, disease prevention and management of non-communicable diseases;

               (f)

               to assess the outcomes of transfer and implementation of best practices in cooperation with the Expert Group on Health Information which will provide advice on relevant health data in the area of health promotion, disease prevention and management of non-communicable diseases.

         Article 3
   Consultation
   The Commission may consult the group on any matter referred to in Article 2.
   Article 4
   Membership
   1.   The group shall be composed of one member per Member State. The Member State shall inform the Commission of the authority it has designated as its member of the expert group.
   2.   The members shall each nominate their permanent representative and one alternate, who shall be civil servants or public employees. The members shall communicate this information to the Commission and shall be responsible for ensuring that their representatives provide a high level of expertise.
   3.   The members may also appoint representatives on an ad hoc basis, depending on the meeting agenda of the group.
   Article 5
   Chair
   The group shall be chaired by a representative of the Directorate-General for Health and Food Safety of the Commission.
   Article 6
   Operation
   1.   The group shall act at the request of Directorate-General for Health and Food Safety, or other Commission departments if agreed with the Directorate-General for Health and Food Safety, in compliance with the horizontal rules.
   2.   Meetings of the group shall, in principle, be held on Commission premises.
   3.   Directorate-General for Health and Food Safety shall provide secretarial services. Commission officials from other departments with an interest in the proceedings may attend meetings of the group and its sub-groups.
   4.   In agreement with the Directorate-General for Health and Food Safety, the group may, by simple majority of its members, decide that deliberations shall be public.
   5.   Minutes on the discussion on each point on the agenda and on the opinions delivered by the group shall be meaningful and complete. Minutes shall be drafted by the secretariat under the responsibility of the Chair.
   6.   The group shall adopt its opinions, recommendations or reports by consensus. In the event of a vote, the outcome of the vote shall be decided by simple majority of the members. Members who have voted against shall have the right to have a document summarising the reasons for their position annexed to the opinions, recommendations or reports.
   Article 7
   Sub-groups
   1.   Directorate-General for Health and Food Safety of the Commission may set up sub-groups for the purpose of examining specific questions on the basis of terms of reference defined by the Commission. Sub-groups shall operate in compliance with the horizontal rules and shall report to the group. They shall be dissolved as soon as their mandate is fulfilled.
   2.   The members may nominate as their representatives in sub-groups civil servants or public employees who are not their permanent representatives in the expert group.
   Article 8
   Invited experts
   Directorate-General for Health and Food Safety may invite experts with specific expertise with respect to a subject matter on the agenda to take part in the work of the group or sub-groups on an ad hoc basis.
   Article 9
   Observers
   1.   The representatives of the EFTA states that are parties to the Agreement of the European Economic Area may participate as observers in the meetings of the group.
   2.   The Chair may grant observer status to candidate countries and other third countries where it is in the interest of the Union that such country is involved in the work of the expert group, in particular based on an international agreement, an administrative arrangement or Union legislation. Public entities appointed as observers shall nominate their representatives.
   3.   Observers and their representatives may be permitted by the Chair to take part in the discussions of the group and provide expertise. However, they shall not have voting rights and shall not participate in the formulation of recommendations or advice of the group.
   Article 10
   Rules of procedure
   On a proposal by and in agreement with Directorate-General for Health and Food Safety the group shall adopt its rules of procedure by simple majority of its members, on the basis of the standard rules of procedure for expert groups, in compliance with the horizontal rules.
   Article 11
   Professional secrecy and handling of classified information
   The members of the group and sub-groups, as well as invited experts, are subject to the obligation of professional secrecy, which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, as well as to the Commission's rules on security regarding the protection of Union classified information, laid down in Commission Decisions (EU, Euratom) 2015/443 (9) and (EU, Euratom) 2015/444 (10). Should they fail to respect these obligations, the Commission may take all appropriate measures.
   Article 12
   Transparency
   1.   The group and sub-groups shall be registered in the Register of expert groups.
   2.   As concerns the group composition (the expert group and its sub-groups), the following data shall be published on the Register of expert groups:

               (a)

               the name of Member States' authorities;

               (b)

               the name of the public entities acting as observers.

         3.   All relevant documents, including the agendas, the minutes and the participants' submissions, shall be made available either on the Register of expert groups or via a link from the Register to a dedicated website, where this information can be found. Access to dedicated websites shall not be submitted to user registration or any other restriction. In particular, the agenda and other relevant background documents shall be published in due time ahead of the meeting, followed by timely publication of minutes. Exceptions to publication shall only be foreseen where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (11).
   Article 13
   Meeting expenses
   1.   Participants in the activities of the group and sub-groups shall not be remunerated for the services they offer.
   2.   Travel and subsistence expenses incurred by participants in the activities of the group and sub-groups shall be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the Commission and within the limits of the available appropriations allocated to the Commission departments under the annual procedure for the allocation of resources.
   Article 14
   Repeal
   The Decision setting up a Commission expert group on rare diseases and the Decision establishing a Commission expert group on Cancer Control are repealed.
   Article 15
   Applicability
   This Decision shall apply until 31 December 2023.

      Done at Brussels, 17 July 2018.

            For the Commission

         Vytenis ANDRIUKAITIS

            Member of the Commission

      (1)  OJ C 74, 8.3.2011, p. 4.

      (2)  COM(2014) 215 final, 4.4.2014.

      (3)  COM(2016) 739 final, 22.11.2016.

      (4)  Regulation (EU) No 282/2014 of the European Parliament and of the Council of 11 March 2014 on the establishment of a third Programme for the Union's action in the field of health (2014-2020) and repealing Decision No 1350/2007/EC (OJ L 86, 21.3.2014, p. 1).

      (5)  Commission Decision C(2016) 3301 final of 30 May 2016 establishing horizontal rules on the creation and operation of Commission expert groups.

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

      (7)  Commission Decision of 30 July 2013 setting up a Commission expert group on rare diseases and repealing Decision 2009/872/EC (OJ C 219, 31.7.2013, p. 4).

      (8)  Commission Decision of 3 June 2014 establishing a Commission expert group on Cancer Control and repealing Decision 96/469/EC (OJ C 167, 4.6.2014, p. 4).

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

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

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


title: Council Decision (EU, Euratom) 2018/1014 of 13 July 2018 appointing a member, proposed by the Republic of Austria, of the European Economic and Social Committee

text:
               18.7.2018

               EN

               Official Journal of the European Union

               L 181/84

         COUNCIL DECISION (EU, Euratom) 2018/1014
   of 13 July 2018
   appointing a member, proposed by the Republic of Austria, of the European Economic and Social Committee
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to the proposal of the Austrian Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.

               (2)

               A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Thomas DELAPINA,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Judith VORBACH, EU-Referentin der Arbeiterkammer Oberösterreich, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 July 2018.

            For the Council

            The President

         H. LÖGER

      (1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

      (2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).


title: Council Decision (CFSP) 2018/1087 of 30 July 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

text:
                  31.7.2018

                  EN

                  Official Journal of the European Union

                  L 194/152

         COUNCIL DECISION (CFSP) 2018/1087
         of 30 July 2018
         amending Decision (CFSP) 2016/849 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 the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 27 May 2016, the Council adopted Decision (CFSP) 2016/849 (1) concerning restrictive measures against the Democratic People's Republic of Korea.

                     (2)

                     In accordance with Article 36(2) of Decision (CFSP) 2016/849, the Council has reviewed the list of designated persons and entities set out in Annexes II, III, V and VI to that Decision.

                     (3)

                     The Council concluded that Decision (CFSP) 2016/849, including certain entries concerning the persons and entities set out in Annexes II and III thereto, should be updated.

                     (4)

                     Decision (CFSP) 2016/849 should therefore be amended accordingly,

               HAS ADOPTED THIS DECISION:

            Article 1
            Decision (CFSP) 2016/849 is amended as follows:

                        (1)

                        paragraphs 1 and 2 of Article 23 are replaced by the following:

                           ‘Article 23

                              1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:

                                          (a)

                                          the persons designated by the Sanctions Committee or by the UN Security Council as being responsible for, including through supporting or promoting, the DPRK's policies in relation to its nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes, together with their family members, or persons acting on their behalf of or at their direction, as listed in Annex I;

                                          (b)

                                          the persons not covered by Annex I, as listed in Annex II, who:

                                                      (i)

                                                      are responsible for, including through supporting or promoting, the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons acting on their behalf or at their direction,

                                                      (ii)

                                                      provide financial services or the transfer to, through, or from the territory of Member States, or involving nationals of Member States or entities organised under their laws, or persons or financial institutions in their territory, of any financial or other assets or resources that could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes,

                                                      (iii)

                                                      are involved in, including through the provision of financial services, the supply to or from the DPRK of arms and related materiel of all types, or the supply to the DPRK of items, materials, equipment, goods and technology which could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes;

                                          (c)

                                          the persons not covered by Annex I or Annex II working on behalf or at the direction of a person or entity listed in Annex I or Annex II or persons assisting in the evasion of sanctions or violating the provisions of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or 2397(2017) or of this Decision, as listed in Annex III to this Decision;

                                          (d)

                                          persons acting on behalf or at the direction of the entities of the Government of the DPRK or the Workers' Party that the Council determines are associated with the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or 2397 (2017) that are not covered by Annex I, II or III, as listed in Annex V to this Decision.

                              2.   Point (a) of paragraph 1 shall not apply where the Sanctions Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligations, or where the Sanctions Committee concludes that an exemption would otherwise further the objectives of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or 2397 (2017).’;

                        (2)

                        Article 27(1) is replaced by the following:

                           ‘1.   All funds and economic resources belonging to or owned, held or controlled, directly or indirectly, by the following persons and entities shall be frozen:

                                       (a)

                                       the persons and entities designated by the Sanctions Committee or by the UN Security Council as being engaged in or providing support for, including through illicit means, the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, including through illicit means, as listed in Annex I;

                                       (b)

                                       the persons and entities not covered by Annex I, as listed in Annex II, that:

                                                   (i)

                                                   are responsible for, including through supporting or promoting, the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, including through illicit means,

                                                   (ii)

                                                   provide financial services or the transfer to, through, or from the territory of Member States, or involving nationals of Member States or entities organised under their laws, or persons or financial institutions in their territory, of any financial or other assets or resources that could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them,

                                                   (iii)

                                                   are involved, including through the provision of financial services, in the supply to or from the DPRK of arms and related materiel of all types, or the supply to the DPRK of items, materials, equipment, goods and technology which could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes;

                                       (c)

                                       the persons and entities not covered by Annex I or Annex II working on behalf or at the direction of a person or entity listed in Annex I or Annex II or persons assisting in the evasion of sanctions or violating the provisions of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or 2397(2017) or of this Decision, as listed in Annex III to this Decision;

                                       (d)

                                       entities of the Government of the DPRK or the Workers' Party of Korea, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, that the Council determines are associated with the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or 2397 (2017), and that are not covered by Annex I, II or III, as listed in Annex V to this Decision.’;

                        (3)

                        Article 34(2) is replaced by the following:

                           ‘2.   Where the Council decides to subject a person or entity to the measures referred to in Article 18b(4) or (5), points (b), (c) or (d) of Article 23(1), or points (b), (c) or (d) of Article 27(1), it shall amend Annex II, III, V or VI accordingly.’;

                        (4)

                        Article 35 is replaced by the following:

                           ‘Article 35

                              1.   Annexes I, II, III, IV, V and VI shall include the grounds for listing of listed persons, entities and vessels, as provided by the UN Security Council or by the Sanctions Committee with regard to Annex I and Annex IV.

                              2.   Annexes I, II, III, IV, V and VI shall also include, where available, information necessary to identify the persons, entities or vessels concerned, as provided by the UN Security Council or by the Sanctions Committee with regard to Annex I and Annex IV. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the UN Security Council or by the Sanctions Committee.’;

                        (5)

                        Article 36(2) is replaced by the following:

                           ‘2.   The measures referred to in Article 18b(4) and (5), points (b), (c) and (d) of Article 23(1) and points (b), (c) and (d) of Article 27(1) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 33(2), that the conditions for their application are no longer met.’;

                        (6)

                        Annexes II and III to Decision (CFSP) 2016/849 are amended as set out in 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, 30 July 2018.

                  For the Council

                  The President

               G. BLÜMEL

            (1)  Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79).

            ANNEX

               1.
               Annex II to Decision (CFSP) 2016/849, under the heading ‘I. Persons and entities responsible for the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them’, subheading ‘A. Persons’, is amended as follows:

                           (a)

                           the existing entries are renumbered 1-30;

                           (b)

                           the following entries are replaced as follows:

                                       Name

                                       Alias

                                       Identifying information

                                       Date of designation

                                       Statement of Reasons

                                       ‘3.

                                       HYON Chol-hae

                                       HYON Chol Hae

                                       DOB:1934
                                       POB: Manchuria, China

                                       22.12.2009

                                       Korean People's Army Marshal since April 2016. Former Deputy Director of the General Political Department of the Korean People's Army (military adviser to late Kim Jong-Il). Elected Workers' Party of Korea Central Committee member in May 2016 at 7th Congress of Workers' Party of Korea where WPK adopted a decision to continue the DPRK's nuclear programme.

                                       6.

                                       PAK Jae-gyong

                                       Chae-Kyong
                                       PAK Jae Gyong

                                       DOB: 1933
                                       Passport number: 554410661

                                       22.12.2009

                                       Former Deputy Director of the General Political Department of the People's Armed Forces and former Deputy Director of the Logistics Bureau of the People's Armed Forces (military adviser to late Kim Jong-Il). Present at KIM Jong Un's inspection of Strategic Rocket Force Command. Member of the Central Committee of the Workers' Party of Korea.

                                       16.

                                       KIM Jong-gak

                                       KIM Jong Gak

                                       DOB: 20.7.1941
                                       POB: Pyongyang, DPRK

                                       20.5.2016

                                       Former Director of the General Political Department of the Korean's People's Army. Vice Marshal in the Korean People's Army, rector of the Military University of Kim Il-Sung, former member of the Central Military Commission of the Workers' Party of Korea, which is a key body for national defence matters in the DPRK. As such, responsible for supporting or promoting the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.

                                       18.

                                       KIM Won-hong

                                       KIM Won Hong

                                       DOB: 7.1.1945
                                       POB: Pyongyang, DPRK
                                       Passport no: 745310010

                                       20.5.2016

                                       General. First Deputy Director of the General Political Department of the Korean People's Army. Former Director of the State Security Department. Former Minister of State Security. Member of the Central Military Commission of the Workers' Party of Korea and National Defence Commission which was a key body for national defence matters in the DPRK before it was reformed into the State Affaires Commission (SAC), which are the key bodies for national defence matters in the DPRK. As such, responsible for supporting or promoting the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.

                                       21.

                                       SON Chol-ju

                                       SON Chol Ju

                                       20.5.2016

                                       Colonel General of the Korean People's Army. Deputy Director responsible for organisation of the Korea People's Army and former Political Director of the Air and Anti-Air forces, which oversees the development of modernised anti-aircraft rockets. As such, responsible for supporting or promoting the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.’

               2.

                  In Annex II to Decision (CFSP) 2016/849, under the heading ‘I. Persons and entities responsible for the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them’, subheading ‘B. Entities’, the existing entries are renumbered 1-5.

               3.
               Annex II to Decision (CFSP) 2016/849, under the heading ‘II. Persons and entities providing financial services or the transfer of assets or resources that could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes’, subheading ‘A. persons’, is amended as follows:

                           (a)

                           the following entries are replaced as follows:

                                       Name

                                       Alias

                                       Identifying information

                                       Date of designation

                                       Statement of Reasons

                                       ‘10.

                                       DJANG Tcheul Hy

                                       JANG Tcheul-hy, JANG Cheul-hy, JANG Chol-hy, DJANG Cheul-hy, DJANG Chol-hy, DJANG Tchoul-hy, KIM Tcheul-hy

                                       DOB: 11.5.1950
                                       POB: Kangwon

                                       20.4.2018

                                       DJANG Tcheul Hy has been involved together with her husband KIM Yong Nam, her son KIM Su Gwang and her daughter-in-law KIM Kyong Hui in a pattern of deceptive financial practices which could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes. She was the owner of several bank accounts in the Union which were opened by her son KIM Su Gwang in her name. She was also involved in several bank transfers from accounts from her daughter-in-law KIM Kyong Hui to bank accounts outside the Union.

                                       11.

                                       KIM Su Gwang

                                       KIM Sou-Kwang, KIM Sou-Gwang, KIM Son-Kwang, KIM Su-Kwang, KIM Soukwang, KIM Su-gwang, KIM Son-gwang

                                       DOB: 18.8.1976
                                       POB: Pyongyang, DPRK
                                       Diplomat, DPRK Embassy, Belarus

                                       20.4.2018

                                       KIM Su Gwang has been identified by the Panel of Experts as an agent of the Reconnaissance General Bureau, an entity which has been designated by the United Nations. He and his father KIM Yong Nam have been identified by the Panel of Experts as engaging in a pattern of deceptive financial practices which could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes. KIM Su Gwang has opened multiple bank accounts in several Member States, including under family members' names. He has been involved in various large bank transfers to bank accounts in the Union or to accounts outside the Union while working as a diplomat, including to accounts in the name of his spouse KIM Kyong Hui.’

                           (b)

                           the entries are renumbered 1-6.

               4.
               In Annex III to Decision (CFSP) 2016/849, under the heading ‘List of persons referred to in point (c) of Article 23(1) and point (c) of Article 27(1)’, subheading ‘A. Persons’, the following entry is replaced as follows:

                           Name

                           Identifying information

                           Date of designation

                           Reasons

                           ‘4.

                           JON Chol Young
                           a.k.a: JON Chol Yong

                           Passport number: 563410192
                           Diplomat DPRK Embassy, Angola
                           Date of birth: 30.4.1975

                           22.1.2018

                           Representative in Angola of Green Pine Associated Corporation and DPRK diplomat accredited to Angola.
                           Green Pine has been designated by the UN for activities including violating the UN arms embargo. Green Pine has also negotiated contracts for the refurbishment of Angolan naval vessels in violation of the prohibitions imposed by United Nations Security Council Resolutions.’


title: Council Decision (EU) 2018/1069 of 26 July 2018 on the signing, on behalf of the Union, and provisional application of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d'Ivoire (2018-2024)

text:
                  31.7.2018

                  EN

                  Official Journal of the European Union

                  L 194/1

         COUNCIL DECISION (EU) 2018/1069
         of 26 July 2018
         on the signing, on behalf of the Union, and provisional application of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d'Ivoire (2018-2024)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(5) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     On 17 March 2008, the Council adopted Regulation (EC) No 242/2008 (1) concluding the Fisheries Partnership Agreement between the Republic of Côte d'Ivoire and the European Community (2) (the ‘Agreement’). The Agreement was then tacitly renewed and is still in force.

                     (2)

                     The last Protocol to the Agreement expired on 30 June 2018.

                     (3)

                     The Commission has negotiated, on behalf of the Union, a new Protocol implementing the Agreement (the ‘Protocol’). The Protocol was initialled on 16 March 2018.

                     (4)

                     The objective of the Protocol is to enable the Union and the Republic of Côte d'Ivoire (‘Côte d'Ivoire’) to work more closely on promoting a sustainable fisheries policy, sound exploitation of fishery resources in Ivorian waters, and Côte d'Ivoire's efforts to develop a blue economy.

                     (5)

                     The Protocol should be signed.

                     (6)

                     In order to ensure an expeditious start to fishing activities of Union vessels, the Protocol should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force,

               HAS ADOPTED THIS DECISION:

            Article 1
            The signing on behalf of the Union of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d'Ivoire is hereby authorised, subject to the conclusion of the said 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.

            Article 3
            In accordance with Article 13 of the Protocol, the Protocol shall be applied on a provisional basis as from the signature thereof, pending the completion of the procedures necessary for its entry into force.

            Article 4
            This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

            Done at Brussels, 26 July 2018.

                  For the Council

                  The President

               G. BLÜMEL

            (1)  Council Regulation (EC) No 242/2008 of 17 March 2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Côte d'Ivoire (OJ L 75, 18.3.2008, p. 51).

            (2)  OJ L 48, 22.2.2008, p. 41.


title: Council Decision (CFSP) 2018/1082 of 30 July 2018 amending Decision (CFSP) 2016/610 on a European Union military training mission in the Central African Republic

text:
                  31.7.2018

                  EN

                  Official Journal of the European Union

                  L 194/140

         COUNCIL DECISION (CFSP) 2018/1082
         of 30 July 2018
         amending Decision (CFSP) 2016/610 on a European Union military training mission in the Central African Republic
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on European Union and in particular 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 19 April 2016, the Council adopted Decision (CFSP) 2016/610 (1) which established a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) with a mandate and a reference amount until 24 months after the Mission reached Full Operational Capability, i.e. until 19 September 2018.

                     (2)

                     Following the Strategic Review of the Mission, the Political and Security Committee recommended that the mandate of EUTM RCA be amended and extended until 19 September 2020.

                     (3)

                     Council Decision (CFSP) 2016/610 should be amended accordingly.

                     (4)

                     In accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, is neither bound by it nor subject to its application and does not participate in the financing of this mission,

               HAS ADOPTED THIS DECISION:

            Article 1
            Decision (CFSP) 2016/610 shall be amended as follows:

                        (a)

                        In Article 1(2), point (a) is replaced by the following:

                                    ‘(a)

                                    strategic advice to the President's cabinet, the Ministry of Defence, the Military Staff and the Armed Forces and advice on civil-military cooperation including to the Ministry of the Interior and the Gendarmerie;’;

                        (b)

                        In Article 10, paragraph 2 is replaced by the following:

                           ‘2.   The financial reference amount for the common costs of EUTM RCA for the period until 19 September 2018 shall be EUR 18 180 000. The percentage of this reference amount referred to in Article 25(1) of Decision (CFSP) 2015/528 shall be 15 % and the percentage referred to in Article 34(3) of that Decision shall be 60 % for commitment and 15 % of payment.

                           3.   The financial reference amount for the common costs of EUTM RCA for the period from 20 September 2018 until 19 September 2020 shall be EUR 25 439 596. The percentage of this reference amount referred to in Article 25(1) of Decision (CFSP) 2015/528 shall be 0 % and the percentage referred to in Article 34(3) of that Decision shall be 30 % for commitment and 0 % of payment.’;

                        (c)

                        In Article 13, paragraph 2 is replaced by the following:

                           ‘2.   EUTM RCA shall end on 19 September 2020.’.

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

            Done at Brussels, 30 July 2018.

                  For the Council

                  The President

               G. BLÜMEL

            (1)  OJ L 104, 20.4.2016, p. 21.


title: Council Decision (CFSP) 2018/1083 of 30 July 2018 amending Joint Action 2008/851/CFSP 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

text:
                  31.7.2018

                  EN

                  Official Journal of the European Union

                  L 194/142

         COUNCIL DECISION (CFSP) 2018/1083
         of 30 July 2018
         amending Joint Action 2008/851/CFSP 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
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on European Union, and in particular 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 10 November 2008, the Council adopted Joint Action 2008/851/CFSP (1) establishing the EU military operation Atalanta (‘Atalanta’).

                     (2)

                     On 28 November 2016, Council Decision (CFSP) 2016/2082 (2) amended Joint Action 2008/851/CFSP and extended Atalanta until 31 December 2018.

                     (3)

                     The strategic review of Atalanta in 2018 led to the conclusion that the operation's mandate should be extended to 31 December 2020.

                     (4)

                     On 29 March 2017, the United Kingdom of Great Britain and Northern Ireland notified the European Council, in accordance with Article 50(2) of the Treaty, of its intention to withdraw from the European Union.

                     (5)

                     Having regard to Article 50(3) of the Treaty, a new EU Operation Commander should be appointed and a new EU Operation Headquarters, including the Maritime Security Centre Horn of Africa (MSCHOA), should be designated, as of 29 March 2019 at 12.00 hours CET.

                     (6)

                     On 19 June 2018, the Political and Security Committee agreed to the offer by Spain and France regarding the transfer of Atalanta's command and control structures.

                     (7)

                     The Member States making the new command structures available should benefit from the funding of common costs under Council Decision (CFSP) 2015/528 (3) establishing a mechanism to administer the financing of the common costs of Union operations that have military or defence implications.

                     (8)

                     Joint Action 2008/851/CFSP should be amended accordingly.

                     (9)

                     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 implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision and does not participate in the financing of the operation,

               HAS ADOPTED THIS DECISION:

            Article 1
            Joint Action 2008/851/CFSP is hereby amended as follows:

                        (1)

                        Article 3 is replaced by the following:

                           ‘Article 3
                           Appointment of the EU Operation Commander
                           Vice Admiral Antonio MARTORELL LACAVE is hereby appointed to succeed Major General Charlie STICKLAND OBE RM as the EU Operation Commander from 29 March 2019 at 12.00 hours CET.’.

                        (2)

                        Article 4 is replaced by the following:

                           ‘Article 4
                           Designation of the EU Operation Headquarters

                              1.   The EU Operation Headquarters shall be located at Northwood, United Kingdom, until 29 March 2019 at 12.00 hours CET.

                              2.   As from 29 March 2019 at 12.00 hours CET, the EU Operation Headquarters shall be located at Rota, Spain, with the exception of the Maritime Security Centre Horn of Africa (MSCHOA), which shall be located at Brest, France.’.

                        (3)

                        In Article 14, the following paragraph is added:

                           ‘6.   The financial reference amount for the common costs of the EU military operation for the period from 1 January 2019 until 31 December 2020 shall be EUR 11 777 000. The percentage of the reference amount referred to in Article 25(1) of Decision (CFSP) 2015/528 shall be 0 %.’.

                        (4)

                        The following article is inserted:

                           ‘Article 14 a
                           Transitory financial arrangements

                              1.   From 1 September 2018, expenditure incurred by the EU Operation Commander appointed in Article 3 and the EU Operation Headquarters designated in Article 4(2) shall be financed in accordance with Decision (CFSP) 2015/528.

                              2.   The Council hereby authorises Spain and France to pre-finance common costs incurred pursuant to paragraph 1 and to seek reimbursement thereof in accordance with Article 27 of Council Decision (CFSP) 2015/528.’.

                        (5)

                        In Article 16, paragraph 3 is replaced by the following:

                           ‘3.   The EU operation shall terminate on 31 December 2020.’.

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

            Done at Brussels, 30 July 2018.

                  For the Council

                  The President

               G. BLÜMEL

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

            (2)  Council Decision (CFSP) 2016/2082 of 28 November 2016 amending Joint Action 2008/851/CFSP 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 (OJ L 321, 29.11.2016, p. 53).

            (3)  Council Decision (CFSP) 2015/528 of 27 March 2015 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP (OJ L 84, 28.3.2015, p. 39).