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31989D0285

89/285/EEC: Council Decision of 13 April 1989 accepting Resolution No 46 concerning the compliance of containers with the standards for transport of goods under customs seals - Resolution No 46 adopted on 20 November 1987 by the group of experts on customs questions affecting transport

Official Journal L 111 , 22/04/1989 P. 0039 - 0040 Finnish special edition: Chapter 2 Volume 7 P. 0033  Swedish special edition: Chapter 2 Volume 7 P. 0033

*****COUNCIL  DECISION  of 13 April 1989  accepting resolution No 46 concerning the compliance of containers with the standards for transport of goods under customs seals  (89/285/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas resolution No 46 adopted on 20 November 1987 by the Group of Experts on Customs Questions Affecting Transport of the Economic Commission for Europe (ECE) contains measures the effect of which, on the one hand, is to ensure correct application of the Customs Convention on the International Transport of Goods under cover of TIR Carnets 1975 (TIR Convention) and, on the other hand, to enable any fraud which might be committed owing to the non-compliance of containers with the standards applicable to the transport of goods under customs seal to be prevented or detected;  Whereas the said resolution may be accepted by the Community with immediate effect,  HAS DECIDED AS FOLLOWS:  Article 1  Resolution No 46 concerning the compliance of containers with the standards for transport of goods under customs seals is hereby accepted on behalf of the Community with immediate effect.  The text of the resolution is attached to this Decision.  Article 2  The President of the Council shall designate the person empowered to notify the Executive Secretary of the Economic Commission for Europe of the acceptance by the Community, with immediate effect, of resolution No 46.  Done at Luxembourg, 13 April 1989.  For the Council  The President  P. SOLBES  MEASURES TO ENSURE THE CONTINUED COMPLIANCE OF CONTAINERS WITH THE STANDARDS FOR TRANSPORT OF GOODS UNDER CUSTOMS SEALS  RESOLUTION No 46  Adopted on 20 November 1987  by the Group of Experts on Customs Questions Affecting Transport  THE GROUP OF EXPERTS ON CUSTOMS QUESTIONS AFFECTING TRANSPORT,  Bearing in mind the provisions of Articles 13 and 14 of the Customs Convention on the International Transport of Goods under cover of TIR Carnets (TIR Convention (1975)) and Annex 7 thereto,  Considering the need for continued compliance of containers with the standards for transport of goods under customs seals;  RECOMMENDS to the contracting parties to the TIR Convention (1975) the following measures to ensure the continued compliance of containers with the standards for transport of goods under customs seal (Articles 13 and 14 and Annex 7 of the TIR Convention (1975)):  1. When a container has a serious defect and consequently no longer complies with the standards under which it was approved for transport under customs seal, the customs should notify the party responsible for the container and afford him the opportunity to restore the container to the condition which had justified its approval if this can be accomplished expeditiously. After the appropriate repairs to the container, it can continue its trip under customs seal. If the container is not properly repaired or if the party concerned prefers to have the container repaired in another country where the approval of the container was given, the customs should either:  (a) refuse sealing and transport approval if sealing is considered necessary; or  (b) remove the container from circulation and have the contents transhipped to another means of transport; or  (c) allow the container to go forward under appropriate procedures which do not involve any risk of smuggling or loss or damage to the container's contents, the defect being annotated on transit documents.  If deemed necessary in order to ensure that the container will be properly repaired, the customs should cause the approval plate to be removed.  2. When the customs causes the approval plate to be removed or when a serious defect is discovered in a series of containers which renders them no longer in compliance with the standards under which they were approved for tansport under customs seal, the approval authority or, where appropriate, the customs administration responsible for the approval should be notified accordingly. The original certifying authority should be invited to participate in the recertification process when it is conducted outside the territory of that contracting party.  Note:  A container shall be considered to have a serious defect if:  (a) goods can be removed from, or introduced into, the sealed part of the container without leaving obvious traces of tampering or without breaking the customs seal;  (b) customs seals cannot be simply and effectively affixed to the container;  (c) it contains concealed spaces where goods may be hidden;  (d) spaces capable of holding goods are not readily accessible for customs inspection.  REQUESTS the contracting parties to notify the Executive Secretary of the Economic Commission for Europe, if possible by 1 July 1988, whether they accept this resolution;  REQUESTS the Executive Secretary to circulate the replies received from governments.


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31979D0270

79/270/EEC: Council Decision of 5 March 1979 replacing a full member of the Committee of the European Social Fund

Official Journal L 062 , 13/03/1979 P. 0007 - 0007

****( 1 ) OJ NO L 249 , 10 . 11 . 1971 , P . 54 .  ( 2 ) OJ NO 56 , 31 . 8 . 1960 , P . 1201/60 .  ( 3 ) OJ NO L 91 , 12 . 4 . 1968 , P . 25 .    COUNCIL DECISION   OF 5 MARCH 1979   REPLACING A FULL MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND  ( 79/270/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO REGULATION ( EEC ) NO 2396/71 ( 1 ) CONCERNING THE EUROPEAN SOCIAL FUND ,   HAVING REGARD TO THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 2 ), AS AMENDED BY THE COUNCIL DECISION OF 9 APRIL 1968 ( 3 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 17 APRIL 1978 APPOINTING THE MEMBERS AND ALTERNATES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND FOR THE PERIOD ENDING 16 APRIL 1980 ,   WHEREAS A SEAT AS FULL MEMBER OF THE AFORESAID COMMITTEE IN THE GOVERNMENT REPRESENTATIVES CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR ETIENNE , BROUGHT TO THE COUNCIL ' S ATTENTION ON 21 FEBRUARY 1979 ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 21 FEBRUARY 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR M . ANDRE IS HEREBY APPOINTED A FULL MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND IN PLACE OF MR ETIENNE FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 16 APRIL 1980 .   DONE AT BRUSSELS , 5 MARCH 1979 .   FOR THE COUNCIL   THE PRESIDENT   P . MEHAIGNERIE


title: Decision (EU) 2016/811 of the European Central Bank of 28 April 2016 amending Decision ECB/2014/34 on measures relating to targeted longer-term refinancing operations (ECB/2016/11)

text:
                  21.5.2016

                  EN

                  Official Journal of the European Union

                  L 132/129

            DECISION (EU) 2016/811 OF THE EUROPEAN CENTRAL BANK
      of 28 April 2016
      amending Decision ECB/2014/34 on measures relating to targeted longer-term refinancing operations (ECB/2016/11)
      THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
      Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
      Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1, Article 12.1, the second indent of Article 18.1 and the second indent of Article 34.1 thereof,
      Having regard to Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (1),
      Whereas:

                  (1)

                  Pursuant to Article 1(4) of Guideline (EU) 2015/510 (ECB/2014/60), the Governing Council may, at any time, change the tools, instruments, requirements, criteria and procedures for the implementation of Eurosystem monetary policy operations.

                  (2)

                  On 29 July 2014, in pursuing its price stability mandate and in the context of measures aimed at enhancing the functioning of the monetary policy transmission mechanism by supporting lending to the real economy, the Governing Council adopted Decision ECB/2014/34 (2). This Decision provided for a series of targeted longer-term refinancing operations (TLTROs) to be conducted over a period of two years.

                  (3)

                  On 10 March 2016, in order to reinforce the ECB's accommodative monetary policy stance and to strengthen the transmission of monetary policy by further incentivising bank lending to the real economy, the Governing Council decided to conduct a new series of four targeted longer-term refinancing operations (TLTROs-II). The terms for these TLTROs-II are to be set out in a separate decision. In order to allow institutions to repay the amounts borrowed under TLTROs and borrow under the TLTROs-II, the Governing Council decided to introduce in June 2016 an additional voluntary repayment possibility for all outstanding TLTROs.

                  (4)

                  The Governing Council also decided that no further reporting obligations would apply to participants that submitted the data required for calculating mandatory early repayment in September 2016.

                  (5)

                  In order to allow credit institutions sufficient time to make operational preparations for the first TLTRO-II, this Decision should enter into force without undue delay.

                  (6)

                  Therefore, Decision ECB/2014/34 should be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Amendments
      Decision ECB/2014/34 is amended as follows:

                  (1)

                  Article 6 is replaced by the following:
                  ‘Article 6
                  Early repayment
                  1.   Without prejudice to paragraph 2, starting 24 months after each TLTRO, participants shall have, on a semi-annual basis, the option of terminating or reducing the amount of TLTROs before maturity. Early repayment dates shall coincide with the settlement day of a Eurosystem main refinancing operation, as specified by the Eurosystem.
                  2.   Participants shall also have the option of terminating or reducing the amount of TLTROs before maturity on a date that coincides with the settlement day of the first TLTRO conducted pursuant to Decision (EU) 2016/810 of the European Central Bank (ECB/2016/10) (*). In order to benefit from the early repayment procedure on this first early repayment date, a participant shall notify the relevant NCB that it intends to repay under the early repayment procedure on the early repayment date, at least three weeks in advance of that early repayment date. Such a notification shall become binding on the participant three weeks before the early repayment date to which it refers. For the avoidance of doubt, the additional borrowing allowance available for the TLTRO to be conducted in June 2016 and to be calculated in accordance with Article 4(3) shall be determined based on the amounts borrowed during the TLTROs conducted from March 2015, without deducting any amount repaid on the first early repayment date.
                  3.   In respect of all other repayment dates, in order to benefit from the early repayment procedure, a participant shall notify the relevant NCB that it intends to repay under the early repayment procedure on the early repayment date, at least two weeks in advance of that early repayment date. Such a notification shall become binding on the participant two weeks before the early repayment date to which it refers.
                  4.   If the participant fails to settle by the repayment date, in full or in part, the amount due under the early repayment procedure, a financial penalty may be imposed. The applicable financial penalty shall be calculated in accordance with Annex VII to Guideline (EU) 2015/510 of the European Central Bank (ECB/2014/60) (**) and shall correspond to the financial penalty applied for failures to comply with the obligations to adequately collateralise and settle the amount the counterparty has been allotted as regards reverse transactions for monetary policy purposes. The imposition of a financial penalty shall be without prejudice to the NCB's right to exercise the remedies provided for on the occurrence of an event of default as set out in Article 166 of Guideline (EU) 2015/510 (ECB/2014/60).

                     (*)  Decision (EU) 2016/810 of the European Central Bank of 28 April 2016 on a second series of targeted longer-term refinancing operations (ECB/2016/10) (OJ L 132, 21.5.2016, p. 107)."

                     (**)  Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (OJ L 91, 2.4.2015, p. 3).’;"

                  (2)

                  in Article 7, paragraphs 1 and 2 are replaced by the following:
                  ‘1.   Participants in the TLTROs whose cumulative eligible net lending in the period from 1 May 2014 to 30 April 2016 is below their applicable benchmark as at 30 April 2016 shall be required to repay their initial and additional TLTRO borrowings in full on 28 September 2016, unless an alternative date is otherwise specified by the Eurosystem. Annex I outlines the technical calculations.
                  2.   If a participant's total borrowings in respect of its additional allowance in the TLTROs conducted from March 2015 to June 2016 exceed the additional allowance calculated as of the allotment reference month of April 2016, then the amount of this excess additional borrowing shall be payable on 28 September 2016, unless an alternative date is otherwise specified by the Eurosystem. Annex I outlines the technical calculations.’;

                  (3)

                  In Article 7, paragraph 5 is replaced by the following:
                  ‘5.   If the participant fails to settle by the repayment date, in full or in part, the amount due under the mandatory early repayment procedure, a financial penalty may be imposed. The applicable financial penalty shall be calculated in accordance with Annex VII to Guideline (EU) 2015/510 (ECB/2014/60) and shall correspond to the financial penalty applied for failures to comply with the obligations to adequately collateralise and settle the amount the counterparty has been allotted as regards reverse transactions for monetary policy purposes. The imposition of a financial penalty shall be without prejudice to the NCB's right to exercise the remedies provided for on the occurrence of an event of default as set out in Article 166 of Guideline (EU) 2015/510 (ECB/2014/60).’;

                  (4)

                  in Article 8, paragraph 4 is replaced by the following:
                  ‘4.   If an institution participates in a TLTRO and as long as it has credit outstanding under a TLTRO, it shall be required to submit completed data reporting templates quarterly in accordance with paragraph 1 until all data required to determine the mandatory repayment obligation pursuant to Article 7 has been submitted.’;

                  (5)

                  in Article 8, paragraph 8 is replaced by the following:
                  ‘8.   Unless it has repaid all amounts outstanding under its TLTROs in accordance with Article 6(2), each participant in TLTROs shall be required to have an annual examination of accuracy in respect of data reported in accordance with paragraph 1. This exercise, which could take place in the context of an annual audit, may be carried out by an external auditor. Instead of using an external auditor, participants may make plans for equivalent arrangements, as approved by the Eurosystem. The participant's NCB shall be informed of the result of this examination. In the case of a TLTRO group participation, the results shall be shared with the NCBs of the TLTRO group members. At the request of the participant's NCB, detailed results of the examinations carried out under this paragraph shall be provided to that NCB and, in the case of group participation, subsequently be shared with the NCBs of the TLTRO group members.’.

            Article 2
      Entry into force
      This Decision shall enter into force on 3 May 2016.

         Done at Frankfurt am Main, 28 April 2016.

               The President of the ECB

            Mario DRAGHI

         (1)  OJ L 91, 2.4.2015, p. 3.

         (2)  Decision ECB/2014/34 of 29 July 2014 on measures relating to targeted longer-term refinancing operations (OJ L 258, 29.8.2014, p. 11).


title: Council Decision (EU) 2015/1791 of 5 October 2015 appointing an Italian alternate member of the Committee of the Regions

text:
               7.10.2015

               EN

               Official Journal of the European Union

               L 260/27

         COUNCIL DECISION (EU) 2015/1791
   of 5 October 2015
   appointing an Italian alternate member of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

               On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Onofrio INTRONA,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Roberto CIAMBETTI, Consigliere e Presidente del Consiglio regionale della Regione Veneto

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

      Done at Luxembourg, 5 October 2015.

            For the Council

            The President

         N. SCHMIT

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70.


title: Council Decision (CFSP) 2016/2231 of 12 December 2016 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo

text:
               12.12.2016

               EN

               Official Journal of the European Union

               LI 336/7

         COUNCIL DECISION (CFSP) 2016/2231
   of 12 December 2016
   amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 20 December 2010, the Council adopted Decision 2010/788/CFSP (1).

               (2)

               On 17 October 2016, the Council adopted conclusions expressing deep concern at the political situation in the Democratic Republic of the Congo (DRC). In particular it strongly condemned the acts of extreme violence that took place on 19 and 20 September in Kinshasa, noting that those acts further exacerbated the deadlock in the country due to the failure to call the presidential elections by the constitutional deadline of 20 December 2016.

               (3)

               The Council stressed that, in order to create a climate conducive to dialogue and the holding of elections, the Government of the DRC must clearly commit to ensuring that human rights and the rule of law are respected and must cease all use of the justice system as a political tool. It also called on all stakeholders to reject the use of violence.

               (4)

               The Council also indicated its readiness to use all the means at its disposal, including restrictive measures against those responsible for serious human rights violations, those who promote violence and those who try to obstruct a consensual and peaceful solution to the crisis which respects the aspiration of the people of the DRC to elect their representatives.

               (5)

               Decision 2010/788/CFSP should therefore be amended accordingly.

               (6)

               Further action by the Union is needed in order to implement certain measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/788/CFSP is amended as follows:

               (1)

               Article 3 is replaced by the following:
               ‘Article 3
               1.   Restrictive measures as provided for in Articles 4(1) and 5(1) and (2) shall be imposed against persons and entities designated by the Sanctions Committee for engaging in or providing support for acts that undermine the peace, stability or security of the DRC. Such acts include:

                           (a)

                           acting in violation of the arms embargo and related measures as referred to in Article 1;

                           (b)

                           being political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups;

                           (c)

                           being political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilisation and reintegration processes;

                           (d)

                           recruiting or using children in armed conflict in the DRC in violation of applicable international law;

                           (e)

                           being involved in planning, directing, or committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals;

                           (f)

                           obstructing the access to or the distribution of humanitarian assistance in the DRC;

                           (g)

                           supporting persons or entities, including armed groups or criminal networks, involved in destabilising activities in the DRC through the illicit exploitation of or trade in natural resources, including gold, or wildlife or wildlife products;

                           (h)

                           acting on behalf of or at the direction of a designated person or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated person or entity;

                           (i)

                           planning, directing, sponsoring or participating in attacks against MONUSCO peacekeepers or United Nations personnel;

                           (j)

                           providing financial, material, or technological support for, or goods or services to a designated person or entity.

                     The relevant persons and entities covered by this paragraph are listed in Annex I.
               2.   Restrictive measures as provided for in Articles 4(1) and 5(1) and (2) shall be imposed against persons and entities:

                           (a)

                           obstructing a consensual and peaceful solution towards elections in DRC, including by acts of violence, repression or inciting violence, or by undermining the rule of law;

                           (b)

                           involved in planning, directing or committing acts that constitute serious human rights violations or abuses in DRC;

                           (c)

                           associated with those referred to in points (a) and (b);

                     as listed in Annex II.’;

               (2)

               Article 4 is replaced by the following:
               ‘Article 4
               1.   Member States shall take the necessary measures to prevent the entry into or transit through their territories of the persons referred to in Article 3.
               2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
               3.   With regard to persons referred to in Article 3(1), paragraph 1 of this Article shall not apply:

                           (a)

                           where the Sanctions Committee determines in advance and on a case-by-case basis that such entry or transit is justified on the grounds of humanitarian need, including religious obligation;

                           (b)

                           where the Sanctions Committee concludes that an exemption would further the objectives of relevant resolutions of the United Nations Security Council, that is to say peace and national reconciliation in the DRC and stability in the region;

                           (c)

                           where the Sanctions Committee authorises in advance and on a case-by-case basis, the transit of persons returning to the territory of the State of their nationality, or participating in efforts to bring to justice perpetrators of grave violations of human rights or international humanitarian law; or

                           (d)

                           where such entry or transit is necessary for the fulfilment of judicial process.

                     In cases where, pursuant to this paragraph, a Member State authorises the entry into or transit through its territory of persons designated by the Sanctions Committee, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
               4.   With regard to persons referred to in Article 3(2), paragraph 1 of this Article shall be without prejudice to the 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; or

                           (d)

                           pursuant to the 1929 Treaty of Conciliation (“Lateran Pact”) concluded by the Holy See (Vatican City State) and Italy.

                     5.   Paragraph 4 shall be considered as applying also where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
               6.   Where a Member State grants an exemption pursuant to paragraph 4 or 5, it shall duly inform the Council thereof.
               7.   With regard to persons referred to in Article 3(2), Member States may grant exemptions from the measures imposed under paragraph 1 of this Article where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings and those promoted or hosted by the European Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures, including democracy, human rights and the rule of law in DRC.
               8.   A Member State wishing to grant exemptions referred to in paragraph 7 shall notify the Council 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. Where 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.   Where, pursuant to paragraphs 4, 5, 6, 7 or 8 a Member State authorises the entry into, or transit through its territory of persons listed in Annex II, the authorisation shall be strictly limited to the purpose for which it is given and to the persons directly concerned thereby.’;

               (3)

               Article 5 is replaced by the following:
               ‘Article 5
               1.   All funds, other financial assets and economic resources owned or controlled directly or indirectly by the persons or entities referred to in Article 3 or held by entities owned or controlled directly or indirectly by them or by any persons or entities acting on their behalf or at their direction, as identified in Annex I and II, shall be frozen.
               2.   No funds, other financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of the persons or entities referred to in paragraph 1.
               3.   With regard to persons and entities referred to in Article 3(1), Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds, other financial assets and economic resources which are:

                           (a)

                           necessary for basic expenses, including payments 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 reimbursement of incurred expenses associated with the provision of legal services;

                           (c)

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

                           (d)

                           necessary for extraordinary expenses, after notification by the Member State concerned to, and approval by, the Sanctions Committee; or

                           (e)

                           the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered before designation by the Sanctions Committee of the person or entity concerned, and is not for the benefit of a person or entity referred to in Article 3, after notification by the Member State concerned to the Sanctions Committee.

                     4.   The exemptions referred to in points (a), (b) and (c) of paragraph 3 may be made after notification to the Sanctions Committee by the Member State concerned of its intention to authorise, where appropriate, access to such funds, other financial assets and economic resources, and in the absence of a negative decision by the Sanctions Committee within four working days of such notification.
               5.   With regard to persons and entities referred to in Article 3(2), the competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:

                           (a)

                           necessary to satisfy the basic needs of the persons and entities and dependent family members of such natural persons, including payments 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;

                           (c)

                           intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or

                           (d)

                           necessary for extraordinary expenses, provided that the competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation.

                     The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
               6.   By way of derogation from paragraphs 1 and 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources for persons and entities listed in Annex II, provided that the following conditions are met:

                           (a)

                           the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the person or entity was listed in the Annex II, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;

                           (b)

                           the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

                           (c)

                           the decision is not for the benefit of a person or entity listed in Annex I or II; and

                           (d)

                           recognition of the decision is not contrary to public policy in the Member State concerned.

                     The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph.
               7.   With regard to persons and entities listed in Annex II, exemptions may also be made for funds and economic resources which are necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies and food, or the transfer of humanitarian workers and related assistance or for evacuations from DRC.
               8.   Paragraphs 1 and 2 shall not prevent a person or entity listed in Annex II from making a payment due under a contract entered into prior to the date on which the person or entity was listed therein, provided that the Member State concerned has determined that the payment is not, directly or indirectly, received by a person or entity listed in Annex I or II.
               9.   Paragraph 2 shall not apply to the addition to frozen accounts of:

                           (a)

                           interest or other earnings on those accounts;

                           (b)

                           payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures, or

                           (c)

                           payments due to persons and entities referred to in Article 3(2) under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned,

                     provided that any such interest, other earnings and payments remain subject to paragraph 1.’;

               (4)

               Article 6 is replaced by the following:
               ‘Article 6
               1.   The Council shall amend the list contained in Annex I on the basis of the determinations made by the United Nations Security Council or by the Sanctions Committee.
               2.   The Council, acting upon a proposal from a Member State or from the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the list in Annex II.’;

               (5)

               Article 7 is replaced by the following:
               ‘Article 7
               1.   Where the United Nations Security Council or the Sanctions Committee lists a person or entity, the Council shall include such person or entity in Annex I. The Council shall communicate its decision, including the grounds for listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity an opportunity to present observations.
               2.   The Council shall communicate the decision referred to in Article 6(2), including the grounds for the listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity with an opportunity to present observations.
               3.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity concerned accordingly.’;

               (6)

               Article 8 is replaced by the following:
               ‘Article 8
               1.   Annex I shall include the grounds for listing of listed persons and entities as provided by the United Nations Security Council or the Sanctions Committee.
               2.   Annex I shall also include, where available, information provided by the United Nations Security Council or by the Sanctions Committee necessary to identify the persons or entities concerned. 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 United Nations Security Council or by the Sanctions Committee.
               3.   Annex II shall include the grounds for listing the persons and entities referred to therein.
               4.   Annex II shall also include, where available, the information necessary to identify the persons or entities concerned. With regard to natural persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity 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.’;

               (7)

               Article 9 is replaced by the following:
               ‘Article 9
               1.   This Decision shall be reviewed, amended or repealed as appropriate, in particular in the light of relevant decisions by the United Nations Security Council.
               2.   The measures referred to in Article 3(2) shall apply until 12 December 2017. They shall be renewed, or amended as appropriate, if the Council deems that their objectives have not been met.’;

               (8)

               The Annex to Decision 2010/788/CFSP is renamed Annex I and the headings in that Annex are replaced by the following ‘(a) List of persons referred to in Article 3(1)’ and ‘(b) List of entities referred to in Article 3(1)’;

         Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 12 December 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (OJ L 336, 21.12.2010, p. 30).

      ANNEX
      The following Annex is added:

            ‘ANNEX II
            LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 3(2)
            A.   PERSONS

                        Name

                        Identifying information

                        Grounds for designation

                        Date of Listing

                        1.

                        Ilunga Kampete

                        a.k.a. Gaston Hughes Ilunga Kampete; a.k.a. Hugues Raston Ilunga Kampete.
                        Born 24.11.1964 in Lubumbashi, military ID number: 1-64-86-22311-29. DRC nationality.

                        As Commander of the Republican Guard (GR), Ilunga Kampete was responsible for the GR units deployed on the ground and involved in the disproportionate use of force and violent repression, in September 2016 in Kinshasa. In this capacity, Ilunga Kampete was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC.

                        12.12.2016

                        2.

                        Gabriel Amisi Kumba

                        a.k.a. Gabriel Amisi Nkumba; a.k.a. “Tango Fort”; a.k.a. “Tango Four”.
                        Born 28.5.1964 in Malela, military ID number: 1-64-87-77512-30. DRC nationality.

                        Commander of the 1st defence zone of Congolese Army (FARDC) whose forces took part in the disproportionate use of force and violent repression, in September 2016 in Kinshasa. In this capacity, Gabriel Amisi Kumba was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC.

                        12.12.2016

                        3.

                        Ferdinand Ilunga Luyoyo

                        Born 8.3.1973 in Lubumbashi.
                        Passport number: no OB0260335 (valid from 15.4.2011 till 14.4.2016). DRC nationality.

                        As Commander of the anti-riot body Légion Nationale d'Intervention of the Congolese National Police (PNC), Ferdinand Ilunga Luyoyo was responsible for disproportionate use of force and violent repression in September 2016 in Kinshasa. In this capacity, Ferdinand Ilunga Luyoyo was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC.

                        12.12.2016

                        4.

                        Celestin Kanyama

                        a.k.a. Kanyama Tshisiku Celestin; a.k.a. Kanyama Celestin Cishiku Antoine, a.k.a. Kanyama Cishiku Bilolo Célestin, a.k.a. Esprit de mort.
                        Born 4.10.1960 in Kananga. DRC nationality. Passport number: OB0637580 (valid from 20.5.2014 to 19.5.2019).
                        Was granted Schengen visa n°011518403, issued on 2.7.2016.

                        As Kinshasa Police Commissioner (PNC), Celestin Kanyama was responsible for the disproportionate use of force and violent repression in September 2016 in Kinshasa. In this capacity, Celestin Kanyama was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC.

                        12.12.2016

                        5.

                        John Numbi

                        a.k.a. John Numbi Banza Tambo; a.k.a. John Numbi Banza Ntambo; a.k.a. Tambo Numbi.
                        Born 16.8.1962 in Jadotville-Likasi-Kolwezi. DRC nationality.

                        Former Inspector-General of the Congolese National Police (PNC), John Numbi remains an influential figure who was notably involved in the campaign of violent intimidation in the March 2016 gubernatorial elections in the DRC's four ex-Katangan provinces and as such is responsible for obstructing a consensual and peaceful solution towards elections in DRC.

                        12.12.2016

                        6.

                        Roger Kibelisa

                        a.k.a. Roger Kibelisa Ngambaswi.
                        DRC nationality.

                        As Interior Director of the National Intelligence Service (ANR), Roger Kibelisa is involved in the intimidation campaign carried out by ANR officials towards opposition members, including arbitrary arrests and detention. Roger Kibelisa has therefore undermined the rule of law and obstructed a consensual and peaceful solution towards elections in DRC.

                        12.12.2016

                        7.

                        Delphin Kaimbi

                        a.k.a. Delphin Kahimbi Kasagwe; a.k.a. Delphin Kayimbi Demba Kasangwe; a.k.a. Delphin Kahimbi Kasangwe; a.k.a. Delphin Kahimbi Demba Kasangwe; a.k.a. Delphin Kasagwe Kahimbi.
                        Born 15.1.1969 (alternatively: 15.7.1969) in Kiniezire/Goma. DRC nationality. Diplomatic passport no: DB0006669 (valid 13.11.2013 till 12.11.2018).

                        Head of Military Intelligence Body (ex-DEMIAP), part of the National Operations Centre, the command and control structure responsible for arbitrary arrests and violent repression in Kinshasa in September 2016, and responsible for forces that participated in intimidation and arbitrary arrests, which obstructs a consensual and peaceful solution towards elections in DRC.

                        12.12.2016

                  B.   ENTITIES’.


title: Commission Decision of 10 August 2010 establishing the European Regulators Group for Postal Services  Text with EEA relevance

text:
               11.8.2010

               EN

               Official Journal of the European Union

               C 217/7

         COMMISSION DECISION
   of 10 August 2010
   establishing the European Regulators Group for Postal Services
   (Text with EEA relevance)
   2010/C 217/07
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of services establishes a regulatory framework concerning the conditions governing the provision of postal services within the European Union and the establishment of the internal market for postal services.

               (2)

               Directive 97/67/EC requires Member States to designate one or more national regulatory authorities for the postal sector, in order to carry out regulatory tasks specified in that Directive. Those national regulatory authorities should be legally separate from and operationally independent of the postal operators of Member States. Member States that retain ownership or control of postal service providers must also ensure effective structural separation of the regulatory functions from activities associated with ownership or control.

               (3)

               The responsibilities and tasks of the national regulatory authorities differ significantly between the Member States.

               (4)

               Directive 97/67/EC leaves flexibility in certain areas to apply the common rules in the light of national conditions. In order to achieve a successful development of an internal market for postal services, a consistent application of the relevant rules in all Member States is essential.

               (5)

               It is therefore necessary to set up a group composed of the national regulatory authorities in the field of postal services and to define its tasks and its structure.

               (6)

               The group should serve as a body for reflection, discussion and advice to the Commission in the postal services field. It should facilitate consultation, coordination and cooperation between the independent national regulatory authorities in the Member States, and between those authorities and the Commission, with a view to consolidating the internal market for postal services and ensuring the consistent application in all Member States of Directive 97/67/EC.

               (7)

               Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (1).

               (8)

               Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2),

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The European Regulators Group for Postal Services, hereafter referred to as ‘the group’, is hereby established.
   Article 2
   Tasks
   The group's tasks shall be:

               (a)

               to advise and assist the Commission in consolidating the internal market for postal services;

               (b)

               to advise and assist the Commission on any matter related to postal services within its competence;

               (c)

               to advise and assist the Commission as to the development of the internal market for postal services and as to the consistent application in all Member States of the regulatory framework for postal services;

               (d)

               to consult, in agreement with the Commission, extensively and at an early stage of its expert work with market participants, consumers and end-users in an open and transparent manner.

         Article 3
   Membership
   1.   The group shall be composed of the national regulatory authorities in the field of postal services. They will be represented by the heads, or in exceptional cases other representatives, of these authorities, as listed in the Annex. There shall be one member per Member State.
   2.   The names of the national authorities shall be published in the Register of Commission expert groups.
   Article 4
   Operation
   1.   The group shall elect a chairperson from among its members. The chairperson shall convene the meetings of the group in agreement with the Commission.
   2.   In agreement with the services of the Commission, sub-groups may be set up to study specific subjects under terms of reference established by the group.
   3.   The independent national regulatory authorities for the postal sector from European Economic Area (EEA) States, which are not Member States, and from those States that are candidates for accession to the European Union shall have observer status and shall be represented at an appropriate level. The group may, with the agreement of the Commission's representative, also invite on an ad hoc basis other experts and observers to attend meetings.
   4.   Members of expert groups and their representatives, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom. Should they fail to respect these obligations, the Commission may take all appropriate measures.
   5.   The group and its sub-groups shall normally meet on Commission's premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.
   6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission (3).
   Article 5
   Meeting expenses
   1.   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the Commission’s rules on the compensations of external experts.
   2.   The members, experts and observers shall not be remunerated for the services they render.
   3.   Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.
   Article 6
   Annual report
   The Group shall submit an annual report of its activities to the Commission.
   Article 7
   Applicability
   1.   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   2.   The Group shall take up its duties on the date of entry into force of this Decision.

      Done at Brussels, 10 August 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 317, 3.12.2001, p. 1.

      (2)  OJ L 8, 12.1.2001, p. 1.

      (3)  See standard rules of procedure — Annex III to document SEC(2005) 1004.

      ANNEX

         List of Members of the European Regulators Group for Postal Services

                  Country

                  National Regulatory Authority

                  Belgique/België

                  Institut belge des services postaux et des télécommunications (IBPT)/Belgisch Instituut voor postdiensten en telecommunicatie (BIPT)

                  България/Bulgaria

                  Комисия за регулиране на съобщенията (КРС)/Communications Regulation Commission (CRC)

                  Česká republika

                  Český telekomunikační úřad (ČTÚ)

                  Danmark

                  Færdselsstyrelsen (FSTYR)

                  Deutschland

                  Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (BNetzA)

                  Eesti

                  Sideamet (SIDEAMET)

                  Ελλάδα/Elláda

                  Εθνική Επιτροπή Τηλεπικοινωνιών και Ταχυδρομείων Hellenic/Telecommunications and Post Commission (EETT)

                  España

                  Commissión Nacional del Sector Postal (CNSP)

                  France

                  Autorité de régulation des communications électroniques et des postes (ARCEP)

                  Ireland

                  Commission for Communications Regulation (ComReg)

                  Κύπρος/Kypros

                  Γραφείο Επιτρόπου Ρυθμίσεως Ηλεκτρονικών Επικοινωνιών και Ταχυδρομείων (ΓΕΡΗΕΤ)/Office of the Commissioner of Electronic Communications and Postal Regulation (OCECPR)

                  Italia

                  Independent National Regulatory Authority to be established according to Article 37(2)(h) of the Legge 4 giugno 2010, n. 96, Disposizioni per l’adempimento di obblighi derivanti dall’appartenenza dell’Italia alle Comunita’ europee — Legge comunitaria 2009, (GU n. 146 del 25.6.2010 — Suppl. Ordinario n. 138).

                  Latvija

                  Sabiedrisko pakalpojumu regulēšanas komisija (SPRK)

                  Lietuva

                  Ryšių reguliavimo tarnyba (RRT)

                  Luxembourg

                  Institut luxembourgeois de régulation (ILR)

                  Magyarország

                  Nemzeti Hírközlési Hatóság (NHH)

                  Malta

                  L-Awtorità ta’ Malta dwar il-Komunikazzjoni/Malta Communications Authority (MCA)

                  Nederland

                  Onafhankelijke Post en Telecommunicatie Autoriteit (OPTA)

                  Österreich

                  Rundfunk und Telekom Regulierungs-GmbH (RTR)

                  Polska

                  Urząd Komunikacji Elektronicznej (UKE)

                  Portugal

                  Autoridade Nacional de Comunicações (Anacom)

                  România

                  Autoritatea Naționala pentru Administrare si Reglementare in Comunicații (ANCOM)

                  Slovenija

                  Agencija za pošto in elektronske komunikacije Republike Slovenije (APEK)

                  Slovensko

                  Poštový regulačný úrad (PRU)

                  Suomi/Finland

                  Viestintävirasto/Kommunikationsverket (FICORA)

                  Sverige

                  Post- och telestyrelsen (PTS)

                  United Kingdom

                  Postal Services Commission (Postcomm)


24.11.2006          EN                         Official Journal of the European Union                                    C 287 E/159
                                                                                Wednesday, 18 January 2006
           — assess the status of claims by non-UK European citizens and the adequacy of remedies available under
                UK and/or EU legislation for policy-holders from other Member States;
           — make any proposals that it deems necessary in this matter.
           3. Decides that the Committee of Inquiry shall present an interim report to Parliament within 4 months
           of starting its work, with a view to presenting its final report to Parliament within 12 months of the adop-
           tion of this decision;
           4.    Decides that the Committee of Inquiry will be composed of 22 Members of the European Parliament.
           P6_TA(2006)0012
           Temporary Committee on extraordinary rendition
           European Parliament decision setting up a temporary committee on the alleged use of European
                        countries by the CIA for the transportation and illegal detention of prisoners
           The European Parliament,
           — having regard to the European Union's attachment to the principles of liberty, democracy and respect
                for human rights and fundamental freedoms and of the rule of law as outlined in the preamble to the
                Treaty on European Union and notably in Articles 6 and 7 of that Treaty,
           — bearing in mind that, according to the case-law of the Court of Justice of the European Communities,
                the protection of fundamental rights is also part of the constitutional order of the Community,
           — bearing in mind that protecting human dignity is one of the key objectives of the Charter of Funda-
                mental Rights of the European Union, as proclaimed by the institutions on 7 December 2000, and that
                this fundamental value would be violated were cruel, inhuman or degrading treatment of persons to
                occur, for whatever reason, under the direct or indirect responsibility of EU Member States and institu-
                tions,
           — having regard to its resolution of 15 December 2005 on presumed use of European countries by the
                CIA for the transportation and illegal detention of prisoners (1), which, as regards the inquiry pending
                at the Council of Europe, envisages the need for a temporary committee of the European Parliament to
                be set up to accompany such an enquiry, particularly as Member States are implicated,
           — having regard to Rule 175 of its Rules of Procedure,
           (1) Texts Adopted, P6_TA(2005)0529.
 ---pagebreak--- C 287 E/160         EN                           Official Journal of the European Union                                     24.11.2006
Wednesday, 18 January 2006
            — having regard to the proposal of the Conference of Presidents defining the remit and the composition
                of the temporary committee on the alleged use of European Union territory, including acceding, candi-
                date and associate countries, by the CIA or the intelligence services of other third countries for the
                transportation and illegal detention of prisoners,
            1.   Decides to set up a temporary committee with the following remit:
            a) to collect and analyse information to find out whether:
                — the CIA or other US agents or intelligence services of other third countries have carried out abduc-
                    tions, ‘extraordinary rendition’, detention at secret sites, detention incommunicado or torture or
                    other cruel, inhuman or degrading treatment of prisoners on the territory of the European Union,
                    including accession and candidate countries, or have used that territory to those ends, for example
                    through flights;
                — such actions, allegedly carried out in the territory of the European Union in the framework of the
                    fight against terrorism, could be considered a violation inter alia of Article 6 of the Treaty on Euro-
                    pean Union, Articles 2, 3, 5 and 6 of the European Convention for the Protection of Human Rights
                    and Fundamental Freedoms, the Charter of Fundamental Rights, the UN Convention against Torture
                    and Other Cruel, Inhuman or Degrading Treatment or Punishment, the EU-US agreements on extra-
                    dition and on mutual legal assistance and other international treaties and agreements concluded by
                    the European Union/Community and its Member States, including the North Atlantic Treaty and its
                    related agreements on the status of forces and the Convention on International Civil Aviation;
                — citizens of the European Union or the candidate countries, or any other person entitled to protec-
                    tion from, or otherwise under the jurisdiction of, the EU, the Member States or the candidate coun-
                    tries have been among those involved in or subjected to abductions, ‘extraordinary rendition’ opera-
                    tions, detention at secret sites, detention incommunicado or torture or other cruel, inhuman or
                    degrading treatment in the territory of the European Union or elsewhere;
                — Member States, public officials, persons acting in an official capacity or European Union institutions
                    have been involved or complicit in illegal deprivation of liberty of individuals, including abduction,
                    rendition, transfer, detention or torture, either by act or omission;
            b) to submit to the plenary any recommendation that the committee deems necessary in this matter,
                notably concerning the political, legal and administrative conclusions to be drawn at European level as
                well as possible consequences for EU relations with third countries;
            2. Decides that the temporary committee will liaise and cooperate as closely as possible with the Council
            of Europe and its Secretary-General, Parliamentary Assembly and Commissioner for Human Rights and the
            United Nations High Commissioner for Human Rights, as well as with national parliaments;
            3. Decides that the temporary committee shall present an interim report to Parliament within four
            months after it has started its work, with detailed proposals on how it will continue its work;
            4.   Decides that the temporary committee shall be composed of 46 Members of the European Parliament.


title: 2014/470/EU: Council Decision taken by common accord with the President of the Commission, of 17 July 2014 appointing a Member of the European Commission

text:
               18.7.2014

               EN

               Official Journal of the European Union

               L 212/17

         COUNCIL DECISION
   taken by common accord with the President of the Commission,
   of 17 July 2014
   appointing a Member of the European Commission

      (2014/470/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 246 thereof,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               On 9 February 2010, the European Council adopted Decision 2010/80/EU (2) appointing the European Commission for the period until 31 October 2014.

               (2)

               In a letter dated 18 June 2014, Mr José Manuel DURÃO BARROSO, President of the Commission, informed the Council that Mr Antonio TAJANI had resigned from his post as a Member of the Commission with effect from 30 June 2014.

               (3)

               In accordance with the second paragraph of Article 246 of the Treaty on the Functioning of the European Union, a vacancy caused by resignation is to be filled for the remainder of the Member's term of office by a new Member of the same nationality.

               (4)

               A new Member of the Commission should therefore be appointed,

         HAS ADOPTED THIS DECISION:
   Article 1
   By common accord with Mr José Manuel DURÃO BARROSO, President of the Commission, the Council appoints Mr Ferdinando NELLI FEROCI as Member of the Commission for the remainder of the term of office which runs until 31 October 2014.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  Opinion of 16 July 2014 (not yet published in the Official Journal).

      (2)  OJ L 38, 11.2.2010, p. 7.


European Parliament decision on the request for defence of parliamentary immunity and privileges submitted by Klaus-Heiner Lehne (2004/2015(IMM))


Avis juridique important

|

32003D0816

2003/816/EC: Council Decision of 17 November 2003 appointing a German member of the Committee of the Regions

Official Journal L 308 , 25/11/2003 P. 0020 - 0020

Council Decisionof 17 November 2003appointing a German member of the Committee of the Regions(2003/816/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the German Government,Whereas:(1) Pursuant to Council Decision 2002/60/EC of 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions.(2) A seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Reinhold BOCKLET, notified to the Council on 6 November 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMr Eberhard SINNER, Staatsminister in der Bayerischen Staatskanzlei für Europaangelegenheiten und regionale Beziehungen, is hereby appointed a member of the Committee of the Regions in place of Mr Reinhold BOCKLET for the remainder of his term of office, which runs until 25 January 2006.Done at Brussels, 17 November 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 24, 26.1.2002, p. 38.


title: Political and Security Committee Decision (CFSP) 2015/2298 of 26 November 2015 on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing Decision (CFSP) 2015/955 (EUTM Mali/3/2015)

text:
               10.12.2015

               EN

               Official Journal of the European Union

               L 324/13

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/2298
   of 26 November 2015
   on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing Decision (CFSP) 2015/955 (EUTM Mali/3/2015)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of Malian Armed Forces (EUTM Mali) (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               Pursuant to Article 5(1) of Decision 2013/34/CFSP, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty on European Union, to take the relevant decisions concerning the political control and strategic direction of EUTM Mali, including the decisions to appoint the subsequent EU Mission Commanders.

               (2)

               On 16 June 2015, the PSC adopted Decision (CFSP) 2015/955 (2) appointing Brigadier General Franz Xaver PFRENGLE as EU Mission Commander for EUTM Mali.

               (3)

               On 30 September 2015, Germany recommended the appointment of Brigadier General Werner ALBL as the new EU Mission Commander for EUTM Mali to succeed Brigadier General Franz Xaver PFRENGLE.

               (4)

               The EU Military Committee has supported the recommendation.

               (5)

               Decision (CFSP) 2015/955 should therefore be repealed.

               (6)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Brigadier General Werner ALBL is hereby appointed EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) from 18 December 2015.
   Article 2
   Decision (CFSP) 2015/955 is hereby repealed.
   Article 3
   This Decision shall enter into force on 18 December 2015.

      Done at Brussels, 26 November 2015.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 14, 18.1.2013, p. 19.

      (2)  Political and Security Committee Decision (CFSP) 2015/955 of 16 June 2015 on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing Decision EUTM MALI/3/2014 (EUTM MALI/2/2015) (OJ L 156, 20.6.2015, p. 20).


title: Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information

text:
               11.12.2009

               EN

               Official Journal of the European Union

               L 325/6

      COUNCIL DECISION 2009/934/JHA
   of 30 November 2009
   adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (1) (the Europol Decision) and in particular Articles 26(1)(b) and 59(1)(c) thereof,
   Having regard to the draft rules submitted by the Management Board, on which the Joint Supervisory Body has issued an opinion,
   Having regard to the Opinion of the European Parliament,
   Whereas in accordance with the Europol Decision, it is for the Council, acting by qualified majority after having consulted the European Parliament, to adopt implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information (hereinafter the rules),
   HAS DECIDED AS FOLLOWS:
   TITLE I

      GENERAL PROVISIONS

   Article 1
   Definitions
   For the purposes of these rules,

               (a)

               ‘third States’ as referred to in Article 23(1)(a) of the Europol Decision means States not being Member States of the European Union;

               (b)

               ‘organisations’, as referred to in Article 23(1)(b) of the Europol Decision means organisations such as international organisations and their subordinate bodies governed by public law or other bodies governed by public law which are set up by, or on the basis of, an agreement between two or more States;

               (c)

               ‘third parties’ means third States and organisations;

               (d)

               ‘EU bodies’ means institutions, bodies, offices and agencies set up by, or on the basis of, the Treaty on European Union and the Treaties establishing the European Communities, as referred to in Article 22(1) of the Europol Decision;

               (e)

               ‘personal data’ means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;

               (f)

               ‘classified information’ means any information and material in any form, an unauthorised disclosure of which could cause varying degrees of prejudice to the essential interests of Europol, of one or more Member States or of Europol’s cooperation partners, and that requires the application of appropriate security measures;

               (g)

               ‘strategic agreement’ means an agreement allowing for the exchange of information, excluding personal data;

               (h)

               ‘operational agreement’ means an agreement allowing for the exchange of information, including personal data;

               (i)

               ‘cooperation agreement’ means either a strategic or an operational agreement;

               (j)

               ‘working arrangement’ means an arrangement between Europol and an EU body on their cooperation, allowing for the exchange of information including personal data;

               (k)

               ‘processing of personal data’ or ‘processing’ means any operation or set of operations performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

               (l)

               ‘competent authorities’ means all public bodies existing in the Member States or in third States which are responsible under national law for preventing and combating criminal offences.

         Article 2
   Scope
   These rules govern the relations of Europol with EU bodies and third parties, including the exchange of personal data and classified information and set out the procedures applicable to the negotiation and conclusion of cooperation agreements and working arrangements.
   TITLE II

      CONCLUSION OF COOPERATION AGREEMENTS AND WORKING ARRANGEMENTS

   Article 3
   Establishment of relations with EU bodies
   In accordance with Article 22(1) of the Europol Decision, Europol may establish and maintain cooperative relations with EU bodies in so far as it is relevant to the performance of its tasks.
   Europol shall seek the opinion of the Management Board if it intends to enter into negotiations on a cooperation agreement or working arrangement with an EU body not explicitly referred to in Article 22(1)(a) to (f) of the Europol Decision.
   Article 4
   Procedure for the conclusion of cooperation agreements or working arrangements with EU bodies
   1.   In accordance with Article 22(2) of the Europol Decision, Europol shall conclude cooperation agreements or working arrangements with EU bodies for the purposes of establishing cooperative relations. Such agreements or working arrangements may concern the exchange of operational, strategic or technical information, including personal data and classified information.
   2.   The transmission of classified information shall be permissible only in so far as agreement on confidentiality exists between Europol and the EU body. The Security Committee shall be informed of such agreement, which shall subsequently be formalised in the cooperation agreement or working arrangement.
   3.   Any such cooperation agreement or working arrangement shall only be concluded after approval by the Management Board.
   4.   If the cooperation agreement or working arrangement concerns the exchange of personal data, the Management Board shall obtain the opinion of the Joint Supervisory Body prior to the approval referred to in paragraph 3.
   Article 5
   Establishment of relations with third parties
   1.   In accordance with Article 23(1) of the Europol Decision, Europol may establish and maintain cooperative relations with third parties in so far as it is necessary for the performance of its tasks.
   2.   In accordance with Article 23(2) of the Europol Decision, Europol shall conclude agreements with the third parties which have been placed on the list of third States and organisations referred to in Article 26(1)(a) of the Europol Decision. Such agreements may concern the exchange of operational, strategic or technical information, including personal data and classified information. In the case of agreement with a third State, such information shall be transmitted via a designated contact point identified in the agreement.
   3.   Europol may initiate the procedure for the conclusion of an agreement with a third party as soon as that third party has been placed on the list referred to in paragraph 2.
   4.   Where the conclusion of an operational agreement with a third party is envisaged, Europol shall carry out an assessment of the existence of an adequate level of data protection ensured by that third party. That assessment shall be forwarded to the Management Board, which shall have obtained the prior opinion of the Joint Supervisory Body. For the purposes of this assessment, account shall be taken of the regulatory framework and the administrative practice of the third party concerned in the field of data protection, including any existing independent authority responsible for the supervision of data protection matters.
   Article 6
   Procedure for the conclusion of cooperation agreements with third parties
   1.   The Management Board shall decide, based on the assessment referred to in Article 5(4) and taking into account the opinion of the Joint Supervisory Body, whether or not the Director shall enter into negotiations with the third party on the conclusion of an operational agreement. Having obtained a prior positive decision of the Management Board, the Director shall enter into negotiations with the third party on the conclusion of such an agreement. In case of a negative decision, the Management Board may consider the conclusion of a strategic agreement with the third party concerned.
   2.   The transmission of classified information by Europol shall be permissible only in so far as agreement on confidentiality exists between Europol and the third party. The Security Committee shall be informed of such agreement, which shall subsequently be formalised in the cooperation agreement.
   3.   After finalising the negotiations to an agreement, the Director shall submit the draft agreement to the Management Board. In the case of the conclusion of an operational agreement, the Management Board shall obtain the opinion of the Joint Supervisory Body. The Management Board shall endorse the draft agreement before submitting it to the Council for approval.
   In case of endorsement of an operational agreement, that draft agreement and the opinion of the Joint Supervisory Body shall be submitted to the Council.
   4.   In accordance with Article 23(2) of the Europol Decision, such agreements shall only be concluded after the approval by the Council, which shall previously have consulted the Management Board and, as far as such agreements concern the exchange of personal data, obtained the opinion of the Joint Supervisory Body via the Management Board.
   Article 7
   Information for the Management Board
   The Director shall inform the Management Board on a regular basis on the state of play of ongoing negotiations with EU bodies and third parties.
   TITLE III

      EXCHANGE OF INFORMATION

      CHAPTER I

         Receipt of information

   Article 8
   Receipt of information prior to the entry into force of an agreement
   Before the entry into force of an agreement or working arrangement with an EU body or third party, Europol may, in accordance with Articles 22(3) and Article 23(3) of the Europol Decision, directly receive and use information, including personal data and classified information, in so far as it is necessary for the legitimate performance of its tasks, listed in Article 5 of the Europol Decision.

      CHAPTER II

         Transmission of information

   Article 9
   Conditions for the transmission of information to EU bodies and third parties
   Europol may only transmit information to an EU body or third party under the following conditions:

               1.

               Notwithstanding Articles 11 to 14, information may be transmitted only after an agreement or working arrangement has been concluded with the EU body or third party in accordance with the provisions of Title II.

               2.

               Where the data concerned were transmitted to Europol by a Member State, Europol shall transmit them to EU bodies or third parties only with that Member State’s consent. The Member State concerned may give its prior consent to such transmission, either in general terms or subject to specific conditions. Such consent may be withdrawn at any time.

               3.

               If the data were not transmitted by a Member State, Europol shall satisfy itself that transmission of those data is not liable to:

                           (a)

                           obstruct the proper performance of the tasks in respect of which a Member State is competent;

                           (b)

                           jeopardise the security or public order of a Member State or otherwise prejudice its general welfare.

               4.

               The transmission of personal data to third parties shall only be permissible where:

                           (a)

                           it is necessary in individual cases for the purposes of preventing or combating criminal offences in respect of which Europol is competent; and

                           (b)

                           Europol has concluded an operational agreement with the third parties concerned which permits the transmission of such data on the basis of an assessment confirming an adequate level of data protection ensured by those third parties in accordance with Article 5(4).

               5.

               The transmission of classified information by Europol shall only be permissible where:

                           (a)

                           agreement on confidentiality exists between Europol and the EU body or the third party, in accordance with Articles 4(2) and 6(2); and

                           (b)

                           in the case of transmission of data to third parties, it is necessary in individual cases for the purposes of preventing or combating criminal offences in respect of which Europol is competent.

         Article 10
   Responsibility for the transmission of data
   Europol shall be responsible for the legality of the transmission of data. Europol shall keep a record of all transmissions of data under these rules and of the grounds for such transmissions. Data shall be transmitted only if the recipient gives an undertaking that the data will be used only for the purposes for which they were transmitted.
   Article 11
   Transmission of information to EU bodies prior to the entry into force of a cooperation agreement or working arrangement
   1.   Before the entry into force of an operational agreement or working arrangement with an EU body, Europol may, in accordance with Article 22(3) of the Europol Decision and under the conditions laid down in Article 9(2) and 9(3) of these rules, directly transmit information, including personal data, to such EU body in so far as it is necessary for the legitimate performance of the recipient’s tasks.
   2.   The transmission by Europol of classified information shall be permissible only in so far as agreement on confidentiality exists between Europol and the EU body, in accordance with Article 4(2).
   Article 12
   Transmission of information to third parties prior to the entry into force of an agreement
   Before the entry into force of an agreement with a third party, Europol may, in accordance with Article 23(4) of the Europol Decision and under the conditions laid down in Article 9(2) and 9(3) of these rules, directly transmit information, with the exception of personal data and classified information, to that third party, in so far as this is necessary for the legitimate performance of the recipient’s tasks.
   Article 13
   Transmission of information to third parties which are not included in the Council list
   In accordance with Article 23(5) of the Europol Decision and under the conditions laid down in Article 9(2) and 9(3) of these rules, Europol may directly transmit information, with the exception of personal data and classified information, to third parties which are not included in the list referred to in Article 26(1)(a) of the Europol Decision, in so far as it is absolutely necessary in individual cases for the purposes of preventing or combating criminal offences in respect of which Europol is competent.

      CHAPTER III

         Transmission of information in exceptional cases

   Article 14
   Transmission of personal data and classified information in exceptional cases
   1.   In accordance with Article 23(8) and 23(9) of the Europol Decision, and under the conditions laid down in Article 9(2) and 9(3) of these rules, Europol may transmit personal data and classified information which it holds to third parties in so far as the Director considers their transmission to be absolutely necessary to safeguard the essential interests of the Member States concerned, which are within the scope of Europol’s objectives, or in the interests of preventing imminent danger associated with crime or terrorist offences.
   2.   In case of transmission of classified information, the Director shall inform the Management Board and the Security Committee as soon as possible of his decision.
   3.   In case of transmission of personal data, the Director shall in all circumstances consider the data protection level applicable to the third party in question with a view to balancing that data protection level and those interests. In doing so, the Director shall take into account all relevant elements, such as the danger that might occur if Europol does not transmit the personal data concerned. The Director shall inform the Management Board and the Joint Supervisory Body as soon as possible of his decision and of the basis of the assessment of the adequacy of the level of data protection afforded by the third party concerned.
   4.   Before the transmission of personal data in accordance with paragraph 1, the Director shall asses the adequacy of the level of data protection afforded by the third parties concerned, taking into account all the circumstances relevant to the transmission of personal data, in particular:

               (a)

               the nature of the data;

               (b)

               the purpose for which the data is intended;

               (c)

               the duration of the intended processing;

               (d)

               the general or specific data protection provisions applying to the third parties;

               (e)

               whether the third parties have agreed to specific conditions required by Europol concerning such data.

      CHAPTER IV

         Specific conditions for the transmission of personal data

   Article 15
   Purposes for which personal data are transmitted
   1.   Personal data requested without any indication as to the purpose of, and reason for, the request shall not be transmitted.
   2.   The transmission of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership and the transmission of data concerning a person’s health or sex life shall not be permitted unless strictly necessary.
   Article 16
   Correction and deletion of personal data
   1.   When Europol transmits personal data to an EU body or third party, it shall ensure that the recipient EU body or third party give an undertaking that the personal data shall be corrected or deleted if it emerges that they are incorrect, inaccurate, no longer up to date or should not have been transmitted. Where Europol notes that the personal data are incorrect, inaccurate, no longer up to date, or should not have been transmitted, the recipient EU body or third party shall forthwith be informed thereof and requested to notify Europol that the data will be corrected or deleted. The Director shall inform the Management Board and the Joint Supervisory Body of Europol’s activities in this field.
   2.   Any agreement concluded shall stipulate the obligation to correct or delete data in accordance with the procedure referred to in paragraph 1.
   3.   When Europol transmits personal data, it shall ensure that the recipient EU body or third party give an undertaking that the data will be deleted where they are no longer necessary for the purposes for which they were transmitted.

      CHAPTER V

         Onward transmission of data to EU bodies and third parties

   Article 17
   Competent authorities and onward transmission
   1.   The transmission of personal data by Europol to a third State and transmission within that State shall be restricted to competent authorities, which shall be explicitly mentioned in any agreement concluded.
   2.   In negotiating agreements, Europol shall make every effort to ensure that, where possible, a third State designates one competent authority to act as the national contact point between Europol and the other competent authorities of that third State.
   3.   When transmitting personal data, Europol shall ensure that the recipient EU body or third party give an undertaking that onward transmission of such data will be limited to competent authorities and will take place under the same conditions as those applying to the original transmission.
   4.   Where it is not possible for a third State to designate one competent authority to act as national contact point, agreements may, exceptionally, provide for the direct transmission of information by Europol to one or more competent authorities within the third State concerned.
   Article 18
   Conditions for onward transmission
   1.   Europol shall only transmit personal data to a competent authority of a third State or transmit personal data to an organisation or EU body if that authority, organisation or body agrees that it will not communicate those personal data to other EU bodies or third parties, except under the conditions laid down in paragraph 2.
   2.   The onward transmission of personal data by a competent authority of a third State, an organisation or an EU body with which Europol has concluded an operational agreement may only take place:

               (a)

               with the prior consent of Europol, in cases where the EU body or third party receiving the personal data has concluded an operational agreement with Europol; or

               (b)

               exceptionally, after authorisation by the Director, taking account of the data protection level applicable to the EU body or third party, if he considers onward transmission of the personal data by the EU body or third party to be absolutely necessary:

                           (i)

                           to safeguard the essential interests of the Member States concerned which are within the scope of Europol’s objectives; or

                           (ii)

                           in the interests of preventing imminent danger associated with crime or terrorist offences.

         3.   No onward transmission of data communicated to Europol by a Member State shall be allowed without the prior consent of the Member State concerned. The Director shall inform the Member State concerned of the reasons for transmission via an EU body or third party as opposed to the direct transmission of such data.

      CHAPTER VI

         Specific conditions for the receipt of information by Europol from third parties

   Article 19
   Assessment of the source and of the information
   1.   In order to determine the reliability of information received by Europol, as well as its source, Europol shall ask the EU body or third party to assess, as far as possible, the information and its source in accordance with the criteria laid down in Article 12 of Council Decision 2009/936/JHA of 30 November 2009 adopting the implementing rules for Europol analysis work files (2) (the rules for Europol analysis work files).
   2.   If this assessment is not provided, Europol shall attempt, as far as possible, to assess the reliability of the source or of the information on the basis of information already in its possession, in accordance with the criteria laid down in Article 12 of the rules for Europol analysis work files.
   3.   In an agreement, Europol and an EU body or third party may agree in general terms on the assessment of specified types of information and specified sources in accordance with the criteria laid down in Article 12 of the rules for Europol analysis work files.
   Article 20
   Correction and deletion of information received by Europol
   1.   Agreements shall stipulate that the EU body or third party shall inform Europol when it corrects or deletes information transmitted to Europol.
   2.   When an EU body or third party informs Europol that it has corrected or deleted information transmitted to Europol, Europol shall correct or delete that information accordingly. Europol shall not delete the information if it still needs processing for the purposes of the analysis work file concerned or, where the information is stored in another Europol data file, Europol has a further interest in it, based on intelligence that is more extensive than that possessed by the transmitting EU body or third party. Europol shall inform the EU body or third party concerned of the continued storage of such information.
   3.   If Europol has reason to believe that information supplied is inaccurate or no longer up to date, it shall inform the EU body or third party which supplied the information and request that the EU body or third party inform Europol of its position on the matter. Where information is corrected or deleted by Europol in conformity with Article 31(1) of the Europol Decision, Europol shall inform the supplying EU body or third party of the correction or deletion.
   4.   Without prejudice to Article 31 of the Europol Decision, information which has clearly been obtained by a third State in obvious violation of human rights shall not be processed.
   5.   Agreements shall stipulate that the EU body or third party shall inform Europol as far as possible in cases where that EU body or third party has reason to believe that the information supplied is inaccurate or no longer up to date.
   TITLE IV

      FINAL PROVISIONS

   Article 21
   Entry into force
   These rules shall enter into force on 1 January 2010.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  OJ L 121, 15.5.2009, p. 37.

      (2)  See page 14 of this Official Journal.