ddrg/super_eurlex huggingface dataset:
(25)

The legal framework, including the enforcement measures, of Trinidad and Tobago seems not to comply with the basic requirements in Articles 61, 62 and 117 to 119 of UNCLOS and Articles 5 to 23 of UNFSA. The facts described in recitals (21) to (23) indicate that Trinidad and Tobago fails to fulfil the conditions of Article 94 of UNCLOS which stipulates that a flag State assumes jurisdiction under its internal law over each ship flying its flag and its master, officers and crew. The described behaviour of Trinidad and Tobago with respect to its vessels would also be in contradiction with Article 18(3) UNFSA which stipulates measures to be taken by a State in respect of vessels flying its flag. Furthermore, Trinidad and Tobago would not fulfil its compliance and enforcement obligations as a flag State stipulated in Article 19 of UNFSA since it appears to have failed to demonstrate that it acted and operated in accordance with the detailed rules laid down in that Article. In particular, the sanction scheme does not seem to be in line with Article 19(2) of UNFSA where it is established that sanctions applicable in respect of violations are to be adequate in severity to be effective in securing compliance and to discourage violations wherever they occur and are to deprive offenders of the benefits accruing from their illegal activities. Trinidad and Tobago also appears to fail to take into consideration the recommendations in point 24 of the IPOA IUU which advises flag States to ensure comprehensive and effective monitoring, control and surveillance of fishing, through the point of landing, to final destination, including by implementing the VMS in accordance with the relevant national, regional and international standards.
EN Official Journal of the European Union L 132/79

COUNCIL DECISION (EU) 2016/803

of 7 May 2015

on the signing, on behalf of the Union and its Member States, and provisional application of a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession to the European Union of the Republic of Croatia

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 Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 14 September 2012, the Council authorised the Commission to open negotiations, on behalf of the Union and its Member States and the Republic of Croatia, to conclude a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (1), to take account of the accession to the European Union of the Republic of Croatia (‘the Protocol’).

(2) Those negotiations were successfully completed on 24 April 2014.

(3) The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

(4) The Protocol should be applied provisionally,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession to the European Union of the Republic of Croatia is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the said 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, in accordance with Article 3(2) thereof, as from the signing thereof by the parties (2), pending its entry into force.

Article 4

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

Done at Brussels, 7 May 2015. For the Council The President E. RINKĒVIČS

(1) The text of the Agreement is published in OJ L 334, 6.12.2012, p. 3.

(2) The date from which the Protocol will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.
EN Official Journal of the European Union C 252/9

COMMISSION DECISION

of 6 July 2016

regarding the open source licensing of DG Maritime Affairs and Fisheries Integrated Fisheries Data Management software

(2016/C 252/03)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on European Union, the Treaty Establishing the European Atomic Energy Community and to the Treaty on the Functioning of the European Union,

Having regard to the Decision of the Commission of 19 September 2001 (PV1536) conferring to the Directors-General and Heads of Services the power to decide on the need to file an application for protection of intellectual property rights resulting from the activities or programmes for which they are responsible, the granting of licences related thereto, the acquisition, transfer or surrender or abandoning of rights, and to the Directors-General the power of administrative execution related thereto,

Whereas:

(1) The Directorate-General for Maritime Affairs and Fisheries (DG Maritime Affairs and Fisheries) has developed several information systems belonging to the Integrated Fisheries Data Management (IFDM) software suite for electronic exchanges of fishing activities data based on the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT) FLUX standard.

(2) The current IFDM suite (hereinafter referred to as the software) contains the following information systems: FLUX Transportation Layer for the exchange of electronic messages according to the UN/CEFACT standard, the Union Vessel Monitoring System (VMS) tool for the monitoring of vessel positions and for which DG Maritime Affairs and Fisheries has developed three modules (Spatial, reporting and USM) as well as the VMS ERS Viewer which extends Union VMS with functionality for the visualisation of electronic fishing logbooks in the UN/CEFACT format.

(3) The open source licensing of the software could benefit the worldwide harmonisation of fisheries data exchanges and allow cost savings. Therefore, the distribution of the software tools should be made available to Member States, third countries, Regional Fisheries Monitoring Organisations as well as the Food and Agriculture Organisation of the United Nations.

(4) DG Maritime Affairs and Fisheries, as DG responsible for the development and maintenance of the software and — at the same time — entrusted service for the administrative execution of decisions in the field of Intellectual Property, considers the open source licensing of the software appropriate and opportune.

(5) In order to distribute and to promote the use of the software and to avoid its exclusive appropriation, the software will be released under an open source license,

HAS DECIDED AS FOLLOWS:

Article 1

Non-exclusive open source licence terms may be applied for the distribution of the software with a view to enable its use, reproduction, development, and further distribution.

Article 2

This Decision will apply to any future releases or new versions of this software.
EN Official Journal of the European Union L 201/1

COUNCIL DECISION (EU) 2016/1218

of 18 July 2016

on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania 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 Article 217, in conjunction with point (a) of Article 218(6) and Article 218(8) thereof,

Having regard to the 2005 Act of Accession, 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,

Whereas:

(1) The Protocol to the Euro-Mediterranean Association Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, (‘Protocol’) was signed on behalf of the Union and its Member States on 18 June 2015.

(2) The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, is hereby approved on behalf of the Union and its Member States to take account of the accession of the Republic of Bulgaria and Romania to the Union (1).

Article 2

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

Done at Brussels, 18 July 2016. For the Council The President F. MOGHERINI

(1) The Protocol attached to the Decision on signature.
EN Official Journal of the European Union L 243/11

POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/1635

of 30 August 2016

on the commencement of the capacity building and training of the Libyan Coast Guard and Navy by the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (EUNAVFOR MED/3/2016)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 38 thereof,

Having regard to Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (1), and in particular Article 2a and Article 6(1) thereof,

Whereas:

(1) Council Decision (CFSP) 2016/993 (2), which amended Decision (CFSP) 2015/778, inserted Article 2a in that Decision with a view to adding assistance in the development of the capacities and in the training of the Libyan Coast Guard and Navy in law enforcement tasks at sea, in particular to prevent human smuggling and trafficking, as a supporting task of EUNAVFOR MED operation SOPHIA.

(2) Pursuant to Article 2a(2) of Decision (CFSP) 2015/778, when the Political and Security Committee decides that the necessary preparations have been made, in particular as regards force generation and vetting procedures for the trainees, EUNAVFOR MED operation SOPHIA is to assist on the high seas, within its agreed area of operation, in the development of the capacities and in the training of the Libyan Coast Guard and Navy in law enforcement tasks at sea, in particular to prevent human smuggling and trafficking.

(3) The EU Operation Commander has provided the Political and Security Committee with the assurance that the necessary preparations for that supporting task to commence have been made.

(4) EUNAVFOR MED operation SOPHIA should therefore be authorised to commence, within its agreed area of operation, assisting in the capacity building and training of the Libyan Coast Guard and navy on the high seas as provided for in Article 2a of Decision (CFSP) 2015/778.

(5) In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

HAS ADOPTED THIS DECISION:

Article 1

EUNAVFOR MED operation SOPHIA shall commence, within its agreed area of operation, assisting in the capacity building and training of the Libyan Coast Guard and navy on the high seas as provided for in Article 2a of Decision (CFSP) 2015/778.

Article 2

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

Done at Brussels, 30 August 2016. For the Political and Security Committee The Chairperson W. STEVENS

(1) OJ L 122, 19.5.2015, p. 31.

(2) Council Decision (CFSP) 2016/993 of 20 June 2016 amending Decision (CFSP) 2015/778 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (OJ L 162, 21.6.2016, p. 18).
EN Official Journal of the European Union L 324/18

COMMISSION IMPLEMENTING DECISION (EU) 2016/2093

of 29 November 2016

on a derogation as regards the date of application of the registered exporter system on exports from the overseas countries and territories

THE EUROPEAN COMMISSION,

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

Having regard to Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) (1), and in particular Article 63 of Annex VI thereto,

Whereas:

(1) In accordance with Annex VI to Decision 2013/755/EU, the new procedure for the certification of origin and the methods of administrative cooperation, the Registered Exporters (REX) system, will apply as of 1 January 2017. The current system of certification and administrative cooperation applies until 31 December 2016.

(2) The overseas countries and territories (OCTs) listed in Annex II to the Treaty have each addressed a letter to the Commission stating that they are not ready to start applying REX as from 1 January 2017 and requesting that the system is applied from a later date. All of the letters indicate that the OCTs will be able to apply the REX system from 1 January 2020.

(3) In view of those requests and to allow the OCTs the time to prepare to be in a position to apply the REX system, it is appropriate to grant a derogation from the registered exporter system to those OCTs and to allow them to apply Articles 21 to 35 and Articles 54, 55 and 56 of Annex VI to Decision 2013/755/EU after 1 January 2017.

(4) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from the registered exporter system, the OCTs listed in Annex II to the Treaty may continue to apply Articles 21 to 35 and Articles 54, 55 and 56 of Annex VI to Decision 2013/755/EU until 31 December 2019.

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, 29 November 2016. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 344, 19.12.2013, p. 1.
EN Official Journal of the European Union L 105/22

DECISION (EU) 2016/619 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 April 2016

on the mobilisation of the European Globalisation Adjustment Fund (EGF/2016/000 TA 2016 — Technical assistance at the initiative of the Commission)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 11(2) thereof,

Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activities have ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

(2) The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

(3) Regulation (EU) No 1309/2013 provides that a maximum of 0,5 % of the annual maximum amount of the EGF may be used each year for technical assistance at the initiative of the Commission.

(4) The EGF should, therefore, be mobilised in order to provide the sum of EUR 380 000 for technical assistance at the initiative of the Commission,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2016, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 380 000 in commitment and payment appropriations.

Article 2

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

Done at Strasbourg, 13 April 2016. For the European Parliament The President M. SCHULZ For the Council The President J.A. HENNIS-PLASSCHAERT

(1) OJ L 347, 20.12.2013, p. 855.

(2) OJ C 373, 20.12.2013, p. 1.

(3) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
EN Official Journal of the European Union L 320/31

Corrigendum to Commission Decision (EU) 2017/1246 of 7 June 2017 endorsing the resolution scheme for Banco Popular Español S.A.

( Official Journal of the European Union L 178 of 11 July 2017 )

On page 15, recital 4:

for:

‘The Commission agrees with the resolution scheme. In particular, it agrees with the reasons provided by the SRB of why resolution is necessary in the public interest in accordance with Article 5 of Regulation (EU) No 806/2014.’,

read:
EN Official Journal of the European Union L 5/22

COUNCIL DECISION (EU, Euratom) 2017/42

of 19 December 2016

appointing a member, proposed by the Italian Republic, 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 Italian Government,

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 (EU, Euratom) 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 Carmelo CEDRONE,

HAS ADOPTED THIS DECISION:

Article 1

Ms Ester VITALE, Segretaria Generale aggiunta UIL Caltanissetta e Enna, 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, 19 December 2016. For the Council The President L. SÓLYMOS

(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 L 23/21

COUNCIL DECISION (CFSP) 2017/154

of 27 January 2017

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) 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 (‘the list’).

(3) In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to review at regular intervals the names of persons, groups and entities on the list to ensure that there are grounds for keeping them thereon.

(4) This Decision sets out the result of the review that the Council has carried out in respect of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

(5) The Council has verified that competent authorities, as referred to in Article 1(4) of Common Position 2001/931/CFSP, have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP. The Council has also concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for therein.

(6) The list should be updated accordingly and Decision (CFSP) 2016/1136 should be repealed,

HAS ADOPTED THIS DECISION:

Article 1

The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply is set out in the Annex to this Decision.

Article 2

Decision (CFSP) 2016/1136 is repealed.

Article 3

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

Done at Brussels, 27 January 2017. For the Council The President E. SCICLUNA

(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 84/6

COUNCIL DECISION (CFSP) 2017/607

of 29 March 2017

amending Decision 2011/173/CFSP concerning restrictive measures in view of the situation in Bosnia and Herzegovina

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 21 March 2011, the Council adopted Decision 2011/173/CFSP (1).

(2) On the basis of a review of Decision 2011/173/CFSP, the restrictive measures should be renewed until 31 March 2018.

(3) Decision 2011/173/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The second paragraph of Article 6 of Decision 2011/173/CFSP is replaced by the following:

‘This Decision shall apply until 31 March 2018.’.

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 Brussels, 29 March 2017. For the Council The President L. GRECH

(1) Council Decision 2011/173/CFSP of 21 March 2011 concerning restrictive measures in view of the situation in Bosnia and Herzegovina (OJ L 76, 22.3.2011, p. 68).