ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 352/54

COUNCIL DECISION 2012/812/CFSP

of 20 December 2012

amending Common Position 2003/495/CFSP on Iraq

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 7 July 2003, the Council adopted Common Position 2003/495/CFSP on Iraq (1) in implementation of United Nations Security Council (UNSC) Resolution 1483 (2003).

(2) On 15 December 2010, the UNSC adopted Resolution 1956 (2010) by which it decided that the full proceeds from the Development Fund for Iraq should be transferred to the Government of Iraq’s successor arrangements account or accounts and that the Development Fund for Iraq should be terminated no later than 30 June 2011.

(3) Common Position 2003/495/CFSP should therefore be amended to permit the transfer of frozen funds, other financial assets or economic resources to the successor arrangements to the Development Fund for Iraq put in place by the Government of Iraq under the conditions set out in Security Council Resolutions 1483 (2003) and 1956 (2010).

(4) Common Position 2003/495/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Common Position 2003/495/CFSP is hereby amended as follows:

Article 2 is replaced by the following:

‘Article 2 All funds or other financial assets or economic resources: (a) of the previous Government of Iraq or its State bodies, corporations or agencies located outside Iraq on the date of 22 May 2003, as designated by the Committee established pursuant to Security Council Resolution 661 (1990); or (b) that have been removed from Iraq, or acquired by Saddam Hussein or other senior officials of the former Iraqi regime and their immediate family members, including entities owned or controlled directly or indirectly by them or by persons acting on their behalf or at their direction, as designated by the Committee established pursuant to Security Council Resolution 661 (1990); shall be frozen without delay and, unless those funds or other financial assets or economic resources are themselves the subject of a prior judicial, administrative or arbitral lien or judgement, in which case they may be used to satisfy such lien or judgement, Member States shall immediately cause their transfer to the successor arrangements to the Development Fund for Iraq put in place by the Government of Iraq under the conditions set out in Security Council Resolutions 1483 (2003) and 1956 (2010).’

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, 20 December 2012. For the Council The President E. FLOURENTZOU

(1) OJ L 169, 8.7.2003, p. 72.
EN Official Journal of the European Union L 117/1

COUNCIL DECISION

of 23 April 2012

on the signing on behalf of the European Union of the Agreement in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultrymeat provided for in the EU Schedule annexed to GATT 1994, and of the Agreement in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultrymeat provided for in the EU Schedule annexed to GATT 1994

(2012/231/EU)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

Whereas:

(1) On 25 May 2009 the Council authorised the Commission to open negotiations under Article XXVIII of the GATT 1994 with a view to the renegotiation of concessions on poultrymeat tariff lines under Chapter 16 of the Combined Nomenclature as provided for in Article 1 of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1) (hereinafter ‘CN’).

(2) Those negotiations resulted in Agreements in the form of Exchanges of Letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011 (hereinafter ‘the Agreements’).

(3) The Agreements should be signed,

HAS ADOPTED THIS DECISION:

Article 1

The President of the Council is hereby authorised to designate the person(s) empowered to sign on behalf of the Union the Agreement in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultrymeat provided for in the EU Schedule annexed to GATT 1994, and the Agreement in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultrymeat provided for in the EU Schedule annexed to GATT 1994 (2).

Article 2

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

Done at Luxembourg, 23 April 2012. For the Council The President C. ASHTON

(1) OJ L 256, 7.9.1987, p. 1.

(2) The texts of the Agreements will be published together with the decisions on their conclusion.
EN Official Journal of the European Union C 116/1

COUNCIL DECISION

adopting the Council position on draft amending budget No 1 of the European Union for the financial year 2012

2012/C 116/01

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), as last amended by Regulation (EU, Euratom) No 1081/2010 of the European Parliament and of the Council of 24 November 2010 (2), and in particular Article 37 thereof,

Whereas:

— the Union's budget for the financial year 2012 was definitively adopted on 1 December 2011 (3),

— on 27 January 2012, the Commission submitted a proposal containing draft amending budget No 1 to the general budget for the financial year 2012,

HAS DECIDED AS FOLLOWS:

Sole Article

The Council's position on draft amending budget No 1 of the European Union for the financial year 2012 was adopted on 26 March 2012.

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

Done at Brussels, 26 March 2012. For the Council The President N. WAMMEN

(1) OJ L 248, 16.9.2002, p. 1, with corrigenda in OJ L 25, 30.1.2003, p. 43 and in OJ L 99, 14.4.2007, p. 18.

(2) OJ L 311, 26.11.2010, p. 9.

(3) OJ L 56, 29.2.2012, p. 1.
EN Official Journal of the European Union L 154/11

COUNCIL DECISION

of 10 May 2012

designating the European Capital of Culture for the year 2016 in Spain and Poland

(2012/309/EU)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular Article 9(3) thereof,

Having regard to the recommendation from the European Commission,

Having regard to the Selection Panel report of June 2011 regarding the selection process of the European Capitals of Culture in Spain and Poland respectively,

Whereas:

Considering that the criteria referred to in Article 4 of Decision No 1622/2006/EC are entirely fulfilled,

HAS ADOPTED THIS DECISION:

Article 1

Donostia-San Sebastián and Wroclaw are designated as ‘European Capitals of Culture 2016’ in Spain and Poland.

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, 10 May 2012. For the Council The President U. ELBÆK

(1) OJ L 304, 3.11.2006, p. 1.
EN Official Journal of the European Union L 151/3

COUNCIL DECISION

of 7 June 2012

on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

(2012/298/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(2), 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) Protocol 31 to the Agreement on the European Economic Area (2) (‘the EEA Agreement’) contains specific provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

(2) It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Decision No 940/2011/EU of the European Parliament and of the Council of 14 September 2011 on the European Year for Active Ageing and Solidarity between Generations (2012) (3).

(3) Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2012.

(4) The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union in the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement 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 day of its adoption.

Done at Luxembourg, 7 June 2012. For the Council The President M. BØDSKOV

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

(2) OJ L 1, 3.1.1994, p. 3.

(3) OJ L 246, 23.9.2011, p. 5.
EN Official Journal of the European Union L 141/1

COUNCIL DECISION

of 24 April 2012

on the conclusion by the European Union of the amended Constitution and Rules of Procedure of the International Rubber Study Group

(2012/283/EU)

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) in conjunction with Article 218(6)(a)(v) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1) Further to several rounds of negotiation, on 14 July 2011 the Heads of Delegation of the International Rubber Study Group (‘the Group’) agreed on the text of the amendments to the Group’s Constitution and Rules of Procedure.

(2) The Union is a member of the Group.

(3) Those Member States of the Union that were members of the Group have served formal notices of withdrawal and have withdrawn from the Group as from 1 July 2011.

(4) The adoption of the Group’s amended Constitution and Rules of Procedure is indispensable for confirming the Group’s new Headquarters and for making explicit provisions regarding the status of the Union within the Group, as well as for realigning the organisational structure, budget contributions and decision-making procedures.

(5) The signature, on behalf of the Union, of the Group’s amended Constitution and Rules of Procedure has been authorised by Council Decision 2011/664/EU (1) which also has provided for their application on a provisional basis, pending the completion of the procedures for their conclusion.

(6) The Group’s amended Constitution and Rules of Procedure should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The amended Constitution and Rules of Procedure of the International Rubber Study Group (‘the Group’) are hereby approved on behalf of the Union.

The texts of the amended Constitution and Rules of Procedure have been published in the Official Journal of the European Union (2).

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to confirm in writing to the Secretary-General of the Group the agreement of the Union to be bound by the amended Constitution and Rules of Procedure.

Article 3

The Union shall be represented by representatives of the Commission in the Group’s meetings of Heads of Delegation as established by Article IX of the amended Constitution.

The Member States may participate as part of the delegation of the Union at the meetings of the Heads of Delegation.

Article 4

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

Done at Luxembourg, 24 April 2012. For the Council The President N. WAMMEN

(1) OJ L 264, 8.10.2011, p. 12.

(2) OJ L 264, 8.10.2011, p. 14.
EN Official Journal of the European Union L 244/4

COUNCIL DECISION

of 26 June 2012

on the signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation

(2012/499/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 28 November 2002, the Council authorised the Commission to open negotiations with the Republic of Turkey on the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation (the ‘Agreement’). The negotiations were successfully concluded by the initialling of the Agreement on 21 June 2012.

(2) In accordance with Articles 1 and 2 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of the said Protocol, the United Kingdom is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(3) In accordance with Articles 1 and 2 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of the said Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(4) In accordance with Articles 1 and 2 of the 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 take part in the adoption of this Decision and is not bound by it or subject to its application.

(5) The Agreement should be signed, subject to its conclusion at a later date,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement.

Article 2

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

Article 3

This Decision shall enter into force on the day of its adoption.
EN Official Journal of the European Union L 218/19

DECISION OF THE EUROPEAN CENTRAL BANK

of 2 August 2012

repealing Decision ECB/2011/25 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral

(ECB/2012/17)

(2012/475/EU)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1, Article 12.1, Article 18 and the second indent of Article 34.1,

Whereas:

(1) Decision ECB/2011/25 of 14 December 2011 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral (1) should be replaced by Guideline ECB/2012/18 of 2 August 2012 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral and amending Guideline ECB/2007/9 (2) to allow the national central banks to implement the additional enhanced credit support measures in the contractual and regulatory framework applicable to their counterparties.

(2) Decision ECB/2011/25 should be repealed,

HAS ADOPTED THIS DECISION:

Article 1

Repeal of Decision ECB/2011/25

1. Decision ECB/2011/25 is repealed with effect from 14 September 2012.

2. References to the repealed Decision shall be construed as references to Guideline ECB/2012/18.

Article 2

Entry into force

This Decision shall enter into force two days following its adoption.

Done at Frankfurt am Main, 2 August 2012. The President of the ECB Mario DRAGHI

(1) OJ L 341, 22.12.2011, p. 65.

(2) See page 20 of this Official Journal.
EN Official Journal of the European Union L 282/45

POLITICAL AND SECURITY COMMITTEE DECISION EULEX KOSOVO/2/2012

of 12 October 2012

extending the mandate of the Head of Mission of the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO

(2012/631/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

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

Having regard to Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2), and in particular Article 12(2) thereof,

Whereas:

(1) Pursuant to Article 12(2) of Joint Action 2008/124/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including the decision to appoint a Head of Mission.

(2) On 5 June 2012, the Council adopted Decision 2012/291/CFSP (3) extending the duration of EULEX KOSOVO until 14 June 2014.

(3) On 27 July 2010, following a proposal by the High Representative of the Union for Foreign Affairs and Security Policy (HR), the PSC adopted Decision 2010/431/CFSP (4), appointing Mr Xavier BOUT DE MARNHAC as Head of Mission of EULEX KOSOVO with effect from 15 October 2010. His mandate was subsequently extended by Decision EULEX KOSOVO/1/2012 (5) until 14 October 2012.

(4) On 4 October 2012, the HR proposed the extension of the mandate of Mr Xavier BOUT DE MARNHAC as Head of Mission of EULEX KOSOVO until 31 January 2013,

HAS ADOPTED THIS DECISION:

Article 1

The mandate of Mr Xavier BOUT DE MARNHAC as Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO is hereby extended until 31 January 2013.

Article 2

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

Done at Brussels, 12 October 2012. For the Political and Security Committee The Chairperson O. SKOOG

(1) This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.

(2) OJ L 42, 16.2.2008, p. 92.

(3) OJ L 146, 6.6.2012, p. 46.

(4) OJ L 202, 4.8.2010, p. 10.

(5) OJ L 154, 15.6.2012, p. 24.
EN Official Journal of the European Union L 349/3

COUNCIL DECISION

of 11 December 2012

on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement

(2012/793/EU)

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(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1) In accordance with Council Decision 2012/105/EU (1), the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union (‘the Agreement’) and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement (‘the Protocol’), were signed on 16 December 2011, subject to their conclusion.

(2) The Agreement and the Protocol 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 Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union, and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement are hereby approved on behalf of the Union (2).

Article 2

The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to make the notification provided for in the Agreement and in paragraph 2 of Article 26 of the Protocol, in order to express the consent of the Union to be bound by the Agreement and the Protocol (3).

Article 3

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

Done at Brussels, 11 December 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 57, 29.2.2012, p. 1.

(2) The Agreement and the Protocol have been published in OJ L 57 of 29.2.2012, together with the decision on signing.

(3) The date of entry into force of the Agreement and the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.