ddrg/super_eurlex huggingface dataset:
COUNCIL DECISION (EU) 2019/825

of 14 May 2019

on the conclusion on behalf of the Union of the Agreement between the European Union and the Government of the Republic of the Philippines on certain aspects of air services

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(6)(a) 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 (EU) 2018/2003 (2), the Agreement between the European Union and the Government of the Republic of the Philippines on certain aspects of air services (the ‘Agreement’) has been signed, subject to its conclusion at a later date.

(2) The Agreement should be approved on behalf of the Union,

HAS ADOPTED THIS DECISION:

Article 1 The Agreement between the European Union and the Government of the Republic of the Philippines on certain aspects of air services is hereby approved on behalf of the Union (3).

Article 2 The President of the Council shall, on behalf of the Union, give the notification provided for in Article 8(1) of the Agreement.

Article 3 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 14 May 2019. For the Council The President P. DAEA

(1) Consent of 16 April 2019.

(2) Council Decision (EU) 2018/2003 of 20 September 2016 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Government of the Republic of the Philippines on certain aspects of air services (OJ L 322, 18.12.2018, p. 1).

(3) The text of the Agreement has been published in OJ L 322, 18.12.2018, p. 3, together with the decision on signature.
(4)

The Council conclusions adopted on 16 April 2018 on malicious cyber activities firmly condemned the malicious use of information and communications technologies (ICTs) and stressed that the use of ICTs for malicious purposes is unacceptable as it undermines the stability, security and benefits provided by the internet and the use of ICTs. The Council recalled that the Cyber Diplomacy Toolbox contributes to conflict prevention, cooperation and stability in cyberspace by setting out measures within the CFSP, including restrictive measures, that can be used to prevent and respond to malicious cyber activities. It stated that the Union will continue strongly to uphold that existing international law is applicable to cyberspace and emphasised that respect for international law, in particular the United Nations Charter, is essential to maintaining peace and stability. The Council also underlined that States are not to use proxies to commit internationally wrongful acts using ICTs, and should seek to ensure that their territory is not used by non-State actors to commit such acts as expressed in the 2015 report of the United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security.
COUNCIL DECISION

of 6 June 2019

extending the term of office of a Deputy Executive Director of Europol

(2019/C 195/04)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (1), and in particular paragraphs 3 to 5 of Article 54 thereof,

Acting as the authority vested with the power to appoint the Executive Director and Deputy Executive Directors of Europol,

Having regard to the proposal of the Management Board of Europol of 3 May 2018,

Whereas:

(1) Mr Luis DE EUSEBIO RAMOS was appointed as Deputy Executive Director of Europol by Council Act of 12 March 2015 (2). The term of office of Mr Luis DE EUSEBIO RAMOS is due to expire on 31 July 2019.

(2) The Deputy Executive Directors of Europol are appointed for a four-year period, extendable once in accordance with Article 54(4) of Regulation (EU) 2016/794.

(3) The decision of the Management Board of Europol of 1 May 2017 sets out the procedure for the extension of the term of office of Deputy Executive Directors of Europol.

(4) The Management Board informed the European Parliament on 14 May 2018 that it intended to propose to the Council that Mr Luis DE EUSEBIO RAMOS’s term of office be extended.

(5) The Management Board presented the Council with an opinion proposing that the term of office of Deputy Executive Director of Europol, Mr Luis DE EUSEBIO RAMOS, be extended and that his grade be reclassified as grade AD14.

(6) On the basis of the proposal submitted by the Management Board, the Council wishes to extend the term of office of Mr Luis DE EUSEBIO RAMOS as Deputy Executive Director of Europol,

HAS ADOPTED THIS DECISION:

Article 1 The term of office of Mr Luis DE EUSEBIO RAMOS as Deputy Executive Director of Europol is extended from 1 August 2019 to 31 July 2023 at grade AD 14.

Article 2 This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Luxembourg, 6 June 2019. For the Council The President A. BIRCHALL

(1) OJ L 135, 24.5.2016, p. 53.

(2) Council Act of 12 March 2015 appointing a Deputy Director of Europol (OJ C 88, 14.3.2015, p. 1).
(5)

According to the first condition laid down in Article 5(6) of Regulation (EC) No 1060/2009, CRAs in a third country must be subject to authorisation or registration and must be also subject to effective supervision and enforcement on an ongoing basis. The Hong Kong legal and supervisory framework requires CRAs and their rating analysts who provide credit rating services in Hong Kong must have a license for providing credit rating services and are subject to supervision by the Securities and Futures Commission (SFC) of Hong Kong. The Hong Kong legal and supervisory framework endows SFC with a comprehensive range of powers allowing it to investigate whether CRAs comply with their legal obligations. The SFC can compel both unregulated and regulated persons to produce information and documents relevant to the investigation, including trade records, bank records, telephone records, internet records and beneficial ownership information. This power applies to both persons under investigation or whom the SFC has reasonable cause to believe are in possession of information relevant to the investigation. In addition, where there is fear of destruction or removal of evidence, flight of target or other concerns, the SFC has the power to access private premises of both unregulated and regulated persons upon the grant of a search warrant by a judicial authority. In addition, the SFC has a full range of powers to take criminal, civil, administrative and other actions. This includes the administrative power to impose disciplinary sanctions against persons licensed or registered with the SFC, to impose restrictions on licensed or registered persons regarding their business activities, to revoke or suspend a licensed or registered person's licence or registration and to reprimand, impose obligations or fine the licensed or registered person. The SFC has the power to apply to the relevant court for injunctive or remedial orders. The SFC conducts, in addition to onsite inspections, offsite supervision through interactions with licensed CRAs to understand their business models and plans and the risks inherent in such activities, with a view to identifying and assessing the risks arising from their business activities. Information on licensed CRAs is collected through filings with the SFC, including but not limited to annual audited accounts and annual control review reports. The SFC follows up on complaints and self-reported breaches. The cooperation agreement concluded between ESMA and SFC provides for information exchange with regard to enforcement and supervisory measures taken against cross border CRAs.
COUNCIL DECISION (EU) 2019/1317

of 18 July 2019

on the position to be adopted on behalf of the European Union within the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership, as regards the establishment of the list of arbitrators

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) The Agreement between the European Union and Japan for an Economic Partnership (1) (‘the Agreement’) was concluded by the Union on 20 December 2018 by Council Decision (EU) 2018/1907 (2) and entered into force on 1 February 2019. Pursuant to Article 22.1(4) of the Agreement, the Joint Committee is to ensure that the Agreement operates properly and effectively.

(2) Article 21.9(1) of the Agreement provides that the Joint Committee, during its first meeting, is to establish a list of at least nine individuals who are willing and able to serve as arbitrators. Pursuant to Article 22.2(3) of the Agreement, decisions of the Joint Committee may be adopted also in writing.

(3) It is appropriate to establish the position to be adopted on the Union's behalf in the Joint Committee, as the Decision establishing the list of arbitrators will be binding on the Union.

(4) The position of the Union within the 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 Joint Committee established under the Agreement between the European Union and Japan for an Economic Partnership, as regards the establishment of the list of arbitrators, shall be based on the draft Decision of the Joint Committee attached to this Decision.

Article 2 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 18 July 2019. For the Council The President T. TUPPURAINEN

(1) OJ L 330, 27.12.2018, p. 3.

(2) Council Decision (EU) 2018/1907 of 20 December 2018 on the conclusion of the Agreement between the European Union and Japan for an Economic Partnership (OJ L 330, 27.12.2018, p. 1).
COUNCIL DECISION

of 3 September 2019

adopting the Council’s position on draft amending budget No 1 of the European Union for the financial year 2019

(2019/C 302/02)

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) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,

Whereas:

— the Union’s budget for the financial year 2019 was definitively adopted on 12 December 2018 (2),

— on 15 April 2019, the Commission submitted a proposal containing draft amending budget No 1 to the general budget for the financial year 2019,

HAS DECIDED AS FOLLOWS:

Sole Article The Council’s position on draft amending budget No 1 of the European Union for the financial year 2019 was adopted on 3 September 2019. The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

Done at Brussels, 3 September 2019. For the Council The President T. TUPPURAINEN

(1) OJ L 193, 30.7.2018, p. 1.

(2) OJ L 67, 7.3.2019, p. 1.
Official Journal of the European Union

COUNCIL DECISION

of 26 September 2019

appointing the Deputy Executive Director of the European Union Intellectual Property Office

(2019/C 325/01)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (1), and in particular Article 158(6) thereof,

Whereas on 4 June 2019 a list of candidates for the post of Deputy Executive Director of the European Union Intellectual Property Office (‘the Office’) was submitted to the Council by the Management Board of the Office,

HAS ADOPTED THIS DECISION:

Article 1 1. Mr Andrea DI CARLO, born in Rome (Italy) on 9 September 1970, is hereby appointed as Deputy Executive Director of the European Union Intellectual Property Office (‘the Office’) for a term of five years. 2. The date on which the five-year term referred to in paragraph 1 commences shall be determined by the Management Board of the Office.

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, 26 September 2019. For the Council The President T. HARAKKA

(1) OJ L 154, 16.6.2017, p. 1.
COMMISSION IMPLEMENTING DECISION (EU) 2019/1713

of 9 October 2019

establishing the format of information to be made available by the Member States for the purposes of reporting on the implementation of Directive (EU) 2015/2193 of the European Parliament and of the Council

(notified under document C(2019) 7133)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into air from medium combustion plants (1), and in particular Article 11(2) thereof,

Whereas:

(1) Article 11(2) of Directive (EU) 2015/2193 requires Member States to provide to the Commission by 1 January 2021 a report estimating annual emissions of carbon monoxide (CO) from medium combustion plants.

(2) In accordance with Article 11(3) (first subparagraph) of Directive (EU) 2015/2193, the Commission should make an electronic reporting tool available to the Member States for reporting purpose.

(3) In accordance with Article 11(3) (second subparagraph) of Directive (EU) 2015/2193 the reporting technical formats should be specified by the Commission in order to simplify and streamline reporting obligations for the Member States.

(4) The measures provided for in this Decision are in accordance with the opinion of the committee established by Article 75(1) of Directive 2010/75/EU of the European Parliament and of the Council (2) as referred to in Article 15 of Directive (EU) 2015/2193,

HAS ADOPTED THIS DECISION:

Article 1 For the purpose of reporting to the Commission an estimate of the total annual emissions of carbon monoxide (CO) in accordance with Article 11(2) of Directive (EU) 2015/2193, Member States shall use the questionnaire set out in the Annex to this Decision. Member States shall use the electronic reporting tool made available by the Commission in accordance with Article 11(3)(1st subparagraph) of Directive (EU) 2015/2193 to report the information set out in the Annex to this Decision.

Article 2 The information set out in the Annex to this Decision shall be submitted for the reporting year 2019 unless otherwise stated in that Annex. The information set out in the Annex to this Decision shall be submitted by 1 January 2021 at the latest.

This Decision is addressed to the Member States. Done at Brussels, 9 October 2019. For the Commission Karmenu VELLA Member of the Commission

(1) OJ L 313, 28.11.2015, p. 1.

(2) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
COUNCIL DECISION (EU) 2019/1801

of 24 October 2019

on the financial contributions to be paid by Member States to finance the European Development Fund, including the third instalment for 2019

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP‐EU Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (1) and in particular Article 7 thereof,

Having regard to Council Regulation (EU) 2018/1877 of 26 November 2018 on the financial regulation applicable to the 11th European Development Fund (2) (‘the 11th EDF Financial Regulation’), and in particular Article 19(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) In accordance with the procedure laid down in Article 19 of the 11th EDF Financial Regulation, the Commission is to present a proposal by 10 October 2019 specifying (a) the amount of the third instalment of the contribution for 2019, (b) a revised annual amount of the contribution for 2019, in cases where the amount deviates from actual needs.

(2) In accordance with Article 46 of the 11th EDF Financial Regulation, the European Investment Bank (EIB) sent to the Commission its updated estimates of commitments and payments under the instruments it manages.

(3) Article 20(1) of the 11th EDF Financial Regulation provides that calls for contributions first use up the amounts provided for in previous European Development Funds (EDFs). Therefore a call for funds under the 10th EDF for the EIB and under the 11th EDF for the Commission should be made.

(4) By means of Decision (EU) 2018/1715 (3), the Council has adopted, on 12 November 2018, on a proposal by the Commission, the Decision to set the annual amount of the Member States’ EDF contributions for 2019 at EUR 4 400 000 000 for the Commission, and at EUR 300 000 000 for the EIB,

HAS ADOPTED THIS DECISION:

Article 1 The individual EDF contributions to be paid by the Member States to the Commission and the EIB as the third instalment for 2019 are set out in the table in the Annex to this Decision.

Article 2 This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 24 October 2019. For the Council The President A.-K. PEKONEN

(1) OJ L 210, 6.8.2013, p. 1.

(2) OJ L 307, 3.12.2018, p. 1.

(3) Council Decision (EU) 2018/1715 of 12 November 2018 on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2020, the annual amount for 2019, the first instalment for 2019 and an indicative and non‐binding forecast for the expected annual amounts of contributions for the years 2021 and 2022 (OJ L 286, 14.11.2018, p. 30).
COUNCIL DECISION (EU) 2019/1925

of 14 November 2019

on the signing, on behalf of the Union, and provisional application of the Protocol on the implementation of the Agreement on a Sustainable Fisheries Partnership between the European Union and the Republic of Senegal

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 2 March 2015 the Council adopted Decision (EU) 2015/384 (1) on the conclusion of an Agreement on a Sustainable Fisheries Partnership between the European Union and the Republic of Senegal (‘the Agreement’) (2). The Agreement entered into force on 20 November 2014 and is still in force.

(2) The Protocol on the implementation of the Agreement that is still in force will expire on 19 November 2019.

(3) The Commission negotiated, on behalf of the Union, a new Protocol implementing the Agreement (‘the Protocol’). At the end of those negotiations, the new Protocol was initialled on 19 July 2019.

(4) The objective of the Protocol is to enable the Union and Senegal to work more closely on promoting a sustainable fisheries policy and sound exploitation of fishery resources in Senegalese waters and to support Senegal’s efforts to develop its fisheries sector.

(5) The Protocol should therefore be signed and provisionally applied, pending the conclusion of the procedures necessary for its entry into force.

(6) In order to avoid interruption of the fishing activities of Union vessels, the Protocol should be applied provisionally upon its signature,

HAS ADOPTED THIS DECISION:

Article 1 The signing, on behalf of the Union, of the Protocol on the implementation of the Agreement on a Sustainable Fisheries Partnership between the European Union and the Republic of Senegal is hereby authorised, 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.

Article 3 The Protocol shall be applied provisionally as from the date of its signature, in accordance with Article 16 thereof, pending the conclusion of the procedures necessary for its entry into force.

Article 4 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 14 November 2019. For the Council The President T. TUPPURAINEN

(1) Council Decision (EU) 2015/384 of 2 March 2015 on the conclusion, on behalf of the European Union, of a Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Senegal and the Implementation Protocol thereto (OJ L 65, 10.3.2015, p. 1).

(2) Agreement on a Sustainable Fisheries Partnership between the European Union and the Republic of Senegal (OJ L 304, 23.10.2014, p. 3).