title: Council Decision (EU) 2015/541 of 24 March 2015 repealing Decision 2011/492/EU concerning the conclusion of consultations with the Republic of Guinea-Bissau under Article 96 of the ACP-EU Partnership Agreement

text:
               1.4.2015

               EN

               Official Journal of the European Union

               L 88/13

         COUNCIL DECISION (EU) 2015/541
   of 24 March 2015
   repealing Decision 2011/492/EU concerning the conclusion of consultations with the Republic of Guinea-Bissau under Article 96 of the ACP-EU Partnership Agreement
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific (‘ACP’) Group of States of the one part, and the European Community and its Member States of the other part, signed in Cotonou on 23 June 2000 (1) (the ‘ACP-EU Partnership Agreement’), as amended (2), and in particular Article 96 thereof,
   Having regard to the internal agreement between the representatives of the Governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EU Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               By Council Decision 2011/492/EU (4), consultations with the Republic of Guinea-Bissau under Article 96 of the ACP-EU Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken.

               (2)

               Those appropriate measures were extended until 19 July 2013 by Council Decision 2012/387/EU (5) and, subsequently, until 19 July 2014 by Council Decision 2013/385/EU (6). Council Decision 2014/467/EU (7) extended the validity of Council Decision 2011/492/EU by one year, until 19 July 2015, but suspended the application of the appropriate measures.

               (3)

               Peaceful, free and credible legislative and presidential elections were held in Guinea-Bissau on 13 April and 18 May 2014 and constitutional order was restored in the country.

               (4)

               An inclusive government committed to implementing the reforms necessary for the development and stability of the country was established, and encouraging progress towards implementing the Article 96 commitments laid down in Council Decision 2011/492/EU has been made.

               (5)

               Guinea-Bissau remains fragile and the democratically elected authorities need the support of international partners to implement the country's reform programme and development agenda.

               (6)

               In order for the Union to support, together with other international partners, the ongoing efforts of national authorities to stabilise and consolidate the democratic institutions and promote the socioeconomic development of Guinea-Bissau, Council Decision 2011/492/EU should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   Council Decision 2011/492/EU is repealed.
   Article 2
   The letter in the Annex to this Decision shall be sent to the authorities of Guinea-Bissau.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 24 March 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 (OJ L 287, 4.11.2010, p. 3).

      (3)  OJ L 317, 15.12.2000, p. 376, as amended by Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, amending the Internal Agreement of 18 September 2000 on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (OJ L 247, 9.9.2006, p. 48).

      (4)  Council Decision 2011/492/EU of 18 July 2011 concerning the conclusion of consultations with the Republic of Guinea-Bissau under Article 96 ACP-EU Partnership Agreement (OJ L 203, 6.8.2011, p. 2).

      (5)  Council Decision 2012/387/EU of 16 July 2012 extending the period of application of the appropriate measures in Decision 2011/492/EU (OJ L 187, 17.7.2012, p. 1).

      (6)  Council Decision 2013/385/EU of 15 July 2013 extending the period of application of the appropriate measures in Decision 2011/492/EU (OJ L 194, 17.7.2013, p. 6).

      (7)  Council Decision 2014/467/EU of 14 July 2014 extending the validity of Decision 2011/492/EU and suspending the application of its appropriate measures (OJ L 212, 18.7.2014, p. 12).

      ANNEX

         Letter from the Union to the authorities of Guinea-Bissau

      H.E. the President of the Republic of Guinea-Bissau,
      H.E. the Prime Minister of the Republic of Guinea-Bissau,
      Sirs,
      The European Union (EU) is very encouraged by Guinea-Bissau's achievements over the past year. The country turned a corner when it held peaceful and credible general elections in April and May 2014, establishing democratically elected authorities, including an inclusive government that we believe is committed to rebuilding the country, strengthening its democratic institutions and moving towards socio-political stability and economic development.
      In view of the restoration of constitutional order and the progress made towards Guinea-Bissau's commitments under Article 96 of the Cotonou Agreement, as well as your undertaking to pursue their implementation by carrying out the necessary reforms and taking appropriate action, it is our pleasure to inform you that the measures which since 2011 have restricted the scope of EU development cooperation with Guinea-Bissau have been repealed. We are therefore fully resuming our cooperation with your country.
      Since Guinea-Bissau still faces many political and socio-economic challenges, we would like to encourage you to stay united and continue your efforts to strengthen democratic institutions, genuinely reform the security sector, strengthen the rule of law, combat corruption, impunity and drug trafficking, and promote sustainable development. The EU stands by you and supports all efforts undertaken in this direction.
      Indeed, the lifting of the appropriate measures under Article 96 of the Cotonou Agreement enables us to assist you in the organisation of the Round Table on Guinea-Bissau on 25 March 2015 in Brussels and to fully contribute to its success.
      Moreover, we will continue the consultation and preparation phase of the 11th European Development Fund with your government with a view to signing as soon as possible the National Indicative Programme that will support you in the implementation of your ambitious reform programme.
      Finally, we look forward not only to a full re-engagement with Guinea-Bissau through development, but also to a strengthening of our political dialogue under Article 8 of the Cotonou Agreement.

         Yours faithfully,

               For the Council

            F. MOGHERINI

               High Representative of the European Union for Foreign Affairs and Security Policy

               For the Commission

            N. MIMICA

               Commissioner


title: Decision (EU) 2017/935 of the European Central Bank of 16 November 2016 on delegation of the power to adopt fit and proper decisions and the assessment of fit and proper requirements (ECB/2016/42)

text:
               1.6.2017

               EN

               Official Journal of the European Union

               L 141/21

         DECISION (EU) 2017/935 OF THE EUROPEAN CENTRAL BANK
   of 16 November 2016
   on delegation of the power to adopt fit and proper decisions and the assessment of fit and proper requirements (ECB/2016/42)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 4(1)(e) thereof,
   Having regard to Decision (EU) 2017/933 of the European Central Bank of 16 November 2016 on a general framework for delegating decision-making powers for legal instruments related to supervisory tasks (ECB/2016/40) (2), and in particular Article 4 thereof,
   Whereas:

               (1)

               The European Central Bank (ECB), as the competent authority for significant supervised entities, is responsible for ensuring, in accordance with Article 4(1)(e) of Regulation (EU) No 1024/2013 and Articles 93 and 94 of Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17) (3), that members of the management bodies of those entities meet the fit and proper requirements.

               (2)

               Article 91 of Directive 2013/36/EU of the European Parliament and of the Council (4) requires that: (a) members of the management bodies of supervised entities must at all times be of sufficiently good repute and must possess sufficient knowledge, skills and experience to perform their duties, and that the management body as a whole must possess adequate collective knowledge, skills and experience to be able to understand the institution's activities; (b) all members of the management body must commit sufficient time to perform their functions in the institution and, taking into account individual circumstances and the nature, scale and complexity of the institution's activities, the number of directorships that each member holds must not exceed a certain number; (c) each member of the management body must act with honesty, integrity and independence of mind; and (d) supervised entities must put in place a policy promoting diversity in the management body.

               (3)

               In accordance with Article 4(3) of Regulation (EU) No 1024/2013, the ECB must apply all relevant Union law when carrying out its supervisory tasks, and where this law is composed of Directives, the national legislation transposing those Directives. The ECB is also subject to the regulatory and implementing technical standards developed by the European Banking Authority (EBA) and adopted by the European Commission in accordance with Articles 10 to 15 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (5). The ECB must make every effort to comply with the guidelines and recommendations developed by the EBA under Article 16 of Regulation (EU) No 1093/2010 and with the European supervisory handbook developed by the EBA in accordance with that Regulation.

               (4)

               According to Guidelines EBA/GL/2012/06 of the European Banking Authority (6), when assessing the suitability of a member, in addition to criteria concerning the member's reputation and experience, criteria that are relevant to the functioning of the management body should also be considered. The assessment should include potential conflicts of interest of members, their ability to commit sufficient time, their ability to perform their duties independently without undue influence from other persons, the overall composition of the management body and the collective knowledge and expertise required of it. This is without prejudice to the assessment of the implementation of the institution's governance arrangements for the purposes of Article 88 of Directive 2013/36/EU.

               (5)

               In addition to the national law implementing Article 91 of Directive 2013/36/EU, an ECB fit and proper decision should also ensure compliance with the requirements set out in any other applicable national law. Therefore, an assessment of whether a decision may be adopted by means of delegation should be performed without prejudice to the assessment of the fulfilment of fit and proper requirements set out in applicable law.

               (6)

               The ECB, as the competent authority, is required to adopt a substantial number of fit and proper decisions each year. To facilitate the decision-making process, a delegation decision is necessary in relation to the adoption of such decisions. The Court of Justice of the European Union has recognised delegation of authority to be necessary to enable an institution required to adopt a considerable number of decisions to perform its duties. Similarly, it has recognised the need to ensure that decision-making bodies are able to function as a principle inherent to all institutional systems (7).

               (7)

               Delegation of decision-making powers should be limited, proportionate and the scope of the delegation should be clearly defined.

               (8)

               Decision (EU) 2017/933 (ECB/2016/40) specifies the procedure to be followed for adopting delegation decisions concerning supervision and the persons who may be delegated decision-making powers. That Decision does not affect the ECB's exercise of its supervisory tasks and is without prejudice to the Supervisory Board's competence to propose complete draft decisions to the Governing Council.

               (9)

               Where the criteria for the adoption of a delegated decision, as laid down in this Decision, are not met, fit and proper decisions should be adopted in accordance with the non-objection procedure set out in Article 26(8) of Regulation (EU) No 1024/2013 and Article 13g of Decision ECB/2004/2 (8).

               (10)

               If a member is not deemed to fulfil the fit and proper requirements, the fit and proper decision should not be adopted by means of a delegated decision, but rather under the non-objection procedure. It is thus necessary to allow for sufficient time for a non-objection procedure in cases where it is not possible to determine in advance whether a delegated decision may be adopted. For this reason, if a national competent authority does not submit to the ECB a draft delegated decision 20 working days before the expiry of the deadline for the adoption of the fit and proper decision under applicable national law, the decision should be adopted under the non-objection procedure. Furthermore, if the heads of work units have concerns regarding the fit and proper requirements being fulfilled by the member due to insufficient information being provided by the national competent authority or the complexity of the assessment, the non-objection procedure should again be used,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (1)

               ‘fit and proper requirements’ means the requirements that the members of the management body of a significant supervised entity must fulfil at all times in accordance with Article 91 of Directive 2013/36/EU and any other applicable law;

               (2)

               ‘fit and proper decision’ means an ECB decision stating whether an individual fulfils the fit and proper requirements;

               (3)

               ‘applicable law’ means relevant Union law within the meaning of Article 4(3) of Regulation (EU) No 1024/2013, and any national law which is relevant for the assessment of the fit and proper requirements;

               (4)

               ‘participating Member State’ means a participating Member State as defined in point (1) of Article 2 of Regulation (EU) No 1024/2013;

               (5)

               ‘significant supervised entity’ means a significant supervised entity as defined in point (16) of Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17);

               (6)

               ‘supervised entity’ means a supervised entity as defined in point (20) of Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17);

               (7)

               ‘significant supervised group’ means a significant supervised group as defined in point (22) of Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17);

               (8)

               ‘delegated decision’ means a decision adopted on the basis of a delegation of power by the Governing Council pursuant to Decision (EU) 2017/933 (ECB/2016/40);

               (9)

               ‘management body’ means a management body as defined in point (7) of Article 3(1) of Directive 2013/36/EU, subject to Article 3(2) thereof;

               (10)

               ‘member’ means a proposed or appointed member of a management body or, where applicable, a proposed or appointed key function holder as defined in accordance with applicable law;

               (11)

               ‘heads of work units’ means the heads of work units of the ECB to whom the power to jointly adopt fit and proper decisions is delegated;

               (12)

               ‘national competent authority’ means a national competent authority as defined in point (2) of Article 2 of Regulation (EU) No 1024/2013;

               (13)

               ‘non-objection procedure’ means the procedure set out in Article 26(8) of Regulation (EU) No 1024/2013 and further specified in Article 13g of Decision ECB/2004/2;

               (14)

               ‘Guide to fit and proper assessments’ means a document with this title, adopted and amended from time to time in accordance with the non-objection procedure and published on the ECB's website, which contains guidance on how fit and proper assessments should be conducted;

               (15)

               ‘credit institution’ means a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (9).

         Article 2
   Delegation of fit and proper decisions
   1.   In accordance with Article 4 of Decision (EU) 2017/933 (ECB/2016/40), the Governing Council hereby delegates the power to adopt fit and proper decisions to the heads of work units nominated by the Executive Board in accordance with Article 5 of that Decision.
   2.   The heads of work units shall adopt delegated decisions in accordance with this Decision and applicable law.
   Article 3
   Scope of delegation
   1.   A fit and proper decision shall not be adopted by means of a delegated decision if the relevant supervised entity is one of the following:

               (a)

               the supervised entity at the highest level of consolidation within the participating Member States of a significant supervised group;

               (b)

               the credit institution with the largest total value of assets in a significant supervised group, if this entity is different to that referred to in point (a);

               (c)

               a significant supervised entity that is not part of a significant supervised group.

         2.   A fit and proper decision shall not be adopted by means of a delegated decision if the fit and proper decision:

               (a)

               states that the member does not fulfil the fit and proper requirements; or

               (b)

               contains conditions, unless such conditions are necessary to ensure that the member fulfils the fit and proper requirements and have been agreed in writing.

         3.   A fit and proper decision shall not be adopted by means of a delegated decision if, based on information submitted to the ECB:

               (a)

               the member is currently subject to criminal proceedings before a court of law or has been convicted of a criminal offence at first or final instance; or

               (b)

               an investigation has been or is currently being carried out in relation to, or an enforcement action or an administrative sanction is pending against or has been imposed upon, the member for non-compliance with any financial services legislation or regulatory provisions.

         4.   A fit and proper decision shall not be adopted by means of a delegated decision if:

               (a)

               the national competent authority does not submit to the ECB a draft delegated decision 20 working days before the expiry of the deadline for the adoption of a fit and proper decision under applicable law; or

               (b)

               insufficient information or the complexity of the assessment require that the fit and proper decision is adopted under the non-objection procedure.

         5.   Where, pursuant to paragraphs 1 to 4, a fit and proper decision cannot be adopted by means of a delegated decision, it shall be adopted in accordance with applicable law and the non-objection procedure.
   6.   For the purpose of paragraphs 2 to 4, if the assessment of the fit and proper requirements concerns more than one member of a management body and a decision cannot be adopted by means of a delegated decision with regard to one or more of them, the assessment shall result in two fit and proper decisions. One decision shall be adopted in accordance with applicable law and the non-objection procedure, and the other by means of a delegated decision.
   Article 4
   Fit and proper assessment
   The assessment of the fit and proper requirements shall be carried out in accordance with applicable law taking into account the Guide to fit and proper assessments (chapter on assessment criteria) covering the following criteria:

               (a)

               Experience. The member shall have sufficient knowledge, skills and experience to fulfil their functions.

               (b)

               Reputation. The member shall at all times be of sufficiently good repute to ensure the sound and prudent management of the supervised entity. The principle of proportionality shall not apply to the assessment of good repute.

               (c)

               Potential conflicts of interest and independence of mind. The member shall have the ability to act independently. The assessment of any potential conflicts of interest and independence of mind shall include an assessment of the supervised entity's governance arrangements for disclosing, mitigating, managing or preventing conflicts of interest.

               (d)

               Time commitment. The member shall have the ability to dedicate sufficient time to the performance of their functions in the supervised entity. The assessment may be impacted by several factors, such as the number of directorships held by the member, the nature, scale and complexity of the supervised entity's activities, and other relevant commitments.

               (e)

               Collective suitability. The member shall be assessed with respect to the collective suitability requirement at the time of their initial fit and proper assessment, taking into account the ongoing supervision of the governance of the supervised entity, as well as the self-assessment of the management body, in particular with regard to its composition and collective suitability needs.

         Article 5
   Transitional provision
   This Decision shall not apply to proposals for a fit and proper decision submitted by a national competent authority to the ECB prior to the entry into force of this Decision.
   Article 6
   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.

      Done at Frankfurt am Main, 16 November 2016.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 287, 29.10.2013, p. 63.

      (2)  See page 14 of this Official Journal.

      (3)  Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, p. 1).

      (4)  Directive 2013/36/EU of the European Parliament and the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

      (5)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

      (6)  Guidelines EBA/GL/2012/06 of the European Banking Authority of 22 November 2012 on the assessment of the suitability of members of the management body and key function holders.

      (7)  Judgments of the Court of Justice of 23 September 1986, AKZO Chemie BV and AKZO Chemie UK Ltd v Commission, 5/85, ECLI:EU:C:1986:328, paragraph 37, and of 26 May 2005, Carmine Salvatore Tralli v ECB, C-301/02 P, ECLI:EU:C:2005:306, paragraph 59.

      (8)  Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (OJ L 80, 18.3.2004, p. 33).

      (9)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).


title: Council Decision (CFSP) 2017/915 of 29 May 2017 on Union outreach activities in support of the implementation of the Arms Trade Treaty

text:
               30.5.2017

               EN

               Official Journal of the European Union

               L 139/38

         COUNCIL DECISION (CFSP) 2017/915
   of 29 May 2017
   on Union outreach activities in support of the implementation of the Arms Trade Treaty
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               The Arms Trade Treaty (‘ATT’) was adopted by the UN General Assembly on 2 April 2013. The ATT was subsequently opened for signature on 3 June 2013 and entered into force on 24 December 2014. All Member States are parties to the ATT.

               (2)

               The ATT aims to establish the highest possible common international standards to regulate legal trade in conventional weapons and to prevent and eradicate the illicit trade in conventional arms and prevent their diversion. Key challenges are its effective implementation by States Parties and its universalisation, bearing in mind that regulating the international arms trade is by definition a global endeavour. To contribute to addressing these challenges, the Council adopted Decision 2013/768/CFSP (1) on 16 December 2013, thereby enlarging the export control-related assistance portfolio of the Union with activities specific to the ATT.

               (3)

               Activities carried out under Decision 2013/768/CFSP have addressed sixteen beneficiary countries and have covered a wide range of areas relevant to the establishment and development of a national arms transfer control system as mandated by the ATT. Cooperation has started promisingly with a number of countries that had never before been addressed under other Union export control-related assistance activities, thereby reflecting the global nature of the ATT. Follow-up is therefore advisable towards this sub-set of countries to ensure that progress is sustained and to encourage regional outreach by these beneficiary countries themselves.

               (4)

               In addition to the continuation of activities with beneficiary countries addressed under Decision 2013/768/CFSP, it is advisable to pursue a demand-driven approach whereby assistance activities could be activated at the request of countries having identified needs with regard to ATT implementation. Such an approach has proven to be fair and successful in providing assistance to countries that have expressed commitment and ownership regarding the ATT through their requests for Union assistance. This Decision therefore retains a specific number of activities that will be available upon request.

               (5)

               Union assistance provided under Council Decision (CFSP) 2015/2309 (2) addresses a number of countries in the close eastern and southern neighbourhood of the Union. The Union is also a longstanding provider of export control assistance in dual-use goods under its Instrument contributing to Stability and Peace (IcSP), supporting the development of legal frameworks and institutional capacities for the establishment and enforcement of effective export controls on dual-use goods. Via the IcSP instrument and Council Joint Action 2006/419/CFSP (3), Council Joint Action 2008/368/CFSP (4) and Council Decision 2013/391/CFSP (5), the Union also supports the implementation of United Nations Security Council Resolution (UNSCR) 1540 (2004) which mandates effective transfer controls over weapons of mass destruction-related goods.
               Controls developed for the implementation of UNSCR 1540 (2004), and under the Union dual-use export control assistance programmes, contribute to the overall capacity to effectively implement the ATT since, in many instances, the laws, administrative procedures and agencies in charge of dual-use export control overlap with those in charge of conventional arms export control. It is thus crucial to ensure close coordination between activities carried out in dual-use goods export controls and activities supporting the implementation of the ATT.

               (6)

               The overall large number of activities provided for in this Decision justifies using two implementing entities so that workload can be efficiently shared. The German Federal Office of Economics and Export Control (BAFA) has been entrusted by the Council and the Commission with the implementation of earlier export-control related projects. BAFA has accordingly developed a large body of knowledge and expertise. Expertise France is in charge of EU P2P dual-use goods related projects funded under the IcSP. Its role in implementing this Decision will help ensure proper coordination with dual-use related projects,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   For the purpose of supporting the effective implementation and universalisation of the ATT, the Union shall undertake activities with the following objectives:

               (a)

               to support a number of States to strengthen their arms transfer control systems for effective implementation of the ATT;

               (b)

               to increase awareness and ownership of the ATT at national and regional levels by the relevant national and regional authorities and civil society stakeholders.

         2.   In order to achieve the objectives referred to in paragraph 1, the Union shall undertake the following project activities:

               (a)

               assisting beneficiary countries in drafting, updating, and implementing, as appropriate, relevant legislative and administrative measures aimed at establishing and developing an effective system of arms transfer control in line with the requirements of the ATT;

               (b)

               strengthening the expertise and capacities of the beneficiary countries' licensing and enforcement officers notably through best practices sharing, training and access to relevant information sources in order to ensure adequate implementation and enforcement of arms transfer controls;

               (c)

               promoting transparency in the international arms trade, building on the transparency requirements of the ATT;

               (d)

               promoting sustained adherence to the ATT by the beneficiary countries and their neighbours by involving relevant national and regional stakeholders such as national parliaments, competent regional organisations and civil society representatives who have a long term interest in monitoring the effective implementation of the ATT.

         A detailed description of the project activities referred to in this paragraph is set out in the Annex.
   Article 2
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall be responsible for implementing this Decision.
   2.   The technical implementation of the project activities referred to in Article 1(2) shall be organised by BAFA and Expertise France.
   3.   BAFA and Expertise France shall perform their tasks under the responsibility of the High Representative. For that purpose, the High Representative shall enter into the necessary arrangements with BAFA and Expertise France.
   Article 3
   1.   The financial reference amount for the implementation of the project activities referred to in Article 1(2) shall be EUR 7 178 924,36. The total estimated budget of the overall project shall be EUR 8 368 151,36. The part of that estimated budget not covered by the reference amount shall be provided through co-financing by the Government of the Federal Republic of Germany and Expertise France.
   2.   The expenditure financed by the reference amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union's budget.
   3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For that purpose, it shall conclude the necessary financing agreements with BAFA and Expertise France. The financing agreements shall stipulate that BAFA and Expertise France are to ensure the visibility of the Union's contribution, appropriate to its size.
   4.   The Commission shall endeavour to conclude the financing agreements referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
   Article 4
   1.   The High Representative shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the implementing entities. The reports shall form the basis for the evaluation carried out by the Council.
   2.   The Commission shall provide information on the financial aspects of the implementation of the project activities referred to in Article 1(2).
   Article 5
   This Decision shall enter into force on the date of its adoption.
   It shall expire 36 months after the date of conclusion of the financing agreements referred to in Article 3(3), or six months after the date of its adoption if those financing agreements have not been concluded within that period.

      Done at Brussels, 29 May 2017.

            For the Council

            The President

         C. CARDONA

      (1)  Council Decision 2013/768/CFSP of 16 December 2013 on EU activities in support of the implementation of the Arms Trade Treaty, in the framework of the European Security Strategy (OJ L 341, 18.12.2013, p. 56).

      (2)  Council Decision (CFSP) 2015/2309 of 10 December 2015 on the promotion of effective arms export controls (OJ L 326, 11.12.2015, p. 56).

      (3)  Council Joint Action 2006/419/CFSP of 12 June 2006 in support of the implementation of the United Nations Security Council Resolution 1540 (2004) and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction (OJ L 165, 17.6.2006, p. 30).

      (4)  Council Joint Action 2008/368/CFSP of 14 May 2008 in support of the implementation of United Nations Security Council Resolution 1540 (2004) and in the framework of the implementation of the EU strategy against the proliferation of weapons of mass destruction (OJ L 127, 15.5.2008, p. 78).

      (5)  Council Decision 2013/391/CFSP of 22 July 2013 in support of the practical implementation of United Nations Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery (OJ L 198, 23.7.2013, p. 40).

      ANNEX
      1.   Background and rationale for Union support
      This Decision builds on earlier Council Decisions that support the UN process leading to the Arms Trade Treaty (‘ATT’) and the promotion of its effective implementation and universalisation (1). The ATT was adopted on 2 April 2013 by the UN General Assembly and entered into force on 24 December 2014.
      The declared objective of the ATT is to ‘establish the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms and prevent and eradicate the illicit trade in conventional arms and prevent their diversion’. Its declared purpose is ‘contributing to international and regional peace, security and stability; reducing human suffering and promoting cooperation, transparency and responsible action by States Parties in the international trade in conventional arms, thereby building confidence among States Parties’. The ATT's objective and purpose are therefore compatible with the Union's overall ambition with regard to foreign and security policy as enshrined in Article 21 of the Treaty on European Union.
      Further to the adoption of the ATT in 2013, the main challenges now lie in its effective implementation and universalisation.
      Export control assistance and outreach is crucial to addressing those challenges and are therefore the central elements of this Decision. With regard to export control assistance, this Decision addresses specific partner countries and leaves open the scope for possible assistance to new countries that request it.
      Regarding the nine specific partner countries (Senegal, Burkina Faso, Ghana, Philippines, Georgia, Peru, Jamaica, Colombia, Costa Rica), this Decision provides for the further development of cooperation initiated by the first phase of implementation support activities as funded by Decision 2013/768/CFSP.
      Regarding the scope for requesting beneficiary countries, this Decision is based on the same proven activities carried out under Decision 2013/768/CFSP:

                  —

                  dedicated assistance programmes whereby beneficiary countries will be assisted in a tailored and far-reaching manner to meet the requirements of the ATT. Assistance will be developed, according to an assistance roadmap, to be agreed with the beneficiary countries, that will specify priorities for action, ensure local ownership and indicate commitment where relevant, towards ratification of the ATT;

                  —

                  ad hoc assistance activities that will address beneficiary countries with limited and more specified needs. Those ad hoc assistance activities will enable the Union to address requests for assistance in a flexible and reactive manner.

            Finally, referring to the challenge of universalisation of the ATT, this Decision includes a regional outreach component that builds upon the nine specific partner countries with the participation of the most relevant regional organisations. Another lever in the support of universalisation is outreach through the annual conference of ATT States Parties.
      This Decision therefore provides a comprehensive set of assistance and outreach activities in order to contribute to addressing the challenges of effective implementation and universalisation. It builds upon the results and lessons learnt of the earlier phase funded by Decision 2013/768/CFSP and demonstrates the continued and committed support to the ATT by the Union and its Member States.
      2.   Overall objectives
      The core objective of this Decision is to support a number of States to strengthen their arms transfer control systems for effective implementation of the ATT and to promote its universalisation. Specifically, the Union action will provide:

                  (a)

                  reinforcement of arms transfer control capacities and expertise of beneficiary countries;

                  (b)

                  further awareness of, and ownership by relevant stakeholders such as competent regional organisations, national parliaments and civil society representatives that are interested in the ATT's long term implementation effectiveness;

                  (c)

                  outreach to other countries with a view to supporting universalisation and effective implementation of the ATT.

            3.   Description of project activities
      3.1.   Strengthening the pool of experts set up by Decision 2013/768/CFSP
      3.1.1.   Project objective
      The pool of experts set up by Decision 2013/768/CFSP has provided a well-identified, competent and reliable resource to appropriately support assistance activities. With the experience gained, it is now necessary to enlarge the pool in terms of the number of experts and variety of their expertise, and the type of experts used, for example, the inclusion of non-governmental experts; to encourage their longer term involvement in the beneficiary countries; and to develop a ‘train the trainer’ component within the pool.
      3.1.2.   Project description
      The implementing entities will work to enlarge the pool of experts, ensuring a broad geographical representation and range of expertise, insofar as this is possible. They should notably encourage the participation of experts from countries that have recently been successful in developing national arms transfer control systems, including those developed in connection with international assistance received. The implementing entities shall report regularly to the Council Working Party on Conventional Arms Exports (COARM) on the pool, its composition and its capacity to shoulder the workload entailed by the activities foreseen by this Decision. Where necessary, COARM may decide on corrective measures.
      The overall expertise of the pool of experts should cover the full scope of a national arms transfer control system in particular, legal issues, licensing, customs/enforcement, awareness, prosecution/sanctions, reporting/transparency.
      3.1.2.1.   Experts
      Implementing entities will ensure a fair and transparent hiring of experts and, regarding Union experts, will fully use the Union roster of outreach experts which is circulated and updated in COARM.
      3.1.2.2.   Experts meetings
      Four two-day meetings of experts will be convened by the implementing entities (two meetings each) during the period of validity of this Decision. These meetings will notably aim to:

                  —

                  develop a common understanding among experts of the challenges and responses relating to ATT implementation support;

                  —

                  develop, as appropriate, common material to be used in the assistance imparted by experts (such as a handbook and guidelines) so that advice provided by experts is consistent;

                  —

                  assess the ‘train the trainer’ component (see 3.1.2.3. and decide upon amendments as necessary.

            Two meetings, including the first kick-off one, should take place in Brussels. The other two meetings will take place according to the location of the implementing entity. Up to 40 experts will be invited to each meeting, based on geographical balance and considering the needs of the ‘train the trainer’ component (see 3.1.2.3.).
      3.1.2.3.   ‘Train the Trainer’ component
      This component intends to support the training of a number of beneficiary countries' experts in order to enable them to effectively train their own colleagues at a later stage. Where possible, the implementing entities will advertise the ‘train the trainer’ component and identify future trainers when starting assistance activities in beneficiary countries under this Decision. These officials will subsequently be registered in the pool of experts and accordingly invited to the experts meetings referred to in 3.1.2.2.
      The ‘train the trainer’ component will take place on an extra third day, directly after the experts meetings. It will gather future trainers and the appropriate number of experts from the pool imparting the training.
      In between annual experts meetings and their additional ‘train the trainer’ components, contacts between training experts and future trainers will be encouraged and, as appropriate, extra training sessions could be scheduled in the beneficiary countries back to back with the assistance activities planned (for example half a day of a workshop dedicated, referred to in 3.2.3.1.).
      Up to 15 future trainers will be enrolled for each session.
      The implementing entity in charge of the experts meeting will be responsible for the related ‘train the trainer’ component.
      3.2.   Further assistance to long term partner countries
      3.2.1.   Long term partner countries
      Senegal, Burkina Faso, Ghana, Philippines, Georgia, Peru, Jamaica, Colombia, Costa Rica.
      These long term partner countries will be addressed as follows by the implementing entities:

                  —

                  BAFA: Ghana; Georgia; Peru; Jamaica; Colombia; Costa Rica

                  —

                  Expertise France: Senegal; Burkina Faso; Philippines

            3.2.2.   Project objective
      Decision 2013/768/CFSP has enabled the Union to initiate cooperation based on an initial roadmap, with the nine partner countries referred to in 3.2.1. The full or partial completion of the roadmap has in turn unveiled additional challenges that need to be addressed to progress towards fuller implementation of the ATT. An overall number of activities available will therefore be provided and be allocated according to the needs, interests and absorption capacities of the beneficiary countries.
      3.2.3.   Project description
      3.2.3.1.   Workshops in countries
      An overall amount of 45 two-day workshops in the beneficiary countries will be set up for the nine long term partner countries as follow up to the work and achievements already made under Decision 2013/768/CFSP.
      3.2.3.2.   Study Visits in Member States
      To complement activities taking place in the beneficiary countries, up to nine three-day study visits will be made available to government, licensing and enforcement officials of the long term partner countries to the relevant authorities of Member States. The organisation of the study visit will be ensured by the implementing entity in charge of the long term partner country benefitting from the study visit (see point 3.2.1.).
      Due to their high training potential, the study visits should in principle address future trainers of the beneficiary countries, i.e. beneficiary countries' officials participating in the ‘train the trainer’ component referred to in point 3.1.2.3.
      3.3.   Regional outreach
      3.3.1.   Project objective
      The nine beneficiary countries identified may play a fruitful role in regional outreach by further liaising with their close neighbouring countries on arms transfer issues and on the implementation of the ATT. This could encourage south-south cooperation over the longer term.
      This Decision therefore provides them with the possibility, jointly or individually, to host, according to their capacities up to three of their neighbouring countries for sub-regional workshops.
      3.3.2.   Project description
      Up to 12 two-day workshops will be planned for regional outreach purposes. Unless agreed otherwise with the host countries, they will take place as follows:

                  —

                  Senegal, Burkina Faso, Ghana: up to 3 workshops for up to three ECOWAS countries, where appropriate in cooperation with the ECOWAS Commission, on a rotational basis unless decided otherwise by the three host countries in question;

                  —

                  Peru, Costa Rica and Columbia: up to 3 workshops for up to three UNLIREC countries, where appropriate in cooperation with UNLIREC, on a rotational basis unless decided otherwise by the three host countries in question;

                  —

                  Philippines, Georgia, Jamaica: up to two workshops each for up to three of their respective neighbours. Georgia and Philippines host the regional Secretariat of the CBRN Centres of Excellence, which may facilitate synergies with export control-related projects, as well as the identification of, and contacts with, the countries invited.

            Up to ten officials per invited neighbouring country will be invited.
      Expertise France will address workshops relating to Senegal, Burkina Faso, Ghana and the Philippines and BAFA will address workshops relating to Peru, Costa Rica, Columbia, Georgia and Jamaica.
      3.4.   Roadmap-based assistance programmes
      3.4.1.   Project objective
      The objective of the dedicated assistance programmes and their related roadmaps is to strengthen the capacities of the beneficiary countries to meet the ATT requirements in a global and sustained manner. The roadmap will provide predictability to the new beneficiary country as to what is planned in terms of assistance and will map the improvements that can be expected in its transfer control capacities. Beneficiary countries will be countries requesting assistance after adoption of this Decision.
      3.4.2.   Project description
      National assistance programmes will be established for up to nine beneficiary countries.
      The dedicated assistance programmes should be developed according to the following steps:

                  (a)

                  request for assistance to implement the ATT. This request should be as substantiated as possible, and should identify which specific areas are to be targeted to receive assistance. Where relevant, the requesting country should also refer to past and ongoing assistance from other assistance providers (see also section 6 below) and provide information on its national ATT implementation strategy;

                  (b)

                  based on the degree of substantiation of the request and the criteria set out in section four the High Representative, in liaison with COARM and the implementing entity, will decide on the eligibility of the requesting country;

                  (c)

                  where the request for assistance is positively received, an expert assessment visit will be organised by the implementing entity. It should proceed from close contacts between the implementing entity and the third country seeking assistance, and comprise some of the most relevant experts taken from the pool of experts.
                  The expert assessment visit can, where possible, be prepared for by using questionnaires and by collecting existing information; it will be comprised of an initial assessment of the needs and priorities of the country requesting assistance. In particular, it will enable clarification with the country requesting assistance of what is required to effectively implement the ATT and the comparison of those requirements with the existing resources of the country. This initial expert assessment visit will gather all the relevant domestic agencies and stakeholders and identify motivated and reliable local partners;

                  (d)

                  based on the results of the expert assessment visit, the implementing entity will draft an assistance roadmap. In drafting such an assistance roadmap, the implementing entity will take into account any ATT-related assistance possibly provided through the Voluntary Trust Fund of the ATT, the UN Trust Facility supporting Cooperation on Arms Regulation (UNSCAR), or by other organisations (see also section 6 below). Where the country seeking assistance has already developed a national implementation strategy for the ATT, the implementing entity will also ensure that the assistance roadmap is consistent with that national implementation strategy;

                  (e)

                  the draft assistance roadmap will be shared with the beneficiary country with a view to its endorsement by the appropriate authority. The roadmap will be tailored to the beneficiary country and will identify the priorities for assistance;

                  (f)

                  the roadmap will be implemented with the involvement of relevant experts taken from the pool of experts, and with the involvement of other stakeholders as appropriate. The implementing entity will have the option to delegate the organisation and/or implementation of the assessment process, and the drafting of the assistance roadmap, to an external expert or experts as appropriate. The implementing entity will oversee this process.
                  The range of assistance instruments will, in particular, cover legal reviews, training seminars, workshops and promote the use of web-based tools and information sources such as the EU P2P outreach web portal and the EU P2P newsletter. Those assistance instruments will be selected by the implementing entity according to the exact needs and priorities identified by the expert assessment visit and in line with the roadmap.

            3.4.3.   Geographical breakdown of the roadmaps
      Taking into account the activities already carried out under Decision 2013/768/CFSP and their desirable follow-up, the nine roadmaps will be implemented as follows (the implementing entity in charge is in brackets):

                  —

                  North, Central and Western Africa: 5 (Expertise France)

                  —

                  Southern and Eastern Africa: 1 (BAFA)

                  —

                  South East Asia: 2 (BAFA)

                  —

                  Middle East & Gulf countries and Central Asia: 1 (Expertise France)

            In accordance with the UN practice, contracts concluded with the implementing entities will further specify which third countries of the above mentioned geographical regions relate to the implementing entities.
      3.5.   Ad hoc assistance workshops
      3.5.1.   Project objective
      The objective of the ad hoc assistance workshops is to strengthen the arms transfer control capacities of the beneficiary countries to meet the ATT requirements in a targeted and relevant manner. These ad hoc assistance activities will enable the Union to respond in a flexible and reactive manner to requests for assistance that identify specific needs relevant to the implementation of the ATT. They will be able to address either one beneficiary country individually, or a number of them having similar needs.
      3.5.2.   Project description
      Up to 14 two-day workshops will be provided to respond to targeted requests for assistance and expressions of interest to develop one or more specific areas of an arms transfer control system.
      These workshops will provide tailored assistance and will address the specific issue(s) raised by the requesting country or countries. They will take place in the beneficiary countries and expertise will be imparted by experts from the pool of experts.
      The High Representative, in consultation with COARM, will decide on how to respond to the assistance requests. The High Representative's assessment will in particular be guided by the criteria set out in section 4, the accuracy of the request and how it identifies the issue(s) at stake, and will consider the geographical balance.
      3.5.3.   Geographical breakdown of the ad hoc assistance workshops
      The 14 ad hoc assistance workshops will be implemented as follows (the implementing entity in charge is in brackets):

                  —

                  Latin America: 3 (BAFA) and 1 (Expertise France)

                  —

                  Africa: 3 (Expertise France)

                  —

                  Central and South East Asia: 2 (BAFA) and 1 (Expertise France)

                  —

                  Eastern Europe and Caucasus: 2 (BAFA)

                  —

                  Gulf countries and Middle East: 2 (Expertise France)

            In accordance with UN practice, contracts concluded with the implementing entities will further specify which third countries of the above mentioned geographical regions relate to the implementing entities.
      3.6.   Final conference of countries that are beneficiaries of ATT assistance activities
      3.6.1.   Project objective
      The objective of the conference is to increase the awareness and ownership of relevant stakeholders such as competent regional organisations, national parliaments and civil society representatives that are interested in the ATT's long term implementation effectiveness.
      3.6.2.   Project description
      The project will take the form of a two-day conference to be organised close to the end of the implementation of this Decision and possibly back to back with a COARM meeting. BAFA will be in charge of its implementation. This conference will gather relevant representatives of the nine long-term beneficiaries (3.2.1.) and of countries beneficiary of activities referred to in 3.4. and 3.5.
      The Conference will facilitate exchanges of experience by the beneficiary countries, provide information on their positions vis-à-vis the ATT and the ATT's ratification and implementation status, and will enable the sharing of relevant information with representatives of national parliaments, regional organisations and civil society.
      Participants in the Conference should therefore include:

                  —

                  diplomatic and military/defence personnel from the beneficiary countries, in particular authorities responsible for national policies regarding the ATT;

                  —

                  technical and law-enforcement personnel from the beneficiary countries, in particular licensing authorities, customs, and law enforcement officials;

                  —

                  representatives of national, regional and international organisations involved in the provision of assistance, as well as representatives of countries interested in providing or receiving strategic trade control assistance;

                  —

                  representatives of relevant non-governmental organisations (NGOs), think tanks, national parliaments and industry.

            Up to 80 participants are expected to participate in the Conference. Its location and the final list of countries and organisations invited will be determined by the High Representative in consultation with COARM, on the basis of a proposal made by the implementing entity.
      3.7.   Side events in the margins of ATT Conferences of States Parties
      3.7.1.   Project objective
      Annual Conferences of ATT States Parties offer a unique opportunity to reach out to relevant officials and stakeholders in charge of ATT matters. Union-funded side events will notably enable awareness-raising about the Union's implementation support activities, raise awareness also of countries which may subsequently seek assistance, and promote good practices notably by beneficiary countries.
      3.7.2.   Project description
      Three side events will take place over the duration of the programme, i.e. one for every annual Conference of ATT States Parties. Expertise France will be in charge of their implementation. Union funds may notably cover the travel expenses of up to three experts/officials from beneficiary countries.
      4.   Beneficiaries of project activities referred to in sections 3.4. and 3.5.
      Beneficiaries of project activities referred to in sections 3.4. and 3.5. may be States that request assistance with a view to implementing the ATT and that will be selected on the basis of, inter alia, the following criteria:

                  —

                  the degree of political and legal commitment to adhere to the ATT and the status of implementation of international instruments relevant to arms trade and arms transfer control that are applicable to the country;

                  —

                  the likelihood of a successful outcome of the assistance activities;

                  —

                  the assessment of any possible assistance already received or planned in the area of dual-use and arms transfer control;

                  —

                  the country's relevance to the global arms trade;

                  —

                  the country's relevance to the security interests of the Union;

                  —

                  Official Development Assistance (ODA) eligibility.

            5.   Implementing entities
      The workload resulting from activities under this Decision makes it advisable to use two competent implementing entities: BAFA and Expertise France. They will, where appropriate, partner with, and/or delegate to, Member States' export control agencies, relevant regional and international organisations, think tanks, research institutes and NGOs.
      BAFA has been entrusted by the Council and the Commission to implement a number of earlier export-control related projects. BAFA has accordingly developed a large body of knowledge and expertise. Expertise France is in charge of EU P2P dual-use goods-related projects funded under the IcSP. Its role in implementing this Decision will help ensure proper coordination with dual use related projects. Taken together, both implementing entities therefore have the proven experience, qualifications and necessary expertise over the full range of relevant Union export control activities, both in the dual-use and arms export control areas.
      6.   Coordination with other relevant assistance activities
      The utmost attention should also be paid by the implementing entities to ATT-relevant activities carried out under the UN programme of action to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects and its Implementation Support System (PoA-ISS), UNSCR 1540 (2004), the ATT Voluntary Trust Fund and the UNSCAR, as well as bilateral assistance activities. The implementing entities should liaise as appropriate with other assistance providers in order to ensure that there is no duplication of effort and that there is maximum consistency and complementarity.
      The project shall also aim to increase among the beneficiary countries the awareness of Union instruments able to support south-south cooperation in export controls. In this regard, the assistance activities should provide information on and promote available instruments such as the EU CBRN Centres of Excellence Initiative and other EU P2P Programmes.
      7.   Union visibility and availability of assistance material
      Material produced by the project will ensure the visibility of the Union, based in particular on the logo and graphic chart of the Communication and Visibility Manual for European Union External Actions including the logo ‘EU P2P export control programme’. Union Delegations should be involved in events in third countries to enhance political follow-up and visibility.
      The EU P2P web portal (https://export-control.jrc.ec.europa.eu) will be promoted for the purpose of the ATT-related assistance activities under this Decision. The implementing entities should therefore, in the respective assistance activities they carry out, include information on the web portal and encourage the consultation and use of the portal's technical resources. They should ensure the visibility of the Union in the promotion of the web portal. Furthermore, activities should be promoted through the EU P2P newsletter.
      8.   Impact assessment
      The impact of activities provided for by this Decision should be technically assessed upon their completion. Based on information and reports provided by the implementing entities, the impact assessment will be carried out by the High Representative, in cooperation with COARM and, as appropriate, with the Union Delegations in the beneficiary countries, as well as with other relevant stakeholders.
      Regarding countries that have benefited from a dedicated assistance programme, the impact assessment should pay special attention to the number of beneficiary countries that have ratified the ATT and to the development of their arms transfer control capacities. Such assessment of the arms transfer control capacities of the beneficiary countries should, in particular, cover the preparation and issuance of national relevant regulations, the fulfilment of ATT reporting obligations, and the empowerment of a relevant body in charge of arms transfer control.
      9.   Reporting
      The implementing entities will prepare regular reports, including after the completion of each of the activities. The reports should be submitted to the High Representative no later than six weeks after the completion of relevant activities.

         (1)  See Decision 2009/1012/CFSP; Decision 2010/336/CFSP; Decision 2012/711/CFSP; Decision 2013/43/CFSP and Decision 2013/768/CFSP.


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41987D0588

87/588/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community meeting within the Council of 8 December 1987 on the opening of a zero-duty tariff quota for Spain for flat-rolled products of silicon-electrical steel

Official Journal L 353 , 16/12/1987 P. 0031 - 0031

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL  of 8 December 1987  on the opening of a zero-duty tariff quota for Spain for flat-rolled products of silicon-electrical steel  (87/588/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL HAVE DECIDED AS FOLLOWS:  Sole Article  For the period from 1 January to 30 June 1988, Spain may be granted a zero-duty tariff quota in respect of imports from non-member countries of 800 tonnes of cold-rolled laser-irradiated, grain-oriented flat-rolled products of silicon-electrical steel, falling under CN codes ex 7225 10 91 and ex 7226 10 30, of a width of 600 mm or more and exceeding, 500 mm respectively of a thickness of more than 0,20 mm but less than 0,60 mm and a nominal magnetic-reversal loss of 0,35 watt/kg.  Done at Brussels, 8 December 1987.  The President  N. WILHJELM


title: 2004/537/EC, Euratom:Council Decision of 29 June 2004 appointing the Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union

text:
               7.7.2004

               EN

               Official Journal of the European Union

               L 236/16

      COUNCIL DECISION

   of 29 June 2004
   appointing the Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union
   (2004/537/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(2) thereof,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Javier SOLANA MADARIAGA is hereby appointed Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union for a period of five years with effect from 18 October 2004.
   Article 2
   This Decision shall be notified to Mr Javier SOLANA MADARIAGA by the President of the Council.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 29 June 2004.

            For the Council

            The President

         B. AHERN


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31995D0197

95/197/EC: Commission Decision of 8 June 1995 suspending the definitive anti-dumping duties imposed on imports of certain types of electronic microcircuits known as DRAMs (dynamic random access memories) originating in Japan and in the Republic of Korea

Official Journal L 126 , 09/06/1995 P. 0058 - 0059

COMMISSION  DECISION of 8 June 1995 suspending the definitive anti-dumping duties imposed on imports of certain  types of electronic microcircuits known as DRAMs (dynamic random access memories) originating in  Japan and in the Republic of Korea (95/197/EC)THE COMMISSION OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against  dumped imports from countries not members of the European Community  (1) and in particular Article  14 (4) thereof, After consultation with the Advisory Committee, Whereas: (1)  The Council, by Regulation (EEC) No 2112/90  (2), as last amended by Regulation (EEC) No  2697/92  (3), imposed a definitive anti-dumping duty on imports into the Community of certain types  of electronic microcircuits known as DRAMs (dynamic random access memories) originating in Japan,  and falling under CN codes -  8542  11  12, 8542  11  14, 8542  11  16, 8542  11  18 for finished DRAMs, -  ex 8542  11  01 for DRAM wafers, -  ex 8542  11  05 for DRAM-dice or -chips, -  and ex 8473  30  10 or ex 8548  00  00 for DRAM modules. By Regulation (EEC) No 611/93  (4), the Council imposed a definitive anti-dumping duty on imports  into the Community of the same products originating in Korea. (2)  The basic anti-dumping Regulation, i.e. Council Regulation (EC) No 3283/94 at Article 14 (4)  provides for the suspension of anti-dumping measures imposed on the grounds that market conditions  have temporarily changed to an extent that injury would be unlikely to resume as a result of such a  suspension. Article 14 (4) further specifies that the anti-dumping measures concerned may be  reinstated at any time if the reason for suspension is no longer applicable. (3)  Since the end of 1993 and the beginning of 1994, due to a strong and growing demand for DRAMs,  in particular by computer manufacturers, prices of DRAMs, on a worldwide basis, have remained  stable. Lead times for deliveries of DRAMs have been considerable throughout this period. With respect to the Community market in particular, the Commission has been able to follow  developments as almost all known Japanese and Korean DRAM producers supply the Commission on a  regular basis with their detailed sales reports pursuant to undertakings which the Commission has  accepted in the framework of both abovementioned anti-dumping proceedings  (5). An analysis of  these reports has confirmed that the market behaviour of the exporters concerned is in line with  the general evaluation of price developments made by market research companies, some of which  monitor the semiconductor market particularly closely. (4)  With regard to the situation of the Community DRAM-industry, the Commission has furthermore  received information confirming that this industry has also benefited from the current market  situation. Indeed, following the stabilization of the situation of the Community industry  concurrently with the introduction of the above anti-dumping measures and following the substantial  investments made for the production of the newest generations of DRAMs, the Community industry's  revenues stemming from an increase in DRAM sales volumes and in DRAM prices have had the effect  that the Community industry is no longer suffering financial losses on current sales, but rather  generating increased returns. (5)  The anti-dumping duties were imposed in order to underpin the undertakings and in order to  ensure that imports of any DRAMs outside the scope of the undertakings would not be made at an  injurious price level. The present market situation is one of strong demand, where market forces  are sustaining a level of prices for DRAMs which is at or above the prices at which the above  companies have undertaken to sell in the Community. It appears therefore that the absence of  injurious dumping of DRAMs on the Community market at present is not dependent on the maintenance  of the anti-dumping measures. Whilst the minimum prices applicable pursuant to the undertakings  have been overtaken by market prices, the continued existence of the ad valorem anti-dumping duties  constitutes an unnecessary barrier to entry to the Community market for DRAMs not covered by an  undertaking. (6)  However, based on previous experience gained in the DRAM market, it appears reasonable to  conclude that this development in prices may well be temporary. Indeed, the DRAM-market is a  cyclical market characterized by sharp up- and downturns in prices. The likelihood that current  market conditions are a temporary phenomenon leads to the conclusion that this situation should be  dealt with by a temporary suspension of the anti-dumping duties. (7)  In conclusion, the Commission considers that all requirements to suspend the anti-dumping  duties concerned pursuant to Article 14 (4) are met and that therefore these duties should be  suspended for a period of nine months. This conclusion has been reached on the basis of: -  reliable sales information collected in the course of the anti-dumping proceedings concerned,  reflecting market prices in the Community, -  the overall situation of the world DRAM market which, given the commodity nature of the product,  is inherently transparent, and -  experience of the cyclical nature of this industry. (8)  The Commission will continue to closely monitor the development of the DRAM-market and the  behavior of individual market participants. Should a situation arise in which a resumption of  injury to the Community industry occurs, the Commission will reinstate the above anti-dumping  measures without delay. (9)  To this end, the obligation to submit reports on sales and prices pursuant to the undertakings  will enable the Commission to monitor the DRAM market. However, the Commission considers that,  during the period of the suspension of the anti-dumping duties, the obligation to adhere to the  minimum price provisions of these undertakings should be discontinued. The quarterly calculation  and communication of such prices to these companies by the Commission will therefore be  discontinued during this period. (10)  In accordance with the provisions of Article 14 (4) of the basic Regulation the Commission  has informed the complainant of its intention to suspend the above anti-dumping measures and has  provided it with an opportunity to comment and its comments. These comments have been taken into  account reaching the present decision. (11)  The Advisory Committee was consulted on the suspension of the anti-dumping measures and  raised no objections, HAS DECIDED AS FOLLOWS: Sole Article The definitive anti-dumping duties imposed on imports of certain  types of electronic microcircuits known as DRAMs (dynamic random access memories) originating in  Japan and the Republic of Korea by Regulations (EEC) No 2112/90 and (EEC) No 611/93 respectively  are hereby suspended for a period of nine months. This Decision shall enter into force on the day following its publication in the Official Journal  of the European Communities. Done at Brussels, 8 June 1995. For the Commission Leon BRITTAN Vice-President


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31997D0644

97/644/EC: Commission Decision of 3 September 1997 accepting undertakings offered by two Polish exporters in connection with the anti-dumping proceeding concerning imports of unwrought, unalloyed zinc originating in Poland and Russia

Official Journal L 272 , 04/10/1997 P. 0050 - 0051

COMMISSION DECISION of 3 September 1997 accepting undertakings offered by two Polish exporters in connection with the anti-dumping proceeding concerning imports of unwrought, unalloyed zinc originating in Poland and Russia (97/644/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), as amended by Regulation (EC) No 2331/96 (2), and in particular Articles 8 and 23 thereof,After consulting the Advisory Committee,Whereas:(1) by Regulation (EC) No 593/97 (3) the Commission imposed a provisional anti-dumping duty on imports of unwrought, unalloyed zinc originating in Poland and Russia for a period of six months;(2) having been informed of the main facts and considerations on the basis of which the Commission had imposed provisional measures, the two Polish exporters which had co-operated in the investigation made several comments on these findings. In the course of the subsequent examination, it was established that definitive anti-dumping measures in respect of imports originating in both countries concerned should be taken in order to eliminate the injurious effects of dumping. The findings and conclusions on all aspects of the investigations are set out in Council Regulation (EC) No 1931/97 (4);(3) on 19 June 1997, the two Polish exporters referred to above, offered undertakings with regard to their prices for export to the Community;(4) by these undertakings, the Polish exporters offered, inter alia, to set their export prices at levels sufficient to eliminate the injurious dumping as established in the investigation;(5) the undertakings contain, in addition, extensive and detailed commitments as regards monitoring and the companies have undertaken not to enter into direct or indirect compensatory arrangements with their customers;(6) under these circumstances, the undertakings offered by these two Polish exporters are considered acceptable and the investigation should, therefore, be terminated with respect to the exporters concerned;(7) the two Polish exporters were informed of the essential facts and considerations on the basis of which the imposition of definitive anti-dumping measures was recommended and had the opportunity to comment on all aspects of the investigation. Accordingly, should an undertaking be withdrawn or should the Commission have reasons to believe that an undertaking is being violated, a provisional duty could be imposed pursuant to Article 7 and Article 8 (10) of Regulation (EC) No 384/96 and, should the conditions of Article 8 (9) of the said Regulation be met, a definitive anti-dumping duty will be imposed;(8) when the Advisory Committee was consulted on the acceptance of the undertakings offered some objections were raised. Therefore, in accordance with Article 8 (5) of Regulation (EC) No 384/96, the Commission sent a report to the Council on the result of the consultations and a proposal for the the acceptance of the undertakings. As the Council has not decided otherwise within one month, the present Decision should stand adopted;(9) having been informed of the main facts and considerations on the basis of which the Commission intended to accept the undertakings, the Community industry concerned did not object,HAS ADOPTED THIS DECISION:Article 1 The undertakings offered by:(a) Kombinat Gorniczco-Hutniczy Boleslaw, Bukowno, Poland, and(b) Huta Cynku 'Miasteczko Slaskie`, Miasteczko Slaskie, Poland,in connection with the anti-dumping proceeding concerning imports of unalloyed, unwrought zinc falling within CN codes 7901 11 00, 7901 12 10 and 7901 12 30 originating in Russia and Poland, are hereby accepted.This acceptance shall take effect on the date of entry into force of Regulation (EC) No 1931/97.Article 2 The investigations in connection with the anti-dumping proceeding referred to in Article 1 are hereby terminated with regard to both companies mentioned in that Article.Done at Brussels, 3 September 1997.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6. 3. 1996, p. 1.(2) OJ L 317, 6. 12. 1996, p. 1.(3) OJ L 89, 4. 4. 1997, p. 6.(4) See page 1 of this Official Journal.


title: Commission Decision of 20 March 2015 appointing two Commission representatives and two alternates to the Management Board of the European Medicines Agency

text:
               21.3.2015

               EN

               Official Journal of the European Union

               C 95/20

         COMMISSION DECISION
   of 20 March 2015
   appointing two Commission representatives and two alternates to the Management Board of the European Medicines Agency
   (2015/C 95/09)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (1), and in particular Article 65(3) thereof,
   Whereas:

               (1)

               In 2010, Commission Decision of 14 December 2010 appointing two Commission representatives and two alternates to the Management Board of the European Medicines Agency (2) appointed two Commission representatives and two alternates to the Management Board of the European Medicine Agency (hereinafter ‘the Agency’).

               (2)

               Due to changes in the organisation chart of the Commission, it is necessary to adopt a new decision, replacing Commission Decision of 14 December 2010 and appointing two Commission representatives and two alternates to the Management Board of the European Medicines Agency,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The representatives of the Commission to the Management Board of the European Medicines Agency shall be the persons occupying the following positions and exercising the following functions:

               (1)

               from the Directorate-General for Health and Food Safety:

                           (a)

                           as member, the Director-General of the Directorate-General for Health and Food Safety;

                           (b)

                           as alternate, the Director heading the Directorate which is responsible for medicinal products, within the remit of responsibilities assigned to the Directorate-General for Health and Food Safety;

               (2)

               from the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs:

                           (a)

                           as member, the Director heading the Directorate which is responsible for medicinal products, within the remit of responsibilities assigned to the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs;

                           (b)

                           as alternate, the Head of Unit heading the Unit which is responsible for medicinal products, within the remit of responsibilities assigned to the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs.

         Article 2
   This Decision shall apply to the persons occupying, including on a temporary basis, the positions referred to in Article 1 at the date of adoption of this Decision, or to any successor of those persons in those positions.
   Article 3
   The Director-Generals of the Directorate-General for Health and Food Safety and the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs shall inform the Chair of the Management Board and the Executive Director of the Agency of the names of the persons occupying the positions referred to in Article 1, and any changes thereof.
   Article 4
   Commission Decision of 14 December 2010 appointing two Commission representatives and two alternates to the Management Board of the European Medicines Agency is repealed.
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 20 March 2015.

            For the Commission

         Vytenis ANDRIUKAITIS

            Member of the Commission

      (1)  OJ L 136, 30.4.2004, p. 1.

      (2)  OJ C 340, 15.12.2010, p. 17.


title: 2010/86/,Euratom: Decision of the European Parliament of 20 January 2010 electing the European Ombudsman

text:
               12.2.2010

               EN

               Official Journal of the European Union

               L 39/4

         DECISION OF THE EUROPEAN PARLIAMENT
   of 20 January 2010
   electing the European Ombudsman
   (2010/86/EU, Euratom)
   THE EUROPEAN PARLIAMENT,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 24 and Article 228 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties (1),
   Having regard to Rule 204 of its Rules of Procedure,
   Having regard to the call for applications (2),
   Having regard to its vote of 20 January 2010,
   HAS DECIDED:
   to elect Mr Nikiforos DIAMANDOUROS to serve as European Ombudsman.

      Done at Strasbourg, 20 January 2010.

            For the European Parliament

            The President

         J. BUZEK

      (1)  OJ L 113, 4.5.1994, p. 15.

      (2)  OJ C 216, 10.9.2009, p. 7.