title: Council Decision (CFSP) 2018/1084 of 30 July 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2018/475

text:
                  31.7.2018

                  EN

                  Official Journal of the European Union

                  L 194/144

         COUNCIL DECISION (CFSP) 2018/1084
         of 30 July 2018
         updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2018/475
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on European Union, and in particular Article 29 thereof,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

                     (2)

                     On 21 March 2018, the Council adopted Decision (CFSP) 2018/475 (2) updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’).

                     (3)

                     In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to review the names of persons, groups and entities on the list at regular intervals to ensure that there are grounds for keeping them thereon.

                     (4)

                     This Decision sets out the result of the review that the Council has carried out in respect of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

                     (5)

                     The Council has verified that competent authorities as referred to in Article 1(4) of Common Position 2001/931/CFSP have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP. The Council has also concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for therein.

                     (6)

                     The list should be updated accordingly and Decision (CFSP) 2018/475 should be repealed,

               HAS ADOPTED THIS DECISION:

            Article 1
            The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply is set out in the Annex to this Decision.

            Article 2
            Decision (CFSP) 2018/475 is repealed.

            Article 3
            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, 30 July 2018.

                  For the Council

                  The President

               G. BLÜMEL

            (1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

            (2)  Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/1426 (OJ L 79, 22.3.2018, p. 26).

            ANNEX

               List of persons, groups and entities referred to in Article 1

            I.   PERSONS

                        1.

                        ABDOLLAHI Hamed (a.k.a. Mustafa Abdullahi), born 11.8.1960 in Iran. Passport number: D9004878.

                        2.

                        AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia.

                        3.

                        AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia.

                        4.

                        ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born 6.3.1955 or 15.3.1955 in Iran. Iranian and US national. Passport number: C2002515 (Iran); Passport number: 477845448 (USA). National ID no.: 07442833, expiry date 15.3.2016 (USA driving licence).

                        5.

                        BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands).

                        6.

                        EL HAJJ, Hassan Hassan, born 22.3.1988 in Zaghdraiya, Sidon, Lebanon, Canadian citizen. Passport number: JX446643 (Canada).

                        7.

                        IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born in 1963 in Lebanon, citizen of Lebanon.

                        8.

                        MELIAD, Farah, born 5.11.1980 in Sydney (Australia), Australian citizen. Passport number: M2719127 (Australia).

                        9.

                        MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport number: 488555.

                        10.

                        ȘANLI, Dalokay (a.k.a. Sinan), born 13.10.1976 in Pülümür (Turkey).

                        11.

                        SHAHLAI Abdul Reza (a.k.a. Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a. Hajj Yusef, a.k.a. Haji Yusif, a.k.a. Hajji Yasir, a.k.a. Hajji Yusif, a.k.a. Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran.

                        12.

                        SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran.

                        13.

                        SOLEIMANI Qasem (a.k.a. Ghasem Soleymani, a.k.a. Qasmi Sulayman, a.k.a. Qasem Soleymani, a.k.a. Qasem Solaimani, a.k.a. Qasem Salimani, a.k.a. Qasem Solemani, a.k.a. Qasem Sulaimani, a.k.a. Qasem Sulemani), born 11.3.1957 in Iran. Iranian national. Passport number: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

                  II.   GROUPS AND ENTITIES

                        1.

                        ‘Abu Nidal Organisation’ — ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’).

                        2.

                        ‘Al-Aqsa Martyrs' Brigade’.

                        3.

                        ‘Al-Aqsa e.V’.

                        4.

                        ‘Babbar Khalsa’.

                        5.

                        ‘Communist Party of the Philippines’, including ‘New People's Army’ — ‘NPA’, Philippines.

                        6.

                        ‘Gama'a al-Islamiyya’ (a.k.a. ‘Al-Gama'a al-Islamiyya’) (‘Islamic Group’ — ‘IG’).

                        7.

                        ‘İslami Büyük Doğu Akıncılar Cephesi’ — ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’).

                        8.

                        ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’.

                        9.

                        ‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu'llah Military Wing’, a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)).

                        10.

                        ‘Hizbul Mujahideen’ — ‘HM’.

                        11.

                        ‘Khalistan Zindabad Force’ — ‘KZF’.

                        12.

                        ‘Kurdistan Workers' Party’ — ‘PKK’, (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’).

                        13.

                        ‘Liberation Tigers of Tamil Eelam’ — ‘LTTE’.

                        14.

                        ‘Ejército de Liberación Nacional’ (‘National Liberation Army’).

                        15.

                        ‘Palestinian Islamic Jihad’ — ‘PIJ’.

                        16.

                        ‘Popular Front for the Liberation of Palestine’ — ‘PFLP’.

                        17.

                        ‘Popular Front for the Liberation of Palestine — General Command’ (a.k.a. ‘PFLP — General Command’).

                        18.

                        ‘Devrimci Halk Kurtuluș Partisi-Cephesi’ — ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People's Liberation Army/Front/Party’).

                        19.

                        ‘Sendero Luminoso’ — ‘SL’ (‘Shining Path’).

                        20.

                        ‘Teyrbazen Azadiya Kurdistan’ — ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’).


title: Council Decision (CFSP) 2018/1085 of 30 July 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

text:
                  31.7.2018

                  EN

                  Official Journal of the European Union

                  L 194/147

         COUNCIL DECISION (CFSP) 2018/1085
         of 30 July 2018
         amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on European Union, and in particular Article 29 thereof,
         Having regard to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 3(1) thereof,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 17 March 2014, the Council adopted Decision 2014/145/CFSP.

                     (2)

                     As part of the Union's non-recognition policy of the illegal annexation of Crimea and Sevastopol, the Council regards the construction of the Kerch Bridge as a further action undermining the territorial integrity, sovereignty and independence of Ukraine.

                     (3)

                     The construction of this bridge and its official opening, on 15 May 2018, are key symbolic steps in consolidating the Russian Federation's control over the illegally annexed Crimea and Sevastopol and further isolating the peninsula from Ukraine.

                     (4)

                     In view of the above, additional entities should be added to the list of persons, entities and bodies subject to restrictive measures as set out in the Annex to Decision 2014/145/CFSP.

                     (5)

                     The Annex to Decision 2014/145/CFSP should be amended accordingly,

               HAS ADOPTED THIS DECISION:

            Article 1
            The entities listed in the Annex to this Decision shall be added to the list of entities set out in the Annex to Decision 2014/145/CFSP.

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

            Done at Brussels, 30 July 2018.

                  For the Council

                  The President

               G. BLÜMEL

            (1)  OJ L 78, 17.3.2014, p. 16.

            ANNEX
            List of entities referred to in Article 1:

                           Name

                           Identifying information

                           Reasons

                           Date of listing

                           ‘42.

                           AO “Institute Giprostroymost — Saint-Petersburg”
                           АО Институт Гипростроймост – Санкт-Петербург

                           Address:

                                       7 Yablochkova street,

                                       St. Petersburg,

                                       197198 Russia

                                       Website: http://gpsm.ru

                                       Email: office@gpsm.ru

                           AO “Institute Giprostroymost — Saint-Petersburg” participated in the construction of the Kerch Bridge through its design of the Bridge, connecting Russia to the illegally annexed Crimean peninsula. Therefore it is supporting the consolidation of the illegally annexed Crimean peninsula into the Russian Federation, which in turn further undermines the territorial integrity, sovereignty and independence of Ukraine.

                           31.7.2018

                           43.

                           PJSC Mostotrest
                           ПАО Мостотрест

                           Address:

                                       6 Barklaya street,

                                       Bld. 5 Moscow,

                                       121087 Russia

                           PJSC Mostotrest actively participated in the construction of the Kerch Bridge through its state contract for the maintenance of the bridge, connecting Russia to the illegally annexed Crimean peninsula. Furthermore it is owned by an individual (Arkady Rotenberg) that is already designated for his actions undermining Ukrainian sovereignty (person No 92 in this Annex). Therefore the company is supporting the consolidation of the illegally annexed Crimean peninsula into the Russian Federation, which in turn further undermines the territorial integrity, sovereignty and independence of Ukraine.

                           31.7.2018

                           44.

                           JSC Zaliv Shipyard
                           Судостроительный завод ‘Залив’

                           Address:

                                       4 Tankistov street,

                                       298310 Kerch,

                                       Crimea

                                       Website: http://zalivkerch.com

                           JSC Zaliv Shipyard actively participated in the construction of new railway to the Kerch Bridge, connecting Russia to the illegally annexed Crimean peninsula. Therefore it is supporting the consolidation of the illegally annexed Crimean peninsula into the Russian Federation, which in turn further undermines the territorial integrity, sovereignty and independence of Ukraine.

                           31.7.2018

                           45.

                           Stroygazmontazh Corporation (SGM Group)
                           ООО Стройгазмонтаж
                           (груп СГМ)

                           Address:

                                       Prospect Vernadskogo 53

                                       Moscow,

                                       119415 Russia

                                       Website: www.ooosgm.com

                           Stroygazmontazh Corporation (SGM Group) actively participated in the construction of the Kerch Bridge through its state contract for the construction of the bridge connecting Russia to the illegally annexed Crimean peninsula.
                           Furthermore it is owned by an individual (Arkady Rotenberg) that is already designated for his actions undermining Ukrainian sovereignty (person No 92 in this Annex). Therefore the company is supporting the consolidation of the illegally annexed Crimean peninsula into the Russian Federation, which in turn further undermines the territorial integrity, sovereignty and independence of Ukraine.

                           31.7.2018

                           46.

                           Stroygazmontazh Most OOO
                           OOO Стройгазмонтаж-Мост

                           Address:

                                       Barklaya street 6, building 7 Moscow,

                                       121087 Russia

                                 Registration ID: 1157746088170
                           Tax ID No: 7730018980
                           Website: http://kerch-most.ru/tag/sgam-most
                           Email: kerch-most@yandex.ru

                           Stroygazmontazh Most OOO is a subsidiary of lead contractor Stroygazmontazh that manages the construction project of the bridge over the Kerch Strait. Furthermore it is owned by an individual (Arkady Rotenberg) that is already designated for his actions undermining Ukrainian sovereignty (person No 92 in this Annex). Therefore the company is supporting the consolidation of the illegally annexed Crimean peninsula into the Russian Federation, which in turn further undermines the territorial integrity, sovereignty and independence of Ukraine.

                           31.7.2018

                           47.

                           CJSC VAD
                           AKTSIONERNOE OBSHCHESTVO VAD
                           АО «ВАД»

                           Address:
                           133 Chernyshevskogo street, Vologda, Vologodskaya Oblast, 160019 Russia
                           122, Grazhdanskiy Prospect, suite 5, Liter A, St. Petersburg, 195267 Russia
                           Registration ID: 1037804006811 (Russia)
                           Tax ID No: 7802059185
                           Website: www.zaovad.com
                           Email: office@zaovad.com

                           CJSC VAD is the main contractor for the construction of the Tavrida Highway in Crimea, the road over the Kerch Bridge and the access roads to it. Tavrida Highway will provide transportation access to Crimea through a system of newly constructed roadways that serve as a primary connection to the Kerch Bridge. Therefore CJSC VAD is supporting the consolidation of the illegally annexed Crimean peninsula into the Russian Federation, which in turn further undermines the territorial integrity, sovereignty and independence of Ukraine.

                           31.7.2018’


title: Commission Decision of 08/08/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9018 - Cerberus / WFS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                        EUROPEAN COMMISSION

               Brussels, 08.08.2018

               C(2018) 5497 final

                  PUBLIC VERSION

               To the notifying party:

               Subject:Case M.9018 - CERBERUS GROUP / WFS GLOBAL HOLDING
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
                  1
                and Article 57 of the Agreement on the European Economic Area
                  2

               Dear Sir or Madam,

               1.On 13 July 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Promontoria Holding 264 B.V. ("Promontoria", the Netherlands), belonging to the Cerberus Group (United States of America), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of the undertaking WFS Global Holding S.A.S. ("WFS", France) by way of purchase of shares.
                  3

               2.The business activities of the undertakings concerned are:

               – for Promontoria: a company which is controlled by the Cerberus Group, a private investment firm engaged in real property and personal property of all kinds.

               – for WFS: provision of ground handling services incidental to air transport (ramp, passenger and cargo handling services) and other freight related services (namely, offline services and freight forwarding by truck). WFS provides services in North America, the Carribean, Europe, Asia and Africa.

               3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
                  4

               4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

               For the Commission
               (Signed)
               Johannes LAITENBERGER
                  Director-General

                     (1)

                        OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

                     (2)

                        OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

                     (3)

                        Publication in the Official Journal of the European Union No C 255, 20.07.2018, p. 18.

                     (4)

                           OJ C 366, 14.12.2013, p. 5.


title: Commission Decision of 24/08/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9027 - Fosun International Limited / FFT Gesellschaft mbH) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                        EUROPEAN COMMISSION

               Brussels, 24.08.2018

               C(2018) 5719 final

                  PUBLIC VERSION

               To the Notifying Party

               Subject:Case M.9027 - FOSUN INTERNATIONAL / FFT
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
                  1
                and Article 57 of the Agreement on the European Economic Area
                  2

               Dear Sir or Madam,

               1.On 1 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Fosun International Limited (‘Fosun’, Hong Kong) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of FFT GmbH & Co. KGaA (Germany) and FFT Gesellschaft mbH (Austria) and their wholly and majority owned subsidiaries (together, ‘FFT’) by way of purchase of shares.
                  3

               2.The business activities of the undertakings concerned are:

               -for Fosun: an investment group focusing on pharmaceutical, medical services and health management, health products, tourism, leisure, fashion, consumer and lifestyle, insurance and finance,

               -for FFT: supplying automated and flexible production systems for the automotive industry as well as for non-automotive sectors.

               3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
                  4

               4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

               For the Commission

                  (Signed)
               Johannes LAITENBERGER
                  Director-General

                     (1)

                        OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

                     (2)

                        OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

                     (3)

                        Publication in the Official Journal of the European Union No C 278, 08.08.2018, p. 6.

                     (4)

                           OJ C 366, 14.12.2013, p. 5.


title: Commission Decision of 23/08/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9058 - Sonae SGPS, SA / Sonae Sierra SGPS, SA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                        EUROPEAN COMMISSION

               Brussels, 23.08.2018

               C(2018) 5678 final

                  PUBLIC VERSION

               To the notifying party :

               Subject:Case M.9058 – SONAE / SONAE SIERRA
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
                  1
                and Article 57 of the Agreement on the European Economic Area
                  2

               Dear Sir or Madam,

               1.On 30 July 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Sonae, SGPS, SA (‘Sonae’, Portugal), controlled by Efanor Investimentos, SA (Portugal), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Sonae Sierra, SGPS, SA (‘Sonae Sierra’, Portugal).
                  3

               The concentration is accomplished by way of purchase of shares and by amendments to the Shareholders' Agreement.

               2.The business activities of the undertakings concerned are:

               - for Sonae: retail and wholesale distribution of food and non-food products and the management of related real estate assets; as well as telecommunications, media and technology. Other company groups controlled by Efanor Investimentos, SA, are active in the production of wood-based boards and related products as well as in tourism, hospitality, fitness, energy, refrigeration and HVAC,

               - for Sonae Sierra: international retail real estate group that develops, manages and invests in sustainable retail assets and provides investment, development and property management services. Sonae Sierra is currently controlled by Sonae and Grosvenor Investments SARL (Portugal).

               3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(d) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
                  4

               4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

               For the Commission

               (Signed)

               Johannes LAITENBERGER
                  Director-General

                     (1)

                        OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

                     (2)

                        OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

                     (3)

                        Publication in the Official Journal of the European Union No C 274, 06.08.2018, p. 7.

                     (4)

                           OJ C 366, 14.12.2013, p. 5.


title: Commission Decision (EU) 2017/2172 of 20 November 2017 amending Decision 2010/670/EU as regards the deployment of non-disbursed revenues from the first round of calls for proposals (notified under document C(2017) 7656)

text:
               22.11.2017

               EN

               Official Journal of the European Union

               L 306/24

         COMMISSION DECISION (EU) 2017/2172
   of 20 November 2017
   amending Decision 2010/670/EU as regards the deployment of non-disbursed revenues from the first round of calls for proposals

         (notified under document C(2017) 7656)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (1), and in particular Article 10a(8) thereof,
   Whereas:

               (1)

               Article 10a(8) of Directive 2003/87/EC establishes a mechanism for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 (hereinafter ‘CCS demonstration projects’) and demonstration projects of innovative renewable energy technologies (hereinafter ‘RES demonstration projects’), using 300 million allowances from the system for greenhouse gas emission allowance trading within the Union (‘EU ETS’) which were set aside for new entrants but not allocated.

               (2)

               In its Decision 2010/670/EU (2), the Commission laid down rules and criteria for the selection and implementation of those projects and basic principles for the monetisation of allowances and for the management of revenues.

               (3)

               By mid-2014, as a result of a first and second call for proposals, funds have been awarded to support the implementation of 39 RES and CCS demonstration projects in 20 EU Member States. However, given the challenging economic environment globally and in the EU, some of the 20 projects awarded under the first call for proposals, found it difficult to raise sufficient equity or to attract additional financiers. As a consequence, by 31 December 2016, 14 projects have reached their final investment decision in accordance with Article 9 of Decision 2010/670/EU and at least 436 million EUR related to the awarded projects for this first call for proposals have not been used.

               (4)

               The non-disbursed funds should be used to directly fund projects within the scope defined in Article 10a(8) of Directive 2003/87/EC. Moreover, considering the specific situation of highly innovative renewable energy and CCS demonstration projects, a part of financing should be provided in the form of grants.

               (5)

               In order to increase investment in these highly innovative projects in the energy sector in the EU, a priority recognised by the Commission in its Communication on Accelerating Clean Energy Innovation (3), non-disbursed revenues from the first call for proposals should be redeployed without delay, and with priority, using the InnovFin EDP Facility under Horizon 2020 (4). This support would be complementary to existing and forthcoming financial support, such as grants under Horizon 2020.

               (6)

               In order to increase investment in these highly innovative projects in the transport sector, eligible projects should only promote innovative, replicable and scalable use of renewable energy using the Debt Instrument in the sector of transport under Connecting Europe Facility (5).

               (7)

               Projects awarded under the first or second call for proposals that have reached final investment decisions and are under implementation will be deemed eligible for applying to the relevant financial instrument.

               (8)

               In order to raise broad public awareness about the relevant financial instruments the Commission and the European Investment Bank Group will continue to regularly organise dedicated technical workshops for Member States and project sponsors.

               (9)

               The Commission will report sufficiently in advance to the Climate Change Committee on the development of the relevant Delegation Agreements between the Commission and the European Investment Bank, in particular as regards the related eligibility criteria, implementation of the relevant financial instruments, especially the build-up of the project pipeline, assessment of the project applications and finally on the use of the redeployed revenues, and take appropriate account of the views of Member States.

               (10)

               The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/670/EU is amended as follows:

               1.

               In Article 2, the following paragraph 4 is inserted:
               ‘4.   Any non-disbursed revenues from the first round of calls for proposals shall be available to support first-of-a-kind innovative, replicable and ready to demonstrate at scale CCS and RES demonstration projects, using relevant financial instruments managed by the European Investment Bank Group, with a priority given to the InnovFin EDP Facility and the Debt Instrument in the sector of transport under Connecting Europe Facility.
               The preceding paragraph, Articles 6, 8, 11(1) to (5), the first and second subparagraphs of Article 11(6) and Article 13 shall not apply to the use of these revenues.
               The Commission shall report sufficiently in advance to the Climate Change Committee on the development of the relevant Delegation Agreements between the Commission and the European Investment Bank, in particular as regards the related eligibility criteria, implementation of the relevant financial instruments, especially the build-up of the project pipeline, assessment of the project applications and finally on the use of the redeployed revenues, and take appropriate account of the views of Member States’.

               2.

               The following paragraph is added in Article 14:
               ‘The Commission shall report regularly to the Climate Change Committee on the use of the revenues referred to in Article 2(4), including upfront information on the planned support for projects and the part of support to be made available in the form of grants, geographical distribution of projects, scale of projects and technological coverage, ex-post information on the progress of realization of projects, avoidance of CO2 emissions, financial leverage, awareness-raising and lessons learned, as appropriate.’

         Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 20 November 2017.

            For the Commission

         Miguel ARIAS CAÑETE

            Member of the Commission

      (1)  OJ L 275, 25.10.2003, p. 32.

      (2)  Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010, p. 39).

      (3)  C(2016) 763 final.

      (4)  Council Decision 2013/743/EU of 3 December 2013 establishing the specific programme implementing Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020) and repealing Decisions 2006/971/EC, 2006/972/EC, 2006/973/EC, 2006/974/EC and 2006/975/EC (OJ L 347, 20.12.2013, p. 965).

      (5)  Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).


title: Council Decision (EU) 2017/2171 of 20 November 2017 on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2019, the annual amount for 2018, the first instalment for 2018 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2020 and 2021

text:
               22.11.2017

               EN

               Official Journal of the European Union

               L 306/21

         COUNCIL DECISION (EU) 2017/2171
   of 20 November 2017
   on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2019, the annual amount for 2018, the first instalment for 2018 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2020 and 2021
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and 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 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), as last amended (‘ACP-EU Partnership Agreement’),
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (2) (‘the Internal Agreement’), and in particular Article 7(2) thereof,
   Having regard to the Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th European Development Fund (3) (‘the 11th EDF Financial Regulation’), and in particular Article 21(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In accordance with the procedure laid down in Article 21(2) of the 11th EDF Financial Regulation, the Commission presented a proposal by 15 October 2017 specifying (a) the ceiling for the annual amount of the Member States' European Development Fund (EDF) contributions for 2019; (b) the annual amount of the Member States' EDF contributions for 2018; (c) the amount of the first instalment of the contribution for 2018; and (d) an indicative, non-binding forecast for the expected annual amounts of contributions for the years 2020 and 2021.

               (2)

               In accordance with Article 52 of the 11th EDF Financial Regulation, the European Investment Bank (EIB) sent on 4 September 2017 to the Commission its updated estimates of commitments and payments under the instruments it manages.

               (3)

               Article 22(1) of the 11th EDF Financial Regulation provides that calls for contributions first use up the amounts provided for in previous EDFs. Therefore a call for funds under the 10th EDF for the EIB and the 11th EDF for the Commission should be made.

               (4)

               Council Decision (EU) 2016/2026 (4) has set out the ceiling for the annual amount of the Member States' EDF contributions for 2018 at EUR 4 550 000 000 for the Commission, and at EUR 250 000 000 for the EIB.

               (5)

               Council Decision (EU) 2017/1206 (5) has established a reduction of contribution from the Eighth and Ninth EDF decommitted funds for an amount of EUR 200 000 000,

         HAS ADOPTED THIS DECISION:
   Article 1
   The ceiling for the annual amount of the Member States' EDF contributions for 2019 is hereby set at EUR 4 900 000 000. It shall be divided into EUR 4 600 000 000 for the Commission, and EUR 300 000 000 for the EIB.
   Article 2
   The annual amount of the Member States' EDF contributions for 2018 is hereby set at EUR 4 800 000 000. It shall be divided into EUR 4 550 000 000 for the Commission, and EUR 250 000 000 for the EIB.
   Article 3
   The individual EDF contributions to be paid by the Member States to the Commission and the EIB as the first instalment for 2018 are set out in the table in the Annex to this Decision.
   Payments of those contributions may be combined with adjustments under the implementation of the reduction of contributions for an amount of EUR 200 000 000 from decommitted funds under the Eighth and Ninth EDF, following an adjustment plan communicated by each Member State.
   Article 4
   The indicative non-binding forecast for the expected annual amount of contributions for 2020 is hereby set at EUR 4 600 000 000 for the Commission and at EUR 300 000 000 for the EIB, and that for 2021 at EUR 4 700 000 000 for the Commission and at EUR 300 000 000 for the EIB.
   Article 5
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 20 November 2017.

            For the Council

            The President

         M. MAASIKAS

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

      (2)  OJ L 210, 6.8.2013, p. 1.

      (3)  OJ L 58, 3.3.2015, p. 17.

      (4)  Council Decision (EU) 2016/2026 of 15 November 2016 on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2018, the annual amount for 2017, the first instalment for 2017 and an indicative and non-binding forecast for the expected annual amounts for the years 2019 and 2020 (OJ L 313, 19.11.2016, p. 25).

      (5)  Council Decision (EU) 2017/1206 of 4 July 2017 on the financial contributions to be paid by Member States to finance the European Development Fund, including the second instalment for 2017 (OJ L 173, 6.7.2017, p. 15).

      ANNEX

                  MEMBER STATES

                  Key 10th EDF %

                  Key 11th EDF %

                  First instalment 2018 (EUR)

                  Total

                  Commission 11th EDF

                  EIB 10th EDF

                  BELGIUM

                  3,53

                  3,24927

                  66 610 035,00

                  5 295 000,00

                  71 905 035,00

                  BULGARIA

                  0,14

                  0,21853

                  4 479 865,00

                  210 000,00

                  4 689 865,00

                  CZECH REPUBLIC

                  0,51

                  0,79745

                  16 347 725,00

                  765 000,00

                  17 112 725,00

                  DENMARK

                  2,00

                  1,98045

                  40 599 225,00

                  3 000 000,00

                  43 599 225,00

                  GERMANY

                  20,50

                  20,57980

                  421 885 900,00

                  30 750 000,00

                  452 635 900,00

                  ESTONIA

                  0,05

                  0,08635

                  1 770 175,00

                  75 000,00

                  1 845 175,00

                  IRELAND

                  0,91

                  0,94006

                  19 271 230,00

                  1 365 000,00

                  20 636 230,00

                  GREECE

                  1,47

                  1,50735

                  30 900 675,00

                  2 205 000,00

                  33 105 675,00

                  SPAIN

                  7,85

                  7,93248

                  162 615 840,00

                  11 775 000,00

                  174 390 840,00

                  FRANCE

                  19,55

                  17,81269

                  365 160 145,00

                  29 325 000,00

                  394 485 145,00

                  CROATIA

                  0,00

                  0,22518

                  4 616 190,00

                  0,00

                  4 616 190,00

                  ITALY

                  12,86

                  12,53009

                  256 866 845,00

                  19 290 000,00

                  276 156 845,00

                  CYPRUS

                  0,09

                  0,11162

                  2 288 210,00

                  135 000,00

                  2 423 210,00

                  LATVIA

                  0,07

                  0,11612

                  2 380 460,00

                  105 000,00

                  2 485 460,00

                  LITHUANIA

                  0,12

                  0,18077

                  3 705 785,00

                  180 000,00

                  3 885 785,00

                  LUXEMBOURG

                  0,27

                  0,25509

                  5 229 345,00

                  405 000,00

                  5 634 345,00

                  HUNGARY

                  0,55

                  0,61456

                  12 598 480,00

                  825 000,00

                  13 423 480,00

                  MALTA

                  0,03

                  0,03801

                  779 205,00

                  45 000,00

                  824 205,00

                  NETHERLANDS

                  4,85

                  4,77678

                  97 923 990,00

                  7 275 000,00

                  105 198 990,00

                  AUSTRIA

                  2,41

                  2,39757

                  49 150 185,00

                  3 615 000,00

                  52 765 185,00

                  POLAND

                  1,30

                  2,00734

                  41 150 470,00

                  1 950 000,00

                  43 100 470,00

                  PORTUGAL

                  1,15

                  1,19679

                  24 534 195,00

                  1 725 000,00

                  26 259 195,00

                  ROMANIA

                  0,37

                  0,71815

                  14 722 075,00

                  555 000,00

                  15 277 075,00

                  SLOVENIA

                  0,18

                  0,22452

                  4 602 660,00

                  270 000,00

                  4 872 660,00

                  SLOVAKIA

                  0,21

                  0,37616

                  7 711 280,00

                  315 000,00

                  8 026 280,00

                  FINLAND

                  1,47

                  1,50909

                  30 936 345,00

                  2 205 000,00

                  33 141 345,00

                  SWEDEN

                  2,74

                  2,93911

                  60 251 755,00

                  4 110 000,00

                  64 361 755,00

                  UNITED KINGDOM

                  14,82

                  14,67862

                  300 911 710,00

                  22 230 000,00

                  323 141 710,00

                  TOTAL EU-28

                  100,00

                  100,00

                  2 050 000 000,00

                  150 000 000,00

                  2 200 000 000,00


title: Council Decision (EU) 2017/2182 of 20 November 2017 on the signing, on behalf of the European Union, of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products

text:
               24.11.2017

               EN

               Official Journal of the European Union

               L 309/1

         COUNCIL DECISION (EU) 2017/2182
   of 20 November 2017
   on the signing, on behalf of the European Union, of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 19 of the Agreement on the European Economic Area (‘the EEA Agreement’) provides that the Contracting Parties undertake to continue their efforts with a view to achieving progressive liberalisation of agricultural trade.

               (2)

               On 18 November 2014, the Council authorised the Commission to open negotiations with Norway with a view to achieving greater liberalisation of bilateral trade in agricultural products under Article 19 of the EEA Agreement. The negotiations were successfully concluded and an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (‘the Agreement’) was initialled on 5 April 2017.

               (3)

               The Agreement should be signed on behalf of the Union, subject to its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products is hereby authorised, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 20 November 2017.

            For the Council

            The President

         M. MAASIKAS

      (1)  The text of the Agreement will be published in the Official Journal together with the decision on its conclusion.


               24.11.2017

               EN

               Official Journal of the European Union

               C 399/204

         P8_TA(2015)0436
   Request for the waiver of the immunity of Georgios Kyrtsos
   European Parliament decision of 15 December 2015 on the request for waiver of the immunity of Georgios Kyrtsos (2015/2238(IMM))
   (2017/C 399/26)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Georgios Kyrtsos, forwarded on 21 July 2015 by the Prosecutor’s Office at the Supreme Court of Greece in connection with a complaint from the East Attica Labour Inspectorate for non-payment of wages (1) and announced in plenary on 9 September 2015,

               —

               having regard to the fact that Georgios Kyrtsos waived his right to a hearing in accordance with Rule 9(5) of its Rules of Procedure,

               —

               having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and to Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (2),

               —

               having regard to Article 62 of the Constitution of the Hellenic Republic,

               —

               having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A8-0358/2015),

               A.

               whereas the Prosecutor’s Office at the Supreme Court of Greece has requested the waiver of the immunity of Georgios Kyrtsos, Member of the European Parliament, in connection with possible legal action concerning an alleged offence;

               B.

               whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament enjoy, in the territory of their own state, the immunities accorded to members of the parliament of that state;

               C.

               whereas Article 62 of the Constitution of the Hellenic Republic provides that, during their parliamentary term, members of parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by parliament;

               D.

               whereas Georgios Kyrtsos is accused of non-payment of part of the salary of one of his former employees;

               E.

               whereas that accusation relates to part of the 2013 salary of a former employee of two newspaper publishing firms, of which Georgios Kyrtsos was the manager at the time, and is directed at Georgios Kyrtsos as the former manager of those firms;

               F.

               whereas the alleged offence clearly has nothing to do with the office of Georgios Kyrtsos as a Member of the European Parliament but is rather connected to his former position as manager of two newspaper firms;

               G.

               whereas the prosecution does not concern opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament in question for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

               H.

               whereas there is no reason to suspect that the intention underlying criminal proceedings is to damage a Member’s political activity (fumus persecutionis), given that the prosecution was initiated a number of years before the Member took up his post;

               1.

               Decides to waive the immunity of Georgios Kyrtsos;

               2.

               Instructs its President to forward this decision and the report of its committee responsible immediately to the Greek authorities.

      (1)  Document reference ABM:IB2014/8927.

      (2)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


               24.11.2017

               EN

               Official Journal of the European Union

               C 399/235

         P8_TA(2015)0449
   Non-objection to a delegated act: model financial regulation for public-private partnership bodies
   European Parliament decision to raise no objections to the Commission delegated regulation of 30 October 2015 amending Delegated Regulation (EU) No 110/2014 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (C(2015)07554 — 2015/2940(DEA))
   (2017/C 399/48)

      The European Parliament,

               —

               having regard to the Commission delegated regulation (C(2015)07554),

               —

               having regard to the Commission’s letter of 12 November 2015 asking Parliament to declare that it will raise no objections to the delegated regulation,

               —

               having regard to the letter from the Committee on Budgets and the Committee on Budgetary Control to the Chair of the Conference of Committee Chairs of 27 November 2015,

               —

               having regard to Article 290 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 210 thereof,

               —

               having regard to Regulation (EU, Euratom) 2015/1929 of the European Parliament and of the Council of 28 October 2015 amending Regulation (EU, Euratom) No 966/2012 (2),

               —

               having regard to the recommendation for a decision by the Committee on Budgets and the Committee on Budgetary Control,

               —

               having regard to Rule 105(6) of its Rules of Procedure,

               —

               having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 105(6) of its Rules of Procedure, which expired on 15 December 2015,

               A.

               whereas, in the joint statement of the European Parliament, the Council and the Commission on the separate discharge for Joint Undertakings under Article 209 of the Financial Regulation (3), the three institutions declared in particular their intention ‘to propose relevant modifications to Articles 209 and 60(7) of the Financial Regulation in the framework of the future revision of the Financial Regulation’;

               B.

               whereas Regulation (EU, Euratom) No 966/2012 was modified on 28 October 2015 by Regulation (EU, Euratom) 2015/1929, which, in addition to aligning it with Directives 2014/23/EU (4) and 2014/24/EU (5) and strengthening the system of protection of the EU budget, modified Articles 209 and 60 thereof, aligning the rules on discharge, external audit and annual reporting of the bodies operating under Article 209 of the Financial Regulation with those of the bodies operating under Article 208;

               C.

               whereas on 30 October 2015 the Commission adopted the delegated regulation (C(2015)07554) updating Delegated Regulation (EU) No 110/2014 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 (aligning it with the corresponding provisions of Delegated Regulation (EU) No 1271/2013 applying to the bodies referred to in Article 208 of the Financial Regulation) with a view to its application from the beginning of the financial year, ensuring a clear-cut transition to the new rules;

               D.

               whereas, pursuant to Article 210 of Regulation (EU, Euratom) No 966/2012, which empowers the Commission to adopt such delegated acts, the delegated regulation (C(2015)07554) may in principle enter into force only at the end of the period of scrutiny by Parliament and the Council, which runs for two months from the date of notification — i.e. until 30 December 2015 — and may be extended by a further two months;

               E.

               whereas, however, the Commission asked Parliament on 12 November 2015, should it not intend to object to the delegated act, to notify the Commission accordingly on 21 December 2015 at the latest, since in order to ensure its timely publication in the Official Journal before 31 December 2015 and thereby secure the entry into force of the delegated act on 1 January 2016 as envisaged, it would have to be transmitted to the Publications Office by 21 December 2015;

               1.

               Declares that it has no objections to the delegated regulation;

               2.

               Instructs its President to forward this decision to the Council and the Commission.

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

      (2)  OJ L 286, 30.10.2015, p. 1.

      (3)  OJ L 163, 29.5.2014, p. 21.

      (4)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).

      (5)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).


               24.11.2017

               EN

               Official Journal of the European Union

               C 399/237

         P8_TA(2015)0450
   Extension of the term of office of the Chairperson of the European Banking Authority (EBA)
   European Parliament decision of 16 December 2015 on the extension of the term of office of the Chairperson of the European Banking Authority (EBA) (C8-0313/2015 — 2015/0903(NLE))
   (Approval)
   (2017/C 399/49)

      The European Parliament,

               —

               having regard to the proposal of the Board of Supervisors of the European Banking Authority (EBA) of 8 September 2015 to extend the term of office of the Chairperson of the EBA by another five-year term (C8-0313/2015),

               —

               having regard to Article 48(4) of 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 (1),

               —

               having regard to its Rules of Procedure,

               —

               having regard to the report of the Committee on Economic and Monetary Affairs (A8-0347/2015),

               A.

               whereas the first Chairperson of the EBA was appointed by the Board of Supervisors of the EBA in 2011, following an open selection procedure, for a term of office of five years, in accordance with Article 48(2) of Regulation (EU) No 1093/2010;

               B.

               whereas Article 48(4) of Regulation (EU) No 1093/2010 provides that the Board of Supervisors of the EBA, taking into account the evaluation referred to in that provision, may extend the term of office of the Chairperson of the EBA once, subject to confirmation by the European Parliament;

               C.

               whereas, on 8 September 2015, the Board of Supervisors of the EBA proposed to extend the term of office of Andrea Enria, the incumbent Chairperson of the EBA, by another five-year term, and informed the European Parliament accordingly;

               D.

               whereas, on 17 November 2015, the Committee on Economic and Monetary Affairs held a hearing with Andrea Enria, the incumbent Chairperson of the EBA, at which he made an opening statement and then responded to questions from the members of the Committee;

               1.

               Approves the proposal for the extension of the term of office of Andrea Enria as Chairperson of the EBA by another five-year term;

               2.

               Instructs its President to forward this decision to the Council, the Commission, the EBA and the governments of the Member States.

      (1)  OJ L 331, 15.12.2010, p. 12.


               24.11.2017

               EN

               Official Journal of the European Union

               C 399/206

         P8_TA(2015)0437
   Request for the waiver of the immunity of Stelios Kouloglou
   European Parliament decision of 15 December 2015 on the request for waiver of the immunity of Stelios Kouloglou (2015/2239(IMM))
   (2017/C 399/27)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Stelios Kouloglou, forwarded on 7 August 2015 by the Prosecutor’s Office at the Supreme Court of Greece in connection with charges of libel and defamation (1) and announced in plenary on 9 September 2015,

               —

               having regard to the fact that Stelios Kouloglou waived his right to a hearing in accordance with Rule 9(5) of its Rules of Procedure,

               —

               having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and to Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (2),

               —

               having regard to Article 62 of the Constitution of the Hellenic Republic,

               —

               having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A8-0356/2015),

               A.

               whereas the Prosecutor’s Office at the Supreme Court of Greece has requested the waiver of the immunity of Stelios Kouloglou, Member of the European Parliament, in connection with possible legal action concerning an alleged offence;

               B.

               whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament enjoy, in the territory of their own state, the immunities accorded to members of the parliament of that state;

               C.

               whereas Article 62 of the Constitution of the Hellenic Republic provides that, during their parliamentary term, members of parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by parliament;

               D.

               whereas Stelios Kouloglou is accused of libel and defamation of prison staff in Patras;

               E.

               whereas that accusation relates to statements which Stelios Kouloglou is claimed to have made to the press in 2010 about the probity of certain members of the prison staff in Patras, at a time when he was a journalist chiefly producing television reporting;

               F.

               whereas the alleged offence clearly has nothing to do with the office of Stelios Kouloglou as a Member of the European Parliament but is rather connected to his former position as a television reporter;

               G.

               whereas the prosecution does not concern opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament in question for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

               H.

               whereas there is no reason to suspect that the intention underlying criminal proceedings is to damage a Member’s political activity (fumus persecutionis), given that the prosecution was initiated a number of years before the Member took up his post;

               I.

               whereas the Greek authorities requested a response from the European Parliament by 7 October 2015 at the latest, as the prosecution would otherwise be time-barred, but whereas Parliament’s procedural requirements do not allow a decision to be taken in such a short timeframe;

               J.

               whereas, however, it is the considered opinion of the Committee on Legal Affairs that, in the light of Judgment No 1126/1994 of the Greek Supreme Court, the time bar is in any case suspended for up to three years while Stelios Kouloglou is a Member of the European Parliament;

               1.

               Decides to waive the immunity of Stelios Kouloglou;

               2.

               Instructs its President to forward this decision and the report of its committee responsible immediately to the Greek authorities.

      (1)  Document reference ABM:IΓ/2011/11882.

      (2)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


               24.11.2017

               EN

               Official Journal of the European Union

               C 399/239

         P8_TA(2015)0452
   Extension of the term of office of the Chairperson of the European Securities and Markets Authority (ESMA)
   European Parliament decision of 16 December 2015 on the extension of the term of office of the Chairperson of the European Securities and Markets Authority (ESMA) (C8-0315/2015 — 2015/0905(NLE))
   (Approval)
   (2017/C 399/51)

      The European Parliament,

               —

               having regard to the proposal of the Board of Supervisors of the European Securities and Markets Authority (ESMA) of 24 September 2015 to extend the term of office of the Chairperson of the ESMA by another five-year term (C8-0315/2015),

               —

               having regard to Article 48(4) of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (1),

               —

               having regard to its Rules of Procedure,

               —

               having regard to the report of the Committee on Economic and Monetary Affairs (A8-0346/2015),

               A.

               whereas the first Chairperson of the ESMA was appointed by the Board of Supervisors of the ESMA in 2011, following an open selection procedure, for a term of office of five years, in accordance with Article 48(2) of Regulation (EU) No 1095/2010;

               B.

               whereas Article 48(4) of Regulation (EU) No 1095/2010 provides that the Board of Supervisors of the ESMA, taking into account the evaluation referred to in that provision, may extend the term of office of the Chairperson of the ESMA once, subject to confirmation by the European Parliament;

               C.

               whereas, on 24 September 2015, the Board of Supervisors of the ESMA proposed to extend the term of office of Steven Maijoor, the incumbent Chairperson of the ESMA, by another five-year term, and informed the European Parliament accordingly;

               D.

               whereas, on 17 November 2015, the Committee on Economic and Monetary Affairs held a hearing with Steven Maijoor, the incumbent Chairperson of the ESMA, at which he made an opening statement and then responded to questions from the members of the Committee;

               1.

               Approves the proposal for the extension of the term of office of Steven Maijoor as Chairperson of the ESMA by another five-year term;

               2.

               Instructs its President to forward this decision to the Council, the Commission, the ESMA and the governments of the Member States.

      (1)  OJ L 331, 15.12.2010, p. 84.


title: Council Decision (EU) 2017/2428 of 30 November 2017 on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               23.12.2017

               EN

               Official Journal of the European Union

               L 344/1

         COUNCIL DECISION (EU) 2017/2428
   of 30 November 2017
   on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207 and 209, in conjunction with point (a) of Article 218(6) thereof,
   Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas

               (1)

               In accordance with Council Decision 2014/718/EU (2), the Protocol to the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part (‘the Protocol’) has been signed, subject to its conclusion at a later date.

               (2)

               The Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved on behalf of the European Union and its Member States.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the European Union and its Member States, the instrument of approval provided for in Article 4(1) of the Protocol.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 30 November 2017.

            For the Council

            The President

         K. SIMSON

      (1)  Consent given on 8 June 2016.

      (2)  Council Decision 2014/718/EU of 8 October 2014 on the signing, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, to take account of the accession of the Republic of Croatia to the European Union (OJ L 300, 18.10.2014, p. 3).


title: Council Decision (EU) 2018/4 of 18 December 2017 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning amending the rules of procedure of the EEA Joint Committee

text:
               5.1.2018

               EN

               Official Journal of the European Union

               L 2/5

         COUNCIL DECISION (EU) 2018/4
   of 18 December 2017
   on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning amending the rules of procedure of the EEA Joint Committee
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular the first indent of point (b) of Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

               (2)

               The Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area (3), signed on 25 July 2007, amended Article 129(1) of the EEA Agreement to add Bulgarian and Romanian to the list of languages of the EEA Agreement.

               (3)

               The Agreement on the participation of the Republic of Croatia in the European Economic Area (4) (‘the 2014 EEA Enlargement Agreement’), signed on 11 April 2014, amended Article 129(1) of the EEA Agreement to add Croatian to the list of languages of the EEA Agreement.

               (4)

               The rules of procedure of the EEA Joint Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of 8 February 1994 (5) and amended by Decision of the EEA Joint Committee No 24/2005 of 8 February 2005 (6), should therefore be amended accordingly.

               (5)

               The 2014 EEA Enlargement Agreement has been provisionally applicable to its signatories since 12 April 2014, and the corresponding Decision of the EEA Joint Committee should therefore apply provisionally pending the entry into force of the 2014 EEA Enlargement Agreement.

               (6)

               The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decisions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendments to the rules of procedure of the EEA Joint Committee, shall be based on the draft decisions of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 18 December 2017.

            For the Council

            The President

         K. SIMSON

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  OJ L 221, 25.8.2007, p. 15.

      (4)  OJ L 170, 11.6.2014, p. 18.

      (5)  OJ L 85, 30.3.1994, p. 60.

      (6)  OJ L 161, 23.6.2005, p. 54.

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …./2017
      of …
      amending the rules of procedure of the EEA Joint Committee
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 92(3) thereof,
      Whereas:

                  (1)

                  The Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area (1), signed on 25 July 2007, amended Article 129(1) of the EEA Agreement to add Bulgarian and Romanian to the list of languages of the EEA Agreement.

                  (2)

                  The Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area entered into force on 9 November 2011.

                  (3)

                  In the rules of procedure of the EEA Joint Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of 8 February 1994 (2) and amended by Decision of the EEA Joint Committee No 24/2005 of 8 February 2005 (3), Bulgarian and Romanian should be added to the list of languages. Consequently, the list of languages to the rules of procedure of the EEA Joint Committee should therefore be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Decision of the EEA Joint Committee No 1/94 is amended as follows:

                  (1)

                  The text of Article 6(2) is replaced by the following:
                  ‘The texts of the EC acts to be integrated into Annexes to the Agreement in accordance with Article 102(1) are equally authentic in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages as published in the Official Journal of the European Union. They shall be drawn up in the Icelandic and Norwegian languages and shall be authenticated by the EEA Joint Committee together with the relevant decisions referred to in paragraph 1.’;

                  (2)

                  The text of Article 11(1) is replaced by the following:
                  ‘Decisions of the EEA Joint Committee amending Annexes or Protocols to the Agreement shall be published in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages in the EEA Section of the Official Journal of the European Union and in the Icelandic and Norwegian languages in the EEA Supplement thereto.’.

            Article 2
      This Decision shall take effect on the date of its adoption.
      Article 3
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L 221, 25.8.2007, p. 15.

         (2)  OJ L 85, 30.3.1994, p. 60.

         (3)  OJ L 161, 23.6.2005, p. 54.

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …/2017
      of …
      amending the rules of procedure of the EEA Joint Committee
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 92(3) thereof,
      Whereas:

                  (1)

                  The Agreement on the participation of the Republic of Croatia in the European Economic Area (1) (‘the 2014 EEA Enlargement Agreement’) signed on 11 April 2014, shall amend Article 129(1) of the EEA Agreement to add Croatian to the list of languages of the EEA Agreement.

                  (2)

                  In the rules of procedure of the EEA Joint Committee, which were adopted by Decision of the EEA Joint Committee No 1/94 of 8 February 1994 (2), amended by Decision of the EEA Joint Committee No 24/2005 of 8 February 2005 (3), and further amended by Decision of the EEA Joint Committee No […] of […] (4), Croatian should be added to the list of languages. Consequently, the list of languages to the rules of procedure of the EEA Joint Committee should therefore be amended accordingly.

                  (3)

                  The 2014 EEA Enlargement Agreement has been provisionally applicable to its signatories since 12 April 2014, and this Decision shall therefore apply provisionally pending the entry into force of the 2014 EEA Enlargement Agreement,

            HAS ADOPTED THIS DECISION:
      Article 1
      Decision of the EEA Joint Committee No 1/94 is amended as follows:

                  (1)

                  The text of Article 6(2) is replaced by the following:
                  ‘The texts of the EC acts to be integrated into Annexes to the Agreement in accordance with Article 102(1) are equally authentic in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages as published in the Official Journal of the European Union. They shall be drawn up in the Icelandic and Norwegian languages and shall be authenticated by the EEA Joint Committee together with the relevant decisions referred to in paragraph 1.’;

                  (2)

                  The text of Article 11(1) is replaced by the following:
                  ‘Decisions of the EEA Joint Committee amending Annexes or Protocols to the Agreement shall be published in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages in the EEA Section of the Official Journal of the European Union and in the Icelandic and Norwegian languages in the EEA Supplement thereto.’.

            Article 2
      This Decision shall enter into force on […], or on the day of the entry into force of the 2014 EEA Enlargement Agreement, whichever is the later.
      It shall apply provisionally from 12 April 2014.
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L 170, 11.6.2014, p. 18.

         (2)  OJ L 85, 30.3.1994, p. 60.

         (3)  OJ L 161, 23.6.2005, p. 54.

         (4)  OJ L …


title: Commission Decision (EU) 2018/59 of 11 January 2018 amending Decision 2009/300/EC as regards the content, and period of validity, of the ecological criteria for the award of the EU Eco-label to televisions (notified under document C(2018) 6) (Text with EEA relevance. )

text:
                  13.1.2018

                  EN

                  Official Journal of the European Union

                  L 10/17

            COMMISSION DECISION (EU) 2018/59
      of 11 January 2018
      amending Decision 2009/300/EC as regards the content, and period of validity, of the ecological criteria for the award of the EU Eco-label to televisions

            (notified under document C(2018) 6)

      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(2) and (3) thereof,
      After consulting the European Union Ecolabelling Board,
      Whereas:

                  (1)

                  Commission Decision 2009/300/EC (2) establishes specific ecological criteria and assessment and verification requirements for the ‘televisions’ product group.

                  (2)

                  The validity of the current ecological criteria and related assessment and verification requirements set out in Decision 2009/300/EC expires on 31 December 2017.

                  (3)

                  The first criterion set out in Decision 2009/300/EC, which concerns energy savings, is based on the existing energy labelling and eco-design requirements for televisions set by Commission Regulation (EC) No 642/2009 (3). As a consequence, the EU Ecolabel is currently awarded to televisions that are labelled with Energy Class B under the energy labelling scheme for televisions set out in Commission Delegated Regulation (EU) No 1062/2010 (4) (‘the Energy Labelling Scheme’). However, Energy Class B is not the most efficient class sold on the market in the Union. The first criterion in Decision 2009/300/EC therefore needs to be updated to ensure that the EU Ecolabel is awarded to products that are energy efficient.

                  (4)

                  A proposal has been made to replace the existing energy labelling and eco-design requirements for televisions with a new set of requirements by latest in 2019 (5), but the proposal has not yet been adopted. Pending adoption of that proposal, the ‘energy savings’ criterion in Decision 2009/300/EC should be amended to refer to the higher energy classes in the current version of the Energy Labelling Scheme.

                  (5)

                  An assessment has been carried out confirming the relevance and appropriateness of the proposed amendment to the ‘energy savings’ criterion, and also confirming the relevance and appropriateness of all the other existing ecological criteria for televisions and related assessment and verification requirements established by Decision 2009/300/EC. A revision of the ecolabel criteria is envisaged once the proposed new energy labelling and eco-design requirements for televisions are adopted.

                  (6)

                  For the reasons set out in recitals 4 and 5, and in order to allow enough time for revision of the current ecological criteria once the proposed new energy labelling and eco-design requirements are adopted, the period of validity of the existing criteria and related assessment and verification requirements, as amended by this Decision, should be prolonged until 31 December 2019.

                  (7)

                  Decision 2009/300/EC should therefore be amended accordingly.

                  (8)

                  A transitional period should be granted for applications and licences falling under the criteria set out in Decision 2009/300/EC in order to allow licence-holders and applicants sufficient time to adapt to the changes made to the ‘energy savings’ criterion.

                  (9)

                  The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 16 of Regulation (EC) No 66/2010,

            HAS ADOPTED THIS DECISION:
      Article 1
      Article 3 of Decision 2009/300/EC is replaced by the following:

         ‘Article 3
         The ecological criteria for the product group “televisions” and the related assessment and verification requirements shall be valid until 31 December 2019.’.

      Article 2
      The Annex to Decision 2009/300/EC is amended as set out in the Annex to this Decision.
      Article 3
      1.   Applications for the EU Ecolabel for products falling within the product group ‘televisions’ submitted before the date of adoption of this Decision shall be evaluated in accordance with the conditions laid down in the version of Decision 2009/300/EC in force on the day immediately preceding the date of adoption of this Decision (‘the old version of Decision 2009/300/EC’).
      2.   Applications for the EU Ecolabel for products falling within the product group ‘televisions’ submitted within one month from the date of adoption of this Decision may be based either on the criteria set out in the old version of Decision 2009/300/EC or on the criteria set out in the version of that Decision as amended by this Decision.
      3.   EU Ecolabel licences awarded in accordance with the criteria set out in the old version of Decision 2009/300/EC may be used for 6 months from the date of adoption of this Decision.
      Article 4
      This Decision is addressed to the Member States.

         Done at Brussels, 11 January 2018.

               For the Commission

            Karmenu VELLA

               Member of the Commission

         (1)  OJ L 27, 30.1.2010, p. 1.

         (2)  Commission Decision 2009/300/EC of 12 March 2009 establishing the revised ecological criteria for the award of the Community Eco-label to televisions (OJ L 82, 28.3.2009, p. 3).

         (3)  Commission Regulation (EC) No 642/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to eco-design requirements for televisions (OJ L 191, 23.7.2009, p. 42).

         (4)  Commission Delegated Regulation (EU) No 1062/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of televisions (OJ L 314, 30.11.2010, p. 64).

         (5)  COM(2016) 773 final. http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1490877945963&uri=CELEX:52016DC0773

         ANNEX
         In the Annex to Decision 2009/300/EC, criterion 1 (Energy savings) is amended as follows:

                     (1)

                     in point b) (Maximum energy consumption), ‘≤ 200 W’ is replaced by ‘≤ 100 W’;

                     (2)

                     all four paragraphs in point c) (Energy Efficiency) are replaced by the following:
                     ‘Televisions shall meet the specifications of the Energy Efficiency Index set out in Annex I to Commission Delegated Regulation (EU) No 1062/2010 (*1) for the energy efficiency class specified as follows or, alternatively, for a more efficient energy efficiency class:

                                 i.

                                 energy efficiency class A for appliances with a visible screen diagonal ≤ 90 cm (or 35,4 inches);

                                 ii.

                                 energy efficiency class A+ (A for UHD) for appliances with a visible screen diagonal > 90 cm (or 35,4 inches) and < 120 cm (or 47,2 inches);

                                 iii.

                                 energy efficiency class A++ (A+ for UHD) for appliances with a visible screen diagonal ≥ 120 cm (or 47,2 inches).

                           In this point, ‘UHD’ means Ultra High Definition, which is standardised (*2) with two resolutions of 3 840 × 2 160 (UHD-4K) pixels or 7 680 × 4 320 (UHD-8K) pixels.

                        (*1)  Commission Delegated Regulation (EU) No 1062/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of televisions (OJ L 314, 30.11.2010, p. 64)."

                        (*2)  International Telecommunications Union Recommendation (ITU-R) BT.2020.’;"

                     (3)

                     in the section headed ‘Assessment and verification (points a) to c))’:

                                 (a)

                                 the first paragraph is replaced by the following:
                                 ‘The applicant shall submit a test report for the television model(s) covering the test carried out according to EN 50564 standards for meeting the conditions set out in point a) and the tests carried out using the measurement procedures and methods referred to in paragraphs 1 and 2 of Annex VII to Delegated Regulation (EU) No 1062/2010 for meeting the conditions set out in points b) and c). In addition, the energy efficiency class and the visible screen diagonal shall be indicated in the report.’;

                                 (b)

                                 the third paragraph is deleted.