ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 319/42

COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2016/2060

of 23 November 2016

amending Decision 90/176/Euratom, EEC authorising France not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base

(notified under document C(2016) 7426)

(Only the French text is authentic)

THE EUROPEAN COMMISSION,

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

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular the second indent of Article 6(3) thereof,

After consulting the Advisory Committee on Own Resources,

Whereas:

(1) Under Article 371 of Council Directive 2006/112/EC (2), France may, in accordance with the conditions applying in that Member State on 1 January 1978, continue to exempt the transactions listed in Annex X, Part B; those transactions must be taken into account for the determination of the VAT own resources base.

(2) By Commission Decision 90/176/Euratom EEC (3), France has an authorisation to use approximate estimates for transactions referred to in point 1 of Annex X, Part B to Directive 2006/112/EC.

(3) In its email of 27 April 2016 (4), France requested the withdrawal of its authorisation for the calculation of its VAT own resources base for transactions referred to in point 1 of Annex X, Part B to Directive 2006/112/EC, as it is no longer necessary due to a change in the national legislation with effect from 1 January 2015. The authorisation should be withdrawn as requested by France.

(4) It is therefore appropriate to amend Decision 90/176/Euratom, EEC accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Decision 90/176/Euratom, EEC, Point 1 of Article 2 is repealed.

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 23 November 2016. For the Commission Kristalina GEORGIEVA Vice-President

(1) OJ L 155, 7.6.1989, p. 9.

(2) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

(3) Commission Decision 90/176/Euratom, EEC of 23 March 1990 authorising France not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base (OJ L 99, 19.4.1990, p. 22).

(4) Ares(2016)2019351.
EN Official Journal of the European Union L 352/92

COUNCIL DECISION (CFSP) 2016/2384

of 22 December 2016

updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and amending Decision (CFSP) 2016/1136

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

(2) On 12 July 2016, the Council adopted Decision (CFSP) 2016/1136 (2), updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP.

(3) The Council has determined that an additional three persons have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that those persons should be added to the list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

(4) The list of persons, groups and entities to which Common Position 2001/931/CFSP applies should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision (CFSP) 2016/1136 is amended as set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 22 December 2016. For the Council The President M. LAJČÁK

(1) Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

(2) Council Decision (CFSP) 2016/1136 of 12 July 2016 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2015/2430 (OJ L 188, 13.7.2016, p. 21).
EN Official Journal of the European Union L 345/66

COMMISSION IMPLEMENTING DECISION (EU) 2016/2316

of 16 December 2016

amending Implementing Decision (EU) 2015/1849 on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain vegetables originating in Ghana

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular the third sentence of Article 16(3), thereof,

Whereas:

(1) Commission Implementing Decision (EU) 2015/1849 (2) prohibits the introduction into the territory of the Union of plants, other than seeds, of Capsicum L., Lagenaria Ser., Luffa Mill., Momordica L. and Solanum L., other than S. lycopersicum L., originating in Ghana.

(2) That prohibition is limited in time. It applies until the end of the year 2016. The audit carried out in Ghana in September 2016 revealed that the shortcomings in the phytosanitary export certification system of that third country persist. Consequently, it is appropriate to extend that prohibition until 31 December 2017.

(3) Implementing Decision (EU) 2015/1849 should therefore be amended accordingly.

(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1

Article 2 of Implementing Decision (EU) 2015/1849 is replaced by the following:

‘Article 2 Article 1 shall apply until 31 December 2017.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 16 December 2016. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1.

(2) Commission Implementing Decision (EU) 2015/1849 of 13 October 2015 on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain vegetables originating in Ghana (OJ L 268, 15.10.2015, p. 33).
2.

Decides that the Committee of Inquiry shall: — investigate the alleged failure of the Commission to comply with the obligation imposed by Article 14(3) of Regulation (EC) No 715/2007 to keep under review the test cycles used to measure emissions and to adapt them, if they are no longer adequate or no longer reflect real world emissions, so as to adequately reflect the emissions generated by real driving on the road, despite information relating to serious and persistent exceedances of the emissions limit values for vehicles in normal use, in contravention of the obligations set out in Article 5(1) of Regulation (EC) No 715/2007, including the Commission's Joint Research Centre's reports of 2011 and 2013 and research by the International Council on Clean Transportation (ICCT) made available in May 2014; — investigate the alleged failure of the Commission and the Member States' authorities to take proper and effective action to oversee the enforcement of, and to enforce, the explicit ban on defeat devices, as provided for in Article 5(2) of Regulation (EC) No 715/2007; — investigate the alleged failure of the Commission to introduce tests reflecting real-world driving conditions in a timely manner and to adopt measures addressing the use of defeat mechanisms, as provided for in Article 5(3) of Regulation (EC) No 715/2007; — investigate the alleged failure of Member States to lay down provisions on effective, proportionate and dissuasive penalties applicable to manufacturers for infringements of the provisions of Regulation (EC) No 715/2007, including the use of defeat devices, the refusal to provide access to information, and the falsification of test results for type-approval or in-service conformity, as required by Article 13(1) and (2) of that Regulation; — investigate the alleged failure of the Member States to take all measures necessary to ensure that the provisions on penalties applicable for infringements of Regulation (EC) No 715/2007 are implemented as required by Article 13(1) of that Regulation; — collect and analyse information to ascertain whether the Commission and the Member States had evidence of the use of defeat mechanisms before the Notice of Violation issued by the Environmental Protection Agency of the United States of America on 18 September 2015; — collect and analyse information on the implementation by the Member States of the provisions of Directive 2007/46/EC, in particular as regards Article 12(1) and Article 30(1), (3) and (4); — collect and analyse information to ascertain whether the Commission and Member States had evidence of defeat devices being used for CO2 emissions tests; — make any recommendations that it deems necessary in this matter;
EN Official Journal of the European Union L 67/31

COUNCIL DECISION (EU) 2016/357

of 15 January 2016

on the position to be adopted by the European Union within the EU-the former Yugoslav Republic of Macedonia Stabilisation and Association Council on the participation of the former Yugoslav Republic of Macedonia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework set out in Articles 4 and 5 of Regulation (EC) No 168/2007, including provisions relating to participation in initiatives undertaken by the Agency, to the financial contribution and to staff

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 352, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Luxembourg European Council of December 1997 made participation in Union agencies a way of stepping up the pre-accession strategy. The conclusions of that European Council state that the Union ‘agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’.

(2) Council Regulation (EC) No 168/2007 (1) provides that the European Union Agency for Fundamental Rights (the ‘Agency’) is to be open to the participation of candidate countries within the framework set out in Articles 4 and 5 thereof.

(3) The former Yugoslav Republic of Macedonia shares the aims and objectives of the Agency and subscribes to the scope and description of the tasks of the Agency, as provided for in Regulation (EC) No 168/2007.

(4) The former Yugoslav Republic of Macedonia's ultimate objective is to become a member of the Union, and its participation in the Agency will help it achieve this objective,

HAS ADOPTED THIS DECISION:

Sole Article

The position to be adopted by the European Union in the EU-the former Yugoslav Republic of Macedonia Stabilisation and Association Council on the participation of the former Yugoslav Republic of Macedonia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof shall be based on the draft Decision of the EU-the former Yugoslav Republic of Macedonia Stabilisation and Association Council attached to this Decision.

Done at Brussels, 15 January 2016. For the Council The President J.R.V.A. DIJSSELBLOEM

(1) Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
EN Official Journal of the European Union L 74/1

COUNCIL DECISION (EU) 2016/402

of 15 January 2016

concerning the signing and conclusion of the Agreement between the Council of Ministers of the Republic of Albania and the European Union on security procedures for exchanging and protecting classified information

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, in particular Article 37 thereof, and the Treaty on the Functioning of the European Union, in particular Article 218(5) and the first subparagraph of Article 218(6) thereof,

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) At its meeting on 20 January 2014, the Council decided to authorise the High Representative of the Union for Foreign Affairs and Security Policy (HR) to open negotiations pursuant to Article 37 of the Treaty on European Union and in accordance with the procedure laid down in Article 218(3) of the Treaty on the Functioning of the European Union in order to conclude an Agreement on the security of information between the Council of Ministers of the Republic of Albania and the European Union.

(2) Following that authorisation, the HR negotiated an Agreement with the Council of Ministers of the Republic of Albania on security procedures for exchanging and protecting classified information.

(3) That Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the Council of Ministers of the Republic of Albania and the European Union on security procedures for exchanging and protecting classified information is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.

Article 3

This Decision shall enter into force on the day of its adoption.
EN Official Journal of the European Union C 227/2

COUNCIL DECISION

of 17 June 2016

adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2016

(2016/C 227/03)

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) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,

Whereas:

— the Union’s budget for the financial year 2016 was definitively adopted on 25 November 2015 (2),

— on 15 April 2016, the Commission submitted a proposal containing draft amending budget No 2 to the general budget for the financial year 2016,

HAS DECIDED AS FOLLOWS:

Sole Article

The Council’s position on draft amending budget No 2 of the European Union for the financial year 2016 was adopted on 17 June 2016.

The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

Done at Luxembourg, 17 June 2016. For the Council The President J. R. V. A. DIJSSELBLOEM

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

(2) OJ L 48, 24.2.2016, p. 1.
EN Official Journal of the European Union L 217/51

COMMISSION IMPLEMENTING DECISION (EU) 2016/1373

of 11 August 2016

approving the Network Performance Plan for the second reference period of the Single European Sky performance scheme (2015-2019)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (1), and in particular Article 11(1) thereof,

Having regard to Commission Implementing Regulation (EU) No 390/2013 of 3 May 2013 laying down a performance scheme for air navigation services and network functions (2), and in particular Article 6(d) thereof,

Whereas:

(1) In accordance with Commission Regulation (EU) No 677/2011 (3), the Network Manager is to contribute to the implementation of the performance scheme.

(2) In accordance with Implementing Regulation (EU) No 390/2013, the Network Manager drew up the Network Performance Plan for the second reference period of the Single European Sky performance scheme (2015-2019) and submitted it to the Commission.

(3) The Commission, assisted by the Performance Review Body, has assessed the Network Performance Plan against the Union-wide performance targets and, mutatis mutandis, the criteria laid down in Annex IV to Implementing Regulation (EU) No 390/2013, as well as the other requirements of that Regulation.

(4) That assessment has shown that the Network Performance Plan is in accordance with those targets, criteria and requirements. In particular, as regards the key performance areas of safety, environment and capacity, the targets set out in the plan are equal to the respective Union-wide targets and they are consequently consistent with those Union-wide targets. As regards the key performance area of cost-efficiency, the targets set out in the plan are also consistent with the Union-wide targets, given that the trend of determined unit cost reduction is above the Union-wide target.

(5) It is therefore appropriate for the Commission to approve the final version of the Network Performance Plan, in its edition of June 2015, as drawn up by the Network Manager and submitted to the Commission,

HAS ADOPTED THIS DECISION:

Article 1

The Network Performance Plan for the second reference period of the Single European Sky performance scheme (2015-2019), in its edition of June 2015, as submitted by the Network Manager, is approved.

Article 2

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

Done at Brussels, 11 August 2016. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 96, 31.3.2004, p. 1.

(2) OJ L 128, 9.5.2013, p. 1.

(3) Commission Regulation (EU) No 677/2011 of 7 July 2011 laying down detailed rules for the implementation of air traffic management (ATM) network functions and amending Regulation (EU) No 691/2010 (OJ L 185, 15.7.2011, p. 1).
EN Official Journal of the European Union L 250/1

COUNCIL DECISION (EU) 2016/1623

of 1 June 2016

on the signing, on behalf of the European Union and provisional application of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(3) and (4) and Article 209(2), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 12 June 2002, the Council authorised the Commission to open negotiations for Economic Partnership Agreements with the African, Caribbean and Pacific Group of States.

(2) The negotiations have been concluded and the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States (comprising Botswana, Lesotho, Mozambique, Namibia, Swaziland and South Africa), of the other part (‘the Agreement’), was initialled on 15 July 2014.

(3) The Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, calls for the conclusion of WTO-compatible Economic Partnership Agreements.

(4) Article 113(3) of the Agreement provides for its provisional application by the Union and the SADC EPA States pending its entry into force.

(5) The Agreement should be signed on behalf of the Union and it should be applied, as regards those elements falling within the competence of the Union, on a provisional basis, pending the completion of the procedures for its conclusion,

HAS ADOPTED THIS DECISION:

Article 1

1. The signing on behalf of the European Union of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement.

2. The text of the Agreement is attached to this Decision.

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

1. As regards those elements falling within the competence of the Union, the Agreement shall be applied by the Union on a provisional basis as provided for in Article 113(3) thereof, pending the completion of the procedures for its conclusion. This does not prejudge the allocation of competences between the Union and its Member States in accordance with the Treaties.

2. Article 12(4) of the Agreement shall not be provisionally applied by the Union.

3. The Commission shall publish a notice indicating the date of provisional application of the Agreement.

Article 4

The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts or tribunals.

Article 5

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