# Official Journal C 95/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 95 |
| | |
| English edition | Information and Notices | Volume 571 April 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 95

English edition

Information and Notices

Volume 571 April 2014

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INTERINSTITUTIONAL AGREEMENTS |
| 2014/C 095/01 | Interinstitutional Agreement of 12 March 2014 between the European Parliament and the Council concerning the forwarding to and handling by the European Parliament of classified information held by the Council on matters other than those in the area of the common foreign and security policy | 1 |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 095/02 | Non-opposition to a notified concentration (Case COMP/M.7158 — GlencoreXstrata/Sumitomo/Clermont JV) (
  1
  ) | 8 |
| 2014/C 095/03 | Non-opposition to a notified concentration (Case COMP/M.7107 — Cordes & Graefe/Pompac/Comafranc) (
  1
  ) | 9 |

Notice No

Contents

page

II   Information

INTERINSTITUTIONAL AGREEMENTS

2014/C 095/01

Interinstitutional Agreement of 12 March 2014 between the European Parliament and the Council concerning the forwarding to and handling by the European Parliament of classified information held by the Council on matters other than those in the area of the common foreign and security policy

1

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 095/02

Non-opposition to a notified concentration (Case COMP/M.7158 — GlencoreXstrata/Sumitomo/Clermont JV) (
  1
  )

1

8

2014/C 095/03

Non-opposition to a notified concentration (Case COMP/M.7107 — Cordes & Graefe/Pompac/Comafranc) (
  1
  )

1

9

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 095/04 | Euro exchange rates | 10 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 095/04

Euro exchange rates

10

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| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | European Commission |
| 2014/C 095/05 | Notice for the attention of Malik Muhammad Ishaq who was added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, by virtue of Commission Regulation (EU) No 329/2014 | 11 |

V   Announcements

OTHER ACTS

European Commission

2014/C 095/05

Notice for the attention of Malik Muhammad Ishaq who was added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, by virtue of Commission Regulation (EU) No 329/2014

11

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| | Corrigenda |
| --- | --- |
| 2014/C 095/06 | Corrigendum to Commission Decision of 11 February 2014 on the list of public holidays for 2015 for the institutions of the European Union ( OJ C 44, 15.2.2014 ) | 13 |

Corrigenda

2014/C 095/06

Corrigendum to Commission Decision of 11 February 2014 on the list of public holidays for 2015 for the institutions of the European Union ( OJ C 44, 15.2.2014 )

13

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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II Information

INTERINSTITUTIONAL AGREEMENTS

| 1.4.2014 | EN | Official Journal of the European Union | C 95/1 |
| --- | --- | --- | --- |

1.4.2014

EN

Official Journal of the European Union

C 95/1

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INTERINSTITUTIONAL AGREEMENT

of 12 March 2014

between the European Parliament and the Council concerning the forwarding to and handling by the European Parliament of classified information held by the Council on matters other than those in the area of the common foreign and security policy

(2014/C 95/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL,

Whereas:

| (1) | Article 14(1) of the Treaty on European Union (TEU) provides that the European Parliament jointly with the Council, is to exercise legislative and budgetary functions and that it is to exercise functions of political control and consultation as laid down in the Treaties. |
| --- | --- |

(1)

Article 14(1) of the Treaty on European Union (TEU) provides that the European Parliament jointly with the Council, is to exercise legislative and budgetary functions and that it is to exercise functions of political control and consultation as laid down in the Treaties.

| (2) | Article 13(2) TEU provides that each institution is to act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. That provision also stipulates that the institutions are to practice mutual sincere cooperation. Article 295 of the Treaty on the Functioning of the European Union (TFEU) provides that the European Parliament and the Council, inter alia, are to make arrangements for their cooperation and that, to that end, they may, in compliance with the Treaties, conclude interinstitutional agreements which may be of a binding nature. |
| --- | --- |

(2)

Article 13(2) TEU provides that each institution is to act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. That provision also stipulates that the institutions are to practice mutual sincere cooperation. Article 295 of the Treaty on the Functioning of the European Union (TFEU) provides that the European Parliament and the Council, inter alia, are to make arrangements for their cooperation and that, to that end, they may, in compliance with the Treaties, conclude interinstitutional agreements which may be of a binding nature.

| (3) | The Treaties and, as appropriate, other relevant provisions provide that either in the context of a special legislative procedure or under other decision-making procedures, the Council is to consult or obtain the consent of the European Parliament before adopting a legal act. The Treaties also provide that, in certain cases, the European Parliament is to be informed about the progress or the results of a given procedure or be involved in the evaluation or the scrutiny of certain Union agencies. |
| --- | --- |

(3)

The Treaties and, as appropriate, other relevant provisions provide that either in the context of a special legislative procedure or under other decision-making procedures, the Council is to consult or obtain the consent of the European Parliament before adopting a legal act. The Treaties also provide that, in certain cases, the European Parliament is to be informed about the progress or the results of a given procedure or be involved in the evaluation or the scrutiny of certain Union agencies.

| (4) | In particular, Article 218(6) TFEU provides that, except where an international agreement relates exclusively to the common foreign and security policy, the Council is to adopt the decision concluding the agreement in question after obtaining the consent of or consulting the European Parliament; all such international agreements which do not relate exclusively to the common foreign and security policy are therefore covered by this Interinstitutional Agreement. |
| --- | --- |

(4)

In particular, Article 218(6) TFEU provides that, except where an international agreement relates exclusively to the common foreign and security policy, the Council is to adopt the decision concluding the agreement in question after obtaining the consent of or consulting the European Parliament; all such international agreements which do not relate exclusively to the common foreign and security policy are therefore covered by this Interinstitutional Agreement.

| (5) | Article 218(10) of the TFEU provides that the European Parliament is to be immediately and fully informed at all stages of the procedure; that provision also applies to agreements relating to the common foreign and security policy. |
| --- | --- |

(5)

Article 218(10) of the TFEU provides that the European Parliament is to be immediately and fully informed at all stages of the procedure; that provision also applies to agreements relating to the common foreign and security policy.

| (6) | In cases where implementation of the Treaties and, as appropriate, other relevant provisions would require access by the European Parliament to classified information held by the Council, appropriate arrangements governing such access should be agreed upon between the European Parliament and the Council. |
| --- | --- |

(6)

In cases where implementation of the Treaties and, as appropriate, other relevant provisions would require access by the European Parliament to classified information held by the Council, appropriate arrangements governing such access should be agreed upon between the European Parliament and the Council.

| (7) | Where the Council decides to grant the European Parliament access to classified information held by the Council in the area of the common foreign and security policy, it either takes ad hoc decisions to that effect or uses the Interinstitutional Agreement of 20 November 2002 between the European Parliament and the Council concerning access by the European Parliament to sensitive information of the Council in the field of security and defence policy (1) (hereinafter ‘the Interinstitutional Agreement of 20 November 2002’), as appropriate. |
| --- | --- |

(7)

Where the Council decides to grant the European Parliament access to classified information held by the Council in the area of the common foreign and security policy, it either takes ad hoc decisions to that effect or uses the Interinstitutional Agreement of 20 November 2002 between the European Parliament and the Council concerning access by the European Parliament to sensitive information of the Council in the field of security and defence policy (1) (hereinafter ‘the Interinstitutional Agreement of 20 November 2002’), as appropriate.

| (8) | The Declaration by the High Representative on political accountability (2), made upon the adoption of Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (3), states that the High Representative will review and where necessary propose to adjust the existing provisions on access for Members of the European Parliament to classified documents and information in the field of security and defence policy (i.e. the Interinstitutional Agreement of 20 November 2002). |
| --- | --- |

(8)

The Declaration by the High Representative on political accountability (2), made upon the adoption of Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (3), states that the High Representative will review and where necessary propose to adjust the existing provisions on access for Members of the European Parliament to classified documents and information in the field of security and defence policy (i.e. the Interinstitutional Agreement of 20 November 2002).

| (9) | It is important that the European Parliament be associated with the principles, standards and rules for protecting classified information which are necessary in order to protect the interests of the European Union and of the Member States. Moreover, the European Parliament will be in a position to provide classified information to the Council. |
| --- | --- |

(9)

It is important that the European Parliament be associated with the principles, standards and rules for protecting classified information which are necessary in order to protect the interests of the European Union and of the Member States. Moreover, the European Parliament will be in a position to provide classified information to the Council.

| (10) | On 31 March 2011 the Council adopted Decision 2011/292/EU on the security rules for protecting EU classified information (4) (hereinafter ‘the Council’s security rules’). |
| --- | --- |

(10)

On 31 March 2011 the Council adopted Decision 2011/292/EU on the security rules for protecting EU classified information (4) (hereinafter ‘the Council’s security rules’).

| (11) | On 6 June 2011, the Bureau of the European Parliament adopted a Decision concerning the rules governing the treatment of confidential information by the European Parliament (5) (hereinafter ‘the European Parliament’s security rules’). |
| --- | --- |

(11)

On 6 June 2011, the Bureau of the European Parliament adopted a Decision concerning the rules governing the treatment of confidential information by the European Parliament (5) (hereinafter ‘the European Parliament’s security rules’).

| (12) | The security rules of Union institutions, bodies, offices or agencies should together constitute a comprehensive and coherent general framework within the European Union for protecting classified information, and should ensure equivalence of basic principles and minimum standards. The basic principles and minimum standards laid down in the European Parliament’s security rules and in the Council’s security rules should accordingly be equivalent. |
| --- | --- |

(12)

The security rules of Union institutions, bodies, offices or agencies should together constitute a comprehensive and coherent general framework within the European Union for protecting classified information, and should ensure equivalence of basic principles and minimum standards. The basic principles and minimum standards laid down in the European Parliament’s security rules and in the Council’s security rules should accordingly be equivalent.

| (13) | The level of protection afforded to classified information under the European Parliament’s security rules should be equivalent to that afforded to classified information under the Council’s security rules. |
| --- | --- |

(13)

The level of protection afforded to classified information under the European Parliament’s security rules should be equivalent to that afforded to classified information under the Council’s security rules.

| (14) | The relevant services of the European Parliament’s Secretariat and of the General Secretariat of the Council will cooperate closely to ensure that equivalent levels of protection are applied to classified information in both institutions. |
| --- | --- |

(14)

The relevant services of the European Parliament’s Secretariat and of the General Secretariat of the Council will cooperate closely to ensure that equivalent levels of protection are applied to classified information in both institutions.

| (15) | This Agreement is without prejudice to existing and future rules on access to documents adopted in accordance with Article 15(3) TFEU; rules on the protection of personal data adopted in accordance with Article 16(2) TFEU; rules on the European Parliament’s right of inquiry adopted in accordance with third paragraph of Article 226 TFEU; and relevant provisions relating to the European Anti-Fraud Office (OLAF), |
| --- | --- |

(15)

This Agreement is without prejudice to existing and future rules on access to documents adopted in accordance with Article 15(3) TFEU; rules on the protection of personal data adopted in accordance with Article 16(2) TFEU; rules on the European Parliament’s right of inquiry adopted in accordance with third paragraph of Article 226 TFEU; and relevant provisions relating to the European Anti-Fraud Office (OLAF),

HAVE AGREED AS FOLLOWS:

Article 1

Purpose and scope

This Agreement sets out arrangements governing the forwarding to and handling by the European Parliament of classified information held by the Council, on matters other than those in the area of the common foreign and security policy, which is relevant in order for the European Parliament to exercise its powers and functions. It concerns all such matters, namely:

| (a) | proposals subject to a special legislative procedure or to another decision-making procedure under which the European Parliament is to be consulted or is required to give its consent; |
| --- | --- |

(a)

proposals subject to a special legislative procedure or to another decision-making procedure under which the European Parliament is to be consulted or is required to give its consent;

| (b) | international agreements on which the European Parliament is to be consulted or is required to give its consent pursuant to Article 218(6) TFEU; |
| --- | --- |

(b)

international agreements on which the European Parliament is to be consulted or is required to give its consent pursuant to Article 218(6) TFEU;

| (c) | negotiating directives for international agreements referred to in point (b); |
| --- | --- |

(c)

negotiating directives for international agreements referred to in point (b);

| (d) | activities, evaluation reports or other documents on which the European Parliament is to be informed; and |
| --- | --- |

(d)

activities, evaluation reports or other documents on which the European Parliament is to be informed; and

| (e) | documents on the activities of those Union agencies in the evaluation or scrutiny of which the European Parliament is to be involved. |
| --- | --- |

(e)

documents on the activities of those Union agencies in the evaluation or scrutiny of which the European Parliament is to be involved.

Article 2

Definition of ‘classified information’

For the purposes of this Agreement, ‘classified information’ shall mean any or all of the following:

| (a) | ‘EU classified information’ (EUCI) as defined in the European Parliament’s security rules and in the Council’s security rules and bearing one of the following security classification markings:






  — | RESTREINT UE/EU RESTRICTED, |
| --- | --- | --- |

(a)

‘EU classified information’ (EUCI) as defined in the European Parliament’s security rules and in the Council’s security rules and bearing one of the following security classification markings:

—

RESTREINT UE/EU RESTRICTED,

| — | CONFIDENTIEL UE/EU CONFIDENTIAL, |
| --- | --- |

—

CONFIDENTIEL UE/EU CONFIDENTIAL,

| — | SECRET UE/EU SECRET, |
| --- | --- |

—

SECRET UE/EU SECRET,

| — | TRÈS SECRET UE/EU TOP SECRET; |
| --- | --- |

—

TRÈS SECRET UE/EU TOP SECRET;

| (b) | classified information provided to the Council by Member States and bearing a national security classification marking equivalent to one of the security classification markings used for EUCI listed in point (a); |
| --- | --- |

(b)

classified information provided to the Council by Member States and bearing a national security classification marking equivalent to one of the security classification markings used for EUCI listed in point (a);

| (c) | classified information provided to the European Union by third States or international organisations which bears a security classification marking equivalent to one of the security classification markings used for EUCI listed in point (a), as provided for in the relevant security of information agreements or administrative arrangements. |
| --- | --- |

(c)

classified information provided to the European Union by third States or international organisations which bears a security classification marking equivalent to one of the security classification markings used for EUCI listed in point (a), as provided for in the relevant security of information agreements or administrative arrangements.

Article 3

Protection of classified information

1.   The European Parliament shall protect, in accordance with its security rules and with this Agreement, any classified information provided to it by the Council.

2.   As equivalence is to be maintained between the basic principles and minimum standards for protecting classified information laid down by the European Parliament and by the Council in their respective security rules, the European Parliament shall ensure that the security measures in place in its premises afford a level of protection to classified information equivalent to that afforded to such information on Council premises. The relevant services of the European Parliament and the Council shall cooperate closely to that effect.

3.   The European Parliament shall take the appropriate measures to ensure that classified information provided to it by the Council shall not:

| (a) | be used for purposes other than those for which access was provided; |
| --- | --- |

(a)

be used for purposes other than those for which access was provided;

| (b) | be disclosed to persons other than those to whom access has been granted in accordance with Articles 4 and 5, or made public; |
| --- | --- |

(b)

be disclosed to persons other than those to whom access has been granted in accordance with Articles 4 and 5, or made public;

| (c) | be released to other Union institutions, bodies, offices or agencies, or to Member States, third States or international organisations without the prior written consent of the Council. |
| --- | --- |

(c)

be released to other Union institutions, bodies, offices or agencies, or to Member States, third States or international organisations without the prior written consent of the Council.

4.   The Council may grant the European Parliament access to classified information which originates in other Union institutions, bodies, offices or agencies, or in Member States, third States or international organisations only with the prior written consent of the originator.

Article 4

Personnel security

1.   Access to classified information shall be granted to Members of the European Parliament in accordance with Article 5(4).

2.   Where the information concerned is classified at the level CONFIDENTIEL UE/EU CONFIDENTIAL, SECRET UE/EU SECRET or TRÈS SECRET UE/EU TOP SECRET or its equivalent, access may be granted only to Members of the European Parliament authorised by the President of the European Parliament:

| (a) | who have been security-cleared in accordance with the European Parliament’s security rules; or |
| --- | --- |

(a)

who have been security-cleared in accordance with the European Parliament’s security rules; or

| (b) | for whom notification has been made by a competent national authority that they are duly authorised by virtue of their functions in accordance with national laws and regulations. |
| --- | --- |

(b)

for whom notification has been made by a competent national authority that they are duly authorised by virtue of their functions in accordance with national laws and regulations.

Notwithstanding the first subparagraph, where the information concerned is classified at the level CONFIDENTIEL UE/EU CONFIDENTIAL or its equivalent, access may also be granted to those Members of the European Parliament determined in accordance with Article 5(4) who have signed a solemn declaration of non-disclosure in accordance with the European Parliament’s security rules. The Council shall be informed of the names of the Members of the European Parliament granted access under this subparagraph.

3.   Before being granted access to classified information, Members of the European Parliament shall be briefed on and acknowledge their responsibilities to protect such information in accordance with the European Parliament’s security rules, and briefed on the means of ensuring such protection.

4.   Access to classified information shall be granted only to those officials of the European Parliament and other Parliament employees working for political groups who:

| (a) | have been designated in advance as having a need-to-know by the relevant parliamentary body or office-holder determined in accordance with Article 5(4); |
| --- | --- |

(a)

have been designated in advance as having a need-to-know by the relevant parliamentary body or office-holder determined in accordance with Article 5(4);

| (b) | have been security-cleared to the appropriate level in accordance with the European Parliament’s security rules where the information is classified at the level CONFIDENTIEL UE/EU CONFIDENTIAL, SECRET UE/EU SECRET or TRÈS SECRET UE/EU TOP SECRET or its equivalent; and |
| --- | --- |

(b)

have been security-cleared to the appropriate level in accordance with the European Parliament’s security rules where the information is classified at the level CONFIDENTIEL UE/EU CONFIDENTIAL, SECRET UE/EU SECRET or TRÈS SECRET UE/EU TOP SECRET or its equivalent; and

| (c) | have been briefed and received written instructions on their responsibilities for protecting such information as well as on the means of ensuring such protection, and have signed a declaration acknowledging receipt of those instructions and undertaking to comply with them in accordance with the European Parliament’s security rules. |
| --- | --- |

(c)

have been briefed and received written instructions on their responsibilities for protecting such information as well as on the means of ensuring such protection, and have signed a declaration acknowledging receipt of those instructions and undertaking to comply with them in accordance with the European Parliament’s security rules.

Article 5

Procedure for accessing classified information

1.   The Council shall provide classified information as referred to in Article 1 to the European Parliament where it is under a legal obligation to do so pursuant to the Treaties or to legal acts adopted on the basis of the Treaties. The parliamentary bodies or office‐holders referred to in paragraph 3 may also present a written request for such information.

2.   In other cases, the Council may provide classified information as referred to in Article 1 to the European Parliament either at its own initiative or on written request from one of the parliamentary bodies or office-holders referred to in paragraph 3.

3.   The following parliamentary bodies or office-holders may present written requests to the Council:

| (a) | the President; |
| --- | --- |

(a)

the President;

| (b) | the Conference of Presidents; |
| --- | --- |

(b)

the Conference of Presidents;

| (c) | the Bureau; |
| --- | --- |

(c)

the Bureau;

| (d) | the chair(s) of the committee(s) concerned; |
| --- | --- |

(d)

the chair(s) of the committee(s) concerned;

| (e) | the rapporteur(s) concerned. |
| --- | --- |

(e)

the rapporteur(s) concerned.

Requests from other Members of the European Parliament shall be made via one of the parliamentary bodies or office-holders referred to in the first subparagraph.

The Council shall respond to such requests without delay.

4.   Where the Council is under a legal obligation to, or has decided to, grant the European Parliament access to classified information, it shall determine the following in writing before that information is forwarded, together with the relevant body or office‐holder as listed in paragraph 3:

| (a) | that such access may be granted to one or more of the following:






  (i) | the President; |
| --- | --- | --- |

(a)

that such access may be granted to one or more of the following:

(i)

the President;

| (ii) | the Conference of Presidents; |
| --- | --- |

(ii)

the Conference of Presidents;

| (iii) | the Bureau; |
| --- | --- |

(iii)

the Bureau;

| (iv) | the chair(s) of the committee(s) concerned; |
| --- | --- |

(iv)

the chair(s) of the committee(s) concerned;

| (v) | the rapporteur(s) concerned; |
| --- | --- |

(v)

the rapporteur(s) concerned;

| (vi) | all or certain members of the committee(s) concerned; and |
| --- | --- |

(vi)

all or certain members of the committee(s) concerned; and

| (b) | any specific handling arrangements for protecting such information. |
| --- | --- |

(b)

any specific handling arrangements for protecting such information.

Article 6

Registration, storage, consultation and discussionof classified information in the European Parliament

1.   Classified information provided by the Council to the European Parliament, where it is classified at the level CONFIDENTIEL UE/EU CONFIDENTIAL, SECRET UE/EU SECRET or TRÈS SECRET UE/EU TOP SECRET or its equivalent:

| (a) | shall be registered for security purposes to record its life-cycle and ensure its traceability at all times; |
| --- | --- |

(a)

shall be registered for security purposes to record its life-cycle and ensure its traceability at all times;

| (b) | shall be stored in a secure area which meets the minimum standards of physical security laid down in the Council’s security rules and the European Parliament’s security rules, which shall be equivalent; and |
| --- | --- |

(b)

shall be stored in a secure area which meets the minimum standards of physical security laid down in the Council’s security rules and the European Parliament’s security rules, which shall be equivalent; and

| (c) | may be consulted by the relevant Members of the European Parliament, officials of the European Parliament and other Parliament employees working for political groups referred to in Article 4(4) and Article 5(4) only in a secure reading room within the European Parliament’s premises. In this case, the following conditions shall apply:






  (i) | the information shall not be copied by any means, such as photocopying or photographing; |
| --- | --- | --- |

(c)

may be consulted by the relevant Members of the European Parliament, officials of the European Parliament and other Parliament employees working for political groups referred to in Article 4(4) and Article 5(4) only in a secure reading room within the European Parliament’s premises. In this case, the following conditions shall apply:

(i)

the information shall not be copied by any means, such as photocopying or photographing;

| (ii) | no notes shall be taken; and |
| --- | --- |

(ii)

no notes shall be taken; and

| (iii) | no electronic communication devices may be taken into the room. |
| --- | --- |

(iii)

no electronic communication devices may be taken into the room.

2.   Classified information provided by the Council to the European Parliament, where it is classified at the level RESTREINT UE/EU RESTRICTED or its equivalent, shall be handled and stored in accordance with the European Parliament’s security rules which shall afford a level of protection for such classified information equivalent to that of the Council.

Notwithstanding the first subparagraph, for a period of 12 months following the entry into force of this Agreement, information classified at the level RESTREINT UE/EU RESTRICTED or its equivalent shall be handled and stored in accordance with paragraph 1. Access to such classified information shall be governed by points (a) and (c) of Article 4(4) and by Article 5(4).

3.   Classified information may be handled only on communication and information systems which have been duly accredited or approved in accordance with standards equivalent to those laid down in the Council’s security rules.

4.   Classified information provided orally to recipients in the European Parliament shall be subject to the equivalent level of protection as that afforded to classified information in written form.

5.   Notwithstanding point (c) of paragraph 1 of this Article, information classified up to the level of CONFIDENTIEL UE/EU CONFIDENTIAL or its equivalent provided by the Council to the European Parliament may be discussed at meetings held in camera and attended only by Members of the European Parliament and those officials of the European Parliament and other Parliament employees working for political groups who have been granted access to the information in accordance with Article 4(4) and Article 5(4). The following conditions shall apply:

| — | documents shall be distributed at the beginning of the meeting and collected again at the end, |
| --- | --- |

—

documents shall be distributed at the beginning of the meeting and collected again at the end,

| — | documents shall not be copied by any means, such as photocopying or photographing, |
| --- | --- |

—

documents shall not be copied by any means, such as photocopying or photographing,

| — | no notes shall be taken, |
| --- | --- |

—

no notes shall be taken,

| — | no electronic communication devices may be taken into the room, and |
| --- | --- |

—

no electronic communication devices may be taken into the room, and

| — | the minutes of the meeting shall make no mention of the discussion of the item containing classified information. |
| --- | --- |

—

the minutes of the meeting shall make no mention of the discussion of the item containing classified information.

6.   Where meetings are necessary to discuss information classified at the level SECRET UE/EU SECRET or TRÈS SECRET UE/EU TOP SECRET or its equivalent, specific arrangements shall be agreed on a case-by-case basis between the European Parliament and the Council.

Article 7

Breach of security, loss or compromise of classified information

1.   In the case of a proven or suspected loss or compromise of classified information provided by the Council, the Secretary-General of the European Parliament shall immediately inform the Secretary-General of the Council thereof. The Secretary-General of the European Parliament shall conduct an investigation and shall inform the Secretary‐General of the Council of the results of the investigation and of measures taken to prevent a recurrence. Where a Member of the European Parliament is concerned, the President of the European Parliament shall act together with the Secretary-General of the European Parliament.

2.   Any Member of the European Parliament who is responsible for a breach of the provisions laid down in the European Parliament’s security rules or in this Agreement may be liable to measures and penalties in accordance with Rules 9(2) and 152 to 154 of the European Parliament’s Rules of Procedure.

3.   Any official of the European Parliament or other Parliament employee working for a political group who is responsible for a breach of the provisions laid down in the European Parliament’s security rules or in this Agreement may be liable to the penalties set out in the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (6).

4.   Persons responsible for losing or compromising classified information may be liable to disciplinary and/or legal action in accordance with the applicable laws, rules and regulations.

Article 8

Final provisions

1.   The European Parliament and the Council, each for its own part, shall take all necessary measures to ensure implementation of this Agreement. They shall cooperate to that effect, in particular by organising visits to monitor the implementation of the security‐technical aspects of this Agreement.

2.   The relevant services of the European Parliament’s Secretariat and of the General Secretariat of the Council shall consult each other before either institution modifies its respective security rules, in order to ensure that equivalence of basic principles and minimum standards for protecting classified information is maintained.

3.   Classified information shall be provided to the European Parliament under this Agreement once the Council, together with the European Parliament, has determined that equivalence has been achieved between the basic principles and minimum standards for protecting classified information in the European Parliament’s and in the Council’s security rules, on the one hand, and between the level of protection afforded to classified information in the premises of the European Parliament and of the Council, on the other.

4.   This Agreement may be reviewed at the request of either institution in the light of experience in implementing it.

5.   This Agreement shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels and at Strasbourg, 12 March 2014.

For the European Parliament

The President

Image

For the Council

The President

Image

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(1)  OJ C 298, 30.11.2002, p. 1.

1

(2)  OJ C 210, 3.8.2010, p. 1.

2

(3)  OJ L 201, 3.8.2010, p. 30.

3

(4)  OJ L 141, 27.5.2011, p. 17.

4

(5)  OJ C 190, 30.6.2011, p. 2.

5

(6)  OJ L 56, 4.3.1968, p. 1.

6

---

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 1.4.2014 | EN | Official Journal of the European Union | C 95/8 |
| --- | --- | --- | --- |

1.4.2014

EN

Official Journal of the European Union

C 95/8

---

Non-opposition to a notified concentration

(Case COMP/M.7158 — GlencoreXstrata/Sumitomo/Clermont JV)

(Text with EEA relevance)

(2014/C 95/02)

On 11 March 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32014M7158. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32014M7158. EUR-Lex is the online access to the European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 1.4.2014 | EN | Official Journal of the European Union | C 95/9 |
| --- | --- | --- | --- |

1.4.2014

EN

Official Journal of the European Union

C 95/9

---

Non-opposition to a notified concentration

(Case COMP/M.7107 — Cordes & Graefe/Pompac/Comafranc)

(Text with EEA relevance)

(2014/C 95/03)

On 18 November 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M7107. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M7107. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 1.4.2014 | EN | Official Journal of the European Union | C 95/10 |
| --- | --- | --- | --- |

1.4.2014

EN

Official Journal of the European Union

C 95/10

---

Euro exchange rates (1)

31 March 2014

(2014/C 95/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3788 |
| JPY | Japanese yen | 142,42 |
| DKK | Danish krone | 7,4659 |
| GBP | Pound sterling | 0,82820 |
| SEK | Swedish krona | 8,9483 |
| CHF | Swiss franc | 1,2194 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,2550 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,442 |
| HUF | Hungarian forint | 307,18 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,1719 |
| RON | Romanian leu | 4,4592 |
| TRY | Turkish lira | 2,9693 |
| AUD | Australian dollar | 1,4941 |
| CAD | Canadian dollar | 1,5225 |
| HKD | Hong Kong dollar | 10,6973 |
| NZD | New Zealand dollar | 1,5952 |
| SGD | Singapore dollar | 1,7366 |
| KRW | South Korean won | 1 465,98 |
| ZAR | South African rand | 14,5875 |
| CNY | Chinese yuan renminbi | 8,5754 |
| HRK | Croatian kuna | 7,6475 |
| IDR | Indonesian rupiah | 15 663,17 |
| MYR | Malaysian ringgit | 4,4976 |
| PHP | Philippine peso | 61,726 |
| RUB | Russian rouble | 48,7800 |
| THB | Thai baht | 44,709 |
| BRL | Brazilian real | 3,1276 |
| MXN | Mexican peso | 18,0147 |
| INR | Indian rupee | 82,5784 |

Currency

Exchange rate

USD

US dollar

1,3788

JPY

Japanese yen

142,42

DKK

Danish krone

7,4659

GBP

Pound sterling

0,82820

SEK

Swedish krona

8,9483

CHF

Swiss franc

1,2194

ISK

Iceland króna

NOK

Norwegian krone

8,2550

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,442

HUF

Hungarian forint

307,18

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,1719

RON

Romanian leu

4,4592

TRY

Turkish lira

2,9693

AUD

Australian dollar

1,4941

CAD

Canadian dollar

1,5225

HKD

Hong Kong dollar

10,6973

NZD

New Zealand dollar

1,5952

SGD

Singapore dollar

1,7366

KRW

South Korean won

1 465,98

ZAR

South African rand

14,5875

CNY

Chinese yuan renminbi

8,5754

HRK

Croatian kuna

7,6475

IDR

Indonesian rupiah

15 663,17

MYR

Malaysian ringgit

4,4976

PHP

Philippine peso

61,726

RUB

Russian rouble

48,7800

THB

Thai baht

44,709

BRL

Brazilian real

3,1276

MXN

Mexican peso

18,0147

INR

Indian rupee

82,5784

---

(1)  Source: reference exchange rate published by the ECB.

---

V Announcements

OTHER ACTS

European Commission

| 1.4.2014 | EN | Official Journal of the European Union | C 95/11 |
| --- | --- | --- | --- |

1.4.2014

EN

Official Journal of the European Union

C 95/11

---

Notice for the attention of Malik Muhammad Ishaq who was added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, by virtue of Commission Regulation (EU) No 329/2014

(2014/C 95/05)

| 1. | Common Position 2002/402/CFSP (1) calls upon the Union to freeze the funds and economic resources of the members of the Al-Qaida organisation and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267(1999) and 1333(2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267(1999). |
| --- | --- |

1.

Common Position 2002/402/CFSP (1) calls upon the Union to freeze the funds and economic resources of the members of the Al-Qaida organisation and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267(1999) and 1333(2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267(1999).

The list drawn up by this UN Committee comprises:

| — | Al Qaida; |
| --- | --- |

—

Al Qaida;

| — | natural or legal persons, entities, bodies and groups associated with Al Qaida; and |
| --- | --- |

—

natural or legal persons, entities, bodies and groups associated with Al Qaida; and

| — | legal persons, entities and bodies owned or controlled by, or otherwise supporting, any of these associated persons, entities, bodies and groups. |
| --- | --- |

—

legal persons, entities and bodies owned or controlled by, or otherwise supporting, any of these associated persons, entities, bodies and groups.

Acts or activities indicating that an individual, group, undertaking, or entity is ‘associated with’ Al-Qaida include:

| (a) | participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of Al Qaida, or any cell, affiliate, splinter group or derivative thereof; |
| --- | --- |

(a)

participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of Al Qaida, or any cell, affiliate, splinter group or derivative thereof;

| (b) | supplying, selling or transferring arms and related materiel to any of them; |
| --- | --- |

(b)

supplying, selling or transferring arms and related materiel to any of them;

| (c) | recruiting for any of them; or |
| --- | --- |

(c)

recruiting for any of them; or

| (d) | otherwise supporting acts or activities of any of them. |
| --- | --- |

(d)

otherwise supporting acts or activities of any of them.

| 2. | The UN Committee decided on 14 March 2014 to add Malik Muhammad Ishaq to the relevant list. Malik Muhammad Ishaq may submit at any time a request to the UN Ombudsperson, together with any supporting documentation, for the decision to include him in the UN list referred to above, to be reconsidered. Such request should be sent to the following address: |
| --- | --- |

2.

The UN Committee decided on 14 March 2014 to add Malik Muhammad Ishaq to the relevant list. Malik Muhammad Ishaq may submit at any time a request to the UN Ombudsperson, together with any supporting documentation, for the decision to include him in the UN list referred to above, to be reconsidered. Such request should be sent to the following address:

| United Nations - Office of the Ombudsperson |
| --- |
| Room TB-08041D |
| New York, NY 10017 |
| UNITED STATES OF AMERICA |
| Tel. +12129632671 |
| Fax +12129631300/3778 |
| E-mail: ombudsperson@un.org |

United Nations - Office of the Ombudsperson

Room TB-08041D

New York, NY 10017

UNITED STATES OF AMERICA

Tel. +12129632671

Fax +12129631300/3778

E-mail: ombudsperson@un.org

See for more information at http://www.un.org/sc/committees/1267/delisting.shtml.

| 3. | Further to the UN decision referred to in paragraph 2, the Commission has adopted Regulation (EU) No 329/2014 (2), which amends Annex I to Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network (3). The amendment, made pursuant to Article 7(1)(a) and 7a(1) of Regulation (EC) No 881/2002, adds Malik Muhammad Ishaq to the list in Annex I of that Regulation (‘Annex I’). |
| --- | --- |

3.

Further to the UN decision referred to in paragraph 2, the Commission has adopted Regulation (EU) No 329/2014 (2), which amends Annex I to Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network (3). The amendment, made pursuant to Article 7(1)(a) and 7a(1) of Regulation (EC) No 881/2002, adds Malik Muhammad Ishaq to the list in Annex I of that Regulation (‘Annex I’).

The following measures of Regulation (EC) No 881/2002 apply to the individuals and entities included in Annex I:

| (1) | the freezing of all funds and economic resources belonging to the individuals and entities concerned, or owned or held by them, and the prohibition (on everyone) on making funds and economic resources available to any of the individuals and entities concerned or for their benefit, whether directly or indirectly (Articles 2 and 2a (4)); and |
| --- | --- |

(1)

the freezing of all funds and economic resources belonging to the individuals and entities concerned, or owned or held by them, and the prohibition (on everyone) on making funds and economic resources available to any of the individuals and entities concerned or for their benefit, whether directly or indirectly (Articles 2 and 2a (4)); and

| (2) | the prohibition on granting, selling, supplying or transferring technical advice, assistance or training related to military activities to any of the individuals and entities concerned, whether directly or indirectly (Article 3). |
| --- | --- |

(2)

the prohibition on granting, selling, supplying or transferring technical advice, assistance or training related to military activities to any of the individuals and entities concerned, whether directly or indirectly (Article 3).

| 4. | Article 7a of Regulation (EC) No 881/2002 (5) provides for a review process where observations on the grounds for listing are submitted by those listed. Individuals and entities added to Annex I by Regulation (EU) No 329/2014 may make a request for the grounds for their listing to the Commission. This request should be sent to: |
| --- | --- |

4.

Article 7a of Regulation (EC) No 881/2002 (5) provides for a review process where observations on the grounds for listing are submitted by those listed. Individuals and entities added to Annex I by Regulation (EU) No 329/2014 may make a request for the grounds for their listing to the Commission. This request should be sent to:

| European Commission |
| --- |
| ‘Restrictive measures’ |
| Rue de la Loi/Wetstraat 200 |
| 1049 Bruxelles/ Brussel |
| BELGIQUE/BELGIË |

European Commission

‘Restrictive measures’

Rue de la Loi/Wetstraat 200

1049 Bruxelles/ Brussel

BELGIQUE/BELGIË

| 5. | The attention of the individuals and entities concerned is also drawn to the possibility of challenging Regulation (EU) No 329/2014 before the General Court of the European Union, in accordance with the conditions laid down in the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union. |
| --- | --- |

5.

The attention of the individuals and entities concerned is also drawn to the possibility of challenging Regulation (EU) No 329/2014 before the General Court of the European Union, in accordance with the conditions laid down in the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union.

| 6. | For good order, the attention of the individuals and entities included in Annex I is drawn to the possibility of making an application to the competent authorities in the relevant Member State(s), as listed in Annex II to Regulation (EC) No 881/2002, in order to obtain an authorisation to use frozen funds and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation. |
| --- | --- |

6.

For good order, the attention of the individuals and entities included in Annex I is drawn to the possibility of making an application to the competent authorities in the relevant Member State(s), as listed in Annex II to Regulation (EC) No 881/2002, in order to obtain an authorisation to use frozen funds and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation.

---

(1)  OJ L 139, 29.5.2002, p. 4.

(2)  OJ L 98, 1.4.2014, p. 11.

(3)  OJ L 139, 29.5.2002, p. 9.

(4)  Article 2a was inserted by Council Regulation (EC) No 561/2003 (OJ L 82, 29.3.2003, p. 1).

(5)  Article 7a was inserted by Council Regulation (EU) No 1286/2009 (OJ L 346, 23.12.2009, p. 42).

---

Corrigenda

| 1.4.2014 | EN | Official Journal of the European Union | C 95/13 |
| --- | --- | --- | --- |

1.4.2014

EN

Official Journal of the European Union

C 95/13

---

Corrigendum to Commission Decision of 11 February 2014 on the list of public holidays for 2015 for the institutions of the European Union

(
  Official Journal of the European Union C 44 of 15 February 2014
  )

(2014/C 95/06)

On page 5, in the line beginning ‘3 April’

for:

‘Monday, Friday’

read:

‘Good Friday’.

---