ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 312/92

DECISION (EU) 2017/2199 OF THE EUROPEAN CENTRAL BANK

of 20 November 2017

amending Decision ECB/2014/40 on the implementation of the third covered bond purchase programme (ECB/2017/37)

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 second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,

Whereas:

(1) Decision ECB/2014/40 (1) established the third covered bond purchase programme (hereinafter the ‘CBPP3’). Alongside the asset-backed securities purchase programme, the secondary markets public sector asset purchase programme and the corporate sector purchase programme, the CBPP3 is part of the expanded asset purchase programme (APP). The APP aims to further enhance the transmission of monetary policy, facilitate the provision of credit to the euro area economy, ease borrowing conditions for households and firms and contribute to returning inflation rates to levels below but close to 2 % over the medium term, consistent with the primary objective of the European Central Bank (ECB) of maintaining price stability.

(2) The Governing Council decided on 4 October 2017 to further refine the rules applicable to the eligibility for purchase under the CBPP3 of covered bonds that are commonly referred to as conditional pass-through covered bonds, in view of the potentially higher risks to which they expose the Eurosystem.

(3) Therefore, Decision ECB/2014/40 should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Amendment

In Article 2 of Decision ECB/2014/40, the following point 9 is added:

‘9. Covered bonds shall be excluded from purchases under the CBPP3 where both: (a) they have a conditional pass-through structure, whereby pre-defined events lead to an extension of the bond's maturity and a switch to a payment structure dependent primarily on cash flows generated by the assets in the underlying cover pool; and (b) they are issued by an entity with a first-best issuer rating below CQS3.’.

Article 2

Entry into force

This Decision shall enter into force on 1 February 2018.

Done at Frankfurt am Main, 20 November 2017. For the Governing Council of the ECB The President of the ECB Mario DRAGHI

(1) Decision ECB/2014/40 of 15 October 2014 on the implementation of the third covered bond purchase programme (OJ L 335, 22.11.2014, p. 22).
EN Official Journal of the European Union L 344/39

POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2017/2438

of 19 December 2017

on the appointment of the Head of Mission of the European Union Monitoring Mission in Georgia (EUMM Georgia) (EUMM GEORGIA/1/2017)

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 2010/452/CFSP of 12 August 2010 on the European Union Monitoring Mission in Georgia, EUMM Georgia (1), and in particular Article 10(1) thereof,

Whereas:

(1) Pursuant to Decision 2010/452/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 the European Union Monitoring Mission in Georgia (EUMM Georgia), including the decision to appoint a Head of Mission.

(2) Council Decision (CFSP) 2016/2238 (2) extended the mandate of EUMM Georgia until 14 December 2018.

(3) On 15 December 2017, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Mr Erik HØEG as Head of Mission of EUMM Georgia from 15 December 2017 to 14 December 2018,

HAS ADOPTED THIS DECISION:

Article 1

Mr Erik HØEG is hereby appointed Head of Mission of EUMM Georgia for the period from 15 December 2017 to 14 December 2018.

Article 2

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

It shall apply from 15 December 2017.

Done at Brussels, 19 December 2017. For the Political and Security Committee The Chairperson W. STEVENS

(1) OJ L 213, 13.8.2010, p. 43.

(2) Council Decision (CFSP) 2016/2238 of 12 December 2016 amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia (OJ L 337, 13.12.2016, p. 15).
EN Official Journal of the European Union L 348/36

COUNCIL DECISION (EU, Euratom) 2017/2461

of 12 December 2017

amending the Council's Rules of Procedure

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,

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

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Article 11(6) of the Council's Rules of Procedure (1),

Whereas:

(1) When an act is to be adopted by the Council acting by qualified majority, it has to be verified that the Member States constituting the qualified majority represent at least 65 % of the population of the Union.

(2) That percentage is calculated according to the population figures set out in Annex III to the Council's Rules of Procedure (‘the Rules of Procedure’).

(3) Article 11(6) of the Rules of Procedure provides that, with effect from 1 January each year, the Council is to amend the figures set out in that Annex, in accordance with the data available to the Statistical Office of the European Union on 30 September of the preceding year.

(4) The Rules of Procedure should therefore be amended accordingly for the year 2018,

HAS ADOPTED THIS DECISION:

Article 1

Annex III to the Rules of Procedure is replaced by the following:

ANNEX III Figures concerning the population of the Union and the population of each Member State for implementing the provisions concerning qualified majority voting in the Council For the purposes of implementing Article 16(4) TEU and Article 238(2) and (3) TFEU, the population of the Union and the population of each Member State, as well as the percentage of each Member State's population in relation to the population of the Union, for the period from 1 January 2018 to 31 December 2018 shall be as follows: Member State Population Percentage of the population of the Union (%) Germany 82 437 641 16,10 France 67 024 633 13,09 United Kingdom 65 808 573 12,85 Italy 61 219 113 11,95 Spain 46 528 966 9,08 Poland 37 972 964 7,41 Romania 19 638 309 3,83 Netherlands 17 220 721 3,36 Belgium 11 365 834 2,22 Greece 10 757 293 2,10 Czech Republic 10 467 628 2,04 Portugal 10 309 573 2,01 Sweden 10 080 000 1,97 Hungary 9 797 561 1,91 Austria 8 752 500 1,71 Bulgaria 7 101 859 1,39 Denmark 5 743 947 1,12 Finland 5 499 447 1,07 Slovakia 5 435 343 1,06 Ireland 4 774 833 0,93 Croatia 4 154 213 0,81 Lithuania 2 847 904 0,56 Slovenia 2 065 895 0,40 Latvia 1 950 116 0,38 Estonia 1 315 635 0,26 Cyprus 854 802 0,17 Luxembourg 589 370 0,12 Malta 440 433 0,09 EU 28 512 155 106 Threshold (65 %) 332 900 819 ’.

Article 2

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

It shall apply from 1 January 2018.

Done at Brussels, 12 December 2017. For the Council The President S. MIKSER

(1) Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).
EN Official Journal of the European Union L 12/22

COUNCIL DECISION (Euratom) 2017/76

of 21 November 2016

approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to the recommendation from the European Commission,

Whereas:

(1) The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (‘the SAA’) was signed on 16 June 2008 and entered into force on 1 June 2015 (1).

(2) The Republic of Croatia became a Member State of the Union on 1 July 2013.

(3) In accordance with the second subparagraph of Article 6(2) of the 2012 Act concerning the conditions of accession of the Republic of Croatia to the European Union, the accession of Croatia to the SAA should be agreed by the conclusion of a protocol to the SAA by the Council, acting unanimously on behalf of the Member States, and by the third country concerned.

(4) On 24 September 2012, the Council authorised the Commission to open negotiations with Bosnia and Herzegovina in order to conclude a protocol to the SAA.

(5) Those negotiations were successfully completed and the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’) was initialled on 18 July 2016.

(6) The Protocol covers matters falling within the competence of the European Atomic Energy Community.

(7) The conclusion, by the Commission on behalf of the European Atomic Energy Community, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community.

(8) The signing and conclusion of the Protocol is subject to a separate procedure as regards matters falling under the Treaty on European Union and the Treaty on the Functioning of the European Union,

HAS ADOPTED THIS DECISION:

Article 1

The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union (2) is hereby approved.

Article 2

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

Done at Brussels, 21 November 2016. For the Council The President P. PLAVČAN

(1) OJ L 164, 30.6.2015, p. 2.

(2) See page 3 of this Official Journal.
EN Official Journal of the European Union L 31/1

COUNCIL DECISION (EU) 2017/192

of 8 November 2016

on the conclusion of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of the Republic of Croatia as a Contracting Party, following its accession to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) thereof,

Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 6(2) 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 2014/122/EU (2), the Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons to take account of the accession of the Republic of Croatia to the European Union was signed on 4 March 2016, subject to its conclusion at a later date.

(2) The Protocol should be concluded on behalf of the European Union and its Member States,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the Republic of Croatia's participation as a Contracting Party following its accession to the European Union (3) is hereby approved on behalf of the European Union and its Member States.

Article 2

The President of the Council shall designate the person empowered to proceed, on behalf of the European Union and its Member States, tothe notification provided for in Article 6 of the Protocol, in order to express the consent of the European Union and its Member States to be bound by the Protocol (4).

Article 3

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

Done at Brussels, 8 November 2016. For the Council The President P. KAŽIMÍR

(1) Consent given on 14 September 2016 (not yet published in the Official Journal).

(2) Council Decision 2014/122/EU of 11 February 2014 on the signing, on behalf of the European Union and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of the Republic of Croatia as a Contracting Party, following its accession to the European Union (OJ L 69, 8.3.2014, p. 2).

(3) The text of the Protocol has been published in the Official Journal of the European Union (OJ L 31, 4.2.2017, p. 3).

(4) The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.
EN Official Journal of the European Union C 60/7

COMMISSION DECISION

of 23 February 2017

as regards the granting of individual licences to all Coordinators of the European Reference Networks to use the European Reference Network trademark

(2017/C 60/06)

THE EUROPEAN COMMISSION,

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

Having regard to the Decision of the Commission of 19 September 2001 (PV1536) conferring to the Directors-General and Heads of Services the power to decide on the need to file an application for protection of intellectual property rights resulting from the activities or programmes for which they are responsible, the granting of licences related thereto, the acquisition, transfer or surrender or abandoning of rights, and to the Directors-General the power of administrative execution related thereto,

Whereas:

(1) Directive 2011/24/EU of the European Parliament and of the Council (1) provides that the Commission is to support the development of European Reference Networks (ERNs) between highly specialised healthcare providers of the Member States.

(2) Article 7 of Commission Implementing Decision 2014/287/EU (2) provides that the Commission licenses to Networks and their members the use of a unique graphic identifier (‘logo’).

(3) The logo ‘European Reference Network’ was registered as a figurative trademark (reg. no 012252128) in the territory of European Union by the Commission.

(4) The European Union is the legitimate owner of the trademark and is willing to grant a licence to use it to all Coordinators of the European Reference Networks,

HAS DECIDED AS FOLLOWS:

Article 1

All Coordinators of the European Reference Networks approved by the ERN Board of Member States shall have a non-exclusive, royalty-free, conditional right to use the trademark ‘European Reference Network’ (reg. no 012252128) for initiatives related to the activities of the European Reference Networks in accordance with the objectives set out in Article 12 of Directive 2011/24/EU.

Article 2

All Coordinators of the European Reference Networks approved by the ERN Board of Member States are authorised to sub-license to members of their respective Networks the right to use the trademark for initiatives related to the activities of their Networks.

Done at Brussels, 23 February 2017. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

(1) Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).

(2) Commission Implementing Decision 2014/287/EU of 10 March 2014 setting out criteria for establishing and evaluating European Reference Networks and their Members and for facilitating the exchange of information and expertise on establishing and evaluating such Networks (OJ L 147, 17.5.2014, p. 79).
A.

whereas the Committee of Inquiry requested an extension of its term of office in order to enable it to implement its mandate fully and appropriately, taking into account the number of documents yet to be examined, the analyses commissioned, and the stakeholders to be heard;
EN Official Journal of the European Union C 186/2

COUNCIL DECISION

of 8 June 2017

adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2017

(2017/C 186/03)

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) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,

Whereas:

— the Union’s budget for the financial year 2017 was definitively adopted on 1 December 2016 (2),

— on 12 April 2017, the Commission submitted a proposal containing draft amending budget No 2 to the general budget for the financial year 2017,

HAS DECIDED AS FOLLOWS:

Sole article

The Council’s position on draft amending budget No 2 of the European Union for the financial year 2017 was adopted on 8 June 2017.

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

Done at Brussels, 8 June 2017. For the Council The President U. REINSALU

(1) OJ L 298, 26.10.2012, p. 1.

(2) OJ L 51, 28.2.2017, p. 1.
EN Official Journal of the European Union L 142/2

COUNCIL DECISION (EU) 2017/938

of 23 September 2013

on the signing, on behalf of the European Union, of the Minamata Convention on Mercury

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Mercury and its compounds are highly toxic for human health and the health of animals and plants. Within the Union, mercury and its compounds are subject to regulation designed to protect human health and the environment.

(2) In 2009, the Governing Council of the United Nations Environmental Programme (UNEP) requested the Executive Director of UNEP to convene an intergovernmental negotiating committee with the mandate to prepare a global legally binding instrument on mercury, with the goal of completing its work prior to the 27th regular session of the Governing Council in 2013.

(3) In December 2010, the Council authorised the Commission to participate, on behalf of the Union, as regards matters falling within the Union's competence and in respect of which the Union has adopted rules, in the negotiations on a globally legally binding instrument on mercury, in accordance with the negotiating directives set out in the Addendum to that authorisation.

(4) The negotiation process was successfully completed, at the fifth session of the intergovernmental negotiating committee that took place in Geneva from 13 to 18 January 2013.

(5) The Union was a key player in the negotiations and took an active part in the outcome which is within the limits of the negotiating directives addressed to the Commission.

(6) The Council, in its 3233rd session on 21 March 2013, welcomed the outcome of the negotiation process.

(7) The global legally binding instrument on mercury will be opened for signature at a Diplomatic Conference taking place in Kumamoto (Japan) from 7 to 11 October 2013, as the Minamata Convention on Mercury.

(8) Therefore, the Minamata Convention on Mercury should be signed,

HAS ADOPTED THIS DECISION:

Article 1

The signing, on behalf of the Union of the Minamata Convention on Mercury is hereby authorised, subject to the conclusion of the said Convention (1).

Article 2

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

Article 3

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

Done at Brussels, 23 September 2013. For the Council The President V. JUKNA

(1) The text of the Convention will be published together with the Decision on its conclusion.
EN Official Journal of the European Union L 160/35

COUNCIL DECISION (EU, Euratom) 2017/1108

of 20 June 2017

appointing two members of the committee of independent eminent persons pursuant to Article 11(1) of Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations

THE COUNCIL OF THE EUROPEAN UNION

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

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (1), and in particular Article 11(1) thereof,

Whereas:

(1) Article 11(1) of Regulation (EU, Euratom) No 1141/2014 establishes a committee of independent eminent persons.

(2) Article 11(1) of Regulation (EU, Euratom) No 1141/2014 provides that the committee is to consist of six members, with the European Parliament, the Council and the Commission each appointing two members. The committee is to be renewed within six months after the end of the first session of the European Parliament following each election to the European Parliament. The mandate of the members is not to be renewable,

HAS ADOPTED THIS DECISION:

Article 1

1. The following are hereby appointed as members of the committee of independent eminent persons for the duration of the term of office of the committee:

— Ms Rebecca ADLER-NISSEN,

— Mr Christoph MÖLLERS.

2. The appointment is subject to the signing, by each of the designated members, of the declaration of independence and the absence of conflict of interests that is annexed to this Decision.

Article 2

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

Done at Luxembourg, 20 June 2017. For the Council The President H. DALLI

(1) OJ L 317, 4.11.2014, p. 1.