ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 304/6

COUNCIL DECISION (EU) 2016/1973

of 8 November 2016

adopting the Council's position on draft amending budget No 5 of the European Union for the financial year 2016

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 7 October 2016, the Commission submitted a proposal containing draft amending budget No 5 to the general budget for the financial year 2016,

— for needs related to national Treasury management, draft amending budget No 5 to the general budget for 2016 needs to be adopted without delay. Therefore, it is justified to shorten, in accordance with Article 3(3) of the Council's Rules of Procedure, the 8-week period for the information of national Parliaments laid down in Article 4 of Protocol No 1,

HAS DECIDED AS FOLLOWS:

Sole Article

The Council's position on draft amending budget No 5 of the European Union for the financial year 2016 was adopted on 8 November 2016.

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

Done at Brussels, 8 November 2016. For the Council The President P. KAŽIMÍR

(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 332/1

COUNCIL DECISION (EU) 2016/2136

of 21 November 2016

on the signing, on behalf of the European Union, of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs

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(4), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 18 June 2007 the Council authorised the Commission to open negotiations with Iceland with a view to signing an agreement on the protection of geographical indications for agricultural products and foodstuffs (‘the Agreement’). The negotiations were successfully concluded by the initialling of the Agreement.

(2) The Parties agree to promote between each other the harmonious development of geographical indications as defined in Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1) and to foster trade in agricultural products and foodstuffs with geographical indications originating in the Parties' territories.

(3) Therefore, 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 Iceland on the protection of geographical indications for agricultural products and foodstuffs is hereby authorised, subject to the conclusion of the said Agreement (2).

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 Brussels, 21 November 2016. For the Council The President P. PLAVČAN

(1) Annex 1C of the Marrakesh Agreement Establishing the World Trade Organisation, signed in Marrakesh, Morocco on 15 April 1994.

(2) The text of the Agreement will be published in the Official Journal together with the decision on its conclusion.
EN Official Journal of the European Union L 345/129

COMMISSION IMPLEMENTING DECISION (EU) 2016/2324

of 19 December 2016

on the format of the report of planned start of ship recycling required under Regulation (EU) No 1257/2013 of the European Parliament and of the Council on ship recycling

(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 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (1), and in particular point (a) of Article 13(3) thereof,

Whereas:

(1) Regulation (EU) No 1257/2013 lays down requirements for ship recycling companies, ship recycling facilities and operators of ship recycling facilities regarding the recycling of ships flying the flag of a Member State of the Union.

(2) Pursuant to Article 13(2)(b) of Regulation (EU) No 1257/2013, the operator of a ship recycling facility is required to report to the administration that the ship recycling facility is ready in every respect to start the recycling of the ship. The format of the reports must be consistent with Appendix 6 to the International Convention for the Safe and Environmentally Sound Recycling of Ships adopted in Hong Kong on 15 May 2009 (‘Hong Kong Convention’).

(3) Pursuant to Article 3(6) of Regulation (EU) No 1257/2013, ‘ship recycling’ means the activity of complete or partial dismantling of a ship. A report of planned start of ship recycling is therefore needed in the event of partial dismantling. The format of the report of planned start of ship recycling refers to a single ship recycling facility. In the event of dismantling of a single ship taking place across several facilities, a separate report of planned start of ship recycling is required from each facility involved in the process.

(4) The measures provided for in this Decision are in accordance with the opinion of the Ship Recycling Regulation Committee established under Article 25 of Regulation (EU) No 1257/2013.

HAS ADOPTED THIS DECISION:

Article 1

Reports of planned start of ship recycling required under Article 13(2)(b) of Regulation (EU) No 1257/2013 shall comply with the format set out in the Annex to this Decision.

Article 2

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, 19 December 2016. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 330, 10.12.2013, p. 1.
EN Official Journal of the European Union L 348/1

COUNCIL DECISION (EU) 2016/2342

of 12 December 2016

on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of 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 209, in conjunction with point (a) of Article 218(6) 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,

Having regard to the consent of the European Parliament (1),

Whereas:

(1) In accordance with Council Decision 2014/717/EU (2), the Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’) has been signed, subject to its conclusion at a later date.

(2) The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved on behalf of the European Union and its Member States.

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 deposit, on behalf of the European Union and its Member States, the instrument of approval provided for in Article 4(1) of the Protocol.

Article 3

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

Done at Brussels, 12 December 2016. For the Council The President F. MOGHERINI

(1) Consent of 17 December 2015 (not yet published in the Official Journal).

(2) Council Decision 2014/717/EU of 8 October 2014 on the signing, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part, to take account of the accession of the Republic of Croatia to the European Union (OJ L 300, 18.10.2014, p. 1).
38.

“State Unitary Enterprise of the Crimean Republic ‘Crimean Sea Ports’” (“Государственное унитарное предприятие Республики Крым ‘Крымские морские порты’”), including branches: — Feodosia Commercial Port, — Kerch Ferry, — Kerch Commercial Port.

28 Kirova Street Kerch 298312 Crimea (298312, Республика Крым, гор. Керчь, ул. Кирова, дом 28)

The “Parliament of Crimea” adopted Resolution No 1757-6/14 on 17 March 2014“On nationalisation of some companies belonging to the Ukrainian Ministries of Infrastructure or Agriculture” and Resolution No 1865-6/14 on 26 March 2014“On State-Owned Enterprise ‘Crimean Sea Ports’” (“О Государственном предприятии ‘Крымские морские порты’”) declaring the appropriation of assets belonging to several State enterprises which were merged into the “State Unitary Enterprise of the Crimean Republic ‘Crimean Sea Ports’” on behalf of the “Republic of Crimea”. Those enterprises were thus effectively confiscated by the Crimean “authorities” and the “Crimean Sea Ports” has benefited from the illegal transfer of their ownership.
EN Official Journal of the European Union L 178/16

Corrigendum to the Council Decision (EU) 2017/470 of 28 February 2017 on the signing, on behalf of the European Union, of an Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union

( Official Journal of the European Union L 73 of 18 March 2017 )

On the contents page, in the title on page 1, and on page 2, recital 7 and Article 1:

for:

‘… Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, Switzerland, Norway and Turkey in the framework of the Generalised System of Preferences of the European Union’,

read:

‘… Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation on the cumulation of origin between the European Union, the Swiss Confederation, the Kingdom of Norway and the Republic of Turkey in the framework of the Generalised System of Preferences’.
(5)

Article 7 is replaced by the following: ‘Article 7 1. The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, of coal, iron, and iron ore, shall be prohibited, whether or not originating in the territory of the DPRK. The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph. 2. Paragraph 1 shall not apply with respect to coal that, as confirmed by the procuring Member State on the basis of credible information, originated from outside the DPRK and was transported through the DPRK solely for export from the port of Rajin (Rason), provided that that Member State notifies the Sanctions Committee in advance and such transactions are unrelated to generating revenue for the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and 2321 (2016) or by this Decision. 3. Paragraph 1 shall not apply with respect to total exports to all UN Member States of coal originating in the DPRK that in aggregate do not exceed 53 495 894 US dollars or 1 000 866 metric tons, whichever is lower, between the date of adoption of UNSCR 2321 (2016) and 31 December 2016, and to total exports to all UN Member States of coal originating in the DPRK that in aggregate do not exceed 400 870 018 US dollars or 7 500 000 metric tons per year, whichever is lower, beginning on 1 January 2017, provided that the procurements: (a) involve no individuals or entities that are associated with the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and 2321 (2016), including designated individuals or entities, individuals or entities acting on their behalf or at their direction, entities owned or controlled by them, directly or indirectly, or individuals or entities assisting in the evasion of sanctions; and (b) are exclusively for livelihood purposes of DPRK nationals and are unrelated to generating revenue for the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and 2321 (2016). 4. A Member State that procures coal directly from the DPRK shall notify the Sanctions Committee of the aggregate amount of the volume of such procurement for each month no later than 30 days after the conclusion of that month on the form set out in Annex V to UNSCR 2321 (2016). The Member State shall also communicate the information notified in this regard to the Sanctions Committee to the other Member States and to the Commission. 5. Paragraph 1 shall not apply to transactions in iron and iron ore that are determined to be exclusively for livelihood purposes and unrelated to generating revenue for the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or 2321 (2016).’;
EN Official Journal of the European Union C 54/4

COUNCIL DECISION

of 17 February 2017

appointing an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Portugal

(2017/C 54/04)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), and in particular Article 6 thereof,

Having regard to the lists of nominations for appointment submitted to the Council by the Governments of the Member States and by the employees' and employers' organisations,

Whereas:

(1) By its Decisions of 28 November 2016 (2) and 23 January 2017 (3), the Council appointed the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 1 December 2016 to 30 November 2019.

(2) The employees' organisation ETUC has submitted one nomination for a post to be filled,

HAS ADOPTED THIS DECISION:

Article 1

The following is appointed alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Portugal for the period ending on 30 November 2019:

I. REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS

Country Member Alternate member Portugal Mr Augusto COELHO PRAÇA

Article 2

The Council shall appoint the members and alternate members not yet nominated at a later date.

Article 3

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

Done at Brussels, 17 February 2017. For the Council The President E. BARTOLO

(1) OJ L 139, 30.5.1975, p. 1.

(2) Council Decision of 28 November 2016 appointing the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions (OJ C 447, 1.12.2016, p. 2).

(3) Council Decision of 23 January 2017 appointing members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Bulgaria, Italy, Lithuania, Luxembourg, Malta, Austria and Slovakia (OJ C 27, 27.1.2017, p. 8).
EN Official Journal of the European Union L 73/14

COUNCIL DECISION (EU, Euratom) 2017/476

of 3 March 2017

appointing a member, proposed by the Grand Duchy of Luxembourg, of the European Economic and Social Committee

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to the proposal of the Government of Luxembourg,

Having regard to the opinion of the European Commission,

Whereas:

(1) On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.

(2) A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Henri WAGENER,

HAS ADOPTED THIS DECISION:

Article 1

Mr Christophe HANSEN, Adviser in European Affairs, Chamber of Commerce of the Grand Duchy of Luxembourg, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.

Article 2

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

Done at Brussels, 3 March 2017. For the Council The President M. FARRUGIA

(1) Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

(2) Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).
EN Official Journal of the European Union C 92/7

COMMISSION DECISION

of 21 March 2017

to replace a member of the REFIT Platform Stakeholder group

(2017/C 92/03)

THE EUROPEAN COMMISSION,

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

Having regard to Commission Decision C(2015) 3261 final of 19 May 2015 establishing the REFIT Platform, and in particular Article 4 thereof,

Whereas:

(1) Decision C(2015) 3261 final establishing the REFIT Platform (hereinafter ‘the Platform’) provides in Article 4 that the Platform will comprise a ‘Government group’ and a ‘Stakeholder group’ and that the members of the Stakeholder group shall consist of up to 20 experts, two of them representing the European Economic and Social Committee and the Committee of the Regions and the rest from business, including from SMEs, and from social partners and civil society organisations having direct experience in the application of Union legislation. The experts in the stakeholder group shall be appointed in their personal capacity or to represent a common interest shared by a number of stakeholders.

(2) The Decision provides in Article 4.4 that the Commission, on a proposal from the First Vice-President of the Commission, shall appoint members of the Stakeholder group selected from applicants having direct experience in the application of Union legislation, who have responded to the call for applications. The appointments shall ensure, to the extent possible, a balanced representation of the various sectors, interests and regions of the Union and gender. Article 4.5 of the Decision provides that Members shall be appointed until 31 October 2019. Pursuant to Article 4.6 of the Decision, Members who resign may be replaced for the reminder of their term of office.

(3) Commission Decision C(2015) 9063 final of 16 December 2015 appointing the Members of the Stakeholder group of the REFIT Platform (1) provides that, should any Member of the Stakeholder group cease to be a Member during the term of office of the Platform, the First Vice-President may nominate a replacement from the initial list of candidates who responded to the call for expressions of interest to become Member of the Stakeholder group,

(4) Following the resignation of Mr Pierre Baussand as Member of the Stakeholder group as of 26 September 2016, the First Vice-President of the Commission has nominated Ms Nina Renshaw to replace Mr Baussand for the rest of his term of office,

HAS DECIDED AS FOLLOWS:

Sole article

Ms Nina Renshaw is appointed Member of the Stakeholder group of the REFIT Platform until 31 October 2019.

Done at Brussels, 21 March 2017. For the Commission Frans TIMMERMANS First Vice-President

(1) OJ C 425, 18.12.2015, p. 8.
EN Official Journal of the European Union L 108/35

COUNCIL DECISION (CFSP) 2017/734

of 25 April 2017

amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma

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 22 April 2013, the Council adopted Decision 2013/184/CFSP (1) concerning restrictive measures against Myanmar/Burma.

(2) On 21 April 2016, the Council adopted Decision (CFSP) 2016/627 (2) renewing the restrictive measures until 30 April 2017.

(3) On the basis of a review of Decision 2013/184/CFSP, the restrictive measures should be renewed until 30 April 2018.

(4) Decision 2013/184/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Article 3 of Decision 2013/184/CFSP is replaced by the following:

‘Article 3 This Decision shall apply until 30 April 2018. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’

Article 2

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

Done at Luxembourg, 25 April 2017. For the Council The President I. BORG

(1) Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures against Myanmar/Burma and repealing Decision 2010/232/CFSP (OJ L 111, 23.4.2013, p. 75).

(2) Council Decision (CFSP) 2016/627 of 21 April 2016 amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma (OJ L 106, 22.4.2016, p. 23).