Important legal notice

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2013/358/EU: Decision of the European Central Bank of 21 June 2013 amending Decision ECB/2010/29 on the issue of euro banknotes (ECB/2013/16)

Official Journal L 187 , 06/07/2013 P. 0013 - 0014

		Decision of the European Central Bankof 21 June 2013amending Decision ECB/2010/29 on the issue of euro banknotes(ECB/2013/16)(2013/358/EU)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 16 thereof,Whereas:(1) In view of the accession of Croatia to the European Union and its national central bank (NCB), Hrvatska narodna banka, joining the European System of Central Banks on 1 July 2013, Decision ECB/2013/17 of 21 June 2013 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital [1] provides for the expansion of the key for subscription to the capital of the European Central Bank (hereinafter "capital key") and establishes, with effect from 1 July 2013, the new weightings assigned to each NCB in the expanded capital key (hereinafter the "capital key weightings").(2) Article 1(d) of Decision ECB/2010/29 of 13 December 2010 on the issue of euro banknotes [2] defines the "banknote allocation key" and refers to Annex I to that Decision, which specifies the banknote allocation key applying since 1 January 2011. Given that new capital key weightings will apply from 1 July 2013, Decision ECB/2010/29 needs to be amended in order to determine the banknote allocation key applying from 1 July 2013,HAS ADOPTED THIS DECISION:Article 1Amendment1. The final sentence of Article 1(d) of Decision ECB/2010/29 is replaced by the following: "Annex I to this Decision specifies the banknote allocation key applying from 1 July 2013.".2. Annex I to Decision ECB/2010/29 is replaced by the text set out in the Annex to this Decision.Article 2Entry into forceThis Decision shall enter into force on 1 July 2013.Done at Frankfurt am Main, 21 June 2013.The President of the ECBMario Draghi[1] See page 15 of this Official Journal.[2] OJ L 35, 9.2.2011, p. 26.--------------------------------------------------ANNEXBANKNOTE ALLOCATION KEY FROM 1 JULY 2013European Central Bank | 8,0000 % |Nationale Bank van België/Banque Nationale de Belgique | 3,1975 % |Deutsche Bundesbank | 24,8130 % |Eesti Pank | 0,2355 % |Central Bank of Ireland | 1,4695 % |Bank of Greece | 2,5770 % |Banco de España | 10,916 % |Banque de France | 18,6945 % |Banca d’Italia | 16,4760 % |Central Bank of Cyprus | 0,1765 % |Banque centrale du Luxembourg | 0,2300 % |Central Bank of Malta | 0,0840 % |De Nederlandsche Bank | 5,2460 % |Oesterreichische Nationalbank | 2,5620 % |Banco de Portugal | 2,3325 % |Banka Slovenije | 0,4325 % |Národná banka Slovenska | 0,9100 % |Suomen Pankki | 1,6475 % |TOTAL | 100,0000 % |--------------------------------------------------


title: Council Decision of 25 May 2010 appointing the President, the Vice-President, the President of the Boards of Appeal and three chairmen of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs)

text:
               11.6.2010

               EN

               Official Journal of the European Union

               C 152/1

         COUNCIL DECISION
   of 25 May 2010
   appointing the President, the Vice-President, the President of the Boards of Appeal and three chairmen of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs)
   2010/C 152/01
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (1), and in particular Articles 125 and 136 thereof,
   Having regard to the candidatures presented by the Administrative Board of the Office for Harmonization in the Internal Market (trade marks and designs) on 12 April 2010,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr António-Serge DE PINHO CAMPINOS, born in Poitiers (France) on 24 October 1968, is hereby appointed President of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.
   Mr Christian L.L.G. ARCHAMBEAU, born in Vielsalm (Belgium) on 11 April 1960, is hereby appointed Vice-President of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.
   Mr Paul Alexandre MAIER, born in Strasbourg (France) on 4 May 1958, is hereby appointed President of the Boards of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.
   Mr Théophilos MARGELLOS, born in Athens (Greece) on 21 November 1953, is hereby appointed chairman of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.
   Mr Tomás DE LAS HERAS LORENZO, born in Zamora (Spain) on 22 July 1951, is hereby appointed chairman of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.
   Mr Detlef Michael SCHENNEN, born in Münster (Germany) on 10 September 1956, is hereby appointed chairman of a Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs) for a term of 5 years.
   Article 2
   The dates on which the 5-year terms referred to in Article 1 shall commence shall be determined by the Administrative Board of the Office for Harmonization in the Internal Market (trade marks and designs).
   Article 3
   The present Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 25 May 2010.

            For the Council

            The President

         M. SEBASTIÁN

      (1)  OJ L 78, 24.3.2009, p. 1.


title: 2013/13/EU: Decision of the European Parliament and of the Council of 12 December 2012 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/011 AT/Soziale Dienstleistungen from Austria)

text:
               12.1.2013

               EN

               Official Journal of the European Union

               L 8/12

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 12 December 2012
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/011 AT/Soziale Dienstleistungen from Austria)
   (2013/13/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to 30 December 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Austria submitted an application on 21 December 2011 to mobilise the EGF in respect of redundancies in 105 enterprises operating in the NACE Revision 2 Division 88 (‘Social work activities without accommodation’) in the NUTS II region of Steiermark (AT22), and supplemented it by additional information up to 25 June 2012. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 5 200 650.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Austria,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2012, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 5 200 650 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 12 December 2012.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


title: Decision (EU) 2015/468 of the European Parliament and of the Council of 11 March 2015 on the mobilisation of the European Globalisation Adjustment Fund in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2013/007 BE/Hainaut steel (Duferco-NLMK), from Belgium)

text:
               20.3.2015

               EN

               Official Journal of the European Union

               L 76/52

         DECISION (EU) 2015/468 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 11 March 2015
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2013/007 BE/Hainaut steel (Duferco-NLMK), from Belgium)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (1), and in particular Article 12(3) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The EGF shall not exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3).

               (3)

               Belgium submitted an application to mobilise the EGF, in respect of redundancies in the enterprises Duferco Belgium SA and NLMK La Louvière SA, on 27 September 2013 and supplemented it by additional information up to 4 July 2014. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006.

               (4)

               The EGF should, therefore, be mobilised in order to provide a financial contribution of an amount of EUR 981 956 for the application submitted by Belgium,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 981 956 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 11 March 2015.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         Z. KALNIŅA-LUKAŠEVICA

      (1)  OJ L 406, 30.12.2006, p. 1.

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  OJ L 347, 20.12.2013, p. 884.


title: 2011/483/CFSP: Council Decision 2011/483/CFSP of 28 July 2011 amending and extending Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces (EUTM Somalia)

text:
               30.7.2011

               EN

               Official Journal of the European Union

               L 198/37

         COUNCIL DECISION 2011/483/CFSP
   of 28 July 2011
   amending and extending Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces (EUTM Somalia)

      THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,
   Whereas:

               (1)

               On 15 February 2010, the Council adopted Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces (1).

               (2)

               On 31 March 2010, the Council adopted Decision 2010/197/CFSP on the launch of a European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) (2).

               (3)

               On 20 July 2011, the Council approved the revised Crisis Management Concept for EUTM Somalia.

               (4)

               On 28 April 2011, in his report S/2011/277 to the Security Council, the United Nations Secretary-General (UNSG) noted the territorial gains and the progress in the security track, and mentioned the training provided by the EU. The UNSG recommends focusing on further development of the Somali security sector institutions and in particular recommends improving the Command and Control structures of the National Security Forces (NSF).

               (5)

               On 21 April 2011, the Chairperson of the African Union (AU) Commission submitted his report on the situation in Somalia to the Peace and Security Council. He highlighted the gains in the security domain and made a request for the continuation of the training support.

               (6)

               In his letter of 4 May 2011, to the High Representative of the Union for Foreign Affairs and Security Policy, the Prime Minister of Somalia, expressed the Somali Transitional Federal Government’s (TFG) appreciation for the EU’s support and reiterated the TFG’s full commitment to building a Command and Control structure for the NSF, to protect the civilian population and to integrate different militias and clans’ forces into the NSF.

               (7)

               The TGF’s appreciation was reiterated during the Joint Security Committee in Kampala on 23 June 2011.

               (8)

               During the Joint Consultative meeting of the AU PSC and the EU PSC held on 10 May 2011 in Addis Ababa, the AU expressed its satisfaction with the support provided by EUTM Somalia in the build-up to a professional and unified Somali NSF.

               (9)

               Ugandan Political and Military authorities have expressed their satisfaction with the partnership with the EU and the United States of America, and their willingness to continue the training.

               (10)

               In accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision and therefore does not participate in the financing of this operation.

               (11)

               EUTM Somalia should be further extended,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/96/CFSP is hereby amended as follows:

               (1)

               in Article 1, paragraphs 1 and 2 are replaced by the following:
               1.   In order to continue contributing towards strengthening the Somali Transitional Federal Government (TFG) as a functioning government serving all Somali citizens, an EU military training mission (EUTM Somalia) shall contribute to the development of the Somali security sector through the provision of military training to the National Security Forces (NSF). Training will focus on developing Command and Control and specialised capabilities and on self-training capacities of the Somali NSF, with a view to transferring EU training expertise to local actors. EUTM Somalia will continue operating in close cooperation and coordination with other actors in the International Community, in particular the United Nations, AMISOM, and the United States of America and Uganda in line with agreed TFG requirements.
               2.   The EU military training carried out to that end shall continue to take place mainly in Uganda, in accordance with the political objective of the EU mission to contribute to the training of Somali security forces, as defined in the revised Crisis Management Concept approved by the Council on 20 July 2011. Elements of EUTM Somalia will also be based in Nairobi and Brussels.’;

               (2)

               in Article 2, paragraph 1 is replaced by the following:
               1.   Colonel Michael BEARY is hereby appointed EU Mission Commander with effect from 9 August 2011.’;

               (3)

               Article 10 is hereby amended as follows:

                           (a)

                           paragraph 2 is replaced by the following:
                           2.   The financial reference amount for the common costs of the EU military mission for the period until 9 August 2011 shall be EUR 4,8 million. The percentage of the reference amount referred to in Article 32(3) of ATHENA shall be 60 %.’;

                           (b)

                           the following paragraph is added:
                           3.   The financial reference amount for the common costs of the EU military mission for the period starting on 9 August 2011 shall be EUR 4,8 million. The percentage of this reference amount referred to in Article 32(3) of ATHENA shall be 30 %.’;

               (4)

               in Article 12, paragraph 2 is replaced by the following:
               2.   The EU military mission shall terminate in 2012 after two 6-month training periods and redeployment of the EU units and personnel to Europe.’.

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

      Done at Brussels, 28 July 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 44, 19.2.2010, p. 16.

      (2)  OJ L 87, 7.4.2010, p. 33.


title: Decision (EU) 2017/684 of the European Parliament and of the Council of 5 April 2017 on establishing an information exchange mechanism with regard to intergovernmental agreements and non-binding instruments between Member States and third countries in the field of energy, and repealing Decision No 994/2012/EU (Text with EEA relevance. )

text:
               12.4.2017

               EN

               Official Journal of the European Union

               L 99/1

         DECISION (EU) 2017/684 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 5 April 2017
   on establishing an information exchange mechanism with regard to intergovernmental agreements and non-binding instruments between Member States and third countries in the field of energy, and repealing Decision No 994/2012/EU
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               The proper functioning of the internal energy market requires that the energy imported into the Union be fully governed by the rules establishing the internal energy market. Transparency and compliance with Union law represents an important element in ensuring the energy stability of the Union. An internal energy market that does not function properly puts the Union in a vulnerable and disadvantageous position with regard to security of energy supply, and undermines its potential benefits to European consumers and industry.

               (2)

               In order to safeguard the Union's energy supply, it is necessary to diversify energy sources and build new energy interconnections between Member States. At the same time, it is essential to increase cooperation with regard to energy security with the Union's neighbouring countries and with strategic partners.

               (3)

               The objective of the Energy Union Strategy, as adopted by the Commission on 25 February 2015, is to give consumers secure, sustainable, competitive and affordable energy. Pursuing energy, trade and external policies in a coherent and consistent manner will contribute significantly to achieving that objective. More precisely, the Energy Union Strategy emphasises that full compliance of agreements related to the buying of energy from third countries with Union law is an important element in ensuring energy security, building on the analysis already carried out in the European energy security strategy of 28 May 2014. In the same spirit, the European Council in its conclusions of 19 March 2015 called for full compliance with Union law of all agreements related to the buying of gas from external suppliers, notably by reinforcing transparency of such agreements and compatibility with Union energy security provisions.

               (4)

               The European Parliament, in its resolution of 15 December 2015 entitled ‘Towards a European Energy Union’, stressed the need to enhance the coherence of the Union's external energy security policies and greater transparency in energy-related agreements.

               (5)

               Decision No 994/2012/EU of the European Parliament and of the Council (3) has been useful for receiving information on existing intergovernmental agreements and for identifying problems posed by them in terms of their compatibility with Union law.

               (6)

               However, Decision No 994/2012/EU has proved to be ineffective in terms of ensuring the compliance of intergovernmental agreements with Union law. That Decision has mainly relied on the assessment of intergovernmental agreements by the Commission after they were concluded by the Member States with a third country. Experience gained in the implementation of Decision No 994/2012/EU has demonstrated that such an ex-post assessment does not fully exploit the potential for ensuring the compliance of intergovernmental agreements with Union law. In particular, intergovernmental agreements often contain no appropriate termination or adaptation clauses which would allow Member States to eliminate any non-compliance within a reasonable period of time. Furthermore, the positions of the signatories have already been fixed, which creates political pressure not to change any aspect of the agreement.

               (7)

               A high degree of transparency with regard to agreements between Member States and third countries in the field of energy will be of benefit in achieving both closer intra-Union cooperation in the field of external energy relations and the Union's long-term policy objectives relating to energy, climate and security of energy supply.

               (8)

               In order to avoid any non-compliance with Union law and to enhance transparency, Member States should inform the Commission of their intention to enter into negotiations with regard to new intergovernmental agreements or amendments to intergovernmental agreements as soon as possible. The Commission should be kept informed regularly of the progress of the negotiations. Member States should have the possibility to invite the Commission to participate in the negotiations as an observer. The Commission should be able to request to participate in the negotiations as an observer.

               (9)

               During the negotiation of an intergovernmental agreement, the Commission should have the possibility to advise the Member State concerned on how to avoid incompatibility of that agreement with Union law. In that framework, the Commission should also have the possibility to draw the attention of the Member State concerned to the relevant Union energy policy objectives, solidarity between Member States and Union policy positions adopted in Council or European Council conclusions. However, this should not form part of the legal assessment of the Commission of the draft intergovernmental agreement or amendment.

               (10)

               In order to ensure compliance with Union law, and with due regard to the fact that intergovernmental agreements and amendments in the area of gas or oil currently have the largest relative repercussions on the proper functioning of the internal energy market and on the security of energy supply of the Union, Member States should, on an ex-ante basis, notify draft intergovernmental agreements relating to gas or oil to the Commission before they become legally binding on the parties. In a spirit of cooperation, the Commission should support the Member State in identifying compliance issues of the draft intergovernmental agreement or amendment. The Member State concerned would then be better prepared to conclude an agreement that complies with Union law.

               (11)

               The Commission should have sufficient time for such an assessment in order to provide for as much legal certainty as possible while avoiding undue delays. The Commission should consider shortening the periods that are provided for its assessment if appropriate, in particular if a Member State so requests or has kept the Commission informed in sufficient detail during the negotiations phase, and having regard to the extent to which the draft intergovernmental agreement or amendment is based on model clauses. In order to benefit fully from the Commission's support, Member States should refrain from concluding an intergovernmental agreement relating to gas or oil, or an intergovernmental agreement relating to electricity where a Member State has chosen to request ex-ante assessment by the Commission, until the Commission has informed the Member State of its assessment. The Member States should take all necessary steps to reach a suitable solution to eliminate any incompatibility identified.

               (12)

               In light of the Energy Union Strategy, transparency with regard to past and future intergovernmental agreements continues to be of upmost importance and is an important element in ensuring the Union's energy stability. Therefore, Member States should continue notifying to the Commission existing and future intergovernmental agreements, whether they have entered into force or are being applied provisionally within the meaning of Article 25 of the Vienna Convention on the Law of Treaties, and new intergovernmental agreements.

               (13)

               The Commission should assess the compatibility with Union law of intergovernmental agreements that are in force or apply provisionally on the date of entry into force of this Decision, and inform the Member States accordingly. In the event of incompatibility, Member States should take all necessary steps to reach a suitable solution to eliminate the incompatibility identified.

               (14)

               This Decision should apply to intergovernmental agreements. Intergovernmental agreements express, in particular in their content, and regardless of their formal designation, the intention of the parties that the agreement should have binding force, entirely or in part. Only intergovernmental agreements that concern the purchase, trade, sale, transit, storage or supply of energy in or to at least one Member State, or the construction or operation of energy infrastructure with a physical connection to at least one Member State should be notified. Where in doubt, Member States should consult the Commission without delay. In principle, agreements that are no longer in force or are no longer applied should not be covered by this Decision.

               (15)

               It is the legally binding force of an instrument, or of parts thereof, not its formal designation, that qualifies it as an intergovernmental agreement or, in the absence of legally binding force, as a non-binding instrument for the purposes of this Decision.

               (16)

               Member States establish relations with third countries not only by concluding intergovernmental agreements, but also in the form of non-binding instruments, which are often formally designated as memorandums of understanding, joint declarations, ministerial joint declarations, joint actions, joint codes of conduct, or similar terms. Because they are not legally binding, Member States cannot be legally required to implement such instruments, including where such implementation is incompatible with Union law. Even if they are not legally binding, such instruments can be used to set out a detailed framework for energy infrastructure and energy supply. In the interest of greater transparency, Member States should be able to submit to the Commission non-binding instruments, namely arrangements between one or more Member States and one or more third countries which are not legally binding and which set out the conditions for energy supply or for the development of energy infrastructures, including by containing interpretations of Union law in this respect, or amendments to such non-binding instruments, including any annexes thereto. If a non-binding instrument or an amendment refers explicitly to other texts, the Member State should also be able to submit those other texts.

               (17)

               Intergovernmental agreements and non-binding instruments which need to be notified in their entirety to the Commission on the basis of other Union acts or which concern matters that fall within the scope of the Treaty establishing the European Atomic Energy Community, should not be covered by this Decision.

               (18)

               This Decision should not create obligations as regards agreements between undertakings. However, Member States should be free to communicate to the Commission, on a voluntary basis, such agreements that are referred to explicitly in intergovernmental agreements or non-binding instruments.

               (19)

               The Commission should make information it receives on intergovernmental agreements available to all other Member States in secure electronic form, in order to enhance coordination and transparency between Member States, thus leveraging their negotiation power vis-à-vis third countries. The Commission should respect requests from Member States to treat information submitted to it as confidential. Requests for confidentiality should, however, not restrict access of the Commission itself to confidential information, as the Commission needs to have comprehensive information for its own assessments. The Commission should be responsible for guaranteeing the application of the confidentiality clause. Requests for confidentiality are without prejudice to the right of access to documents as provided for in Regulation (EC) No 1049/2001 of the European Parliament and of the Council (4).

               (20)

               If a Member State considers an intergovernmental agreement to be confidential, it should provide the Commission with a summary containing its subject matter, aim, scope, duration, the parties thereto, and information on its main elements for the purposes of sharing that summary with the other Member States.

               (21)

               A permanent exchange of information on intergovernmental agreements at Union level should enable best practices to be developed. On the basis of those best practices, the Commission, in cooperation with Member States, and where appropriate in cooperation with the European External Action Service as regards the Union's external policies, should develop optional model clauses to be used in intergovernmental agreements between Member States and third countries, as well as guidance, including a list of examples of clauses that do not respect Union law and should not therefore be used. The use of such model clauses should aim to avoid conflicts between intergovernmental agreements and Union law, in particular internal energy market rules and Union competition law, and conflicts with international agreements concluded by the Union. Such model clauses or guidance should serve as a tool of reference for the competent authorities and will thus benefit increased transparency and compatibility with Union law. The use of such model clauses should be optional, and it should be possible to adapt their content to any particular circumstance.

               (22)

               The improved mutual knowledge of existing and new intergovernmental agreements should allow for enhanced transparency and better coordination in energy matters between Member States and between Member States and the Commission. Such improved coordination should enable Member States to benefit fully from the political and economic weight of the Union and enable the Commission to propose solutions for problems identified in the area of intergovernmental agreements.

               (23)

               The Commission should facilitate and encourage coordination between Member States with a view to enhancing the overall strategic role of the Union in the field of energy through a well-defined and effective coordinated approach to producer, transit and consumer countries.

               (24)

               Since the objective of this Decision, namely the exchange of information between Member States and the Commission with regard to intergovernmental agreements in the field of energy, cannot be sufficiently achieved by the Member States but can rather, by reason of the effects of this Decision, applicable in all Member States, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.

               (25)

               The provisions of this Decision should be without prejudice to the application of the Union rules on infringements, State aid and competition. In particular, the Commission has the right to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU), where it considers that a Member State has failed to fulfil its obligations under the TFEU.

               (26)

               The Commission should assess whether this Decision is sufficient and effective in ensuring compliance of intergovernmental agreements with Union law and a high level of coordination between Member States with regard to intergovernmental agreements in the field of energy.

               (27)

               Decision No 994/2012/EU should therefore be repealed,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Subject matter and scope
   1.   This Decision establishes a mechanism for the exchange of information between Member States and the Commission with regard to intergovernmental agreements in the field of energy as defined in Article 2, in order to ensure the functioning of the internal energy market and enhance the security of energy supply in the Union.
   2.   This Decision does not apply to intergovernmental agreements which are already, in their entirety, subject to other specific notification procedures under Union law.
   Article 2
   Definitions
   For the purposes of this Decision the following definitions apply:

               (1)

               ‘intergovernmental agreement’ means any legally binding agreement, regardless of its formal designation, between one or more Member States and one or more third countries, or between one or more Member States and an international organisation, which concerns:

                           (a)

                           the purchase, trade, sale, transit, storage or supply of energy in or to at least one Member State; or

                           (b)

                           the construction or operation of energy infrastructure with a physical connection to at least one Member State;

                     however, where such a legally binding agreement also covers issues other than those referred to in points (a) and (b), only the provisions relating to those points and the general provisions applicable to those energy-related provisions, are deemed to constitute an intergovernmental agreement;

               (2)

               ‘existing intergovernmental agreement’ means an intergovernmental agreement which is in force, or applies provisionally on 2 May 2017;

               (3)

               ‘non-binding instrument’ means an arrangement between one or more Member States and one or more third countries which is not legally binding, such as a memorandum of understanding, joint declaration, ministerial joint declaration, joint action or joint code of conduct, and which sets out the conditions for energy supply, such as volumes and prices, or for the development of energy infrastructures;

               (4)

               ‘existing non-binding instrument’ means a non-binding instrument signed or otherwise agreed prior to 2 May 2017.

         Article 3
   Notification obligations with respect to intergovernmental agreements
   1.   When a Member State intends to enter into negotiations with a third country or an international organisation in order to amend an intergovernmental agreement or to conclude a new intergovernmental agreement, the Member State shall inform the Commission in writing of its intention at the earliest possible moment before the envisaged opening of the negotiations.
   The Member State concerned should keep the Commission regularly informed of the progress of the negotiations. The information provided to the Commission shall include an indication of the provisions to be addressed in the negotiations and the objectives of the negotiations in accordance with Article 8.
   2.   As soon as an agreement has been reached by the parties on all the main elements of a draft intergovernmental agreement relating to gas or oil or an amendment to an intergovernmental agreement relating to gas or oil, but before the closure of formal negotiations, the Member State concerned shall notify to the Commission the draft agreement or amendment, including any annexes thereto, for ex-ante assessment in accordance with Article 5.
   Where that draft agreement or amendment refers explicitly to other texts, the respective Member State shall also submit those other texts in so far as they contain elements which concern the purchase, trade, sale, transit, storage or supply of gas or oil in or to at least one Member State or the construction or operation of gas or oil infrastructure with a physical connection to at least one Member State.
   3.   Where a Member State negotiates an intergovernmental agreement or amendment relating to electricity and has been unable, on the basis of its own assessment, to reach a firm conclusion as to the compatibility of the intergovernmental agreement or amendment under negotiation with Union law, it shall notify to the Commission the draft agreement or amendment, including any annexes thereto, for ex-ante assessment in accordance with Article 5, as soon as an agreement has been reached by the parties on all the main elements of that draft, but before the closure of formal negotiations.
   4.   Member States may avail themselves of the first and second subparagraphs of paragraph 2 for intergovernmental agreements or amendments relating to electricity.
   5.   Upon ratification of an intergovernmental agreement or of an amendment to an intergovernmental agreement, the Member State concerned shall notify the intergovernmental agreement or amendment, including any annexes thereto, to the Commission. Where the Commission has issued an opinion pursuant to Article 5(2), and the Member State concerned has departed from the Commission's opinion, that Member State should, without undue delay, explain to the Commission in writing the reasons underlying its decision.
   Where the ratified intergovernmental agreement or amendment to the intergovernmental agreement refers explicitly to other texts, the Member State concerned shall also submit those other texts in so far as they contain elements which concern the purchase, trade, sale, transit, storage or supply of energy in or to at least one Member State or the construction or operation of energy infrastructure with a physical connection to at least one Member State.
   6.   The obligation to notify to the Commission pursuant to paragraphs 2, 3 and 5 does not apply in respect of agreements between undertakings.
   Where a Member State is in doubt as to whether an agreement constitutes an intergovernmental agreement and thus whether it is to be notified in accordance with this Article and Article 6, the Member State shall consult the Commission without delay.
   7.   All notifications pursuant to paragraphs 1 to 5 of this Article and to Article 6(1) and (2) shall be made through a web-based application provided by the Commission. The periods referred to in Article 5(1) and (2) and Article 6(3) shall start to run on the date when the complete notification file has been registered in the application.
   Article 4
   Assistance from the Commission
   1.   Where a Member State gives the Commission notice of negotiations pursuant to Article 3(1), the Commission services may provide it with advice on how to avoid incompatibility with Union law of the intergovernmental agreement or of the amendment to an intergovernmental agreement under negotiation. Such advice may include relevant optional model clauses and guidance that the Commission develops in consultation with Member States in accordance with Article 9(2).
   The Commission services may also draw the attention of the Member State concerned to the relevant Union energy policy objectives, including on the Energy Union.
   That Member State may also request the assistance of the Commission in those negotiations.
   2.   At the request of the Member State concerned, the Commission may participate in the negotiations as an observer. The Commission may request to participate in the negotiations as an observer where it considers this to be necessary. The Commission's participation shall be subject to the written approval of the Member State concerned.
   3.   Where the Commission participates in the negotiations as an observer, it may provide the Member State concerned with advice on how to avoid incompatibility with Union law of the intergovernmental agreement or amendment under negotiation.
   Article 5
   Assessment by the Commission
   1.   The Commission shall, within 5 weeks of the date of notification of the complete draft intergovernmental agreement or amendment, including any annexes thereto, pursuant to Article 3(2), inform the Member State concerned of any doubts it may have as to the compatibility with Union law of the draft intergovernmental agreement or amendment. In the absence of a response from the Commission within that period, the Commission shall be deemed not to have any such doubts.
   2.   Where the Commission informs the Member State concerned pursuant to paragraph 1 that it has doubts, it shall provide the Member State concerned with its opinion on the compatibility with Union law, in particular with internal energy market rules and Union competition law, of the draft intergovernmental agreement or amendment within 12 weeks of the date of notification referred to in paragraph 1. In the absence of an opinion from the Commission within that period, the Commission shall be deemed not to have raised any objections.
   3.   With the approval of the Member State concerned, the periods referred to in paragraphs 1 and 2 may be extended. The periods referred to in paragraphs 1 and 2 shall be shortened in agreement with the Commission if circumstances so warrant, in order to ensure that the negotiations are concluded in due time.
   4.   The Member State shall not sign, ratify or agree to the draft intergovernmental agreement or amendment until the Commission has informed the Member State of any doubts, in accordance with paragraph 1, or, where applicable, has issued its opinion in accordance with paragraph 2, or, in the absence of a response or opinion from the Commission, until the period referred to in paragraph 1 or, where applicable, that referred to in paragraph 2, has elapsed.
   Before signing, ratifying or agreeing to an intergovernmental agreement or amendment, the Member State concerned shall take utmost account of the Commission's opinion referred to in paragraph 2.
   Article 6
   Notification obligations and assessment by the Commission with respect to existing intergovernmental agreements and to new intergovernmental agreements relating to electricity
   1.   By 3 August 2017 Member States shall notify to the Commission all existing intergovernmental agreements, including any annexes and amendments thereto.
   Where the existing intergovernmental agreement refers explicitly to other texts, the Member State concerned shall also submit those other texts in so far as they contain elements which concern the purchase, trade, sale, transit, storage or supply of energy in or to at least one Member State or the construction or operation of energy infrastructure with a physical connection to at least one Member State.
   The obligation to notify to the Commission laid down in this paragraph does not apply in respect of agreements between undertakings.
   2.   Existing intergovernmental agreements which have already been notified to the Commission in accordance with Article 3(1) or (5) of Decision No 994/2012/EU, or with point (a) of Article 13(6) of Regulation (EU) No 994/2010 of the European Parliament and of the Council (5) on 2 May 2017 shall be considered to have been notified for the purposes of paragraph 1 of this Article, provided that the notification meets the requirements of that paragraph.
   3.   The Commission shall assess intergovernmental agreements notified in accordance with paragraph 1 or 2 of this Article, as well as intergovernmental agreements relating to electricity notified in accordance with Article 3(5). Where, following its first assessment, the Commission has doubts as to the compatibility of those agreements with Union law, in particular with internal energy market rules and Union competition law, the Commission shall inform the Member States concerned accordingly within 9 months of the notification of those agreements.
   Article 7
   Notification with respect to non-binding instruments
   1.   Before or after the adoption of a non-binding instrument or an amendment to a non-binding instrument, the Member States may notify the non-binding instrument or the amendment, including any annexes thereto, to the Commission.
   2.   Member States may also notify to the Commission existing non-binding instruments, including any annexes and amendments thereto.
   3.   Where the non-binding instrument or the amendment to a non-binding instrument refers explicitly to other texts, the Member State concerned may also submit those other texts in so far as they contain elements which set out the conditions for energy supply, such as volumes and prices, or for the development of energy infrastructures.
   Article 8
   Transparency and confidentiality
   1.   When providing information to the Commission in accordance with Article 3(1) to (5), Article 6(1) and Article 7, a Member State may indicate whether any part of the information, be it commercial or other information the disclosure of which could harm the activities of the parties involved, is to be regarded as confidential and whether the information provided can be shared with other Member States.
   A Member State shall make such an indication with regard to the existing agreements referred to in Article 6(2) by 3 August 2017.
   2.   Where a Member State has not identified the information as confidential in accordance with paragraph 1, the Commission shall make that information accessible in secure electronic form to all other Member States.
   3.   Where a Member State has identified as confidential in accordance with paragraph 1 an existing intergovernmental agreement, an amendment thereto or a new intergovernmental agreement, that Member State shall make available a summary of the information submitted.
   That summary shall contain at least the following information regarding the intergovernmental agreement or amendment:

               (a)

               its subject matter;

               (b)

               its aim and the scope;

               (c)

               its duration;

               (d)

               the parties thereto;

               (e)

               information on the main elements thereof.

         This paragraph shall not apply to information submitted in accordance with Article 3(1) to (4).
   4.   The Commission shall make the summaries referred to in paragraph 3 accessible in electronic form to all other Member States.
   5.   Requests for confidentiality under this Article shall not restrict the access of the Commission itself to confidential information. The Commission shall ensure that access to the confidential information is strictly limited to the Commission services for which it is absolutely necessary to have the information available. Commission representatives shall handle sensitive information about negotiations relating to intergovernmental agreements, which is received during such negotiations in accordance with Articles 3 and 4, with due confidentiality.
   Article 9
   Coordination among Member States
   1.   The Commission shall facilitate and encourage coordination among Member States with a view to:

               (a)

               reviewing developments in relation to intergovernmental agreements and striving for consistency and coherence in the Union's external energy relations with producer, transit, and consumer countries;

               (b)

               identifying common problems in relation to intergovernmental agreements and considering appropriate action to address those problems and, where appropriate, proposing guidance and solutions;

               (c)

               supporting, where appropriate, the development of multilateral intergovernmental agreements involving several Member States or the Union as a whole.

         2.   By 3 May 2018, the Commission shall, on the basis of best practices and in consultation with Member States, develop optional model clauses and guidance, including a list of examples of clauses that do not respect Union law and should therefore not be used. Such optional model clauses and guidance would, if applied correctly, significantly improve compliance of future intergovernmental agreements with Union law.
   Article 10
   Reporting and review
   1.   By 1 January 2020, the Commission shall submit a report on the application of this Decision to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
   2.   The report shall, in particular, assess the extent to which this Decision promotes compliance of intergovernmental agreements with Union law, including in the field of electricity, and a high level of coordination between Member States with regard to intergovernmental agreements. It shall also assess the impact that this Decision has on Member States' negotiations with third countries and whether the scope of this Decision and the procedures it lays down are appropriate. The report shall be accompanied, if appropriate, by a proposal to revise this Decision.
   Article 11
   Repeal
   Decision No 994/2012/EU is repealed with effect from 2 May 2017.
   Article 12
   Entry into force
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 13
   Addressees
   This Decision is addressed to the Member States.

      Done at Strasbourg, 5 April 2017.

            For the European Parliament

            The President

         A. TAJANI

            For the Council

            The President

         I. BORG

      (1)  OJ C 487, 28.12.2016, p. 81.

      (2)  Position of the European Parliament of 2 March 2017 (not yet published in the Official Journal) and decision of the Council of 21 March 2017.

      (3)  Decision No 994/2012/EU of the European Parliament and of the Council of 25 October 2012 establishing an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy (OJ L 299, 27.10.2012, p. 13).

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

      (5)  Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply and repealing Council Directive 2004/67/EC (OJ L 295, 12.11.2010, p. 1).


title: Commission Decision of 24 November 2015 on the coordination of the actions of the Union and of the Member States through a coordination mechanism — the Refugee Facility for Turkey

text:
               8.12.2015

               EN

               Official Journal of the European Union

               C 407/8

         COMMISSION DECISION
   of 24 November 2015
   on the coordination of the actions of the Union and of the Member States through a coordination mechanism — the Refugee Facility for Turkey
   (2015/C 407/07)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular its Articles 210(2) and 214(6),
   Whereas:

               (1)

               The international community faces an unprecedented refugee crisis which requires solidarity, togetherness and efficiency. Challenges are common and responses need to be coordinated.

               (2)

               Due to its geographical position Turkey is a major first reception and transit country for migrants that will by the end of 2015 be hosting more than 2 million of asylum seekers and refugees, the highest number in the world. Turkey is making commendable efforts to provide massive humanitarian aid and support to an unprecedented and continuously increasing influx of people seeking refuge and has already spent more than EUR 7 billion of its own resources on addressing this crisis.

               (3)

               Turkey and the EU are determined to confront and surmount the existing challenges in a concerted manner. To this end, a policy document reflecting the understanding between the European Union and the Republic of Turkey to step up their cooperation on support of Syrians under temporary protection and migration management in a coordinated effort to address the crisis (hereinafter: ‘the EU-Turkey Joint Action Plan’), agreed ad referendum by Turkey on 15 October 2015, aims to address the refugee crisis and migration management. The European Council Conclusions the same day welcomed ‘the joint Action Plan with Turkey as a part of a comprehensive cooperation based on shared responsibility, mutual commitments and delivery’ and stated that ‘the EU and its Member States stand ready to increase cooperation with Turkey and step up their political and financial engagement substantially within the established framework’.

               (4)

               As foreseen in the EU-Turkey Joint Action Plan, the EU needs to mobilise substantial new financial resources, in a sustained and responsive manner to assist Turkey in addressing the emerging needs and coping with the challenge represented by the presence of Syrians under temporary protection. The funds should be mobilised in the most flexible and rapid way possible. The identification of the priorities and the areas where they should be allocated should be decided in consultation with the Turkish authorities, except for actions providing immediate humanitarian assistance. Priority will be given to immediate humanitarian, development and other assistance to refugees and host communities, national and local authorities in managing and addressing the consequences of the inflows of refugees should be provided.

               (5)

               The European Union and Member States budgets have so far mobilised a total of EUR 3,6 billion since the start of the Syrian conflict (around EUR 1,6 billion from the Union budget and EUR 2,0 billion from Member States), making them the main world donor in addressing the consequences of this crisis. This assistance has allowed for urgent delivery of humanitarian assistance and supported the national and local capacities to deliver services for those affected by the crisis (education, health, basic services such as water and waste management services, support to livelihoods). However, the various European Union instruments and Member States’ programmes work in parallel through various bilateral channels (United Nations (UN) agencies, Non-Governmental Organisations, national agencies, host country governments).

               (6)

               Title III of Part Five of the Treaty on the Functioning of the European Union (TFEU) concerns, inter alia, development cooperation with third countries and humanitarian aid. The exercise of the Union’s competence in these areas does not result in Member States being prevented from exercising their competence, in accordance with Article 4(4) TFEU.

               (7)

               Turkey is included in the OECD Development Assistance Committee’s list of Official Development Assistance recipient countries as ‘upper middle income country’.

               (8)

               Pursuant to Article 210(1) TFEU the Union and the Member States shall coordinate their respective policies and shall consult each other. An increased coordination is therefore needed. In accordance with Articles 210(2) and 214(6) TFEU, the Commission may take any useful initiative to promote coordination between actions of the Union and those of the Member States, in order to enhance the efficiency and complementarity of Union and national aid measures.

               (9)

               The overall objective of the Turkey Facility is to coordinate and streamline actions financed from the Union’s budget and bilateral contributions from Member States in order to enhance the efficiency and complementarity of support provided to refugees and host communities in Turkey.

               (10)

               EU and Member States assistance shall enable a comprehensive response commensurate to the challenges. This response should contribute to mitigating the consequences of the refugee influx both for the refugees and for Turkey as a host country. It should bring together funds and actions from the EU and its Member States to address the needs in a coordinated and comprehensive manner.

               (11)

               EU instruments currently used in response to the Syrian crisis, such as the European Neighbourhood Instrument (ENI) (1), the Development Cooperation Instrument (DCI) (2), the Instrument for Pre-Accession Assistance (IPA II) (3), the Instrument contributing to Stability and Peace (IcSP) (4) and funding under Council Regulation (EC) No 1257/96 concerning humanitarian aid (5) may contribute to the Turkey Facility within the limits laid down in the multiannual financial framework 2014-20. Any humanitarian assistance under the Turkey Facility shall be administered and provided in full respect for humanitarian principles and the European Consensus on Humanitarian Aid (6).

               (12)

               Actions and measures to be financed by the Union’s budget will be implemented in accordance with its financial rules and regulations — which includes both direct and indirect management and Union trust funds as one of the implementing tools foreseen in line with Article 4 of Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union’s instruments for financing external action (7).

               (13)

               The Commission acknowledges the expressed intentions of the Member States to contribute EUR 2 500 000 000 out of a total amount of EUR 3 000 000 000. The Commission invites Member States to commit formally their financial share in line with the breakdown described in the Annex which uses the GNI-key.

               (14)

               The Commission notes that there is currently a ‘windfall’ of ‘other revenue’ and customs duties of EUR 2 300 000 000 in the 2015 EU budget; this revenue comes from a higher level of collected competition fines, revenues from investments and loans granted, penalties, late payment interests and higher than expected customs duties. This amount of EUR 2 300 000 000 is part of draft amending budget 8/2015 recently adopted by the European Parliament and Council. These windfall revenues from the 2015 budget will be deducted from the contributions of the Member States to the EU Budget.

               (15)

               Financial contributions from Member States should be included into the Union’s budget as external assigned revenue in accordance with Article 21(2)(b) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (8),

         HAS DECIDED AS FOLLOWS:
   Article 1
   Establishment of the Refugee Facility for Turkey
   This Decision establishes a coordination mechanism — the Refugee Facility for Turkey (‘the Facility’) — to assist Turkey in addressing the immediate humanitarian and development needs of the refugees and their host communities, national and local authorities in managing and addressing the consequences of the inflow of refugees.
   Article 2
   Objectives of the Facility
   1.   The Facility aims at coordinating and streamlining actions financed from the Union’s budget and bilateral contributions from Member States.
   2.   Its specific objective is to enhance the efficiency and complementarity of support provided to refugees and host communities in Turkey.
   3.   The Commission shall ensure that all actions undertaken under the Union’s external financing instruments as well as individual measures by Member States are complementary to those coordinated under the Facility.
   Article 3
   Scope and form of support
   1.   The Commission shall coordinate the Union and Member States’ actions by setting priorities and by coordinating the allocation of resources.
   It will do so in accordance with the mechanism set out in Article 5 of the present Decision.
   2.   Through the Facility the provision of humanitarian, development and other assistance to refugees and host communities, national and local authorities in managing and addressing the consequences of the inflows of refugees will be coordinated.
   3.   The assistance may take the form of grants, except if the nature of the project to be financed requires another form of support, in line with Article 4 of Regulation (EU) No 236/2014.
   4.   The Commission shall ensure that equality between men and women and the integration of the gender perspective are taken into account and promoted during the various stages of the implementation of the Facility.
   The Commission shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in obtaining access to the projects supported by the Facility.
   Article 4
   Coordination of resources under the Facility
   1.   The Facility shall coordinate an amount of EUR 3 000 000 000.
   2.   EUR 500 000 000 out of the overall amount shall be financed from the EU budget, subject to subsequent individual financing decisions in accordance with Article 84(2) of Regulation (EU, Euratom) No 966/2012 and in accordance with its financial rules and the requirements of the respective basic act.
   3.   On the basis of their pledged financial contributions, Member States shall provide an amount of EUR 2 500 000 000, in accordance with the breakdown set out in the Annex to the present Decision.
   Article 5
   Steering committee
   1.   The steering committee of the Facility shall provide strategic guidance on the coordination of the assistance to be delivered.
   It shall also permanently monitor the implementation of the Facility.
   The steering committee shall be composed of two representatives of the Commission and one representative of each Member State.
   Turkey shall be member of the steering committee in an advisory capacity, so as to ensure full coordination of the actions on the ground, except for actions providing immediate humanitarian assistance.
   The Commission shall chair the steering committee.
   It shall be ensured that Member States and the Commission representatives in the Committee are not in a situation of conflict of interests, as defined by Regulation (EU, Euratom) No 966/2012.
   2.   The Commission shall retain the responsibility for the final decision on the setting of priorities, on the identification of actions and on the allocation of funds, while seeking to reach a consensus whenever possible.
   3.   Upon proposal by the Commission, the steering committee shall draw up and adopt its rules of procedure within two months of the date of adoption of this Decision.
   4.   The secretariat of the facility shall be provided by the Commission.
   Article 6
   Implementation modalities
   1.   The Commission shall select and coordinate the implementation of the relevant actions, in particular through ex-ante screening of proposed actions.
   2.   Priority will be given to actions providing immediate humanitarian, development and other assistance to refugees and host communities, national and local authorities in managing and addressing the consequences of the inflows of refugees.
   The Turkish authorities shall be consulted in respect to all actions other than those providing immediate humanitarian assistance.
   The Commission shall have regular meetings with the Member States competent authorities and the appropriate authorities in Turkey.
   3.   Actions and measures to be financed by the Union’s budget will be implemented in accordance with its financial rules and the requirements of the respective basic act.
   4.   Member States’ contributions aimed at financing actions and measures selected and coordinated in accordance with the present Decision shall be included into the Union’s budget as external assigned revenue in accordance with Article 21(2)(b) of Regulation (EU, Euratom) No 966/2012. These financial contributions shall either be implemented directly by the Commission pursuant to point (a) of Article 58(1) of Regulation (EU, Euratom) No 966/2012 or indirectly by entrusting budget implementation tasks to entities pursuant to Article 58(1)(c) of Regulation (EU, Euratom) No 966/2012, including bodies governed by the private law of a Member State.
   5.   Actions providing immediate humanitarian assistance which are coordinated under the Facility will be selected and implemented in accordance with the principles laid down in the European Consensus on Humanitarian Aid.
   Article 7
   Visibility
   The Commission shall provide information on and promote the actions supported by the Facility so as to ensure its visibility.
   Article 8
   Information, monitoring and evaluation
   1.   The Commission shall keep the European Parliament and the Council regularly informed about the implementation of the Facility.
   2.   The Commission shall report annually to the European Parliament and to the Council on the implementation of the Facility.
   3.   The Commission shall carry out an evaluation of the Facility in full coordination with the Member States by 31 December 2019.
   Article 9
   Final provisions
   1.   This Facility is established as from 1 January 2016 for financial contributions under the budgetary years 2016 and 2017. By 21 December 2015, Member States shall communicate the timing of their contributions, including their envisaged payment schedule for 2016-17 to the Commission.
   2.   The Commission shall review the financial capacity, duration and nature of the funding by 31 December 2016.

      Done at Strasbourg, 24 November 2015.

            For the Commission

         Johannes HAHN

            Member of the Commission

      (1)  Regulation (EU) No 232/2014 of the European Parliament and of the Council establishing a European Neighbourhood Instrument (OJ L 77, 15.3.2014, p. 27).

      (2)  Regulation (EU) No 233/2014 of the European Parliament and of the Council establishing a financing instrument for development cooperation (OJ L 77, 15.3.2014, p. 44).

      (3)  Regulation (EU) No 231/2014 of the European Parliament and of the Council establishing an Instrument for Pre-accession Assistance (OJ L 77, 15.3.2014, p. 11).

      (4)  Regulation (EU) No 230/2014 of the European Parliament and of the Council establishing an instrument contributing to stability and peace (OJ L 77, 15.3.2014, p. 1).

      (5)  OJ L 163, 2.7.1996, p. 1.

      (6)  Joint Statement by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the European Commission ‘The European Consensus on Humanitarian Aid’ (OJ C 25, 30.1.2008, p. 1).

      (7)  OJ L 77, 15.3.2014, p. 95.

      (8)  OJ L 298, 26.10.2012, p. 1.

      ANNEX

                  Member State

                  1 % of gross national income
                  (EUR)

                  GNI key

                  National contribution for the Turkey Refugee Facility
                  (EUR)

                  Belgium

                  4 044 908 000

                  2,88 %

                  72 055 025,81

                  Bulgaria

                  412 388 025

                  0,29 %

                  7 346 181,86

                  Czech Republic

                  1 429 950 658

                  1,02 %

                  25 472 799,77

                  Denmark

                  2 691 551 852

                  1,92 %

                  47 946 662,36

                  Germany

                  29 998 426 500

                  21,38 %

                  534 384 810,63

                  Estonia

                  195 941 500

                  0,14 %

                  3 490 455,12

                  Ireland

                  1 605 484 000

                  1,14 %

                  28 599 708,83

                  Greece

                  1 758 757 000

                  1,25 %

                  31 330 077,48

                  Spain

                  10 723 591 000

                  7,64 %

                  191 027 490,92

                  France

                  21 697 735 000

                  15,46 %

                  386 518 273,19

                  Croatia

                  414 701 663

                  0,30 %

                  7 387 396,46

                  Italy

                  15 782 177 500

                  11,25 %

                  281 139 943,61

                  Cyprus

                  162 048 000

                  0,12 %

                  2 886 684,40

                  Latvia

                  245 937 500

                  0,18 %

                  4 381 071,93

                  Lithuania

                  363 756 951

                  0,26 %

                  6 479 879,52

                  Luxembourg

                  302 768 000

                  0,22 %

                  5 393 436,90

                  Hungary

                  1 028 794 578

                  0,73 %

                  18 326 701,09

                  Malta

                  79 473 735

                  0,06 %

                  1 415 726,15

                  Netherlands

                  6 589 010 000

                  4,70 %

                  117 375 051,69

                  Austria

                  3 201 701 000

                  2,28 %

                  57 034 337,54

                  Poland

                  3 997 275 344

                  2,85 %

                  71 206 509,04

                  Portugal

                  1 708 890 500

                  1,22 %

                  30 441 767,55

                  Romania

                  1 517 506 692

                  1,08 %

                  27 032 502,06

                  Slovenia

                  366 916 000

                  0,26 %

                  6 536 154,06

                  Slovakia

                  737 276 500

                  0,53 %

                  13 133 667,62

                  Finland

                  1 992 220 500

                  1,42 %

                  35 488 940,55

                  Sweden

                  4 301 727 510

                  3,07 %

                  76 629 947,27

                  United Kingdom

                  22 990 023 751

                  16,38 %

                  409 538 796,60

                  Total

                  140 340 939 259

                  1

                  2 500 000 000,00


title: Council Decision (EU) 2015/1293 of 20 July 2015 on the conclusion, on behalf of the European Union, of the European Convention on the legal protection of services based on, or consisting of, conditional access

text:
               29.7.2015

               EN

               Official Journal of the European Union

               L 199/3

         COUNCIL DECISION (EU) 2015/1293
   of 20 July 2015
   on the conclusion, on behalf of the European Union, of the European Convention on the legal protection of services based on, or consisting of, conditional access
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(6)(a)(v) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 16 July 1999, the Council authorised the Commission to negotiate within the Council of Europe, on behalf of the European Community, a convention concerning the legal protection of services based on, or consisting of, conditional access.

               (2)

               The European Convention on the legal protection of services based on, or consisting of, conditional access (‘the Convention’) was adopted by the Council of Europe on 24 January 2001 and entered into force on 1 July 2003.

               (3)

               The Convention establishes a regulatory framework which is almost identical to that set out in Directive 98/84/EC of the European Parliament and of the Council (1).

               (4)

               On 21 December 2011, the Convention was signed on behalf of the Union (2).

               (5)

               The conclusion of the Convention could help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union, and establish a law on services based on conditional access which would be applicable throughout the European continent.

               (6)

               The Convention should be approved on behalf of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The European Convention on the legal protection of services based on, or consisting of, conditional access (3) is hereby approved on behalf of the Union.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit on behalf of the Union the instrument of approval provided for in Article 12 of the Convention, in order to express the consent of the Union to be bound.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 20 July 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (OJ L 320, 28.11.1998, p. 54).

      (2)  The Convention was signed on the basis of Council Decision 2011/853/EU of 29 November 2011 on the signing, on behalf of the Union, of the European Convention on the legal protection of services based on, or consisting of, conditional access (OJ L 336, 20.12.2011, p. 1). That Decision has since been replaced by Council Decision 2014/243/EU of 14 April 2014 on the signing, on behalf of the European Union, of the European Convention on the legal protection of services based on, or consisting of, conditional access (OJ L 128, 30.4.2014, p. 61).

      (3)  The text of the Convention has been published in OJ L 336, 20.12.2011, p. 2.

      ANNEX

         DECLARATION OF THE EU
          (1)

      While fully recognising the objectives pursued by the European Convention on the legal protection of services based on, or consisting of, conditional access, the Union expresses its concern regarding the application of Article 9 and Article 10(3) of the Convention, following the accession of the Union thereto, on the basis of its exclusive competence.
      This Declaration is without prejudice to the voting procedures within the Committee of Ministers of the Council of Europe.

         (1)  To be communicated to the Secretary-General of the Council of Europe at the time of deposition of the instrument of approval of the Convention.


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