# Official Journal C 89/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 89 |
| | |
| English edition | Information and Notices | Volume 6022 March 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 89

English edition

Information and Notices

Volume 6022 March 2017

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 89/01 | Statutes of the e-Science and Technology European Infrastructure for Biodiversity and Ecosystem Research — European Research Infrastructure Consortium LifeWatch ERIC | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 89/01

Statutes of the e-Science and Technology European Infrastructure for Biodiversity and Ecosystem Research — European Research Infrastructure Consortium LifeWatch ERIC

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2017/C 89/02 | The following information is brought to the attention of MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem; a.k.a. BIN KHALID, Fahd Bin Adballah; a.k.a. HENIN, Ashraf Refaat Nabith; a.k.a. WADOOD, Khalid Adbul), Hizballah Military Wing (a.k.a. Hezbollah Military Wing, a.k.a. Hizbullah Military Wing, a.k.a. Hizbollah Military Wing, a.k.a. Hezballah Military Wing, a.k.a. Hisbollah Military Wing, a.k.a. Hizbu’llah Military Wing a.k.a. Hizb Allah Military Wing, including the Jihad Council (and all units reporting to it, including the External Security Organisation)), POPULAR FRONT FOR THE LIBERATION OF PALESTINE (PFLP), POPULAR FRONT FOR THE LIBERATION OF PALESTINE-GENERAL COMMAND, (a.k.a. PFLP-General Command), FUERZAS ARMADAS REVOLUCIONARIAS DE COLOMBIA — FARC (Revolutionary Armed Forces of Colombia) — persons, groups and entities included on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (see Annex to Council Implementing Regulation (EU) 2017/150 of 27 January 2017) | 16 |
| 2017/C 89/03 | Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2011/172/CFSP, as amended by Decision (CFSP) 2017/496, and in Council Regulation (EU) No 270/2011 concerning restrictive measures in view of the situation in Egypt apply | 18 |
| 2017/C 89/04 | Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 270/2011, as implemented by Council Implementing Regulation (EU) 2017/491, concerning restrictive measures in view of the situation in Egypt apply | 19 |
| | European Commission |
| 2017/C 89/05 | Euro exchange rates | 20 |
| 2017/C 89/06 | Explanatory Notes to the Combined Nomenclature of the European Union | 21 |
| 2017/C 89/07 | Summary of Commission Decision of 26 July 2016 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement (Case AT.39317 — E.ON Gas) (notified under document C(2016) 4764) | 24 |
| | NOTICES FROM MEMBER STATES |
| 2017/C 89/08 | Decision No 946 of 10 November 2016 opening a procedure for granting authorisation for the prospection and exploration of oil and natural gas, being underground natural resources as defined in Article 2(1)(3) of the Underground Natural Resources Act, in Block 1-25 Vratsa-West, located in Northwest Bulgaria, and announcing that authorisation will be granted on the basis of a competitive bidding procedure | 27 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2017/C 89/02

The following information is brought to the attention of MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem; a.k.a. BIN KHALID, Fahd Bin Adballah; a.k.a. HENIN, Ashraf Refaat Nabith; a.k.a. WADOOD, Khalid Adbul), Hizballah Military Wing (a.k.a. Hezbollah Military Wing, a.k.a. Hizbullah Military Wing, a.k.a. Hizbollah Military Wing, a.k.a. Hezballah Military Wing, a.k.a. Hisbollah Military Wing, a.k.a. Hizbu’llah Military Wing a.k.a. Hizb Allah Military Wing, including the Jihad Council (and all units reporting to it, including the External Security Organisation)), POPULAR FRONT FOR THE LIBERATION OF PALESTINE (PFLP), POPULAR FRONT FOR THE LIBERATION OF PALESTINE-GENERAL COMMAND, (a.k.a. PFLP-General Command), FUERZAS ARMADAS REVOLUCIONARIAS DE COLOMBIA — FARC (Revolutionary Armed Forces of Colombia) — persons, groups and entities included on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (see Annex to Council Implementing Regulation (EU) 2017/150 of 27 January 2017)

16

2017/C 89/03

Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2011/172/CFSP, as amended by Decision (CFSP) 2017/496, and in Council Regulation (EU) No 270/2011 concerning restrictive measures in view of the situation in Egypt apply

18

2017/C 89/04

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 270/2011, as implemented by Council Implementing Regulation (EU) 2017/491, concerning restrictive measures in view of the situation in Egypt apply

19

European Commission

2017/C 89/05

Euro exchange rates

20

2017/C 89/06

Explanatory Notes to the Combined Nomenclature of the European Union

21

2017/C 89/07

Summary of Commission Decision of 26 July 2016 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement (Case AT.39317 — E.ON Gas) (notified under document C(2016) 4764)

(notified under document C(2016) 4764)

24

NOTICES FROM MEMBER STATES

2017/C 89/08

Decision No 946 of 10 November 2016 opening a procedure for granting authorisation for the prospection and exploration of oil and natural gas, being underground natural resources as defined in Article 2(1)(3) of the Underground Natural Resources Act, in Block 1-25 Vratsa-West, located in Northwest Bulgaria, and announcing that authorisation will be granted on the basis of a competitive bidding procedure

27

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 89/09 | Prior notification of a concentration (Case M.8392 — Bolloré/Vivendi) (
  1
  ) | 38 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 89/09

Prior notification of a concentration (Case M.8392 — Bolloré/Vivendi) (
  1
  )

1

38

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| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 22.3.2017 | EN | Official Journal of the European Union | C 89/1 |
| --- | --- | --- | --- |

22.3.2017

EN

Official Journal of the European Union

C 89/1

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Statutes of the e-Science and Technology European Infrastructure for Biodiversity and Ecosystem Research — European Research Infrastructure Consortium ‘LifeWatch ERIC’

(2017/C 89/01)

Content

CHAPTER 1 — GENERAL PROVISIONS

Article 1 — Name, seat, location and working language

Article 2 — Task and activities. ERIC components

CHAPTER 2 — MEMBERSHIP

Article 3 — Membership and representing entity

Article 4 — Admission of members and observers

Article 5 — Withdrawal of a member/Termination of membership or observer status

CHAPTER 3 — RIGHTS AND OBLIGATIONS OF THE MEMBERS AND OBSERVERS

Article 6 — Members

Article 7 — Observers

CHAPTER 4 — GOVERNANCE

Article 8 — General Assembly

Article 9 — Executive Board

Article 10 — Subsidiary Bodies

CHAPTER 5 — REPORTING TO THE COMMISSION

Article 11 — Reporting to the Commission

CHAPTER 6 — POLICIES

Article 12 — Employment Policies

Article 13 — Procurement Policies and Tax Exemptions

Article 14 — Resources, Budgetary Policies, Liability and Insurance

Article 15 — Access to LifeWatch ERIC Facilities and Dissemination Policy

Article 16 — Scientific and Technical Evaluations

Article 17 — Data access and Intellectual Property Rights Policies

CHAPTER 7 — DURATION, WINDING-UP, DISPUTES, APPLICABLE LAW AND AMENDMENTS PROVISIONS

Article 18 — Duration

Article 19 — Winding-up and Insolvency

Article 20 — Applicable law

Article 21 — Disputes

Article 22 — Availability of the Statutes

Article 23 — Amendments to the Statutes

CHAPTER 8 — SETTING-UP AND TRANSITIONAL PROVISIONS

Article 24 — Setting-up provisions

Article 25 — Transitional Provision

ANNEX 1 — LIST OF MEMBERS, OBSERVERS AND REPRESENTING ENTITIES

ANNEX 2 — FINANCIAL AND IN-KIND CONTRIBUTIONS

CHAPTER 1

GENERAL PROVISIONS

Article 1

Name, seat, location and working language

1.   There shall be an e-Science and Technology European Infrastructure for Biodiversity and Ecosystem Research — European Research Infrastructure Consortium, hereinafter referred to as ‘LifeWatch ERIC’, which is set up as a European Research Infrastructure Consortium (ERIC) under Council Regulation (EC) No 723/2009 (1).

2.   LifeWatch ERIC shall be a distributed research infrastructure organised in accordance with Articles 2.3 and 2.4.

3.   The statutory seat of LifeWatch ERIC shall be in Seville, Kingdom of Spain (hereinafter referred to as Host Member State).

4.   The working language of LifeWatch ERIC shall be English.

Article 2

Task and activities, ERIC Components

1.   The main task of LifeWatch ERIC shall be to establish and operate the infrastructure and information systems necessary to mobilise and integrate data and algorithms for biodiversity and ecosystem research, including enhancing understanding, linkages and synergies with other societal challenges such as climate change adaptation and mitigation, and to provide analytical capabilities.

2.   To this end LifeWatch ERIC shall undertake and coordinate a variety of activities, including but not limited to:

| (a) | The operation of a distributed research infrastructure that shall encompass enabling capabilities for demand-driven biodiversity data mobilisation; integrated access to distributed data resources; the provision of services for data discovery, analysis, modelling and visualisation; web-based and site-based support for users; and digital environments for scientific cooperation and experimentation. |
| --- | --- |

(a)

The operation of a distributed research infrastructure that shall encompass enabling capabilities for demand-driven biodiversity data mobilisation; integrated access to distributed data resources; the provision of services for data discovery, analysis, modelling and visualisation; web-based and site-based support for users; and digital environments for scientific cooperation and experimentation.

| (b) | The support to and cooperation with national and international facilities on the basis of service level agreements, with respect to data mobilisation and data sharing; computational capacity; and development of new infrastructure capabilities — including exploration of a role as a broker coordinating requirements and delivery plans between national and international facilities, institutions and organisations if so requested by them. |
| --- | --- |

(b)

The support to and cooperation with national and international facilities on the basis of service level agreements, with respect to data mobilisation and data sharing; computational capacity; and development of new infrastructure capabilities — including exploration of a role as a broker coordinating requirements and delivery plans between national and international facilities, institutions and organisations if so requested by them.

| (c) | The building of capacity in order to foster new opportunities for large-scale scientific development; to enable accelerated data capture with new technologies; to support knowledge based decision-making for the management of biodiversity and ecosystems; and to support training programmes. |
| --- | --- |

(c)

The building of capacity in order to foster new opportunities for large-scale scientific development; to enable accelerated data capture with new technologies; to support knowledge based decision-making for the management of biodiversity and ecosystems; and to support training programmes.

| (d) | The maintenance of a capacity for the upgrading of the research infrastructure, the innovation and valorisation of knowledge and technology, and the development of new analytical capabilities. |
| --- | --- |

(d)

The maintenance of a capacity for the upgrading of the research infrastructure, the innovation and valorisation of knowledge and technology, and the development of new analytical capabilities.

| (e) | The undertaking of any other tasks closely related to the above mentioned activities that the General Assembly may decide. |
| --- | --- |

(e)

The undertaking of any other tasks closely related to the above mentioned activities that the General Assembly may decide.

3.   LifeWatch ERIC shall comprise:

| (a) | Common Facilities, as supported by the members. The main parts of the Common Facilities shall be located in Spain (Institutional relationships, including organisations acting as data providers and coordinating monitoring sites, LifeWatch ERIC administrative, legal, and financial services, organisation and coordination of ICT core activities and of its distributed construction and operations); in Italy (organisation and coordination of LifeWatch services for the biodiversity community) and in the Netherlands (coordination of virtual laboratories and innovations), without prejudice to the possibility of establishing parts of Common Facilities in the territory of other members. |
| --- | --- |

(a)

Common Facilities, as supported by the members. The main parts of the Common Facilities shall be located in Spain (Institutional relationships, including organisations acting as data providers and coordinating monitoring sites, LifeWatch ERIC administrative, legal, and financial services, organisation and coordination of ICT core activities and of its distributed construction and operations); in Italy (organisation and coordination of LifeWatch services for the biodiversity community) and in the Netherlands (coordination of virtual laboratories and innovations), without prejudice to the possibility of establishing parts of Common Facilities in the territory of other members.

| (b) | Distributed LifeWatch Centres, other than the Common Facilities, part of LifeWatch ERIC, established under conditions decided by the General Assembly for the member where these are located. Those conditions shall include provisions related to the financial responsibility and liability of the member where the Distributed Centre is located. |
| --- | --- |

(b)

Distributed LifeWatch Centres, other than the Common Facilities, part of LifeWatch ERIC, established under conditions decided by the General Assembly for the member where these are located. Those conditions shall include provisions related to the financial responsibility and liability of the member where the Distributed Centre is located.

4.   LifeWatch ERIC shall conclude service level agreements with members, Centres or legal entities for regulating their operations and services for LifeWatch ERIC on a collaborative basis, without prejudice to the possibility of providing these services as in-kind contributions.

5.   LifeWatch ERIC shall pursue its principal task on a non-economic basis. LifeWatch ERIC may carry out limited economic activities closely related to its task, provided they do not jeopardise the achievement of its primary objectives on a noneconomic basis.

6.   LifeWatch ERIC may foster the exploitation of data and products from Copernicus, the programme of the European Union for monitoring the Earth. Environmental information is of crucial importance to understanding how our planet and its ecosystems are changing.

CHAPTER 2

MEMBERSHIP

Article 3

Membership and representing entity

1.   The following entities may become members of LifeWatch ERIC or observers without voting rights:

| (a) | Member States of the European Union (hereinafter ‘Member States’); |
| --- | --- |

(a)

Member States of the European Union (hereinafter ‘Member States’);

| (b) | Associated countries; |
| --- | --- |

(b)

Associated countries;

| (c) | Third countries other than associated countries; |
| --- | --- |

(c)

Third countries other than associated countries;

| (d) | Intergovernmental organisations. |
| --- | --- |

(d)

Intergovernmental organisations.

2.   The list of LifeWatch ERIC members and observers and of the entities representing them is set out in Annex 1. The list of members and observers of Annex 1 shall be updated by the General Assembly and the list of representing entities shall be updated by the CEO after receiving due notice by the appointing member under the requirements established in Implementing Rules. Members and observers may be represented by one or more, but no more than three public entities, including regions, or by private entities with a public service mission. These representing entities shall be appointed according to the member own rules and procedures. The members and observers shall determine the length of term of their representatives, as well as their capability concerning the exercise of specified rights and obligations.

3.   The General Assembly shall ensure that Member States or associated countries hold jointly the majority of the voting rights in the General Assembly, as well as the majority of members of the Standing Committee. The General Assembly shall determine any modification of voting rights that are necessary to ensure that LifeWatch ERIC complies at all times with that requirement.

4.   The members at the time of the establishment of LifeWatch ERIC shall be referred to as ‘founding members’.

Article 4

Admission of members and observers

1.   The terms for admission of new members shall be the following:

| (a) | Member States, associated countries, and third countries other than associated countries shall apply for membership in writing to the Chairperson of the General Assembly. |
| --- | --- |

(a)

Member States, associated countries, and third countries other than associated countries shall apply for membership in writing to the Chairperson of the General Assembly.

| (b) | The application for membership shall include up to three entities that shall represent the member in the General Assembly. |
| --- | --- |

(b)

The application for membership shall include up to three entities that shall represent the member in the General Assembly.

| (c) | The application shall describe how the applicant shall contribute to LifeWatch ERIC objectives and activities provided for in Article 2 and how it shall fulfil its obligations. |
| --- | --- |

(c)

The application shall describe how the applicant shall contribute to LifeWatch ERIC objectives and activities provided for in Article 2 and how it shall fulfil its obligations.

| (d) | Associated countries shall be admitted by the General Assembly by a simple majority vote. Third countries other than associated countries shall be admitted by an absolute majority vote of the General Assembly. |
| --- | --- |

(d)

Associated countries shall be admitted by the General Assembly by a simple majority vote. Third countries other than associated countries shall be admitted by an absolute majority vote of the General Assembly.

| (e) | The admission of a new member may be decided by the General Assembly after having received a report of the Executive Board containing the terms and conditions under which the applicant may join LifeWatch ERIC. |
| --- | --- |

(e)

The admission of a new member may be decided by the General Assembly after having received a report of the Executive Board containing the terms and conditions under which the applicant may join LifeWatch ERIC.

2.   An intergovernmental organisation shall apply for membership to the Chairperson of the General Assembly and may be admitted by a qualified majority vote under the conditions decided by the General Assembly after having received the report of the Executive Board mentioned in previous section 1(e).

3.   Any new member of LifeWatch ERIC may not withdraw for at least for the remaining time of the five-year period in force in the moment of its accession. If the new member is admitted after the first three years of a five-year period of planning, it shall remain member for at least the remaining time of the five-year period in force in the moment of its accession and the successive five-year planning periods, unless withdrawal is requested for that next five-year period in accordance with Article 5(2).

4.   Member States, associated countries, third countries other than associated countries or intergovernmental organisations who are willing to contribute to LifeWatch ERIC, but are not yet in a position to join as members, shall apply for observer status in writing to the Chairperson of the General Assembly

5.   The terms for admission of observers shall be the following:

| (a) | Observers shall be admitted for a period of two years. This period may be extended for up to two more years. Before the end of the corresponding period, the observer shall apply for becoming a member or leave LifeWatch ERIC. In exceptional cases, the General Assembly may decide by a simple majority vote to extend the status of the observer up to a maximum of another additional two-year period. |
| --- | --- |

(a)

Observers shall be admitted for a period of two years. This period may be extended for up to two more years. Before the end of the corresponding period, the observer shall apply for becoming a member or leave LifeWatch ERIC. In exceptional cases, the General Assembly may decide by a simple majority vote to extend the status of the observer up to a maximum of another additional two-year period.

| (b) | The admission of observers shall require the approval of the General Assembly by a simple majority vote. |
| --- | --- |

(b)

The admission of observers shall require the approval of the General Assembly by a simple majority vote.

Article 5

Withdrawal of a member/Termination of membership or observer status

1.   Membership shall be for periods of at least five years and shall continue during successive five year periods for the whole duration of LifeWatch ERIC. The five-year financial commitment shall be in accordance with the multiannual Work Programme and the Indicative Budget as described in Annex 2.

2.   A member may withdraw at the end of the third year of a five-year period if it gives notice of its intention to withdraw before the end of the second year of the five-year period. The members shall be informed of any request for withdrawal within 15 days after receipt of the request.

3.   Financial and other obligations of the withdrawing member must be fulfilled before withdrawal can become effective. In case Common Facilities or Distributed Centres or other LifeWatch ERIC assets are situated on the territory of the withdrawing member then that member may reclaim these assets against a fair compensation as agreed by the General Assembly.

4.   The General Assembly shall suspend the voting rights of a member when that member's dues are one year in arrears after the start of the financial year.

5.   The General Assembly shall have the power to terminate membership or observer status if the following conditions are met:

| (a) | The member or observer is in serious breach of one or more of its obligations under these Statutes. |
| --- | --- |

(a)

The member or observer is in serious breach of one or more of its obligations under these Statutes.

| (b) | The member or observer has failed to rectify such breach within a period of six months after the written notification of the Chairperson of the General Assembly following the adoption of the minutes of the General Assembly that confirmed the breach. |
| --- | --- |

(b)

The member or observer has failed to rectify such breach within a period of six months after the written notification of the Chairperson of the General Assembly following the adoption of the minutes of the General Assembly that confirmed the breach.

The Executive Board shall inform the General Assembly of a member or observer acting persistently in breach of its duties under the Statutes and shall request that member or observer to fulfil its obligations. If the member or observer does not comply within a six-month period, the Executive Board shall propose the General Assembly to terminate the membership or observership.

The member or observer shall have the right to explain its position to the General Assembly before the General Assembly makes any decision on the issue.

The General Assembly shall decide by qualified majority vote whether or not to terminate the membership or observer status.

CHAPTER 3

RIGHTS AND OBLIGATIONS OF THE MEMBERS AND OBSERVERS

Article 6

Members

1.   Rights of members shall include:

| (a) | To participate and vote in the General Assembly. |
| --- | --- |

(a)

To participate and vote in the General Assembly.

| (b) | To access to information and services provided by LifeWatch ERIC; and |
| --- | --- |

(b)

To access to information and services provided by LifeWatch ERIC; and

| (c) | any other rights mentioned in these Statutes or included in Implementing Rules. |
| --- | --- |

(c)

any other rights mentioned in these Statutes or included in Implementing Rules.

2.   Each member shall:

| (a) | support and facilitate the objectives, tasks and governance of LifeWatch ERIC. |
| --- | --- |

(a)

support and facilitate the objectives, tasks and governance of LifeWatch ERIC.

| (b) | identify the entities representing the member. |
| --- | --- |

(b)

identify the entities representing the member.

| (c) | set up and maintain a National LifeWatch Support Committee in order to promote adoption of relevant standards in national resource and tools creation projects; promote uptake of services among scientific communities and researchers of different biodiversity-related areas of knowledge, including ecosystem science and bioinformatics, and gather providers and users' inputs and feedbacks. |
| --- | --- |

(c)

set up and maintain a National LifeWatch Support Committee in order to promote adoption of relevant standards in national resource and tools creation projects; promote uptake of services among scientific communities and researchers of different biodiversity-related areas of knowledge, including ecosystem science and bioinformatics, and gather providers and users' inputs and feedbacks.

| (d) | make contributions in accordance with Annex 2; and |
| --- | --- |

(d)

make contributions in accordance with Annex 2; and

| (e) | support any other activity agreed within the framework of LifeWatch ERIC resulting from the Statutes or Implementing Rules. |
| --- | --- |

(e)

support any other activity agreed within the framework of LifeWatch ERIC resulting from the Statutes or Implementing Rules.

Article 7

Observers

1.   Rights of observers shall include:

| (a) | To attend the General Assembly without a vote. |
| --- | --- |

(a)

To attend the General Assembly without a vote.

| (b) | To let its research community participate in LifeWatch ERIC events, such as workshops, conferences, training courses at preferential rates, space permitting. |
| --- | --- |

(b)

To let its research community participate in LifeWatch ERIC events, such as workshops, conferences, training courses at preferential rates, space permitting.

| (c) | To let its research community have access to support from LifeWatch ERIC in developing relevant systems, processes and services. |
| --- | --- |

(c)

To let its research community have access to support from LifeWatch ERIC in developing relevant systems, processes and services.

2.   Each observer shall appoint a representing entity.

CHAPTER 4

GOVERNANCE

Article 8

General Assembly

1.   The highest governing body of LifeWatch ERIC shall be the General Assembly.

2.   The General Assembly shall be responsible for the overall direction and supervision of LifeWatch ERIC.

3.   The General Assembly shall decide on:

| (a) | service level agreements and any other agreement with a third party. |
| --- | --- |

(a)

service level agreements and any other agreement with a third party.

| (b) | admission and revocation of membership and observer status. |
| --- | --- |

(b)

admission and revocation of membership and observer status.

| (c) | approval of Implementing Rules, Guidelines or other decisions required to ensure the performance of the task and activities of LifeWatch ERIC. |
| --- | --- |

(c)

approval of Implementing Rules, Guidelines or other decisions required to ensure the performance of the task and activities of LifeWatch ERIC.

| (d) | approval of the annual report. |
| --- | --- |

(d)

approval of the annual report.

| (e) | approval of Implementing Rules on in-kind contributions. |
| --- | --- |

(e)

approval of Implementing Rules on in-kind contributions.

| (f) | approval, every five years, of a multiannual Work Program and the Indicative Budget, and of their revision and/or adaptation if the change of membership contributions is significant enough to make legitimate the re-planning of both. |
| --- | --- |

(f)

approval, every five years, of a multiannual Work Program and the Indicative Budget, and of their revision and/or adaptation if the change of membership contributions is significant enough to make legitimate the re-planning of both.

| (g) | approval of the annual budget. |
| --- | --- |

(g)

approval of the annual budget.

| (h) | appointment of the members of the Standing Committee. |
| --- | --- |

(h)

appointment of the members of the Standing Committee.

| (i) | appointment and motions of censure of the members of the Executive Board, including the Chief Executive Officer. |
| --- | --- |

(i)

appointment and motions of censure of the members of the Executive Board, including the Chief Executive Officer.

| (j) | establishment of subsidiary bodies as required for the proper functioning of LifeWatch ERIC. |
| --- | --- |

(j)

establishment of subsidiary bodies as required for the proper functioning of LifeWatch ERIC.

| (k) | approval of Guidelines on elements of common interest concerning the LifeWatch national Support Committees. |
| --- | --- |

(k)

approval of Guidelines on elements of common interest concerning the LifeWatch national Support Committees.

| (l) | terms for cooperation with international organisations and networks with which it shares goals and tasks and the terms under which the Executive Board may establish working relations with governments and organisations, whether national or international, governmental or non-governmental. |
| --- | --- |

(l)

terms for cooperation with international organisations and networks with which it shares goals and tasks and the terms under which the Executive Board may establish working relations with governments and organisations, whether national or international, governmental or non-governmental.

| (m) | location of the Common Facilities. |
| --- | --- |

(m)

location of the Common Facilities.

| (n) | proposals for the amendment of the Statutes. |
| --- | --- |

(n)

proposals for the amendment of the Statutes.

| (o) | termination of LifeWatch ERIC. |
| --- | --- |

(o)

termination of LifeWatch ERIC.

| (p) | any other matter attributed to the General Assembly by these Statutes or by Implementing Rules; and |
| --- | --- |

(p)

any other matter attributed to the General Assembly by these Statutes or by Implementing Rules; and

| (q) | any other matter necessary for LifeWatch ERIC to fulfil its tasks and activities. |
| --- | --- |

(q)

any other matter necessary for LifeWatch ERIC to fulfil its tasks and activities.

4.   The General Assembly shall be composed of representatives of the members and observers. Observers shall be allowed to speak with the permission of the General Assembly Chairperson. Without prejudice to the majority required under Article 3(3), each member shall have one vote in the General Assembly. The member shall appoint a head of delegation with the right to vote for all the representative entities designated by it.

5.   The General Assembly shall meet at least once a year. The Executive Board and the Standing Committee may call an extraordinary General Assembly meeting if issues of importance arise that cannot be delayed until the next scheduled General Assembly meeting. An extraordinary General Assembly meeting may be convened by a qualified majority vote of all the members. In extraordinary General Assembly meetings, votes can also be taken by mail ballot or via telecommunication according to Implementing Rules of procedure of the General Assembly.

6.   The General Assembly shall elect a Chairperson, and a Vice-Chairperson who shall substitute the Chairperson in his/her absence and in case of conflict of interest, from the delegations of the members for a period of two years, renewable for two years. The Chairperson shall determine the place, time and agenda of the General Assembly meeting which shall be notified to the members three months in advance. General Assembly members may submit proposals for the agenda in accordance with the Implementing Rules of Procedure of the General Assembly.

7.   The quorum for a valid General Assembly meeting shall be the presence of 50 % of members, representing more than 50 % of the cash contributions. If this quorum is not met, the Chairperson may convene a new meeting, which shall be notified in writing to the members one month in advance of the new meeting which will need the same quorum to be valid.

8.   A member may be represented by another member if notified in writing to the Chairperson prior to any meeting of the General Assembly.

9.   The General Assembly shall strive to reach decisions by consensus. If consensus cannot be reached, decisions shall be taken by vote according to the type of majority required by Implementing Rules on the rules of procedure of the General Assembly. These Implementing Rules shall determine the majority required without prejudice to Article 3(3) and specific majorities required under the provisions of the Statutes.

Qualified majority will be required for the adoption of the following decisions:

| (a) | Acceptance of intergovernmental organisations as members, in accordance with Article 4(2). |
| --- | --- |

(a)

Acceptance of intergovernmental organisations as members, in accordance with Article 4(2).

| (b) | Termination of membership or observer status, in accordance with Article 5(5). |
| --- | --- |

(b)

Termination of membership or observer status, in accordance with Article 5(5).

| (c) | Call for an Extraordinary General Assembly meeting, in accordance with Article 8(5). |
| --- | --- |

(c)

Call for an Extraordinary General Assembly meeting, in accordance with Article 8(5).

| (d) | Winding-up of the LifeWatch ERIC, in accordance with Article 19(1). |
| --- | --- |

(d)

Winding-up of the LifeWatch ERIC, in accordance with Article 19(1).

| (e) | Proposal for amendments of the Statutes, in accordance with Article 23(1). |
| --- | --- |

(e)

Proposal for amendments of the Statutes, in accordance with Article 23(1).

| (f) | Change of the location of the statutory seat, in accordance with Article 23(2) |
| --- | --- |

(f)

Change of the location of the statutory seat, in accordance with Article 23(2)

| (g) | Work Programme and budget. |
| --- | --- |

(g)

Work Programme and budget.

| (h) | Basic financial contributions of the members. |
| --- | --- |

(h)

Basic financial contributions of the members.

| (i) | Approval of the annual report and annual accounts. |
| --- | --- |

(i)

Approval of the annual report and annual accounts.

| (j) | Appointment or dismissal of the Chief Executive Officer and any other member of the Executive Board. |
| --- | --- |

(j)

Appointment or dismissal of the Chief Executive Officer and any other member of the Executive Board.

| (k) | Election of Chairperson and Vice-Chairperson of the General Assembly. |
| --- | --- |

(k)

Election of Chairperson and Vice-Chairperson of the General Assembly.

| (l) | Adoption and amendments of the Implementing Rules. |
| --- | --- |

(l)

Adoption and amendments of the Implementing Rules.

10.   The following understanding shall apply to the determination of voting majorities required by the Statutes or the Implementing Rules:

| (a) | ‘consensus’ shall mean approval by all members without any formal objection and without any need to vote on the proposal, notwithstanding the right to reflect non-binding reservations or understandings in the minutes of the meeting. If any member formulates an objection, the General Assembly shall proceed to vote formally under the particular majority voting rules established for the different matters to be decided. |
| --- | --- |

(a)

‘consensus’ shall mean approval by all members without any formal objection and without any need to vote on the proposal, notwithstanding the right to reflect non-binding reservations or understandings in the minutes of the meeting. If any member formulates an objection, the General Assembly shall proceed to vote formally under the particular majority voting rules established for the different matters to be decided.

| (b) | ‘simple majority’ shall mean majority of the votes of the members present at the meeting. |
| --- | --- |

(b)

‘simple majority’ shall mean majority of the votes of the members present at the meeting.

| (c) | ‘absolute majority’ shall mean more than 1/2 of the votes of the members present or represented by proxy at the meeting, representing more than 50 % of the in-cash contributions. |
| --- | --- |

(c)

‘absolute majority’ shall mean more than 1/2 of the votes of the members present or represented by proxy at the meeting, representing more than 50 % of the in-cash contributions.

| (d) | ‘qualified majority’ means at least 2/3 of the votes of the members present or represented by proxy at the meeting, representing more than 50 % of the in-cash contributions. |
| --- | --- |

(d)

‘qualified majority’ means at least 2/3 of the votes of the members present or represented by proxy at the meeting, representing more than 50 % of the in-cash contributions.

Article 9

Executive Board

1.   The Executive Board of LifeWatch ERIC shall be responsible for the day-to-day management.

2.   The Executive Board shall prepare the meetings of the General Assembly, implement its decisions, and coordinate and manage the overall activities of LifeWatch ERIC.

3.   The Executive Board shall ensure consistency, coherence and stability of infrastructure services through decisions on implementation as well as coordination between the Common Facilities and Distributed Centres.

4.   The members of the Executive Board shall be appointed by the General Assembly. The Executive Board shall be composed of a maximum of five members and a minimum of three: the Chief Executive Officer (CEO), the Chief Financial Officer (CFO) and the Director of Information and Communication Technologies (CTO), the three of which shall be employees of the LifeWatch ERIC. The CEO shall be the Chair of the Executive Board. The term of office of the members of the Executive Board, shall be 5 years and renewable. The General Assembly shall approve protocols on conflicts of interests for the members of the Executive Board. The CEO shall be the legal representative of LifeWatch ERIC.

5.   The General Assembly may set up the terms of reference for the tasks of the Executive Board.

6.   The Executive Board shall be collectively accountable before the General Assembly for all its activities. If a motion of censure is approved, the CEO and all the members of the Executive Board shall resign, unless the motion is addressed to specific members of the Executive Board, in which case the resignation shall be mandatory for those members.

7.   During the period of the first five years after the establishment of the LifeWatch ERIC and pending its full operational functionality, the General Assembly may decide to attribute whole or part of the powers of the Executive Board to the CEO.

Article 10

Subsidiary Bodies

1.   The General Assembly shall establish the Standing Committee, the Financial Committee, the Scientific and Technical Advisory Board, the Ethics Committee, as well as any other Committees required for the proper functioning of LifeWatch ERIC. The General Assembly shall approve Implementing Rules and Guidelines, including Implementing Rules on the procedures for their adequate establishment and functioning.

The Standing Committee shall be composed of the heads of the delegations of the Member States under Article 8(4), shall have up to ten members. They shall be elected by the General Assembly for periods of three years renewable. The Chairpersons of the General Assembly and of the Financial Committee shall be members ex officio of the Standing Committee. The Standing Committee shall meet at least three times per year with the Executive Board as provided for by the Implementing Rules.

2.   The Standing Committee, shall:

| (a) | be in charge of the supervision and control of the management of LifeWatch ERIC by the Executive Board during the inter-sessional periods of the General Assembly under Article 8(5). |
| --- | --- |

(a)

be in charge of the supervision and control of the management of LifeWatch ERIC by the Executive Board during the inter-sessional periods of the General Assembly under Article 8(5).

| (b) | be informed on all matters concerning the management of LifeWatch ERIC as requested by any of its members and report to the General Assembly, and in particular on any substantial budgetary and technical deviations from annual and pluri-annual programmed budget and activities. |
| --- | --- |

(b)

be informed on all matters concerning the management of LifeWatch ERIC as requested by any of its members and report to the General Assembly, and in particular on any substantial budgetary and technical deviations from annual and pluri-annual programmed budget and activities.

| (c) | make recommendations to the CFO on the elaboration of the drafts of the budgets under Article 14. |
| --- | --- |

(c)

make recommendations to the CFO on the elaboration of the drafts of the budgets under Article 14.

3.   The Implementing Rules shall regulate the appointment of members and the terms under which the Ethics Committee will exercise its functions. The General Assembly, the Standing Committee or the Executive Board may invite the Ethics Committee to make recommendations on specific issues concerning the policies of LifeWatch ERIC described in Articles 9(4), 12, 13, 15 and 17.

CHAPTER 5

REPORTING TO THE COMMISSION

Article 11

Reporting to the European Commission

1.   LifeWatch ERIC shall produce an annual activity report, containing in particular the scientific, operational and financial aspects of its activities. The report shall be approved by the General Assembly and transmitted to the European Commission and relevant public authorities within six months from the end of the corresponding financial year. The report shall be made publicly available.

2.   LifeWatch ERIC shall inform the Commission of any circumstances which threaten to seriously jeopardise the achievement of its tasks or hinder LifeWatch ERIC from fulfilling requirements laid down in Regulation (EC) No 723/2009.

CHAPTER 6

POLICIES

Article 12

Employment Policies

1.   LifeWatch ERIC shall not discriminate on the basis of race, ethnicity, religion, gender, age, physical or mental disability, sexual orientation, or because of marital or parental status. This policy shall extend to all rights, privileges and activities of staff. LifeWatch ERIC may engage in policies of affirmative action concerning female staff for which purpose the General Assembly shall approve an affirmative action plan before any staff contract is announced.

2.   The CEO shall have management authority over the staff and shall be responsible for the conditions of employment and for each position announced for recruitment, subject to budgetary limits approved by the General Assembly, Implementing Rules, Guidelines and policy decisions taken by the General Assembly. The CEO, unless otherwise stated, may delegate specific functions to one or more members of the Executive Board.

3.   LifeWatch ERIC's recruiting, interviewing, hiring and promotion/demotion activities shall be carried out in a manner consistent with the principles of paragraph 1 and shall abide by the principles and restrictions on employment set out in Implementing Rules, Guidelines or general mandates or policies approved by the General Assembly.

4.   The employment policies set out in the Implementing Rules shall be based on the principles and conditions approved by the General Assembly and be subject to applicable laws and regulations of the Host Member State or the laws of the country where the activities of LifeWatch ERIC are conducted.

Article 13

Procurement policies and tax exemptions

1.   All tenders shall be published on the LifeWatch ERIC website and in the members' and observers' territories. LifeWatch ERIC shall include a declaration of tendered procurements in the annual activity report.

2.   The General Assembly shall approve Implementing Rules on public procurement that shall determine the minimum amount beyond which contracts shall only be awarded after advice from the Scientific and Technical Advisory Board.

3.   The procurement policy of LifeWatch ERIC shall be based on the principles of transparency, non-discrimination, and competition, taking into account the need of ensuring that bids fulfil the best technical, financial and delivery requirements, while providing advanced notification to industry and service providers about required specifications.

Tax exemptions according to the Article 5(1)(d) of Regulation (EC) No 723/2009 shall be limited to the acquisition by LifeWatch ERIC, including the Common Facilities as defined in Article 2(3), of goods and services needed for its official use and non- economic activities, being of a substantial value, understanding by such when the taxable amount of the operation documented in the corresponding invoice is equal or higher than EUR 300,50, and is wholly paid by LifeWatch ERIC. No further limits shall apply.

Article 14

Resources, Budgetary Principles, Liability and Insurance

1.   The resources of LifeWatch ERIC shall consist of membership contributions, grants, donations, contracts, and any other source related with its non-economic activity, without prejudice to paragraphs 2 and 3. The economic activities shall be closely related to its task and activities and should not jeopardise their achievement. Revenues from the economic activities shall be recorded separately on the basis of charged market price, or, if these cannot be ascertained, full costs plus a reasonable margin.

2.   The budget of LifeWatch ERIC shall be prepared for the Executive Board by the CFO, following the recommendations of the Standing Committee, and submitted to the approval of the General Assembly by the Executive Board, following the recommendations of the Standing Committee. It shall be managed by the Executive Board, subject to the advice of the Financial Committee, in accordance with the principles of sound financial management, budgetary balance and transparency. The Financial Committee shall be composed by representatives of the members appointed following the procedure set out in Implementing Rules approved by the General Assembly.

In order to comply with these principles, the Executive Board shall:

| (a) | ensure that true and accurate accounts are kept of all income and expenditure. |
| --- | --- |

(a)

ensure that true and accurate accounts are kept of all income and expenditure.

| (b) | establish internal controls, including internal audits, to enhance the effective and efficient use of the resources. |
| --- | --- |

(b)

establish internal controls, including internal audits, to enhance the effective and efficient use of the resources.

| (c) | have the accounts of LifeWatch ERIC examined every year by auditors appointed by the General Assembly and their written report circulated to all members accompanied by comments of the CEO and by any of the members of the Executive Board. |
| --- | --- |

(c)

have the accounts of LifeWatch ERIC examined every year by auditors appointed by the General Assembly and their written report circulated to all members accompanied by comments of the CEO and by any of the members of the Executive Board.

3.   LifeWatch ERIC shall be liable for its debts. The members shall not be jointly liable for the debts of LifeWatch ERIC. The liability of the members for the debts of LifeWatch ERIC shall be limited to their respective contributions.

4.   The Executive Board shall take appropriate insurance to cover the risks specific to the construction and operation of LifeWatch ERIC.

Article 15

Access to LifeWatch ERIC Facilities and Dissemination Policy

1.   LifeWatch ERIC shall be a facilitator of research and learning and shall not restrict access to available data and algorithms unless these are in conflict with any conditions of use agreed in advance with their owner(s).

2.   LifeWatch shall establish and operate its infrastructure for biodiversity and ecosystem research at the European level. The services provided shall be determined by a decision of the General Assembly which may distinguish between the services provided to members and non-members and their researchers.

3.   Decisions on the prioritisation of the specific services provided by LifeWatch ERIC shall be adopted by the General Assembly, taking into consideration the outcome of an independent evaluation process lead by the Scientific and Technical Advisory Board.

4.   In case the capacity to provide access is limited for financial and/or technical reasons, the General Assembly shall establish, within its available resources, competitive grant programmes to allow successful applicants to benefit from the proposed capabilities. Applications from any country over the world shall be assessed by independent Evaluation Committees nominated by the Executive Board, following suggestions from the Scientific and Technical Advisory Board. The grant programmes, the evaluation procedure and terms of reference that the General Assembly may establish shall meet generic requirements of scientific excellence and fair practices.

5.   The Executive Board may propose to the General Assembly policies on requirements concerning general or ad hoc legal relationships with data users. Access for the general public shall be granted unless the services or resources are constrained by licensing conditions imposed by the owners. LifeWatch ERIC shall follow relevant European Union policies and regulations.

6.   The General Assembly, subject to Article 3(2) of the Regulation (EC) No 723/2009, by an absolute majority vote may decide to charge fees for general access to specific communities or to all of them concerning specific services provided by LifeWatch ERIC, as well as to license its own tools or products either as commons or submitted to licensing.

7.   The data access and dissemination policy of LifeWatch ERIC shall follow the best international practices with respect to public data, such as those established by the European Union, and shall recognise the rights of the owners of data and algorithms and shall take full account of any related ethical or legal issues. LifeWatch ERIC shall promote excellence in research, teaching and learning and support a culture of ‘best practice’ through promotional and training activities.

8.   LifeWatch ERIC shall encourage researchers using LifeWatch ERIC to make their research results publicly available and shall request researchers of members to make results available through LifeWatch ERIC.

9.   The dissemination policy shall identify the various target groups, and LifeWatch ERIC shall use several channels to reach these groups, such as web portal, newsletter, workshops, presence in conferences, articles in magazines and daily newspapers.

Article 16

Scientific and Technical Evaluations

1.   LifeWatch ERIC shall establish a Scientific and Technical Advisory Board as an independent body of qualified scientists and experts. Its terms of reference shall be proposed by the Executive Board to the General Assembly for approval. The members of the Scientific and Technical Advisory Board shall be appointed for a term of four years' renewable. The Scientific and Technical Advisory Board may issue recommendations to the Executive Board. These recommendations shall be fully disclosed to the General Assembly which may issue Implementing Rules or Guidelines for further guidance to the Executive Board.

2.   The General Assembly may approve appropriate compensation for the tasks undertaken by the members of the Scientific and Technical Advisory Board and Evaluation Committees.

3.   An Ad-hoc Evaluation Committee shall be established at the fourth year of each five-year period of planning to assess the overall scientific and technical performance of LifeWatch ERIC and to make strategic recommendations for the next five-year period. Its members shall be appointed by the General Assembly, taking into account the recommendations of the Scientific and Technical Advisory Board. They shall be appointed on a personal basis, not representing any particular country or institution.

Article 17

Data Access and Intellectual Property Rights Policies

1.   LifeWatch ERIC acknowledges that part of its value as an infrastructure is based on the enhancement of the benefits of knowledge which is in the public domain. Open Source and Open Access principles shall be favoured.

2.   LifeWatch ERIC shall provide guidance to researchers to ensure that research using material made accessible through LifeWatch ERIC shall be undertaken within a framework that recognises the rights of data owners and privacy of individuals. Provenance of data shall be ensured and the data policy of LifeWatch ERIC, when depending on contributing external data resources and/or other infrastructures, shall be subject to agreements with these partners in accordance with this Article, and shall be managed by one of the members of the Executive Board determined by the General Assembly.

3.   Users and service providers, having access to data, know-how or other intellectual property rights resources in the custody of, or generated by LifeWatch ERIC, shall acknowledge the intellectual property rights and other rights of owners vested in the submission information protocols or agreements and memoranda of understanding. LifeWatch ERIC data users and service providers must demonstrate due diligence in ensuring that rights in the data within their custody are appropriately managed.

4.   LifeWatch ERIC shall ensure that users agree to the terms and conditions governing access, and that suitable security arrangements are in place regarding internal storage and handling.

5.   LifeWatch ERIC shall publish the arrangements for investigating and resolving allegations of internal professional misconduct, security breaches or confidentiality disclosure regarding data and services in its custody.

CHAPTER 7

DURATION, WINDING-UP, DISPUTES, APPLICABLE LAW, AND AMENDMENT PROVISIONS

Article 18

Duration

LifeWatch ERIC shall be established for an indefinite period of time.

Article 19

Winding-up and Insolvency

1.   The winding up of LifeWatch ERIC shall be decided by a qualified majority vote of the General Assembly.

2.   Without undue delay and in any event within 10 days after adoption of the decision to wind up LifeWatch ERIC, LifeWatch ERIC shall notify the European Commission about the decision.

3.   Upon adoption of the decision to wind up LifeWatch ERIC, its Executive Board, acting in accordance with the laws of the jurisdiction of the Host Member State, shall arrange for the liquidation of its assets and activities, under the following principles:

| (a) | Any physical support item made available by the member hosting a Common Facility or Distributed Centre shall be returned. |
| --- | --- |

(a)

Any physical support item made available by the member hosting a Common Facility or Distributed Centre shall be returned.

| (b) | Any further assets shall be used to cover the liabilities of LifeWatch ERIC and the costs relating to its winding up. Any financial surplus shall be distributed among the members at the time of the winding up in proportion to their total basic financial contributions made from the beginning of the operation of LifeWatch ERIC. |
| --- | --- |

(b)

Any further assets shall be used to cover the liabilities of LifeWatch ERIC and the costs relating to its winding up. Any financial surplus shall be distributed among the members at the time of the winding up in proportion to their total basic financial contributions made from the beginning of the operation of LifeWatch ERIC.

| (c) | Concerning in-kind and other contributions, the Executive Board after approval by the General Assembly and as far as practicable, may transfer LifeWatch ERIC activities and know-how to institutions with similar objectives. In case that there are no equivalent institutions, the assets other than financial surplus remaining after payment of LifeWatch ERIC debts shall be apportioned among the members in proportion to their accumulated annual contributions unless otherwise provided for under service level agreements. Where possible, allocation of assets will be made to the members who have contributed them. |
| --- | --- |

(c)

Concerning in-kind and other contributions, the Executive Board after approval by the General Assembly and as far as practicable, may transfer LifeWatch ERIC activities and know-how to institutions with similar objectives. In case that there are no equivalent institutions, the assets other than financial surplus remaining after payment of LifeWatch ERIC debts shall be apportioned among the members in proportion to their accumulated annual contributions unless otherwise provided for under service level agreements. Where possible, allocation of assets will be made to the members who have contributed them.

4.   The winding-up leading to the decommissioning of LifeWatch shall be subject to the deadlines applicable to the withdrawal and termination of membership provided for under Articles 5(1), 5(2), and 5(6).

5.   LifeWatch ERIC shall cease to exist on the day on which the European Commission publishes the appropriate notice in the Official Journal of the European Union.

Article 20

Applicable law

LifeWatch ERIC shall be governed, by precedence:

| (a) | By European Union law, in particular Regulation (EC) No 723/2009 and the decisions referred to in Articles 6(1)(a) and 11(1) of the Regulation. |
| --- | --- |

(a)

By European Union law, in particular Regulation (EC) No 723/2009 and the decisions referred to in Articles 6(1)(a) and 11(1) of the Regulation.

| (b) | By the law of the Host Member State in case of a matter not covered (or only partly covered) by European Union law. |
| --- | --- |

(b)

By the law of the Host Member State in case of a matter not covered (or only partly covered) by European Union law.

| (c) | By the Statutes and their Implementing Rules. |
| --- | --- |

(c)

By the Statutes and their Implementing Rules.

Article 21

Disputes

1.   The Court of Justice of the European Union shall have jurisdiction over litigation among the members in relation to LifeWatch ERIC, between members and LifeWatch ERIC and over any litigation to which the European Union is a party.

2.   European Union law on jurisdiction shall apply to disputes between LifeWatch ERIC and third parties. In cases not covered by European Union law, the law of the Host Member State shall determine the competent jurisdiction for the resolution of such disputes.

Article 22

Availability of the Statutes

The Statutes shall be updated and made publicly available at LifeWatch ERIC website and at the statutory seat as well as in the premises of the Common Facilities and every Distributed LifeWatch Centre.

Article 23

Amendments to the Statutes

1.   Without prejudice to Article 3(3), proposals for amendments to the Statutes, including Annex 2, shall be adopted by a qualified majority vote of the members of LifeWatch ERIC. Members voting against the proposed amendment may withdraw from LifeWatch ERIC after settling their outstanding obligations.

2.   Proposals for amendments may be submitted by any member supported by at least two other members. Proposed amendments shall be submitted to the Chairperson of the General Assembly not less than three months before the regular annual meeting, or before an extraordinary meeting called for that purpose, proposed amendments shall be communicated to the members at least two months in advance of the General Assembly meeting.

3.   Change of the location of the statutory seat shall be approved by a qualified majority vote taking into account investments made by the Host Member State.

CHAPTER 8

SETTING-UP AND TRANSITIONAL PROVISIONS

Article 24

Setting-up provisions

No later than 45 calendar days after the Decision of the Commission to set-up LifeWatch ERIC takes effect, a constitutional meeting of the General Assembly shall be called by the Host Member State. The Host Member State shall notify the founding members of any specific urgent action that needs to be taken before the constitutional meeting is held. Unless a founding member objects within five working days after being notified, the aforementioned action shall be carried out by a person duly authorised by the Host Member State.

Article 25

Transitional Provision

Agreed and certified contributions for the implementation of LifeWatch Research Infrastructure made by the members during the transition phase after February 11, 2011 and prior to the establishment of LifeWatch ERIC shall be taken into account as cash or in-kind contributions to LifeWatch ERIC for the first five-year period, following the rules on valuation of in-kind contributions approved by the General Assembly under Article 8(3.e) and section A2.I.6 of Annex 2.

---

(1)  OJ L 206, 8.8.2009, p. 1.

---

ANNEX 1

LIST OF MEMBERS, OBSERVERS AND REPRESENTING ENTITIES

| Countries | Representing Entities |
| --- | --- |
| Belgium | Belgium Science Policy Office (BELSPO)
  Department of Economy, Science and Innovation (EWI)
  Directorate-General of Non-compulsory Education and Scientific Research (DGENORS) |
| Greece | Hellenic Centre for Marine Research (HCMR) |
| Spain | Ministry of Economy, Industry and Competitiveness (MINECO)
  Ministry of Agriculture & Fishing, Food & Environment (MAPAMA)
  Regional Government of Andalusia (Junta de Andalucía) |
| Italian Republic | National Research Council (CNR) |
| The Netherlands | Netherlands Organisation for Scientific Research (NWO) |
| Portugal | |
| Romania | |
| Slovenia | Ministry of Science, Education and Sport (MIZS) |

Countries

Representing Entities

Belgium

Belgium Science Policy Office (BELSPO)

Department of Economy, Science and Innovation (EWI)

Directorate-General of Non-compulsory Education and Scientific Research (DGENORS)

Greece

Hellenic Centre for Marine Research (HCMR)

Spain

Ministry of Economy, Industry and Competitiveness (MINECO)

Ministry of Agriculture & Fishing, Food & Environment (MAPAMA)

Regional Government of Andalusia (Junta de Andalucía)

Italian Republic

National Research Council (CNR)

The Netherlands

Netherlands Organisation for Scientific Research (NWO)

Portugal

Romania

Slovenia

Ministry of Science, Education and Sport (MIZS)

Observers

| Countries | Representing Entities |
| --- | --- |
| | |
| | |

Countries

Representing Entities

---

ANNEX 2

FINANCIAL AND IN-KIND CONTRIBUTIONS

A2.I.   Basic Financial Contributions of the members.

| A2.I.1. | The contribution of each country as member of LifeWatch ERIC for every period of five years shall be adopted by the General Assembly, taking into account the corresponding multiannual Work Programme and its related Indicative Budget. Decisions on the five-year periods contributions shall be adopted by consensus, and when consensus is not reached, by qualified majority vote of the General Assembly. The proposed contributions for the different members during the first five years are presented in paragraph A2.V of this Annex. |
| --- | --- |

A2.I.1.

The contribution of each country as member of LifeWatch ERIC for every period of five years shall be adopted by the General Assembly, taking into account the corresponding multiannual Work Programme and its related Indicative Budget. Decisions on the five-year periods contributions shall be adopted by consensus, and when consensus is not reached, by qualified majority vote of the General Assembly. The proposed contributions for the different members during the first five years are presented in paragraph A2.V of this Annex.

| A2.I.2. | The country contributions shall be based on the linear GDP-scale, provided that there shall always be a minimum threshold contribution for countries with smaller economies and that there shall always be a maximum amount, under objective rules, for each of the countries with larger economies.
  The contributions of intergovernmental organisations becoming full members of LifeWatch ERIC shall be subject to the General Assembly decision by consensus, and when consensus cannot be, by qualified majority vote of the General Assembly. |
| --- | --- |

A2.I.2.

The country contributions shall be based on the linear GDP-scale, provided that there shall always be a minimum threshold contribution for countries with smaller economies and that there shall always be a maximum amount, under objective rules, for each of the countries with larger economies.

The contributions of intergovernmental organisations becoming full members of LifeWatch ERIC shall be subject to the General Assembly decision by consensus, and when consensus cannot be, by qualified majority vote of the General Assembly.

| A2.I.3. | The calculation of the linear GDP scale shall be based on the share of the GDP in the total GDP of the members, using the Eurostat statistics as the basis for the calculation. An average over the three previous years shall be used to determine the GDP amount for each member. For countries outside Europe, World Bank statistics over the same period shall be used. |
| --- | --- |

A2.I.3.

The calculation of the linear GDP scale shall be based on the share of the GDP in the total GDP of the members, using the Eurostat statistics as the basis for the calculation. An average over the three previous years shall be used to determine the GDP amount for each member. For countries outside Europe, World Bank statistics over the same period shall be used.

| A2.I.4. | The contributions shall be allocated to the operating costs. During the first five years, reasonable consideration shall be given to the needs of initial or subsequent construction investments on the Common Facilities and the initial LifeWatch Centre or Centres established under paragraph A2.II. |
| --- | --- |

A2.I.4.

The contributions shall be allocated to the operating costs. During the first five years, reasonable consideration shall be given to the needs of initial or subsequent construction investments on the Common Facilities and the initial LifeWatch Centre or Centres established under paragraph A2.II.

| A2.I.5. | The contribution may be provided in cash or in-kind. The maximum percentage of the in-kind contribution shall not be more than 85 % of the national contribution. The annual 15 % in cash contribution shall be allocated to the costs of common operations of LifeWatch ERIC.
  Members may decide to allocate part or all of their in-kind contributions to their Distributed LifeWatch Centres, as soon as the financial management of the Common Facilities is ensured, and the 15 % minimum in cash contribution is transferred to the bank account of LifeWatch ERIC, and both circumstances have been duly certified by the Chief Financial Officer. |
| --- | --- |

A2.I.5.

The contribution may be provided in cash or in-kind. The maximum percentage of the in-kind contribution shall not be more than 85 % of the national contribution. The annual 15 % in cash contribution shall be allocated to the costs of common operations of LifeWatch ERIC.

Members may decide to allocate part or all of their in-kind contributions to their Distributed LifeWatch Centres, as soon as the financial management of the Common Facilities is ensured, and the 15 % minimum in cash contribution is transferred to the bank account of LifeWatch ERIC, and both circumstances have been duly certified by the Chief Financial Officer.

| A2.I.6. | The valuation of in-kind contributions shall follow rules as approved by the General Assembly as part of the Implementing Rules on these contributions in accordance with Article 8(3)(e). |
| --- | --- |

A2.I.6.

The valuation of in-kind contributions shall follow rules as approved by the General Assembly as part of the Implementing Rules on these contributions in accordance with Article 8(3)(e).

A2.II.   Additional investment contributions or assumption of a larger quota of the operating costs.

Members may decide to further contribute to LifeWatch development by contributing to the original investment on the first Common Facilities of LifeWatch ERIC, or their subsequent upgrade or by developing new Distributed LifeWatch Centres or performing large improvement of common services. Such contributions could also consist of additional contributions to the Basic Financial Contribution of paragraph A.2.I.

A2.III.   New members' contributions.

| A2.III.1. | The Basic Financial Contributions of new members of LifeWatch ERIC shall be in accordance with the rules established in paragraph A2.I of this Annex. |
| --- | --- |

A2.III.1.

The Basic Financial Contributions of new members of LifeWatch ERIC shall be in accordance with the rules established in paragraph A2.I of this Annex.

| A2.III.2. | Countries that do not enter LifeWatch ERIC upon its establishment, but at a later stage during a five-year period, shall pay their established initial share corresponding to the remaining time of the five-year period in force at the moment of their accession. |
| --- | --- |

A2.III.2.

Countries that do not enter LifeWatch ERIC upon its establishment, but at a later stage during a five-year period, shall pay their established initial share corresponding to the remaining time of the five-year period in force at the moment of their accession.

A2.IV.   Other principles concerning contributions of members.

| A2.IV.1. | The contributions listed in the previous paragraphs may be allocated by the members to the representing entities. In such case, the representing entity shall be responsible of the contribution, without prejudice to the members' ultimate responsibility for the contribution in case of a failure. |
| --- | --- |

A2.IV.1.

The contributions listed in the previous paragraphs may be allocated by the members to the representing entities. In such case, the representing entity shall be responsible of the contribution, without prejudice to the members' ultimate responsibility for the contribution in case of a failure.

| A2.IV.2. | The members and representative entities shall agree sharing the data under their control, which the General Assembly might decide that is of interest to the objective and tasks of LifeWatch ERIC, unless such data is not in the public domain or under their control, and without prejudice to the allocation to LifeWatch ERIC of the costs of making them interoperable, unless these costs are included as in-kind contribution of the member. |
| --- | --- |

A2.IV.2.

The members and representative entities shall agree sharing the data under their control, which the General Assembly might decide that is of interest to the objective and tasks of LifeWatch ERIC, unless such data is not in the public domain or under their control, and without prejudice to the allocation to LifeWatch ERIC of the costs of making them interoperable, unless these costs are included as in-kind contribution of the member.

A2.V.   Members' contributions during the first five years (1).

| Country | GDP average 2010-2012
  (EUR million) | Contribution to LifeWatch ERIC (15 %) in cash | Valuation of in kind projects to be realised |
| --- | --- | --- | --- |
| BE Belgium | 367 426 | 959 644 | 5 437 980 |
| EL Greece | 208 144 | 543 631 | 3 080 576 |
| ES Spain | 1 053 921 | 2 423 250 | 13 731 749 |
| IT Italy | 1 565 433 | 3 599 354 | 20 396 342 |
| NL Netherlands | 595 058 | 1 554 172 | 8 806 972 |
| PT Portugal | 169 720 | 443 274 | 2 511 888 |
| RO Romania | 129 134 | 375 000 | 2 125 000 |
| SI Slovenia | 35 748 | 375 000 | 2 125 000 |

Country

GDP average 2010-2012

(EUR million)

Contribution to LifeWatch ERIC (15 %) in cash

Valuation of in kind projects to be realised

BE Belgium

367 426

959 644

5 437 980

EL Greece

208 144

543 631

3 080 576

ES Spain

1 053 921

2 423 250

13 731 749

IT Italy

1 565 433

3 599 354

20 396 342

NL Netherlands

595 058

1 554 172

8 806 972

PT Portugal

169 720

443 274

2 511 888

RO Romania

129 134

375 000

2 125 000

SI Slovenia

35 748

375 000

2 125 000

The activities of LifeWatch ERIC undertaken with the resources described in Article 14(1) shall not entail an increase of the contributions of the States member of LifeWatch ERIC listed in the previous paragraph, including the 15 % in cash annual contribution, increased as other States become members, without prejudice of the eventual revision and/or adaptation under Article 8(3)(f).

When joining LifeWatch ERIC, States commit themselves to the annual payment of the 15 % cash contribution to LifeWatch ERIC. The value of the 85 % in-kind contributions shall be adjusted to the calculation of their functionality for the tasks and activities of LifeWatch ERIC.

---

(1)  Amounts are calculated based on the data of the years 2010, 2011, and 2012. Expected annual contributions from members to LifeWatch ERIC result from dividing by five their corresponding figures presented as ‘Contribution to LifeWatch ERIC’ in the table included in this Annex. The valuation of in-kind projects to be realised during the overall five-year period will be performed according to the costs of particular projects identified in the cost book of LifeWatch ERIC as prepared during its preparatory phase.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 22.3.2017 | EN | Official Journal of the European Union | C 89/16 |
| --- | --- | --- | --- |

22.3.2017

EN

Official Journal of the European Union

C 89/16

---

The following information is brought to the attention of MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem; a.k.a. BIN KHALID, Fahd Bin Adballah; a.k.a. HENIN, Ashraf Refaat Nabith; a.k.a. WADOOD, Khalid Adbul), ‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu’llah Military Wing’ a.k.a. ‘Hizb Allah Military Wing’, including the ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)), ‘POPULAR FRONT FOR THE LIBERATION OF PALESTINE (PFLP)’, ‘POPULAR FRONT FOR THE LIBERATION OF PALESTINE-GENERAL COMMAND, (a.k.a. PFLP-General Command)’, ‘FUERZAS ARMADAS REVOLUCIONARIAS DE COLOMBIA’ — ‘FARC’ (‘Revolutionary Armed Forces of Colombia’) — persons, groups and entities included on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism

(see Annex to Council Implementing Regulation (EU) 2017/150 of 27 January 2017)

(2017/C 89/02)

The following information is brought to the attention of the abovementioned person, groups and entities listed in Council Implementing Regulation (EU) 2017/150 (1).

Council Regulation (EC) No 2580/2001 (2) provides for a freezing of all funds, other financial assets and economic resources belonging to the person, groups and entities concerned and that no funds, other financial assets and economic resources may be made available to them, whether directly or indirectly.

The Council has been provided with new information relevant to the listing of the abovementioned person, groups and entities. Having considered this new information, the Council has amended the statements of reasons accordingly.

The person, groups and entities concerned may submit a request to obtain the updated Council’s statements of reasons for maintaining them on the abovementioned list to the following address:

| Council of the European Union (Attn: CP 931 designations) |
| --- |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union (Attn: CP 931 designations)

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

Such a request should be submitted by 27 March 2017.

The person, groups and entities concerned may submit at any time a request to the Council, together with any supporting documentation, that the decision to include and maintain them on the list should be reconsidered, to the address provided above. Such requests will be considered when they are received. In this respect, the attention of the persons, groups and entities concerned is drawn to the regular review by the Council of the list according to Article 1(6) of Common Position 2001/931/CFSP (3). In order for requests to be considered at the next review, it should be submitted by 12 April 2017.

The attention of the person, groups and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as listed in the Annex to the Regulation in order to obtain an authorisation to use frozen funds for essential needs or specific payments in accordance with Article 5(2) of that Regulation.

---

(1)  OJ L 23, 28.1.2017, p. 3.

(2)  OJ L 344, 28.12.2001, p. 70.

(3)  OJ L 344, 28.12.2001, p. 93.

---

| 22.3.2017 | EN | Official Journal of the European Union | C 89/18 |
| --- | --- | --- | --- |

22.3.2017

EN

Official Journal of the European Union

C 89/18

---

Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2011/172/CFSP, as amended by Decision (CFSP) 2017/496, and in Council Regulation (EU) No 270/2011 concerning restrictive measures in view of the situation in Egypt apply

(2017/C 89/03)

The following information is brought to the attention of the persons who appear in the Annex to Council Decision 2011/172/CFSP (1) and in Annex I to Council Regulation (EU) No 270/2011 (2) concerning restrictive measures in view of the situation in Egypt.

The Council of the European Union has determined that the persons that appear in the abovementioned Annexes should continue to be included in the list of persons, entities and bodies subject to restrictive measures provided for in Decision 2011/172/CFSP and in Regulation (EU) No 270/2011.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) No 270/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned lists should be reconsidered. They should be presented before 15 December 2017 to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 76, 22.3.2011, p. 63.

(2)  OJ L 76, 22.3.2011, p. 4.

---

| 22.3.2017 | EN | Official Journal of the European Union | C 89/19 |
| --- | --- | --- | --- |

22.3.2017

EN

Official Journal of the European Union

C 89/19

---

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 270/2011, as implemented by Council Implementing Regulation (EU) 2017/491, concerning restrictive measures in view of the situation in Egypt apply

(2017/C 89/04)

The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):

The legal basis for this processing operation is Council Regulation (EU) No 270/2011 (2) as implemented by Council Implementing Regulation (EU) 2017/491 (3).

The controller of this processing operation is the Council of the European Union represented by the Director-General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is the Unit 1C of DG C that can be contacted at:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EU) No 270/2011, as implemented by Implementing Regulation (EU) 2017/491.

The data subjects are the natural persons who fulfil listing criteria as laid down in that Regulation.

The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with Section 5 of Council Decision 2004/644/EC (4).

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.

---

(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 76, 22.3.2011, p. 4.

(3)  OJ L 76, 22.3.2017, p. 10.

(4)  OJ L 296, 21.9.2004, p. 16.

---

European Commission

| 22.3.2017 | EN | Official Journal of the European Union | C 89/20 |
| --- | --- | --- | --- |

22.3.2017

EN

Official Journal of the European Union

C 89/20

---

Euro exchange rates (1)

21 March 2017

(2017/C 89/05)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0802 |
| JPY | Japanese yen | 121,58 |
| DKK | Danish krone | 7,4353 |
| GBP | Pound sterling | 0,86753 |
| SEK | Swedish krona | 9,4923 |
| CHF | Swiss franc | 1,0750 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,1253 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,021 |
| HUF | Hungarian forint | 308,29 |
| PLN | Polish zloty | 4,2628 |
| RON | Romanian leu | 4,5646 |
| TRY | Turkish lira | 3,8972 |
| AUD | Australian dollar | 1,3969 |
| CAD | Canadian dollar | 1,4349 |
| HKD | Hong Kong dollar | 8,3886 |
| NZD | New Zealand dollar | 1,5309 |
| SGD | Singapore dollar | 1,5088 |
| KRW | South Korean won | 1 208,01 |
| ZAR | South African rand | 13,5822 |
| CNY | Chinese yuan renminbi | 7,4418 |
| HRK | Croatian kuna | 7,4078 |
| IDR | Indonesian rupiah | 14 387,18 |
| MYR | Malaysian ringgit | 4,7804 |
| PHP | Philippine peso | 54,075 |
| RUB | Russian rouble | 61,8110 |
| THB | Thai baht | 37,434 |
| BRL | Brazilian real | 3,3175 |
| MXN | Mexican peso | 20,5078 |
| INR | Indian rupee | 70,4930 |

Currency

Exchange rate

USD

US dollar

1,0802

JPY

Japanese yen

121,58

DKK

Danish krone

7,4353

GBP

Pound sterling

0,86753

SEK

Swedish krona

9,4923

CHF

Swiss franc

1,0750

ISK

Iceland króna

NOK

Norwegian krone

9,1253

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,021

HUF

Hungarian forint

308,29

PLN

Polish zloty

4,2628

RON

Romanian leu

4,5646

TRY

Turkish lira

3,8972

AUD

Australian dollar

1,3969

CAD

Canadian dollar

1,4349

HKD

Hong Kong dollar

8,3886

NZD

New Zealand dollar

1,5309

SGD

Singapore dollar

1,5088

KRW

South Korean won

1 208,01

ZAR

South African rand

13,5822

CNY

Chinese yuan renminbi

7,4418

HRK

Croatian kuna

7,4078

IDR

Indonesian rupiah

14 387,18

MYR

Malaysian ringgit

4,7804

PHP

Philippine peso

54,075

RUB

Russian rouble

61,8110

THB

Thai baht

37,434

BRL

Brazilian real

3,3175

MXN

Mexican peso

20,5078

INR

Indian rupee

70,4930

---

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

---

| 22.3.2017 | EN | Official Journal of the European Union | C 89/21 |
| --- | --- | --- | --- |

22.3.2017

EN

Official Journal of the European Union

C 89/21

---

Explanatory Notes to the Combined Nomenclature of the European Union

(2017/C 89/06)

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 344, the explanatory note to CN subheading 8536 69 10 to 8536 69 90 is replaced by the following:

‘Other

These subheadings include electromechanical plugs (so-called male type connectors) and sockets (so-called female type connectors) which permit connection, for example, between appliances, cables and connector boards.

The connectors may have a plug or socket on both sides or a plug or socket on one side and another contact device on the other (for example, crimp, clamp, soldered or screw-type) see the examples in figures 1 and 2.

Figure 1:

On one side the cable is connected to the connector by means of a crimp/clamp connection. On the other side the connection is made by plugging the male-type/female type connector.

Image

Figure 2:

On one side, the cable is connected to the connector by means of a crimp/clamp connection. On the other side, the connection is made by plugging the female-type connector. In addition, this connector is also fitted with an additional connection in the form of a male-type connector.

These subheadings also include plug-in couplings comprising a plug and socket pair (two pieces). The plug and the socket pieces each have one socket and one other contact device.

Image

These subheadings do not include connection or contact elements with which an electrical connection is solely established by other means (for example, crimp, screw-type, soldered or clamp terminals). These are covered by subheading 8536 90 (see the examples in figures 3 to 7).

However plugs and sockets, threaded internally or externally, are included.

Figures 3 and 4:

On one side the cable is connected to the connector by means of a crimp/clamp connection. On the other side the connection is made by using a screw or a bolt and nut.

Image

Figures 5, 6 and 7:

The electrical connection is not made by plugging. There is no male or female type connector present. The electrical connection is made by screwing or clamping.

Image ’

On page 344, the explanatory note to CN subheading 8536 69 10 is replaced by the following:

On page 344, the explanatory note to CN subheading 8536 69 10

‘For coaxial cables

This subheading covers only plugs and sockets used for coaxial connections (see the examples in figures 1 to 6).

| Figure 1

  Coaxial plug | Figure 2

  Coaxial socket |
| --- | --- |
| Figure 3

  Coaxial plug | Figure 4

  Coaxial socket |
| Figure 5

  Threaded coaxial plug | Figure 6

  Coaxial adapter

  ’ |

Figure 1

Coaxial plug

Image

Figure 2

Coaxial socket

Image

Figure 3

Coaxial plug

Image

Figure 4

Coaxial socket

Image

Figure 5

Threaded coaxial plug

Image

Figure 6

Coaxial adapter

Image’

---

(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 76, 4.3.2015, p. 1.

2

---

| 22.3.2017 | EN | Official Journal of the European Union | C 89/24 |
| --- | --- | --- | --- |

22.3.2017

EN

Official Journal of the European Union

C 89/24

---

Summary of Commission Decision

of 26 July 2016

relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement

(Case AT.39317 — E.ON Gas)

(notified under document C(2016) 4764)

(Only the English text is authentic)

(2017/C 89/07)

On 26 July 2016, the Commission adopted a decision relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
   (1)
  , the Commission herewith publishes the names of the parties and the main content of the decision, having regard to the legitimate interest of undertakings in the protection of their business secrets.

1.   INTRODUCTION

| (1) | On 26 July 2016 the Commission adopted a decision (‘the Decision’) terminating the commitments, which were rendered binding by the Commission Decision of 4 May 2010. The Decision is addressed to E.ON SE (‘E.ON’), its indirect subsidiary Uniper Global Commodities SE (‘UGC’ which belongs to E.ON's direct subsidiary Uniper SE (‘Uniper’)) and Open Grid Europe GmbH (‘OGE’). |
| --- | --- |

(1)

On 26 July 2016 the Commission adopted a decision (‘the Decision’) terminating the commitments, which were rendered binding by the Commission Decision of 4 May 2010. The Decision is addressed to E.ON SE (‘E.ON’), its indirect subsidiary Uniper Global Commodities SE (‘UGC’ which belongs to E.ON's direct subsidiary Uniper SE (‘Uniper’)) and Open Grid Europe GmbH (‘OGE’).

| (2) | On 4 May 2010, the Commission adopted a Decision pursuant to Article 9 of Regulation (EC) No 1/2003 (‘the 2010 Decision’) addressed to E.ON (at the time E.ON AG) including its subsidiaries E.ON Ruhrgas AG (‘E.ON Ruhrgas’, which was later renamed E.ON Global Commodities and subsequently became UGC) and E.ON Gastransport GmbH (‘EGT’, which was later renamed OGE) and thereby made legally binding the commitments which E.ON had offered (‘the Commitments’) in order to remove the Commission's competition concerns relating to E.ON's behaviour regarding the gas markets in Germany (2). |
| --- | --- |

(2)

On 4 May 2010, the Commission adopted a Decision pursuant to Article 9 of Regulation (EC) No 1/2003 (‘the 2010 Decision’) addressed to E.ON (at the time E.ON AG) including its subsidiaries E.ON Ruhrgas AG (‘E.ON Ruhrgas’, which was later renamed E.ON Global Commodities and subsequently became UGC) and E.ON Gastransport GmbH (‘EGT’, which was later renamed OGE) and thereby made legally binding the commitments which E.ON had offered (‘the Commitments’) in order to remove the Commission's competition concerns relating to E.ON's behaviour regarding the gas markets in Germany (2).

| (3) | According to the Commission's preliminary analysis in the 2010 Decision, E.ON's extensive long-term gas transport capacity bookings on the gas transmission system could be considered as a refusal to give access to an essential facility leading to a foreclosure of competitors on the gas supply markets. This might have constituted an infringement of Article 102 TFEU. In a first step, the Commitments provided for the reduction of E.ON's long-term bookings of transport capacity in the grid owned at the time by E.ON in a one-off measure by annulling a certain share of the bookings. In a second step, E.ON committed to further reduce its overall share of bookings below a defined threshold at the latest by 1 October 2015. E.ON also committed to remain below this threshold for a further 10 years from the date when it first reached the threshold. |
| --- | --- |

(3)

According to the Commission's preliminary analysis in the 2010 Decision, E.ON's extensive long-term gas transport capacity bookings on the gas transmission system could be considered as a refusal to give access to an essential facility leading to a foreclosure of competitors on the gas supply markets. This might have constituted an infringement of Article 102 TFEU. In a first step, the Commitments provided for the reduction of E.ON's long-term bookings of transport capacity in the grid owned at the time by E.ON in a one-off measure by annulling a certain share of the bookings. In a second step, E.ON committed to further reduce its overall share of bookings below a defined threshold at the latest by 1 October 2015. E.ON also committed to remain below this threshold for a further 10 years from the date when it first reached the threshold.

| (4) | Since E.ON reached the long-term threshold defined in the second step of the Commitments on 1 April 2011 for the first time, the Commitments are supposed to remain valid until 1 April 2021. |
| --- | --- |

(4)

Since E.ON reached the long-term threshold defined in the second step of the Commitments on 1 April 2011 for the first time, the Commitments are supposed to remain valid until 1 April 2021.

| (5) | The main purpose of the Commitments was to allow for entry of third parties on the German gas supply markets – which were until then characterised by a system of local and regional supply monopolies – by freeing previously blocked gas transport capacities and to open the gas supply markets to competition. |
| --- | --- |

(5)

The main purpose of the Commitments was to allow for entry of third parties on the German gas supply markets – which were until then characterised by a system of local and regional supply monopolies – by freeing previously blocked gas transport capacities and to open the gas supply markets to competition.

| (6) | In 2011, E.ON informed the Commission of its planned divestment of EGT, which was renamed Open Grid Europe (OGE). Apart from this, recently E.ON announced that it would spin off its gas wholesale and trading business, which was responsible for the capacity bookings, in a newly created company called Uniper. |
| --- | --- |

(6)

In 2011, E.ON informed the Commission of its planned divestment of EGT, which was renamed Open Grid Europe (OGE). Apart from this, recently E.ON announced that it would spin off its gas wholesale and trading business, which was responsible for the capacity bookings, in a newly created company called Uniper.

2.   PROCEDURE

| (7) | By letter of 24 June 2016, E.ON requested the termination of the Commitments arguing that a material change of the facts on which the 2010 Decision was based has occurred which would allow for a re-opening of the proceedings pursuant to Article 9(2) of Regulation 1/2003. Furhtermore, market circumstances would have changed to an extent that would render the Commitments unnecessary for the future and would justify the termination of the Commmitments. The Monitoring Trustee (also ‘the Trustee’) has provided an opinion confirming E.ON's submission. |
| --- | --- |

(7)

By letter of 24 June 2016, E.ON requested the termination of the Commitments arguing that a material change of the facts on which the 2010 Decision was based has occurred which would allow for a re-opening of the proceedings pursuant to Article 9(2) of Regulation 1/2003. Furhtermore, market circumstances would have changed to an extent that would render the Commitments unnecessary for the future and would justify the termination of the Commmitments. The Monitoring Trustee (also ‘the Trustee’) has provided an opinion confirming E.ON's submission.

| (8) | Paragraph 24 of the Commitments refers to Article 9(2) of Regulation 1/2003 for a reopening of the procedure. According to Article 9(2) lit a) of Regulation 1/2003, the ‘Commission may, upon request or on its own initiative, reopen the proceedings: a) where there has been a material change in any of the facts on which the decision was based’. |
| --- | --- |

(8)

Paragraph 24 of the Commitments refers to Article 9(2) of Regulation 1/2003 for a reopening of the procedure. According to Article 9(2) lit a) of Regulation 1/2003, the ‘Commission may, upon request or on its own initiative, reopen the proceedings: a) where there has been a material change in any of the facts on which the decision was based’.

| (9) | As will be set out below, the relevant facts on which the 2010 Decision was based have significantly changed. In addition, the Commission recognises that significant changes in market circumstances justify terminating the Commitments. |
| --- | --- |

(9)

As will be set out below, the relevant facts on which the 2010 Decision was based have significantly changed. In addition, the Commission recognises that significant changes in market circumstances justify terminating the Commitments.

3.   MATERIAL CHANGE OF FACTS AND MARKET CIRCUMSTANCES

| (10) | Important changes compared to the time when the 2010 Decision was taken relate to the definition of the relevant markets, E.ON's market position on these relevant markets, E.ON's booking quota and the amount of free transport transport capacities as well as the regulatory changes and changes in the commercial behaviour of market participants. |
| --- | --- |

(10)

Important changes compared to the time when the 2010 Decision was taken relate to the definition of the relevant markets, E.ON's market position on these relevant markets, E.ON's booking quota and the amount of free transport transport capacities as well as the regulatory changes and changes in the commercial behaviour of market participants.

Market definition

| (11) | Since 2010, the German gas wholesale and retail markets have experienced significant changes that allow for wider definitions of the respective relevant product markets as well as the relevant geographic markets. Regarding the geographic market, the previously separate market areas in Germany have been merged to ultimately form two large market areas in Germany. In addition, there are no significant bottlenecks between the two market areas so that a national market both for the downstream wholesale market as well as the retail market for the supply of large industrial customers has been defined in recent decisions. With respect to the product market definition, the main change relates to the merging of the H- and the L-gas grids, which allowed lifting this distinction also on the gas supply markets as defined by the German competition authority in 2014. |
| --- | --- |

(11)

Since 2010, the German gas wholesale and retail markets have experienced significant changes that allow for wider definitions of the respective relevant product markets as well as the relevant geographic markets. Regarding the geographic market, the previously separate market areas in Germany have been merged to ultimately form two large market areas in Germany. In addition, there are no significant bottlenecks between the two market areas so that a national market both for the downstream wholesale market as well as the retail market for the supply of large industrial customers has been defined in recent decisions. With respect to the product market definition, the main change relates to the merging of the H- and the L-gas grids, which allowed lifting this distinction also on the gas supply markets as defined by the German competition authority in 2014.

Dominance

| (12) | These changes in the gas supply markets as well as the complementary implementation of the Commitments have led to a significant decrease of E.ON's overall market position on the gas supply markets. E.ON's market share on the national downstream wholesale market is estimated at [25 - 35] % and on the national retail market for the supply of industrial customers at [15 - 25] %. It seems unlikely that E.ON could currently still be considered dominant on these markets. |
| --- | --- |

(12)

These changes in the gas supply markets as well as the complementary implementation of the Commitments have led to a significant decrease of E.ON's overall market position on the gas supply markets. E.ON's market share on the national downstream wholesale market is estimated at [25 - 35] % and on the national retail market for the supply of industrial customers at [15 - 25] %. It seems unlikely that E.ON could currently still be considered dominant on these markets.

| (13) | Since its divestment of EGT, E.ON does not any longer own or control a gas transport infrastructure. E.ON is, accordingly, no longer dominant in the supply of gas transport capacities. |
| --- | --- |

(13)

Since its divestment of EGT, E.ON does not any longer own or control a gas transport infrastructure. E.ON is, accordingly, no longer dominant in the supply of gas transport capacities.

No risk of abuse that justifies maintaining the Commitments

| (14) | The risk of any future abuse of the kind described in the 2010 Decision can be excluded. This results both from compliance with the Commitments by E.ON as well as from changes in the market which render any such behaviour by E.ON or Uniper with its subsidiary UGC unlikely in the future. |
| --- | --- |

(14)

The risk of any future abuse of the kind described in the 2010 Decision can be excluded. This results both from compliance with the Commitments by E.ON as well as from changes in the market which render any such behaviour by E.ON or Uniper with its subsidiary UGC unlikely in the future.

| (15) | E.ON did not remain close to the booking threshold of 54 % (for H- and L-gas combined), but over time its bookings went far below. There are no indications that E.ON would come close to the booking threshold again in the coming years. |
| --- | --- |

(15)

E.ON did not remain close to the booking threshold of 54 % (for H- and L-gas combined), but over time its bookings went far below. There are no indications that E.ON would come close to the booking threshold again in the coming years.

| (16) | Moreover, regulatory changes have taken place and the ‘first-come-first-serve-principle’ of capacity bookings was replaced by mandatory auction procedures. Any increased capacity bookings would therefore be the result of a competitive auction procedure. In addition, regulation limits the share of long-term bookings. This creates further opportunities for competitors compared to the situation in 2010. |
| --- | --- |

(16)

Moreover, regulatory changes have taken place and the ‘first-come-first-serve-principle’ of capacity bookings was replaced by mandatory auction procedures. Any increased capacity bookings would therefore be the result of a competitive auction procedure. In addition, regulation limits the share of long-term bookings. This creates further opportunities for competitors compared to the situation in 2010.

| (17) | Furthermore, market participants have increasingly preferred short-term bookings and there are significant spare transport capacities. |
| --- | --- |

(17)

Furthermore, market participants have increasingly preferred short-term bookings and there are significant spare transport capacities.

4.   CONCLUSION

| (18) | For the reasons set out above the risk of a future foreclosure by E.ON via extensive long-term transport capacity reservations as set out in the 2010 Decision can be considered as excluded for the coming years. It is also not evident that E.ON is still dominant on the relevant gas supply markets. The German gas markets have been opened in the recent years and could not be foreclosed again by abusive behaviour by E.ON of the type described in the 2010 Decision. The Commitments therefore no longer have any purpose. |
| --- | --- |

(18)

For the reasons set out above the risk of a future foreclosure by E.ON via extensive long-term transport capacity reservations as set out in the 2010 Decision can be considered as excluded for the coming years. It is also not evident that E.ON is still dominant on the relevant gas supply markets. The German gas markets have been opened in the recent years and could not be foreclosed again by abusive behaviour by E.ON of the type described in the 2010 Decision. The Commitments therefore no longer have any purpose.

| (19) | The overall assessment therefore shows that there have been significant changes in the gas markets as well as in E.ON's corporate structure which the Commission considers as a material change of facts pursuant to Article 9(2) of Regulation 1/2003 and which allow for a reopening of the procedure. Further, the Commission recognises that market circumstances have changed to an extent that justifies terminating the Commitments. |
| --- | --- |

(19)

The overall assessment therefore shows that there have been significant changes in the gas markets as well as in E.ON's corporate structure which the Commission considers as a material change of facts pursuant to Article 9(2) of Regulation 1/2003 and which allow for a reopening of the procedure. Further, the Commission recognises that market circumstances have changed to an extent that justifies terminating the Commitments.

---

(1)  OJ L 1, 4.1.2003, p. 1.

(2)  Commission Decision COMP/39.317 in the case E.ON Gas of 4 May 2010.

---

NOTICES FROM MEMBER STATES

| 22.3.2017 | EN | Official Journal of the European Union | C 89/27 |
| --- | --- | --- | --- |

22.3.2017

EN

Official Journal of the European Union

C 89/27

---

DECISION No 946

of 10 November 2016

opening a procedure for granting authorisation for the prospection and exploration of oil and natural gas, being underground natural resources as defined in Article 2(1)(3) of the Underground Natural Resources Act, in ‘Block 1-25 Vratsa-West’, located in Northwest Bulgaria, and announcing that authorisation will be granted on the basis of a competitive bidding procedure

(2017/C 89/08)

REPUBLIC OF BULGARIA

COUNCIL OF MINISTERS

Pursuant to Article 5(2), Articles 7(2)(8) and 42(1)(1) and Article 44(3) of the Underground Natural Resources Act, and Article 4(1)(1) and Article 16 of the Regulation on the conduct of bidding and tendering procedures for granting authorisation for the prospection and/or exploration of, and awarding concessions for the production of, underground natural resources as defined by the Underground Natural Resources Act, adopted by Council of Ministers Resolution No 231 of 2010, § 63 of the Transitional and Final Provisions of the Act Amending the Prohibition of Chemical Weapons and Control over Toxic Chemical Substances and their Precursors Act (SG No 14, 2015) and a reasoned proposal by the Minister for Energy

THE COUNCIL OF MINISTERS HAS DECIDED AS FOLLOWS:

| 1. | A procedure shall be opened for granting authorisation for the prospection and exploration of oil and natural gas in ‘Block 1-25 Vratsa-West’, located in Northwest Bulgaria, having an area of 4 886 km2 and defined by coordinates 1 to 155, as specified in the Annex. |
| --- | --- |

1.

A procedure shall be opened for granting authorisation for the prospection and exploration of oil and natural gas in ‘Block 1-25 Vratsa-West’, located in Northwest Bulgaria, having an area of 4 886 km2 and defined by coordinates 1 to 155, as specified in the Annex.

| 2. | The authorisation referred to in point 1 shall be granted on the basis of a competitive bidding procedure under which bidders are not present when the bids are considered. |
| --- | --- |

2.

The authorisation referred to in point 1 shall be granted on the basis of a competitive bidding procedure under which bidders are not present when the bids are considered.

| 3. | The authorisation period for prospection and exploration shall be set at five years from the date on which the prospection and exploration agreement enters into force, with a right to extend this period pursuant to Article 31(3) of the Underground Natural Resources Act. |
| --- | --- |

3.

The authorisation period for prospection and exploration shall be set at five years from the date on which the prospection and exploration agreement enters into force, with a right to extend this period pursuant to Article 31(3) of the Underground Natural Resources Act.

| 4. | The deadline for purchasing the bidding dossier shall be 17.30 on the 120th day following the publication of this Decision in the Official Journal of the European Union. |
| --- | --- |

4.

The deadline for purchasing the bidding dossier shall be 17.30 on the 120th day following the publication of this Decision in the Official Journal of the European Union.

| 5. | The deadline for submitting applications to take part in the competitive bidding procedure shall be 17.30 on the 140th day following the publication of this Decision in the Official Journal of the European Union. |
| --- | --- |

5.

The deadline for submitting applications to take part in the competitive bidding procedure shall be 17.30 on the 140th day following the publication of this Decision in the Official Journal of the European Union.

| 6. | The deadline for submitting bids in accordance with the bidding dossier shall be 17.30 on the 155th day following the publication of this Decision in the Official Journal of the European Union. |
| --- | --- |

6.

The deadline for submitting bids in accordance with the bidding dossier shall be 17.30 on the 155th day following the publication of this Decision in the Official Journal of the European Union.

| 7. | The bidding dossier price shall be BGN 10 000, value added tax (VAT) included. The bidding dossier is to be obtained from the Ministry of Energy at: ul. Triaditsa 8, Sofia, by the deadline specified in point 4 upon the presentation of a payment order.






  7.1. | The amount specified in point 7 shall be paid into the bank account of the Ministry of Energy: | BIC of the BNB for payments in Bulgarian currency (BGN) — BNBGBGSD; |
| --- | --- | --- | --- |

7.

The bidding dossier price shall be BGN 10 000, value added tax (VAT) included. The bidding dossier is to be obtained from the Ministry of Energy at: ul. Triaditsa 8, Sofia, by the deadline specified in point 4 upon the presentation of a payment order.

7.1.

The amount specified in point 7 shall be paid into the bank account of the Ministry of Energy:

BIC of the BNB for payments in Bulgarian currency (BGN) — BNBGBGSD;

| | SWIFT code of the BNB for payments in foreign currency — BNBGBGSF; |
| --- | --- |

SWIFT code of the BNB for payments in foreign currency — BNBGBGSF;

| | IBAN — BG94 BNBG 9661 3000 1421 01; |
| --- | --- |

IBAN — BG94 BNBG 9661 3000 1421 01;

| | BNB headquarters. |
| --- | --- |

BNB headquarters.

| 7.2. | The following should be recorded on the payment order: ‘For the bidding dossier for “Block 1-25 Vratsa-West” purchased on behalf of the applicant’ whose name must be written on the payment order. |
| --- | --- |

7.2.

The following should be recorded on the payment order: ‘For the bidding dossier for “Block 1-25 Vratsa-West” purchased on behalf of the applicant’ whose name must be written on the payment order.

| 7.3. | The person receiving the bidding dossier shall sign a declaration on behalf of the applicant, undertaking to protect the confidentiality of the information contained therein. |
| --- | --- |

7.3.

The person receiving the bidding dossier shall sign a declaration on behalf of the applicant, undertaking to protect the confidentiality of the information contained therein.

| 8. | Applicants wishing to participate in the bidding procedure must fulfil the requirements specified in Article 23(1) of the Underground Natural Resources Act. |
| --- | --- |

8.

Applicants wishing to participate in the bidding procedure must fulfil the requirements specified in Article 23(1) of the Underground Natural Resources Act.

| 9. | The applicant or where the applicant is a grouping, each of its members, must provide a declaration confirming the absence of the circumstances under Article 2 in conjunction with § 1 of the Additional Provisions of the Act on economic and financial relationships with companies registered in preferential tax regime jurisdictions, entities related to them and their beneficial owners (ZIFODRYUPDRSTLTDS) (SG No 1, 2014) or evidence of the existence of circumstances under Article 4 of ZIFODRYUPDRSTLTDS. |
| --- | --- |

9.

The applicant or where the applicant is a grouping, each of its members, must provide a declaration confirming the absence of the circumstances under Article 2 in conjunction with § 1 of the Additional Provisions of the Act on economic and financial relationships with companies registered in preferential tax regime jurisdictions, entities related to them and their beneficial owners (ZIFODRYUPDRSTLTDS) (SG No 1, 2014) or evidence of the existence of circumstances under Article 4 of ZIFODRYUPDRSTLTDS.

| 10. | The applicant enterprise or grouping must possess the necessary managerial capabilities for carrying out prospection and exploration activities.






  10.1. | To prove managerial capabilities, all the following conditions must be met:






  10.1.1. | the applicant or where the applicant is a grouping, each of its members, must provide original references from business partners; |
| --- | --- | --- | --- |

10.

The applicant enterprise or grouping must possess the necessary managerial capabilities for carrying out prospection and exploration activities.

10.1.

To prove managerial capabilities, all the following conditions must be met:

10.1.1.

the applicant or where the applicant is a grouping, each of its members, must provide original references from business partners;

| 10.1.2. | the applicant or where the applicant is a grouping, each of its members, must provide evidence of professional expertise and experience obtained in managing at least one project for the prospection and exploration of mineral resources — oil and natural gas. |
| --- | --- |

10.1.2.

the applicant or where the applicant is a grouping, each of its members, must provide evidence of professional expertise and experience obtained in managing at least one project for the prospection and exploration of mineral resources — oil and natural gas.

| 10.2. | The applicant may prove managerial capabilities by reference to the capabilities of connected third parties, whether natural or legal persons, provided the applicant presents evidence of the use of the capabilities of these third parties, as well as documents proving their professional expertise and management experience. Proof of the capabilities of third parties shall be furnished through the presentation of documents, as specified in the bidding dossier. |
| --- | --- |

10.2.

The applicant may prove managerial capabilities by reference to the capabilities of connected third parties, whether natural or legal persons, provided the applicant presents evidence of the use of the capabilities of these third parties, as well as documents proving their professional expertise and management experience. Proof of the capabilities of third parties shall be furnished through the presentation of documents, as specified in the bidding dossier.

| 11. | The applicant enterprise or grouping must possess the financial resources required for carrying out the prospection and exploration activities.






  11.1. | To comply with the financial resources rule, the applicant enterprise, or at least one of the members of the applicant grouping:






  11.1.1. | must have generated a minimum of BGN 4 000 000 total net sales revenue for the three preceding financial years (depending on the date of its establishment); where the applicant is a grouping which is not a legal person, the requirement set out in this point applies to the grouping as a whole, or |
| --- | --- | --- | --- |

11.

The applicant enterprise or grouping must possess the financial resources required for carrying out the prospection and exploration activities.

11.1.

To comply with the financial resources rule, the applicant enterprise, or at least one of the members of the applicant grouping:

11.1.1.

must have generated a minimum of BGN 4 000 000 total net sales revenue for the three preceding financial years (depending on the date of its establishment); where the applicant is a grouping which is not a legal person, the requirement set out in this point applies to the grouping as a whole, or

| 11.1.2. | must provide a reference from a bank or other financial institution certifying that it has the necessary financial means at its disposal to implement the oil and natural gas prospection and exploration activities in ‘Block 1-25 Vratsa-West’, or |
| --- | --- |

11.1.2.

must provide a reference from a bank or other financial institution certifying that it has the necessary financial means at its disposal to implement the oil and natural gas prospection and exploration activities in ‘Block 1-25 Vratsa-West’, or

| 11.1.3. | must submit a letter of intent from a bank or other financial institution regarding the provision to the applicant of the funds necessary for the implementation of oil and natural gas prospection and exploration activities in ‘Block 1-25 Vratsa-West’. |
| --- | --- |

11.1.3.

must submit a letter of intent from a bank or other financial institution regarding the provision to the applicant of the funds necessary for the implementation of oil and natural gas prospection and exploration activities in ‘Block 1-25 Vratsa-West’.

| 11.2. | Evidence of financial resources under paragraph 11.1.2 and 11.1.3 may be provided by reference to the resources of connected third parties, whether natural or legal persons, provided the applicant can prove that these resources will be made available to it, specifying their amount in BGN. Proof of the resources of third parties shall be furnished through the presentation of documents, as specified in the bidding dossier. |
| --- | --- |

11.2.

Evidence of financial resources under paragraph 11.1.2 and 11.1.3 may be provided by reference to the resources of connected third parties, whether natural or legal persons, provided the applicant can prove that these resources will be made available to it, specifying their amount in BGN. Proof of the resources of third parties shall be furnished through the presentation of documents, as specified in the bidding dossier.

| 12. | Applicants' bids shall be evaluated on the basis of the proposed work programmes, resources devoted to environmental protection, bonuses, and training. |
| --- | --- |

12.

Applicants' bids shall be evaluated on the basis of the proposed work programmes, resources devoted to environmental protection, bonuses, and training.

| 13. | The deposit for participation in the competition shall be set at BGN 5 000, payable by the deadline specified in point 5 into the bank account of the Ministry of Energy: | BIC of the BNB for payments in Bulgarian currency (BGN) — BNBGBGSD; |
| --- | --- | --- |

13.

The deposit for participation in the competition shall be set at BGN 5 000, payable by the deadline specified in point 5 into the bank account of the Ministry of Energy:

BIC of the BNB for payments in Bulgarian currency (BGN) — BNBGBGSD;

| | SWIFT code of the BNB for payments in foreign currency — BNBGBGSF; |
| --- | --- |

SWIFT code of the BNB for payments in foreign currency — BNBGBGSF;

| | IBAN — BG75 BNBG 9661 3300 1421 03; |
| --- | --- |

IBAN — BG75 BNBG 9661 3300 1421 03;

| | BNB headquarters. |
| --- | --- |

BNB headquarters.

| 14. | Applicants who are not admitted to the competitive bidding procedure shall have their deposits reimbursed within 14 days from the date on which the selection board's decision not to admit them comes into effect. |
| --- | --- |

14.

Applicants who are not admitted to the competitive bidding procedure shall have their deposits reimbursed within 14 days from the date on which the selection board's decision not to admit them comes into effect.

| 15. | The successful bidder's deposit shall be reimbursed within 14 days from the signing of the agreement, and the other bidders' deposits shall be reimbursed within 14 days from the publication in the State Gazette of the Council of Ministers' decision to grant authorisation for prospection and exploration. |
| --- | --- |

15.

The successful bidder's deposit shall be reimbursed within 14 days from the signing of the agreement, and the other bidders' deposits shall be reimbursed within 14 days from the publication in the State Gazette of the Council of Ministers' decision to grant authorisation for prospection and exploration.

| 16. | Applications to take part in the competitive bidding procedure and bids under the competitive bidding procedure shall be submitted to the Registry of the Ministry of Energy at: ul. Triaditsa 8, Sofia, in Bulgarian, in accordance with Article 46 of the Underground Natural Resources Act. |
| --- | --- |

16.

Applications to take part in the competitive bidding procedure and bids under the competitive bidding procedure shall be submitted to the Registry of the Ministry of Energy at: ul. Triaditsa 8, Sofia, in Bulgarian, in accordance with Article 46 of the Underground Natural Resources Act.

| 17. | Bids shall comply with the requirements and conditions specified in the bidding dossier. |
| --- | --- |

17.

Bids shall comply with the requirements and conditions specified in the bidding dossier.

| 18. | The competitive bidding procedure shall take place even if only one applicant is admitted to take part in it. |
| --- | --- |

18.

The competitive bidding procedure shall take place even if only one applicant is admitted to take part in it.

| 19. | The Minister of Energy is authorised to:






  19.1. | send this Decision for publication in the Official Journal of the European Union; |
| --- | --- | --- |

19.

The Minister of Energy is authorised to:

19.1.

send this Decision for publication in the Official Journal of the European Union;

| 19.2. | organise and conduct the competitive bidding procedure. |
| --- | --- |

19.2.

organise and conduct the competitive bidding procedure.

| 20. | This Decision shall be published in the State Gazette and on the Council of Ministers website. This Decision shall be announced in the municipalities of Vidin, Montana, Vratsa, Lovech and Sofia. |
| --- | --- |

20.

This Decision shall be published in the State Gazette and on the Council of Ministers website. This Decision shall be announced in the municipalities of Vidin, Montana, Vratsa, Lovech and Sofia.

| 21. | Appeals against this Decision may be addressed to the Supreme Administrative Court within 14 days of its publication in the Official Journal of the European Union. |
| --- | --- |

21.

Appeals against this Decision may be addressed to the Supreme Administrative Court within 14 days of its publication in the Official Journal of the European Union.

Prime Minister

Boyko BORISOV

For the Secretary-General of the Council of Ministers

Veselin DAKOV

---

ANNEX

Register of boundary point coordinates of ‘Block 1-25 Vratsa-West’

(WGS84 coordinate system)

| No | Longitude E | Latitude N |
| --- | --- | --- |
| 1 | 22.917300 | 43.820100 |
| The Danube: |
| 2 | 23.191173 | 43.821354 |
| 3 | 23.197066 | 43.821433 |
| 4 | 23.196993 | 43.823665 |
| The Danube: |
| 5 | 23.488200 | 43.830700 |
| 6 | 23.488200 | 43.712300 |
| 7 | 23.402800 | 43.712300 |
| 8 | 23.402800 | 43.599100 |
| 9 | 23.488200 | 43.599100 |
| 10 | 23.488200 | 43.310000 |
| 11 | 23.547660 | 43.310000 |
| 12 | 23.547660 | 43.200000 |
| 13 | 23.730400 | 43.200000 |
| 14 | 23.730400 | 43.196000 |
| 15 | 23.736400 | 43.196000 |
| 16 | 23.736400 | 43.200000 |
| 17 | 24.000000 | 43.200000 |
| 18 | 24.000000 | 43.183333 |
| 19 | 24.100000 | 43.183333 |
| 20 | 24.100000 | 43.150000 |
| 21 | 24.283333 | 43.150000 |
| 22 | 24.283333 | 43.116673 |
| 23 | 24.450000 | 43.116673 |
| 24 | 24.450000 | 43.050000 |
| 25 | 22.950000 | 43.050000 |
| 26 | 22.950000 | 43.091000 |
| State border |
| 27 | 22.917300 | 43.219950 |
| Excluded area |
| 28 | 23.101000 | 43.713500 |
| 29 | 23.128800 | 43.713500 |
| 30 | 23.128800 | 43.700900 |
| 31 | 23.101000 | 43.700900 |
| Excluded area |
| 32 | 23.371000 | 43.532700 |
| 33 | 23.384400 | 43.532700 |
| 34 | 23.384400 | 43.526200 |
| 35 | 23.371000 | 43.526200 |
| Excluded area |
| 36 | 23.149700 | 43.424300 |
| 37 | 23.162600 | 43.424300 |
| 38 | 23.162600 | 43.416500 |
| 39 | 23.149700 | 43.416500 |
| Excluded area |
| 40 | 23.693500 | 43.156200 |
| 41 | 23.712000 | 43.156200 |
| 42 | 23.712000 | 43.149000 |
| 43 | 23.693500 | 43.149000 |
| Excluded area |
| 44 | 23.846200 | 43.163000 |
| 45 | 23.864000 | 43.163000 |
| 46 | 23.857500 | 43.148400 |
| 47 | 23.839700 | 43.136500 |
| 48 | 23.793500 | 43.136500 |
| 49 | 23.793500 | 43.141000 |
| 50 | 23.818000 | 43.141000 |
| 51 | 23.818000 | 43.144000 |
| 52 | 23.823400 | 43.144000 |
| Excluded area |
| 53 | 23.191971 | 43.818571 |
| 54 | 23.198244 | 43.820448 |
| 55 | 23.199586 | 43.818361 |
| 56 | 23.193222 | 43.816484 |
| Excluded area |
| 57 | 23.238758 | 43.815630 |
| 58 | 23.245858 | 43.815672 |
| 59 | 23.245948 | 43.813670 |
| 60 | 23.242940 | 43.813594 |
| 61 | 23.243045 | 43.810786 |
| 62 | 23.238968 | 43.810655 |
| Excluded area |
| 63 | 23.228740 | 43.775887 |
| 64 | 23.231352 | 43.774625 |
| 65 | 23.223123 | 43.764951 |
| 66 | 23.225492 | 43.763689 |
| 67 | 23.215138 | 43.754015 |
| 68 | 23.210012 | 43.756645 |
| Excluded area |
| 69 | 23.180029 | 43.725078 |
| 70 | 23.180444 | 43.725207 |
| 71 | 23.180919 | 43.724590 |
| 72 | 23.180484 | 43.724446 |
| Excluded area |
| 73 | 23.179851 | 43.722221 |
| 74 | 23.181711 | 43.723155 |
| 75 | 23.182984 | 43.722523 |
| 76 | 23.182543 | 43.719681 |
| Excluded area |
| 77 | 23.198810 | 43.654532 |
| 78 | 23.199827 | 43.654094 |
| 79 | 23.197592 | 43.651461 |
| 80 | 23.199225 | 43.650052 |
| 81 | 23.198168 | 43.648847 |
| 82 | 23.193123 | 43.650363 |
| 83 | 23.195451 | 43.653103 |
| Excluded area |
| 84 | 23.249776 | 43.553638 |
| 85 | 23.292967 | 43.543895 |
| 86 | 23.292066 | 43.540531 |
| 87 | 23.299300 | 43.538951 |
| 88 | 23.298699 | 43.536129 |
| 89 | 23.289227 | 43.537928 |
| 90 | 23.286456 | 43.530441 |
| 91 | 23.246630 | 43.538606 |
| Excluded area |
| 92 | 23.300464 | 43.540223 |
| 93 | 23.302338 | 43.540242 |
| 94 | 23.302331 | 43.539256 |
| 95 | 23.300570 | 43.539254 |
| Excluded area |
| 96 | 23.337220 | 43.527463 |
| 97 | 23.341994 | 43.527520 |
| 98 | 23.341978 | 43.525665 |
| 99 | 23.337173 | 43.525781 |
| Excluded area |
| 100 | 23.366364 | 43.449142 |
| 101 | 23.369597 | 43.447536 |
| 102 | 23.369593 | 43.445934 |
| 103 | 23.364458 | 43.447565 |
| Excluded area |
| 104 | 23.368844 | 43.443771 |
| 105 | 23.373383 | 43.441773 |
| 106 | 23.370522 | 43.438661 |
| 107 | 23.365836 | 43.440832 |
| Excluded area |
| 108 | 23.359433 | 43.434500 |
| 109 | 23.350713 | 43.438863 |
| 110 | 23.358035 | 43.444934 |
| Excluded area |
| 111 | 23.223999 | 43.421658 |
| 112 | 23.228437 | 43.421264 |
| 113 | 23.227919 | 43.418375 |
| 114 | 23.223610 | 43.418784 |
| Excluded area |
| 115 | 23.250960 | 43.402347 |
| 116 | 23.251349 | 43.402393 |
| 117 | 23.252324 | 43.401028 |
| 118 | 23.250867 | 43.399368 |
| 119 | 23.249955 | 43.399698 |
| Excluded area |
| 120 | 23.319410 | 43.356375 |
| 121 | 23.321045 | 43.355977 |
| 122 | 23.320355 | 43.354320 |
| 123 | 23.318855 | 43.354013 |
| 124 | 23.317704 | 43.355096 |
| Excluded area |
| 125 | 23.172010 | 43.270621 |
| 126 | 23.172654 | 43.270849 |
| 127 | 23.174067 | 43.268903 |
| 128 | 23.173517 | 43.268691 |
| Excluded area |
| 129 | 23.292470 | 43.208497 |
| 130 | 23.293344 | 43.209196 |
| 131 | 23.294766 | 43.207829 |
| 132 | 23.293500 | 43.207653 |
| Excluded area |
| 133 | 23.345947 | 43.237639 |
| 134 | 23.348242 | 43.237803 |
| 135 | 23.348310 | 43.236570 |
| 136 | 23.345657 | 43.236478 |
| Excluded area |
| 137 | 23.537034 | 43.223907 |
| 138 | 23.542637 | 43.219320 |
| 139 | 23.539529 | 43.216615 |
| 140 | 23.544148 | 43.213072 |
| 141 | 23.542159 | 43.211405 |
| 142 | 23.544371 | 43.208864 |
| 143 | 23.540770 | 43.206432 |
| 144 | 23.528755 | 43.203256 |
| 145 | 23.527425 | 43.208915 |
| 146 | 23.529227 | 43.210448 |
| 147 | 23.526026 | 43.213217 |
| 148 | 23.534285 | 43.219210 |
| 149 | 23.532498 | 43.220301 |
| Excluded area |
| 150 | 23.614787 | 43.197136 |
| 151 | 23.618857 | 43.194792 |
| 152 | 23.612187 | 43.188681 |
| 153 | 23.609138 | 43.190934 |
| 154 | 23.611620 | 43.192577 |
| 155 | 23.612762 | 43.196327 |

No

Longitude E

Latitude N

1

22.917300

43.820100

The Danube:

2

23.191173

43.821354

3

23.197066

43.821433

4

23.196993

43.823665

The Danube:

5

23.488200

43.830700

6

23.488200

43.712300

7

23.402800

43.712300

8

23.402800

43.599100

9

23.488200

43.599100

10

23.488200

43.310000

11

23.547660

43.310000

12

23.547660

43.200000

13

23.730400

43.200000

14

23.730400

43.196000

15

23.736400

43.196000

16

23.736400

43.200000

17

24.000000

43.200000

18

24.000000

43.183333

19

24.100000

43.183333

20

24.100000

43.150000

21

24.283333

43.150000

22

24.283333

43.116673

23

24.450000

43.116673

24

24.450000

43.050000

25

22.950000

43.050000

26

22.950000

43.091000

State border

27

22.917300

43.219950

Excluded area

28

23.101000

43.713500

29

23.128800

43.713500

30

23.128800

43.700900

31

23.101000

43.700900

Excluded area

32

23.371000

43.532700

33

23.384400

43.532700

34

23.384400

43.526200

35

23.371000

43.526200

Excluded area

36

23.149700

43.424300

37

23.162600

43.424300

38

23.162600

43.416500

39

23.149700

43.416500

Excluded area

40

23.693500

43.156200

41

23.712000

43.156200

42

23.712000

43.149000

43

23.693500

43.149000

Excluded area

44

23.846200

43.163000

45

23.864000

43.163000

46

23.857500

43.148400

47

23.839700

43.136500

48

23.793500

43.136500

49

23.793500

43.141000

50

23.818000

43.141000

51

23.818000

43.144000

52

23.823400

43.144000

Excluded area

53

23.191971

43.818571

54

23.198244

43.820448

55

23.199586

43.818361

56

23.193222

43.816484

Excluded area

57

23.238758

43.815630

58

23.245858

43.815672

59

23.245948

43.813670

60

23.242940

43.813594

61

23.243045

43.810786

62

23.238968

43.810655

Excluded area

63

23.228740

43.775887

64

23.231352

43.774625

65

23.223123

43.764951

66

23.225492

43.763689

67

23.215138

43.754015

68

23.210012

43.756645

Excluded area

69

23.180029

43.725078

70

23.180444

43.725207

71

23.180919

43.724590

72

23.180484

43.724446

Excluded area

73

23.179851

43.722221

74

23.181711

43.723155

75

23.182984

43.722523

76

23.182543

43.719681

Excluded area

77

23.198810

43.654532

78

23.199827

43.654094

79

23.197592

43.651461

80

23.199225

43.650052

81

23.198168

43.648847

82

23.193123

43.650363

83

23.195451

43.653103

Excluded area

84

23.249776

43.553638

85

23.292967

43.543895

86

23.292066

43.540531

87

23.299300

43.538951

88

23.298699

43.536129

89

23.289227

43.537928

90

23.286456

43.530441

91

23.246630

43.538606

Excluded area

92

23.300464

43.540223

93

23.302338

43.540242

94

23.302331

43.539256

95

23.300570

43.539254

Excluded area

96

23.337220

43.527463

97

23.341994

43.527520

98

23.341978

43.525665

99

23.337173

43.525781

Excluded area

100

23.366364

43.449142

101

23.369597

43.447536

102

23.369593

43.445934

103

23.364458

43.447565

Excluded area

104

23.368844

43.443771

105

23.373383

43.441773

106

23.370522

43.438661

107

23.365836

43.440832

Excluded area

108

23.359433

43.434500

109

23.350713

43.438863

110

23.358035

43.444934

Excluded area

111

23.223999

43.421658

112

23.228437

43.421264

113

23.227919

43.418375

114

23.223610

43.418784

Excluded area

115

23.250960

43.402347

116

23.251349

43.402393

117

23.252324

43.401028

118

23.250867

43.399368

119

23.249955

43.399698

Excluded area

120

23.319410

43.356375

121

23.321045

43.355977

122

23.320355

43.354320

123

23.318855

43.354013

124

23.317704

43.355096

Excluded area

125

23.172010

43.270621

126

23.172654

43.270849

127

23.174067

43.268903

128

23.173517

43.268691

Excluded area

129

23.292470

43.208497

130

23.293344

43.209196

131

23.294766

43.207829

132

23.293500

43.207653

Excluded area

133

23.345947

43.237639

134

23.348242

43.237803

135

23.348310

43.236570

136

23.345657

43.236478

Excluded area

137

23.537034

43.223907

138

23.542637

43.219320

139

23.539529

43.216615

140

23.544148

43.213072

141

23.542159

43.211405

142

23.544371

43.208864

143

23.540770

43.206432

144

23.528755

43.203256

145

23.527425

43.208915

146

23.529227

43.210448

147

23.526026

43.213217

148

23.534285

43.219210

149

23.532498

43.220301

Excluded area

150

23.614787

43.197136

151

23.618857

43.194792

152

23.612187

43.188681

153

23.609138

43.190934

154

23.611620

43.192577

155

23.612762

43.196327

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 22.3.2017 | EN | Official Journal of the European Union | C 89/38 |
| --- | --- | --- | --- |

22.3.2017

EN

Official Journal of the European Union

C 89/38

---

Prior notification of a concentration

(Case M.8392 — Bolloré/Vivendi)

(Text with EEA relevance)

(2017/C 89/09)

| 1. | On 15 March 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bolloré SA (‘Bolloré’, France), belonging to the group Bolloré, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Vivendi SA (‘Vivendi’, France). |
| --- | --- |

1.

On 15 March 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bolloré SA (‘Bolloré’, France), belonging to the group Bolloré, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Vivendi SA (‘Vivendi’, France).

| 2. | The business activities of the undertakings concerned are:
  —   for Bolloré: (i) communication, (ii) transportation and logistics, and (iii) electricity storage and solutions;
  —   for Vivendi: (i) music, (ii) television, (iii) films, (iv) video games, and (v) video sharing. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Bolloré: (i) communication, (ii) transportation and logistics, and (iii) electricity storage and solutions;

—   for Vivendi: (i) music, (ii) television, (iii) films, (iv) video games, and (v) video sharing.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8392 — Bolloré/Vivendi, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8392 — Bolloré/Vivendi, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

---