title: Decision (EU) 2018/947 of the European Parliament and of the Council of 4 July 2018 providing further macro-financial assistance to Ukraine

text:
               6.7.2018

               EN

               Official Journal of the European Union

               L 171/11

         DECISION (EU) 2018/947 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 4 July 2018
   providing further macro-financial assistance to Ukraine
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212(2) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Acting in accordance with the ordinary legislative procedure (1),
   Whereas:

               (1)

               Relations between the European Union (the ‘Union’) and Ukraine continue to develop within the framework of the European Neighbourhood Policy (ENP) and the Eastern Partnership. An association agreement between the Union and Ukraine (2) (the ‘Association Agreement’), including a Deep and Comprehensive Free Trade Area (DCFTA), entered into force on 1 September 2017.

               (2)

               In spring 2014, Ukraine embarked on an ambitious reform programme with the aim of stabilising its economy and improving the livelihoods of its citizens. Ukraine and the Union have jointly defined a reform agenda (the ‘Association Agenda’, which was last updated in March 2015). The fight against corruption as well as constitutional, electoral and judicial reforms are among the top priorities on the agenda.

               (3)

               In addition to its political support, the Union pledged a financial package of over EUR 11 billion in March 2014 to support economic stabilisation and reform implementation in Ukraine, including EUR 1,6 billion in macro-financial assistance pursuant to Council Decision 2002/639/EC (3), Decision No 646/2010/EU of the European Parliament and of the Council (4) and Council Decision 2014/215/EU (5). In view of Ukraine's substantial external financing needs, an additional EUR 1,8 billion in macro-financial assistance was made available to Ukraine in April 2015 pursuant to Decision (EU) 2015/601 of the European Parliament and of the Council (6).

               (4)

               Since May 2014, Ukraine has received EUR 2,81 billion in macro-financial assistance from the Union, including EUR 1,2 billion of the EUR 1,8 billion available under Decision (EU) 2015/601. The third and last instalment of EUR 600 million of macro-financial assistance under Decision (EU) 2015/601 was cancelled on 18 January 2018 due to incomplete compliance by Ukraine with the programme of structural reforms attached to that instalment.

               (5)

               On 11 March 2015, the International Monetary Fund (IMF) approved a four-year Extended Fund Facility (EFF) arrangement for Ukraine in the amount of approximately USD 17,5 billion to support the country's economic adjustment and reform programme, of which USD 8,5 billion were disbursed between 2015 and 2017. That IMF financial assistance has been complemented by substantial support from a number of bilateral partners, including the Union, its Member States, the US, Japan and Canada. Other international financial institutions such as the World Bank, the European Bank for Reconstruction and Development and the European Investment Bank have also significantly scaled up their activity to support Ukraine's economic transition.

               (6)

               Following its technical mission of November 2017, the IMF revised its estimates of Ukraine's external financing needs, identifying an additional gap of USD 4,5 billion for 2018 and 2019. Those financing needs go over and above the funding committed so far by the international community, which includes the Union's macro-financial assistance pursuant to Decisions 2002/639/EC, No 646/2010/EU, 2014/215/EU and (EU) 2015/601.

               (7)

               In November 2017, in view of the continued challenging economic and financial situation of Ukraine, the Ukrainian authorities requested additional macro-financial assistance from the Union.

               (8)

               At the EU-Ukraine Association Council which met on 8 December 2017, the Union reaffirmed its support for Ukraine's substantial reform efforts, including financial assistance linked to concrete reform progress.

               (9)

               Given that Ukraine is a country covered by the ENP, it should be considered to be eligible to receive macro-financial assistance from the Union.

               (10)

               The Union's macro-financial assistance should be an exceptional financial instrument of untied and undesignated balance-of-payments support, which aims to address the beneficiary's immediate external financing needs, and should underpin the implementation of a policy programme containing strong immediate adjustment and structural reform measures designed to improve the beneficiary's balance-of-payments position in the short term.

               (11)

               Given that a residual external financing gap remains in Ukraine's balance of payments over and above the resources provided by the IMF and other multilateral institutions, the provision by the Union of macro-financial assistance to Ukraine is, under the current exceptional circumstances, considered to be an appropriate response to Ukraine's request to the Union to support its economic stabilisation, in conjunction with the IMF programme. The Union's macro-financial assistance would support the economic stabilisation and the structural reform agenda of Ukraine, supplementing resources made available under the IMF's financial arrangement.

               (12)

               The Union's macro-financial assistance should aim to support the restoration of a sustainable external financing situation for Ukraine, thereby supporting its economic and social development.

               (13)

               The determination of the amount of the Union's macro-financial assistance is based on a complete quantitative assessment of Ukraine's residual external financing needs, and takes into account its capacity to finance itself with its own resources, in particular the international reserves at its disposal. The Union's macro-financial assistance should complement the programmes and resources provided by the IMF and the World Bank. The determination of the amount of the assistance also takes into account expected financial contributions from bilateral and multilateral donors and the need to ensure fair burden sharing between the Union and other donors, as well as the pre-existing deployment of the Union's other external financing instruments in Ukraine and the added value of the overall Union involvement.

               (14)

               The Commission should ensure that the Union's macro-financial assistance is legally and substantially in accordance with the key principles and objectives of, and the measures taken within, the different areas of external action and other relevant Union policies.

               (15)

               The Union's macro-financial assistance should support the Union's external policy towards Ukraine. Commission services and the European External Action Service should work closely together throughout the macro-financial assistance operation in order to coordinate, and ensure the consistency of, Union external policy.

               (16)

               The Union's macro-financial assistance should support Ukraine's commitment to values shared with the Union, including democracy, the rule of law, good governance, respect for human rights, sustainable development and poverty reduction, as well as its commitment to the principles of open, rule-based and fair trade.

               (17)

               A pre-condition for granting the Union's macro-financial assistance should be that Ukraine respects effective democratic mechanisms – including a multi-party parliamentary system – and the rule of law, and guarantees respect for human rights. In addition, the specific objectives of the Union's macro-financial assistance should strengthen the efficiency, transparency and accountability of the public finance management systems in Ukraine and should promote structural reforms aimed at supporting sustainable and inclusive growth, employment creation and fiscal consolidation. Both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the Commission and the European External Action Service.

               (18)

               In order to ensure that the Union's financial interests linked to the Union's macro-financial assistance are protected efficiently, Ukraine should take appropriate measures relating to the prevention of, and fight against, fraud, corruption and any other irregularities linked to the Union's macro-financial assistance. In addition, provision should be made for the Commission to carry out checks and for the Court of Auditors to carry out audits.

               (19)

               Release of the Union's macro-financial assistance is without prejudice to the powers of the European Parliament and of the Council, as budgetary authority.

               (20)

               The amounts of provisioning required for the Union's macro-financial assistance should be consistent with the budgetary appropriations provided for in the multiannual financial framework.

               (21)

               The Union's macro-financial assistance should be managed by the Commission. In order to ensure that the European Parliament and the Council are able to follow the implementation of this Decision, the Commission should regularly inform them of developments relating to the assistance and provide them with the relevant documents.

               (22)

               In order to ensure uniform conditions for the implementation of this Decision, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (7).

               (23)

               The Union's macro-financial assistance should be subject to economic policy conditions, to be laid down in a Memorandum of Understanding. In order to ensure uniform conditions of implementation and for reasons of efficiency, the Commission should be empowered to negotiate such conditions with the Ukrainian authorities under the supervision of the committee of representatives of the Member States in accordance with Regulation (EU) No 182/2011. Under that Regulation, the advisory procedure should, as a general rule, apply in all cases other than as provided for in that Regulation. Considering the potentially important impact of assistance of more than EUR 90 million, it is appropriate that the examination procedure be used for operations above that threshold. Considering the amount of the Union's macro-financial assistance to Ukraine, the examination procedure should apply to the adoption of the Memorandum of Understanding, and to any reduction, suspension or cancellation of the assistance,

         HAVE ADOPTED THIS DECISION:
   Article 1
   1.   The Union shall make macro-financial assistance of a maximum amount of EUR 1 billion available to Ukraine (the ‘Union's macro-financial assistance’), with a view to supporting Ukraine's economic stabilisation and substantive reform agenda. That assistance shall contribute to covering Ukraine's balance of payments needs as identified in the IMF programme.
   2.   The full amount of the Union's macro-financial assistance shall be provided to Ukraine in the form of loans. The Commission shall be empowered on behalf of the Union to borrow the necessary funds on the capital markets or from financial institutions and to on-lend them to Ukraine. The loans shall have a maximum average maturity of 15 years.
   3.   The release of the Union's macro-financial assistance shall be managed by the Commission in a manner consistent with the agreements or understandings reached between the IMF and Ukraine, and with the key principles and objectives of economic reforms set out in the Association Agreement, including the DCFTA, agreed under the ENP.
   The Commission shall regularly inform the European Parliament and the Council of developments regarding the Union's macro-financial assistance, including disbursements thereof, and shall provide those institutions with the relevant documents in due time.
   4.   The Union's macro-financial assistance shall be made available for a period of two and a half years, starting from the first day after the entry into force of the Memorandum of Understanding referred to in Article 3(1).
   5.   If the financing needs of Ukraine decrease fundamentally during the period of the disbursement of the Union's macro-financial assistance compared to the initial projections, the Commission, acting in accordance with the examination procedure referred to in Article 7(2), shall reduce the amount of the assistance or suspend or cancel it.
   Article 2
   1.   A pre-condition for granting the Union's macro-financial assistance shall be that Ukraine respects effective democratic mechanisms – including a multi-party parliamentary system – and the rule of law, and guarantees respect for human rights.
   2.   The Commission and the European External Action Service shall monitor the fulfilment of the pre-condition set out in paragraph 1 throughout the life-cycle of the Union's macro-financial assistance.
   3.   Paragraphs 1 and 2 shall be applied in accordance with Council Decision 2010/427/EU (8).
   Article 3
   1.   The Commission, in accordance with the examination procedure referred to in Article 7(2), shall agree with the Ukrainian authorities on clearly defined economic policy and financial conditions, focusing on structural reforms and sound public finances, to which the Union's macro-financial assistance is to be subject, to be laid down in a memorandum of understanding (the ‘Memorandum of Understanding’) which shall include a timeframe for the fulfilment of those conditions. The economic policy and financial conditions set out in the Memorandum of Understanding shall be consistent with the agreements or understandings referred to in Article 1(3), including the macroeconomic adjustment and structural reform programmes implemented by Ukraine with the support of the IMF.
   2.   The conditions referred to in paragraph 1 shall aim, in particular, to enhance the efficiency, transparency and accountability of the public finance management systems in Ukraine, including for the use of the Union's macro-financial assistance. Progress in mutual market opening, the development of rule-based and fair trade, and other priorities in the context of the Union's external policy shall also be duly taken into account when designing the policy measures. Progress in attaining those objectives shall be regularly monitored by the Commission.
   3.   The detailed financial terms of the Union's macro-financial assistance shall be laid down in a loan agreement to be concluded between the Commission and the Ukrainian authorities.
   4.   The Commission shall verify, at regular intervals, that the conditions referred to in Article 4(3) continue to be met, including whether the economic policies of Ukraine are in accordance with the objectives of the Union's macro-financial assistance. In so doing, the Commission shall coordinate closely with the IMF and the World Bank, and, where necessary, with the European Parliament and the Council.
   Article 4
   1.   Subject to the conditions referred to in paragraph 3, the Union's macro-financial assistance shall be made available by the Commission in two loan instalments. The size of each instalment shall be laid down in the Memorandum of Understanding.
   2.   The amounts of the Union's macro-financial assistance shall be provisioned, where required, in accordance with Council Regulation (EC, Euratom) No 480/2009 (9).
   3.   The Commission shall decide on the release of the instalments subject to the fulfilment of all of the following conditions:

               (a)

               the pre-condition set out in Article 2(1);

               (b)

               a continuous satisfactory track record of implementing a policy programme that contains strong adjustment and structural reform measures supported by a non-precautionary IMF credit arrangement;

               (c)

               the satisfactory implementation of the economic policy and financial conditions agreed in the Memorandum of Understanding.

         The release of the second instalment shall not, in principle, take place earlier than three months after the release of the first instalment.
   4.   Where the conditions referred to in the first subparagraph of paragraph 3 are not met, the Commission shall temporarily suspend or cancel the disbursement of the Union's macro-financial assistance. In such cases, it shall inform the European Parliament and the Council of the reasons for the suspension or cancellation.
   5.   The Union's macro-financial assistance shall be disbursed to the National Bank of Ukraine. Subject to the provisions to be agreed in the Memorandum of Understanding, including a confirmation of residual budgetary financing needs, the Union funds may be transferred to the Ukrainian Ministry of Finance as the final beneficiary.
   Article 5
   1.   The borrowing and lending operations related to the Union's macro-financial assistance shall be carried out in euro using the same value date and shall not involve the Union in the transformation of maturities, or expose it to any exchange or interest rate risk, or to any other commercial risk.
   2.   Where the circumstances permit, and if Ukraine so requests, the Commission may take the steps necessary to ensure that an early repayment clause is included in the loan terms and conditions and that it is matched by a corresponding clause in the terms and conditions of the borrowing operations.
   3.   Where circumstances permit an improvement of the interest rate of the loan and if Ukraine so requests, the Commission may decide to refinance all or part of its initial borrowings or may restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with paragraphs 1 and 4 and shall not have the effect of extending the maturity of the borrowings concerned or of increasing the amount of capital outstanding at the date of the refinancing or restructuring.
   4.   All costs incurred by the Union which relate to the borrowing and lending operations under this Decision shall be borne by Ukraine.
   5.   The Commission shall inform the European Parliament and the Council of developments in the operations referred to in paragraphs 2 and 3.
   Article 6
   1.   The Union's macro-financial assistance shall be implemented in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (10) and Commission Delegated Regulation (EU) No 1268/2012 (11).
   2.   The Union's macro-financial assistance shall be implemented under direct management.
   3.   The loan agreement referred to in Article 3(3) shall contain provisions:

               (a)

               ensuring that Ukraine regularly checks that financing provided from the budget of the Union has been properly used, takes appropriate measures to prevent irregularities and fraud, and, if necessary, takes legal action to recover any funds provided under this Decision that have been misappropriated;

               (b)

               ensuring the protection of the Union's financial interests, in particular providing for specific measures in relation to the prevention of, and fight against, fraud, corruption and any other irregularities affecting the Union's macro-financial assistance, in accordance with Council Regulations (EC, Euratom) No 2988/95 (12) and (Euratom, EC) No 2185/96 (13) and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (14);

               (c)

               expressly authorising the Commission, including the European Anti-Fraud Office, or its representatives to carry out checks, including on-the-spot checks and inspections;

               (d)

               expressly authorising the Commission and the Court of Auditors to perform audits during and after the availability period of the Union's macro-financial assistance, including document audits and on-the-spot audits, such as operational assessments; and

               (e)

               ensuring that the Union is entitled to early repayment of the loan where it has been established that, in relation to the management of the Union's macro-financial assistance, Ukraine has engaged in any act of fraud or corruption or any other illegal activity detrimental to the financial interests of the Union.

         4.   Before the implementation of the Union's macro-financial assistance, the Commission shall assess, by means of an operational assessment, the soundness of Ukraine's financial arrangements, the administrative procedures, and the internal and external control mechanisms which are relevant to the assistance.
   Article 7
   1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
   2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
   Article 8
   1.   By 30 June of each year, the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Decision in the preceding year, including an evaluation of that implementation. That report shall:

               (a)

               examine the progress made in implementing the Union's macro-financial assistance;

               (b)

               assess the economic situation and prospects of Ukraine, as well as the progress made in implementing the policy measures referred to in Article 3(1);

               (c)

               indicate the connection between the economic policy conditions laid down in the Memorandum of Understanding, Ukraine's ongoing economic and fiscal performance and the Commission's decisions to release the instalments of the Union's macro-financial assistance.

         2.   Not later than two years after the expiry of the availability period referred to in Article 1(4), the Commission shall submit to the European Parliament and to the Council an ex-post evaluation report, assessing the results and efficiency of the completed Union's macro-financial assistance and the extent to which it has contributed to the aims of the assistance.
   Article 9
   This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      Done at Strasbourg, 4 July 2018.

            For the European Parliament

            The President

         A. TAJANI

            For the Council

            The President

         K. EDTSTADLER

      (1)  Position of the European Parliament of 13 June 2018 (not yet published in the Official Journal) and Decision of the Council of 26 June 2018.

      (2)  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 (OJ L 161, 29.5.2014, p. 3).

      (3)  Council Decision 2002/639/EC of 12 July 2002 providing supplementary macro-financial assistance to Ukraine (OJ L 209, 6.8.2002, p. 22).

      (4)  Decision No 646/2010/EU of the European Parliament and of the Council of 7 July 2010 providing macrofinancial assistance to Ukraine (OJ L 179, 14.7.2010, p. 1).

      (5)  Council Decision 2014/215/EU of 14 April 2014 providing macro-financial assistance to Ukraine (OJ L 111, 15.4.2014, p. 85).

      (6)  Decision (EU) 2015/601 of the European Parliament and of the Council of 15 April 2015 providing macro-financial assistance to Ukraine (OJ L 100, 17.4.2015, p. 1).

      (7)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

      (8)  Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).

      (9)  Council Regulation (EC, Euratom) No 480/2009 of 25 May 2009 establishing a Guarantee Fund for external actions (OJ L 145, 10.6.2009, p. 10).

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

      (11)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

      (12)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

      (13)  Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

      (14)  Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

      JOINT STATEMENT BY THE EUROPEAN PARLIAMENT, THE COUNCIL, AND THE COMMISSION
      The Parliament, the Council and the Commission recall that a pre-condition for granting macro-financial assistance is that the beneficiary country respects effective democratic mechanisms – including a multi-party parliamentary system – and the rule of law, and guarantees respect for human rights.
      The Commission and the European External Action Service shall monitor the fulfilment of this pre-condition throughout the life-cycle of the Union's macro-financial assistance.
      In light of the unfulfilled conditions on the fight against corruption and the related cancellation of the third instalment of the previous programme of macro-financial assistance under Decision (EU) 2015/601, the European Parliament, the Council and the Commission underline that further macro-financial assistance will be conditional on progress in the fight against corruption in Ukraine. To that effect, the economic policy and financial conditions of the Memorandum of Understanding to be agreed between the European Union and Ukraine shall include inter alia obligations to strengthen the governance, the administrative capacities and the institutional set-up in particular for the fight against corruption in Ukraine, notably regarding a verification system for asset declarations, the verification of companies' beneficial ownership data and a well-functioning specialised anti-corruption court in line with the recommendations of the Venice Commission. Conditions on combating money laundering and tax avoidance shall also be considered. In line with Article 4(4), where the conditions are not met, the Commission shall temporarily suspend or cancel the disbursement of the macro-financial assistance.
      Further to regularly informing the European Parliament and the Council of developments relating to the assistance and providing them with relevant documents, the Commission shall, upon each disbursement, report publicly on the fulfilment of all economic policy and financial conditions linked to this disbursement, in particular those concerning the fight against corruption.
      The European Parliament, the Council and the Commission recall that this macro-financial assistance to Ukraine shall contribute to values shared with the European Union, including sustainable and socially responsible development leading to employment creation and poverty reduction, and a commitment to a strong civil society. The Commission shall accompany the draft Commission Implementing Decision approving the Memorandum of Understanding with an analysis of the expected social impact of the macro-financial assistance. In accordance with Regulation (EU) No 182/2011 this analysis will be submitted to the Member State Committee and shall be made available to the Parliament and the Council through the register of committee proceedings.


               6.7.2018

               EN

               Official Journal of the European Union

               C 238/409

         P8_TA(2016)0500
   Nomination of a Member of the Court of Auditors — Juhan Parts
   European Parliament decision of 14 December 2016 on the nomination of Juhan Parts as a Member of the Court of Auditors (C8-0445/2016 — 2016/0817(NLE))
   (Consultation)
   (2018/C 238/30)

      The European Parliament,

               —

               having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0445/2016),

               —

               having regard to Rule 121 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0375/2016),

               A.

               whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

               B.

               whereas at its meeting of 5 December 2016 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

               1.

               Delivers a favourable opinion on the Council’s nomination of Juhan Parts as a Member of the Court of Auditors;

               2.

               Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


title: Council Decision (CFSP) 2018/964 of 5 July 2018 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

text:
               9.7.2018

               EN

               Official Journal of the European Union

               L 172/3

         COUNCIL DECISION (CFSP) 2018/964
   of 5 July 2018
   amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine
   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 from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 31 July 2014, the Council adopted Decision 2014/512/CFSP (1).

               (2)

               On 19 March 2015, the European Council agreed that the necessary measures would be taken to clearly link the duration of the restrictive measures to the complete implementation of the Minsk agreements, bearing in mind that the complete implementation was foreseen for 31 December 2015.

               (3)

               On 21 December 2017, the Council renewed Decision 2014/512/CFSP until 31 July 2018 in order to enable it to further assess the implementation of the Minsk agreements (2).

               (4)

               Having assessed the implementation of the Minsk agreements, the Council considers that Decision 2014/512/CFSP should be renewed for a further six months in order to enable the Council to further assess their implementation.

               (5)

               Decision 2014/512/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The first subparagraph of Article 9(1) of Decision 2014/512/CFSP is replaced by the following:

      ‘1.   This Decision shall apply until 31 January 2019.’.

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

      Done at Brussels, 5 July 2018.

            For the Council

            The President

         G. BLÜMEL

      (1)  Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 13).

      (2)  Council Decision (CFSP) 2017/2426 of 21 December 2017 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 343, 22.12.2017, p. 77).


title: Council Decision (EU) 2018/965 of 6 July 2018 on the financial contributions to be paid by Member States to finance the European Development Fund, including the second instalment and a revised annual amount for 2018

text:
               9.7.2018

               EN

               Official Journal of the European Union

               L 172/4

         COUNCIL DECISION (EU) 2018/965
   of 6 July 2018
   on the financial contributions to be paid by Member States to finance the European Development Fund, including the second instalment and a revised annual amount for 2018
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (1), and in particular Article 7 thereof,
   Having regard to Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th European Development Fund (2), and in particular Article 21(3) and (4) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In accordance with the procedure laid down in Article 21(3) of Regulation (EU) 2015/323 (‘the 11th EDF Financial Regulation’), the Commission is to present a proposal by 15 June 2018 specifying the amount of the second instalment of the contribution for 2018 and a revised annual amount of the contribution for 2018, in cases where that annual amount deviates from actual needs.

               (2)

               On 15 April 2018, in accordance with Article 52 of the 11th EDF Financial Regulation, the European Investment Bank (‘EIB’) sent its updated estimates of commitments and payments under the instruments it manages to the Commission.

               (3)

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

               (4)

               On 20 November 2017, the Council adopted Decision (EU) 2017/2171 (3), setting the annual amount of the Member States' EDF contributions for 2018 at EUR 4 550 000 000 for the Commission and at EUR 250 000 000 for the EIB,

         HAS ADOPTED THIS DECISION:
   Article 1
   The individual EDF contributions to be paid by Member States to the Commission and the EIB as the second instalment for 2018 are provided for in the table set out in the Annex.
   Article 2
   The annual amount of the Member States' EDF contributions for 2018 is hereby revised at EUR 4 500 000 000. It shall be divided into EUR 4 250 000 000 for the Commission and EUR 250 000 000 for the EIB.
   Article 3
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 6 July 2018.

            For the Council

            The President

         G. BLÜMEL

      (1)  OJ L 210, 6.8.2013, p. 1.

      (2)  OJ L 58, 3.3.2015, p. 17.

      (3)  Council Decision (EU) 2017/2171 of 20 November 2017 on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2019, the annual amount for 2018, the first instalment for 2018 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2020 and 2021 (OJ L 306, 22.11.2017, p. 21).

      ANNEX

                  MEMBER STATES

                  Key 10th EDF %

                  Key 11th EDF %

                  2nd instalment 2018 (EUR)

                  Total

                  Commission
                  11th EDF

                  EIB
                  10th EDF

                  BELGIUM

                  3,53

                  3,24927

                  42 240 510,00

                  3 530 000,00

                  45 770 510,00

                  BULGARIA

                  0,14

                  0,21853

                  2 840 890,00

                  140 000,00

                  2 980 890,00

                  CZECH REPUBLIC

                  0,51

                  0,79745

                  10 366 850,00

                  510 000,00

                  10 876 850,00

                  DENMARK

                  2,00

                  1,98045

                  25 745 850,00

                  2 000 000,00

                  27 745 850,00

                  GERMANY

                  20,50

                  20,57980

                  267 537 400,00

                  20 500 000,00

                  288 037 400,00

                  ESTONIA

                  0,05

                  0,08635

                  1 122 550,00

                  50 000,00

                  1 172 550,00

                  IRELAND

                  0,91

                  0,94006

                  12 220 780,00

                  910 000,00

                  13 130 780,00

                  GREECE

                  1,47

                  1,50735

                  19 595 550,00

                  1 470 000,00

                  21 065 550,00

                  SPAIN

                  7,85

                  7,93248

                  103 122 240,00

                  7 850 000,00

                  110 972 240,00

                  FRANCE

                  19,55

                  17,81269

                  231 564 970,00

                  19 550 000,00

                  251 114 970,00

                  CROATIA

                  0,00

                  0,22518

                  2 927 340,00

                  0,00

                  2 927 340,00

                  ITALY

                  12,86

                  12,53009

                  162 891 170,00

                  12 860 000,00

                  175 751 170,00

                  CYPRUS

                  0,09

                  0,11162

                  1 451 060,00

                  90 000,00

                  1 541 060,00

                  LATVIA

                  0,07

                  0,11612

                  1 509 560,00

                  70 000,00

                  1 579 560,00

                  LITHUANIA

                  0,12

                  0,18077

                  2 350 010,00

                  120 000,00

                  2 470 010,00

                  LUXEMBOURG

                  0,27

                  0,25509

                  3 316 170,00

                  270 000,00

                  3 586 170,00

                  HUNGARY

                  0,55

                  0,61456

                  7 989 280,00

                  550 000,00

                  8 539 280,00

                  MALTA

                  0,03

                  0,03801

                  494 130,00

                  30 000,00

                  524 130,00

                  NETHERLANDS

                  4,85

                  4,77678

                  62 098 140,00

                  4 850 000,00

                  66 948 140,00

                  AUSTRIA

                  2,41

                  2,39757

                  31 168 410,00

                  2 410 000,00

                  33 578 410,00

                  POLAND

                  1,30

                  2,00734

                  26 095 420,00

                  1 300 000,00

                  27 395 420,00

                  PORTUGAL

                  1,15

                  1,19679

                  15 558 270,00

                  1 150 000,00

                  16 708 270,00

                  ROMANIA

                  0,37

                  0,71815

                  9 335 950,00

                  370 000,00

                  9 705 950,00

                  SLOVENIA

                  0,18

                  0,22452

                  2 918 760,00

                  180 000,00

                  3 098 760,00

                  SLOVAKIA

                  0,21

                  0,37616

                  4 890 080,00

                  210 000,00

                  5 100 080,00

                  FINLAND

                  1,47

                  1,50909

                  19 618 170,00

                  1 470 000,00

                  21 088 170,00

                  SWEDEN

                  2,74

                  2,93911

                  38 208 430,00

                  2 740 000,00

                  40 948 430,00

                  UNITED KINGDOM

                  14,82

                  14,67862

                  190 822 060,00

                  14 820 000,00

                  205 642 060,00

                  TOTAL EU-28

                  100,00

                  100,00

                  1 300 000 000,00

                  100 000 000,00

                  1 400 000 000,00


title: Decision (EU) 2018/1093 of the European Parliament and of the Council of 4 July 2018 on the mobilisation of the European Globalisation Adjustment Fund following an application from France — EGF/2017/009 FR/Air France

text:
                  7.8.2018

                  EN

                  Official Journal of the European Union

                  L 200/44

         DECISION (EU) 2018/1093 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 4 July 2018
         on the mobilisation of the European Globalisation Adjustment Fund following an application from France — EGF/2017/009 FR/Air France
         THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
         Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

                     (2)

                     The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

                     (3)

                     On 23 October 2017, France submitted an application to mobilise the EGF, in respect of redundancies in Air France in France. It was supplemented by additional information provided in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

                     (4)

                     The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 9 894 483 in respect of the application submitted by France.

                     (5)

                     In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption,

               HAVE ADOPTED THIS DECISION:

            Article 1
            For the general budget of the Union for the financial year 2018, the European Globalisation Adjustment Fund shall be mobilised to provide the amount of EUR 9 894 483 in commitment and payment appropriations.

            Article 2
            This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
            It shall apply from 4 July 2018.

            Done at Strasbourg, 4 July 2018.

                  For the European Parliament

                  The President

               A. TAJANI

                  For the Council

                  The President

               K. EDTSTADLER

            (1)  OJ L 347, 20.12.2013, p. 855.

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

            (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


title: Commission Decision of 9 August 2018 setting up the group of experts serving as Steering Board for Union actions on preventing and countering radicalisation

text:
                  10.8.2018

                  EN

                  Official Journal of the European Union

                  C 281/3

         COMMISSION DECISION
         of 9 August 2018
         setting up the group of experts serving as Steering Board for Union actions on preventing and countering radicalisation
         (2018/C 281/03)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Whereas:

                     (1)

                     With a view to enhancing efforts to prevent and counter radicalisation leading to violent extremism and terrorism and to improve coordination and cooperation between all relevant stakeholders, the Commission set up a High-Level Commission Expert Group on radicalisation by Decision C(2017)5149 final of 27 July 2017 (1).

                     (2)

                     In its final report (2) adopted on 18 May 2018, the High-Level Commission Expert Group on radicalisation set out a number of concrete recommendations to contribute to the development and implementation of more targeted and effective measures to prevent and counter radicalisation at Union and Member State level. The recommendations include the establishment of a Union cooperation mechanism to ensure strengthened coordination among policy makers, practitioners and researchers, closer collaboration between the different Union initiatives as well as increased involvement of Member States in advising on the strategic priorities for actions at Union level aimed at supporting Member States in their efforts to prevent and counter radicalisation leading to violent extremism and terrorism.

                     (3)

                     To ensure the closer involvement of Member States, it is therefore necessary to set up an expert group serving as Steering Board for Union actions on preventing and countering radicalisation (‘the Steering Board’) and to define its tasks and its structure.

                     (4)

                     The Steering Board should provide Member States with the opportunity to advise the Commission on strategic orientations ensuring that Union initiatives and instruments in preventing and countering all forms of violent extremism and terrorism are geared towards the needs and requirements of the relevant stakeholders in Member States and priorities at Union level.

                     (5)

                     With a view to gathering the relevant European and national perspectives and expertise, the Steering Board should be composed of high level representatives of the Member States' competent authorities as full members and the European External Action Service (3) and the EU Counter-Terrorism Coordinator (4) as observers in line with their institutional mandates. Rules on disclosure of information by members of the Steering Board should be laid down.

                     (6)

                     Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (5).

                     (7)

                     Decision C(2017)5149 final of 27 July 2017 should be repealed,

               HAS DECIDED AS FOLLOWS:

            Article 1
            Subject matter
            The group of experts serving as Steering Board for Union actions on preventing and countering radicalisation (‘the Steering Board’) is set up.

            Article 2
            Tasks
            The Steering Board shall advise the Commission on:

                        (a)

                        the strategic priorities and orientations in Union cooperation in the area of preventing and countering radicalisation leading to violent extremism and terrorism;

                        (b)

                        possible gaps and scope for improvement in Union cooperation in the area of preventing and countering radicalisation leading to violent extremism and terrorism and the evaluation of measures and mechanisms at Union level.

            Article 3
            Membership

               1.   The Steering Board shall be composed of the Member States' competent authorities.

               2.   The Member States' authorities shall nominate up to two high-level representatives and up to two alternates and shall be responsible for ensuring that their representatives provide a high level of expertise.

            Article 4
            Chair
            The Steering Board shall be chaired by the Director-General or the Deputy Director-General of the Directorate-General for Migration and Home Affairs (‘DG HOME’) of the Commission.

            Article 5
            Operation

               1.   The Steering Board shall act at the request of its chairman in compliance with the Commission's horizontal rules for expert groups (‘the horizontal rules’) (6).

               2.   Meetings of the Steering Board shall, in principle, be held on Commission premises.

               3.   The Steering Board shall meet at least once a year.

               4.   A support and coordination structure within DG HOME shall provide secretarial support to the Steering Board, prepare the work in cooperation with the relevant Commission Directorates-General, inter alia, through the collection of expertise from Member States, researchers and practitioners about developments, trends and need for action, and ensure the appropriate follow-up. Commission officials from the relevant departments with an interest in the proceedings may attend meetings of the Steering Board.

               5.   In agreement with the Chair, the Steering Board may, by simple majority of its members, decide that deliberations shall be public.

               6.   Minutes on the discussion on each point on the agenda and on the opinions delivered by the Steering Board shall be meaningful and complete. Minutes shall be drafted by the support and coordination structure under the responsibility of the Chair.

               7.   The Steering Board shall adopt its opinions, recommendations or reports by consensus. In the event of a vote, the outcome of the vote shall be decided by simple majority of the members. Members who have voted against shall have the right to have a document summarising the reasons for their position annexed to the opinions, recommendations or reports.

            Article 6
            Invited experts
            The Chair may invite experts with specific expertise with respect to a subject matter on the agenda to take part in the work of the Steering Board on an ad hoc basis. Those experts may come from either the private or the public sector.

            Article 7
            Observers

               1.   The EU Counter Terrorism Coordinator and the European External Action Service should be granted an observer status, in compliance with the horizontal rules, by direct invitation from the Chair.

               2.   Upon appointment as observers they shall nominate their representatives.

               3.   Observers and their representatives may be permitted by the Chair to take part in the discussions of the Steering Board and provide expertise. However, they shall not have voting rights and shall not participate in the formulation of recommendations or advice of the Steering Board.

            Article 8
            Rules of procedure
            On a proposal by and in agreement with the Chair, the Steering Board shall adopt its rules of procedure by simple majority of its members, on the basis of the standard rules of procedure for expert groups, in compliance with the horizontal rules (7).

            Article 9
            Professional secrecy and handling of classified information
            The members of the Steering Board and their representatives, as well as invited experts and observers, are subject to the obligations of professional secrecy, which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, as well as to the Commission's rules on security regarding the protection of Union classified information laid down in Commission Decisions (EU, Euratom) 2015/443 (8) and (EU, Euratom) 2015/444 (9). Should they fail to respect these obligations, the Commission may take all appropriate measures.

            Article 10
            Transparency

               1.   The Steering Board shall be registered in the Register of expert groups.

               2.   As concerns the Steering Board composition, the name of the Member States' authorities as well as of the observers shall be published on the Register of expert groups.

               3.   All relevant documents, including the agendas, the minutes and the participants' submissions, shall be made available either on the Register of expert groups or via a link from the Register to a dedicated website, where this information can be found. Access to dedicated websites shall not be submitted to user registration or any other restriction. In particular, the agenda and other relevant background documents shall be published in due time ahead of the meeting, followed by timely publication of minutes. Exceptions to publication shall only be foreseen where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (10).

            Article 11
            Meeting expenses

               1.   Participants in the activities of the Steering Board shall not be remunerated for the services they offer.

               2.   Travel and subsistence expenses incurred by participants in the activities of the Steering Board shall be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the Commission and within the limits of the available appropriations allocated to the Commission departments under the annual procedure for the allocation of resources.

            Article 12
            Decision C(2017)5149 final of 27 July 2017 is repealed.

            Done at Brussels, 9 August 2018.

                  For the Commission

               Dimitris AVRAMOPOULOS

                  Member of the Commission

            (1)  Commission Decision C(2017)5149 final of 27 July 2017 setting-up the High-Level Commission Expert Group on radicalisation (OJ C 252, 3.8.2017, p. 3).

            (2)  http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetail&groupID=3552&NewSearch=1&NewSearch=1

            (3)  Council Decision (2010/427/EU) of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).

            (4)  European Council declaration on combating terrorism, 25 March 2004.

            (5)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

            (6)  Commission Decision C(2016) 3301 final of 30 May 2016 establishing horizontal rules on the creation and operation of Commission expert groups.

            (7)  Article 17 of the horizontal rules.

            (8)  Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

            (9)  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

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


title: Decision (EU) 2018/1148 of the European Central Bank of 10 August 2018 on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic and repealing Decision (EU) 2016/1041 (ECB/2018/21)

text:
                  17.8.2018

                  EN

                  Official Journal of the European Union

                  L 208/91

         DECISION (EU) 2018/1148 OF THE EUROPEAN CENTRAL BANK
         of 10 August 2018
         on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic and repealing Decision (EU) 2016/1041 (ECB/2018/21)
         THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
         Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
         Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1, Article 12.1, Article 18 and the second indent of Article 34.1 thereof,
         Having regard to Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (1) (General Documentation Guideline), and in particular Article 1(4), Titles I, II, IV, V, VI and VIII of Part Four, and Part Six thereof,
         Having regard to Guideline ECB/2014/31 of 9 July 2014 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral and amending Guideline ECB/2007/9 (2), and in particular Articles 1(3) and 6(1) and Article 8 thereof,
         Whereas:

                     (1)

                     Pursuant to Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral.

                     (2)

                     The standard criteria and minimum requirements for credit quality thresholds determining the eligibility of marketable assets as collateral for the purposes of Eurosystem monetary policy operations are laid down in Guideline (EU) 2015/510 (ECB/2014/60) and in particular in Article 59 and in Part Four, Title II thereof.

                     (3)

                     Pursuant to Article 1(4) of Guideline (EU) 2015/510 (ECB/2014/60), the Governing Council may, at any time, change the tools, instruments, requirements, criteria and procedures for the implementation of Eurosystem monetary policy operations. Pursuant to Article 59(6) of Guideline (EU) 2015/510 (ECB/2014/60), the Eurosystem reserves the right to determine whether an issue, issuer, debtor or guarantor fulfils the Eurosystem's credit quality requirements on the basis of any information that the Eurosystem may consider relevant for ensuring adequate risk protection of the Eurosystem.

                     (4)

                     By way of derogation from the Eurosystem's credit quality requirements for marketable assets, Article 8(2) of Guideline ECB/2014/31 provides that the Eurosystem's credit quality thresholds do not apply to marketable debt instruments issued or fully guaranteed by the central governments of euro area Member States under a European Union/International Monetary Fund programme, unless the Governing Council decides that the respective Member State does not comply with the conditionality of the financial support and/or the macroeconomic programme.

                     (5)

                     On 19 August 2015, following the expiry of the preceding European Financial Stability Facility (EFSF) programme of financial support for Greece, the Board of Governors of the European Stability Mechanism (ESM) approved the current three-year financial assistance programme for Greece.

                     (6)

                     The Governing Council assessed the effects of the abovementioned ESM programme for Greece, the continued implementation thereof and the commitment demonstrated by the Greek authorities to fully implement the programme. On the basis of that assessment, the Governing Council considered the Hellenic Republic to be in compliance with the conditionality of the programme. Consequently, on 22 June 2016, the Governing Council adopted Decision (EU) 2016/1041 of the European Central Bank (ECB/2016/18) (3) which restored the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic for Eurosystem monetary policy operations, subject to applying specific haircuts to such instruments, and provided that the Hellenic Republic should be considered a euro area Member State compliant with a European Union/International Monetary Fund programme.

                     (7)

                     Currently, Article 1(3) of Guideline ECB/2014/31 provides that, for the purposes of Article 6(1) and Article 8 of that Guideline, the Hellenic Republic should be considered a euro area Member State compliant with a European Union/International Monetary Fund programme. Moreover, Article 8(3) of that Guideline provides that marketable debt instruments issued or fully guaranteed by the Hellenic Republic are subject to the specific haircuts set out in Annex I to that Guideline.

                     (8)

                     Pursuant to Article 1 of the Financial Assistance Facility Agreement between the European Stability Mechanism, the Hellenic Republic, the Bank of Greece and the Hellenic Financial Stability Fund dated 19 August 2015 (4), the termination date of the current ESM programme is 20 August 2018. Consequently, from 21 August 2018 the Hellenic Republic can no longer be considered a euro area Member State under a European Union/International Monetary Fund programme. As a result, from that date, the conditions for the temporary suspension of the Eurosystem's credit quality thresholds in respect of marketable debt instruments issued or fully guaranteed by the Hellenic Republic, as set out in Article 8(2) of Guideline ECB/2014/31, will no longer be fulfilled.

                     (9)

                     Therefore, the Governing Council has decided that from 21 August 2018 the Eurosystem's standard criteria and credit quality thresholds should apply in respect of marketable debt instruments issued or fully guaranteed by the Hellenic Republic and that such debt instruments will be subject to the standard haircuts set out in Guideline (EU) 2016/65 of the European Central Bank (ECB/2015/35) (5),

               HAS ADOPTED THIS DECISION:

            Article 1
            Eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic

               1.   For the purposes of Articles 1(3) and 6(1) and Article 8 of Guideline ECB/2014/31, the Hellenic Republic shall no longer be considered a euro area Member State under a European Union/International Monetary Fund programme.

               2.   The Eurosystem's minimum requirements for credit quality thresholds, as laid down in Guideline (EU) 2015/510 (ECB/2014/60) and in particular in Article 59 and in Part Four, Title II thereof, shall apply to marketable debt instruments issued or fully guaranteed by the Hellenic Republic.

               3.   Marketable debt instruments issued or fully guaranteed by the Hellenic Republic shall no longer be subject to the specific haircuts set out in Annex I to Guideline ECB/2014/31.

            Article 2
            Repeal
            Decision (EU) 2016/1041 (ECB/2016/18) is hereby repealed.

            Article 3
            Final provisions

               1.   This Decision shall enter into force on 21 August 2018.

               2.   In the event of any discrepancy between this Decision and any of Guideline (EU) 2015/510 (ECB/2014/60) and Guideline ECB/2014/31, as implemented at national level by the national central banks of Member States whose currency is the euro, this Decision shall prevail.

            Done at Frankfurt am Main, 10 August 2018.

                  The President of the ECB

               Mario DRAGHI

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

            (2)  OJ L 240, 13.8.2014, p. 28.

            (3)  Decision (EU) 2016/1041 of the European Central Bank of 22 June 2016 on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic and repealing Decision (EU) 2015/300 (ECB/2016/18) (OJ L 169, 28.6.2016, p. 14).

            (4)  Available on the ESM's website at www.esm.europa.eu

            (5)  Guideline (EU) 2016/65 of the European Central Bank of 18 November 2015 on the valuation haircuts applied in the implementation of the Eurosystem monetary policy framework (ECB/2015/35) (OJ L 14, 21.1.2016, p. 30).


title: Commission Decision of 11/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9074 - TOTAL S.A. / PONT SUR SAMBRE AND TOUL POWER) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                        EUROPEAN COMMISSION

               Brussels, 11.9.2018

               C(2018)  5990  final

                  PUBLIC VERSION

               To the notifying party:

               Subject:Case M.9074 - TOTAL / PONT SUR SAMBRE POWER and TOUL POWER
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
                  1
                and Article 57 of the Agreement on the European Economic Area
                  2

               Dear Sir or Madam,

               1.On 20 August 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Total S.A. ("Total", France) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of the whole of Pont Sur Sambre Power SAS ("PSS Power", France), indirectly controlled by KKR & Co. Inc. ("KKR", USA) and Toul Power SAS ("Toul Power", France), indirectly controlled by KKR & Co. Inc. ("KKR", USA) by way of purchase of shares.
                  3

               2.The business activities of the undertakings concerned are:

               –
                     Total is an international integrated energy producer, engaged in the oil and gas industry, the renewable energy and power generation sectors, the production, trading and supply of electricity, and the trading and supply of gas;

               –
                     PSS Power operates one combined cycle gas turbine ("CCGT") power plant located in the north of France and is active in the electricity and gas sectors;

               –
                     Toul Power operates one CCGT power plant located in the north of France and is active in the electricity and gas sectors.

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

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

               For the Commission

                  (Signed)
               Johannes LAITENBERGER
                  Director-General

                     (1)

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

                     (2)

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

                     (3)

                        Publication in the Official Journal of the European Union No C 300, 27.8.2018, p. 5.

                     (4)

                           OJ C 366, 14.12.2013, p. 5.


title: Council Decision (EU) 2018/1255 of 18 September 2018 appointing three members and four alternate members, proposed by the Slovak Republic, of the Committee of the Regions

text:
                  20.9.2018

                  EN

                  Official Journal of the European Union

                  L 237/9

         COUNCIL DECISION (EU) 2018/1255
         of 18 September 2018
         appointing three members and four alternate members, proposed by the Slovak Republic, of the Committee of the Regions
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
         Having regard to the proposal of the Slovak Government,
         Whereas:

                     (1)

                     On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 17 February 2017, by Council Decision (EU) 2017/312 (4), Mr Radoslav ČUHA was replaced by Mr Miroslav BENKO as an alternate member.

                     (2)

                     Three members' seats on the Committee of the Regions have become vacant following the end of the term of office of Mr Pavol FREŠO, Mr Augustín HAMBÁLEK and Mr István ZACHARIAŠ.

                     (3)

                     Four alternate members' seats on the Committee of the Regions have become vacant following the end of the term of office of Mr Martin BERTA, Mr Tibor MIKUŠ, Mr Miroslav BENKO and Mr Richard TAKÁČ,

               HAS ADOPTED THIS DECISION:

            Article 1
            The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

                        (a)

                        as members:

                                    —

                                    Mr Juraj DROBA, Chairman of Bratislava Self-Governing Region,

                                    —

                                    Mr Rastislav TRNKA, Chairman of Košice Self-Governing Region,

                                    —

                                    Mr József BERÉNYI, Vice-Chairman of Trnava Self-Governing Region;

                        (b)

                        as alternate members:

                                    —

                                    Ms Erika JURINOVÁ, Chairman of Žilina Self-Governing Region,

                                    —

                                    Mr Jaroslav BAŠKA,Chairman of Trenčín Self-Governing Region,

                                    —

                                    Mr Ján BELJAK, Member of Banská Bystrica Regional Parliament,

                                    —

                                    Mr Jozef VISKUPIČ, Chairman of Trnava Self-Governing Region.

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

            Done at Brussels, 18 September 2018.

                  For the Council

                  The President

               G. BLÜMEL

            (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

            (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

            (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

            (4)  Council Decision (EU) 2017/312 of 17 February 2017 appointing two members and two alternate members, proposed by the Slovak Republic, of the Committee of the Regions (OJ L 45, 23.2.2017, p. 12).


title: Council Decision (EU) 2018/1252 of 18 September 2018 on the signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the People's Republic of China in connection with DS492 European Union — Measures affecting Tariff Concessions on Certain Poultry Meat Products

text:
                  20.9.2018

                  EN

                  Official Journal of the European Union

                  L 237/2

         COUNCIL DECISION (EU) 2018/1252
         of 18 September 2018
         on the signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the People's Republic of China in connection with DS492 European Union — Measures affecting Tariff Concessions on Certain Poultry Meat Products
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     On 12 March 2018, the Council authorised the Commission to open negotiations on a mutually agreed solution with China in connection with the WTO dispute settlement proceedings DS492 European Union — Measures affecting Tariff Concessions on Certain Poultry Meat Products.

                     (2)

                     The negotiations have been concluded and an Agreement in the form of an Exchange of Letters between the European Union and China (‘the Agreement’) was initialled on 18 June 2018.

                     (3)

                     The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date,

               HAS ADOPTED THIS DECISION:

            Article 1
            The signing on behalf of the Union of the Agreement in the form of an Exchange of Letters between the European Union and the People's Republic of China in connection with DS492 European Union — Measures affecting Tariff Concessions on Certain Poultry Meat Products is hereby authorised, subject to the conclusion of the said Agreement (1).

            Article 2
            The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

            Article 3
            This Decision shall enter into force on the date of its adoption.

            Done at Brussels, 18 September 2018.

                  For the Council

                  The President

               G. BLÜMEL

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


title: Council Decision of 18 September 2018 adopting the Council’s position on draft amending budget No 5 of the European Union for the financial year 2018

text:
                  20.9.2018

                  EN

                  Official Journal of the European Union

                  C 335/1

         COUNCIL DECISION
         of 18 September 2018
         adopting the Council’s position on draft amending budget No 5 of the European Union for the financial year 2018
         (2018/C 335/01)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
         Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,
         Whereas:

                     —

                     the Union’s budget for the financial year 2018 was definitively adopted on 30 November 2017 (2),

                     —

                     on 10 July 2018, the Commission submitted a proposal containing draft amending budget No 5 to the general budget for the financial year 2018,

               HAS DECIDED AS FOLLOWS:

            Sole Article
            The Council’s position on draft amending budget No 5 of the European Union for the financial year 2018 was adopted on 18 September 2018.
            The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

            Done at Brussels, 18 September 2018.

                  For the Council

                  The President

               G. BLÜMEL

            (1)  OJ L 193, 30.7.2018, p. 1.

            (2)  OJ L 57, 28.2.2018, p. 1.


title: Council Decision (EU) 2018/1279 of 18 September 2018 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems regarding the adoption of its Rules of Procedure

text:
                  24.9.2018

                  EN

                  Official Journal of the European Union

                  L 239/8

         COUNCIL DECISION (EU) 2018/1279
         of 18 September 2018
         on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems regarding the adoption of its Rules of Procedure
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(9) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     The Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems (1) (the ‘Agreement’) was signed on 23 November 2017 in accordance with Council Decision (EU) 2017/2240 (2).

                     (2)

                     Pursuant to Article 22 of the Agreement, before the entry into force of the Agreement, Articles 11 to 13 are to be applied on a provisional basis as from the date of signature of the Agreement.

                     (3)

                     Article 12 of the Agreement establishes a Joint Committee and provides that it is to establish its rules of procedure.

                     (4)

                     It is appropriate to establish the position to be taken on the Union's behalf within the Joint Committee as the Rules of Procedure will determine the functioning of the Joint Committee, which is responsible for administering the Agreement and ensuring its proper implementation,

               HAS ADOPTED THIS DECISION:

            Article 1
            The position to be taken on the Union's behalf within the Joint Committee established by the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems, regarding the adoption of its Rules of Procedure, shall be to support the adoption by the Joint Committee of its Rules of Procedure as set out in the draft Decision of the Joint Committee attached to this Decision.
            Minor changes to the draft Decision may be agreed to by the representatives of the Union within the Joint Committee without a further decision of the Council.

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

            Done at Brussels, 18 September 2018.

                  For the Council

                  The President

               G. BLÜMEL

            (1)  OJ L 322, 7.12.2017, p. 3.

            (2)  Council Decision (EU) 2017/2240 of 10 November 2017 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems (OJ L 322, 7.12.2017, p. 1).

            DRAFT
            DECISION No 1/2018 OF THE JOINT COMMITTEE ESTABLISHED BY THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE SWISS CONFEDERATION ON THE LINKING OF THEIR GREENHOUSE GAS EMISSIONS TRADING SYSTEMS
            of …
            regarding the adoption of its Rules of Procedure
            THE JOINT COMMITTEE,
            Having regard to the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems (1), and in particular Article 12 thereof,
            Whereas:

                        (1)

                        Articles 11 to 13 of the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems (the ‘Agreement’) have been provisionally applied since its signature on 23 November 2017.

                        (2)

                        In accordance with Article 12(1) of the Agreement, a Joint Committee composed of representatives of the Parties is established.

                        (3)

                        In accordance with Article 12(4) of the Agreement, the Joint Committee is to establish its rules of procedure.

                        (4)

                        In accordance with Article 12(5) of the Agreement, the Joint Committee may decide to set up subcommittees or working groups to assist it in its work,

                  HAS ADOPTED THIS DECISION:

               Sole Article
               The Rules of Procedure of the Joint Committee, as set out in the Annex to this Decision, are hereby adopted.

               Done in English at Zurich,

                     For the Joint Committee

                     The Chair

                     Secretary for the European Union

                     Secretary for Switzerland

               (1)  OJ L 322, 7.12.2017, p. 3.

            ANNEX

               RULES OF PROCEDURE OF THE EUROPEAN UNION/SWITZERLAND ETS COMMITTEE (‘THE JOINT COMMITTEE’)

               Article 1
               Composition of the Joint Committee

                  1.   The Joint Committee shall be composed of representatives of the European Commission (‘the Commission’) who act on behalf of the ‘European Union’, on the one side, and representatives of the Swiss Confederation (‘Switzerland’), on the other side. The two sides shall hereinafter be referred to individually as ‘the Party’ or jointly as ‘the Parties’.

                  2.   The representatives of the Parties may be accompanied by other officials acting on behalf of the Parties.

               Article 2
               Chairmanship

                  1.   The chairmanship of the Joint Committee shall alternate between the Parties every 12 months. In the first calender year the chairmanship shall be held by Switzerland.

                  2.   The Party that holds the chairmanship shall appoint the Chair of the Joint Committee, as well as his or her replacement.

                  3.   The Chair directs the work of the Joint Committee.

               Article 3
               Observers
               The Joint Committee may decide by common agreement of the Parties to invite experts, including from the Member States, or representatives of other bodies to attend meetings of the Joint Committee as observers in order to provide information on specific subjects. The Joint Committee shall agree on the terms and conditions under which such observers may attend the meetings.

               Article 4
               Secretariat

                  1.   An official of the European Commission and an official of the government of Switzerland shall act jointly as Secretaries of the Joint Committee.

                  2.   The Secretaries of the Joint Committee shall be responsible for the communication between the Parties, including the transmission of documents.

                  3.   The secretarial functions fall within the responsibility of the Party that holds the chairmanship.

               Article 5
               Meetings of the Joint Committee

                  1.   The Joint Committee shall meet as and when necessary, in principle once a year. The Chair shall convene, after consultation with the Parties, the meeting of the Joint Committee at a mutually agreed time and place. If the Parties so agree, telephone and video conferences may also be held. The Chair shall convene a special session of the Joint Committee at the request of either the European Union or Switzerland. The Joint Committee shall meet within 30 calendar days of a request under Article 12(2) of the Agreement.

                  2.   The Joint Committee shall meet in Brussels or in Switzerland, depending on the Party that holds the chairmanship, unless the Parties agree otherwise.

                  3.   The Chair shall send the notice regarding the convening of the meeting, together with the draft agenda and the documents for the meeting, to the representatives of the Parties at least 30 calendar days before the meeting. Documents for meetings convened in accordance with Article 12(2) of the Agreement shall be sent at least seven calendar days before the meeting.

                  4.   The Chair may, in agreement with the Parties, shorten the time limits indicated in paragraph 3 in order to take account of the requirements of a particular matter.

                  5.   At least seven calendar days before each meeting, the Chair shall be informed of the composition of the delegation of each Party.

                  6.   Meetings of the Joint Committee shall not be public unless the Parties decide otherwise.

               Article 6
               Agenda

                  1.   The Chair, assisted by the Secretaries, shall draw up the provisional agenda for each meeting.

                  2.   Each Party may request that additional items be included in the agenda. Any such request shall be duly substantiated and sent in writing to the Chair at least seven calendar days before the meeting.

                  3.   The Joint Committee shall approve the agenda at the beginning of the meeting.

               Article 7
               Working groups of the Joint Committee

                  1.   The composition and functioning of the working groups or subcommittees to be set up in accordance with Article 12(5) of the Agreement shall be agreed upon by the Joint Committee.

                  2.   The working groups or subcommittees shall apply these Rules of Procedure mutatis mutandis.

                  3.   The working groups or subcommittees shall work under the authority of the Joint Committee, to which they shall report after each of their meetings. They shall not be authorised to take decisions, but may make recommendations to the Joint Committee.

                  4.   The Joint Committee may decide, in accordance with Article 8 of these Rules of Procedure, to amend or to terminate the mandate of the working groups or subcommittees.

               Article 8
               Decisions and recommendations

                  1.   The Joint Committee shall take decisions and draw up recommendations by common agreement of the Parties in accordance with the Agreement. They shall be entitled ‘Decision’ or ‘Recommendation’, followed by a sequential number, the date of adoption and a reference to their subject matter.

                  2.   The decisions and recommendations of the Joint Committee shall be signed by the Chair and the Secretaries and shall be circulated to the Parties.

                  3.   Each Party may decide to publish any decision or recommendation adopted by the Joint Committee in its respective official journal. The Parties shall inform each other of their intention to publish a decision or recommendation.

                  4.   The Joint Committee may adopt its decisions or recommendations by written procedure if the Parties so agree. The written procedure shall consist of an exchange of notes between the Secretaries, acting in agreement with the Parties. For that purpose, the text of the proposal shall be circulated, within a time-limit of no less than 30 calendar days, within which any reservations or amendments shall be made known. The Chair may reduce that time-limit, in consultation with the Parties, in order to take account of special circumstances. Once the text is agreed, the decision or the recommendation shall be signed by the Chair and the Secretaries.

                  5.   Decisions of the Joint Committee that amend the Annexes to the Agreement shall be adopted in the authentic languages of the Agreement.

                  6.   During the provisional application of Articles 11-13 of the Agreement, the Joint Committee may prepare decisions that are necessary for implementing the Agreement. A formal decision of the Joint Committee with a binding effect will only have effects after the entry into force of the Agreement.

               Article 9
               Minutes

                  1.   The Secretariat shall draw up draft minutes of each meeting. The draft shall indicate the decisions taken and the recommendations drawn up. The draft minutes shall be submitted to the Joint Committee for adoption. Once they have been adopted by the Joint Committee, the minutes shall be signed by the Chair and the Secretaries.

                  2.   The draft minutes shall be drawn up within 21 calendar days of the meeting and submitted for approval by the Joint Committee either by written procedure or at the following meeting of the Joint Committee.

               Article 10
               Correspondence
               All correspondence to or from the Chairman of the Joint Committee shall be sent to the Secretariat of the Joint Committee.

               Article 11
               Regular exchange of information and consultation

                  1.   In accordance with Article 10(2) of the Agreement a Party shall notify the other Party about delevopments of its legislation in an area of relevance to this Agreement.

                  2.   To this end, a regular exchange of information and consultation shall take place between the Parties through the Secretaries of the Joint Committee.

               Article 12
               Confidentiality
               Where a Party submits to the Joint Committee information designated as confidential, the other Party shall treat that information as such.

               Article 13
               Expenses
               Each Party shall bear any expenses it incurs in relation to its participation in the meetings of the Joint Committee and of the working groups or subcommittees.

               Article 14
               Amendment
               These Rules of Procedure may be amended by a decision of the Joint Committee in accordance with Article 8.

               Article 15
               Provisional Application
               During the provisional application of Articles 11-13 of the Agreement, these rules of procedure shall apply mutatis mutandis.


title: Commission Decision of 17/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9024 - ABRY PARTNERS / LINK MOBILITY) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels, 17.9.2018
                                                                C(2018) 6099 final
                                                                       PUBLIC VERSION
                                                                To the Notifying Party
Subject:        Case M.9024 - ABRY PARTNERS / LINK
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 24 August 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of the
        Merger Regulation by which Abry Partners II LLC ("Abry Partners", United States)
        acquires within the meaning of Article 3(1)(b) of the Merger Regulation indirect sole
        control over Link Mobility Group ASA ("Link", Norway) by way of a public bid.3
2.      The business activities of the undertakings concerned are:
        −     for Abry Partners: manages private equity funds. The funds managed by Abry hold
              interests in a broad range of businesses focusing on media, communications, business
              and information services;
        −     for Link: active in the mobile communication sector, specializing in mobile messaging
              services, mobile solutions and mobile intelligence, across different industries and
              sectors.
3.      After examination of the notification, the European Commission has concluded that the
        notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3       Publication in the Official Journal of the European Union No C 308, 31.8.2018, p. 6.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    the Commission Notice on a simplified procedure for treatment of certain concentrations
   under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                   For the Commission
                                                   (Signed)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                 2