ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 165/72

COUNCIL DECISION 2012/333/CFSP

of 25 June 2012

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 2011/872/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

(2) On 22 December 2011, the Council adopted Decision 2011/872/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (2).

(3) In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to carry out a complete review of the list of persons, groups and entities to which Decision 2011/872/CFSP applies.

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

(5) The Council has concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein.

(6) The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly, and Decision 2011/872/CFSP should be repealed,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 shall be that set out in the Annex to this Decision.

Article 2

Decision 2011/872/CFSP is hereby repealed.

Article 3

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

Done at Luxembourg, 25 June 2012. For the Council The President C. ASHTON

(1) OJ L 344, 28.12.2001, p. 93.

(2) OJ L 343, 23.12.2011, p. 54.
EN Official Journal of the European Union L 186/38

DECISION OF THE EUROPEAN CENTRAL BANK

of 3 July 2012

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

(ECB/2012/12)

(2012/386/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 and Article 18.2 thereof,

Whereas:

(1) Pursuant to Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro (hereinafter the ‘NCBs’) may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral. The criteria determining the eligibility of collateral for the purposes of Eurosystem monetary policy operations are laid down in Annex I to Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (1).

(2) The Governing Council of the ECB considers it necessary to review the exception from the close links prohibition set out in Section 6.2.3.2 of Annex I to Guideline ECB/2011/14 with respect to government-guaranteed bank bonds issued and own used as collateral by counterparties.

(3) Counterparties participating in Eurosystem credit operations should be allowed to increase current levels of own-use of government-guaranteed bank bonds subject to the ex ante approval of the Governing Council in exceptional circumstances.

(4) The requests submitted to the Governing Council for the ex ante approval need to be accompanied by a funding plan.

(5) Therefore, Decision ECB/2011/25 of 14 December 2011 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral (2) should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Amendment

The following Article 4b is inserted in Decision ECB/2011/25:

‘Article 4b Acceptance of government-guaranteed bank bonds 1. Counterparties that issue eligible bank bonds guaranteed by an EEA public sector entity with the right to impose taxes may not submit such bonds or similar bonds issued by closely linked entities as collateral for Eurosystem credit operations in excess of the nominal value of these bonds already submitted as collateral on the day this Decision enters into force. 2. In exceptional cases, the Governing Council may decide on derogations from the requirement laid down in paragraph 1. A request for a derogation shall be accompanied by a funding plan.’.

Article 2

Entry into force

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

Done at Frankfurt am Main, 3 July 2012. The President of the ECB Mario DRAGHI

(1) OJ L 331, 14.12.2011, p. 1.

(2) OJ L 341, 22.12.2011, p. 65.
(2)

Article 2 is replaced by the following: ‘Article 2 Article 1 shall not apply to: (a) supplies intended solely for the support of or use by the United Nations Operation in Côte d’Ivoire (UNOCI) and the French forces who support them; (b) the following, as notified in advance to the Committee established by paragraph 14 of UNSCR 1572 (2004) (hereinafter the “Sanctions Committee”): (i) supplies of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (Ecowas) crisis management operations; (ii) supplies temporarily exported to Côte d’Ivoire to the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d’Ivoire; (iii) supplies of non-lethal military equipment related to law enforcement intended to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order; (c) supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Côte d’Ivoire by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only; (d) supplies of arms and other related lethal equipment to the Ivorian security forces, intended solely for support of, or use in, the Ivorian process of security sector reform, as approved in advance by the Committee; (e) supplies of non-lethal equipment capable of being used for internal repression and which is intended solely to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order; (f) supplies of equipment capable of being used for internal repression to the Ivorian security forces, intended solely for support of, or use in, the Ivorian process of security sector reform.’.
(8)

clause 4.3.3.8(a) ‘Cant deficiency on plain track and on the main track of switches and crossings’ is amended as follows: (a) in sub-clause ‘Lines specially built for high-speed’, the fourth paragraph is replaced by the following: ‘On lines, the radii of which have been defined on the basis of the cant deficiency values in the above table, interoperable high-speed trains equipped with special mechanisms (tilting) may be admitted to run with higher cant deficiency values, provided that adopting such values for those trains does not bring about restrictions for other interoperable trains. The maximum cant deficiency value shall be fixed, in the case of trains equipped with particular mechanisms (tilting trains inter alia), for each interoperable line, by application of the national regulations for the type of train concerned. The approval of these trains to enter service shall be subject to the requirements of the rolling stock TSI’; (b) in sub-clause ‘Lines specially upgraded for high-speed and connecting lines’, the fifth paragraph is replaced by the following: ‘On lines, the radii of which have been defined on the basis of the cant deficiency values in the above table, interoperable high-speed trains equipped with special mechanisms (tilting) may be admitted to run with higher cant deficiency values, provided that adopting such values for those trains does not bring about restrictions for other interoperable trains. The maximum cant deficiency value shall be fixed, in the case of trains equipped with particular mechanisms (tilting trains inter alia), for each interoperable line, by application of the national regulations for the type of train concerned. The approval of these trains to enter service shall be subject to the requirements of the rolling stock TSI’; (c) in sub-clause ‘Lines specially built or upgraded for high-speed having special features’, the third paragraph is replaced by the following: ‘On lines, the radii of which have been defined on the basis of the cant deficiency values in the above table, interoperable high-speed trains equipped with special mechanisms (tilting) may be admitted to run with higher cant deficiency values, provided that adopting such values for those trains does not bring about restrictions for other interoperable trains. The maximum cant deficiency value shall be fixed, in the case of trains equipped with particular mechanisms (tilting trains inter alia), for each interoperable line, by application of the national regulations for the type of train concerned. The approval of these trains to enter service shall be subject to the requirements of the rolling stock TSI’;
EN Official Journal of the European Union L 229/25

POLITICAL AND SECURITY COMMITTEE DECISION EUAVSEC-SOUTH SUDAN/1/2012

of 10 August 2012

on the appointment of the Head of Mission of the European Union Aviation Security CSDP Mission in South Sudan (EUAVSEC-South Sudan)

(2012/487/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

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

Having regard to Council Decision 2012/312/CFSP of 18 June 2012 on the European Union Aviation Security CSDP Mission in South Sudan (1), and in particular Article 9(1) thereof,

Whereas:

(1) By Article 9(1) of Decision 2012/312/CFSP, the Council authorised the Political and Security Committee, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the EUAVSEC-South Sudan, including the decision to appoint a Head of Mission.

(2) The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Mr Lasse ROSENKRANDS CHRISTENSEN as Head of Mission of EUAVSEC-South Sudan until 18 January 2014,

HAS ADOPTED THIS DECISION:

Article 1

Mr Lasse ROSENKRANDS CHRISTENSEN is hereby appointed Head of European Union Aviation Security CSDP Mission in South Sudan (EUAVSEC-South Sudan) until 18 January 2014.

Article 2

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

Done at Brussels, 10 August 2012. For the Political and Security Committee The Chairperson O. SKOOG

(1) OJ L 158, 19.6.2012, p. 17.
EN Official Journal of the European Union L 258/29

COUNCIL DECISION

of 24 September 2012

appointing an Italian alternate member of the Committee of the Regions

(2012/517/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Italian Government,

Whereas:

(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2) An alternate member’s seat has become vacant following the end of the term of office of Mr Angelo ZUBBANI,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

— Mr Leoluca ORLANDO, Sindaco del Comune di Palermo.

Article 2

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

Done at Brussels, 24 September 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 348, 29.12.2009, p. 22.

(2) OJ L 12, 19.1.2010, p. 11.
EN Official Journal of the European Union L 231/13

COMMISSION IMPLEMENTING DECISION

of 24 August 2012

amending Decision 2007/453/EC as regards the BSE status of Austria, Belgium, Brazil, Colombia, Croatia and Nicaragua

(notified under document C(2012) 5860)

(Text with EEA relevance)

(2012/489/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular the third subparagraph of Article 5(2) thereof,

Whereas:

(1) Regulation (EC) No 999/2001 lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (TSEs) in animals. For that purpose, the bovine spongiform encephalopathy (BSE) status of Member States or third countries or regions thereof (‘countries or regions’) is to be determined by classification into one of three categories depending on the BSE risk involved, namely a negligible BSE risk, a controlled BSE risk and an undetermined BSE risk.

(2) The Annex to Commission Decision 2007/453/EC of 29 June 2007 establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk (2) lists countries or regions according to their BSE risk status.

(3) The World Organisation for Animal Health (OIE) plays a leading role in the categorisation of countries or regions according to their BSE risk. The list in the Annex to Decision 2007/453/EC takes account of Resolution No 17 — Recognition of the Bovine Spongiform Encephalopathy Risk Status of Members — adopted by the OIE in May 2011 regarding the BSE status of Member States and third countries.

(4) In May 2012, the OIE adopted Resolution No 16 — Recognition of the Bovine Spongiform Encephalopathy Risk Status of Member Countries. That Resolution recognised Austria, Belgium, Brazil and Colombia as having a negligible BSE risk, and Croatia and Nicaragua as having a controlled BSE risk. The list in the Annex to Decision 2007/453/EC should therefore be amended to be brought into line with that Resolution as regards those Member States and third countries.

(5) Decision 2007/453/EC should therefore be amended accordingly.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2007/453/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 24 August 2012. For the Commission John DALLI Member of the Commission

(1) OJ L 147, 31.5.2001, p. 1.

(2) OJ L 172, 30.6.2007, p. 84.
EN Official Journal of the European Union L 264/12

COUNCIL DECISION

of 24 September 2012

appointing a German member and a German alternate member of the Committee of the Regions

(2012/529/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the German Government,

Whereas:

(1) On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2) A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Werner JOSTMEIER.

(3) An alternate member’s seat has become vacant following the end of the term of office of Mr Dietmar BROCKES,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

(a) as member: — Mr Markus TÖNS, Mitglied des Landtags des Landes Nordrhein-Westfalen; and

(b) as alternate member: — Mr Stefan ENGSTFELD, Mitglied des Landtags des Landes Nordrhein-Westfalen.

Article 2

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

Done at Brussels, 24 September 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 348, 29.12.2009, p. 22.

(2) OJ L 12, 19.1.2010, p. 11.
EN Official Journal of the European Union L 307/74

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 October 2012

on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/015 FR/Peugeot from France)

(2012/680/EU)

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 the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,

Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

(2) The scope of the EGF was broadened for applications submitted from 1 May 2009 to 30 December 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis.

(3) The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

(4) France submitted an application to mobilise the EGF on 5 May 2010 in respect of redundancies in the PSA Peugeot Citroën group in France, and supplemented it by additional information, the last of which was supplied on 13 April 2012. This application complies with the requirements for determining the financial contributions set out in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 11 949 666.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by France,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2012, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 11 949 666 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Strasbourg, 25 October 2012. For the European Parliament The President M. SCHULZ For the Council The President A. D. MAVROYIANNIS

(1) OJ C 139, 14.6.2006, p. 1.

(2) OJ L 406, 30.12.2006, p. 1.
EN Official Journal of the European Union L 282/46

COUNCIL DECISION 2012/632/CFSP

of 15 October 2012

amending Decision 2010/127/CFSP concerning restrictive measures against Eritrea

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 1 March 2010, the Council adopted Decision 2010/127/CFSP (1).

(2) On 25 July 2012, the United Nations Security Council adopted Resolution 2060 (2012) thereby amending the arms embargo imposed by paragraph 5 of United Nations Security Council Resolution 1907 (2009).

(3) Decision 2010/127/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following paragraph is added to Article 1 of Decision 2010/127/CFSP:

‘4. Paragraphs 1 and 2 shall not apply to: (a) protective clothing including flak jackets and military helmets, temporarily exported to Eritrea by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only; (b) supplies of non-lethal military equipment intended solely for humanitarian or protective use, as approved in advance by the Committee established pursuant to UNSCR 751 (1992), the mandate of which was expanded by UNSCR 1844 (2008) (“the Sanctions Committee”).’.

Article 2

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

Done at Luxembourg, 15 October 2012. For the Council The President C. ASHTON

(1) OJ L 51, 2.3.2010, p. 19.
EN Official Journal of the European Union C 360/2

COUNCIL DECISION

of 13 November 2012

appointing the members of the Scientific and Technical Committee

2012/C 360/02

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134 thereof,

Having consulted the Commission,

Whereas:

(1) By its Decision of 22 January 2008 (1), the Council appointed the members of the Scientific and Technical Committee for the period of 22 January 2008 to 22 January 2013.

(2) In order to allow the Scientific and Technical Committee to make full use of the wide range of expertise required in fulfilling its tasks, the Committee may, subject to its internal rules, call on alternates to the members to participate in its meetings.

(3) Article 134(2) of the EAEC Treaty has been amended by Article 11 of the Act concerning the conditions of accession of the Republic of Croatia, and accordingly, it will be necessary to implement this provision on the occasion of the accession the Republic of Croatia,

HAS DECIDED AS FOLLOWS:

Sole Article

The following are hereby appointed members of the Scientific and Technical Committee for the period 23 January 2013 to 22 January 2018:

Bertrand BARRE

Jānis BĒRZIŅŠ

Sten BJURSTRÖM

Michel BOURGUIGNON

Franck BRISCOE

Michel CHATELIER

Pavel CHRÁSKA

Maurizio CUMO

Panicos DEMETRIADES

Daniela DIACONU

Allan DUNCAN

Sue ION

Leonidas KAMARINOPOULOS

Michael KAUFMANN

Jørgen KJEMS

Jan-Leen KLOOSTERMAN

Latchezar Krumov KOSTOV

Zdeněk KŘÍŽ

Walter KUTSCHERA

Peter LIŠKA

Carlo LOMBARDI

Cayetano LÓPEZ

José Maria MARTÍNEZ-VAL PEÑALOSA

Júlio Martins MONTALVÃO E SILVA

Jerzy Wiktor NIEWODNICZAŃSKI

Tom O’FLAHERTY

Enn REALO

Francesco ROMANELLI

Michael SAILER

Rainer SALOMAA

Jean-Paul SAMAIN

Edouard SINNER

Borut SMODIŠ

Zoltán SZATMÁRY

Ioan URSU

Eugenijus USPURAS

Theofiel VAN RENTERGEM

Carlos VARANDAS

Andreas M. VERSTEEGH

Hans-Josef ZIMMER

Sándor ZOLETNIK

Done at Brussels, 13 November 2012. For the Council The President V. SHIARLY

(1) OJ C 21, 26.1.2008, p. 2.