ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 209/17

DECISION OF THE EUROPEAN CENTRAL BANK

of 17 July 2012

on the sub-delegation of powers to grant, renew or extend accreditations

(ECB/2012/15)

(2012/458/EU)

THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,

Having regard to Decision ECB/2011/8 of 21 June 2011 on the environmental and health and safety accreditation procedures for the production of euro banknotes (1) and in particular Article 2(3) thereof,

Having regard to Decision ECB/2010/22 of 25 November 2010 on the quality accreditation procedure for manufacturers of euro banknotes (2) and in particular Article 2(4) thereof,

Whereas:

(1) The Executive Board is competent to take all decisions relating to a manufacturer’s environmental and health and safety accreditation in accordance with Article 2(3) of Decision ECB/2011/8 and quality accreditation in accordance with Article 2(4) of Decision ECB/2010/22 (hereinafter collectively referred to as the ‘accreditations’) as well as to sub-delegate the powers to grant, renew or extend accreditations to one or more of its members.

(2) There are a large number of individual accreditations that are granted or renewed on an annual basis which are subject to Decisions ECB/2011/8 and ECB/2010/22. Therefore, to further streamline the accreditation procedure, the Executive Board considers it necessary and appropriate to sub-delegate the power to grant, renew or extend accreditations to the member of the Executive Board to whom the Directorate Banknotes reports.

(3) To safeguard the Executive Board’s collective responsibility, the member of the Executive Board to whom the sub-delegation is granted should provide an annual report on accreditation decisions to the Executive Board,

HAS ADOPTED THIS DECISION:

Article 1

Sub-delegation of powers

The Executive Board shall sub-delegate the powers to carry out the following tasks to the member of the Executive Board to whom the Directorate Banknotes reports:

(a) to grant or renew full quality accreditation pursuant to Article 3(4) and Article 7 of Decision ECB/2010/22;

(b) to grant or extend temporary quality accreditation pursuant to Article 4(3) and Article 10 of Decision ECB/2010/22;

(c) to grant or renew environmental accreditation pursuant to Article 6 of Decision ECB/2011/8;

(d) to grant or renew health and safety accreditation pursuant to Article 8 of Decision ECB/2011/8.

Article 2

Reporting obligation

The member of the Executive Board to whom the Directorate Banknotes reports shall submit an annual report to the Executive Board on the accreditation decisions taken pursuant to Article 1.

Article 3

Entry into force

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

Done at Frankfurt am Main, 17 July 2012. The President of the ECB Mario DRAGHI

(1) OJ L 176, 5.7.2011, p. 52.

(2) OJ L 330, 15.12.2010, p. 14.
(15)

Annex A is amended as follows: (a) Appendix 1 is amended as follows: (i) Section 4.6 is replaced by the following: ‘4.6. Infrastructure manager may permit less restrictive limits’; (ii) Section 5.1.2 is replaced by the following: ‘5.1.2. About distance bx The distance bx (Figure 1) shall not exceed 4 200 mm, except if the Rolling Stock runs only on lines on which bx up to 5 000 mm is permitted. Rolling Stock on which bx is more than 4 200 mm shall not run on lines for which bx more than 4 200 mm is not permitted. The EC Declaration of Verification of rolling stock shall contain this indication. On newly built sections of category I lines, the CCS train detection system shall permit rolling stock with bx up to 5 000 mm. On other sections (upgraded or renewed category I lines on one hand, new or upgraded or renewed category II or III lines on the other hand), the CCS train detection system shall permit rolling stock with bx up to 4 200 mm. Infrastructure Managers are recommended to try to permit also rolling stock with bx up to 5 000 mm’; (iii) Section 6.1.3 is replaced by the following: ‘6.1.3. Specific case Austria, Germany, and Belgium The axle load shall be at least 5 tonnes on certain lines’; (iv) Section 6.5.5 is replaced by the following: ‘6.5.5. Specific case Netherlands In addition to the general requirements in Annex A, Appendix 1, additional requirements may apply to locomotives and multiple units on track circuits’; (v) Section 8.2 is replaced by the following: ‘8.2. Use of electric/magnetic brakes 8.2.1. The use of magnetic brakes and eddy current brakes is only allowed for an emergency brake application or at standstill. The use of magnetic brakes and eddy current brakes for an emergency brake application may be forbidden. 8.2.2. If allowed, eddy current brakes and magnetic brakes may be used for service braking. 8.2.3. Specific case Germany The magnetic brake and eddy current brake is not permitted at the first bogie of a leading vehicle unless explicitly indicated otherwise’. (b) in Appendix 2, Section 5 is replaced by the following: ‘5. ALARM-TYPES AND -LIMITS The HABD shall build the following alarm-types: — hot-alarm — warm-alarm — difference-alarm or other type of alarm’.
EN Official Journal of the European Union L 271/3

COUNCIL DECISION

of 24 September 2012

appointing a Maltese alternate member of the Committee of the Regions

(2012/538/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 Maltese 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 Noel FORMOSA,

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 Paul BUTTIGIEG, Mayor of Qala, Gozo.

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 239/3

COMMISSION DECISION

of 3 September 2012

amending Decision 2000/96/EC as regards tick-borne encephalitis and the category of vector-borne communicable diseases

(notified under document C(2012) 3241)

(Text with EEA relevance)

(2012/492/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Decision No 2119/98/EC of the European Parliament and of the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community (1), and in particular Article 3(a) thereof,

Whereas:

(1) Commission Decision 2000/96/EC of 22 December 1999, on the communicable diseases to be progressively covered by the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (2), lists certain communicable diseases to be covered by epidemiological surveillance in the Community network set up by Decision No 2119/98/EC.

(2) The Annex to Decision No 2119/98/EC specifically mentions ‘vector-borne diseases’ as a category of communicable diseases to be selected in order to achieve uniform information for reporting purposes.

(3) Tick-borne encephalitis (TBE) is a tick-borne disease of humans that causes long-term neurological disabilities and up to 1,4 % fatal outcomes. The disease can be prevented by vaccination and during recent years it has increased in incidence and spread to new geographical areas in Europe. These developments are probably due to different causes, including climate change and modification of tick habitat.

(4) TBE therefore fulfils the criteria set in Annex II to Decision 2000/96/EC for the selection of communicable diseases to be covered by epidemiological surveillance within the Community network set up by Decision No 2119/98/EC, and it is appropriate to add it to the list of communicable diseases to be covered by this epidemiological surveillance in Annex I to Decision 2000/96/EC.

(5) The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Decision No 2119/98/EC,

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 2000/96/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 3 September 2012. For the Commission John DALLI Member of the Commission

(1) OJ L 268, 3.10.1998, p. 1.

(2) OJ L 28, 3.2.2000, p. 50.
EN Official Journal of the European Union L 274/28

COUNCIL DECISION

of 4 October 2012

appointing a Cypriot member of the European Economic and Social Committee

(2012/625/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the proposal of the Government of the Republic of Cyprus,

Having regard to the opinion of the European Commission,

Whereas:

(1) On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

(2) A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Andreas LOUROUTZIATIS,

HAS ADOPTED THIS DECISION:

Article 1

Mr Manthos MAVROMMATIS is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.

Article 2

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

Done at Luxembourg, 4 October 2012. For the Council The President S. CHARALAMBOUS

(1) OJ L 251, 25.9.2010, p. 8.
EN Official Journal of the European Union C 308/6

COUNCIL DECISION

of 24 September 2012

renewing the Governing Board of the European Centre for the Development of Vocational Training

2012/C 308/05

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

Having regard to the nomination submitted by the Latvian Government,

Whereas:

(1) By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.

(2) A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Janis GAIGALS,

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2015:

GOVERNMENT REPRESENTATIVE:

Latvia Ms Nellija TITOVA

Done at Brussels, 24 September 2012. For the Council The President S. ALETRARIS

(1) OJ L 39, 13.2.1975, p. 1.

(2) OJ C 228, 31.7.2012, p. 3.
EN Official Journal of the European Union L 302/11

COUNCIL DECISION

of 25 October 2012

on the launch of automated data exchange with regard to dactyloscopic data in Cyprus

(2012/672/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,

Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,

Whereas:

(1) According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

(2) Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

(3) Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

(4) According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

(5) Cyprus has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

(6) A successful pilot run has been carried out by Cyprus with Austria.

(7) An evaluation visit has taken place in Cyprus and a report on the evaluation visit has been produced by the Austrian evaluation team and forwarded to the relevant Council Working Group.

(8) An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange has been presented to the Council,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of automated searching of dactyloscopic data, Cyprus has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 9 of that Decision as from the day of the entry into force of this Decision.

Article 2

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

Done at Luxembourg, 25 October 2012. For the Council The President E. MAVROU

(1) OJ L 210, 6.8.2008, p. 1.

(2) OJ L 210, 6.8.2008, p. 12.
EN Official Journal of the European Union L 310/49

COUNCIL DECISION

of 7 November 2012

appointing a Danish member of the European Economic and Social Committee

(2012/693/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the proposal of the Danish Government,

Having regard to the opinion of the European Commission,

Whereas:

(1) On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

(2) A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Nils Juhl ANDREASEN,

HAS ADOPTED THIS DECISION:

Article 1

Ms Rikke EDSJÖ, Senior Consultant, Danish Agriculture and Food Council, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.

Article 2

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

Done at Brussels, 7 November 2012. For the Council The President A. D. MAVROYIANNIS

(1) OJ L 251, 25.9.2010, p. 8.
EN Official Journal of the European Union L 332/21

COUNCIL DECISION

taken by common accord with the President of the Commission

of 28 November 2012

appointing a new Member of the European Commission

(2012/744/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 246 thereof,

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

Whereas:

(1) On 9 February 2010 the European Council adopted Decision 2010/80/EU (2) appointing the European Commission for the period until 31 October 2014.

(2) In a letter dated 16 October 2012, Mr José Manuel DURÃO BARROSO, President of the Commission, informed the Council that Mr John DALLI had resigned from his post as a Member of the Commission with immediate effect.

(3) In accordance with the second paragraph of Article 246 of the Treaty on the Functioning of the European Union, a vacancy caused by resignation shall be filled for the remainder of the Member’s term of office by a new Member of the same nationality.

(4) A new Member of the Commission should therefore be appointed,

HAS ADOPTED THIS DECISION:

Article 1

By common accord with Mr José Manuel DURÃO BARROSO, President of the Commission, the Council appoints Mr Tonio BORG as Member of the Commission for the remainder of the term of office, which runs until 31 October 2014.

Article 2

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

Done at Brussels, 28 November 2012. For the Council The President S. ALETRARIS

(1) Opinion of 21 November 2012 (not yet published in the Official Journal).

(2) OJ L 38, 11.2.2010, p. 7.
EN Official Journal of the European Union L 336/80

EUROPEAN COUNCIL DECISION

of 22 November 2012

appointing a member of the Executive Board of the European Central Bank

(2012/758/EU)

THE EUROPEAN COUNCIL,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2) thereof,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,

Having regard to the recommendation of the Council of the European Union (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Governing Council of the European Central Bank (3),

Whereas:

(1) The term of office of Mr José Manuel GONZÁLEZ-PÁRAMO, member of the Executive Board of the European Central Bank, expired on 31 May 2012 and it is therefore necessary to appoint a new member of the Executive Board of the European Central Bank.

(2) The European Council wishes to appoint Mr Yves MERSCH who, in its view, fulfils all the requirements set out in Article 283(2) of the Treaty,

HAS ADOPTED THIS DECISION:

Article 1

Mr Yves MERSCH is hereby appointed a member of the Executive Board of the European Central Bank for a term of office of eight years as from 15 December 2012.

Article 2

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

Article 3

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

Done at Brussels, 22 November 2012. For the European Council The President H. VAN ROMPUY

(1) OJ C 215, 21.7.2012, p. 4.

(2) Opinion delivered on 25 October 2012 (not yet published in the Official Journal).

(3) OJ C 218, 24.7.2012, p. 3.
(2)

Article 3 of Decision ECB/2010/21 specifies that the basic accounting assumptions defined in Article 3 of Guideline ECB/2010/20 of 11 November 2010 on the legal framework for accounting and financial reporting in the European System of Central Banks (2) also apply for the purposes of Decision ECB/2010/21. This applies, inter alia, to Article 3(c) of Guideline ECB/2010/20 in relation to post-balance sheet events, which provides that assets and liabilities are adjusted for events that occur between the annual balance sheet date and the date on which the financial statements are approved by the relevant bodies if they affect the condition of assets or liabilities at the balance sheet date.
EN Official Journal of the European Union L 334/46

POLITICAL AND SECURITY COMMITTEE DECISION EULEX KOSOVO/3/2012

of 4 December 2012

on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

(2012/751/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 Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (1), and in particular Article 12(2) thereof,

Whereas:

(1) On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP establishing the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO.

(2) On 5 June 2012, the Council adopted Decision 2012/291/CFSP (2) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2014.

(3) Pursuant to Article 12(2) of Joint Action 2008/124/CFSP, the Political and Security Committee 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 EULEX KOSOVO, including decisions regarding the appointment of the Head of Mission.

(4) On 20 November 2012, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Ambassador Bernd BORCHARDT as Head of Mission of EULEX KOSOVO from 1 February 2013,

HAS ADOPTED THIS DECISION:

Article 1

Ambassador Bernd BORCHARDT is hereby appointed as Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, with effect from 1 February 2013.

Article 2

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

It shall apply until 14 June 2014.

Done at Brussels, 4 December 2012. For the Political and Security Committee The Chairperson O. SKOOG

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

(2) OJ L 146, 6.6.2012, p. 46.
EN Official Journal of the European Union L 352/49

COUNCIL DECISION 2012/810/CFSP

of 20 December 2012

amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 12 April 2011, the Council adopted Decision 2011/235/CFSP (1).

(2) It should be specified that the prohibition to sell, supply, transfer or export equipment which might be used for internal repression in Iran does not apply if the sale, supply, transfer or export of such equipment is intended solely for the protective use of the personnel of the Union and its Member States in Iran, nor to the provision of technical assistance, brokering services and other services or of financing and financial assistance related to such equipment.

(3) Decision 2011/235/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following paragraph is added to Article 2b of Decision 2011/235/CFSP:

‘3. Paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of equipment which is intended solely for the protective use of the personnel of the Union and its Member States in Iran, or to the provision of technical assistance, brokering services and other services or of financing and financial assistance related to such equipment, as approved in advance by the relevant competent authority.’.

Article 2

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

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

(1) OJ L 100, 14.4.2011, p. 51.