title: Council Decision 2013/124/CFSP of 11 March 2013 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran

text:
               12.3.2013

               EN

               Official Journal of the European Union

               L 68/57

         COUNCIL DECISION 2013/124/CFSP
   of 11 March 2013
   amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 12 April 2011, the Council adopted Decision 2011/235/CFSP (1).

               (2)

               On the basis of a review of Decision 2011/235/CFSP, the restrictive measures should be renewed until 13 April 2014.

               (3)

               Furthermore, in view of the gravity of the human rights situation in Iran, additional persons and an additional entity should be included in the list of persons and entities subject to restrictive measures as set out in the Annex to Decision 2011/235/CFSP.

               (4)

               Decision 2011/235/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 6(2) of Decision 2011/235/CFSP is replaced by the following:

      ‘2.   This Decision shall apply until 13 April 2014. It shall be kept under constant review. It shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.

   Article 2
   The persons and the entity listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2011/235/CFSP.
   Article 3
   This Decision shall enter into force on the date of its publication.

      Done at Brussels, 11 March 2013.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 100, 14.4.2011, p. 51.

      ANNEX

         List of the persons and the entity referred to in Article 2

         Persons

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  RASHIDI AGHDAM, Ali Ashraf

                  Head of Evin Prison, appointed around June/July 2012. Since his appointment, conditions in the prison deteriorated and reports referenced intensified ill-treatment of prisoners. In October 2012, nine female prisoners went on hunger strike in protest of the violation of their rights and violent treatment by prison guards.

                  12.3.2013

                  2.

                  KIASATI Morteza

                  Judge of the Ahwaz Revolutionary Court, Branch 4, imposed death sentences on four Arab political prisoners, Taha Heidarian, Abbas Heidarian, Abd al-Rahman Heidarian (three brothers) and Ali Sharifi.
                  They were arrested, tortured and hanged without due process. These cases and the lack of due process were referenced in a report dated 13/09/12 by the UN Special Rapporteur on human rights in Iran, the UN Secretary General's report on Iran of 22/08/12, and by various NGOs.

                  12.3.2013

                  3.

                  MOUSSAVI, Seyed Mohammad Bagher

                  Ahwaz Revolutionary Court judge, Branch 2, imposed death sentences on five Ahwazi Arabs, Mohammad Ali Amouri, Hashem Sha'bani Amouri, Hadi Rashedi, Sayed Jaber Alboshoka, Sayed Mokhtar Alboshoka, on 17/3/12 for "activities against national security" and "enmity against God".
                  The sentences were upheld by Iran's Supreme Court on 9/01/13. The five were reported by NGOs to have been arrested without charge for over a year, tortured and sentenced without due process.

                  12.3.2013

                  4.

                  SARAFRAZ, Mohammad (Dr.)
                  (aka: Haj-agha Sarafraz)

                  Date of Birth: appr. 1963
                  Place of Birth: Tehran
                  Place of Residence: Tehran
                  Place of Work: IRIB and PressTV HQ, Tehran

                  Head of IRIB World Service and Press TV, responsible for all programming decisions. Closely associated with the state security apparatus. Under his direction Press TV, along with IRIB, has worked with the Iranian security services and prosecutors to broadcast forced confessions of detainees, including that of Iranian-Canadian journalist and film-maker Maziar Bahari, in the weekly programme "Iran Today". Independent broadcast regulator OFCOM fined Press TV in the UK GBP 100,000 for broadcasting Bahari's confession in 2011, which was filmed in prison whilst Bahari was under duress.
                  Sarafraz therefore is associated with violating the right to due process and fair trial.

                  12.3.2013

                  5.

                  JAFARI, Asadollah

                  Prosecutor of Mazandaran Province, reported by NGOs to be responsible for illegal arrests and violations of the rights of Baha'i detainees from initial arrest to keeping them in solitary confinement in the Intelligence Detention Centre. Six concrete examples of cases where due process was violated are documented by NGOs, including in 2011 and 2012.

                  12.3.2013

                  6.

                  EMADI, Hamid Reza
                  (aka: Hamidreza Emadi)

                  Date of Birth: appr. 1973
                  Place of Birth: Hamedan
                  Place of residence: Tehran
                  Place of work: Press TV HQ, Tehran

                  Press TV Newsroom Director. Responsible for producing and broadcasting the forced confessions of detainees, including journalists, political activists, persons belonging to Kurdish and Arab minorities, violating internationally recognised rights to a fair trial and due process. Independent broadcast regulator OFCOM fined Press TV in the UK GBP 100,000 for broadcasting the forced confession of Iranian-Canadian journalist and film-maker Maziar Bahari in 2011, which was filmed in prison whilst Bahari was under duress. NGOs have reported further instances of forced televised confessions by Press TV. Emadi is therefore associated with violating the right to due process and fair trial.

                  12.3.2013

                  7.

                  HAMLBAR, Rahim

                  Judge of Branch 1 of Tabriz Revolutionary Court. Responsible for heavy sentences against journalists and Azeri ethnic minority and workers' rights activists, accusing them of spying, acts against national security, propaganda against the Iranian regime and insulting the leader of Iran. His judgments reportedly did not follow due process on many occasions and detainees were forced into false confessions. A high profile case involved 20 volunteer earthquake relief workers (following an earthquake in Iran in August 2012) to whom he gave prison sentences for their attempts to assist earthquake victims. The court found the workers guilty of "collaboration in assembly and collusion to commit crimes against national security."

                  12.3.2013

                  8.

                  MUSAVI-TABAR, Seyyed Reza

                  Head of the Revolutionary Prosecution of Shiraz. Responsible for illegal arrests and ill treatment of political activists, journalists, human rights defenders, Baha'is and prisoners of conscience, who were harassed, tortured, interrogated and denied access to lawyers and due process. NGOs reported that Musavi-Tabar signed judicial orders in the notorious No 100 Detention Centre (a male prison), including an order to detain female Baha'i prisoner Raha Sabet for three years in solitary confinement.

                  12.3.2013

                  9.

                  KHORAMABADI, Abdolsamad

                  Head of “Commission to Determine the Instances of Criminal Content”.

                  Abdolsamad Khoramabadi is Head of the “Commission to Determine the Instances of Criminal Content”, a governmental organization in charge of online censorship and cyber crime. Under his leadership the Commission defined “cybercrime” by a number of vague categories that criminalize creation and publication of content deemed inappropriate by the regime. He is responsible for repression and the blocking of numerous opposition sites, electronic newspapers, blogs, sites of human rights NGOs and of Google and Gmail since September 2012. He and the Commission actively contributed to the death in detention of the blogger Sattar Beheshti in November 2012. Thus the Commission he is heading is directly responsible for systemic violations of human rights, in particular by banning and filtering websites to the general public, and occasionally disabling Internet access altogether.

                  12.3.2013

         Entities

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Center to Investigate Organized Crime
                  (aka: Cyber Crime Office or Cyber Police)

                  Location: Tehran, Iran
                  Website: http://www.cyberpolice.ir

                  The Iranian Cyber Police is a unit of the Islamic Republic of Iran Police, founded in January 2011, which is headed by Esmail Ahmadi-Moqaddam (listed). According to press reports police chief Ahmadi-Moqaddam underlined that the Cyber Police would take on anti-revolutionary and dissident groups who used Internet-based social networks in 2009 to trigger protests against the re-election of President Mahmoud Ahmadinejad.
                  In January 2012, the Cyber Police issued new guidelines for Internet cafés, requiring users to provide personal information that would be kept by café owners for six months, as well as a record of the websites they visited. The rules also require café owners to install closed-circuit television cameras and maintain the recordings for six months. These new rules may create a logbook that authorities can use to track down activists or whomever is deemed a threat to national security.
                  In June 2012, Iranian media reported that the Cyber Police would be launching a crack down on virtual private networks (VPNs).
                  On October 30, 2012, the Cyber Police arrested the blogger Sattar Beheshti (reportedly without a warrant) for "actions against national security on social networks and Facebook." Beheshti had criticized the Iranian government in his blog. Beheshti was found dead in his prison cell on November 3, and is believed to have been tortured to death by the Cyber Police authorities.

                  12.3.2013


title: 2009/326/EC: Decision of the European Parliament and of the Council of 11 March 2009 on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               17.4.2009

               EN

               Official Journal of the European Union

               L 98/38

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2009
   on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2009/326/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2), and in particular Article 4(3) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The European Union has created a European Union Solidarity Fund (the Fund) to show solidarity with the population of regions struck by disasters.

               (2)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

               (3)

               Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

               (4)

               Romania submitted an application to mobilise the Fund, concerning a disaster caused by floods. The Commission considers that the application meets the conditions set out in Article 2 of Regulation (EC) No 2012/2002, and therefore proposes to authorise the corresponding appropriations,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   In the general budget of the European Union for the financial year 2009, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 11 785 377 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 11 March 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         A. VONDRA

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 311, 14.11.2002, p. 3.


title: 2007/216/EC: Council Decision of 29 January 2007 amending Decision 2004/677/EC with regard to a minimal period of secondment of national experts and military staff seconded to the European Defence Agency

text:
               5.4.2007

               EN

               Official Journal of the European Union

               L 95/24

      COUNCIL DECISION

   of 29 January 2007
   amending Decision 2004/677/EC with regard to a minimal period of secondment of national experts and military staff seconded to the European Defence Agency
   (2007/216/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Council Decision 2004/677/EC of 24 September 2004 concerning the Rules applicable to national experts and military staff on secondment to the European Defence Agency (1), and in particular Article 33, second subparagraph, thereof,
   Having regard to the proposal from the Steering Board of the European Defence Agency,
   Whereas:
   Article 11(3)(3.2.) of the Council Joint Action 2004/551/CFSP of 12 July 2004 on the establishment of the European Defence Agency (2) provides that the European Defence Agency's staff consists of national experts seconded by participating Member States either to posts within the Agency organisational structure or for specific tasks and projects. Since a minimum period of six months of secondment appears to be longer than that necessary in the case of national experts seconded for specific tasks and projects, Council Decision 2004/677/EC should be amended with a view to providing the necessary flexibility regarding the minimum length of secondment,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Article 2(1) of Decision 2004/677/EC shall be replaced by the following:

      ‘1.   The period of secondment may not be less than two months nor exceed three years and may be renewed successively up to a total period not exceeding four years.’

   Article 2
   This Decision shall take effect on the day of its adoption. It shall be published in the Official Journal of the European Union.

      Done at Brussels, 29 January 2007.

            For the Council

            The President

         Horst SEEHOFER

      (1)  OJ L 310, 7.10.2004, p. 64.

      (2)  OJ L 245, 17.7.2004, p. 17.


title: Council Decision 2012/810/CFSP of 20 December 2012 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran

text:
               21.12.2012

               EN

               Official Journal of the European Union

               L 352/49

         COUNCIL DECISION 2012/810/CFSP
   of 20 December 2012
   amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 12 April 2011, the Council adopted Decision 2011/235/CFSP (1).

               (2)

               It should be specified that the prohibition to sell, supply, transfer or export equipment which might be used for internal repression in Iran does not apply if the sale, supply, transfer or export of such equipment is intended solely for the protective use of the personnel of the Union and its Member States in Iran, nor to the provision of technical assistance, brokering services and other services or of financing and financial assistance related to such equipment.

               (3)

               Decision 2011/235/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following paragraph is added to Article 2b of Decision 2011/235/CFSP:

      ‘3.   Paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of equipment which is intended solely for the protective use of the personnel of the Union and its Member States in Iran, or to the provision of technical assistance, brokering services and other services or of financing and financial assistance related to such equipment, as approved in advance by the relevant competent authority.’.

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

      Done at Brussels, 20 December 2012.

            For the Council

            The President

         E. FLOURENTZOU

      (1)  OJ L 100, 14.4.2011, p. 51.


title: Political and Security Committee Decision (CFSP) 2015/664 of 21 April 2015 on the establishment of the Committee of Contributors for the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) (EUMAM RCA/1/2015)

text:
               29.4.2015

               EN

               Official Journal of the European Union

               L 110/11

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/664
   of 21 April 2015
   on the establishment of the Committee of Contributors for the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) (EUMAM RCA/1/2015)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision (CFSP) 2015/78 of 19 January 2015 on a European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) (1), and in particular Article 8(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 8(5) of Decision (CFSP) 2015/78, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the setting-up of a Committee of Contributors (CoC) for the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA).

               (2)

               The conclusions of the European Council of Nice of 7, 8 and 9 December 2000 and those of Brussels of 24 and 25 October 2002 laid down the arrangements for the participation of third States in crisis management operations and the setting-up of a CoC.

               (3)

               The CoC should be a forum for discussing with the contributing third States all the problems relating to the management of EUMAM RCA. The PSC, which exercises the political control and strategic direction of EUMAM RCA, should take account of the views expressed by the CoC.

               (4)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Establishment and terms of reference
   A Committee of Contributors (CoC) for the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) is hereby established. Its terms of reference are laid down in the conclusions of the European Council of Nice of 7, 8 and 9 December 2000 and those of Brussels of 24 and 25 October 2002.
   Article 2
   Composition
   1.   The CoC shall be composed of the following members:

               —

               representatives of all Member States,

               —

               representatives of third States participating in EUMAM RCA and providing significant contributions.

         2.   A representative of the Commission may also attend the CoC meetings.
   Article 3
   Information from the EU Mission Commander
   The CoC shall receive information from the EU Mission Commander of EUMAM RCA.
   Article 4
   Chair
   The CoC shall be chaired by the High Representative of the Union for Foreign Affairs and Security Policy, or by his or her representative, in close consultation with the Chairman of the European Union Military Committee, or with his or her representative.
   Article 5
   Meetings
   1.   The meetings of the CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair's initiative, or at the request of a member.
   2.   The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. The Chair shall be responsible for conveying the outcome of the CoC's discussions to the PSC.
   Article 6
   Confidentiality
   1.   In accordance with Council Decision 2013/488/EU (2), the security rules laid down in that Decision shall apply to the meetings and proceedings of the CoC. In particular, representatives in the CoC shall possess adequate security clearance.
   2.   The deliberations of the CoC shall be covered by the obligation of professional secrecy, except in so far as the CoC unanimously decides otherwise.
   Article 7
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 April 2015.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 13, 20.1.2015, p. 8.

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


title: 2010/116/: Commission Decision of 24 February 2010 terminating the anti-dumping proceeding concerning imports of certain ring binder mechanisms originating in Thailand

text:
               25.2.2010

               EN

               Official Journal of the European Union

               L 48/17

         COMMISSION DECISION
   of 24 February 2010
   terminating the anti-dumping proceeding concerning imports of certain ring binder mechanisms originating in Thailand
   (2010/116/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) and in particular Article 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               On 11 November 2008, the Commission received a complaint concerning the alleged injurious dumping of imports of certain ring binder mechanisms originating in Thailand.

               (2)

               The complaint was lodged by Union producer Ring Alliance Ringbuchtechnik GmbH representing a major proportion, in this case more than 50 %, of the total Union production of certain ring binder mechanisms pursuant to Articles 4(1) and 5(4) of Council Regulation (EC) No 384/96 (2) (the basic Regulation).

               (3)

               The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom which was considered sufficient to justify the initiation of an anti-dumping proceeding.

               (4)

               The Commission, after consultation, by a notice published in the Official Journal of the European Union
                   (3), accordingly initiated an anti-dumping proceeding concerning imports into the European Union of certain ring binder mechanisms, currently classifiable within CN code ex 8305 10 00 and originating in Thailand.

               (5)

               The Commission sent questionnaires to the Union industry and to any known association of producers in the European Union, to the exporters/producers in Thailand, to any association of exporters/producers, to the importers, to any known association of importers, and to the authorities of the exporting country concerned. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.

               (6)

               Given the need to further examine certain aspects of the investigation, it was decided to continue the investigation without the imposition of provisional measures. On 16 September 2009, all interested parties were provided with an information document detailing the preliminary findings at that stage of the investigation and inviting the parties to comment on those findings.

         B.   WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

               (7)

               By a letter of 18 December 2009 to the Commission, Ring Alliance Ringbuchtechnik GmbH formally withdrew its complaint.

               (8)

               In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest.

               (9)

               The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Union interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Union interest.

               (10)

               The Commission therefore concludes that the anti-dumping proceeding concerning imports into the European Union of certain ring binder mechanisms originating in Thailand should be terminated,

         HAS ADOPTED THIS DECISION:
   Article 1
   The anti-dumping proceeding concerning imports of certain ring binder mechanisms, currently classifiable within CN code ex 8305 10 00 and originating in Thailand, is hereby terminated.
   Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 24 February 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  OJ L 56, 6.3.1996, p. 1.

      (3)  OJ C 322, 17.12.2008, p. 13.


title: Council Decision (EU) 2016/228 of 14 July 2015 on the resolution procedure

text:
               18.2.2016

               EN

               Official Journal of the European Union

               L 41/20

         COUNCIL DECISION (EU) 2016/228
   of 14 July 2015
   on the resolution procedure
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Council Decision 2009/937/EU of 1 December 2009 adopting the Council's rules of procedure (1) and, in particular, Articles 12(1) and 14(1) thereof,
   Whereas:

               (1)

               Article 18(7) of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of the Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (2) establishes a resolution procedure whereby the Council may be called to decide on the adoption of resolution schemes.

               (2)

               From 1 January 2016, the Council acting by simple majority, on the basis of a Commission proposal, may object to a resolution scheme, or approve or object to a material modification of the amount of the Fund provided for in a resolution scheme adopted by the Single Resolution Board within 24 hours from the adoption of the resolution scheme.

               (3)

               The act of the Council should be adopted by a written vote given the tight deadline as provided for by Article 18(7) of the Regulation. The procedure for objecting to a resolution scheme, or approve or object to a material modification of the amount of the Fund provided thereof is, by nature, urgent.

               (4)

               Based on the grounds of urgency, the Council may deliberate and take its decision on the basis of documents and drafts drawn up in one of the languages specified in the rules in force governing languages as provided for in Article 14(1) of the Council's Rules of procedure. This should not put into question the obligation to adopt and publish the decision in all languages specified in the rules in force governing languages at a later stage,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   Where the Council has to take a decision on the basis of a Commission proposal in the framework of Article 18(7) of Regulation (EU) No 806/2014, the act of the Council shall be adopted by a written vote.
   2.   When adopting its decision, the Council may deliberate and take decisions on the basis of documents and drafts drawn up in English only.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2016.

      Done at Brussels, 14 July 2015.

            For the Council

            The President

         P. GRAMEGNA

      (1)  OJ L 325, 11.12.2009, p. 35.

      (2)  OJ L 225, 30.7.2014, p. 1.


Avis juridique important

|

31986D0365

86/365/EEC: Council Decision of 24 July 1986 adopting the programme on cooperation between universities and enterprises regarding training in the field of technology (Comett)

Official Journal L 222 , 08/08/1986 P. 0017

*****COUNCIL  DECISION  of 24 July 1986  adopting the programme on cooperation between universities and enterprises regarding training in the field of technology (COMETT)  (86/365/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 128 and 235 thereof,  Having regard to Council Decision 63/266/EEC of 2 April 1963 laying down general principles for implementing a common vocational training policy (1), and in particular the second, sixth, seventh, ninth and 10th principles thereof,  Having regard to the proposal from the Commission (2),  Having regard to the opinion of the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  Whereas the fundamental objectives of the common vocational training policy set down in the second principle of Decision 63/266/EEC refer in particular to  broadening vocational training on the basis of a general education to meet requirements arising from technical progress and relating closely the different forms of vocational training to the various sectors of the economy;  Whereas it is not certain that the Treaty has provided all the powers required for the adoption of this Decision, which appears necessary in order to attain, in the course of the operation of the common market, the objectives of the Community and, in particular, the harmonious development of economic activities throughout its territory; whereas it would therefore appear justifiable, in the interest of certainty as to the law, to have recourse in addition to Article 235 of the Treaty;  Whereas the Council has already agreed on Community action in this field through its resolution of 2 June 1983 concerning vocational training measures and new information technologies (5) as well as through the resolution of the Council and of the Ministers for Education, meeting within the Council, of 19 September 1983 on measures relating to the introduction of new information technology in education (6);  Whereas the Council in its conclusions of 7 June 1984 on technological change and social adjustment (7) requested the Commission to develop, and where necessary, to initiate, work with the purpose of strengthening cooperation between industry and training institutions, in particular advanced training institutions with a view to improving the provision of initial training and the imparting of new skills to those whose employment is affected by technological innovations;  Whereas the Council has adopted measures with a view to strengthening technological cooperation at Community level, in particular with its Decisions 85/141/EEC (8), 85/195/EEC (9), 85/196/EEC (10) and 85/197/EEC (11) concerning ESPRIT, Biotechnology, BRITE and the plan to stimulate European scientific and technical cooperation and interchange;  Whereas the European Council, at its meeting in March 1985, reiterated the importance of strengthening the technological base and competitiveness of industry and, in that context, emphasized the necessity to make better use of human resources, in particular by means of increased cooperation between higher education and industry;  Whereas at its meeting on 3 June 1985 the Council and the Ministers for Education, meeting within the Council, exchanged views on objectives for joint action in this field;  Whereas on 24 May 1983 the European Parliament adopted a resolution on the competitiveness of Community industry (1) in which it called for efforts to be made in vocational training and training for managers of undertakings; whereas that resolution complements the resolution concerning measures of vocational training relating to the introduction of new information technologies (2) and the other resolutions, notably those rela-  ting to higher education and the development of cooperation between higher-education institutions (3) and on the Community research and development programme in the field of information technologies (4) and on a plan to stimulate European cooperation and scientific and technical interchange (5);  Whereas on 3 June 1985 the Council adopted the resolution on equal opportunities for girls and boys in education and training (6); whereas on that basis, the development, at Community level of a human resources strategy must involve representatives of both sexes;  Whereas the exploitation of technological developments throughout industry will depend on the versatility, skills and enterprise of the workforce; whereas, in this context, there is an urgent need to develop, at Community level, appropriate Community policies as a complement to an overall Community strategy for industrial research and development and innovation policies;  Whereas cooperation between university and enterprise in the field of training must be developed both within Member States, particularly at local and regional level, and be assisted by Community measures involving, as far as possible, existing bodies in the Member States,  After wide-ranging consultations on the subject organized by the Commission, and having regard in particular to the opinion of the Advisory Committee for Vocational  Training,  HAS DECIDED AS FOLLOWS:  Article 1  A programme designed to strengthen and to stimulate intra-Community cooperation between universities and enterprises regarding training, including ongoing training, in the field of technology, hereinafter referred to as the 'COMETT programme', is hereby adopted for a four-year period commencing on 1 January 1986.  The COMETT programme shall consist of two phases: a preparatory phase (1986) and an operational phase (1987 to 1989).  The detailed arrangements for the COMETT programme are contained in the Annex.  Article 2  For the purposes of the COMETT programme:  - the term 'university' is used in its general sense to indicate all types of post-secondary education and training establishments which offer, where appropriate within the framework of advanced training, qualifications or diplomas of that level, whatever such establishments may be called in the Member States,  - the term 'enterprise' is used to indicate all types of economic activity, including both large and small and medium-sized undertakings, whatever their legal status or the manner of applying new technologies.  Article 3  The objectives of the COMETT programme shall be as follows:  (a) to give a European dimension to cooperation between universities and enterprises in training relating to innovation and the development and application of new technologies;  (b) to foster the joint development of training programmes and the exchange of experience, and also the optimum use of training resources at Community level;  (c) to improve the supply of training at local, regional and national level with the assistance of the authorities concerned, thus contributing to the balanced economic development of the Community;  (d) to develop the level of training in response to technological change and social changes by identifying the resulting priorities in existing training arrangements which call for supplementary action both within Member States and at Community level, and by promoting equal opportunities for men and women.  Article 4  The funds estimated as necessary for the implementation of the COMETT programme amount to 45 million ECU. This amount is intended to finance the various support and complementary measures set out in the Annex.  Article 5  1. The Commission shall implement the COMETT programme in accordance with the provisions of the Annex.  2. In the performance of that task the Commission shall be assisted by a committee. The committee, consisting of two representatives of each Member State, shall be set up by the Commission on the basis of nominations by the Member States.  Members of the committee may be assisted by experts or advisers.  The committee shall be chaired by a Commission representative.  The proceedings of the committee shall be confidential. The committee shall adopt its own rules of procedure. Secretarial services shall be provided by the Commission.  3. The Commission may consult the committee on any matter concerning the implementation of the COMETT programme.  The Commission shall inform the committee regularly of projects under consideration which fall below the thresholds referred to in point (b) of paragraph 4.  4. The committee shall deliver opinions on the following points:  (a) the general guidelines governing the COMETT programme; the general guidelines for the financial assistance to be provided by the Community (amounts, duration and recipients of assistance); questions concerning the general balance of the COMETT programme, including a breakdown of the various types of action;  (b) the procedure for selecting the various types of project described in the Annex; any measures which require a Community contribution of more than 100 000 ECU.  If the Committee delivers a negative opinion on any aspect of finalization of the COMETT programme, the Commission shall amend its initial draft to take account of the Committee's opinion. Within a period of two months after the programme has been communicated for the second time, the Commission shall take a final decision, except in cases where - in respect of the topics referred to in point (a) above - a qualified majority of representatives of the Member States asks for the matter to be referred to the Council. In that event, the Council may adopt a different position within two months. In the absence of such a Council decision, the Commission shall take a final decision.  5. An annual report regarding the implementation of the COMETT programme shall be submitted by the Commission to the European Parliament, the Council and the Advisory Committee on Vocational Training set up under Decision 63/266/EEC and also to the Education Committee set up pursuant to the resolution of the Council and the Minsiters for Education, meeting within the Council, of 9 February 1976 (1).  6. The Commission shall ensure that the COMETT programme is consistent with the other Community research and development action already programmed.  Article 6  The Commission shall submit a report to the European Parliament, the Council, and the Economic and Social Committee by 31 October 1988 on experience in implementing the COMETT programme, together with a proposal regarding the arrangements for continuing it, if appropriate.  The Council shall take a decision on this proposal by 31 October 1989 after consulting the European Parliament and the Economic and Social Committee.  The Council shall, in the light of the abovementioned report, reassess the amount referred to in Article 4 by 31 December 1988.  Done at Brussels, 24 July 1986.  For the Council  The President  A. CLARK  (1) OJ No 63, 20. 4. 1963, p. 1338/63.  (2) OJ No C 234, 13. 9. 1985, p. 3.  (3) OJ No C 345, 31. 12. 1985, p. 414.  (4) OJ No C 344, 31. 12. 1985, p. 4.  (5) OJ No C 166, 25. 6. 1983, p. 1.  (6) OJ No C 256, 24. 9. 1983, p. 1.  (7) OJ No C 184, 11. 7. 1984, p. 1.  (8) OJ No L 55, 23. 2. 1985, p. 1.  (9) OJ No L 83, 25. 3. 1985, p. 1.  (10) OJ No L 83, 25. 3. 1985, p. 8.  (11) OJ No L 83, 25. 3. 1985, p. 13.  (1) OJ No C 135, 24. 5. 1983, p. 27.  (2) OJ No C 161, 20. 6. 1983, p. 32.  (3) OJ No C 104, 16. 4. 1984, p. 48.  (4) OJ No C 13, 17. 1. 1983, p. 216.  (5) OJ No C 315, 26. 11. 1984, p. 116.  (6) OJ No C 166, 5. 7. 1985, p. 1.  (1) OJ No C 38, 19. 2. 1976, p. 1.  ANNEX  1. The COMETT programme comprises a range of transnational projects to strengthen and encourage cooperation between universities and enterprise within the European framework in regard to both initial and ongoing training in response to technological change and social changes.  These measures are directed at trainees, including new graduates, persons in active employment, including employers' and workers' representatives and the training officers concerned.  2. Within the framework of the COMETT programme the projects which are to receive Community assistance will be chosen on the basis of, in particular, their stimulative and exemplary character, and their contribution to strengthening a European sense of identity and to intensifying cooperation between universities and enterprises with regard to training.  The choice will be made regardless of the involvement of the undertakings concerned in Community research and development projects and it shall take particular account of the training requirements of small and medium-sized undertakings.  3. The following measures will be implemented in the course of the COMETT programme.  A. European Network  (a) Setting up and development of a European network of university-enterprise training partnerships (UETPs) having as one objective transnational cooperation, particularly in the following fields: organization of training schemes in undertakings, exchanges of staff, of trainees and of training officers from other Member States; developing joint transnational cooperation projects in the field of training, technical assistance, monitoring and evaluation Community-wide.  A key criterion in the choice of UETPs for participation in the European network will be their capacity to respond to specific training needs at local, regional and national level in cooperation with the relevant public agencies and organizations and to carry out with this object in mind operations such as: exchange of staff, of trainees and of training officers; training schemes in undertakings; joint development and production of training materials, and retraining and refresher programmes for skilled company personnel, especially those from small and medium-sized undertakings, and for  training officers.  (b) The Commission will provide technical assistance for setting up and operating the network, relying as far as possible on the support of existing bodies in the Member States.  (c) The Community will grant financial support for activities with a European dimension carried out by the UETPs selected. This flat-rate contribution shall not exceed 50 % of the expenditure eligible, with a ceiling of 50 000 ECU per annum per UETP.  (d) The activities to be undertaken under this Section A will not exceed 17 % of the overall budget allocated to the COMETT programme, subject - with regard to this Section A and to Sections B to E below - to any changes which may arise as the implementation of the programme proceeds.  B. Transnational exchanges  (a) Specific incentives (1) to promote, for the benefit of all Member States, the transnational exchange of trainees, including new graduates, and university staff and the staff of undertakings through:  (i) grants for trainees, including new graduates, undergoing periods of training in undertakings established in other Member States;  (ii) fellowships for university staff seconded to undertakings in other Member States;  (iii) fellowships for the staff of undertakings and business personnel seconded to universities in other Member States.  (b) The Community's financial contribution will be limited to costs directly incurred under subparagraphs (i), (ii) and (iii) above: direct and indirect mobility costs of recipients of grants or fellowships, costs of preparing, supervising and organizing the activities implemented and, where necessary, costs of language courses for beneficiaries. As a general rule, this flat-rate contribution will not exceed a ceiling of 4 000 ECU per beneficiary under subparagraph (i) and of 12 000 ECU under subparagraphs (ii) and (iii).  (c) Total aid to be committed under this Section B will not exceed 50 % of the overall budget allocated to the COMETT programme.  C. Joint ongoing training projects  (a) Support for work on devising, developing and testing at European level joint projects for ongoing training initiated jointly by different undertakings in connection with the universities concerned in fields related to new technologies.  Support for ongoing training courses for the rapid dissemination in universities and undertakings of the results of research and development in the new technology field.  (b) The Community's financial contribution will be limited to 42 % both of the costs of devising and producing joint projects for ongoing training - with a ceiling of 500 000 ECU per project - and of the operating costs of the training courses.  D. Multilateral initiatives for developing multi-media training systems  (a) Support for multilateral initiatives with regard to multi-media training systems using new information and communication technologies including television, where appropriate, with particular emphasis on the training of training officers and staff of undertakings.  (b) The Community's financial contribution will be limited to 50 % of all the expenditure incurred under the initiatives relating to this Section D with a ceiling of 400 000 ECU per project.  Total aid to be committed under Sections C and D will not exceed 30 % of the overall budget allocated to the COMETT programme.  E. Additional measures implemented by the Commission  (a) These measures shall concern:  (i) an exchange of information and experience;  (ii) the analysis and monitoring of developments in qualifications in regard to new technologies;  (iii) a better mutual understanding of the obstacles hindering the development of university-enterprise cooperation in the field of advanced training with a view to the strengthening of such cooperation.  (b) The expenditure to be committed under this Section E will not exceed 3 % of the overall budget allocated to the COMETT programe.  (1) The number of persons eligible for such incentives is estimated at a maximum of 10 000 for subparagraph (i), 350 for subparagraph (ii) and 350 for subparagraph (iii).


title: Council Decision 2013/446/CFSP of 6 September 2013 amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia

text:
               7.9.2013

               EN

               Official Journal of the European Union

               L 240/21

         COUNCIL DECISION 2013/446/CFSP
   of 6 September 2013
   amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 August 2010, the Council adopted Decision 2010/452/CFSP (1) which continued the European Union Monitoring Mission in Georgia, EUMM Georgia (hereinafter "EUMM Georgia" or the "Mission") established by Joint Action 2008/736/CFSP of 15 September 2008 (2). Decision 2010/452/CFSP expires on 14 September 2013.

               (2)

               EUMM Georgia should be extended for a further period of 15 months on the basis of its current mandate.

               (3)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/452/CFSP is hereby amended as follows:

               (1)

               Article 6 is hereby amended as follows:

                           (a)

                           the following paragraph is inserted:
                           ‘1a.   The Head of Mission shall be the representative of the Mission. The Head of Mission may delegate management tasks in staff and financial matters to staff members of the Mission, under his/her overall responsibility.’;

                           (b)

                           paragraph 4 is deleted.

               (2)

               In Article 8, paragraph 3 is replaced by the following:
               ‘3.   The conditions of employment and the rights and obligations of international and local staff shall be laid down in the contracts to be concluded between EUMM Georgia and the staff member concerned.’;

               (3)

               The following Article is inserted:
               ‘Article 13a
               Legal arrangements
               EUMM Georgia shall have the capacity to procure services and supplies, to enter into contracts and administrative arrangements, to employ staff, to hold bank accounts, to acquire and dispose of assets and to discharge its liabilities, and to be a party to legal proceedings, as required in order to implement this Decision.’;

               (4)

               Article 14 is replaced by the following:
               ‘Article 14
               Financial arrangements
               1.   The financial reference amount intended to cover the expenditure related to the Mission between 15 September 2010 and 14 September 2011 shall be EUR 26 600 000.
               The financial reference amount intended to cover the expenditure related to the Mission between 15 September 2011 and 14 September 2012 shall be EUR 23 900 000.
               The financial reference amount intended to cover the expenditure related to the Mission between 15 September 2012 and 14 September 2013 shall be EUR 20 900 000.
               The financial reference amount intended to cover the expenditure related to the Mission between 15 September 2013 and 14 December 2014 shall be EUR 26 650 000.
               2.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the European Union.
               3.   Nationals of third States, of the host State, and of neighbouring countries shall be allowed to tender for contracts. Subject to the Commission's approval, the Mission may conclude technical arrangements with Member States, participating third States, and other international actors regarding the provision of equipment, services and premises to EUMM Georgia.
               4.   EUMM Georgia shall be responsible for the implementation of the Mission's budget. For this purpose, the Mission shall sign an agreement with the Commission
               5.   EUMM Georgia shall be responsible for any claims and obligations arising from the implementation of the mandate starting from 15 September 2013, with the exception of any claims relating to serious misconduct by the Head of Mission, for which he or she shall bear the responsibility.
               6.   The financial arrangements shall respect the chain of command as provided for in Articles 5, 6 and 9, and the operational requirements of EUMM Georgia, including the compatibility of equipment and the interoperability of its teams.
               7.   Expenditure shall be eligible as of the date of entry into force of this Decision.’;

               (5)

               In Article 18, the second paragraph is replaced by the following:
               ‘It shall expire on 14 December 2014.’.

         Article 2
   This Decision shall enter into force on the date of its adoption. It shall apply from 15 September 2013.

      Done at Brussels, 6 September 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 213, 13.8.2010, p. 43.

      (2)  OJ L 248, 17.9.2008, p. 26.