ddrg/super_eurlex huggingface dataset:
(4)

the following article is inserted: ‘Article 28a 1. The prohibition set out in Article 28(5) shall not apply to funds or economic resources made available to the natural or legal persons and entities listed in Annexes I and II by public bodies, or by legal persons or entities which receive public funding to provide humanitarian relief in Syria or to provide assistance to the civilian population in Syria, where the provision of such funds or economic resources is in accordance with Article 5(3). 2. In cases not covered by paragraph 1 of this Article and by way of derogation from Article 28(5), the competent authorities of a Member State may authorise the making available of certain funds or economic resources, on the general and specific terms and conditions they deem appropriate, after having determined that the making available of funds or economic resources concerned is necessary for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria. 3. The prohibition in Article 28(5) shall not apply to funds or economic resources made available to the natural or legal persons or entities listed in Annexes I and II by diplomatic or consular missions where the provision of such funds or economic resources is in accordance with Article 5(4). 4. By way of derogation from Articles 28(1) and 28(2), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources on the general and specific terms and conditions they deem appropriate after having determined that the funds and economic resources concerned are necessary for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria. The funds or economic resources shall be released to the UN for the purpose of delivering or facilitating the delivery of assistance in Syria in accordance with the Syria Humanitarian Response Plan or any successor plan coordinated by the UN. 5. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 2 and 4 within two weeks of any authorisation granted.’.
EN Official Journal of the European Union L 348/25

POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/2352

of 7 December 2016

on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing Decision (CFSP) 2016/939 (EUTM Mali/2/2016)

THE POLITICAL AND SECURITY COMMITTEE,

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

Having regard to Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of Malian Armed Forces (EUTM Mali) (1), and in particular Article 5 thereof,

Whereas:

(1) Pursuant to Article 5(1) of Decision 2013/34/CFSP, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty on European Union, to take the relevant decisions concerning the political control and strategic direction of EUTM Mali, including the decisions to appoint the subsequent EU Mission Commanders.

(2) On 8 June 2016, the PSC adopted Decision (CFSP) 2016/939 (2), appointing Brigadier General Eric HARVENT as the new EU Mission Commander for EUTM Mali.

(3) Belgium has recommended the appointment of Brigadier General Peter DEVOGELAERE as the new EU Mission Commander for EUTM Mali to succeed Brigadier General Eric HARVENT as from 19 December 2016.

(4) On 31 October 2016, the EU Military Committee supported the recommendation.

(5) Decision (CFSP) 2016/939 should therefore be repealed.

(6) 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

Brigadier General Peter DEVOGELAERE is hereby appointed EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) as from 19 December 2016.

Article 2

Decision (CFSP) 2016/939 is hereby repealed.

Article 3

This Decision shall enter into force on 19 December 2016.

Done at Brussels, 7 December 2016. For the Political and Security Committee The Chairperson W. STEVENS

(1) OJ L 14, 18.1.2013, p. 19.

(2) Political and Security Committee Decision (CFSP) 2016/939 of 8 June 2016 on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing Decision (CFSP) 2015/2298 (EUTM Mali/1/2016) (OJ L 155, 14.6.2016, p. 25).
(3)

On 9 October 2015, the United Nations Security Council (UNSC) adopted Resolution 2240 (2015). That resolution reinforces the authority to take measures against the smuggling of migrants and human trafficking from the territory of Libya and off its coast. In particular, in paragraphs 7, 8 and 10 it authorises Member States, acting nationally or through regional organisations that are engaged in the fight against migrant smuggling and human trafficking, for a period of one year, ‘to inspect on the high seas off the coast of Libya vessels that they have reasonable grounds to suspect are being used for migrant smuggling or human trafficking from Libya, provided that such Member States and regional organisations make good faith efforts to obtain the consent of the vessel's flag State prior to using the authority outlined in this paragraph’. It also authorises Member States ‘to seize vessels inspected under the authority of paragraph 7 that are confirmed as being used for migrant smuggling or human trafficking from Libya, and underscores that further action with regard to such vessels inspected under the authority of paragraph 7, including disposal, will be taken in accordance with applicable international law with due consideration of the interests of any third parties who have acted in good faith’ and ‘to use all measures commensurate to the specific circumstances in confronting migrant smugglers or human traffickers in carrying out activities under paragraphs 7 and 8 and in full compliance with international human rights law, as applicable’.
EN Official Journal of the European Union L 45/10

COUNCIL DECISION (EU) 2016/242

of 12 February 2016

on the signing, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Andorra providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 14 May 2013, the Council authorised the Commission to open negotiations with the Principality of Andorra to amend the Agreement between the European Community and the Principality of Andorra providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (1), in order to align it with the recent developments at global level where it was agreed to promote automatic exchange of information as an international standard.

(2) The text of the Amending Protocol, which is the result of the negotiations, duly reflects the negotiating directives issued by the Council as it aligns the Agreement with the latest developments at international level concerning automatic exchange of information, namely with the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, its Member States and the Principality of Andorra have actively participated in the work of the Global Forum of the OECD for supporting the development and implementation of that Global Standard. The text of the Agreement, as amended by the Amending Protocol, is the legal basis for implementing the Global Standard in the relations between the Union and the Principality of Andorra.

(3) Therefore, the Amending 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 Amending Protocol to the Agreement between the European Community and the Principality of Andorra providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments is hereby authorised on behalf of the Union, subject to the conclusion of that Amending Protocol (2).

Article 2

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

Article 3

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

Done at Brussels, 12 February 2016. For the Council The President J.R.V.A. DIJSSELBLOEM

(1) OJ L 359, 4.12.2004, p. 33.

(2) The text of the Amending Protocol will be published together with the Decision on its conclusion.
EN Official Journal of the European Union L 68/16

COUNCIL DECISION (EU) 2016/367

of 4 March 2016

on the conclusion of the Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 171 and 172, in conjunction with Article 218(6)(a) and the first subparagraph of Article 218(8) thereof,

Having regard to the proposal from the European Commission,

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

Whereas:

(1) The Commission has negotiated the Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway (2) (‘the Agreement’) which was signed on 22 September 2010.

(2) The Agreement covers matters falling within the competence of the Union as well as Member States.

(3) In accordance with Article 12(4) of the Agreement and the Decision on its signature (3), the Agreement is applied on a provisional basis by the Union, as regards elements falling within its competence, and by the Kingdom of Norway, pending the completion of the procedures for its conclusion.

(4) The Agreement, which will also have to be ratified by Member States, should be approved on behalf of the Union for matters falling within its competence,

HAS ADOPTED THIS DECISION:

Article 1

The Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway is hereby approved on behalf of the Union (4).

Article 2

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

Done at Brussels, 4 March 2016. For the Council The President S.A.M. DIJKSMA

(1) OJ C 131 E, 8.5.2013, p. 155.

(2) OJ L 283, 29.10.2010, p. 12.

(3) OJ L 283, 29.10.2010, p. 11.

(4) The date of entry into force of the Agreement 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 111/2

DECISION OF THE GENERAL COURT

of 27 January 2016

on judicial vacations

(2016/C 111/02)

THE GENERAL COURT

Having regard to Article 41(2) of the Rules of Procedure,

HAS ADOPTED THIS DECISION:

Article 1

For the judicial year beginning on 1 September 2016, the dates of the judicial vacations within the meaning of Article 41(2) and (6) of the Rules of Procedure are as follows:

— Christmas 2016: from Monday 19 December 2016 to Sunday 8 January 2017 inclusive,

— Easter 2017: from Monday 10 April 2017 to Sunday 23 April 2017 inclusive,

— Summer 2017: from Friday 21 July 2017 to Sunday 3 September 2017 inclusive.

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
EN Official Journal of the European Union C 145/2

Decision of the Court of Justice

of 9 March 2016

on official holidays and judicial vacations

(2016/C 145/02)

THE COURT

having regard to Article 24(2), (4) and (6) of the Rules of Procedure,

whereas it is necessary, in accordance with that provision, to establish the list of official holidays and to set the dates of the judicial vacations,

HAS ADOPTED THIS DECISION:

Article 1

The list of official holidays within the meaning of Article 24(4) and (6) of the Rules of Procedure is established as follows:

— New Year’s Day,

— Easter Monday,

— 1 May,

— Ascension,

— Whit Monday,

— 23 June,

— 15 August,

— 1 November,

— 25 December,

— 26 December.

Article 2

For the period from 1 November 2016 to 31 October 2017, the dates of the judicial vacations within the meaning of Article 24(2) and (6) of the Rules of Procedure are as follows:

— Christmas 2016: from Monday 19 December 2016 to Sunday 8 January 2017 inclusive,

— Easter 2017: from Monday 10 April 2017 to Sunday 23 April 2017 inclusive,

— Summer 2017: from Friday 21 July 2017 to Sunday 3 September 2017 inclusive.

Article 3

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
EN Official Journal of the European Union L 131/66

COUNCIL DECISION (EU) 2016/783

of 12 May 2016

on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Line 12.02.01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

(2) Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 to the EEA Agreement (‘Protocol 31’).

(3) Protocol 31 contains provisions on cooperation in specific fields outside the four freedoms.

(4) It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the European Union regarding the implementation and development of the single market for financial services.

(5) Protocol 31 should therefore be amended in order to allow for this extended cooperation to continue beyond 31 December 2015.

(6) The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on the Union's behalf, within the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.

Article 2

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

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

(1) OJ L 305, 30.11.1994, p. 6.

(2) OJ L 1, 3.1.1994, p. 3.
EN Official Journal of the European Union L 188/25

COUNCIL DECISION (CFSP) 2016/1137

of 12 July 2016

on the launch of the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,

Having regard to Council Decision (CFSP) 2016/610 of 19 April 2016 on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (1), and in particular Article 4 thereof,

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

Whereas:

(1) On 19 April 2016, the Council adopted Decision (CFSP) 2016/610.

(2) Following the recommendation of the EU Mission Commander, EUTM RCA should be launched on 16 July 2016.

(3) 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 implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, is neither bound by it nor subject to its application, and does not participate in the financing of this mission,

HAS ADOPTED THIS DECISION:

Article 1

The Mission Plan and the Rules of Engagement concerning the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) are approved.

Article 2

EUTM RCA shall be launched on 16 July 2016.

Article 3

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

Done at Brussels, 12 July 2016. For the Council The President P. KAŽIMÍR

(1) OJ L 104, 20.4.2016, p. 21.
EN Official Journal of the European Union L 274/31

COUNCIL DECISION (CFSP) 2016/1791

of 12 July 2016

on the signing and conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Central African Republic on the status of the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA)

THE COUNCIL OF THE EUROPEAN UNION,

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

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

Whereas:

(1) On 19 April 2016, the Council adopted Decision (CFSP) 2016/610 (1) on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA), which provides that the status of EU-led units and personnel, including the privileges, immunities and further guarantees necessary for the fulfilment and smooth functioning of their mission, shall be the subject of an agreement concluded pursuant to Article 37 of the Treaty on European Union (TEU) and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union (TFEU).

(2) Following the adoption on 19 April 2016 of a Decision by the Council, authorising the opening of negotiations to that end, the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with Article 37 TEU, negotiated an Agreement in the form of an Exchange of Letters between the European Union and the Central African Republic on the status of EUTM RCA in the Central African Republic.

(3) In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision and therefore does not participate in the financing of this mission.

(4) The Agreement in the form of an Exchange of Letters should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement in the form of an Exchange of Letters between the European Union and the Central African Republic on the status of the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) is hereby approved on behalf of the Union.

The text of the Agreement in the form of an Exchange of Letters 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 the form of an Exchange of Letters in order to bind the Union.

Article 3

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

Done at Brussels, 12 July 2016. For the Council The President P. KAŽMIR

(1) Council Decision (CFSP) 2016/610 of 19 April 2016 on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (OJ L 104, 20.4.2016, p. 21).
EN Official Journal of the European Union L 289/20

COUNCIL DECISION (EU) 2016/1883

of 18 October 2016

establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the United States' request for a WTO waiver to permit the US to provide preferential treatment to eligible products originating in Nepal

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(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Paragraphs 3 and 4 of Article IX of the Marrakesh Agreement establishing the World Trade Organization (‘WTO Agreement’) set out the procedures for waiving an obligation imposed on a Member by the WTO Agreement or any of the Multilateral Trade Agreements.

(2) Pursuant to paragraph 3 of Article IX of the WTO Agreement, the United States submitted a request to waive until 31 December 2025 its obligations under paragraph 1 of Article I and paragraphs 1 and 2 of Article XIII of the General Agreement on Tariffs and Trade 1994 to the extent necessary to permit the United States to provide preferential treatment to eligible products originating in Nepal imported into the customs territory of the United States.

(3) The granting of the United States request for a WTO waiver would not affect negatively either the economy of the Union or the trade relations with the beneficiary of the waiver.

(4) It is appropriate, therefore, to establish the position to be taken on behalf of the Union within the WTO General Council to support the waiver request by the United States,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on behalf of the Union within the General Council of the World Trade Organization shall be to support the United States' request to waive its obligations under paragraph 1 of Article I and paragraphs 1 and 2 of Article XIII of the General Agreement on Tariffs and Trade 1994 until 31 December 2025 in accordance with the terms of the United States' waiver request.

This position shall be expressed by the Commission.

Article 2

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