title: 2009/211/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the European Agency for Reconstruction for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/150

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the budget of the European Agency for Reconstruction for the financial year 2006
   (2009/211/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for Reconstruction for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Agency for Reconstruction for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2667/2000 of 5 December 2000 on the European Agency for Reconstruction (4), and in particular Article 8 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Foreign Affairs (A6-0112/2008),

               1.

               Grants the Director of the European Agency for Reconstruction discharge in respect of the implementation of the Agency's budget for the financial year 2006;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Director of the European Agency for Reconstruction, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 13.

      (2)  OJ C 309, 19.12.2007, p. 40.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 306, 7.12.2000, p. 7.

      (5)  OJ L 357, 31.12.2002, p. 72.
    ---documentbreak---

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/151

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Agency for Reconstruction for the financial year 2006
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for Reconstruction for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Agency for Reconstruction for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2667/2000 of 5 December 2000 on the European Agency for Reconstruction (4), and in particular Article 8 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Foreign Affairs (A6-0112/2008),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurance that the annual accounts for the financial year 2006 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 24 April 2007 Parliament granted the Director of the European Agency for Reconstruction discharge in respect of the implementation of the Agency's budget for the financial year 2005 (6), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           welcomed the measures taken by the Agency to improve contract award procedures following the Court of Auditors' observations in its 2003 and 2004 annual reports, which resulted in increased transparency in various areas,

                           —

                           noted that in its 2004 report the Court of Auditors had detected in a review of operations entrusted to the United Nations Interim Administration Mission in Kosovo (UNMIK) an absence of adequate financial control when making payments and serious difficulties in closing operations, mainly due to an absence of adequate accounts for projects and of sufficient justification for expenditure;

   General points which relate to horizontal issues affecting the EU agencies and which therefore also have a bearing on the discharge procedure for each individual agency

               1.

               Notes that the budgets of the 24 agencies and other satellite bodies audited by the Court of Auditors totalled EUR 1 080,5 million in 2006 (the biggest being that of the European Agency for Reconstruction at EUR 271 million and the smallest being that of the European Police College (CEPOL) at EUR 5 million);

               2.

               Points out that the range of external EU bodies subject to audit and discharge now includes not only traditional regulatory agencies but also executive agencies set up to implement specific programmes, and will in the near future also extend to joint undertakings set up as public-private partnerships (joint technology initiatives);

               3.

               Observes as regards the Parliament that the number of agencies subject to the discharge procedure has evolved as follows: financial year 2000: 8; 2001: 10; 2002: 11; 2003: 14; 2004: 14; 2005: 16; 2006: 20 regulatory agencies and two executive agencies (not including two agencies which are audited by the Court of Auditors but subject to an internal discharge process);

               4.

               Concludes therefore that the auditing/discharge process has become cumbersome and disproportionate compared to the relative size of the agencies'/satellite bodies' budgets; instructs its competent committee to undertake a wide-ranging review of the discharge process as regards agencies and satellite bodies with a view to devising a simpler and more rational approach, bearing in mind the ever-growing number of bodies each requiring a separate discharge report in future years;

         Fundamental considerations

               5.

               Requests that the Commission provide clear explanations regarding the following elements before the creation of a new agency or reform of an existing agency: agency type, objectives of the agency, internal governance structure, products, services, key procedures, target group, clients and stakeholders of the agency, formal relationship with external actors, budget responsibility, financial planning, and personnel and staffing policy;

               6.

               Requests that each agency be governed by a yearly performance agreement which is formulated by the agency and the responsible DG and which should contain the main objectives for the coming year, a financial framework and clear indicators to measure performance;

               7.

               Requests that the performance of the agencies be regularly (and on an ad-hoc basis) audited by the Court of Auditors or another independent auditor; considers that this should not be limited to traditional elements of financial management and the proper use of public money, but should also cover administrative efficiency and effectiveness and should include a rating of the financial management of each agency;

               8.

               Takes the view that in the case of agencies which are continually overestimating their respective budget needs, technical abatement should be made on the basis of vacant posts; is of the opinion that this will lead in the long run to less assigned revenue for the agencies and therefore also to lower administrative costs;

               9.

               Notes that it is a serious problem that a number of agencies is criticised for not following rules on public procurement, the Financial Regulation, the Staff Regulations, etc.; considers that the principal reason for this is that most regulations and the Financial Regulation are designed for bigger institutions and that most of the small agencies do not have the critical mass to be able to cope with these regulatory requirements; therefore asks the Commission to look for a rapid solution in order to enhance the effectiveness by grouping the administrative functions of various agencies together, in order to achieve this critical mass (taking into consideration the necessary changes in the basic regulations governing the agencies and their budgetary independence), or urgently to draft specific rules for the agencies (in particular implementing rules for the agencies) which allow them to be in full compliance;

               10.

               Insists that the Commission, when drafting the Preliminary Draft Budget, take into consideration the results of budget implementation by the individual agencies in former years, in particular in year n-1, and revise the budget requested by the particular agency accordingly; invites its competent committee to respect this revision and, if not undertaken by the Commission, to revise itself the budget in question to a realistic level matching the absorption and implementation capacity of the agency in question;

               11.

               Recalls its decision on discharge in respect of the financial year 2005, in which it invited the Commission to present every five years a study on the added value of every existing agency; invites all relevant institutions in the case of a negative evaluation of the added value of an agency to take the necessary steps by reformulating the mandate of that agency or by closing it; notes that there has not been one single evaluation undertaken by the Commission in 2007; insists that the Commission should present at least five such evaluations before the decision on discharge in respect of the financial year 2007, starting with the oldest agencies;

               12.

               Is of the opinion that recommendations of the Court of Auditors should be promptly implemented and the level of subsidies paid to the agencies should be aligned with their real cash requirements; considers further that the amendments to the general Financial Regulation should be incorporated into the agencies' framework financial regulation and into their various specific financial regulations;

               13.

               Is concerned that a significant number of staff is employed on a temporary basis in a way that could undermine the quality of their work; therefore asks the Commission to improve its monitoring of the implementation of the Staff Regulations by the agencies;

         Presentation of reporting data

               14.

               Notes that there is no standard approach among the agencies with regard to the presentation of their activities during the financial year in question and of their accounts and reports on budgetary and financial management, nor to the question as to whether a declaration of assurance should be drawn up by the agency's director; observes that not all agencies clearly distinguish between (a) presenting the agency's work to the public; and (b) technical reporting on budgetary and financial management;

               15.

               Notes that while the Commission's standing instructions for the preparation of activity reports do not expressly require the agency to draw up a declaration of assurance, many directors have none the less done so for 2006, in one case including an important reservation;

               16.

               Recalls paragraph 41 of its resolution of 12 April 2005 (7), inviting the directors of the agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

               17.

               Asks the Commission to amend its standing instructions to the agencies accordingly;

               18.

               Suggests in addition that the Commission should work with the agencies towards producing a harmonised model applicable to all agencies and satellite bodies clearly distinguishing between:

                           —

                           an annual report intended for a general readership on the body's operations, work and achievements,

                           —

                           financial statements and a report on implementation of the budget,

                           —

                           an activity report along the lines of the activity reports of the Directors-General of the Commission,

                           —

                           a declaration of assurance signed by the body's director, together with any reservations or observations which he considers it appropriate to draw to the attention of the discharge authority;

         General findings by the Court of Auditors

               19.

               Notes the Court's finding (Annual Report, paragraph 10.29 (8)) that the disbursement of subsidies paid by the Commission from the Community budget is not based on sufficiently justified estimates of the agencies' cash requirements and that this, combined with the size of carry-overs, leads them to hold sizeable cash balances; notes further the Court's recommendation that the level of subsidies paid to the agencies should be in line with their real cash requirements;

               20.

               Notes that at the end of 2006 14 agencies had still to implement the ABAC accounting system (Annual Report, footnote to paragraph 10.31);

               21.

               Notes the Court's remark (Annual Report, paragraph 1.25) concerning accrued charges for untaken leave which are accounted for by some agencies; points out that the Court of Auditors has qualified its statement of assurance in the case of three agencies (European Centre for the Development of Vocational Training (Cedefop), CEPOL and the European Railway Agency) for the financial year 2006 (2005: Cedefop, European Food Safety Authority, European Agency for Reconstruction);

         Internal audit

               22.

               Recalls that in accordance with Article 185(3) of the Financial Regulation the Internal Auditor of the Commission is also the internal auditor of the regulatory agencies receiving grants charged to the EU budget; points out that the Internal Auditor reports to each agency's management board and director;

               23.

               Draws attention to the reservation entered in the Internal Auditor's Annual Activity Report for 2006 as follows:
               ‘The Internal Auditor of the Commission is not in a position to properly fulfil his obligation assigned by Article 185 of the Financial Regulation as internal auditor of the Community bodies due to a lack of staff resources.’;

               24.

               Notes, however, the Internal Auditor's remark in his activity report for 2006 that as from 2007, with the additional staff resources granted by the Commission to the Internal Audit Service (IAS), all regulatory agencies in operation will be subject to internal audit work on an annual basis;

               25.

               Notes the ever-growing number of regulatory and executive agencies and joint undertakings required to be audited by the IAS under Article 185 Financial Regulation; asks the Commission to inform its competent committee as to whether the staff resources at the IAS's disposal will be sufficient to conduct an annual audit of all such bodies in the coming years;

               26.

               Observes that Article 72(5) of Regulation (EC, Euratom) No 2343/2002 requires each agency to send each year to the discharge authority and the Commission a report drawn up by its director summarising the number and type of internal audits conducted by the internal auditor, the recommendations made and the action taken on these recommendations; asks the agencies to indicate whether this is done and, if so, how;

               27.

               Takes note, as regards internal audit capability, especially in relation to the smaller agencies, of a proposal made by the Internal Auditor before Parliament's competent committee on 14 September 2006 that smaller agencies should be authorised to buy in internal audit services from the private sector;

         Evaluation of agencies

               28.

               Recalls the joint statement by the Parliament, the Council and the Commission (9) negotiated at the conciliation before the Ecofin budget Council of 13 July 2007 calling for (i) a list of agencies which the Commission intends to assess; and (ii) a list of the agencies already assessed, together with a summary of the major findings;

         Disciplinary procedures

               29.

               Notes that, because of their size, individual agencies have difficulty in setting up ad-hoc disciplinary boards composed of staff at the appropriate career grade and that the Commission's IDOC (Investigation and Disciplinary Office) is not competent for agencies; calls on the agencies to consider an inter-agency disciplinary board;

         Draft Interinstitutional Agreement

               30.

               Recalls the draft Interinstitutional Agreement on the operating framework for the European regulatory agencies presented by the Commission (COM(2005) 59), which was intended to create a horizontal framework for the creation, structure, operation, evaluation and control of the European regulatory agencies; notes that the draft represents a useful initiative in the effort to rationalise the creation and running of agencies; notes the statement in the Commission's 2006 synthesis report (paragraph 3.1, COM(2007) 274) that although progress in negotiations stalled after publication of the draft, discussions on substance were relaunched in the Council at the end of 2006; regrets that it has not been possible to make further progress towards adoption;

               31.

               Welcomes therefore the Commission's commitment to bring forward a communication on the future of the regulatory agencies during the course of 2008;

         Self-financed agencies

               32.

               Recalls that for the two self-financing agencies, discharge is given to the director by the administrative board; notes that both have significant accumulated surpluses from fee income carried over from previous years figures, as follows:

                           —

                           Office for Harmonization of the Internal Market cash and cash equivalents: EUR 281 million (10),

                           —

                           Community Plant Variety Office cash and cash equivalents: EUR 18 million (11);

         Specific points

               33.

               Welcomes the excellent contribution made by the Agency to developing and consolidating stability in the region through its various programmes and its sound management of the CARDS programme;

               34.

               Believes that the work of the Agency has contributed remarkably to the development of the region and that its mandate has been satisfactorily fulfilled; notes the decision to wind down the Agency by 2008 in order to entrust the management of assistance to Serbia, Kosovo, Montenegro and the former Yugoslav Republic of Macedonia to the Commission delegations in those countries; insists that accumulated know-how and expertise be transferred to the relevant Commission delegations, including by means of the redeployment of Agency staff to manage the relevant programmes in those delegations;

               35.

               In this context, reiterates its request to be kept regularly informed by the Commission about the transfer of activities from the Agency to delegations;

               36.

               Congratulates the Director and his staff for the work done in a very difficult environment, which has considerably improved the image of the EU and its visibility;

               37.

               Considers that the Agency has not only the systems (logistics, IT systems, and others) to implement swiftly large amounts of support in post-conflict areas, but that it has especially also proven high levels of expertise and know-how in post-war reconstruction;

               38.

               Is convinced that, at the point where the Commission takes over the management of the new Instrument for Pre-Accession Assistance in view of the acquis-related tasks related to the Balkans, it should finally present to the Council a new mandate for the Agency, which should, as decided, finish its work in the Balkans by the end of 2008 and be converted into a truly European agency for external actions;

               39.

               Considers that a new mandate for this successful agency would be the most efficient way of carrying out the new tasks in external actions, which cannot be carried out by Commission services in Brussels or by Commission delegations;

               40.

               Considers that, with this new mandate, the Agency could play a most efficient role in areas where traditional development assistance cannot be implemented; considers also that this would significantly increase the EU's visibility;

               41.

               Notes the Court of Auditors' observation in relation to the 2006 financial year that while the rate of implementation of the budget was satisfactory, the Agency's attention must however be drawn to the level of appropriations yet to be committed, which will require particular monitoring of its programmes given that its mandate expires at the end of 2008;

               42.

               Notes further the Court's finding that the accounting system and the internal control system had improved in comparison with preceding years, in particular regarding the monitoring of the funds managed by external bodies and the implementation of procurement procedures;

               43.

               Recalls that the Agency has by far the largest budget (2006: EUR 271 million) of the agencies subject to the discharge procedure;

               44.

               Notes however from the Agency's accounts that the total of appropriations carried over to 2007 was EUR 678 million;

               45.

               Invites the Commission to inform Parliament's competent committee how the balance of appropriations remaining at the end of the Agency's mandate will be dealt with;

               46.

               Notes that the Agency's Director signed a declaration of assurance without reservations on 30 May 2007;

               47.

               Notes that at the end of 2004 the IAS conducted a compliance audit on the efficiency and effectiveness of the Agency's five locations and that a series of actions was undertaken during 2006 by the Agency's management to address the IAS's concerns;

               48.

               Calls on the Commission to revise the mandate of the Agency, which runs out in 2008, and to transform the Agency into an agency responsible for implementing certain EU measures in the external policy sphere, primarily in regions which are recovering from crises.

      (1)  OJ C 261, 31.10.2007, p. 13.

      (2)  OJ C 309, 19.12.2007, p. 40.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 306, 7.12.2000, p. 7.

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

      (6)  OJ L 187, 15.7.2008, p. 182.

      (7)  Resolution of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the European Agency for Reconstruction in respect of the implementation of its budget for the financial year 2003 (OJ L 196, 27.7.2005, p. 61).

      (8)  OJ C 273, 15.11.2007, p. 1.

      (9)  Council document DS 605/1/07 Rev1.

      (10)  Source: report on the annual accounts of the Office for Harmonization in the Internal Market for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 141).

      (11)  Source: report on the annual accounts of the Community Plant Variety Office for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 135).


title: 86/422/EEC: Council Decision of 8 April 1986 concerning the conclusion of the Agreement between the European Economic Community and the Kingdom of Thailand on trade in textile products

text:
29 . 8 . 86                           Official Journal of the European Communities                                        No L 245 / 289
                                                   COUNCIL DECISION
                                                      of 8 April 1986
               concerning the conclusion of the Agreement between the European Economic Community and
                                  the Kingdom of Thailand on trade in textile products
                                                      ( 86 / 422 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           textile products is hereby approved on behalf of the
                                                                    Community .
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
                                                                    The text of the Agreement is attached to this Decision .
thereof,
Having regard    to   the   recommendation      from    the
Commission ,                                                                                Article 2
Whereas the Agreement on trade in textile products
negotiated between the European Economic Community                  The President of the Council shall give the notification
and the Kingdom of Thailand should be approved ,                    provided for in Article 19 of the Agreement ( 1 ).
HAS DECIDED AS FOLLOWS :
                                                                    Done at Luxembourg , 8 April 1986 .
                        Article 1                                                                               For the Council
                                                                                The President
The Agreement between the European Economic
Community and the Kingdom of Thailand on trade in                                                          G. M. V. van AARDENNE
                                                                    ( 1 ) The date of entry into force of the Agreement will be published in
                                                                          the Official Journal of the European Communities by the
                                                                          General Secretariat of the Council .


Avis juridique important

|

32003D0913(01)

Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (Text with EEA relevance)

Official Journal C 218 , 13/09/2003 P. 0001 - 0004

Council Decisionof 22 July 2003setting up an Advisory Committee on Safety and Health at Work(2003/C 218/01)(Text with EEA relevance)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 202 thereof,Having regard to the Commission's proposal, presented after consultation of the Advisory Committee for Safety, Hygiene and Health Protection at Work,Whereas:(1) Protection against occupational accidents and diseases is amongst the objectives of the Treaty.(2) The profound transformation in production methods in all sectors of the economy and the spread of dangerous techniques and materials have created new problems for the safety and health of workers at their place of work.(3) A standing body should be envisaged to assist the Commission in the preparation and implementation of activities in the fields of safety and health at work and to facilitate cooperation between national administrations, trade unions and employers' organisations.(4) A Mines Safety Commission was set up by decisions taken by the Representatives of the Governments of the Member States meeting within the Special Council of Ministers at the 36th and 42nd Council sessions of 6 September 1956 and 9 and 10 May 1957, the remit of which was established by the Decision of the Representatives of the Governments of the Member States meeting within the Special Council of Ministers of 9 July 1957 concerning the terms of reference and the rules of procedure of the Mines Safety Commission(1), and the responsibilities of which were extended by Council Decision 74/326/EEC of 27 June 1974(2).(5) Moreover, Council Decision 74/325/EEC of 27 June 1974 on the setting up of an Advisory Committee on Safety, Hygiene and Health Protection at Work(3) also set up a standing body for all economic activities, except for the extractive industries and the protection of the health of workers against the dangers arising from ionising radiation.(6) The radical changes which have taken place over the past few years in working life and in the European project, specifically as a result of incorporating a social protocol in the Treaty of Amsterdam, and the new prospects opened up by the current enlargement process require a critical and constructive re-examination of the consultation process and the bodies set up for this purpose in the Community.(7) In its Communication on a Community programme in the field of safety, hygiene and health protection at work (1996-2000), the Commission stressed the need to streamline the operation of the two advisory committees - the Advisory Committee for Safety, Hygiene and Health Protection at Work and the Safety and Health Commission for the Mining and Other Extractive Industries - by merging them, reducing the number of members and giving them a single secretariat.(8) The communication from the Commission on "Adapting to change in work and society: a new Community strategy on safety and health 2002-2006" also notes that effective implementation of Community law requires close cooperation between the Commission and the Member States' administrations and that this cooperation would be better and simpler if the two advisory committees were to be merged into a single Advisory Committee.(9) The structure of the Advisory Committee on Safety, Hygiene and Health Protection at Work should be retained with changes made to streamline its operation and with a clear statement of the horizontal nature of its competences to cover all public and private sectors of activity in accordance with the scope of Community legislation on health and safety at work. The knowledge and experience acquired by the Safety and Health Commission for the Mining and Other Extractive Industries should also be safeguarded by setting up standing working parties for specific sectors within this Advisory Committee.(10) This reform should be incorporated in a new decision setting up an Advisory Committee for Safety and Health at Work as a single advisory body, and repealing Decision 74/325/EEC.(11) The Decisions setting up the Mines Safety Commission, the Decision concerning the terms of reference and rules of procedure of the Mines Safety Commission and the Decision 74/326/EEC should also be repealed,HAS DECIDED AS FOLLOWS:Article 1An Advisory Committee for Safety and Health at Work (hereinafter called the "Committee") is hereby set up.Article 21. The Committee shall have the task of assisting the Commission in the preparation, implementation and evaluation of activities in the fields of safety and health at work.This task shall cover the public and the private sectors of the economy.2. Specifically, the Committee shall:(a) conduct, on the basis of the information available to it, exchanges of views and experience regarding existing or planned regulations;(b) help to devise a common approach to problems in the fields of safety and health at work and identify Community priorities as well as the measures necessary for implementing them;(c) draw the Commission's attention to areas in which there is an apparent need for new knowledge and for suitable training and research measures;(d) define, within the framework of Community action programmes:- the criteria and aims for preventing accidents at work and health hazards within the undertaking;- methods enabling undertakings and their employees to evaluate and to improve the level of protection;(e) contribute, alongside the European Agency for Safety and Health at Work, to keeping national administrations, trades unions and employers' organisations informed of Community measures in order to facilitate cooperation and to encourage any initiatives on their part to exchange experience and establish codes of practice;(f) give an opinion on plans for Community initiatives which affect safety and health at work;(g) give an opinion on the annual programme and the rotating four-year programme of the European Agency for Safety and Health at Work.3. In order to accomplish the above tasks, the Committee shall cooperate with the other Committees which are competent for safety and health at work, inter alia with the Senior Labour Inspectors Committee and the Scientific Committee for Occupational Exposure Limits to Chemical Agents, mainly by exchanging information.Article 31. The Committee shall consist of three full members for each Member State, there being one representative for each of the national governments, trade unions and employers' organisations.2. Two alternate members may be appointed for each full member.Without prejudice to Article 6(3), an alternate member shall attend Committee meetings only when the member for whom he deputises is unable to be present.3. Full and alternate members shall be appointed by the Council. When submitting the list of candidates to the Council, Member States shall endeavour to ensure that the composition of the Committee fairly reflects the various economic sectors concerned and the proportion of men and women in the working population.4. The list of the full and alternate members shall be published by the Council in the Official Journal of the European Union for information purposes.Article 41. The term of office of full and alternate members shall be three years. Their term shall be renewable.2. On expiry of their term of office, the full and alternate members shall remain in office until they are replaced or their terms are renewed.3. A member's term of office shall end before the expiry of the three-year period with his resignation or following a communication from the Member State concerned indicating that the term of office is terminated.For the remainder of the term of office, the member shall be replaced in accordance with the procedure laid down in Article 3.Article 51. Within the Committee, there shall be three interest groups, made up of representatives of national governments, trade unions and employers' organisations respectively.2. Each interest group shall select one of its members to be its spokesperson.3. Each interest group shall designate a coordinator who will take part in meetings of the Committee, the Bureau and the interest group.4. A Bureau shall be formed to organise the Committee's activities, made up of two representatives of the Commission and the spokespersons and coordinators designated by the interest groups.Article 61. The Committee shall be chaired by the Director-General in charge of social policy at the Commission or, where he/she is prevented from so doing and as an exception, by one of the Directorate-General's directors to be nominated by him/her. The Chair shall not vote.2. The Committee shall meet when convened by the Chair, either at the latter's initiative or at the request of at least one-third of its members.3. The Chair may, on his/her own initiative, invite up to two experts to participate in Committee meetings.Each interest group may be accompanied by up to two experts, provided that it so informs the Chair at least three days before the Committee meeting.4. The Committee may establish working parties to be chaired by a Committee member or an alternate member. Each working party shall be made up of four experts for each interest group.A standing working party made up of 5 experts for each interest group shall be set up within the Committee to deal on a regular basis with questions relating to the mining and extractive industries.The Chairs of these working parties shall submit the results of their proceedings in the form of a report at a meeting of the Committee.5. Representatives of any Commission department concerned shall participate in meetings of the Committee and the working parties. Secretarial services shall be provided by the Commission.6. The following may attend meetings of the Committee as observers:- the Director of the European Agency for Safety and Health at Work;- the Director of the European Foundation for the Improvement of Living and Working Conditions;- a representative for each interest group of the Member States of the European Economic Area.7. The Chair may, on the basis of the Bureau's reasoned opinion, authorise other observers to attend meetings of the Committee.Article 71. An opinion delivered by the Committee shall not be valid unless two-thirds of its members are present. Only members may vote.2. An opinion delivered by the Committee shall state the reasons on which it is based; it shall be delivered by an absolute majority of the votes validly cast. It shall be accompanied by a written statement of the views expressed by the minority, if the latter so requests.3. The Committee shall devise fast-track decision-making procedures to which the conditions of (1) and (2) shall apply mutatis mutandis.Article 8The Committee shall, having received an opinion from the Commission, adopt its rules of procedure which shall lay down the practical arrangements for its activities and, in particular, those for fast-track decision-making and cooperation with the other Committees which are competent for Safety and Health at Work, inter alia with the Senior Labour Inspectors Committee and the Scientific Committee for Occupational Exposure Limits to Chemical Agents. The rules of procedure shall be transmitted for information purposes to the European Parliament and Council; the latter shall also have the right of call-back.Article 9Without prejudice to Article 287 of the Treaty, Committee members shall be required not to disclose information to which they have gained access through Committee or working party proceedings, if the Commission informs them that the opinion requested or the question raised is of a confidential nature. In such cases, only Committee members and representatives of the Commission shall attend the meetings concerned.Article 10The Decisions setting up the Mines Safety Commission taken at the 36th and 42nd Council sessions of 6 September 1956 and 9 and 10 May 1957, the Decision of the Representatives of the Governments of the Member States meeting within the Special Council of Ministers of 9 July 1957 concerning the terms of reference and rules of procedure of the Mines Safety Commission and Council Decisions 74/325/EEC and 74/326/EEC are hereby repealed.Article 11This Decision shall enter into force on 1 January 2004.Done at Brussels, 22 July 2003.For the CouncilThe PresidentG. Alemanno(1) OJ 57, 31.8.1957, p. 487. Decision as last amended by the 1994 Act of Accession.(2) OJ L 185, 9.7.1974, p. 18. Decision as last amended by the 1994 Act of Accession.(3) OJ L 185, 9.7.1974, p. 15. Decision as last amended by the 1994 Act of Accession.


Avis juridique important

|

31996D0626

96/626/EC: Council Decision of 7 October 1996 on the conclusion of the Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East

Official Journal L 282 , 01/11/1996 P. 0068 - 0068

COUNCIL DECISION of 7 October 1996 on the conclusion of the Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East (96/626/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130y in conjunction with Article 228 (3) first subparagraph thereof,Having regard to the proposal from the Commission,Having regard to the Opinion of the European Parliament (1),Whereas the Convention concluded with the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East, approved on 16 December 1993 (2), expired on 31 December 1995;Whereas the Community assistance to UNRWA forms part of the campaign against poverty in the developing countries and thereby contributes to the sustainable economic and social development of the population concerned and the host countries in which that population lives;Whereas a new Convention should be concluded with UNRWA so that the Community's aid can continue to be provided as part of a comprehensive programme offering a measure of continuity;Whereas continued support of UNRWA operations would be likely to contribute to the attainment of the Community objectives described above,HAS DECIDED AS FOLLOWS:Article 1 The Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East is hereby approved on behalf of the Community.The text of the Convention is attached to this Decision.Article 2 The execution of the Community programme of food aid to UNRWA shall be governed by the procedure defined in Regulation (EEC) No 3972/86 (3) and as from 8 July 1996 by Regulation (EC) No 1292/96 (4) which repealed the aforesaid Regulation on that date.Article 3 The President of the Council is hereby authorized to designate the persons empowered to sign the Convention in order to bind the Community.Done at Luxembourg, 7 October 1996.For the CouncilThe PresidentP. RABBITTE(1) OJ No C 320, 28. 10. 1996.(2) OJ No L 9, 13. 1. 1994, p. 16.(3) OJ No L 370, 30. 12. 1986, p. 1.(4) OJ No L 166, 5. 7. 1996, p. 1.


title: Council Decision 2012/97/CFSP of 17 February 2012 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe

text:
               18.2.2012

               EN

               Official Journal of the European Union

               L 47/50

         COUNCIL DECISION 2012/97/CFSP
   of 17 February 2012
   amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 29 thereof,
   Whereas:

               (1)

               On 15 February 2011, the Council adopted Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (1).

               (2)

               On the basis of a review of Decision 2011/101/CFSP, the restrictive measures should be renewed until 20 February 2013.

               (3)

               However, there are no longer grounds for keeping certain persons and entities on the list of persons and entities to which the restrictive measures provided for in Decision 2011/101/CFSP apply.

               (4)

               In order to facilitate further the dialogue between the EU and the Government of Zimbabwe, the travel ban imposed on the two members of the re-engagement team of the Zimbabwe Government listed under Decision 2011/101/CFSP should be suspended.

               (5)

               The information relating to certain persons and entities included on the list in the Annex to Decision 2011/101/CFSP should be updated,

         HAS ADOPTED THIS DECISION:
   Article 1
   Council Decision 2011/101/CFSP is hereby amended as follows:

               (1)

               Article 10 is replaced by the following:
               ‘Article 10
               1.   This Decision shall enter into force on the date of its adoption.
               2.   This Decision shall apply until 20 February 2013.
               3.   The measures referred to in Article 4(1), in so far as they apply to persons listed in Annex II, shall be suspended until 20 February 2013.
               4.   This Decision shall be kept under constant review and shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’;

               (2)

               the Annex shall be replaced by the text set out in Annex I to this Decision and the term ‘Annex’ shall be replaced by ‘Annex I’ throughout Decision 2011/101/CFSP;

               (3)

               Annex II to this Decision shall be added as Annex II to Decision 2011/101/CFSP.

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

      Done at Brussels, 17 February 2012.

            For the Council

            The President

         M. SAREEN

      (1)  OJ L 42, 16.2.2011, p. 6.

      ANNEX I

            ‘ANNEX I

               LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLES 4 AND 5

            I.   Persons

                        Name (and any aliases)

                        Identifying information

                        Grounds for designation

                        1.

                        Mugabe, Robert Gabriel

                        President, born 21.2.1924;
                        Passport AD001095.

                        Head of Government and responsible for activities that seriously undermine democracy, respect for human rights and the rule of law.

                        2.

                        Abu Basutu, Titus Mehliswa Johna

                        Air Vice-Marshal, Matebeleland South. Born 2.6.1956.

                        Senior military officer, directly involved in the terror campaign waged before and during the elections in the Gwanda area. Deputy to Air Marshal Perence Shiri (100 on the list).

                        3.

                        Bonyongwe, Happyton Mabhuya

                        Director-General Central Intelligence Organisation, born 6.11.1960;
                        Passport AD002214;
                        ID 63-374707A13.

                        Senior security figure with a close association with the ZANU-PF (Zimbabwe African National Union – Patriotic Front) faction of the government and complicit in forming or directing repressive state policy. Accused of kidnapping, torturing and killing MDC activists in June 2008.

                        4.

                        Buka (a.k.a. Bhuka), Flora

                        President’s office (former Minister of State for Special Affairs responsible for Land and Resettlement Programmes, former Minister of State in the Vice-President’s office and former Minister of State for the Land Reform in the President’s Office), born 25.2.1968.

                        Minister of State in Vice-President Nkomo’s Office Responsible for organising violence in the Gokwe area and targeting the MDC leadership in 2008.

                        5.

                        Bvudzijena, Wayne

                        Assistant Police Commissioner, Police Spokesperson; born 24.4.1958.
                        ID 29-008792V71.

                        Senior member of police force. Police spokesperson. In 2008 blamed MDC for sheltering those responsible for electoral violence in the MDC’s provincial and national headquarters.

                        6.

                        Chapfika, David

                        Former Deputy Minister of Agriculture (former Deputy Minister of Finance), born 7.4.1957;
                        Passport ZL037165.
                        ID 63-052161G48.

                        National Chairman of the ZANU-PF fund-raising Committee, sponsored militias in 2008 by providing support to militia bases in the Hoyuyu area of Mutoko.

                        7.

                        Charamba, George

                        Permanent Secretary, Department for Information and Publicity, born 4.4.1963;
                        Passport AD002226;
                        Passport AD001255
                        ID 07-003617B07.

                        Senior civil servant closely associated with the ZANU-PF faction of the government.

                        8.

                        Chidarikire, Faber Edmund

                        Provincial Governor for Mashonaland West, former Mayor of Chinhoyi, born 6.6.1946;
                        ID 70-056539L70.

                        Former ZANU-PF mayor of Chinoyi and provincial governor associated with the ZANU-PF faction of the Government.

                        9.

                        Chigudu, Tinaye Elisha Nzirasha

                        Former Provincial Governor: Manicaland. Born 13.8.1942.
                        Passport AD000013.
                        ID 63-022247R42.

                        Former Permanent Secretary of the Ministry of Mines and Mines Development in Zimbabwe and former provincial governor of Manicaland. Associated with the ZANU-PF faction of the government. In June 2008 ordered repression of MDC supporters.

                        10.

                        Chigwedere, Aeneas Soko

                        Provincial Governor: Mashonaland East, former Minister, born 25.11.1939.
                        ID 25-15430J80.

                        Provincial Governor associated with the ZANU-PF faction of the government.

                        11.

                        Chihota, Phineas

                        Deputy Minister for Industry and International Trade. Born 23.11.1950.

                        ZANU-PF Member of Government. Threatened MDC supporters with death and associated with abduction and torture of people in June 2008.

                        12.

                        Chihuri, Augustine

                        Police Commissioner, born 10.3.1953.
                        Passport AD000206.
                        ID 68-034196M68.

                        Senior police officer and member of the Joint Operational Command, closely associated with the repressive policies of ZANU-PF. Publicly confessed to support ZANU-PF in contravention of the Police Act. In June 2009 ordered the police to drop all cases related to murders committed to the run-up to the June 2008 Presidential election.

                        13.

                        Chinamasa, Patrick Anthony

                        Minister of Justice, Legal and Parliamentary Affairs, born 25.1.1947.
                        ID 63-005591M42.

                        ZANU-PF Member of Government.

                        14.

                        Chindori-Chininga, Edward Takaruza

                        Former Minister of Mines and Mining Development, born 14.3.1955.
                        Passport AN388694.
                        ID 63-377216C71.

                        Former member of the Government with ongoing ties to the ZANU-PF faction of government as ZANU-PF Member of Parliament. Commander of the militia bases in Guruve in the run-up to the 2008 elections.

                        15.

                        Chinotimba, Joseph

                        Vice Chairman of the Zimbabwe National Liberation War Veterans Association, leader of ZANU-PF militia. Born 6.6.1957.
                        ID 63-312672W11.

                        During the 2008 elections Chinotimba led group who destroyed Admore Chibutu’s home. Together with army members and ZANU-PF supporters attacked Tongeyi Jeremiah’s home on May 2008.

                        16.

                        Chipanga, Tongesai Shadreck

                        Former Deputy Minister of Home Affairs, born 10.10.1940 alt. 10.10.1946.

                        Former member of the Government and former director of Zimbabwe’s secret police, associated with politically motivated murder.

                        17.

                        Chipwere, Augustine

                        Brigadier General, former Colonel, Bindura South.

                        Directly involved in the terror campaign before and during the 2008 elections. Responsible for political upheaval in Bindura. Senior military officer, promoted by the President in 2011.

                        18.

                        Chiwenga, Constantine

                        Commander Zimbabwe Defence Forces, General (former Army Commander, Lieutenant General), born 25.8.1956.
                        Passport AD000263.
                        ID 63-327568M80.

                        Member of Joint Operational Command and complicit in forming or directing repressive state policy. Used army for farm takeovers. During 2008 elections was a prime architect of the violence associated with the process of the Presidential run-off.

                        19.

                        Chombo, Ignatius Morgan Chiminya

                        Minister of Local Government, Urban and Rural Development, born 1.8.1952.
                        Passport AD000500.
                        ID 70-086938D70.

                        ZANU-PF Member of the Government and responsible for undermining MDC in local government by restricting funding and harassment.

                        20.

                        Dinha, Martin

                        Provincial Governor for Mashonaland Central.

                        Provincial governor associated with ZANU-PF faction of government. Involved in farm disruptions at Rockwood village concession 2009.

                        21.

                        Goche, Nicholas Tasunungurwa

                        Minister of Transport, Communications and Infrastructural Development (former Minister of State for National Security in the President’s Office), born 1.8.1946.
                        ID 63-355978S68.

                        ZANU-PF Member of the Government. In June 2008 forced all NGOs to cease their field work and food distribution. Responsible for militia base in Shamva and implicated in violence in that area.

                        22.

                        Gono, Gideon

                        Governor of the Reserve Bank of Zimbabwe (central bank), born 29.11.1959.
                        Passport AD000854.
                        ID 58-001824K07.

                        Ties to the ZANU-PF faction of the Government and complicit in forming or directing repressive state policy. Illegally channelled funds to ZANU-PF in 2008.

                        23.

                        Gurira, Cephas T.

                        Brigadier; former Colonel, Zimbabwe Defence Forces. Born 1.5.1963.
                        ID 29-061056D29.

                        Directly involved in the terror campaign waged before and during the 2008 elections. Responsible for inciting violence in Mhondoro.

                        24.

                        Gwekwerere, Stephen (alias Steven)

                        Colonel, Chinhoyi.

                        Directly involved in the terror campaign waged before and during the elections. Part of group that assaulted people in Chinoyi in 2008.

                        25.

                        Kachepa, Newton

                        Member of Parliament for Mudzi North. Born 10.2.1970.
                        ID 32-088209M48.

                        Member of Parliament, involved in the murder of Peter Tom Butao on 14 April 2008 and Kingswell Mateta in July 2008. He directed the torture of many MDC supporters in his constituency.

                        26.

                        Karakadzai, Mike Tichafa

                        Air Commodore, Harare Metropolitan Province. Born 7.3.1957.
                        ID 63-632526N13.

                        Directly involved in the terror campaign waged before and during the elections by leading the abductions and violence in Harare in 2008.

                        27.

                        Kasukuwere, Saviour

                        Deputy Minister for Youth Development Indigenisation and Empowerment and ZANU-PF Politburo Deputy-Secretary for Youth Affairs, born 23.10.1970.
                        ID 45-046113Q45.

                        ZANU-PF Member of the Government. Organised those involved in violent riots in Harare in February 2011.

                        28.

                        Kazangarare, Jawet

                        ZANU-PF Councillor in Hurungwe North and war veteran. Born 12.4.1957.
                        ID 38-102814B58.

                        Directly involved in the government-orchestrated terror campaign waged before and during the elections in 2008. Responsible for spearheading violent persecution of MDC supporters in Hurungwe, including rape, murder and destruction of homes and notably involved in murdering Tapiwa Mubwanda, MDC electoral agent in Hurungwe North in May 2008.

                        29.

                        Khumalo, Sibangumuzi

                        Brigadier General, Matebeleland North. Born 16.8.1954.
                        ID 08-448357W73.

                        Directly involved in the terror campaign waged before and during the elections. In February 2011, alleged to be part of strategy to unleash violence and terror by deploying senior officers to coordinate the campaign to retain Mugabe in power.

                        30.

                        Kunonga, Nolbert (a.k.a. Nobert)

                        Self-appointed Anglican Bishop.

                        Vociferous supporter of the regime. His followers were backed by the police in committing acts of violence against church supporters in 2011.

                        31.

                        Kwainona, Martin

                        Assistant Commissioner, born 19.1.1953;
                        Passport AD001073.
                        ID 63-293627V45.

                        Senior police officer, passed orders to local authorities to incite violence in Kanyuchi Village, Mount Darwin in April 2008.

                        32.

                        Kwenda, R.

                        Major, Zaka East.

                        Directly involved in the terror campaign waged before and during the elections. Leader of violence in Zaka in 2008.

                        33.

                        Langa, Andrew

                        Deputy Minister for Public Service (former Deputy Minister of Transport and Communications). Born 13.1.1965.
                        ID 21-017934E21.

                        ZANU-PF Member of the Government. In 2005 opened fire on 11 members of the MDC Youth Assembly. Intimidated voters on election day 2008.

                        34.

                        Mabunda, Musarashana

                        Assistant Police Commissioner. Born 11.11.1958.
                        ID 22-026198T13.

                        Member of the security forces and bearing wide responsibility for serious violations of the freedom of peaceful assembly. Directed 11 March 2007 beatings, torture and repression. In June 2008 threatened to kill Lovemore Madhuku.

                        35.

                        Machaya, Jason (a.k.a. Jaison) Max Kokerai

                        Provincial Governor: Midlands. Former Deputy Minister of Mines and Mining Development, born 13.6.1952.
                        ID 26-003018Z26.

                        Provincial Governor: Midlands. Associated with ZANU-PF faction of Government. Used influence to block investigation into politically motivated murder which his son allegedly committed.

                        36.

                        Made, Joseph Mtakwese

                        Minister of Agricultural Engineering and Mechanisation (former Minister of Agriculture and Rural Development), born 21.11.1954.
                        Passport AN000144.
                        ID 29-128547N42.

                        ZANU-PF Member of the Government.

                        37.

                        Madzongwe, Edna (a.k.a. Edina)

                        ZANU-PF President of Senate, born 11.7.1943.
                        ID 63-748119H32.

                        Member of the ZANU-PF politburo. Used influence to motivate political prosecutions in February 2008. Involved in violence in Chegutu including the takeover of the Stockade Citrus Estate in 2008, giving direct orders to those leading the repression.

                        38.

                        Mahofa, Shuvai Ben

                        Former Deputy Minister for Youth Development, Gender and Employment Creation, born 4.4.1941.
                        Passport AD000369.
                        ID 27-031942V27.

                        Sponsored those who established torture bases in Masvingo. Persons from these bases killed Mapurisa Zvidzai on 24 April 2008 and Tiziro Moyo on 11 June 2008.

                        39.

                        Maluleke, Titus

                        Provincial Governor: Masvingo (former Deputy Minister of Education, Sports and Culture).

                        Provincial Governor associated with ZANU-PF members of government. Championed land invasions in Masvingo in 2009.

                        40.

                        Mangwana, Paul Munyaradzi

                        Chair of the Constitutional Select Committee (COPAC) and former Minister of State for Indigenisation and Empowerment, born 10.8.1961.
                        Passport AD000459.
                        ID 22-017031E12.

                        ZANU-PF Member of the Government. Sponsored and directed activities of ZANU-PF terror gangs in Chivi Central in May/June 2008.

                        41.

                        Marumahoko, Reuben

                        Deputy Minister for Regional Integration and International Cooperation and former Deputy Minister for Foreign Affairs (former Deputy Minister for Home Affairs), born 4.4.1948.
                        ID 63-311317Y71.

                        ZANU-PF Member of the Government. Commander of ZANU-PF militia in Hurungwe. With a group of ZANU-PF supporters and war veterans he assaulted MDC supporters and destroyed several homes in Hurungwe district between April and July 2008.

                        42.

                        Mashava, G.

                        Colonel, Chiredzi Central.

                        Led politically motivated violence in Chirendzi in 2008.

                        43.

                        Masuku, Angeline

                        Provincial Governor: Matabeleland South and ZANU-PF Politburo, Secretary for Disabled and Disadvantaged, born 14.10.1936.
                        ID 08-266228E19.

                        Provincial Governor associated with ZANU-PF faction of government.

                        44.

                        Mathema, Cain Ginyilitshe Ndabazekhaya

                        Provincial Governor, Bulawayo. Born 28.1.1948.
                        ID 63-682168J73.

                        Provincial Governor associated with ZANU-PF faction of government.

                        45.

                        Mathuthu, Thokozile (alias Sithokozile)

                        Provincial Governor: Matabeleland North and ZANU-PF Politburo, Deputy Secretary for Transport and Social Welfare.

                        Provincial Governor associated with ZANU-PF faction of government. In June 2008 used position to incite hatred against MDC supporters.

                        46.

                        Matibiri, Innocent Tonderai

                        Deputy Police Commissioner. Born 9.10.1968.
                        ID 63-729730V70.

                        Senior member of the security forces, linked to the murder of a farm labourer.

                        47.

                        Matiza, Joel Biggie

                        Former Deputy Minister for Rural Housing and Social Amenities, born 17.8.1960.
                        Passport ZA557399.

                        Former ZANU-PF Member of the Government. Organised bases in Murehwa West and South, from where ZNAU-PF supporters which he supervised killed Edward Pfuka on 17 June 2008 and Moses Nyada on 19 June 2008.

                        48.

                        Matonga, Brighton (a.k.a. Bright)

                        Former Deputy Minister for Information and Publicity, born 1969.

                        Former ZANU-PF Member of the Government. Party spokesperson. Led a group of ZANU-PF supporters that murdered the wife of Dadidrayi Chipiro.

                        49.

                        Mhandu, Cairo (a.k.a. Kairo)

                        Major ZNA. Born 23.11.1960.
                        ID 63-371574V15.

                        Directly involved in the campaign of terror waged before and after the elections in 2008. Led group of supporters and war veterans who killed Gibbs Tawenga and Hama Ngowani on 30 June 2008.

                        50.

                        Mhonda, Fidellis

                        Colonel, Rushinga. Born 2.1.1958.
                        ID 75-139696G81.

                        Directly involved in the terror campaign waged before and during the 2008 elections. Led political violence in Rushinga.

                        51.

                        Midzi, Amos Bernard (Mugenva)

                        Former Minister of Mines and Mining Development (former Minister of Energy and Power Development), born 4.7.1952.

                        ZANU-PF party Chairman in Harare. Former member of the Government associated with ZANU-PF faction of government. Organised convoy of ZANU-PF supporters and soldiers who assaulted people and destroyed homes in June 2008. Linked with violence in Epworth, supporting militia bases in 2008 and again in 2011.

                        52.

                        Mnangagwa, Emmerson Dambudzo

                        Minister of Defence, born 15.9.1946.
                        Passport AD00060.
                        ID 63-450183P67.

                        ZANU-PF Member of Government and member of Joint Operation Command.

                        53.

                        Mohadi, Kembo Campbell Dugishi

                        Co-Minister of Home Affairs (former Deputy Minister of Local Government, Public Works and National Housing), born 15.11.1949.
                        ID 02-012912X02.

                        ZANU-PF Member of Government and member of Joint Operational Command.

                        54.

                        Moyo, Gilbert

                        ‘War veteran’, leader of ZANU-PF militia.

                        Directly involved in the terror campaign waged before and during the 2008 elections in Mashonaland West (Chegutu); involved in violent farm takeovers.

                        55.

                        Moyo, Jonathan Nathaniel

                        Former Minister of State for Information and Publicity in the President’s Office, born 12.1.1957.
                        Passport AD000432.
                        ID 63-857281M73.

                        Former member of the ZANU-PF Government. Incited violence and hatred, and architect of laws inhibiting freedom of speech.

                        56.

                        Moyo, Sibusio Bussie

                        Brigadier General ZNA.

                        Directly involved in the campaign of terror waged before and after the elections, including the murder of MDC supporters.

                        57.

                        Moyo, Simon Khaya

                        Chairman of ZANU-PF Politburo Deputy Secretary for Legal Affairs, born 1945. born 1.10.1945.
                        Passport ZD001512.
                        ID 63-735452P56.

                        Member of the ZANU-PF politburo with ongoing ties to its repressive policy.

                        58.

                        Mpabanga, S.

                        Lieutenant-Colonel, Mwenezi East.

                        Directly involved in the terror campaign waged before and during the elections. Led politically motivated violence in Mwenezi.

                        59.

                        Mpofu, Obert Moses

                        Minister for Mines and Mining Development, former Minister for Industry and International Trade (former Provincial Governor: Matabeleland North) (ZANU-PF Politburo Deputy Secretary for National Security), born 12.10.1951.
                        Passport ZD001549.
                        ID 08-186074F79.

                        ZANU-PF Member of Government. In March 2008 incited ZANU-PF supports to drive MDC opponents out of their homes to stop them voting.

                        60.

                        Msipa, Cephas George

                        Former Provincial Governor: Midlands, born 7.7.1931.
                        Passport ZD001500.
                        ID 63-358147A67.

                        61.

                        Muchena, Henry

                        Air Vice-Marshal, Midlands. Head of ZANU-PF Commissariat.

                        Senior military officer linked to ZANU-PF, directly involved in the terror campaign waged before and during the elections. Spearheaded violence in Zhombe and Gokwe during 2008.

                        62.

                        Muchena, Olivia Nyembesi (a.k.a. Nyembezi)

                        Minister for Women’s Affairs, Gender and Community Development, former Minister of State for Science and Technology in the President’s Office (former Minister of State in Vice-President Msika’s Office), born 18.8.1946.
                        Passport AD000086.
                        ID 63-337191X50.

                        ZANU-PF Member of the Government. Linked to politically motivated murders and personally involved in the destruction of Revai Kativhu’s home on 1 May 2008.

                        63.

                        Muchinguri, Oppah Chamu Zvipange

                        ZANU-PF Politburo Secretary for Gender and Culture (former Minister for Women’s Affairs, Gender and Community Development), born 14.12.1958.
                        ID 63-741411R50.

                        Former ZANU-PF member of the Government; remains a member of ZANU-PF politburo. Played a lead role in the violence in Masvingo province in 2008.

                        64.

                        Muchono, C.

                        Lieutenant-Colonel, Mwenezi West.

                        Directly involved in the terror campaign waged before and during the elections, by leading terror campaign in Mwenezi in 2008.

                        65.

                        Mudede, Tobaiwa (a.k.a. Tonneth)

                        Registrar General, born 22.12.1942.
                        ID 36-452750E70.

                        Ties to the ZANU-PF faction of Government and complicit in forming or directing state policy, notably in relation to election rigging.

                        66.

                        Mudenge, Isack Stanislaus Gorerazvo

                        Minister of Higher and Tertiary Education (former Minister of Foreign Affairs), born 17.12.1941, alt. 17.12.1948.
                        Passport AD000964.
                        ID 63-645385Q22.

                        ZANU-PF Member of Government.

                        67.

                        Mudonhi, Columbus

                        Assistant Inspector ZRP.

                        Directly involved in the campaign of terror waged before and after the elections, by leading violence in Buhera in 2008.

                        68.

                        Mugabe, Grace

                        Born 23.7.1965;
                        Passport AD001159.
                        ID 63-646650Q70.

                        Associated with the ZANU-PF faction of the government. Took over the Iron Mask Estate in 2002; alleged to illicitly derive large profits from diamond mining.

                        69.

                        Mugariri, Bothwell

                        Former Senior Assistant Police Commissioner.

                        Former member of the security forces and bearing wide responsibility for serious violations of the freedom of peaceful assembly. As Officer in charge in Harare, connected to violent operations in March 2007.

                        70.

                        Mujuru, Joyce Teurai Ropa

                        Vice President (former Minister of Water Resources and Infrastructural Development), born 15.4.1955.
                        ID 63-445325J18.

                        ZANU-PF Member of Government.

                        71.

                        Mumba, Isaac

                        Superintendent.

                        Directly involved in the campaign of terror waged before and after the 2008 elections. In chain of command which organised violence in Soka village in Muzarabani.

                        72.

                        Mumbengegwi, Simbarashe Simbanenduku

                        Minister of Foreign Affairs, born 20.7.1945;
                        Passport AD001086.
                        ID 63-677272A12.

                        ZANU-PF Member of Government.

                        73.

                        Murerwa, Herbert Muchemwa

                        Minister of Lands and Rural Resettlement, born 31.7.1941.
                        Passport AD001167.
                        ID 25-021670R25.

                        ZANU-PF Member of Government

                        74.

                        Musariri, Munyaradzi

                        Assistant Police Commissioner.

                        Senior member of the security forces and bearing wide responsibility for serious violations of the freedom of peaceful assembly, notably in Murambatsvina in July 2005.

                        75.

                        Mushohwe, Christopher Chindoti

                        Provincial Governor: Manicaland (former Minister of Transport and Communications, former Deputy Minister of Transport and Communications), born 6.2.1954.
                        ID 63-101480P75.

                        Provincial Governor associated with ZANU-PF. In February 2009 accompanied by soldiers told the Chiadzwa community they would be relocated without compensation.

                        76.

                        Mutasa, Didymus Noel Edwin

                        Minister of State for Presidential Affairs in the President’s Office, former Minister of State for National Security, Land Reform and Resettlement in the Office of the President, ZANU-PF, Secretary for Administration, born 27.7.1935.
                        ID 63-358184Q42.

                        ZANU-PF Member of the Government. Involved in murders in Manicaland.

                        77.

                        Mutezo, Munacho Thomas Alvar

                        Former Minister for Water Resources and Infrastructural Development. Born 14.2.1954.
                        Passport AN187189.
                        ID 29-129727W44.

                        Former member of the Government, associated with ZANU-PF. Orchestrated a campaign of terror and intimidating MDC supporters in Chimanimani West in conjunction with the Zimbabwean National Army in August 2010.

                        78.

                        Mutinhiri, Ambros (a.k.a. Ambrose)

                        Former Minister of Youth Development, Gender and Employment Creation, Retired Brigadier. Born 22.2.1944.
                        Passport AD000969.
                        ID 63-285106H32.

                        Former ZANU-PF Member of Government. March 2008 led a group of ZANU-PF supporters to Landas and assaulted several MDC supporters. Set up and supported military bases in Chihota where many MDC supporters were assaulted and tortured.

                        79.

                        Mutsvunguma, S.

                        Colonel, Headlands.

                        Directly involved in the terror campaign waged before and during the elections in 2008 in Mutare and the Highlands.

                        80.

                        Mzembi, Walter

                        Minister for Tourism and the Hospitality Industry, former Deputy Minister for Water Resources and Infrastructural Development, born 16.3.1964.
                        ID 22-050240B22.

                        ZANU-PF Member of the Government. Responsible for organising groups of ZANU-PF supporters to assault Masvingo residents prior to MDC’s 8-year anniversary celebrations.

                        81.

                        Mzilikazi, Morgan S.

                        Colonel (MID), Buhera Central.

                        Directly involved in the terror campaign waged before and during the elections. Involved in election violence in Makoni and Buhera in 2008. In July 2008 abducted MDC MP for Buhera South.

                        82.

                        Nguni, Sylvester Robert

                        Minister of State in the President’s Officer, former Minister of Economic Development (former Deputy Minister for Agriculture), born 4.8.1955 alt 4.5.1955.
                        Passport ZE215371.
                        ID 63-453707V32.

                        ZANU-PF Member of the Government.

                        83.

                        Nhema, Francis Chenayimoyo Dunstan

                        Minister of Environment and Natural Resources Management and former Minister of Environment and Tourism, born 7.4.1959 alt. 17.4.1959.
                        Passport AD000966.
                        ID 63-117843A66.

                        ZANU-PF Member of Government. In September 2009 forced safari operators to give up shares in ranches and conservancies.

                        84.

                        Nkomo, John Landa

                        Vice-President. Former Speaker of House of Assembly (former Minister of Special Affairs in the President’s Office), ZANU-PF national chairman, born 22.8.1934.
                        Passport AD000477.
                        ID 63-358161Q73.

                        Longest serving ZANU-PF Member of Government.

                        85.

                        Nyambuya, Michael Reuben

                        Former Minister for Energy and Power Development (former Lieutenant General, Provincial Governor: Manicaland), born 23.7.1955.
                        Passport AN045019.
                        ID 50-013758E50.

                        Former ZANU-PF member of Government. Involved in violence in Manicaland and used army personnel for farm take-overs.

                        86.

                        Nyanhongo, Magadzire Hubert

                        Deputy Minister of Energy and Power Development, former Deputy Minister of Transport and Communications. Born 26.11.1957.
                        ID 34-032890W34.

                        ZANU-PF Member of the Government. Involved in organising anti-MDC violence in Epworth and Nyanga in 2011. Involved in politically motivated murder in 2008.

                        87.

                        Nyikayaramba, Douglas

                        Brigadier General, Mashonaland East. Commander 3rd Brigade.

                        Senior officer directly involved in the terror campaign waged before and during the 2008 elections. Ordered junior soldiers to deal with MDC supporters in Manicaland.

                        88.

                        Nyoni, Sithembiso Gile Glad

                        Minister of Small and Medium Enterprises Development and Employment Creation, born 20.9.1949.
                        Passport AD000223.
                        ID 08-434871M67.

                        ZANU-PF Member of Government.

                        89.

                        Parirenyatwa, David Pagwese

                        Former Minister of Health and Child Welfare (former Deputy Minister), born 2.8.1950.
                        Passport AD000899.
                        ID 63-320762P47.

                        Former ZANU-PF Member of the Government. Organised torture bases in Murehwa North and provided support to gangs who murdered Edward Pfukwa on 17 June 2008 and Alloys Chandisareva Sanyangore in November 2008.

                        90.

                        Rangwani, Dani

                        Police Detective Inspector. Born 11.2.1962.
                        ID 70-006039V70.

                        Member of the security forces. Involved in group of 50 men paid directly by ZANU-PF to locate and torture MDC supporters in April 2007.

                        91.

                        Rugeje, Engelbert Abel

                        Major-General, Masvingo Province. Director, Defence Studies, Zimbabwe Defence Forces. Born 17.7.1959.
                        ID 63-539305L04.

                        Senior army officer directly involved in the terror campaign waged before and during the 2008 elections by coordinating most of the violent incidents in Masvingo.

                        92.

                        Rungani, Victor Tapiwa Chashe

                        Colonel, Chikomba. Born 29.6.1949.
                        ID 22-025306Z04.

                        Directly involved in the terror campaign waged before and during the elections in Chikomba in 2008, including assaults and abductions.

                        93.

                        Ruwodo, Richard

                        Director War Veterans Affairs in the Ministry of Defence. Brigadier General, promoted on 12 August 2008 to the rank of Major General (retired); former Acting PUS for Ministry of Defence, born 14.3.1954.
                        ID 63-327604B50.

                        Senior army officer directly involved in the campaign of terror waged before and after the elections. Oversees the war veterans, which as a group have been used to carry out the repressive policies of the ZANU-PF faction of the government.

                        94.

                        Sakupwanya, Stanley Urayayi

                        ZANU-PF Politburo Deputy Secretary for Health and Child Welfare. Born 14.5.1939.
                        ID 63-435281R50.

                        Member of the ZANU-PF politburo associated with the ZANU-PF faction of the Government. Linked to electoral violence in Makoni during the 2008 Presidential elections. Commander of a base in Makoni used for interrogations.

                        95.

                        Savanhu, Tendai

                        ZANU-PF Deputy Secretary for Transport and Social Welfare, born 21.3.1968.

                        Member of the ZANU-PF politburo associated with the ZANU-PF faction of the Government. Organised militias to assault MDC supporters in Mbare, leading to violence and chaos, in February 2011. Involved in abductions of MDC women in June 2008.

                        96.

                        Sekeramayi, Sydney (a.k.a. Sidney) Tigere

                        Minister of State for National Security in the President’s Office. Former Minister of Defence, born 30.3.1944.
                        ID 63-358166W43.

                        ZANU-PF Member of Government and member of ZANU-PF Joint Operational Command.

                        97.

                        Sekeremayi, Lovemore

                        Chief Elections Officer.

                        Ties to the ZANU-PF faction of government and complicit in forming or directing oppressive state policy through election rigging in 2008.

                        98.

                        Shamu, Webster Kotiwani

                        Minister for Media, Information and Publicity; former Minister of State for Policy Implementation (former Minister of State for Policy Implementation in the President’s Office), born 6.6.1945.
                        Passport AN203141.
                        ID 63-676065N32.

                        ZANU-PF Member of the Government involved activities interfering with the freedom of the press in 2009.

                        99.

                        Shamuyarira, Nathan Marwirakuwa

                        ZANU-PF Politburo Secretary for Information and Publicity, born 29.9.1928 or 29.9.1930.
                        Passport AD000468.
                        ID 63-327601Y32.

                        Member of the ZANU-PF politburo with strong ties to the ZANU-PF government faction. Involved in violent attempted farm take-over in September 2009 which ended in an arson attack.

                        100.

                        Shiri, Perence (a.k.a. Bigboy) Samson Chikerema

                        Air Marshal (Air Force), born 1.11.1955.
                        ID 29-098876M18.

                        Senior military officer and member of ZANU-PF Joint Operational Command and complicit in forming or directing oppressive state policy. Involved in political violence in Chiadzwa in October 2008.

                        101.

                        Shungu, Etherton

                        Brigadier General, Mashonaland Central.

                        Senior military officer in the ZANU-PF Commissariat, directly involved in the terror campaign waged before and during the elections in Bindura in 2008.

                        102.

                        Sibanda, Chris

                        Colonel, Bulawayo Province.

                        Directly involved in the terror campaign waged before and during the elections in Byo in 2008.

                        103.

                        Sibanda, Jabulani

                        Former Chair, National War Veterans Association, born 31.12.1970.

                        Ties to the ZANU-PF faction of government and complicit in forming or directing oppressive state policy. Involved in violence against MDC supporters in Makoni, Bikita, Masvingo and Guto particularly in relation to the implementation of an outreach programme in 2010.

                        104.

                        Sibanda, Misheck Julius Mpande

                        Cabinet Secretary (successor to Charles Utete), born 3.5.1949.
                        ID 63-685365X67.

                        Associated with ZANU-PF faction of government. In March 2010 gave instructions to ministers and cabinet secretaries to report to ZANU-PF politicians and not the Prime Minister Morgan Tsvangirai.

                        105.

                        Sibanda, Phillip Valerio (a.k.a. Valentine)

                        Commander Zimbabwe National Army, Lieutenant General, born 25.8.1956 or 24.12.1954.
                        ID 63-357671H26.

                        Senior army figure with ties to the Government and complicit in forming or directing oppressive state policy, blaming NGOs for unrest in September 2009.

                        106.

                        Sigauke, David

                        Brigadier General, Mash West Province.

                        Senior army figure directly involved in the terror campaign waged before and during the elections, including violence and torture against civilians in the diamond fields and threatening a coup if the MDC won the elections. Linked to violence in Chinhoyi in 2008.

                        107.

                        Sikosana, (a.k.a. Sikhosana), Absolom

                        ZANU-PF Politburo Secretary for Youth Affairs.

                        Member of the ZANU-PF politburo associated with the ZANU-PF faction of the Government. Threatened to unleash violence in 2011 if sanctions not removed.

                        108.

                        Tarumbwa, Nathaniel Charles

                        Brigadier General, Manicaland and Mutare South. Born 6.10.1960.
                        ID 63-849216W75.

                        Senior military officer directly involved in the terror campaign waged before and during the elections. In charge of torture base in Makoni West, Mutasa Central in 2007/08.

                        109.

                        Tomana, Johannes

                        Attorney General. Born 9.9.1967.
                        ID 50-036322F50.

                        ZANU-PF Member of Government.

                        110.

                        Veterai, Edmore

                        Senior Assistant Police Commissioner, Officer Commanding Harare. Born 20.11.1962.
                        ID 08-260467S04.

                        Senior member of the security forces and bearing wide responsibility for serious violations of the freedom of peaceful assembly, and involved in invasion of Farm Thirty.

                        111.

                        Zhuwao, Patrick

                        Former Deputy Minister for Science and Technology. Born 23.5.1967.
                        ID 63-621736K70.

                        Former ZANU-PF Member of Government. Disrupted Conference on the Constitution in July 2009. Terrorised MDC supporters around Norton, accompanied by CIO agents.

                        112.

                        Zimondi, Paradzai Willings

                        Prisons Director, born 4.3.1947.
                        ID 75-145185Z47.

                        Member of Joint Operational Command and complicit in forming or directing oppressive state policy. Responsible for funding and accommodating militias in 2008. Ordered prison officers to vote for Mugabe, and responsible for human rights abuses in prisons.

            II.   Entities

                        Name

                        Identifying information

                        Grounds for designation

                        1.

                        Cold Comfort Farm Trust Cooperative

                        7 Cowie Road, Tynwald, Harare, Zimbabwe.

                        Owned by Didymus Mutasa, Grace Mugabe also involved.

                        2.

                        Comoil (PVT) Ltd

                        Block D, Emerald Hill Office, Emerald Park, Harare, Zimbabwe. 2nd Floor, Travel Plaza, 29 Mazoe Street, Box CY22344, Causeway, Harare, Zimbabwe.

                        Owned by Saviour Kasukuwere.

                        3.

                        Divine Homes (PVT) Ltd

                        6 Hillside Shopping Centre, Harare, Zimbabwe; 31 Kensington Highlands, Harare, Zimbabwe; 12 Meredith Drive, Eastlea, Harare, Zimbabwe.

                        Chaired by David Chapfika.

                        4.

                        Famba Safaris

                        4 Wayhill Lane, Umwisdale, Harare, Zimbabwe; PO Box CH273, Chisipite, Harare, Zimbabwe.

                        Major shareholder is Webster Shamu.

                        5.

                        Jongwe Printing and Publishing Company (PVT) Ltd (a.k.a. Jongwe Printing and Publishing Co., a.k.a. Jongwe Printing and Publishing Company)

                        14 Austin Road, Coventry Road, Workington, PO Box 5988, Harare, Zimbabwe.

                        Publishing arm associated with the ZANU-PF faction of the Government.

                        6.

                        M & S Syndicate (PVT) Ltd

                        First Floor, Victory House, 88 Robert Mugabe Road, Harare, Zimbabwe; PO Box 1275, Harare, Zimbabwe.

                        Investment company associated with the ZNU-PF faction of the Government.

                        7.

                        OSLEG Ltd (a.k.a. Operation Sovereign Legitimacy)

                        Lonhoro House, Union Avenue, Harare, Zimbabwe.

                        Controlled by Zimbabwe army. Associated with the Ministry of Defence and the ZANU-PF faction of Government.

                        8.

                        Swift Investments (PVT) Ltd

                        730 Cowie Road, Tynwald, Harare, Zimbabwe; PO Box 3928, Harare, Zimbabwe.

                        Associated with the ZANU-PF faction of Government.

                        9.

                        Zidco Holdings (a.k.a. Zidco Holdings (PVT) Ltd)

                        PO Box 1275, Harare, Zimbabwe.

                        Financial holding company associated with the ZNU-PF faction of the Government.

                        10.

                        Zimbabwe Defence Industries

                        10th floor, Trustee House, 55 Samora Machel Avenue, PO Box 6597, Harare, Zimbabwe.

                        Associated with the Ministry of Defence and the ZANU-PF faction of Government.

                        11.

                        Zimbabwe Mining Development Corporation

                        90 Mutare Road, PO Box 2628, Harare, Zimbabwe.

                        Associated with the ZANU-PF faction of Government. ZMDC falls under the responsibility of ZANU-PF Minister of Mines and Mining Development.’

      ANNEX II

            ‘ANNEX II

               PERSONS REFERRED TO IN ARTICLE 10(3)

                        Name (and any aliases)

                        Identifying information

                        Grounds for designation

                        1.

                        Chinamasa, Patrick Anthony

                        Minister of Justice, Legal and Parliamentary Affairs, born 25.1.1947.

                        ZANU-PF Member of Government.

                        2.

                        Mumbengegwi, Simbarashe Simbanenduku

                        Minister of Foreign Affairs, born 20.7.1945; Passport AD001086.

                        ZANU-PF Member of Government.’