title: Commission Implementing Decision of 1 July 2011 concerning the financing for the year 2011 of activities in the veterinary field related to the European Union's information policy, support of international organisations, disease notification and computerisation of veterinary procedures

text:
               2.7.2011

               EN

               Official Journal of the European Union

               C 193/3

         COMMISSION IMPLEMENTING DECISION
   of 1 July 2011
   concerning the financing for the year 2011 of activities in the veterinary field related to the European Union's information policy, support of international organisations, disease notification and computerisation of veterinary procedures
   2011/C 193/03
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Articles 20, 23, 35(2), 36(2) and 41 thereof,
   Whereas,

               (1)

               In accordance with Article 75 of the Financial Regulation and Article 90(1) of the Implementing Rules, the commitment of expenditure from the budget of the European Union shall be preceded by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution or the authorities to which powers have been delegated by the institution.

               (2)

               In accordance with Article 110 of the Financial Regulation, an annual work programme must be adopted for grants.

               (3)

               It is necessary to lay down a work programme for the activities of the European Union in the veterinary field related to information policy, support of international organisations, disease notification and computerisation of veterinary procedures.

               (4)

               As the work programme in the annexes is a sufficiently detailed framework in the meaning of Article 90(2) and (3) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the General Budget of the European Communities (2) (hereinafter referred to as the ‘Implementing Rules’), the present decision constitutes a financing decision for the expenditure provided for in the work programme for grants and procurement.

               (5)

               Article 19 of Decision 2009/470/EC rules that the Union shall make a financial contribution to the establishment of an information policy in the field of animal health, animal welfare and food safety in products of animal origin including the performance of studies necessary for the preparation and development of legislation in the field of animal welfare.

               (6)

               Article 19 paragraph (a)(i) of Decision 2009/470/EC provides that the Union shall make a financial contribution to the gathering and storing of all information relating to Union legislation in the field of animal health, animal welfare and food safety in products of animal origin.

               (7)

               Communication activities were put in place in previous years to promote animal health issues and the Animal Health Strategy principles to stakeholders, organisations and society as a whole. It is appropriate that these communication activities continue in 2011.

               (8)

               For the purposes of defining the communication strategy to be adopted from 2012 onwards it is appropriate to conduct a comprehensive evaluation of the Commission's promotion of animal health issues and the Animal Health Strategy from 2008 to 2010.

               (9)

               Pursuant to Article 22 of Decision 2009/470/EC, the Union may undertake, or assist the Member States or international organisations in undertaking, the technical and scientific measures necessary for the development of Union veterinary legislation and for the development of veterinary education or training.

               (10)

               Under Article 168(1)(c) of the Implementing Rules, grants or contributions may be awarded without a call for proposals in the case of bodies with a de facto monopoly. As standard setting body under the WTO/SPS Agreement, and as the intergovernmental organisation responsible for improving animal health and welfare worldwide through the implementation of its standards, the World Organisation for Animal Health (OIE) has a de facto monopoly in this sector, hence a call for proposals is not required in order for the EU to contribute to the organisation of Global Conferences and Regional Seminars on animal health and welfare.

               (11)

               Article 35(1) of Decision 2009/470/EC allows for Union financial assistance for the introduction of systems to identify animals and notify diseases.

               (12)

               A Union financial contribution should be granted for the management of and for improving the Animal Disease Notification System (ADNS), based on Commission Decision 2005/176/EC of 1 March 2005 laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC (3).

               (13)

               Article 36 of Decision 2009/470/EC provides for Union financial contribution for certain computerised systems used in intra Union trade and imports.

               (14)

               It is necessary to continue to provide financial contributions for hosting, management and maintenance of the integrated computerised veterinary system Traces (Trade Control and Expert System) introduced by Commission Decision 2003/24/EC of 30 December 2002 concerning the development of an integrated computerised veterinary system (4).

               (15)

               Article 41 of Decision 2009/470/EC provides for the Commission to submit a report to the Council and Parliament on the animal health situation and the cost effectiveness of the implementation of programmes for the eradication control and monitoring of animal diseases.

               (16)

               This financing decision may also cover the payment of interest due for late payment on the basis of Articles 83 of the Financial Regulation and 106(5) of the Implementing Rules.

               (17)

               For the application of this decision, it is appropriate to define the term ‘substantial change’ within the meaning of Article 90(4) of the Implementing Rules.

               (18)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The annual work programme for the implementation of Articles 20, 23, 35(2), 36(2) and 41 of Decision 2009/470/EC, as set out in Annexes I and II, is hereby adopted.
   The work programme constitutes a financing decision in the meaning of Article 75 of the Financial Regulation.
   Article 2
   The maximum contribution authorised by this Decision for the implementation of the programme is set at EUR 5 370 000 to be financed from the following lines of the General Budget of the European Union for 2011:

               —

               budget line 17040201: EUR 5 370 000.

         These appropriations may also cover interest due for late payment.
   Article 3
   The budget implementation of tasks related to action 1.2.1. in the Annex may be entrusted to the following international organisation, which applies standards which offer guarantees equivalent to internationally accepted standards in its accounting, audit, internal control and procurement procedures: World Organisation for Animal Health (OIE).
   Article 4
   1.   The authorising officer may adopt any changes to this Decision which are not considered substantial within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002, in accordance with the principles of sound financial management and of proportionality.
   2.   Cumulated changes of the allocations to the actions covered by the work programme not exceeding 10 % of the maximum contribution provided for in Article 2 of this Decision shall not be considered to be substantial within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002, provided that they do not significantly affect the nature and objective of the work programme.
   Article 5
   Grants may be awarded without a call for proposals to the World Organisation for Animal Health (OIE) and for the organisation of the the first International Conference on Animal Health Surveillance (ICAHS), in accordance with the conditions detailed in the annexed work programme.

      Done at Brussels, 1 July 2011.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  OJ L 155, 18.6.2009, p. 30.

      (2)  OJ L 357, 31.12.2002, p. 1.

      (3)  OJ L 59, 5.3.2005, p. 40.

      (4)  OJ L 8, 14.1.2003, p. 44.

      ANNEX I

         Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field, and in particular Articles 20, 23, 35(2), 36(2) and 41 thereof — Work Programme for 2011
         1.1.   Introduction

         This programme contains eight implementing measures for the year 2011. On the basis of the objectives given in the Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field, the distribution of budget and the main actions are the following:

                     —

                     for grants (implemented in joint management) (1.2.1):

                                 —

                                 A Union financial contribution, for the organisation of global conferences on aquatic animal health, rabies control and foot-and-mouth disease, and regional seminars on sanitary information systems, animal welfare and animal production food safety, up to a maximum of EUR 660 000.

                     —

                     for procurement (implemented in direct centralised management) (1.3):

                                 —

                                 Use of framework contracts for the publication and dissemination of information to promote animal health issues and the Animal Health Strategy principles up to a maximum of EUR 1 500 000 (1.3.1).

                                 —

                                 Use of framework contracts for studies, publications and the dissemination of information to support the strategy on animal welfare up to a maximum of EUR 575 000 (1.3.2).

                                 —

                                 Use of open calls for studies, publications and the dissemination of information to support the strategy on animal welfare up to a maximum of EUR 210 000 (1.3.3).

                                 —

                                 Use of framework contracts to update the Animal Disease Notification System (ADNS) with the necessary technical improvements up to a maximum of EUR 350 000 (1.3.4).

                                 —

                                 Use of framework contracts to host, maintain and develop the integrated computerised veterinary system TRACES (Trade Control and Expert System) up to a maximum of EUR 1 975 000 (1.3.5).

                                 —

                                 Use of framework contract for the performance of studies to support a report on the animal health situation and the cost-effectiveness of the implementation of programmes for the eradication control and monitoring of animal diseases up to an overall maximum of EUR 100 000 (1.3.6).

               1.2.   Grants

         1.2.1.   Global conferences on aquatic animal health, rabies control and foot-and-mouth disease, and regional seminars on sanitary information systems, animal welfare and animal production food safety

         Contributions shall be covered by a written agreement.
         LEGAL BASIS
         Article 23 of Council Decision 2009/470/EC
         BUDGETARY LINE
         17 04 02 01
         IMPLEMENTING ENTITY
         The World Organisation for Animal Health (OIE) is an intergovernmental organisation responsible for improving animal health worldwide. In order to improve the animal health status worldwide and consequently lower the animal disease risk in the EU, it is important that the EU approach to animal health and welfare be shared with all member countries of the OIE and that the EU actively supports conferences and training seminars organised by the OIE in order to promote the Union's animal health and welfare policy at the occasion.
         Under Article 168(1)(c) of the Implementing Rules, grants or contributions may be awarded without a call for proposals in the case of bodies with a de facto monopoly. As standard setting body under the WTO/SPS Agreement, and as the intergovernmental organisation responsible for improving animal health and welfare worldwide through the implementation of its standards, the OIE has a de facto monopoly in this sector hence a call for proposals is not required in order for the EU to contribute to the organisation of global conferences and regional seminars on animal health and welfare.
         The Commission and the OIE have signed on 7 June 2010 a long-term Framework Agreement laying down the administrative and financial arrangements for their cooperation (here attached), whereby the ‘European Union Contribution Agreement with an International Organisation’ (the ‘Standard Contribution Agreement’ or ‘SCA’) applies to global, regional or national programmes and actions administered by the OIE and financed or co-financed by the European Union.
         This Framework Agreement (FA) was signed by DG AIDCO, in the name of the Commission. A thorough and complete assessment of the OIE had been done previously, through a ‘four-pillar assessment’ that established that the OIE applied, in its accounting, audit, control and procurement procedures, standards that offer guarantees equivalent to internationally accepted standards.
         OBJECTIVES TO BE FULFILLED AND FORESEEN RESULTS
         To share the EU approach to animal health and welfare with all members of the OIE through the promotion of the Union's animal health and welfare policy at the occasion of conferences and training seminars organised by the OIE. Eventually to improve the animal health status worldwide and consequently lower the animal disease risk in the EU.
         DESCRIPTION AND OBJECTIVES OF THE IMPLEMENTING MEASURE
         An overview of the different actions to be financed under this point can be found in Annex II.
         IMPLEMENTATION
         Joint management
         DIRECT AWARD: ARTICLE 168(1)(C)
         INDICATIVE AMOUNT OF THE CONTRIBUTION
         EUR 660 000
         MAXIMUM POSSIBLE RATE OF CO-FINANCING
         Not applicable
         1.3.   Procurement

         The global budgetary envelope reserved in 2011 for the procurement contracts amounts to EUR 4 710 000.
         1.3.1.   Publications and dissemination of information to promote animal health issues and the Animal Health Strategy principles

         LEGAL BASIS
         Article 20 of Decision 2009/470/EC
         BUDGETARY LINE
         17 04 02 01
         INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
         Conclusion of at least four specific service contracts (use of existing framework contracts)
         SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)

                     —

                     To develop the communication campaign for the EU Veterinary Week 2011, in order to promote the Union's Animal Health Policy, including events, logistics and promotional materials.

                     —

                     Evaluation of the impact of 2008-2010 Communication campaigns (including, but not exclusively, the Vet Week Conference, One Health Roadshow, and World Veterinary Year 2011 activities).

                     —

                     Further translation and update of the online handbook on rabies prevention.

                     —

                     Preliminary work in preparation for EU Veterinary Week 2012.

               IMPLEMENTATION
         Direct centralised
         INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
         First half 2011
         INDICATIVE AMOUNT OF THE CALL FOR TENDERS
         EUR 1 500 000
         SPECIFIC CONTRACT (IF APPLICABLE)
         Conclusion of at least four specific service contracts under framework contract reference SANCO/2009/A1/005
         1.3.2.   Study to support ongoing policy on animal welfare and maintenance of existing communication tools (framework contracts)

         LEGAL BASIS
         Articles 20 and 23 of Decision 2009/470/EC
         BUDGETARY LINE
         17 04 02 01
         INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
         A maximum of six service contracts (using a framework contract)
         SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)

                     (a)

                     One study on the welfare of farmed fish;

                     (b)

                     Organisation or co-organisation of a maximum of four events to promote EU animal welfare standards for better implementation within the EU;

                     (c)

                     Maintenance of existing specific animal welfare websites Farmland and Animal Welfare Education;

                     (d)

                     Production of publications on animal welfare.

               IMPLEMENTATION
         Direct centralised
         INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
         July 2011
         INDICATIVE AMOUNT OF THE CALL FOR TENDERS
         EUR 575 000
         SPECIFIC CONTRACTS
         Conclusion of a maximum of five specific service contracts under framework contract reference SANCO/2009/A1/005 lots 1 and 2, and conclusion of one specific service contract under framework contract reference SANCO/2008/01/055, Lot 3
         1.3.3.   Study and event to support ongoing policy on animal welfare (open calls for tender)

         LEGAL BASIS
         Articles 20 and 23 of Decision 2009/470/EC
         BUDGETARY LINE
         17 04 02 01
         INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
         A maximum of two service contracts (open calls for tender)
         SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)

                     (a)

                     One study to support the report on systems restraining bovine animals by inversion or any unnatural position due by Article 27(2) of Regulation (EC) No 1099/2009 on the protection of animals at the time of killing;

                     (b)

                     Co-organisation of a event to promote animal welfare mutual understanding outside the EU.

               IMPLEMENTATION
         Direct centralised
         INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
         July 2011
         INDICATIVE AMOUNT OF THE CALL FOR TENDERS
         EUR 210 000
         SPECIFIC CONTRACTS
         Conclusion of a maximum of three open calls for tender
         1.3.4.   Animal Disease Notification System (ADNS)

         LEGAL BASIS
         Article 35(2) of Council Decision 2009/470/EC
         BUDGETARY LINE
         17 04 02 01
         INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
         A maximum of three service contracts (use of existing framework contracts)
         SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)
         The objective of this procurement contract is:

                     (a)

                     ongoing work on the ADNS system;

                     (b)

                     mapping: improved use of mapping tools;

                     (c)

                     licenses and support.

               IMPLEMENTATION
         Direct centralised
         INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
         Already executed by DIGIT
         INDICATIVE AMOUNT OF THE CALL FOR TENDERS
         EUR 350 000
         SPECIFIC CONTRACT
         Conclusion of a maximum of three specific service contracts (during 2011) under framework contract reference DI 5710-5750
         1.3.5.   The hosting, management, maintenance and further development of the integrated computerised veterinary system TRACES (Trade Control and Expert System)

         LEGAL BASIS
         Article 36(2) of Council Decision 2009/470/EC
         BUDGETARY LINE
         17 04 02 01
         INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
         Several service contracts (use of existing framework contracts)
         SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)

                     (a)

                     EUR 1 925 000 for the hosting, management and maintenance of the integrated computerised veterinary system TRACES (Trade Control and Expert System), logistical support to assist TRACES users, contribution to central services, communication, web site, security and the purchase (maintenance and support) of software licences;

                     (b)

                     EUR 50 000 to develop and implement an informatic platform for the exchange of information between national bovine databases, combined with the certification via TRACES.

               IMPLEMENTATION
         Direct centralised
         INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
         Signed framework contracts for everything except the administrative agreement with DIGIT for the hosting
         INDICATIVE AMOUNT OF THE CALL FOR TENDERS
         EUR 1 975 000 (part of 140 M. Euro ESP DESIS I & II (IT development services by DIGIT))
         SPECIFIC CONTRACT
         Conclusion of several specific service contracts (during the first semester of 2011) under framework contract references DIGIT
         1.3.6.   Performance of studies to support a report on the animal health situation and the cost-effectiveness of the implementation of programmes for the eradication control and monitoring of animal diseases

         LEGAL BASIS
         Article 41 of Council Decision 2009/470/EC
         BUDGETARY LINE
         17 04 02 01
         INDICATIVE NUMBER AND TYPE OF CONTRACTS ENVISAGED
         Two service contracts (use of existing framework contract) OJ L 313, 28.11.2009, p. 129

         SUBJECT OF THE CONTRACTS ENVISAGED (IF POSSIBLE)
         To prepare studies as input towards finalising the report as mentioned in Article 41 of Decision 2009/470/EC
         IMPLEMENTATION
         Direct centralised
         INDICATIVE TIMEFRAME FOR LAUNCHING THE PROCUREMENT PROCEDURE
         Second semester of 2011
         INDICATIVE AMOUNT OF THE CALL FOR TENDERS
         EUR 100 000
         SPECIFIC CONTRACT
         Conclusion of two specific service contracts (during the first semester of 2011) under framework contract reference SANCO/2008/01/055

      ANNEX II

         Summary of the activities to be organised by the OIE in 2011, as referred to in Annex I point 1.2.1

                  Activity

                  Venue

                  Dates (2011)

                  1.

                  Global conferences

                  1.1.

                  Aquatic animal health programmes and their benefit for global food security

                  Panama City
                  (Panama)

                  27-29 June 2011

                  1.2.

                  Rabies control

                  Seoul
                  (Republic of Korea)

                  7-9 September 2011

                  1.3.

                  2nd International Conference on Foot and Mouth Disease: ‘The way towards global control’

                  Thailand

                  First semester of 2012

                  2.

                  Seminars and workshops

                  2.1.

                  Regional seminar of Europe (OIE region) for OIE national focal points for sanitary information systems (WAHIS/WAHID)

                  Vladimir
                  (Russia)

                  15-17 June 2011

                  2.2.

                  Regional seminar of Europe (OIE region) for OIE animal welfare national focal points, linked with the animal welfare strategy for Europe

                  Kiev
                  (Ukraine)

                  Date to be confirmed

                  2.3.

                  Regional seminar of Europe (OIE region) for OIE national focal points for animal production food safety

                  Italy

                  7-11 November 2011


title: 2010/797/EU: Decision No 1/2010 of the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 1 December 2010 regarding the amendment of Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agreement

text:
               22.12.2010

               EN

               Official Journal of the European Union

               L 338/50

         DECISION No 1/2010 OF THE JOINT VETERINARY COMMITTEE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS
   of 1 December 2010
   regarding the amendment of Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agreement
   (2010/797/EU)
   THE JOINT VETERINARY COMMITTEE,
   Having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (hereinafter referred to as ‘the Agriculture Agreement’), and in particular Article 19(3) of Annex 11 thereto,
   Whereas:

               (1)

               The Agriculture Agreement entered into force on 1 June 2002.

               (2)

               Under Article 19(1) of Annex 11 to the Agriculture Agreement the Joint Veterinary Committee is responsible for considering any matter arising in connection with the said Annex and its implementation and for carrying out the tasks provided for therein. Article 19(3) of that Annex authorises the Joint Veterinary Committee to amend the Appendices thereto, in particular with a view to their adaptation and updating.

               (3)

               The Appendices to Annex 11 to the Agriculture Agreement were amended for the first time by Decision No 2/2003 of the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 25 November 2003 amending Appendices 1, 2, 3, 4, 5, 6 and 11 to Annex 11 to the Agreement (1).

               (4)

               The Appendices to Annex 11 to the Agriculture Agreement were last amended by Decision No 1/2008 of the Joint Veterinary Committee set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 23 December 2008 regarding the amendment of Appendices 2, 3, 4, 5, 6 and 10 to Annex 11 to the Agreement (2).

               (5)

               The Swiss Confederation has requested an extension to the previously granted derogation in respect of the Trichinella examination of carcasses and meat of domestic swine kept for fattening and slaughter in low-capacity slaughter establishments. Since such carcasses and meat of domestic swine, as well as meat preparations, meat products and derived processed products thereof, may not be traded with the Member States of the European Union, pursuant to the provisions of Article 9(a) of the Swiss Ordinance on foodstuffs of animal origin issued by the Département Fédéral de l’Intérieur (RS 817.022.108), this request can be complied with. The derogation in question should, therefore, be made applicable until 31 December 2014.

               (6)

               Since the Appendices to Annex 11 to the Agriculture Agreement were last amended, the legislative provisions of Appendices 1, 2, 5, 6 and 10 to Annex 11 to that Agreement have also been amended. The contact points referred to in Appendix 11 to Annex 11 to the Agriculture Agreement should therefore be updated.

               (7)

               It is necessary to adapt the provisions of Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agriculture Agreement accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Appendices 1, 2, 5, 6, 10 and 11 to Annex 11 to the Agriculture Agreement shall be amended in accordance with Annexes I to VI to this Decision.
   Article 2
   This Decision, drawn up in duplicate, shall be signed by the joint chairmen or other persons empowered to act on behalf of the parties.
   Article 3
   This Decision shall enter into force on the date when both parties will have signed it.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Bern, 1 December 2010.

            For the Swiss Confederation

            The Head of Delegation

         Hans WYSS

      Done at Brussels, 1 December 2010.

            For the European Union

            The Head of Delegation

         Paul VAN GELDORP

      (1)  OJ L 23, 28.1.2004, p. 27.

      (2)  OJ L 6, 10.1.2009, p. 89.

      ANNEX I

                  1.

                  Chapter V, ‘Avian influenza’, of Appendix 1 to Annex 11 to the Agriculture Agreement is replaced by the following:
                  ‘V.   Avian influenza

                  A.   LEGISLATION (1)

                              European Union

                              Switzerland

                              Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).

                                          1.

                                          Act of 1 July 1966 on epizootic diseases (LFE; RS 916.40), in particular Articles 1, 1a and 9a (measures against highly contagious epizootic diseases, control objectives) and 57 (technical implementing provisions, international cooperation).

                                          2.

                                          Ordinance on epizootic diseases of 27 June 1995 (OFE; RS 916.401), in particular Articles 2 (highly contagious epizootic diseases), 49 (handling micro-organisms that are pathogenic for animals), 73 and 74 (cleaning and disinfection), 77 to 98 (common provisions concerning highly contagious epizootic diseases), 122 to 125 (specific measures concerning avian influenza).

                                          3.

                                          Ordinance of 14 June 1999 on the organisation of the Département fédéral de l’économie (Org DFE; RS 172.216.1), in particular Article 8 (reference laboratory).

                        B.   SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

                              1.

                              The European Union reference laboratory for avian influenza shall be the Central Veterinary Laboratory, New Haw, Weybridge, Surrey KT15 3NB, United Kingdom. Switzerland shall pay the costs for which it is liable for operations carried out by the laboratory in that capacity. The functions and duties of the laboratory shall be as laid down in Annex VII (2) to Directive 2005/94/EC.

                              2.

                              Pursuant to Article 97 of the Ordinance on epizootic diseases, Switzerland has established a contingency plan, which is published on the website of the Office Vétérinaire Fédéral.

                              3.

                              On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 60 of Directive 2005/94/EC and Article 57 of the Act on epizootic diseases.

                  2.

                  Chapter VII, ‘Diseases affecting fish and molluscs’, of Appendix 1 to Annex 11 to the Agriculture Agreement is replaced by the following:
                  ‘VII.   Diseases affecting fish and molluscs

                  A.   LEGISLATION (2)

                              European Union

                              Switzerland

                              Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, p. 14).

                                          1.

                                          Act of 1 July 1966 on epizootic diseases (LFE; RS 916.40), in particular Articles 1, 1a and 10 (measures against epizootic diseases, control objectives) and 57 (technical implementing provisions, international cooperation).

                                          2.

                                          Ordinance on epizootic diseases of 27 June 1995 (OFE; RS 916.401), in particular Articles 3 and 4 (epizootic diseases concerned), 18a (registration of fish breeding units), 61 (obligations of leasers of fishing rights and of bodies responsible for monitoring fishing), 62 to 76 (general measures for combating disease), 275 to 290 (specific measures relating to fish diseases, diagnostic laboratory).

                        B.   SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

                              1.

                              Flat oyster farming is not currently practised in Switzerland. Should cases of bonamiosis or marteiliosis appear, the Office Vétérinaire Fédéral undertakes to adopt the necessary emergency measures in accordance with European Union rules on the basis of Article 57 of the Act on epizootic diseases.

                              2.

                              With a view to combating diseases affecting fish and molluscs, Switzerland shall apply the Ordinance on epizootic diseases, in particular Articles 61 (obligations of leasers of fishing rights and of bodies responsible for monitoring fishing), 62 to 76 (general measures for combating disease), 275 to 290 (specific measures relating to fish diseases, diagnostic laboratory) and 291 (epizootic diseases to be monitored).

                              3.

                              The European Union reference laboratory for crustacean diseases shall be the Centre for Environment, Fisheries & Aquaculture Science (CEFAS), Weymouth Laboratory, United Kingdom. The European Union reference laboratory for fish diseases shall be the National Veterinary Institute, Technical University of Denmark, Hangøvej 2, 8200 Århus, Denmark. The European Union reference laboratory for mollusc diseases shall be the Laboratoire IFREMER, BP 133, 17390 La Tremblade, France. Switzerland shall pay the costs for which it is liable for operations carried out by the laboratories in the above capacity. The functions and duties of the laboratories shall be as laid down in Part I of Annex VI to Directive 2006/88/EC.

                              4.

                              On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 58 of Directive 2006/88/EC and Article 57 of the Act on epizootic diseases.

         (1)  Unless indicated otherwise, any reference to an act shall mean that act as amended before 1 September 2009.’

         (2)  Unless indicated otherwise, any reference to an act shall mean that act as amended before 1 September 2009.’

      ANNEX II

                  1.

                  Paragraph 7(d) of Part B, ‘Special rules and procedures for implementation’, of Chapter I, ‘Bovine animals and swine’, of Appendix 2 to Annex 11 to the Agriculture Agrement is replaced by the following:

                              ‘(d)

                              isolation shall be terminated when, after the infected animals have been eliminated, two serological examinations of all breeding animals and a representative number of fattening animals carried out at an interval of least 21 days have produced negative results.
                              By virtue of the recognised status of Switzerland, the provisions of Decision 2008/185/EC (OJ L 59, 4.3.2008, p. 19), last amended by Decision 2009/248/EC (OJ L 73, 19.3.2009, p. 22), shall apply mutatis mutandis.’

                  2.

                  Paragraph 11 of Part B, ‘Special rules and procedures for implementation’, of Chapter I, ‘Bovine animals and swine’, of Appendix 2 to Annex 11 to the Agriculture Agreement is replaced by the following:

                              ‘11.

                              Bovine animals and swine traded between the Member States of the European Union and Switzerland shall be accompanied by health certificates in accordance with the models set out in Annex F to Directive 64/432/EEC. The following adaptations shall apply:

                                          —

                                          Model 1: in section C, the certifications are adapted as follows:

                                                      —

                                                      in point 4, relating to the additional guarantees, the following is added to the indents:

                                                                  “—

                                                                  disease: infectious bovine rhinotracheitis,

                                                                  —

                                                                  in accordance with Commission Decision 2004/558/EC, which shall apply mutatis mutandis;”,

                                          —

                                          Model 2: in section C, the certifications are adapted as follows:

                                                      —

                                                      in point 4, relating to the additional guarantees, the following is added to the indents:

                                                                  “—

                                                                  disease: Aujeszky’s,

                                                                  —

                                                                  in accordance with Commission Decision 2008/185/EC, which shall apply mutatis mutandis;” ’

                  3.

                  Paragraph 4 of Part B, ‘Special rules and procedures for implementation’, of Chapter IV, ‘Poultry and hatching eggs’, of Appendix 2 to Annex 11 to the Agriculture Agreement is replaced by the following:

                              ‘4.

                              For consignments of hatching eggs to the European Union, the Swiss authorities undertake to comply with the rules on marking laid down in Commission Regulation (EC) No 617/2008 of 27 June 2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks (OJ L 168, 28.6.2008, p. 5).’

                  4.

                  Chapter V, ‘Aquaculture animals and products’, of Appendix 2 to Annex 11 to the Agriculture Agreement is replaced by the following:
                  ‘V.   Aquaculture animals and products

                  A.   LEGISLATION (1)

                              European Union

                              Switzerland

                              Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, p. 14).

                                          1.

                                          Ordinance on epizootic diseases of 27 June 1995 (OFE; RS 916.401), in particular Articles 3 and 4 (epizootic diseases concerned), 18a (registration of fish breeding units), 61 (obligations of leasers of fishing rights and of bodies responsible for monitoring fishing), 62 to 76 (general measures for combating disease), 275 to 290 (specific measures relating to fish diseases, diagnostic laboratory).

                                          2.

                                          Ordinance of 18 April 2007 on the import, transit and export of animals and animal products (OITE; RS 916.443.10).

                                          3.

                                          Ordinance of 18 April 2007 on the import and transit of animals by air from third countries (OITA; RS 916.443.12).

                        B.   SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

                              1.

                              For the purposes of this Annex, Switzerland is recognised as officially free from infectious salmon anaemia) and infections with Marteilia refringens and Bonamia ostreae.

                              2.

                              The Joint Veterinary Committee shall decide on any application of Articles 29, 40, 41, 43, 44 and 50 of Directive 2006/88/EC.

                              3.

                              The animal health conditions for the placing on the market of ornamental aquatic animals, aquaculture animals intended for farming, including relaying areas, put and take fisheries and open ornamental facilities, and restocking, and aquaculture animals and products thereof intended for human consumption are laid down in Articles 4 to 9 of Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species (OJ L 337, 16.12.2008, p. 41).

                              4.

                              On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 58 of Directive 2006/88/EC and Article 57 of the Act on epizootic diseases.

         (1)  Unless indicated otherwise, any reference to an act shall mean that act as amended before 1 September 2009.’

      ANNEX III
      Part A, ‘Identification of animals’, of Chapter V of Appendix 5 to Annex 11 to the Agriculture Agreement is replaced by the following:

         ‘A.   Identification of livestock

         A.   LEGISLATION (1)

                     European Union

                     Switzerland

                                 1.

                                 Council Directive 2008/71/EC of 15 July 2008 on the identification and registration of pigs (OJ L 213, 8.8.2008, p. 31).

                                 2.

                                 Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).

                                 1.

                                 Ordinance on epizootic diseases of 27 June 1995 (OFE; RS 916.401), in particular Articles 7 to 20 (registration and identification).

                                 2.

                                 Ordinance of 23 November 2005 on the database on animal movements (RS 916.404).

               B.   SPECIAL RULES AND PROCEDURES FOR IMPLEMENTATION

                     (a)

                     The Joint Veterinary Committee shall be responsible for the application of Article 4(2) of Directive 2008/71/EC.

                     (b)

                     On-the-spot inspections shall be carried out under the responsibility of the Joint Veterinary Committee in accordance in particular with Article 22 of Regulation (EC) No 1760/2000, Article 57 of the Act on epizootic diseases and Article 1 of the Ordinance of 14 November 2007 on the coordination of inspections of agricultural holdings (OCI, RS 910.15).

         (1)  Unless indicated otherwise, any reference to an act shall mean that act as amended before 1 September 2009.’

      ANNEX IV

                  1.

                  Paragraph (6) of Section ‘Special conditions’ of Chapter I of Appendix 6 to Annex 11 to the Agriculture Agreement is replaced by the following:

                              ‘(6)

                              The competent authorities of Switzerland may derogate from the Trichinella examination of carcasses and meat of domestic swine kept for fattening and slaughter in low-capacity slaughter establishments.
                              This provision shall apply until 31 December 2014.
                              In application of the provisions of Article 8(3) of the DFE Ordinance of 23 November 2005 on hygiene during the slaughter of livestock (OHyAb; RS 817.190.1) and Article 9(8) of the DFI Ordinance of 23 November 2005 on foodstuffs of animal origin (RS 817.022.108), these carcasses and meat of domestic swine kept for fattening and slaughter as well as meat preparations, meat products and derived processed products thereof shall be marked with a special health stamp in accordance with the model specified in the last subparagraph of Annex 9 to the DFE Ordinance of 23 November 2005 on hygiene during the slaughter of livestock (OhyAb; RS 817.190.1). These products may not be traded with the Member States of the European Union, in accordance with the provisions of Article 9a of the DFI Ordinance on foodstuffs of animal origin (RS 817.022.108).’

                  2.

                  Paragraph (11) of Section ‘Special conditions’ of Chapter I of Appendix 6 to Annex 11 to the Agriculture Agreement is replaced by the following:

                              ‘(11)

                                          1.

                                          Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (OJ L 37, 13.2.1993, p. 1);

                                          2.

                                          Commission Directive 95/45/EC of 26 July 1995 laying down specific purity criteria concerning colours for use in foodstuffs (OJ L 226, 22.9.1995, p. 1);

                                          3.

                                          Regulation (EC) No 2232/96 of the European Parliament and of the Council of 28 October 1996 laying down a Community procedure for flavouring substances used or intended for use in or on foodstuffs (OJ L 299, 23.11.1996, p. 1);

                                          4.

                                          Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of ß-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125, 23.5.1996, p. 3);

                                          5.

                                          Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10);

                                          6.

                                          Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation (OJ L 66, 13.3.1999, p. 16);

                                          7.

                                          Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999 on the establishment of a Community list of foods and food ingredients treated with ionising radiation (OJ L 66, 13.3.1999, p. 24);

                                          8.

                                          Commission Decision 1999/217/EC of 23 February 1999 adopting a register of flavouring substances used in or on foodstuffs drawn up in application of Regulation (EC) No 2232/96 of the European Parliament and of the Council (OJ L 84, 27.3.1999, p. 1);

                                          9.

                                          Commission Decision 2002/840/EC of 23 October 2002 adopting the list of approved facilities in third countries for the irradiation of foods (OJ L 287, 25.10.2002, p. 40);

                                          10.

                                          Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods (OJ L 309, 26.11.2003, p. 1);

                                          11.

                                          Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5);

                                          12.

                                          Commission Regulation (EC) No 884/2007 of 26 July 2007 on emergency measures suspending the use of E 128 Red 2G as food colour (OJ L 195, 27.7.2007, p. 8);

                                          13.

                                          Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 (OJ L 354, 31.12.2008, p. 7);

                                          14.

                                          Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16);

                                          15.

                                          Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34);

                                          16.

                                          Directive 2009/32/EC of the European Parliament and of the Council of 23 April 2009 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (OJ L 141, 6.6.2009, p. 3);

                                          17.

                                          Commission Directive 2008/60/EC of 17 June 2008 laying down specific purity criteria concerning sweeteners for use in foodstuffs (OJ L 158, 18.6.2008, p. 17);

                                          18.

                                          Commission Directive 2008/84/EC of 27 August 2008 laying down specific purity criteria on food additives other than colours and sweeteners (OJ L 253, 20.9.2008, p. 1);

                                          19.

                                          Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 152, 16.6.2009, p. 11).’

      ANNEX V
      Chapter V of Appendix 10 to Annex 11 to the Agriculture Agreement is hereby amended as follows:

                  1.

                  Paragraphs 3, 6, 7, 8, 9 and 14 in Part 1.A are deleted.

                  2.

                  The following paragraphs are added to Part 1.A:

                              ‘31.

                              Commission Directive 2008/60/EC of 17 June 2008 laying down specific purity criteria concerning sweeteners for use in foodstuffs (OJ L 158, 18.6.2008, p. 17).

                              32.

                              Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).

                              33.

                              Commission Directive 2008/84/EC of 27 August 2008 laying down specific purity criteria on food additives other than colours and sweeteners (OJ L 253, 20.9.2008, p. 1).’

      ANNEX VI
      Appendix 11 to Annex 11 to the Agriculture Agreement is replaced by the following:

            ‘Appendix 11

               Contact points

                        1.

                        For the European Union:

                                    The Director

                                    Animal Health and Welfare

                                    Directorate-General for Health and Consumers

                                    European Commission, 1049 Brussels, Belgium

                        2.

                        For Switzerland:

                                    The Director

                                    Office Vétérinaire Fédéral

                                    CH-3003 Berne

                           Other important contact:

                                    Head of Division

                                    Office Fédéral de la Santé Publique

                                    Division sécurité alimentaire

                                    CH-3003 Berne’.


Avis juridique important

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32004D0184

2004/184/EC: Council Decision of 13 January 2004 on the signature and provisional application of an Agreement in the form of an Exchange of Letters between the European Community and the former Yugoslav Republic of Macedonia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria

Official Journal L 057 , 25/02/2004 P. 0022 - 0022

Council Decisionof 13 January 2004on the signature and provisional application of an Agreement in the form of an Exchange of Letters between the European Community and the former Yugoslav Republic of Macedonia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria(2004/184/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 71(1), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission negotiated an Agreement in the form of an Exchange of Letters between the European Community and the former Yugoslav Republic of Macedonia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria.(2) Subject to its conclusion at a later date, the Agreement should be signed.(3) Arrangements should be made for the provisional application of the Agreement from 1 January 2004,HAS DECIDED AS FOLLOWS:Article 1The President of the Council is authorised to designate the person(s) entitled to sign, on behalf of the European Community, the Agreement in the form of an Exchange of Letters between the European Community and the former Yugoslav Republic of Macedonia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria, subject to its conclusion at a later date.The text of the Agreement is attached to this Decision.Article 2The Agreement referred to in Article 1 shall be applied on a provisional basis from 1 January 2004.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 13 January 2004.For the CouncilThe PresidentB. Cowen


title: 2014/668/EU: Council Decision of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols

text:
               20.9.2014

               EN

               Official Journal of the European Union

               L 278/1

         COUNCIL DECISION
   of 23 June 2014
   on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols

      (2014/668/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof, as well as Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 22 January 2007, the Council authorised the Commission to open negotiations with Ukraine for the conclusion of a new agreement between the Union and Ukraine to replace the Partnership and Cooperation Agreement (1).

               (2)

               Taking account of the close historical relationship and progressively closer links between the Parties as well as their desire to strengthen and widen relations in an ambitious and innovative way, the negotiations on the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (hereinafter referred to as ‘the Agreement’) were successfully concluded by the initialling of the Agreement in 2012.

               (3)

               The Agreement should be signed on behalf of the Union and the Final Act attached to this Decision should be approved. The Agreement should be applied in part, on a provisional basis in accordance with Article 486 thereof, pending the completion of the procedures for its conclusion.

               (4)

               The provisional application of parts of the Agreement does not prejudge the allocation of competences between the Union and its Member States in accordance with the Treaties.

               (5)

               This Decision does not concern the provisions of Article 17 of the Agreement, which contains specific obligations relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party, and which provisions fall within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU). The aim and content of those provisions is distinct from and independent of the aim and content of the other provisions of the Agreement to establish an association between the Parties. A separate decision relating to Article 17 of the Agreement will be adopted in parallel with this Decision.

               (6)

               Pursuant to Article 218(7) TFEU, it is appropriate for the Council to authorise the Commission to approve modifications to the Agreement to be adopted by the Association Committee in its Trade configuration pursuant to Article 465(4) of the Agreement, as proposed by the Subcommittee on Geographical Indications pursuant to Article 211 of the Agreement.

               (7)

               It is appropriate to set out the relevant procedures for the protection of geographical indications which are protected pursuant to the Agreement.

               (8)

               The Agreement should not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals.

               (9)

               Following the signature of the Preamble, Article 1, and Titles I, II and VII of the Agreement at the Summit between the Union and its Member States, of the one part, and Ukraine of the other part, held in Brussels on 21 March 2014, the remaining parts of the Agreement should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (hereinafter referred to as ‘the Agreement’) as regards Titles III (with the exception of Article 17), IV, V and VI thereof, as well as the related Annexes and Protocols, is hereby authorised, subject to the conclusion of the said Agreement and in accordance with the Final Act (2).
   Article 2
   1.   The Declaration attached to the Agreement shall be approved on behalf of the Union.
   2.   The Final Act attached to this Decision shall be approved on behalf of the Union.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement and the Final Act on behalf of the Union.
   Article 4
   Pending its entry into force, and in accordance with Article 486 of the Agreement and subject to the notifications provided for therein, the following parts of the Agreement shall be applied on a provisional basis between the Union and Ukraine (3), but only to the extent that they cover matters falling within the Union's competence:

               —

               Title III: Articles 14 and 19,

               —

               Title IV (with the exception of Article 158, to the extent that that Article concerns criminal enforcement of intellectual property rights; and with the exception of Articles 285 and 286, to the extent that those Articles apply to administrative proceedings, review and appeal at Member State level).
               The provisional application of Article 279 shall not affect the sovereign rights of the Member States over their hydrocarbon resources in accordance with international law, including their rights and obligations as Parties to the 1982 United Nations Convention on the Law of the Sea.
               Provisional application of Article 280(3) by the Union shall not affect the existing delineation of competences between the Union and its Member States in respect of the granting of authorisations for the prospection, exploration and production of hydrocarbon,

               —

               Title V: Chapter 1 (with the exception of Article 338(k) and Articles 339 and 342), Chapter 6 (with the exception of Articles 361, Article 362(1)(c), Article 364, and points (a) and (c) of Article 365), Chapter 7 (with the exception of Article 368(3) and points (a) and (d) of Article 369 (4)), Chapters 12 and 17 (with the exception of Article 404(h)), Chapter 18 (with the exception of Article 410(b) and Article 411), Chapters 20, 26 and 28, as well as Articles 353 and 428,

               —

               Title VI,

               —

               Title VII (with the exception of Article 479(1)), to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement in accordance with this Article,

               —

               Annexes I to XXVI, Annex XXVII (with the exception of nuclear issues), Annexes XXVIII to XXXVI (with the exception of point 3 in Annex XXXII),

               —

               Annexes XXXVIII to XLI, Annexes XLIII and XLIV, as well as Protocols I to III.

         Article 5
   For the purposes of Article 211 of the Agreement, modifications to the Agreement through decisions of the Subcommittee on Geographical Indications shall be approved by the Commission on behalf of the Union. Where interested parties cannot reach agreement following objections relating to a geographical indication, the Commission shall adopt a position on the basis of the procedure laid down in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (5).
   Article 6
   1.   A name protected under Subsection 3 ‘Geographical Indications’ of Section 2 of Chapter 9 of Title IV of the Agreement may be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to the corresponding specification.
   2.   In accordance with Article 207 of the Agreement, the Member States and the institutions of the Union shall enforce the protection provided for in Articles 204 to 206 of Title IV of the Agreement, including at the request of an interested party.
   Article 7
   The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts or tribunals.
   Article 8
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 23 June 2014.

            For the Council

            The President

         C. ASHTON

      (1)  Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part (OJ L 49, 19.2.1998, p. 3).

      (2)  The text of the Agreement has been published together with Council Decision 2014/295/EU of 17 March 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the Preamble, Article 1, and Titles I, II, and VII thereof (OJ L 161, 29.5.2014, p. 1).

      (3)  The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      (4)  The reference in point (c) of Article 369 to the ‘development of funding strategies focusing on maintenance, capacity constraints and missing link infrastructure’ does not create any funding obligations on Member States.

      (5)  OJ L 343, 14.12.2012, p. 1.


title: 2008/578/EC: Council Decision of 28 February 2008 relating to the conclusion of an Agreement between the European Community and the Council of Europe on cooperation between the European Union Agency for Fundamental Rights and the Council of Europe

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 186/6

         COUNCIL DECISION
   of 28 February 2008
   relating to the conclusion of an Agreement between the European Community and the Council of Europe on cooperation between the European Union Agency for Fundamental Rights and the Council of Europe
   (2008/578/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 308, in conjunction with the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (1) provides for the establishment of close cooperation between the Agency and the Council of Europe.

               (2)

               The Commission, on behalf of the European Community, has negotiated with the Council of Europe an Agreement between the European Community and the Council of Europe on cooperation between the European Union Agency for Fundamental Rights and the Council of Europe (hereinafter referred to as the Agreement).

               (3)

               Therefore, the Agreement should be signed and approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Council of Europe on cooperation between the European Union Agency for Fundamental Rights and the Council of Europe, as provided for by Article 9 of Council Regulation (EC) No 168/2007, is hereby approved on behalf of the European Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to express the consent of the Community to be bound thereby (2).
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 28 February 2008.

            For the Council

            The President

         D. MATE

      (1)  OJ L 53, 22.2.2007, p. 1.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               15.7.2008

               EN

               Official Journal of the European Union

               L 186/7

         THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   of the one part,
   and
   THE COUNCIL OF EUROPE,
   of the other part,
   hereinafter together referred to as ‘the Parties’,
   WHEREAS, on 15 February 2007, the Council of the European Union adopted Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (hereinafter referred to as ‘the Agency’),
   WHEREAS the objective of the Agency is to provide the relevant institutions, bodies, offices and agencies of the Community and its Member States when implementing Community law with assistance and expertise relating to fundamental rights in order to support them when they take measures or formulate courses of action within their respective spheres of competence to fully respect fundamental rights,
   WHEREAS the Agency is to refer in carrying out its tasks to fundamental rights within the meaning of Article 6(2) of the Treaty on European Union, including the rights and freedoms guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950,
   WHEREAS the Council of Europe has acquired extensive experience and expertise in intergovernmental cooperation and assistance activities in the field of human rights, having also established several human rights monitoring and control mechanisms, as well as the Council of Europe Commissioner for Human Rights,
   WHEREAS, in pursuing its activities, the Agency is to take account, where appropriate, of activities already carried out by the Council of Europe,
   WHEREAS, in order to avoid duplication and to ensure complementarity and added value, the Agency is to coordinate its activities with those of the Council of Europe, particularly with regard to its Annual Work Programme and to cooperation with civil society,
   WHEREAS close links should now be established between the Agency and the Council of Europe in accordance with Article 9 of Regulation (EC) No 168/2007,
   WHERAS the Representatives of the Member States of the European Union, meeting within the European Council on 16 and 17 December 2004, agreed that the Agency will play a major role in enhancing the coherence and consistency of the EU Human Rights Policy,
   WHEREAS the Guidelines on the relations between the Council of Europe and the European Union, adopted at the Third Council of Europe Summit of Heads of State and Government (Warsaw, 16-17 May 2005), refer to the Agency as an opportunity to further increase cooperation with the Council of Europe and to contribute to greater coherence and enhanced complementarity,
   WHEREAS the Memorandum of Understanding between the Council of Europe and the European Union concluded in 23 May 2007 contains a general framework for cooperation in the area of human rights and fundamental freedoms and highlights the role of the Council of Europe as the benchmark for human rights, the rule of law and democracy in Europe,
   WHEREAS, in accordance with the Memorandum of Understanding, the Agency respects the unity, validity and effectiveness of the instruments used by the Council of Europe to monitor the protection of human rights in its Member States,
   WHEREAS it is for the Council of Europe to appoint an independent person to sit on the Agency's Management Board and on its Executive Board,
   HAVE AGREED AS FOLLOWS:
   I.   Use of terms

               1.

               For the purposes of this Agreement:

                           (a)

                           the term ‘Council of Europe intergovernmental committees’ shall mean any committee or body set up by the Committee of Ministers, or with its authorisation, by virtue of Articles 15(a), 16 or 17 of the Council of Europe Statute;

                           (b)

                           the term ‘Council of Europe's human rights monitoring committees’ shall mean the European Committee of Social Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Commission against Racism and Intolerance, the Committee of Experts of the European Charter for Regional or Minority Languages, the Advisory Committee of the Framework Convention for the Protection of National Minorities and any other such independent bodies that the Council of Europe might set up in the future;

                           (c)

                           the term ‘Agency’ shall comprise the bodies referred to in Article 11 of Regulation (EC) No 168/2007 within their respective areas of competence.

         II.   General cooperation framework

               2.

               This Agreement establishes a cooperation framework between the Agency and the Council of Europe in order to avoid duplication and ensure complementarity and added value.

               3.

               Regular contacts shall be established at the appropriate level between the Agency and the Council of Europe. The Director of the Agency and the Council of Europe Secretariat shall each appoint a contact person to deal specifically with matters relating to their cooperation.

               4.

               As a general rule, Council of Europe Secretariat representatives shall be invited by the Agency's Executive Board to attend meetings of the Agency's Management Board as observers. This shall not extend to particular agenda items for which, on account of their internal nature, such attendance would not be justified. Such representatives may also be invited to other meetings organized by the Agency's Management Board, including those referred to in Article 6(1) of Regulation (EC) No 168/2007.

               5.

               Representatives of the Agency shall be invited to attend as observers in meetings of those Council of Europe intergovernmental committees in which the Agency has expressed an interest. Upon invitation by the relevant committee, representatives of the Agency may attend meetings or exchanges of views organised by Council of Europe human rights monitoring committees or committees set up under partial agreements as observers. Representatives of the Agency may also be invited to participate in exchanges of views organized by the Committee of Ministers of the Council of Europe.

               6.

               Cooperation shall cover the whole range of the Agency's activities, both present and future.

         III.   Exchange of information and data

               7.

               Without prejudice to the rules on data protection in force for the Agency and Council of Europe respectively, the Agency and the Council of Europe shall provide each other with information and data collected in the course of their activities, including access to online information. Information and data thus provided may be used by the Agency and the Council of Europe in the course of their respective activities. These provisions do not extend to confidential data and activities produced or undertaken.

               8.

               The Agency shall take due account of the judgments and decisions of the European Court of Human Rights concerning the areas of activity of the Agency and, where relevant, of findings, reports and activities in the human rights field of the Council of Europe's human rights monitoring and intergovernmental committees, as well as those of the Council of Europe's Commissioner for Human Rights.

               9.

               Whenever the Agency uses information taken from Council of Europe sources, it shall indicate the origin and reference thereof. The Council of Europe shall proceed in the same way when using information taken from Agency sources.

               10.

               The Agency and the Council of Europe shall ensure, by means of their networks, the widest possible dissemination of the results of their respective activities on a reciprocal basis.

               11.

               The Agency and the Council of Europe shall ensure regular exchanges of information about activities proposed, under way or completed.

         IV.   Methods of cooperation

               12.

               Regular consultations shall be held between the Agency and the Council of Europe Secretariat, with the aim of coordinating the Agency's activities, in particular in carrying out research and scientific surveys as well as drafting conclusions, opinions and reports, with those of the Council of Europe in order to ensure complementarity and the best possible use of available resources.

               13.

               Such consultations shall notably concern:

                           (a)

                           the preparation of the Agency's Annual Work Programme;

                           (b)

                           the preparation of the Agency's Annual Report on fundamental rights issues covered by the areas of the Agency's activity;

                           (c)

                           cooperation with civil society, in particular association of the Council of Europe with the establishment and functioning of the Agency's Fundamental Rights Platform.

               14.

               On the basis of such consultations, it may be agreed that the Agency and the Council of Europe shall conduct joint and/or complementary activities on subjects of common interest, such as the organisation of conferences or workshops, data collection and analysis or the setting up of shared information sources or products.

               15.

               Cooperation between the Agency and the Council of Europe may be further promoted through grants awarded by the Agency to the Council of Europe. The 2004 Framework Administrative Agreement between the European Commission and the Council of Europe on the application of the financial checks clause to operations administered by the Council of Europe and financed or co-financed by the European Community shall apply.

               16.

               Temporary exchanges of staff between the Agency and the Council of Europe may be effected by agreement between the Secretary General of the Council of Europe and the Director of the Agency insofar as the relevant applicable staff regulations allow.

         V.   Appointment by the Council of Europe of an independent person to sit on the Agency's Management and Executive Boards

               17.

               The Committee of Ministers of the Council of Europe shall appoint an independent person to sit on the Management and Executive Boards of the Agency, together with an alternate member. The Council of Europe appointees shall have appropriate experience in the management of public or private sector organizations and knowledge in the field of fundamental rights.

               18.

               The Council of Europe shall notify the Agency and the European Commission of the appointments made.

               19.

               The person appointed by the Council of Europe to the Management Board shall be invited to participate in the meetings of the Executive Board. His or her views shall be duly taken into account, especially to ensure complementarity and added value between the activities of the Agency and those of the Council of Europe. He or she shall have a right to vote in the Executive Board as regards the preparation of decisions of the Management Board on which he or she may vote in accordance with Article 12(8) of Regulation (EC) No 168/2007.

         VI.   General and final provisions

               20.

               Nothing in this Agreement may be interpreted as preventing the Parties from pursuing their respective activities.

               21.

               This Agreement abrogates and replaces the Agreement of 10 February 1999 between the European Community and the Council of Europe for the purpose of establishing, in accordance with Article 7(3) of Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia, close cooperation between the Centre and the Council of Europe.

               22.

               This Agreement shall enter into force upon signature by the duly authorized representatives of the Parties.

               23.

               This Agreement may be modified by mutual agreement between the Parties. The Parties shall evaluate the implementation of this Agreement not later than 31 December 2013 with a view to revising it if necessary.

      Съставено в Брюксел на осемнадесети юни две хиляди и осма година.
      Hecho en Estrasburgo, el dieciocho de junio de dos mil ocho.
      Ve Štrasburku dne osmnáctého června dva tisíce osm.
      Udfærdiget i Strasbourg den attende juni to tusind og otte.
      Geschehen zu Strassburg am achtzehnten Juni zweitausendacht.
      Kahe tuhande kaheksanda aasta juunikuu kaheksateistkümnendal päeval Strasbourgis.
      'Εγινε στo Στρασβoύργo, στις δέκα οκτώ Ιουνίου δύο χιλιάδες οκτώ.
      Done at Strasbourg on the eighteenth day of June in the year two thousand and eight.
      Fait à Strasbourg, le dix-huit juin deux mille huit.
      Fatto a Strasburgo, addì diciotto giugno duemilaotto.
      Strasbūrā, divtūkstoš astotā gada astoņpadsmitajā jūnijā.
      Priimta du tūkstančiai aštuntų metų birželio aštuonioliktą dieną Strasbūre.
      Kelt Strasbourgban, a kétezer-nyolcadik év június tizennyolcadik napján.
      Magħmul fi Strasburgu, fit-tmintax-il jum ta' Ġunju tas-sena elfejn u tmienja.
      Gedaan te Straatsburg, de achttiende juni tweeduizend acht.
      Sporządzono w Strasburgu dnia osiemnastego czerwca roku dwa tysiące ósmego.
      Încheiat la Strasbourg, la optsprezece iunie două mii opt.
      Feito em Estrasburgo, em dezoito de Junho de dois mil e oito.
      V Štrasburgu dňa osemnásteho júna dvetisícosem.
      V Strasbourgu, dne osemnajstega junija leta dva tisoč osem.
      Tehty Strasbourgissa kahdeksantenatoista päivänä kesäkuuta vuonna kaksituhattakahdeksan.
      Som skedde i Strasbourg den artonde juni tjugohundraåtta.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         За Съвета на Европа
         Por el Consejo de Europa
         Za Radu Evropy
         For Europarådet
         Für den Europarat
         Euroopa Nõukogu nimel
         Για το Συμβούλιο της Ευρώπης
         For the Council of Europe
         Pour le Conseil de l'Europe
         Per il Consiglio d'Europa
         Eiropas Padomes vārdā
         Europos Tarybos vardu
         Az Európa Tanács részéről
         Għall-Kunsill ta' l-Ewropa
         Voor de Raad van Europa
         W imieniu Rady Europy
         Pelo Conselho da Europa
         Pentru Consiliul Europei
         Za Radu Európy
         Za Svet Evrope
         Euroopan neuvoston puolesta
         För Europarådet


title: Decision (EU) 2017/1726 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/331

         DECISION (EU) 2017/1726 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European GNSS Agency for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European GNSS Agency for the financial year 2015, together with the Agency's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0066/2017),

               —

               having regard to Article 319 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 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European Parliament and of the Council (4), and in particular Article 14 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0148/2017),

               1.

               Grants the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European GNSS Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 214.

      (2)  See footnote 1.

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

      (4)  OJ L 276, 20.10.2010, p. 11.

      (5)  OJ L 328, 7.12.2013, p. 42.


title: Council Decision (CFSP) 2015/1336 of 31 July 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               1.8.2015

               EN

               Official Journal of the European Union

               L 206/66

         COUNCIL DECISION (CFSP) 2015/1336
   of 31 July 2015
   amending Decision 2010/413/CFSP concerning restrictive measures against Iran
   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 26 July 2010, the Council adopted Decision 2010/413/CFSP (1) concerning restrictive measures against Iran.

               (2)

               On 24 November 2013, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy (‘High Representative’), reached an agreement with Iran on a Joint Plan of Action which sets out an approach towards reaching a long-term comprehensive solution to the Iranian nuclear issue. It was agreed that the process leading to this comprehensive solution would include, as a first step, initial mutually-agreed measures to be taken by both sides for a duration of six months and renewable by mutual consent.

               (3)

               On 2 April 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative, agreed the key parameters of a Joint Comprehensive Plan of Action (JCPOA) with Iran.

               (4)

               On 14 July 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative, reached an agreement with Iran on a long-term comprehensive solution to the Iranian nuclear issue. The successful implementation of the JCPOA will ensure the exclusively peaceful nature of the Iranian nuclear programme, and provide for the comprehensive lifting of all nuclear-related sanctions.

               (5)

               On 20 July 2015, the United Nations Security Council adopted Resolution (UNSCR) 2231 (2015) endorsing the JCPOA, urging its full implementation on the timetable established in the JCPOA and providing for actions to take place in accordance with the JCPOA.

               (6)

               UNSCR 2231 (2015) provides that the measures imposed in resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008) and 1929 (2010) shall not apply, under certain conditions, to activities by JCPOA participant States or UN Member States acting in coordination with them directly related to the modification of two cascades at the Fordow facility for stable isotope production, the export of Iran's enriched uranium in excess of 300 kilograms in return for natural uranium, or the modernisation of the Arak reactor based on the agreed conceptual design and, subsequently, on the agreed final design of such reactor.

               (7)

               UNSCR 2231 (2015) further provides that the measures imposed in UNSCRs 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008) and 1929 (2010) shall not apply to the extent necessary to carry out, under certain conditions, transfers and activities that are related to implementation of certain nuclear-related commitments specified in the JCPOA, required for preparation for the implementation of the JCPOA, or determined by the UN Security Council Committee established pursuant to UNSCR 1737 (2006) to be consistent with the objectives of UNSCR 2231 (2015).

               (8)

               Further action by the Union is needed in order to implement certain measures provided for in this Decision.

               (9)

               Decision 2010/413/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Decision 2010/413/CFSP, the following article is inserted:

      ‘Article 26b
      1.   The measures imposed by this Decision shall not apply to the supply, sale, or transfer of items, materials, equipment, goods and technology, or the provision of any related technical assistance, training, financial assistance, investment, brokering or other services, by the participant States to the Joint Comprehensive Plan of Action (JCPOA) or UN Member States acting in coordination with them, that is directly related to:

                  (a)

                  the modification of two cascades at the Fordow facility for stable isotope production;

                  (b)

                  the export of Iran's enriched uranium in excess of 300 kilograms in return for natural uranium; or

                  (c)

                  the modernisation of the Arak reactor based on the agreed conceptual design and, subsequently, on the agreed final design of such reactor.

            2.   Member States engaging in the activities referred to in paragraph 1 shall ensure that:

                  (a)

                  all such activities are undertaken strictly in accordance with the JCPOA;

                  (b)

                  they notify the Committee and, when constituted in accordance with the JCPOA, the Joint Commission, or the other Member States, as appropriate, 10 days in advance of such activities;

                  (c)

                  the requirements, as appropriate, specified in subparagraph 22(c) of UNSCR 2231 (2015) have been met;

                  (d)

                  they have obtained and are in a position to exercise effectively a right to verify the end-use and end-use location of any supplied item; and

                  (e)

                  in case of supplied items, materials, equipment, goods and technology specified in subparagraph 22(e) of UNSCR 2231 (2015), they also notify the IAEA within 10 days of the supply, sale or transfers.

            3.   The measures imposed by this Decision shall not apply to the extent necessary to carry out transfers and activities, as approved on a case-by-case basis in advance by the Committee or the competent authority in the relevant Member State, as appropriate, that are:

                  (a)

                  directly related to the implementation of the nuclear-related actions specified in paragraphs 15.1 to 15.11 of Annex V to the JCPOA;

                  (b)

                  required for preparation for the implementation of the JCPOA; or

                  (c)

                  determined by the Committee, as appropriate, to be consistent with the objectives of UNSCR 2231 (2015).

            The relevant Member State shall inform the other Member States of any approval.’.

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

      Done at Brussels, 31 July 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).


title: Council Decision 2014/74/CFSP of 10 February 2014 amending Decision 2013/255/CFSP concerning restrictive measures against Syria

text:
               11.2.2014

               EN

               Official Journal of the European Union

               L 40/63

         COUNCIL DECISION 2014/74/CFSP
   of 10 February 2014
   amending Decision 2013/255/CFSP concerning restrictive measures against Syria
   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 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1),
   Whereas:

               (1)

               On 31 May 2013, the Council adopted Decision 2013/255/CFSP.

               (2)

               It is necessary to introduce in Decision 2013/255/CFSP an exemption from the asset freeze to allow the release of funds and economic resources of the Central Bank of Syria and of Syrian State-owned entities in order to make payments on behalf of the Syrian Arab Republic to the Organization for the Prohibition of Chemical Weapons (OPCW) for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons, and in particular to the OPCW Syrian Special Trust Fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic.

               (3)

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

               (4)

               Decision 2013/255/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 28(3) of Decision 2013/255/CFSP, the following point is added:

               ‘(h)

               intended for the Central Bank of Syria or Syrian State-owned entities, as listed in Annex I and II, to make payments on behalf of the Syrian Arab Republic to the OPCW for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons, and in particular to the OPCW Syrian Special Trust Fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic.’.

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

      Done at Brussels, 10 February 2014.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 147, 1.6.2013, p. 14.