# Official Journal L 152/2017

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 152 |
| | |
| English edition | Legislation | Volume 6015 June 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 152

English edition

Legislation

Volume 6015 June 2017

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Commission Decision (EU) 2017/1002 of 7 June 2017 on the proposed citizens' initiative entitled Stop extremism
  (notified under document C(2017) 4105) | 1 |
| | * | Commission Decision (EU) 2017/1003 of 13 June 2017 on the duty-free importation of goods intended to be distributed or made available free of charge to victims of the earthquake which occurred in Italy in August and October 2016
  (notified under document C(2017) 3865) | 3 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Commission Decision (EU) 2017/1002 of 7 June 2017 on the proposed citizens' initiative entitled Stop extremism
  (notified under document C(2017) 4105)

(notified under document C(2017) 4105)

1

*

Commission Decision (EU) 2017/1003 of 13 June 2017 on the duty-free importation of goods intended to be distributed or made available free of charge to victims of the earthquake which occurred in Italy in August and October 2016
  (notified under document C(2017) 3865)

(notified under document C(2017) 3865)

3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

DECISIONS

| 15.6.2017 | EN | Official Journal of the European Union | L 152/1 |
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15.6.2017

EN

Official Journal of the European Union

L 152/1

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COMMISSION DECISION (EU) 2017/1002

of 7 June 2017

on the proposed citizens' initiative entitled ‘Stop extremism’

(notified under document C(2017) 4105)

(Only the German text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens' initiative (1), and in particular Article 4 thereof,

Whereas:

| (1) | The subject matter of the proposed citizens' initiative entitled ‘Stop extremism’ refers to the following ‘We call on the European Commission to propose legislation in order to prevent the adverse consequences of extremism, above all for the internal market’. |
| --- | --- |

(1)

The subject matter of the proposed citizens' initiative entitled ‘Stop extremism’ refers to the following ‘We call on the European Commission to propose legislation in order to prevent the adverse consequences of extremism, above all for the internal market’.

| (2) | The stated objectives of the proposed citizens' initiative are: ‘Under the proposed provisions of Union law, the Member States should use: (1) positive motivation to ensure that extremism in the Internal Market is identified and excluded; (2) transparency to make it easy for all citizens and businesses to identify (financial) support for extremism; and (3) employment law and compensation provisions to combat extremism effectively in the Internal Market’. |
| --- | --- |

(2)

The stated objectives of the proposed citizens' initiative are: ‘Under the proposed provisions of Union law, the Member States should use: (1) positive motivation to ensure that extremism in the Internal Market is identified and excluded; (2) transparency to make it easy for all citizens and businesses to identify (financial) support for extremism; and (3) employment law and compensation provisions to combat extremism effectively in the Internal Market’.

| (3) | Legal acts of the Union for the purpose of implementing the Treaties can be adopted, on the basis of Article 114 TFEU, for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market. |
| --- | --- |

(3)

Legal acts of the Union for the purpose of implementing the Treaties can be adopted, on the basis of Article 114 TFEU, for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market.

| (4) | However, according to settled case law of the Court of Justice, recourse to Article 114 TFEU is justified only where there are differences between the laws, regulations or administrative provisions of the Member States which are such as to obstruct the fundamental freedoms and thus have a direct effect on the functioning of the internal market, whilst a mere finding of disparities between national rules is not sufficient. If the aim of a measure is to prevent the emergence of future obstacles to trade as a result of divergences in national laws, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them. |
| --- | --- |

(4)

However, according to settled case law of the Court of Justice, recourse to Article 114 TFEU is justified only where there are differences between the laws, regulations or administrative provisions of the Member States which are such as to obstruct the fundamental freedoms and thus have a direct effect on the functioning of the internal market, whilst a mere finding of disparities between national rules is not sufficient. If the aim of a measure is to prevent the emergence of future obstacles to trade as a result of divergences in national laws, the emergence of such obstacles must be likely and the measure in question must be designed to prevent them.

| (5) | As regards measures in the field of employment law, Article 153 TFEU could serve as a legal basis for a legal act of the Union laying down provisions concerning the protection of workers where their employment contract is terminated. Similarly, Article 19 TFEU could serve as a basis for measures which aim at combatting discrimination based notably on racial or ethnic origin, religion or belief, including at the workplace. |
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(5)

As regards measures in the field of employment law, Article 153 TFEU could serve as a legal basis for a legal act of the Union laying down provisions concerning the protection of workers where their employment contract is terminated. Similarly, Article 19 TFEU could serve as a basis for measures which aim at combatting discrimination based notably on racial or ethnic origin, religion or belief, including at the workplace.

| (6) | The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the Union by way of a European citizens' initiative. |
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(6)

The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the Union by way of a European citizens' initiative.

| (7) | To this end, the procedures and conditions required for the citizens' initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative so as to encourage participation by citizens and to make the Union more accessible. |
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(7)

To this end, the procedures and conditions required for the citizens' initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative so as to encourage participation by citizens and to make the Union more accessible.

| (8) | For those reasons, it is appropriate to consider that the proposed citizens' initiative does not fall manifestly outside the framework of the Commission's powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties in accordance with Article 4(2)(b) of the Regulation. |
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(8)

For those reasons, it is appropriate to consider that the proposed citizens' initiative does not fall manifestly outside the framework of the Commission's powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties in accordance with Article 4(2)(b) of the Regulation.

| (9) | The proposed citizens' initiative entitled ‘Stop extremism’ should therefore be registered. However, statements of support for this proposed citizens' initiative should be collected only inasmuch as it aims at proposals from the Commission for legal acts of the Union for the purpose of implementing the Treaties within the scope referred to in recitals 3 and 5, |
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(9)

The proposed citizens' initiative entitled ‘Stop extremism’ should therefore be registered. However, statements of support for this proposed citizens' initiative should be collected only inasmuch as it aims at proposals from the Commission for legal acts of the Union for the purpose of implementing the Treaties within the scope referred to in recitals 3 and 5,

HAS ADOPTED THIS DECISION:

Article 1

1.   The proposed citizens' initiative entitled ‘Stop extremism’ is registered.

2.   Statements of support for this proposed citizens' initiative may be collected, based on the understanding that it aims at proposals from the Commission for legal acts of the Union for the purpose of implementing the Treaties:

| — | for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market, |
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—

for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market,

| — | laying down provisions relating to the protection of workers where their employment contract is terminated, |
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—

laying down provisions relating to the protection of workers where their employment contract is terminated,

| — | combatting discrimination. |
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—

combatting discrimination.

Article 2

This Decision shall enter into force on 12 June 2017.

Article 3

This Decision is addressed to the organisers (members of the citizens' committee) of the proposed citizens' initiative entitled ‘Stop extremism’, represented by Ms Seyran ATEȘ and Mr Sebastian REIMER acting as contact persons.

Done at Brussels, 7 June 2017.

For the Commission

Frans TIMMERMANS

First Vice-President

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(1)  
  OJ L 65, 11.3.2011, p. 1.

1

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| 15.6.2017 | EN | Official Journal of the European Union | L 152/3 |
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15.6.2017

EN

Official Journal of the European Union

L 152/3

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COMMISSION DECISION (EU) 2017/1003

of 13 June 2017

on the duty-free importation of goods intended to be distributed or made available free of charge to victims of the earthquake which occurred in Italy in August and October 2016

(notified under document C(2017) 3865)

(Only the Italian text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (1), and in particular Article 76 thereof,

Having regard to the request made by the Italian Republic dated 14 March 2017 for duty-free importation of goods intended to be made available free of charge to victims of the earthquakes which occurred in Italy in August and October 2016,

Whereas:

| (1) | Earthquakes such as those which occurred in Italy on 24 August and 26 and 30 October 2016 constitute a disaster within the meaning of Chapter XVII, Section C, of Regulation (EC) No 1186/2009; there is, therefore, reason to authorise duty-free importation of goods which satisfy the requirements of Articles 74 to 80 of the abovementioned Regulation. |
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(1)

Earthquakes such as those which occurred in Italy on 24 August and 26 and 30 October 2016 constitute a disaster within the meaning of Chapter XVII, Section C, of Regulation (EC) No 1186/2009; there is, therefore, reason to authorise duty-free importation of goods which satisfy the requirements of Articles 74 to 80 of the abovementioned Regulation.

| (2) | The Italian Republic should inform the Commission of the nature and quantities of the various goods admitted duty-free for the benefit of the victims of the earthquakes which occurred in Italy in 2016, of the organisations it has approved for the distribution or making available of those goods and of the measures taken to prevent the goods from being used otherwise than for disaster relief to those victims. |
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(2)

The Italian Republic should inform the Commission of the nature and quantities of the various goods admitted duty-free for the benefit of the victims of the earthquakes which occurred in Italy in 2016, of the organisations it has approved for the distribution or making available of those goods and of the measures taken to prevent the goods from being used otherwise than for disaster relief to those victims.

| (3) | Relief of customs duty should be granted in respect of importations from the date of the first earthquake occurrence. |
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(3)

Relief of customs duty should be granted in respect of importations from the date of the first earthquake occurrence.

| (4) | Other Member States have been consulted as laid down in Article 76 of Regulation (EC) No 1186/2009, |
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(4)

Other Member States have been consulted as laid down in Article 76 of Regulation (EC) No 1186/2009,

HAS ADOPTED THIS DECISION:

Article 1

1.   Goods shall be admitted free of import duties within the meaning of Article 2(1)(a) of Regulation (EC) No 1186/2009 where the following conditions are fulfilled:

| (a) | the goods are intended for one of the following uses:






  (i) | distribution of the goods free of charge to the victims of the earthquake which occurred in Italy in 2016 by the bodies and organisations referred to in point (c); |
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(a)

the goods are intended for one of the following uses:

(i)

distribution of the goods free of charge to the victims of the earthquake which occurred in Italy in 2016 by the bodies and organisations referred to in point (c);

| (ii) | making the goods available to those victims free of charge while the goods remain the property of the organisations in question; |
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(ii)

making the goods available to those victims free of charge while the goods remain the property of the organisations in question;

| (b) | the goods satisfy the requirements laid down in Articles 75, 78 and 79 of Regulation (EC) No 1186/2009; |
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(b)

the goods satisfy the requirements laid down in Articles 75, 78 and 79 of Regulation (EC) No 1186/2009;

| (c) | the goods are imported for release for free circulation by State bodies or by organisations approved by the competent Italian authorities. |
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(c)

the goods are imported for release for free circulation by State bodies or by organisations approved by the competent Italian authorities.

2.   Goods shall also be admitted duty-free within the meaning of Article 2(1)(a) of Regulation (EC) No 1186/2009 where they are imported for release for free circulation by disaster relief agencies in order to meet their needs during the period of providing disaster relief to the victims of the earthquakes which occurred in Italy in 2016.

Article 2

The Italian Republic shall by 30 September 2017 at the latest communicate the following information to the Commission:

| (a) | a list of the approved organisations referred to in Article 1(1); |
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(a)

a list of the approved organisations referred to in Article 1(1);

| (b) | information regarding the nature and quantities of the various goods admitted free of duty in pursuance of Article 1; |
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(b)

information regarding the nature and quantities of the various goods admitted free of duty in pursuance of Article 1;

| (c) | measures taken to ensure compliance with Articles 78, 79 and 80 of Regulation (EC) No 1186/2009 with regard to goods falling under the scope of this Decision. |
| --- | --- |

(c)

measures taken to ensure compliance with Articles 78, 79 and 80 of Regulation (EC) No 1186/2009 with regard to goods falling under the scope of this Decision.

Article 3

Article 1 shall apply to importations made from 24 August 2016 to 30 June 2017.

Article 4

This Decision is addressed to the Italian Republic.

Done at Brussels, 13 June 2017.

For the Commission

Pierre MOSCOVICI

Member of the Commission

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(1)  
  OJ L 324, 10.12.2009, p. 23.

1

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