ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 200/17

POLITICAL AND SECURITY COMMITTEE DECISION EUCAP SAHEL NIGER/1/2012

of 17 July 2012

on the appointment of the Head of Mission of the European Union CSDP Mission in Niger (EUCAP SAHEL Niger)

(2012/436/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 2012/392/CFSP of 16 July 2012 on the European Union CSDP Mission in Niger (1) (EUCAP SAHEL Niger), and in particular Article 9(1) thereof,

Whereas:

(1) By Article 9(1) of Decision 2012/392/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 EUCAP SAHEL Niger mission, 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 Colonel Francisco ESPINOSA NAVAS as Head of Mission of EUCAP SAHEL Niger,

HAS ADOPTED THIS DECISION:

Article 1

Colonel Francisco ESPINOSA NAVAS is hereby appointed Head of the European Union CSDP Mission in Niger (EUCAP SAHEL Niger) for a period of 12 months.

Article 2

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

Done at Brussels, 17 July 2012. For the Political and Security Committee The Chairperson O. SKOOG

(1) OJ L 187, 17.7.2012, p. 48.
(6)

Article 16 is replaced by the following: "Article 16 Release of classified information 1. The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of the Mission, EU classified information and documents up to "CONFIDENTIEL UE / EU CONFIDENTIAL" level generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. 2. The HR shall also be authorised to release to the UN, in accordance with the operational needs of the Mission, EU classified information and documents up to "RESTREINT UE / EU RESTRICTED" level which are generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of UN shall be drawn up for this purpose. 3. In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information and documents up to "RESTREINT UE / EU RESTRICTED" level which are generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for this purpose. 4. The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to the Mission and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (4). 5. The HR may delegate the powers referred to in paragraphs 1 to 4, as well as the ability to conclude the arrangements referred to in paragraphs 2 and 3 to persons placed under his/her authority, to the Civilian Operations Commander and/or to the Head of Mission.
(1)

Article 2(1) is amended as follows: (a) the following point is added: ‘(g) sale, supply, transfer or export of explosives and related equipment intended solely for civilian use in mining and infrastructure investments and the provision of technical assistance, brokering services and other services as well as the provision of financing and financial assistance related to such items, provided that the storage and use of the explosives and related equipment and services are controlled and verified by an independent body and that the providers of related services are identified;’; (b) the following subparagraph is added: ‘In cases falling within point (g) a Member State shall inform the other Member States two weeks in advance of its intention to grant an approval under that point.’.
EN Official Journal of the European Union L 287/12

COUNCIL DECISION

of 16 October 2012

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

(2012/648/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 Belgian 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 Paul FICHEROULLE.

(3) An alternate member’s seat will become vacant following the appointment of Mr Marc HENDRICKX as member of the Committee of the Regions,

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 Marc HENDRICKX, Vlaams Volksvertegenwoordiger; and

(b) as alternate member: — Mr Karim VAN OVERMEIRE, Vlaams Volksvertegenwoordiger.

Article 2

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

Done at Luxembourg, 16 October 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 310/50

COUNCIL DECISION

of 7 November 2012

appointing a Luxembourg member of the European Economic and Social Committee

(2012/694/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 Luxembourg 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 Christian ZEYEN,

HAS ADOPTED THIS DECISION:

Article 1

Mr Christophe ZEEB, Conseiller à la Chambre de Commerce du Luxembourg, 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 337/50

COUNCIL DECISION 2012/765/CFSP

of 10 December 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 2012/333/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 25 June 2012, the Council adopted Decision 2012/333/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (2).

(3) Pursuant to 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 2012/333/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 2012/333/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 2012/333/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 Brussels, 10 December 2012. For the Council The President C. ASHTON

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

(2) OJ L 165, 26.6.2012, p. 72.
EN Official Journal of the European Union C 378/2

COUNCIL DECISION

of 4 December 2012

renewing the term of office of the Chairman of the Board of Appeal of the Community Plant Variety Office

2012/C 378/03

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 47(1) thereof,

Whereas:

(1) By Decision 2007/858/EC of 17 December 2007 (2), the Council appointed Mr Paul A.C.E. VAN DER KOOIJ as Chairman of the Board of Appeal of the Community Plant Variety Office.

(2) On 10 October 2012, after obtaining the favourable opinion of the Administrative Council of the Office, the Commission proposed that the term of office of Mr Paul A.C.E. VAN DER KOOIJ be renewed,

HAS ADOPTED THIS DECISION:

Article 1

The term of office of Mr Paul A.C.E. VAN DER KOOIJ as Chairman of the Board of Appeal of the Community Plant Variety Office is hereby renewed for a period of five years with effect from 18 December 2012.

Article 2

The Chairman of the Administrative Council of the Office shall be empowered to provide for all the arrangements necessary to implement Article 1.

Article 3

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

Done at Brussels, 4 December 2012. For the Council The President V. SHIARLY

(1) OJ L 227, 1.9.1994, p. 1.

(2) OJ L 337, 21.12.2007, p. 105.
MAKENGA, Sultani

Colonel Sultani Makenga Emmanuel Sultani Makenga

25 December 1973 Rutshuru, Democratic Republic of Congo

Congolese A military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo.

Sultani Makenga is a military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo (DRC). As a leader of M23 (also known as the Congolese Revolutionary Army), Sultani Makenga has committed and is responsible for serious violations of international law involving the targeting of women and children in situations of armed conflict, including killing and maiming, sexual violence, abduction, and forced displacement. He has also been responsible for violations of international law related to M23’s actions in recruiting or using children in armed conflict in the DRC. Under the command of Sultani Makenga, M23 has carried out extensive atrocities against the civilian population of the DRC. According to testimonies and reports, the militants operating under the command of Sultani Makenga have conducted rapes throughout Rutshuru territory against women and children, some of whom have been as young as 8 years old, as part of a policy to consolidate control in Rutshuru territory. Under Makenga’s command, M23 has conducted extensive forced recruitment campaigns of children in the DRC and in the region, as well as killing, maiming, and injuring scores of children. Many of the forced child recruits have been under the age of 15. Makenga has also been reported to be the recipient of arms and related materiel in violation of measures taken by the DRC to implement the arms embargo, including domestic ordinances on the importing and possession of arms and related materiel. Makenga’s actions as the leader of M23 have included serious violations of international law and atrocities against the civilian population of the DRC, and have aggravated the conditions of insecurity, displacement, and conflict in the region.
EN Official Journal of the European Union L 6/1

COUNCIL DECISION

of 20 December 2011

repealing Council Decision 2011/491/EU on the signing, on behalf of the European Union, and the provisional application of the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco

(2012/15/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission (1),

Whereas:

(1) The Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (hereinafter referred to as ‘the Protocol’) has been under provisional application since 28 February 2011, pursuant to Council Decision 2011/491/EU (2).

(2) In reply to the Council’s request of 15 July 2011, pursuant to Article 218(6)(a) of the Treaty on the Functioning of the European Union, the European Parliament voted on 14 December 2011 not to give its consent that the Council conclude the Protocol.

(3) It is therefore necessary to repeal Council Decision 2011/491/EU and to notify the Kingdom of Morocco about the termination of the Protocol’s provisional application, in accordance with Article 25(2) of the Vienna Convention on the Law of Treaties,

HAS ADOPTED THIS DECISION:

Article 1

Council Decision 2011/491/EU on the signing, on behalf of the European Union, and the provisional application of the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco is hereby repealed.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to notify the Kingdom of Morocco, in accordance with Article 25(2) of the Vienna Convention on the Law of Treaties, that the European Union no longer intends to become a party to the Protocol. That notification shall be made in the form of a letter.

The text of the letter is annexed to this Decision.

Article 3

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

Article 4

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

Done at Brussels, 20 December 2011. For the Council The President M. DOWGIELEWICZ

(1) ST 18774/11 PECHE 411 — COM(2011) 939 final.

(2) OJ L 202, 5.8.2011, p. 1.
EN Official Journal of the European Union L 29/43

COMMISSION DECISION

of 31 January 2012

adjusting the thresholds referred to in Articles 157(b) and 158(1) of Regulation (EC, Euratom) No 2342/2002 laying down detailed rules for the implementation of the Financial Regulation

(2012/56/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular Article 271 thereof,

Whereas:

(1) Commission Regulation (EU) No 1251/2011 (2) adjusted the thresholds applicable to public procurement contracts pursuant to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (3).

(2) For reasons of consistency, it is therefore necessary to establish the thresholds referred to in Articles 157(b) and 158(1) of Regulation (EC, Euratom) No 2342/2002.

(3) Since the thresholds adjusted by Regulation (EU) No 1251/2011 are applicable from 1 January 2012, this Decision should also apply from 1 January 2012. This Decision should therefore enter into force on the date following its publication in the Official Journal of the European Union.

(4) Commission Decision 2010/78/EU of 9 February 2010 adjusting the thresholds referred to in Article 157(b) and Article 158(1) of Regulation (EC, Euratom) No 2342/2002 laying down detailed rules for the implementation of the Financial Regulation (4) has lapsed and should therefore be repealed,

HAS ADOPTED THIS DECISION:

Article 1

The euro equivalents of the thresholds applicable to public procurement contracts shall be established as follows:

— EUR 5 000 000 in Article 157(b),

— EUR 130 000 in Article 158(1)(a),

— EUR 200 000 in Article 158(1)(b),

— EUR 5 000 000 in Article 158(1)(c).

Article 2

Decision 2010/78/EU is repealed.

Article 3

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

It shall apply from 1 January 2012.

Done at Brussels, 31 January 2012. For the Commission The President José Manuel BARROSO

(1) OJ L 357, 31.12.2002, p. 1.

(2) OJ L 319, 2.12.2011, p. 43.

(3) OJ L 134, 30.4.2004, p. 114.

(4) OJ L 37, 10.2.2010, p. 73.
EN Official Journal of the European Union L 49/19

COMMISSION IMPLEMENTING DECISION

of 20 February 2012

on the clearance of the accounts of certain paying agencies in Germany concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) for the 2010 financial year

(notified under document C(2012) 899)

(Only the German text is authentic)

(2012/103/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Articles 30 and 33 thereof,

After consulting the Fund Committee,

Whereas:

(1) Commission Implementing Decision 2011/271/EU (2) cleared for the 2010 financial year, the accounts of all the paying agencies except for the Belgian paying agency ‘Région Wallonne’, the German paying agencies ‘Baden-Württemberg’, ‘Bayern’, ‘Helaba’ and ‘Rheinland-Pfalz’, the Italian paying agency ‘ARBEA’, the Luxembourg paying agency ‘Ministère de l’agriculture, de la Viticulture et du Développement rural’ and the Slovakian paying agency ‘APA’.

(2) Following the transmission of new information and after additional checks, the Commission can now take a decision concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) on the integrality, accuracy and veracity of the accounts submitted by the German paying agencies ‘Baden-Württemberg’, ‘Bayern’, ‘Helaba’ and ‘Rheinland-Pfalz’.

(3) In accordance with Article 30(2) of Regulation (EC) No 1290/2005, this Decision does not prejudice decisions taken subsequently by the Commission excluding from EU financing expenditure not effected in accordance with EU rules,

HAS ADOPTED THIS DECISION:

Article 1

The accounts of the German paying agencies ‘Baden-Württemberg’, ‘Bayern’, ‘Helaba’ and ‘Rheinland-Pfalz’ concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD), in respect of the 2010 financial year, are hereby cleared.

The amounts which are recoverable from, or payable to, each Member State under each rural development programme pursuant to this Decision, including those resulting from the application of Article 33(8) of Regulation (EC) No 1290/2005, are set out in the Annex.

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 20 February 2012. For the Commission Dacian CIOLOȘ Member of the Commission

(1) OJ L 209, 11.8.2005, p. 1.

(2) OJ L 119, 7.5.2011, p. 15.
(28)

The SCHER adopted its opinion on 27 February 2012 (12). SCHER concluded that the risk assessment report prepared by the Swedish authorities is of good scientific quality and that in general the scenarios studied are appropriate and most parameter values used in the scenarios are acceptable. However, SCHER considers that a number of statements and/or assumptions in the report are not supported by sufficient evidence. For example, the observations given in the fish monitoring studies assume a cause-effect relationship which is not proven. Another example is the important (central to the risk assessment) assumption of a 1/2 dilution factor used to calculate the cadmium concentration in the surface waters of brooks. No scientific evidence or justification is given to support this factor. SCHER also notes that for some scenarios rather worst-case conditions were used. For example, the calculations for phosphate applications on agricultural soils use application rates that are actually valid for less than 25 % of Swedish soils. The calculations of the water surface concentrations in the brooks after drainage seem problematic and the proposed levels do not correspond with the measured concentrations given elsewhere in the report. The PNECs used in the Swedish risk assessment are those suggested in the EU RAR on cadmium and as such can be supported by SCHER. The presented risk characterisation ratios (RCR) are thus solely dependent on the exposure assessment, i.e. the predicted cadmium concentrations in Swedish surface waters. The latter are dependent on the – unsubstantiated – soil/brook dilution factor. SCHER does not agree either with the assumption that there is no adsorption of cadmium in the soil. This will occur only if the soil is already heavily contaminated and no net adsorption occurs at steady state, which is not the situation in Sweden. The Swedish report also assumes that there is no cadmium adsorption in soil occurring deeper than 30 cm, which is also not the case. Consequently, SCHER does not support the results presented by the Swedish authorities for brooks, which is the only environmental compartment for which the Swedish authorities had identified risks.