ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 129/82

COMMISSION DELEGATED DECISION (EU) 2018/771

of 25 January 2018

on the applicable system to assess and verify constancy of performance of anchor devices used for construction works and intended to prevent persons from falling from a height or to arrest falls from a height pursuant to Regulation (EU) No 305/2011 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (1), and in particular Article 28 and Article 60(h) thereof,

Whereas:

(1) An appropriate decision for assessment and verification of constancy of performance does not exist for anchor devices used for construction works and intended to prevent persons from falling from a height or to arrest falls from a height (‘anchor devices’). It is therefore necessary to establish which system of assessment and verification of constancy of performance is applicable to the anchor devices.

(2) Taking into account that the anchor devices are intended to prevent persons from falling from a height or to arrest falls from a height, it is appropriate to choose a system of assessment and verification of constancy of performance that comprises continuing surveillance, assessment and evaluation of the manufacturer's factory production control and audit testing of samples taken by the notified product certification body at the manufacturing plant or at the manufacturer's storage facilities,

HAS ADOPTED THIS DECISION:

Article 1

This Decision applies to anchor devices used for construction works and intended to prevent persons from falling from a height or to arrest falls from a height.

Article 2

The anchor devices referred to in Article 1 shall be assessed and verified for constancy of performance in relation to their essential characteristics in accordance with the system specified in the Annex.

Article 3

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

Done at Brussels, 25 January 2018. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 88, 4.4.2011, p. 5.
EN Official Journal of the European Union L 161/1

COUNCIL DECISION (EU) 2018/902

of 21 April 2016

on the signing, on behalf of the European Union and its Member States, and provisional application of a Protocol to the Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part, to take account of the accession of the Republic of Croatia to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union and in particular Articles 207 and 212, in conjunction with Article 218(5), thereof,

Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part (1) (‘the Agreement’), was signed in Brussels on 10 May 2010.

(2) The Republic of Croatia became a Member State of the European Union on 1 July 2013.

(3) Under the terms of Article 6(2) of the Act of Accession, Croatia's accession to the Agreement is to be agreed by means of a Protocol to the Agreement. A simplified procedure is to apply whereby the Protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third countries concerned.

(4) On 14 September 2012, the Council authorised the Commission to open negotiations with the third countries concerned. The negotiations with the Republic of Korea were successfully concluded by the initialling of the Protocol.

(5) Article 4(3) of the Protocol provides for its provisional application before its entry into force.

(6) The Protocol should be signed, and applied on a provisional basis pending the completion of the procedures for its conclusion,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union and its Member States of the Protocol to the Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part, is hereby authorised, subject to the conclusion of the Protocol.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.

Article 3

The Protocol shall be applied on a provisional basis, pending the completion of the procedures for its conclusion.

Article 4

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

Done at Luxembourg, 21 April 2016. For the Council The President A. VAN DER STEUR

(1) OJ L 20, 23.1.2013, p. 2.
COUNCIL DECISION (EU) 2018/1152

of 26 June 2018

on the signing on behalf of the Union of the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) By its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

(2) The Commission has negotiated on behalf of the Union an Agreement with the Government of the People's Republic of China on certain aspects of air services (‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement on 8 December 2017.

(3) The objective of the Agreement is to bring bilateral air services agreements between 27 Member States and the People's Republic of China in line with Union law.

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

HAS ADOPTED THIS DECISION:

Article 1 The signing on behalf of the Union of the Agreement between the European Union and the Government of the People's Republic of China on certain aspects of air services (‘the Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.

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

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

of 18 September 2018

adopting the Council’s position on draft amending budget No 5 of the European Union for the financial year 2018

(2018/C 335/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,

Whereas:

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

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

HAS DECIDED AS FOLLOWS:

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

Done at Brussels, 18 September 2018. For the Council The President G. BLÜMEL

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

(2) OJ L 57, 28.2.2018, p. 1.
COUNCIL DECISION (EU) 2018/1211

of 16 July 2018

on the signing, on behalf of the European Union, of a Protocol amending the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) by extending the possibility of accession to the Kingdom of Morocco

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union and, in particular Article 91, in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) In accordance with Council Decision 2002/917/EC (1), the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (2) was concluded, on behalf of the Union, on 3 October 2002 and entered into force on 1 January 2003 (3).

(2) On 5 December 2014, the Council authorised the Commission to open negotiations in order to amend the Interbus Agreement with a view to enlarging its geographical scope, so as to allow the Kingdom of Morocco's accession, which is currently not provided for therein. The Commission has negotiated, on behalf of the Union, a Protocol amending the Interbus Agreement by extending the possibility of accession to the Kingdom of Morocco (the ‘Protocol’). The negotiations were concluded on 10 November 2017.

(3) A possible accession of the Kingdom of Morocco to the Interbus Agreement should contribute to developing international passenger transport relations, tourism and cultural exchange beyond those countries that are currently Parties to the Interbus Agreement. The Kingdom of Morocco, which does not have full membership of the European Conference of the Ministers of Transport but an observer status, which is not sufficient for accession to the Interbus Agreement, should be given the opportunity to accede to the Agreement.

(4) Therefore, the Protocol should be signed on behalf of the Union, subject to its conclusion at a later date,

HAS ADOPTED THIS DECISION:

Article 1 The signing of the Protocol amending the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) by extending the possibility of accession to the Kingdom of Morocco is hereby approved on behalf of the Union, subject to its conclusion (4).

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

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

Done at Brussels, 16 July 2018. For the Council The President J. BOGNER-STRAUSS

(1) Council Decision 2002/917/EC of 3 October 2002 on the conclusion of the Interbus Agreement on the international occasional carriage of passengers by coach and bus (OJ L 321, 26.11.2002, p. 11).

(2) OJ L 321, 26.11.2002, p. 13.

(3) OJ L 321, 26.11.2002, p. 44.

(4) The text of the Protocol will be published together with the decision on its conclusion.
COUNCIL DECISION (EU) 2018/1561

of 15 October 2018

establishing the position to be taken on behalf of the European Union within the EPA Committee set up by the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, as regards the adoption of a Decision of the EPA Committee concerning the accession of the Republic of Croatia to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Articles 207 and 218(9) thereof,

Having regard to the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (the ‘Agreement’) (1),

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement was signed on behalf of the Union on 15 January 2009 pursuant to Council Decision 2009/152/EC (2) and has been applied on a provisional basis since 4 August 2014.

(2) The Treaty concerning the accession of the Republic of Croatia to the European Union was signed on 9 December 2011 and came into force on 1 July 2013.

(3) The Republic of Croatia acceded to the Agreement on 8 November 2017 by depositing its Act of Accession.

(4) Pursuant to Article 102 of the Agreement, the EPA Committee may decide on any amending measures which might be necessary following the accession of new Member States to the Union.

(5) It is appropriate to establish the position to be taken on behalf of the Union with regard to the adoption of a Decision by the EPA Committee, at its annual meeting, regarding the amendments to the Agreement which are necessary following the accession of the Republic of Croatia to the Union,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on behalf of the European Union within the EPA Committee set up by the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, as regards the adoption of a Decision of the EPA Committee, during its annual meeting, concerning the accession of the Republic of Croatia to the Union, shall be based on the draft Decision of the EPA Committee attached to this Decision.

Article 2 After its adoption, the Decision of the EPA Committee shall be published in the Official Journal of the European Union.

Done at Luxembourg, 15 October 2018. For the Council The President F. MOGHERINI

(1) OJ L 57, 28.2.2009, p. 2.

(2) Council Decision 2009/152/EC of 20 November 2008 on the signature and provisional application of the interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (OJ L 57, 28.2.2009, p. 1).
COUNCIL DECISION (EU) 2018/1528

of 11 October 2018

on the signing, on behalf of the Union, of the Voluntary Partnership Agreement between the European Union and the Socialist Republic of Viet Nam on forest law enforcement, governance and trade

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(3), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) In May 2003, the Commission adopted a Communication to the European Parliament and to the Council entitled ‘Forest Law Enforcement, Governance and Trade (FLEGT): Proposal for an EU Action Plan’ which called for measures to address illegal logging by developing voluntary partnership agreements with timber-producing countries (‘the EU Action Plan’). Council conclusions on the EU Action Plan were adopted in October 2003 (1) and the European Parliament adopted a resolution on the subject on 7 July 2005 (2).

(2) On 5 December 2005, the Council authorised the Commission to open negotiations with timber-producing countries on partnership agreements to implement the EU Action Plan.

(3) On 20 December 2005, the Council adopted Regulation (EC) No 2173/2005 (3) which established a FLEGT licensing scheme for imports of timber into the Union from countries with which the Union has concluded voluntary partnership agreements.

(4) The negotiations with the Socialist Republic of Viet Nam have been successfully concluded, and the Voluntary Partnership Agreement between the European Union and the Socialist Republic of Viet Nam on forest law enforcement, governance and trade (‘the Agreement’) was initialled on 11 May 2017.

(5) The Agreement should be signed,

HAS ADOPTED THIS DECISION:

Article 1 The signing on behalf of the Union of the Voluntary Partnership Agreement between the European Union and the Socialist Republic of Viet Nam on forest law enforcement, governance and trade is hereby authorised, subject to the conclusion of the said Agreement (4).

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

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

Done at Luxembourg, 11 October 2018. For the Council The President J. MOSER

(1) OJ C 268, 7.11.2003, p. 1.

(2) OJ C 157 E, 6.7.2006, p. 482.

(3) Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (OJ L 347, 30.12.2005, p. 1).

(4) The text of the Agreement will be published together with the decision on its conclusion.
COUNCIL DECISION (EU) 2018/1599

of 15 October 2018

on the signing, on behalf of the European Union, of the Free Trade Agreement between the European Union and the Republic of Singapore

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2) and the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 23 April 2007, the Council authorised the Commission to negotiate a free trade agreement (FTA) with Member States of the Association of Southeast Asian Nations (ASEAN). That authorisation provided for the possibility of bilateral negotiations.

(2) On 22 December 2009, the Council authorised the Commission to pursue bilateral FTA negotiations with individual ASEAN Member States, starting with Singapore, which were to be conducted in accordance with the existing negotiating directives.

(3) The negotiations for a Free Trade Agreement between the European Union and the Republic of Singapore (the Agreement) have been concluded, and the Agreement should be signed on behalf of the Union, subject to the fulfilment of the procedures required for conclusion at a later date,

HAS ADOPTED THIS DECISION:

Article 1 The signing on behalfof the Union of the Free Trade Agreement between the European Union and the Republic of Singapore is hereby authorised, subject to the conclusion of the said Agreement (1).

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

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

Done at Luxembourg, 15 October 2018. For the Council The President E. KÖSTINGER

(1) The text of the Agreement will be published together with the decision on its conclusion.
(6)

With regard to Romania, the alert thresholds set for variations between planned and actual traffic in Romania, laid down in the performance plan of Danube FAB, were reached for en route traffic for the years 2015 and 2017 and for terminal traffic for the years 2016 and 2017. Actual en route traffic was 13,9 % above planned in 2015 and 12,7 % above planned in 2017. Actual terminal traffic was 17,5 % above planned in 2016 and 23,3 % above planned in 2017. The unavailability of flight planning of major portions of the Eastern part of the Ukrainian airspace and of the Black Sea created significant shifts in traffic flows. Although it occurred in 2014, this crisis lasted longer and had further reaching implications for traffic in the Romanian airspace than originally foreseen. The traffic flows in the Romanian airspace were also impacted by the reduction of traffic demand between the Russian Federation and Turkey, as well as mutual interdiction of overflights of aircraft registered respectively by Ukraine and the Russian Federation. In addition, better than foreseen economic development in Romania led to significant increases in terminal traffic. For example, at the Bucharest airport, the number of movements of the three biggest low cost operators increased by 216 % during the years 2014 to 2017. The Commission therefore considers that the alert thresholds were reached due to circumstances that were unforeseeable at the time of adoption of the performance plan and are both insurmountable and beyond the control of Romania and that the conditions of point (b) of Article 17(1) and Article 19(2) of Implementing Regulation (EU) No 390/2013 have been met.
COUNCIL DECISION (EU) 2018/1714

of 6 November 2018

on the position to be taken on behalf of the European Union within the Joint Committee established by the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part, as regards the adoption of the rules of procedure of the Joint Committee and the adoption of the terms of reference of its sub-committees and working groups

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212(1), in conjunction with Article 218(9), thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part (1) (the ‘Agreement’) was signed in Manila on 7 August 2017 and it has been provisionally applied in part as of 4 October 2018.

(2) Article 56(1) of the Agreement establishes a Joint Committee, whose tasks include inter alia promoting the effective implementation of the Agreement.

(3) Article 56(4) of the Agreement provides that the Joint Committee is to adopt its rules of procedure and that it may set up sub-committees and working groups to deal with specific issues.

(4) The rules of procedure of the Joint Committee and the terms of reference of its sub-committees and working groups should be adopted as soon as possible, in order to ensure the effective implementation of the Agreement.

(5) The position of the Union within the Joint Committee as regards the adoption of the rules of procedure of the Joint Committee and the adoption of the terms of reference of its sub-committees and working groups should therefore be based on the attached draft Decisions of the Joint Committee,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on the Union's behalf in the first meeting of the Joint Committee established pursuant to Article 56 of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part, as regards the adoption of the rules of procedure of the Joint Committee and the adoption of the terms of reference of its sub-committees and working groups shall be based on the draft Decisions of the Joint Committee attached to this Decision.

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

Done at Brussels, 6 November 2018. For the Council The President H. LÖGER

(1) OJ L 237, 15.9.2017, p. 7.