Avis juridique important

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31985D0197

85/197/EEC: Council Decision of 12 March 1985 adopting a plan to stimulate European scientific and technical cooperation and interchange (1985 to 1988)

Official Journal L 083 , 25/03/1985 P. 0013 - 0015 Spanish special edition: Chapter 16 Volume 1 P. 0242  Portuguese special edition Chapter 16 Volume 1 P. 0242

+++++( 1 ) OJ NO C 142 , 29 . 5 . 1984 , P . 4 .  ( 2 ) OJ NO C 315 , 26 . 11 . 1984 , P . 115 .  ( 3 ) OJ NO C 343 , 24 . 12 . 1984 , P . 12 .  ( 4 ) OJ NO C 7 , 29 . 1 . 1974 , P . 2 .  ( 5 ) OJ NO L 181 , 6 . 7 . 1983 , P . 20 .  ( 6 ) OJ NO C 208 , 4 . 8 . 1983 , P . 1 .  ( 7 ) OJ NO L 350 , 10 . 12 . 1982 , P . 45 .  ( 8 ) OJ NO L 255 , 20 . 9 . 1974 , P . 1 .  COUNCIL DECISION OF 12 MARCH 1985 ADOPTING A PLAN TO STIMULATE EUROPEAN SCIENTIFIC AND TECHNICAL COOPERATION AND INTERCHANGE ( 1985 TO 1988 ) ( 85/197/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,  WHEREAS ARTICLE 2 OF THE TREATY ASSIGNS TO THE COMMUNITY THE TASK INTER ALIA OF PROMOTING THROUGHOUT THE COMMUNITY A HARMONIOUS DEVELOPMENT OF ECONOMIC ACTIVITIES , A CONTINUOUS AND BALANCED EXPANSION AND AN ACCELERATED RAISING OF THE STANDARD OF LIVING ; WHEREAS THE ACTIVITIES TO BE PERFORMED TO THIS END BY THE COMMUNITY ARE SET OUT IN ARTICLE 3 OF THE TREATY ;  WHEREAS , IN ITS RESOLUTION OF 14 JANUARY 1974 ON THE COORDINATION OF NATIONAL POLICIES AND THE DEFINITION OF PROJECTS OF INTEREST TO THE COMMUNITY IN THE FIELD OF SCIENCE AND TECHNOLOGY ( 4 ) , THE COUNCIL ENTRUSTED THE COMMISSION WITH THE TASK OF DEFINING PROJECTS OF INTEREST TO THE COMMUNITY AND SELECTING APPROPRIATE WAYS AND MEANS OF IMPLEMENTING THESE PROJECTS ;  WHEREAS , IN DECISION 83/331/EEC OF 28 JUNE 1983 , THE COUNCIL ADOPTED AN EXPERIMENTAL COMMUNITY ACTION TO STIMULATE THE EFFICACY OF THE EUROPEAN ECONOMIC COMMUNITY'S SCIENTIFIC AND TECHNICAL POTENTIAL ( 5 ) , AND ON 28 FEBRUARY 1984 REQUESTED THE COMMISSION TO PUT FORWARD A PROPOSAL FOR A STIMULATION PLAN FOR THE YEARS 1985 TO 1988 ;  WHEREAS BY ITS RESOLUTION OF 25 JULY 1983 ( 6 ) DEALING WITH THE FIRST FRAMEWORK PROGRAMME FOR THE COMMUNITY'S RESEARCH , DEVELOPMENT AND DEMONSTRATION ACTIVITIES , THE COUNCIL APPROVED THE GOAL OF " IMPROVING THE EFFICACY OF THE COMMUNITY'S SCIENTIFIC AND TECHNICAL POTENTIAL " ;  WHEREAS THE TREATY DOES NOT PROVIDE FOR THE SPECIFIC POWERS NECESSARY FOR THE ADOPTION OF THIS DECISION ;  HAVING REGARD TO THE OPINION OF THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE ( CREST ) ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  A PLAN TO STIMULATE EUROPEAN SCIENTIFIC AND TECHNICAL COOPERATION AND INTERCHANGE , HEREINAFTER REFERRED TO AS THE " STIMULATION PLAN " AND AS SET OUT IN THE ANNEX , IS HEREBY ADOPTED FOR A FOUR-YEAR PERIOD COMMENCING ON 1 JANUARY 1985 .  ARTICLE 2  THE STIMULATION PLAN CONSISTS OF A RANGE OF ACTIVITIES WHICH HAVE AS THEIR AIM THE ESTABLISHMENT OF A NETWORK OF SCIENTIFIC AND TECHNICAL COOPERATION AND INTERCHANGE AT EUROPEAN LEVEL , WHICH WILL GRADUALLY BE EXTENDED .  IT COVERS ALL FIELDS OF SCIENCE AND TECHNOLOGY - BOTH EXACT AND NATURAL SCIENCES . HOWEVER , IN CHOOSING ACTIVITIES TO BE SUPPORTED , PARTICULAR ATTENTION SHALL BE GIVEN TO THE AREAS SET OUT IN THE ANNEX IN VIEW OF THEIR SPECIAL INTEREST .  ARTICLE 3  THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THE STIMULATION PLAN AMOUNT TO 60 MILLION ECU , INCLUDING EXPENDITURE ON A STAFF OF 12 .  ARTICLE 4  THE COMMISSION SHALL UNDERTAKE THE IMPLEMENTATION OF THE STIMULATION PLAN BY MEANS OF RESEARCH GRANTS , CONTRACTS ENCOURAGING THE TWINNING OF LABORATORIES AND OPERATIONS CONTRACTS .  IT SHALL BE ASSISTED BY THE COMMITTEE FOR THE EUROPEAN DEVELOPMENT OF SCIENCE AND TECHNOLOGY ( CODEST ) , SET UP UNDER DECISION 82/835/EEC ( 7 ) AS WELL AS BY CONSULTANTS .  ARTICLE 5  DURING THE SECOND YEAR THE STIMULATION PLAN SHALL BE REVIEWED . THE RESULT OF THIS REVIEW SHALL BE COMMUNICATED TO THE COUNCIL AND THE EUROPEAN PARLIAMENT . THIS REVIEW MAY LEAD TO THE SUBMISSION BY THE COMMISSION OF A PROPOSAL FOR A REVISION OF THE PLAN IN ACCORDANCE WITH THE APPROPRIATE PROCEDURES .  ARTICLE 6  THE COMMISSION SHALL NEGOTIATE AND CONCLUDE THE CONTRACTS NEEDED TO IMPLEMENT THE SELECTED PROJECTS . TO THIS END IT SHALL DRAW UP CONTRACTS SHOWING THE RIGHTS AND OBLIGATIONS OF EACH PARTY , PARTICULARLY THE METHODS OF DISSEMINATING , PROTECTING AND EXPLOITING THE RESEARCH RESULTS AND OF MAKING ANY REIMBURSEMENT THAT MAY BE NECESSARY OF THE FUNDING GIVEN .  REGULATION ( EEC ) NO 2380/74 ( 8 ) SHALL APPLY WITH THE EXCEPTION OF THE COMMISSION'S RIGHT TO ISSUE SUBLICENCES IN CASES WHERE THERE IS A REFUSAL TO EXPLOIT THE RESULTS OF SHARED COST RESEARCH BY THE CONTRACTOR CONCERNED .  ARTICLE 7  THE COMMISSION SHALL BE RESPONSIBLE FOR THE DEFINITION AND , FOLLOWING CONSULTATION OF CREST , THE IMPLEMENTATION OF SUCH COMPLEMENTARY MEASURES TO ACCOMPANY THE STIMULATION PLAN SET OUT IN THE ANNEX AS ARE APPROPRIATE TO ENCOURAGE THE MOBILITY AND INTERCHANGE OF RESEARCHERS WITHIN THE COMMUNITY .  ARTICLE 8  THE COMMISSION SHALL BE RESPONSIBLE , FOLLOWING CONSULTATION OF THE SECTORAL MANAGEMENT AND COORDINATION ADVISORY COMMITTEES ( CGCS ) AND CREST , FOR DEFINING THE RANGE OF MEASURES TO BE IMPLEMENTED IN THE CONTEXT OF SECTORAL PROGRAMMES IN ORDER TO ENCOURAGE MOBILITY AND TRAINING AS WELL AS THE AMOUNT OF FINANCIAL RESOURCES TO BE ALLOCATED TO THESE SPECIFIC MEASURES .  ARTICLE 9  1 . IN ACCORDANCE WITH ARTICLE 228 OF THE TREATY , THE COMMUNITY MAY CONCLUDE AGREEMENTS WITH EUROPEAN NON-MEMBER STATES , WITH A VIEW TO ASSOCIATING THEM WITH THIS STIMULATION PLAN .  2 . THE COMMISSION IS AUTHORIZED TO NEGOTIATE THE AGREEMENTS REFERRED TO IN PARAGRAPH 1 .  DONE AT BRUSSELS , 12 MARCH 1985 .  FOR THE COUNCIL  THE PRESIDENT  F . M . PANDOLFI  ANNEX  STIMULATION PLAN FOR EUROPEAN SCIENTIFIC AND TECHNICAL COOPERATION AND INTERCHANGE ( 1985 TO 1988 )  1 . THE STIMULATION PLAN TAKES THE FORM OF A RANGE OF MEASURES TO AID THE MOBILITY OF RESEARCHERS , COMMUNICATION AMONG SCIENTISTS AND THE DEVELOPMENT OF COOPERATION IN THE FIELD OF RESEARCH AND DEVELOPMENT IN THE COMMUNITY .  THESE ARE THEREFORE SUPPORT MEASURES FOR RESEARCH WORKERS , TEAMS OR RESEARCH AND DEVELOPMENT ORGANIZATIONS TO FACILITATE :  - TRANSFERS OF RESEARCHERS ( WHETHER NOVICE OR EXPERIENCED ) FROM ONE COMMUNITY COUNTRY TO ANOTHER ,  - THE BRINGING TOGETHER OF EXPERTISE WHICH IS GEOGRAPHICALLY SEPARATED IN THE COMMUNITY SO THAT JOINT PROJECTS MAY BE UNDERTAKEN ,  - THE STRENGTHENING OF COMMUNICATION AND EXCHANGES OF INFORMATION WITHIN THE EUROPEAN SCIENTIFIC AND TECHNICAL SYSTEM .  2 . MEASURES TO STIMULATE INTERCHANGE AND COOPERATION APPLY TO ALL FIELDS COVERED BY THE EXACT AND NATURAL SCIENCES ; THE FOLLOWING FIELDS WILL BE GIVEN OBVIOUS ATTENTION :  - CHEMISTRY : PARTICULARLY SYNTHETIC CHEMISTRY , COMPOSITE MATERIALS AND MONOMER CHEMISTRY ,  - " BIOCOMMUNICATION " ,  - EARTH SCIENCES : ALL ASPECTS RELATING TO STRUCTURES AND MATERIALS ,  - OPTICS : PARTICULARLY RESEARCH INVOLVING INTEGRATED OPTICS ,  - MATHEMATICS AND DATA PROCESSING ,  - OCEANOGRAPHY : MARINE SCIENCES ,  - SURFACE CHEMISTRY AND PHYSICS : PRINCIPALLY CATALYSIS , INTERSURFACE EXCHANGES , POLYMER-METAL ADHESION ,  - SCIENTIFIC INSTRUMENTATION .  3 . IN THE FIELD IN WHICH SUPPORT WILL BE GRANTED , MULTINATIONAL PROJECTS CONCERNED BY COMMUNITY ASSISTANCE MEASURES WILL BE CHOSEN ON THE BASIS OF THEIR QUALITY , THE EXTENT TO WHICH THEY ARE MULTIDISCIPLINARY IN CONTENT , THEIR INNOVATIVE ASPECTS AND THEIR VALUE IN TERMS OF BREAKING DOWN BARRIERS BETWEEN DIFFERENT FORMS OF R AND D .  4 . THE STIMULATION PLAN WILL BE IMPLEMENTED BY MAKING USE OF :  - MULTISECTORAL INCENTIVE MEASURES : LABORATORY TWINNINGS , OPERATIONS , RESEARCH GRANTS . THESE ACTIONS IMPLY A EUROPEAN NETWORK OF RESEARCH CENTRES , ON WHICH THEY WILL RELY ;  - CONTEXTUAL MEASURES TO ENCOURAGE THE MOBILITY OF SCIENTISTS : EXAMINATION OF THE FEASIBILITY OF A RESEARCHERS' TRAVEL VOUCHER , THE ORGANIZATION OF CONCENTRATION MEETINGS BETWEEN MEMBER STATES TO ORGANIZE A CAREER ENDORSEMENT FOR RESEARCHERS WHO HAVE WORKED ABROAD , AN ATTEMPT TO ESTABLISH AN INVENTORY OF NATIONAL POSSIBILITIES FOR EXCHANGE AND COOPERATION .  5 . THE CHOICE OF STIMULATION INCENTIVE MEASURES AND THE TEAMS CONCERNED WILL BE MADE BY THE COMMISSION WHICH , WITH THE HELP OF THE COMMITTEE FOR THE EUROPEAN DEVELOPMENT OF SCIENCE AND TECHNOLOGY ( CODEST ) , WILL MAKE USE OF A PEER REVIEW SYSTEM . THE COMMISSION WILL SEE TO IT THAT THERE IS CONSISTENCY BETWEEN STIMULATION ACTIVITIES AND PROGRAMMED R AND D ACTIVITIES BY CONSULTING THE COMMITTEES SET UP UNDER ITS AEGIS TO ASSIST IT IN PROGRAMME MANAGEMENT .  THE CONTEXTUAL AND SECTORAL MEASURES WILL BE SPECIFIED AFTER CONSULTING CREST AND THE RELEVANT CGCS AND WILL BE IMPLEMENTED FOLLOWING A FAVOURABLE OPINION FROM THESE COMMITTEES .  6 . THE COMMISSION WILL AT THE SAME TIME UNDERTAKE A SERIES OF CONSULTATIONS , SURVEYS AND SEMINARS WITH THE COOPERATION OF COMMUNITY SCIENTIFIC AND TECHNICAL CIRCLES IN ORDER TO ANALYZE AND EVALUATE SCIENTIFIC AND TECHNICAL NEEDS AND OPPORTUNITIES , WITH THE AIM OF PROVIDING MORE DETAIL TO THE CONTENT OF THE STIMULATION PLANS .  THE COMMISSION WILL COOPERATE CLOSELY WITH THE NATIONAL AUTHORITIES TO ENSURE CONSISTENCY BETWEEN THESE ACTIVITIES AND NATIONAL POLICIES ON RESEARCH STIMULATION .  IN THIS CONNECTION , THE COMMISSION WILL CARRY OUT DIRECTLY WITH THE COMPETENT AUTHORITIES OF THE MEMBER STATES ALL NECESSARY CHECKS TO ENSURE THAT THERE IS NO WASTAGE AS A RESULT OF DUPLICATION OR ANY UNACCEPTABLE INTERFERENCE IN NATIONAL RESEARCH AND DEVELOPMENT POLICIES . IN ADDITION , THE COMMISSION WILL KEEP THE COUNCIL REGULARLY INFORMED OF CURRENT WORK .


Avis juridique important

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32001D0918

2001/918/EC: Council Decision of 3 December 2001 on the conclusion of an Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks

Official Journal L 342 , 27/12/2001 P. 0042 - 0044

Council Decisionof 3 December 2001on the conclusion of an Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks(2001/918/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2), and Article 300(4) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other, hereinafter referred to as the "Stabilisation and Association Agreement", was initialled on 14 May 2001 and signed on 29 October 2001. Article 27(4) of the Stabilisation and Association Agreement provides that the trade arrangements to apply to wine and spirits products remains to be defined.(2) In accordance with the Directives adopted by the Council on 13 November 2000, the Commission and the Republic of Croatia reached agreement on 20 April 2001 on new reciprocal trade concessions for certain wines and on the reciprocal recognition, protection and control of wine names and spirits designations. In order to ensure consistency within the overall stabilisation process, the results of these negotiations should be integrated into the framework of the Stabilisation and Association Agreement in the form of an Additional Protocol.(3) Provisions to adopt the implementing Regulations on preferential trade concessions provided for certain wines should be made by the Commission, assisted by the Customs Code Committee set up by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1), notwithstanding Article 62 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(2). The Commission is to make the necessary amendments and technical adaptations to the implementing Regulations which might result from new preferential agreements, protocols, Exchanges of Letters or other acts concluded between the European Community and the Republic of Croatia, or which are necessary following the changes to the Combined Nomenclature and TARIC codes.(4) In order to facilitate the implementation of certain provisions of the Protocol, the Commission should be authorised to approve, on behalf of the Community, decisions amending the lists and the Protocols to the Agreement on the reciprocal recognition, protection and control of wine names (Annex II to the Protocol) and to the Agreement on the reciprocal recognition, protection and control of designations of spirits and aromatised drinks (Annex III to the Protocol). In adopting these acts, the Commission should be assisted by the Management Committee for Wine set up by Article 74 of Regulation (EC) No 1493/1999, on the one hand, and by the Implementation Committee for Spirit Drinks set up by Article 13 of Council Regulation (EC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks(3) and the Implementation Committee for aromatised wines set up by Article 12 of Council Regulation (EEC) No 1601/1991 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails(4), on the other hand.(5) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5),HAS DECIDED AS FOLLOWS:Article 1The Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks (hereinafter referred to as "the Protocol"), is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 21. The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Community, in order to express the consent of the Community to be bound.2. The President of the Council shall, on behalf of the Community, make the notification of approval provided for in Article 3 of the Protocol.Article 3Provisions for the application of the tariff quotas for certain wines provided in Annex I to the Protocol, as well as amendments and technical adaptations to the implementing Regulations necessary following changes to the Combined Nomenclature codes and to the TARIC subdivisions or arising from the conclusion of new agreements, protocols, Exchanges of Letters or other acts between the Community and the Republic of Croatia, shall be adopted by the Commission according to the procedure set out in Article 4(2) of this Decision, without prejudice to Article 62 of Regulation (EC) No 1493/1999.Article 41. The Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 51. For the purposes of the decisions of the Stabilisation and Association Committee concerning the establishment of lists of protected names provided for in Article 4(7) and Article 14(2)(a) of the Agreement on the reciprocal recognition, protection and control of wine names, the Community's position shall be established by the Council acting by qualified majority on a proposal from the Commission.2. Without prejudice to paragraph 1, for the purposes of Articles 13 and 14 of the Agreement on the reciprocal recognition, protection and control of wine names, the Commission shall conclude the necessary acts amending the lists and the Protocol to the Agreement according to the procedure set out in Article 6(2) of this Decision. For all other cases coming under the above Articles, the Community position shall be established and presented by the Commission.Article 61. The Commission shall be assisted by the Management Committee for Wine set up by Article 74 of Regulation (EC) No 1493/1999.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 71. For the purposes of the decisions of the Stabilisation and Association Committee concerning the establishment of lists of protected designations provided for in Article 4(5) and Article 14(2)(a) of the Agreement on the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, the Community's position shall be established by the Council acting by qualified majority on a proposal from the Commission.2. Without prejudice to paragraph 1, for the purposes of Articles 13 and 14 of the Agreement on the reciprocal recognition, protection and control of designations for spirit and aromatised drinks, the Commission shall conclude the necessary acts amending the lists and the Protocol to the Agreement according to the procedure set out in Article 8(2) of this Decision. For all other cases coming under the above Articles, the Community position shall be established and presented by the Commission.Article 81. The Commission shall be assisted by the Implementation Committee for Spirit Drinks set up by Article 13 of Regulation (EEC) No 1576/89 and by the Implementation Committee for Aromatised Wines, Aromatised Wine-Based Drinks and Aromatised Wine-product Cocktails set up by Article 12 of Regulation (EEC) No 1601/91.2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at one month.3. The Committees shall adopt their rules of procedure.Article 9This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 3 December 2001.For the CouncilThe PresidentF. Vandenbroucke(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).(2) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).(3) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by Regulation (EC) No 3378/94 of the European Parliament and of the Council (OJ L 366, 31.12.1994, p. 1).(4) OJ L 149, 14.6.1991, p. 1. Regulation as last amended by Regulation (EC) No 2061/96 of the European Parliament and of the Council (OJ L 277, 30.10.1996, p. 1).(5) OJ L 184, 17.7.1999, p. 23.


title: Council Decision of 30 November 2009 amending the Decision of the Executive Committee set up by the 1990 Schengen Convention, amending the Financial Regulation on the costs of installing and operating the technical support function for the Schengen Information System (C.SIS)

text:
               20.1.2010

               EN

               Official Journal of the European Union

               L 14/9

         COUNCIL DECISION
   of 30 November 2009
   amending the Decision of the Executive Committee set up by the 1990 Schengen Convention, amending the Financial Regulation on the costs of installing and operating the technical support function for the Schengen Information System (C.SIS)
   (2010/32/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the provisions of Articles 92, 92A and 119 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (the 1990 Schengen Convention) (1),
   Whereas:

               (1)

               The 1990 Schengen Convention provides that the costs arising from the installation and operation of C.SIS, including the cost of the wide-area network, and its encryption, connecting the national sections of the Schengen Information System (SIS) to the C.SIS shall be borne jointly by the Contracting Parties.

               (2)

               The financial obligations arising from the installation and operation of the C.SIS are regulated by a specific Financial Regulation, as amended by the Decision of the Schengen Executive Committee of 15 December 1997 amending the Financial Regulation on C.SIS (2) (hereinafter the ‘C.SIS Financial Regulation’).

               (3)

               As regards the communication infrastructure for the Schengen environment, the Deputy Secretary-General of the Council was authorised by Decision 1999/870/EC (3) and Decision 2007/149/EC (4) to act, in the context of the integration of the Schengen acquis within the European Union, as the representative of certain Member States for the purposes of concluding and managing contracts relating to the installation and the functioning of the communication infrastructure for the Schengen environment, ‘SISNET’ pending its migration to a communication infrastructure under the responsibility of the European Union.

               (4)

               The financial obligations arising from the installation and the functioning of the communication infrastructure for the Schengen environment under those contracts are regulated by a specific Financial Regulation established by Council Decision 2000/265/EC (5).

               (5)

               The C.SIS Financial Regulation and the SISNET Financial Regulation apply to Denmark, Finland and Sweden, and to Iceland and Norway by virtue of Council Decision 2000/777/EC (6), to the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and the Slovak Republic by virtue of Council Decision 2007/471/EC (7), and to Switzerland by virtue of Council Decision 2008/421/EC (8). Bulgaria, Romania and Liechtenstein are also to participate in the provisions of these Financial Regulations from the dates to be set by the Council in accordance with Article 4(2) of the 2005 Act of Accession and in accordance with Article 10 of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, respectively.

               (6)

               The management by the same entity of the technical support function and of the wide-area network, including encryption, connecting it to the national sections of the SIS, including all the financial obligations stemming from their installation and operation, should make proceedings smooth, ensuring synergies and saving efforts.

               (7)

               The technical support function is currently managing the encryption of the network connecting the national sections to the technical support function.

               (8)

               The budget for the technical support function of the SIS in Strasbourg should therefore include the budget for the wide-area network, including encryption, connecting the national sections of the SIS to the technical support function, from a date to be determined by a unanimous decision of the representatives of the Member States concerned.

               (9)

               As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis
                   (9) which fall within the area referred to in Article 1, point G, of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (10).

               (10)

               As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis
                   (11), which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (12) and Article 3 of Council Decision 2008/149/JHA (13).

               (11)

               As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement, which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/261/EC (14) and Article 3 of Council Decision 2008/262/JHA (15).

               (12)

               The United Kingdom is taking part in this Decision, in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and the Treaty establishing the European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (16).

               (13)

               Ireland is taking part in this Decision, in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and the Treaty establishing the European Community, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (17).

               (14)

               As regards the Republic of Cyprus, this Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.

               (15)

               This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 4(2) of the 2005 Act of Accession,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Decision of the Executive Committee set up by the 1990 Schengen Convention, amending the Financial Regulation on the costs of installing and operating the technical support function for the Schengen Information System (C.SIS) is hereby amended as follows:

               (a)

               The title of the C.SIS Financial Regulation shall be:

               (b)

               The first paragraph of Title I shall be:
               ‘The budget for the technical support function of the Schengen Information System in Strasbourg, including the wide-area network, including encryption, connecting the national sections of the Schengen Information System to the technical support function, provided for in Articles 92, 92A and 119 of the Schengen Agreement of 14 June 1985, hereinafter the “C.SIS”, shall be made up of:’.

         Article 2
   This Decision shall enter into force on the date of its adoption. It shall become applicable with effect from a date to be determined by a unanimous decision of the representatives of the Member States concerned.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  OJ L 239, 22.9.2000, p. 19.

      (2)  OJ L 239, 22.9.2000, p. 444.

      (3)  OJ L 337, 30.12.1999, p. 41.

      (4)  OJ L 66, 6.3.2007, p. 19.

      (5)  OJ L 85, 6.4.2000, p. 12.

      (6)  OJ L 309, 9.12.2000, p. 24.

      (7)  OJ L 179, 7.7.2007, p. 46.

      (8)  OJ L 149, 7.6.2008, p. 74.

      (9)  OJ L 176, 10.7.1999, p. 36.

      (10)  OJ L 176, 10.7.1999, p. 31.

      (11)  OJ L 53, 27.2.2008, p. 52.

      (12)  Council Decision of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

      (13)  Council Decision of 28 January 2008 on the conclusion on behalf of the European Union of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 50).

      (14)  OJ L 83, 26.3.2008, p. 3.

      (15)  OJ L 83, 26.3.2008, p. 5.

      (16)  OJ L 131, 1.6.2000, p. 43.

      (17)  OJ L 64, 7.3.2002, p. 20.


title: Commission Decision of 30 August 2017 appointing the members of the group for technical advice on organic production and drawing up the pool list

text:
               31.8.2017

               EN

               Official Journal of the European Union

               C 287/3

         COMMISSION DECISION
   of 30 August 2017
   appointing the members of the group for technical advice on organic production and drawing up the pool list
   (2017/C 287/03)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision 2009/427/EC of 3 June 2009 establishing the expert group for technical advice on organic production (1), and in particular Article 4(2) thereof,
   Whereas:

               (1)

               By Decision 2009/427/EC the Commission has set up the expert group for technical advice on organic production (‘the group’).

               (2)

               Pursuant to Article 4(2) of Decision 2009/427/EC the Commission has adopted Decision 2010/C 262/03 (2) appointing the members of the group and drawing up a pool list of candidates for a period of application of that Decision ending on 31 December 2013. The application of that Decision has been extended until 31 December 2016.

               (3)

               By Commission Decision 2017/C 273/03 (3) the mandate of the members of the group provided for in Article 4(5) of Decision 2009/427/EC has been extended to a four-year term.

               (4)

               In line with Article 4(2) of Decision 2009/427/EC and with Commission’s policy on transparency a call for applications for experts was published in the Register of Commission Expert Groups and Other Similar Entities. The dossiers submitted by applicants were evaluated and based on the evaluation a selection was made allowing to draw up a list of permanent members and a list for the pool of experts.

               (5)

               To complete the selection procedure the Commission has to appoint new members of the group for a four-year mandate and to draw up a new pool list of candidates,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The names of the permanent members of the expert group for technical advice on organic production are listed in Part A of the Annex.
   The names of the members of the pool of candidates are listed in Part B of the Annex.
   Article 2
   This Decision shall enter into force on the day of its adoption and shall apply until 15 July 2021.

      Done at Brussels, 30 August 2017.

            For the Commission

         Phil HOGAN

            Member of the Commission

      (1)  OJ L 139, 5.6.2009, p. 29.

      (2)  Commission Decision of 28 September 2010 appointing the members of the group for technical advice on organic production and drawing up the pool list (OJ C 262, 29.9.2010, p. 3).

      (3)  Commission Decision of 16 August 2017 amending Decision 2009/427/EC establishing the expert group for technical advice on organic production (OJ C 273, 18.8.2017, p. 3).

      ANNEX
      A.   List in alphabetical order of the experts appointed as permanent members of the group

                  —

                  BAŃKOWSKA Katarzyna Daniela

                  —

                  BESTE Andrea

                  —

                  BLANCO PENEDO María Isabel

                  —

                  BOURIN Marie

                  —

                  CENSKOWSKY Udo

                  —

                  LEMBO Giuseppe

                  —

                  MARCHAND Patrice

                  —

                  MICHELONI Cristina

                  —

                  MINGUITO Pablo

                  —

                  OUDSHOORN Frank Willem

                  —

                  QUINTANA FERNÁNDEZ Paula

                  —

                  SOSSIDOU Evangelia

                  —

                  VOGT-KAUTE Werner

            B.   List in alphabetical order of the experts appointed as members of the pool of candidates

                  —

                  BALL Keith Haywood

                  —

                  BECQUET Stéphane

                  —

                  BICKEL Regula

                  —

                  BRUNS Silke Esmeralda

                  —

                  CANNON Nicola

                  —

                  CZUBAK Wawrzyniec Maciej

                  —

                  DAVID Christophe

                  —

                  DE CARA GARCÍA Francisco Miguel

                  —

                  DE MARTINIS Domenico

                  —

                  ECKERT Georg

                  —

                  ESTEVEZ Alicia

                  —

                  FRÜH Barbara

                  —

                  GONZÁLVEZ PÉREZ Victor

                  —

                  HITCHINGS Roger Michael

                  —

                  KABOURAKIS Emmanouil

                  —

                  KELDERER Markus

                  —

                  KOLLER Martin

                  —

                  LEENSTRA Ferry

                  —

                  LISTE RUIZ Maria Guiomar

                  —

                  MALUSÁ Eligio

                  —

                  MARTELLI Giovanna

                  —

                  MASTRORILLI Marcello

                  —

                  MOLTENI Roberto

                  —

                  NAGYOVA Eva

                  —

                  NATSARIDU Pepa

                  —

                  OLIVEIRA ALCOBIA Maria Dulce Crisóstomo

                  —

                  OTT Pierre

                  —

                  PEYREMORTE David

                  —

                  REINERS Eckhard

                  —

                  RIVA Francesco

                  —

                  RODRÍGUEZ FERNÁNDEZ-ALBA Amadeo

                  —

                  ROINSARD Antoine

                  —

                  SPEISER Bernhard

                  —

                  STADTLANDER Timo

                  —

                  TUPASELA Tuomo Markus

                  —

                  UBALDE BAULÓ Josep Miquel

                  —

                  VAN DEN BERGE Paul Hendrik Pieter

                  —

                  VIDAL Rodolphe

                  —

                  VILLAHERMOSA JAÉN Javier


Avis juridique important

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32002D0999

2002/999/EC: Council Decision of 11 December 2002 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 1 July 2002 to 30 June 2006

Official Journal L 349 , 24/12/2002 P. 0043 - 0044

Council Decisionof 11 December 2002on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 1 July 2002 to 30 June 2006(2002/999/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) In accordance with the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal(1), the two parties held negotiations with a view to determining the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol.(2) As a result of these negotiations, a new Protocol was initialled on 25 June 2002.(3) The Protocol provides Community fishermen with fishing opportunities in waters under the sovereignty or jurisdiction of Senegal for the period from 1 July 2002 to 30 June 2006.(4) The new Protocol must come into force as soon as possible to enable Community vessels to resume fishing. Both parties therefore initialled an Agreement in the form of an Exchange of Letters, temporarily applying the Protocol from 1 July 2002. The Agreement in the form of an Exchange of Letters should therefore be concluded, subject to a final decision pursuant to Article 37 of the Treaty.(5) The allocation of the fishing opportunities among the Member States, their obligation to report catches and the obligation for Community shipowners to land tuna catches in Senegal at their own expense in accordance with point C of the Annex to the Protocol should be laid down,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 1 July 2002 to 30 June 2006 is hereby approved on behalf of the Community.The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.Article 2The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:>TABLE>If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 3The obligation of direct landing by freezer tuna seiners set out in point C (c) of the Annex to the Protocol shall be met by Community shipowners on the basis of the following breakdown:- vessels flying the French flag: 44 %- vessels flying the Spanish flag: 56 %.Article 4The Member States whose vessels fish under this Decision shall be required to notify the Commission of the quantities of each stock caught in the Senegalese fishing zone in accordance with Commission Regulation (EC) No 500/2001(2).Article 5The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Brussels, 11 December 2002.For the CouncilThe PresidentT. Pedersen(1) OJ L 226, 29.8.1980, p. 17.(2) OJ L 73, 15.3.2001, p. 8.


title: 2008/533/EC: Decision of the European Parliament of 24 April 2007 on the discharge for the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/170

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2005
   (2008/533/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2005, together with the Centre's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (4), and in particular Article 23 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 for Environment, Public Health and Food Safety (A6-0119/2007),

               1.

               Grants the executive director of the European Centre for Disease Prevention and Control discharge for the implementation of the Centre's budget for the financial year 2005;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the executive director of European Centre for Disease Prevention and Control, 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 266, 31.10.2006, p. 31.

      (2)  OJ C 312, 19.12.2006, p. 54.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 142, 30.4.2004, p. 1.

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

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/171

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2005
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2005, together with the Centre's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (4), and in particular Article 23 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 for Environment, Public Health and Food Safety (A6-0119/2007),

               A.

               whereas the Court of Auditors stated, that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2005 were reliable and that the underlying transactions, taken as a whole, were legal and regular;

         General points concerning the majority of EU Agencies requiring individual discharge

               1.

               Considers that the ever-growing number of Community Agencies and the activities of certain of them do not seem to form part of an overall policy framework, and that the remits of some Agencies do not always reflect the real needs of the Union or the expectations of its citizens, and notes that in general terms the Agencies do not always have a good image or a good press;

               2.

               Invites the Commission therefore to define an overall policy framework for the setting up of new Community Agencies and to present a cost-benefit study before the setting up of any new Agency, while being careful to avoid any overlap of activities between Agencies or with the remits of other European organisations;

               3.

               Calls on the Court of Auditors to give its opinion on the cost-benefit study before Parliament takes its decision;

               4.

               Invites 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;

               5.

               Considers it regrettable, given the growing number of regulatory Agencies, that the negotiations on the draft interinstitutional agreement on the operating framework for the European regulatory Agencies have not yet been concluded, and calls on the relevant departments of the Commission, in consultation with the Court of Auditors, to do their utmost to ensure that the agreement is brought to a rapid conclusion;

               6.

               Notes that the Commission's budgetary responsibility calls for closer linking of the Agencies to the Commission; calls on the Commission and the Council to take all necessary steps to give the Commission a blocking minority in the supervisory bodies of the regulatory Agencies by 31 December 2007 and to provide for such a minority from the outset when new Agencies are set up;

               7.

               Invites the Court of Auditors to create an additional chapter in its Annual Report, devoted to all Agencies to be discharged under the Commission's accounts in order to have a much clearer picture of the use of EU funds by Agencies;

               8.

               Recalls the principle according to which all Community Agencies, whether subsidised or not, are subject to discharge by the Parliament, even where a discharge authority exists by virtue of their constitutive texts;

               9.

               Calls on the Court of Auditors to perform performance audits for all Agencies and to report back to the relevant committees of Parliament, including the Committee on Budgetary Control;

               10.

               Notes that the number of Agencies is constantly increasing and that, in accordance with the Commission's political responsibility for the operation of the Agencies, which goes far beyond mere logistical support, there is an even higher need for the Directorates-General of the Commission charged with the setting up and monitoring of Agencies to develop a common approach to the Agencies; considers that a structure similar to the one created by the Agencies for coordination among the DGs concerned would be a pragmatic way forward towards a common approach by the Commission on all matters relating to the Agencies;

               11.

               Invites the Commission to improve administrative and technical support to the Agencies, taking into account the growing complexity of the Community's administrative rules and technical problems;

               12.

               Notes the lack of a disciplinary body in any of the Community Agencies, and calls on the Commission to take the necessary steps to ensure that such a mechanism is rapidly put in place;

               13.

               Welcomes the considerable improvements in the coordination among the Agencies, which allows them to tackle recurring problems and makes cooperation with the Commission and Parliament more efficient;

               14.

               Takes the view that the establishment by a number of Agencies of a shared support service aimed at making their computerised financial management systems consistent with those of the Commission is a measure that should be taken further and extended;

               15.

               Calls upon the Agencies to improve their cooperation and benchmarking with actors in the field; urges the Commission to adopt any measures it considers necessary to help the Agencies enhance their image and raise the profile of their activities;

               16.

               Calls upon the Commission to come up with a proposal to harmonise the format of the annual reporting by the Agencies and to develop performance indicators which would allow a comparison of their efficiency;

               17.

               Invites the Agencies to present at the beginning of every year performance indicators against which they could be measured;

               18.

               Invites all Agencies to increasingly use SMART objectives which should lead to more realistic planning and implementation of goals;

               19.

               Agrees with the Court of Auditors that the Commission also bears responsibility for the (financial) management of the Agencies; therefore, urges the Commission to monitor and where necessary direct and help the management of the different Agencies, especially in relation to the proper application of tender procedures, transparency of recruitment procedures, sound financial management (underspending and overbudgeting) and most importantly the proper application of the rules concerning the internal control framework;

               20.

               Considers that the Agencies' work programmes should express their contributions in operational and measurable terms and that due consideration should be given to the Commission's Internal Control Standards;

         Specific points

               21.

               Notes that the implementation of the budget for the financial year 2005 was marked by a low rate of commitment (84 %) and a substantial rate of carry-overs (35 % overall and almost 90 % for operating expenditure); notes that this situation was in part due to problems inherent in the Centre's start-up period;

               22.

               Notes that the Centre's establishment phase was given a further boost by the global concern over a potential influenza pandemic; congratulates the Centre on its ability to consolidate its position in the field of surveillance of communicable diseases in a very short time;

               23.

               Points out that the Commission (DG SANCO) was responsible for the budgetary management of the Centre in 2005;

               24.

               Notes that no activity-based management has been brought in, despite the Centre's financial regulation making provision for its introduction, on the lines of that applied to the general budget, with a view to improving the monitoring of performance;

               25.

               Insists that requests to the Commission for the payment of subsidies should be justified by a forecast of cash needs (6) and regrets that the Centre had no such system for producing forecasts;

               26.

               Notes that the Centre's financial regulation stipulates that the authorising officer should make a budgetary commitment before entering into a legal commitment in relation to third parties and regrets that no budgetary commitments were made for the Centre's expenditure in 2005 prior to such legal commitments; regrets that for the same period, all the Centre's payments were made by the accounting officer without the authorising officer having issued any payment orders (7);

               27.

               Notes that contrary to the provisions of the Centre's financial regulation, its accounts were not kept in accordance with the double-entry method during 2005, thus creating the risk of errors; insists that this should be rectified as soon as possible;

               28.

               Notes that there were shortcomings in the documentation of the Centre's staff selection procedures (lack of formalisation of decisions on the appointment and composition of selection boards, lack of final report by selection boards on their work); insists on the strict application of its selection procedures.

      (1)  OJ C 266, 31.10.2006, p. 31.

      (2)  OJ C 312, 19.12.2006, p. 54.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 142, 30.4.2004, p. 1.

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

      (6)  Article 50 of the Centre's financial regulation.

      (7)  Article 66 of the Centre's financial regulation.


title: Council Decision 2010/800/CFSP of 22 December 2010 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Common Position 2006/795/CFSP

text:
               23.12.2010

               EN

               Official Journal of the European Union

               L 341/32

         COUNCIL DECISION 2010/800/CFSP
   of 22 December 2010
   concerning restrictive measures against the Democratic People's Republic of Korea and repealing Common Position 2006/795/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 20 November 2006, the Council adopted Common Position 2006/795/CFSP concerning restrictive measures against the Democratic People's Republic of Korea (1) (the ‘DPRK’) which implemented United Nations Security Council Resolution (‘UNSCR’) 1718 (2006).

               (2)

               On 27 July 2009, the Council adopted Common Position 2009/573/CFSP (2) which amended Common Position 2006/795/CFSP and implemented UNSCR 1874 (2009).

               (3)

               On 22 December 2009, the Council adopted Decision 2009/1002/CFSP (3) which amended Common Position 2006/795/CFSP.

               (4)

               In accordance with Article 7(2) of Common Position 2006/795/CFSP, the Council has carried out a complete review of the lists as set out in Annexes II and III to that Common Position, of persons to whom and entities to which Articles 3(1)(b) and (c) and 4(1)(b) and (c) thereof applied. The Council has concluded that the persons and entities concerned should continue to be subject to restrictive measures.

               (5)

               The Council has identified additional persons and entities that should be subject to restrictive measures.

               (6)

               The procedure for amending Annexes I and II to this Decision should include providing to designated persons and entities the grounds for listing so as to give them an opportunity to present observations. Where observations are submitted or where substantial new evidence is presented, the Council should review its decision in the light of those observations and inform the person or entity concerned accordingly.

               (7)

               This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial, the right to property and the right to the protection of personal data. This Decision should be applied in accordance with those rights and principles.

               (8)

               This Decision also fully respects the obligations of Member States under the Charter of the United Nations and the legally binding nature of Security Council Resolutions.

               (9)

               Common Position 2006/795/CFSP should be repealed and replaced by this Decision.

               (10)

               The Union implementing measures are set out in Council Regulation (EC) No 329/2007 of 27 March 2007 concerning restrictive measures against the Democratic People's Republic of Korea (4),

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The direct or indirect supply, sale or transfer of the following items and technology, including software, to the DPRK by nationals of Member States or through or from the territories of Member States, or using the flag vessels or aircraft of Member States, shall be prohibited, whether or not originating in the territories of the Member States:

               (a)

               arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, with the exception of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the Union and its Member States in the DPRK;

               (b)

               all items, materials, equipment, goods and technology as determined by the Security Council or the Committee established pursuant to paragraph 12 of UNSCR 1718 (2006) (the ‘Sanctions Committee’) in accordance with paragraph 8(a)(ii) of UNSCR 1718 (2006), which could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes;

               (c)

               certain other items, materials, equipment, goods and technology which could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or which could contribute to its military activities, which shall include all dual-use goods and technology listed in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (5). The Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.

         2.   It shall also be prohibited to:

               (a)

               provide technical training, advice, services, assistance or brokering services, related to items and technology referred to in paragraph 1 or to the provision, manufacture, maintenance and use of those items, directly or indirectly to any person, entity or body in, or for use in, the DPRK;

               (b)

               provide financing or financial assistance related to items and technology referred to in paragraph 1, including, in particular, grants, loans and export credit insurance, for any sale, supply, transfer or export of these items and technology, or for the provision of related technical training, advice, services, assistance, or brokering services, directly or indirectly to any person, entity or body in, or for use in, the DPRK;

               (c)

               to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibition referred to in points (a) and (b).

         3.   The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of items or technology referred to in paragraph 1, as well as the provision to nationals of Member States by the DPRK of technical training, advice, services, assistance, financing and financial assistance referred to in paragraph 2, shall also be prohibited, whether or not originating in the territory of the DPRK.
   Article 2
   1.   Member States shall not enter into new commitments for grants, financial assistance or concessional loans to the DPRK, including through their participation in international financial institutions, except for humanitarian and developmental purposes directly addressing the need of the civilian population or the promotion of denuclearisation. Member States shall also exercise vigilance with a view to reducing current commitments and, if possible, putting an end to them.
   2.   Member States shall not provide public financial support for trade with the DPRK, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade, where such financial support could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or activities.
   Article 3
   The direct or indirect supply, sale or transfer of luxury goods to the DPRK by nationals of Member States or through or from the territories of Member States, or using the flag vessels or aircraft of Member States, shall be prohibited whether originating or not in the territories of Member States.
   Article 4
   1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:

               (a)

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

               (b)

               the persons not covered by Annex I who are responsible for, including through supporting or promoting, the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, as listed in Annex II;

               (c)

               the persons not covered by Annex I or Annex II who provide financial services or the transfer to, through, or from the territory of Member States, or involving nationals of Member States or entities organised under their laws, or persons or financial institutions in their territory, of any financial or other assets or resources that could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, as listed in Annex III.

         2.   Paragraph 1(a) shall not apply where the Sanctions Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligations, or where the Sanctions Committee concludes that an exemption would otherwise further the objectives of UNSCR 1718 (2006) or UNSCR 1874 (2009).
   3.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
   4.   Paragraph 1 shall be without prejudice to cases where a Member State is bound by an obligation of international law, namely:

               (a)

               as a host country of an international intergovernmental organisation;

               (b)

               as a host country to an international conference convened by, or under the auspices of, the United Nations;

               (c)

               under a multilateral agreement conferring privileges and immunities;

               (d)

               under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

         5.   Paragraph 4 shall also be considered as applying in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
   6.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 4 or 5.
   7.   Member States may grant exemptions from the measures imposed in paragraph 1(b) and (c) where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in the DPRK.
   8.   A Member State wishing to grant exemptions referred to in paragraph 7 shall notify the Council thereof in writing. The exemption shall be deemed to be granted unless one or more of the Council Members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council Members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
   9.   In cases where, pursuant to paragraphs 4, 5 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annexes I, II or III, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
   Article 5
   1.   All funds and economic resources belonging to, owned, held or controlled, directly or indirectly, by:

               (a)

               the persons and entities designated by the Sanctions Committee or by the Security Council as being engaged in or providing support for, including through illicit means, the DPRK's nuclear-related, ballistic missiles-related or other weapons of mass destruction-related programmes, as listed in Annex I;

               (b)

               the persons and entities not covered by Annex I that are responsible for the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, as listed in Annex II;

               (c)

               the persons and entities not covered by Annex I or Annex II that provide financial services or the transfer to, through, or from the territory of Member States, or involving nationals of Member States or entities organised under their laws, or persons or financial institutions in their territory, of any financial or other assets or resources that could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, as listed in Annex III,

         shall be frozen.
   2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of persons and entities referred to in paragraph 1.
   3.   Exemptions may be made for funds and economic resources which are:

               (a)

               necessary to satisfy basic needs, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

               (b)

               intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services; or

               (c)

               intended exclusively for the payment of fees or service charges, in accordance with national laws, for the routine holding or maintenance of frozen funds and economic resources,

         after notification by the Member State concerned to the Sanctions Committee, for persons and entities listed in Annex I, of the intention to authorise, where appropriate, access to such funds and economic resources and in the absence of a negative decision by the Sanctions Committee within five working days of such notification.
   4.   Exemptions may also be made for funds and economic resources which are:

               (a)

               necessary for extraordinary expenses, after notification by the Member State concerned to and approval by the Sanctions Committee for persons and entities listed in Annex I; or

               (b)

               the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment, provided that the lien or judgment was entered prior to the date on which the person or entity referred to in paragraph 1 was designated by the Sanctions Committee, the Security Council or by the Council, and is not for the benefit of a person or entity referred to in paragraph 1, after notification by the Member State concerned to the Sanctions Committee for persons and entities listed in Annex I.

         5.   Paragraph 2 shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings on those accounts; or

               (b)

               payments due under contracts, agreements or obligations that were concluded or arose prior to 14 October 2006,

         provided that any such interest, other earnings and payments continue to be subject to paragraph 1.
   Article 6
   1.   In order to prevent the provision of financial services or the transfer to, through, or from the territory of Member States, or to or by nationals of Member States or entities organised under their laws, or persons or financial institutions within their jurisdiction, of any financial or other assets or resources that could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or activities, Member States shall exercise enhanced monitoring of the activities of financial institutions within their jurisdiction with:

               (a)

               banks domiciled in the DPRK;

               (b)

               branches and subsidiaries within the jurisdiction of the Member States of banks domiciled in the DPRK, as listed in Annex IV;

               (c)

               branches and subsidiaries outside the jurisdiction of the Member States of banks domiciled in the DPRK, as listed in Annex V; and

               (d)

               financial entities that are neither domiciled in the DPRK nor within the jurisdiction of the Member States but are controlled by persons and entities domiciled in the DPRK, as listed in Annex V,

         in order to avoid such activities contributing to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or activities.
   2.   For the above purpose, financial institutions shall be required, in their activities with banks and financial entities set out in paragraph 1, to:

               (a)

               exercise continuous monitoring over account activity, including through their programmes on customer due diligence and under their obligations relating to money-laundering and financing of terrorism;

               (b)

               require that all information fields of payment instructions which relate to the originator and beneficiary of the transaction in question be completed, and if that information is not supplied, refuse the transaction;

               (c)

               maintain all records of transactions for a period of five years and make them available to national authorities on request;

               (d)

               if they suspect or have reasonable grounds to suspect that funds could contribute to the DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or activities, promptly report their suspicions to the Financial Intelligence Unit (FIU) or another competent authority designated by the Member State concerned. The FIU or such other competent authority shall have access, directly or indirectly, on a timely basis to the financial, administrative and law enforcement information that it requires to undertake this function properly, including the analysis of suspicious transaction reports.

         Article 7
   1.   Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, all cargo to and from the DPRK in their territory, including at their airports and seaports, if they have information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited under this Decision.
   2.   Member States shall inspect vessels, with the consent of the flag State, on the high seas, if they have information that provides reasonable grounds to believe that the cargo of such vessels contains items whose supply, sale, transfer or export is prohibited under this Decision.
   3.   Member States shall cooperate, in accordance with their national legislation, with inspections pursuant to paragraphs 1 and 2.
   4.   Aircrafts and vessels transporting cargo to and from the DPRK shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.
   5.   In cases where inspection referred to in paragraphs 1 and 2 is undertaken, Member States shall seize and dispose of items whose supply, sale, transfer or export is prohibited under this Decision in accordance with paragraph 14 of UNSCR 1874 (2009).
   6.   The provision by nationals of Member States or from the territories of Member States of bunkering or ship supply services, or other servicing of vessels, to DPRK vessels shall be prohibited if they have information that provides reasonable grounds to believe that the vessels carry items whose supply, sale, transfer or export is prohibited under this Decision unless provision of such services is necessary for humanitarian purposes or until the cargo has been inspected, and seized and disposed of if necessary, in accordance with paragraphs 1, 2 and 4.
   Article 8
   Member States shall take the necessary measures to exercise vigilance and prevent specialised teaching or training of DPRK nationals, within their territories or by their nationals, of disciplines which would contribute to the DPRK's proliferation-sensitive nuclear activities and the development of nuclear weapon delivery systems.
   Article 9
   1.   The Council shall adopt modifications to Annex I on the basis of the determinations made by the Security Council or by the Sanctions Committee.
   2.   The Council, acting by unanimity on a proposal from Member States or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish the lists in Annexes II and III and adopt modifications thereto.
   Article 10
   1.   Where the Security Council or the Sanctions Committee lists a person or entity, the Council shall include such person or entity in Annex I.
   2.   Where the Council decides to subject a person or entity to the measures referred to in Articles 4(1)(b) and (c) and 5(1)(b) and (c), it shall amend Annex II accordingly.
   3.   The Council shall communicate its decision to the person or entity referred to in paragraphs 1 and 2, including the grounds for listing, either directly, if the address is known, or through the publication of a notice, providing such person or entity an opportunity to present observations.
   4.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.
   Article 11
   1.   Annexes I and II shall include the grounds for listing of listed persons and entities, as provided by the Security Council or by the Sanctions Committee with regard to Annex I.
   2.   Annexes I and II shall also include, where available, information necessary to identify the persons or entities concerned, as provided by the Security Council or by the Sanctions Committee for Annex I. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the Security Council or by the Sanctions Committee.
   Article 12
   1.   This Decision shall be reviewed, and, if necessary, amended, in particular as regards the categories of persons, entities or items or additional persons, entities or items to be covered by the restrictive measures, or taking into account relevant Security Council Resolutions.
   2.   The measures provided for in Article 6 shall be reviewed within six months of the adoption of this Decision.
   3.   The measures referred to in Articles 4(1)(b) and (c) and 5(1)(b) and (c) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 9(2), that the conditions for their application are no longer met.
   Article 13
   Common Position 2006/795/CFSP is hereby repealed.
   Article 14
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 22 December 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 322, 22.11.2006, p. 32.

      (2)  OJ L 197, 29.7.2009, p. 111.

      (3)  OJ L 346, 23.12.2009, p. 47.

      (4)  OJ L 88, 29.3.2007, p. 1.

      (5)  OJ L 134, 29.5.2009, p. 1.

      ANNEX I
      A.   List of persons referred to in Articles 4(1)(a) and 5(1)(a)

                  Name

                  Alias

                  Date of birth

                  Date of designation

                  Other information

                  1.

                  Yun Ho-jin

                  a.k.a. Yun Ho-chin

                  13.10.1944

                  16.7.2009

                  Director of Namchongang Trading Corporation; oversees the import of items needed for the uranium enrichment programme.

                  2.

                  Ri Je-son

                  a.k.a. Ri Che-son

                  1938

                  16.7.2009

                  Director of the General Bureau of Atomic Energy (GBAE), chief agency directing the Democratic People's Republic of Korea's nuclear programme; facilitates several nuclear endeavours including GBAE's management of Yongbyon Nuclear Research Centre and Namchongang Trading Corporation.

                  3.

                  Hwang Sok-hwa

                  16.7.2009

                  Director in the General Bureau of Atomic Energy (GBAE); involved in the Democratic People's Republic of Korea's nuclear programme; as Chief of the Scientific Guidance Bureau in the GBAE, served on the Science Committee inside the Joint Institute for Nuclear Research.

                  4.

                  Ri Hong-sop

                  1940

                  16.7.2009

                  Former director, Yongbyon Nuclear Research Centre, oversaw three core facilities that assist in the production of weapons-grade plutonium: the Fuel Fabrication Facility, the Nuclear Reactor, and the Reprocessing Plant.

                  5.

                  Han Yu-ro

                  16.7.2009

                  Director of Korea Ryongaksan General Trading Corporation; involved in the Democratic People's Republic of Korea's ballistic missile programme.

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

                  Name

                  Alias

                  Location

                  Date of designation

                  Other information

                  1.

                  Korea Mining Development Trading Corporation

                  a.k.a. CHANGGWANG SINYONG CORPORATION; a.k.a. EXTERNAL TECHNOLOGY GENERAL CORPORATION; a.k.a. DPRKN MINING DEVELOPMENT TRADING COOPERATION; a.k.a. ‘KOMID’

                  Central District, Pyongyang, DPRK.

                  24.4.2009

                  Primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.

                  2.

                  Korea Ryonbong General Corporation

                  a.k.a. KOREA YONBONG GENERAL CORPORATION; f.k.a. LYONGAKSAN GENERAL TRADING CORPORATION

                  Pot'onggang District, Pyongyang, DPRK; Rakwon-dong, Pothonggang District, Pyongyang, DPRK.

                  24.4.2009

                  Defence conglomerate specialising in acquisition for DPRK defence industries and support to that country's military-related sales.

                  3.

                  Tanchon Commercial Bank

                  f.k.a. CHANGGWANG CREDIT BANK; f.k.a., KOREA CHANGGWANG CREDIT BANK

                  Saemul 1-Dong Pyongchon District, Pyongyang, DPRK.

                  24.4.2009

                  Main DPRK financial entity for sales of conventional arms, ballistic missiles, and goods related to the assembly and manufacture of such weapons.

                  4.

                  Namchongang Trading Corporation

                  a.k.a. NCG; a.k.a. NAMCHONGANG TRADING; a.k.a. NAM CHON GANG CORPORATION; a.k.a. NOMCHONGANG TRADING CO.; a.k.a. NAM CHONG GAN TRADING CORPORATION

                  Pyongyang, DPRK.

                  16.7.2009

                  Namchongang is a DPRK trading company subordinate to the General Bureau of Atomic Energy (GBAE). Namchongang has been involved in the procurement of Japanese-origin vacuum pumps that were identified at a DPRK nuclear facility, as well as nuclear-related procurement associated with a German individual. It has further been involved in the purchase of aluminium tubes and other equipment specifically suitable for a uranium enrichment programme from the late 1990s. Its representative is a former diplomat who served as DPRK's representative for the International Atomic Energy Agency (IAEA) inspection of the Yongbyon nuclear facilities in 2007. Namchongang's proliferation activities are of grave concern given the DPRK's past proliferation activities.

                  5.

                  Hong Kong Electronics

                  a.k.a. HONG KONG ELECTRONICS KISH CO

                  Sanaee St., Kish Island, Iran.

                  16.7.2009

                  Owned or controlled by, or acts or purports to act for or on behalf of Tanchon Commercial Bank and KOMID. Hong Kong Electronics has transferred millions of dollars of proliferation-related funds on behalf of Tanchon Commercial Bank and KOMID (both designated by the Committee in April 2009) since 2007. Hong Kong Electronics has facilitated the movement of money from Iran to the DPRK on behalf of KOMID.

                  6.

                  Korea Hyoksin Trading Corporation

                  a.k.a. KOREA HYOKSIN EXPORT AND IMPORT CORPORATION

                  Rakwon-dong, Pothonggang District, Pyongyang, DPRK.

                  16.7.2009

                  A DPRK company based in Pyongyang that is subordinate to Korea Ryonbong General Corporation (designated by the Committee in April 2009) and is involved in the development of weapons of mass destruction.

                  7.

                  General Bureau of Atomic Energy (GBAE)

                  a.k.a. General Department of Atomic Energy (GDAE)

                  Haeudong, Pyongchen District, Pyongyang, DPRK.

                  16.7.2009

                  The GBAE is responsible for the DPRK's nuclear programme, which includes the Yongbyon Nuclear Research Centre and its 5 MWe (25 MWt) plutonium production research reactor, as well as its fuel fabrication and reprocessing facilities. The GBAE has held nuclear-related meetings and discussions with the International Atomic Energy Agency. GBAE is the primary DPRK Government agency that oversees nuclear programmes, including the operation of the Yongbyon Nuclear Research Centre.

                  8.

                  Korean Tangun Trading Corporation

                  Pyongyang, DPRK.

                  16.7.2009

                  Korea Tangun Trading Corporation is subordinate to DPRK's Second Academy of Natural Sciences and is primarily responsible for the procurement of commodities and technologies to support DPRK's defence research and development programmes, including, but not limited to, weapons of mass destruction and delivery system programmes and procurement, including materials that are controlled or prohibited under relevant multilateral control regimes.

      ANNEX II
      A.   List of persons referred to in Articles 4(1)(b) and 5(1)(b)

                  #

                  Name
                  (and possible aliases)

                  Identifying information

                  Reasons

                  1.

                  CHANG Song-taek (alias JANG Song-Taek)

                  Date of birth: 02.02.1946 or 06.02.1946 or 23.02.1946 (North Hamgyong province)
                  Passport number (as of 2006): PS 736420617

                  Member of the National Defence Commission. Director of the Administrative Department of the Korean Workers' Party.

                  2.

                  CHON Chi Bu

                  Member of the General Bureau of Atomic Energy, former technical director of Yongbyon.

                  3.

                  CHU Kyu-Chang (alias JU Kyu-Chang)

                  Date of birth: between 1928 and 1933

                  First Deputy Director of the Defence Industry Department (ballistics programme), Korean Workers' Party, Member of the National Defence Commission.

                  4.

                  HYON Chol-hae

                  Year of birth: 1934 (Manchuria, China)

                  Deputy Director of the General Political Department of the People's Armed Forces (military adviser to Kim Jong Il).

                  5.

                  JON Pyong-ho

                  Year of birth: 1926

                  Secretary of the Central Committee of the Korean Workers' Party, Head of the Central Committee's Military Supplies Industry Department controlling the Second Economic Committee of the Central Committee, member of the National Defence Commission.

                  6.

                  KIM Yong-chun (alias Young-chun)

                  Date of birth: 04.03.1935Passport number: 554410660

                  Deputy Chairman of the National Defence Commission, Minister for the People's Armed Forces, special adviser to Kim Jong Il on nuclear strategy.

                  7.

                  O Kuk-Ryol

                  Year of birth: 1931
                  (Jilin Province, China)

                  Deputy Chairman of the National Defence Commission, supervising the acquisition abroad of advanced technology for nuclear and ballistic programmes.

                  8.

                  PAEK Se-bong

                  Year of birth: 1946

                  Chairman of the Second Economic Committee (responsible for the ballistics programme) of the Central Committee of the Korean Workers' Party. Member of the National Defence Commission.

                  9.

                  PAK Jae-gyong (alias Chae-Kyong)

                  Year of birth: 1933
                  Passport number: 554410661

                  Deputy Director of the General Political Department of the People's Armed Forces and Deputy Director of the Logistics Bureau of the People's Armed Forces (military adviser to Kim Jong II).

                  10.

                  PYON Yong Rip (alias Yong-Nip)

                  Date of birth: 20.09.1929Passport number: 645310121 (issued on 13.09.2005)

                  President of the Academy of Science, involved in WMD-related biological research.

                  11.

                  RYOM Yong

                  Director of the General Bureau of Atomic Energy (entity designated by the United Nations), in charge of international relations.

                  12.

                  SO Sang-kuk

                  Date of birth: between 1932 and 1938

                  Head of the Department of Nuclear Physics, Kim Il Sung University.

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

                  #

                  Name
                  (and possible aliases)

                  Identifying information

                  Reasons

                  1.

                  Green Pine Associated Corporation (alias: Chongsong Yonhap; Ch’o’ngsong Yo’nhap)

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

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

                  2.

                  Korea Heungjin Trading Company

                  Location: Pyongyang

                  Pyongyang-based entity used by the Korea Mining Development Trading Corporation (KOMID) for trading purposes (KOMID was designated by the United Nations, 24.4.2009). Korea Heungjin Trading Company is also suspected to have been involved in supplying missile-related goods to Iran’s Shahid Hemmat Industrial Group.

                  3.

                  Korea Pugang mining and Machinery Corporation ltd

                  Subsidiary of of Korea Ryongbong General Corporation (entity designated by the United Nations, 24.04.2009); operates facilities for the production of aluminium powder, which can be used in missiles.

                  4.

                  Korea Taesong Trading Company

                  Location: Pyongyang

                  Pyongyang-based entity used by the Korea Mining Development Trading Corporation (KOMID) for trading purposes (KOMID was designated by the United Nations, 24.4.2009). Korea Taesong Trading Company has acted on behalf of KOMID in dealings with Syria.

                  5.

                  Korean Ryengwang Trading Corporation

                  Rakwon-dong, Pothonggang District, Pyongyang, North Korea

                  Subsidiary of Korea Ryongbong General Corporation (entity designated by the United Nations, 24.04.2009).

                  6.

                  Second Economic Committee and Second Academy of Natural Sciences

                  The Second Economic Committee is involved in key aspects of North Korea’s missile program. The Second Economic Committee is responsible for overseeing the production of North Korea’s ballistic missiles. It also directs the activities of KOMID (KOMID was designated by the United Nations, 24.4.2009). It is a national-level organization responsible for research and development of North Korea’s advanced weapons systems, including missiles and probably nuclear weapons. It uses a number of subordinate organizations to obtain technology, equipment, and information from overseas, including Korea Tangun Trading Corporation, for use in North Korea’s missile and probably nuclear weapons programs.

                  7.

                  Sobaeku United Corp. (alias Sobaeksu United Corp.)

                  State-owned company, involved in research into, and the acquisition, of sensitive products and equipment. It possesses several deposits of natural graphite, which provide raw material for two processing facilities, which, inter alia, produce graphite blocks that can be used in missiles.

                  8.

                  Yongbyon Nuclear Research Centre

                  Research centre which has taken part in the production of military-grade plutonium. Centre maintained by the General Bureau of Atomic Energy (entity designated by the United Nations, 16.07.2009).

      ANNEX III
      A.   List of persons referred to in Articles 4(1)(c) and 5(1)(c)

                  #

                  Name
                  (and possible aliases)

                  Identifying information

                  Reasons

                  1.

                  JON Il-chun

                  Date of birth: 24.08.1941

                  In February of 2010 KIM Tong-un was discharged from his office as director of Office 39, which is involved in proliferation financing and which is, among other things, in charge of purchasing goods out of the DPRK diplomatic representations bypassing sanctions. He was replaced by JON Il-chun. JON Il-chun is also said to be one of the leading figures in the State Development Bank.

                  2.

                  KIM Tong-un

                  Former director of "Office 39" of the Central Committee of the Workers' Party, which is involved in proliferation financing.

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

                  #

                  Name
                  (and possible aliases)

                  Identifying information

                  Reasons

                  1.

                  Korea Daesong Bank
                  (alias: Choson Taesong Unhaeng; Taesong Bank)

                  Address: Segori-dong, Gyongheung St., Potonggang District, PyongyangPhone: 850 2 381 8221
                  Phone: 850 2 18111 ext. 8221
                  Fax: 850 2 381 4576

                  North Korean financial institution that is directly subordinated to Office 39 and is involved in facilitating North Korea’s proliferation financing projects.

                  2.

                  Korea Daesong General Trading Corporation
                  (alias: Daesong Trading; Daesong Trading Company; Korea Daesong Trading Company; Korea Daesong Trading Corporation)

                  Address: Pulgan Gori Dong 1, Potonggang District, PyongyangPhone: 850 2 18111 ext. 8204/8208
                  Phone: 850 2 381 8208/4188
                  Fax: 850 2 381 4431/4432

                  Company that is subordinated to Office 39 and is used to facilitate foreign transactions on behalf of Office 39.
                  Office 39‘s Director of Office, Kim Tong-un is listed in Annex V of CR No. 1283/2009.

      ANNEX IV
      List of branches and subsidiaries referred to in Article 6(1)(b)

      ANNEX V
      List of branches, subsidiaries and financial entities referred to in Article 6(1)(c) and (d)