ddrg/super_eurlex huggingface dataset:
COUNCIL DECISION (CFSP) 2022/1508

of 9 September 2022

concerning the temporary reception by Member States of the European Union of certain Palestinians

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 and Article 31(1) thereof,

Whereas:

(1) On 4 May 2020, the Council adopted Decision (CFSP) 2020/610 (1), which provided for an extension of the validity of the national permits of certain Palestinians for entry into, and stay in, the territory of the Member States referred to in Council Common Position 2002/400/CFSP (2) for a further period of 24 months.

(2) On the basis of an evaluation of the application of Common Position 2002/400/CFSP, the Council considers it appropriate that the validity of those permits be extended for a further period of 24 months,

HAS ADOPTED THIS DECISION:

Article 1 The Member States referred to in Article 2 of Common Position 2002/400/CFSP shall extend the validity of national permits for entry and stay granted pursuant to Article 3 of the Common Position for a further period of 24 months, as from 31 January 2022.

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

Done at Brussels, 9 September 2022. For the Council The President J. SÍKELA

(1) Council Decision (CFSP) 2020/610 of 4 May 2020 concerning the temporary reception by Member States of the European Union of certain Palestinians (OJ L 142, 5.5.2020, p. 5).

(2) Council Common Position 2002/400/CFSP of 21 May 2002 concerning the temporary reception by Member States of the European Union of certain Palestinians (OJ L 138, 28.5.2002, p. 33).
(19)

Third-country CCPs that want to clear derivatives in Taiwan have to apply to the FSC for approval in accordance with the Standards. According to Article 45(1), 2nd part, of the FTA, an approval and business license to operate a futures clearing house can also be obtained by ‘other institutions’ which include CCPs established outside Taiwan. For such third-country CCPs the legally binding requirements applicable to CCPs authorised in Taiwan do apply. Moreover, third-country CCPs can be recognised by the FSC according to the Foreign CCPs Recognition Rule and a two-scenario approach for recognition is as follows: Where the supervision regulations and the regulatory regime of a foreign CCP are compliant with the Principles for Financial Market Infrastructures (PFMIs) issued by the Committee on Payments and Market Infrastructures (CPMI) and the International Organisation of Securities Commissions (IOSCO) or other FSC-recognised international standards, and a foreign CCP has been recognised by the third-country competent authorities as a Qualifying CCP (QCCP) that CCP may provide OTC derivatives clearing services to Taiwanese financial institutions. Where a foreign CCP has not been recognised by the third-country competent authority as a QCCP and intends to apply for recognition as a QCCP by the FSC, the foreign CCP shall submit an application to the FSC demonstrating its qualification as a QCCP under the Basel Committee on Banking Supervision’s capital requirements for bank exposures to central counterparties. This allows Taiwanese clearing members to apply lower risk weights to exposures to such third-country CCPs. According to Article 6 of the FTA, the FSC is empowered to ‘enter into cooperation agreements with foreign government agencies, institutions, or international organizations to facilitate matters such as information exchange, technical cooperation, and investigation assistance’.
COUNCIL DECISION (EU) 2022/1987

of 13 October 2022

on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Government of Malaysia, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209, in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 25 November 2004, the Council authorised the Commission to open negotiations with Malaysia on a Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Government of Malaysia, of the other part (the ‘Agreement’).

(2) The negotiations on the Agreement were successfully concluded by the initialling of the Agreement on 6 April 2016 in Putrajaya, Malaysia.

(3) The negotiators have confirmed their common understanding that, in accordance with the Federal Constitution of Malaysia, by its signature the Government of Malaysia intends to bind Malaysia as a whole in relation to the Agreement.

(4) The objective of the Agreement is to establish a strengthened partnership between the Union and Malaysia and to deepen and enhance cooperation on issues of mutual interest, including human rights, non-proliferation of weapons of mass destruction, counter-terrorism, the fight against corruption and organised crime, trade, migration, the environment, energy, climate change, transport, science and technology, employment and social affairs, education and agriculture.

(5) The Agreement should therefore be signed on behalf of the Union, subject to its conclusion at a later date,

HAS ADOPTED THIS DECISION:

Article 1 The signing on behalf of the Union of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Government of Malaysia, of the other part (the ‘Agreement’), is hereby authorised, subject to the conclusion of the Agreement (1).

Article 2 The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

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

Done at Luxembourg, 13 October 2022. For the Council The President P. BLAŽEK

(1) The text of the Agreement will be published together with the decision on its conclusion.
COUNCIL DECISION (EU) 2022/1963

of 13 October 2022

appointing a member, proposed by the Czech Republic, of the Committee of the Regions

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 Council Decision (EU) 2019/852 of 21 May 2019 determining the composition of the Committee of the Regions (1),

Having regard to the proposal of the Czech Government,

Whereas:

(1) Pursuant to Article 300(3) of the Treaty, the Committee of the Regions is to consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.

(2) On 10 December 2019, the Council adopted Decision (EU) 2019/2157 (2), appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025.

(3) A member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Josef BERNARD.

(4) The Czech Government has proposed Mr Rudolf ŠPOTÁK, representative of a regional body who holds a regional authority electoral mandate, Zastupitel Plzeňského kraje (Member of the Regional Assembly of the Plzeň Region), as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025,

HAS ADOPTED THIS DECISION:

Article 1 Mr Rudolf ŠPOTÁK, representative of a regional body who holds an electoral mandate, Zastupitel Plzeňského kraje (Member of the Regional Assembly of the Plzeň Region), is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025.

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

Done at Luxembourg, 13 October 2022. For the Council The President P. BLAŽEK

(1) OJ L 139, 27.5.2019, p. 13.

(2) Council Decision (EU) 2019/2157 of 10 December 2019 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 327, 17.12.2019, p. 78).
(4)

In view of the exceptional and unique circumstances that necessitate the signature, provisional application and conclusion of the Agreement, and in accordance with the Treaties, it is appropriate for the Union to exercise temporarily the relevant shared competence conferred upon it by the Treaties. Any effect of this Decision on the division of competences between the Union and the Member States should be strictly limited in time. The competence exercised by the Union on the basis of this Decision and of the Agreement should therefore be exercised only during the period of application of the Agreement. Accordingly, the shared competence thus exercised will cease to be exercised by the Union as soon as the Agreement ceases to apply. Without prejudice to other Union measures, and subject to compliance with those Union measures, that competence will, in accordance with Article 2(2) of the Treaty on the Functioning of the European Union (TFEU), again be exercised by the Member States thereafter. Furthermore, it is recalled that, as set out in Protocol No 25 on the exercise of shared competence annexed to the Treaty on European Union and to the TFEU, the scope of the exercise of the competence of the Union in this Decision covers only those elements governed by this Decision and the Agreement and does not cover the whole area. The exercise of Union competence by this Decision is without prejudice to the respective competences of the Union and of the Member States in relation to any ongoing or future negotiations for, or signature or conclusion of, international agreements with any other third country in that area.
(46)

The Act on Judicial Review implements a number of the commitments proposed in the remedial measures by introducing relevant amendments to the Code of Criminal Procedure. Additional measures taken by Hungary in the framework of the amendment of the Act on Judicial Review, such as the power for the Integrity Authority to file a motion for revision or repeated revision and the abolition of the power of the Prosecutor General to file an extraordinary remedy against decisions, have also been welcomed by the Commission. However, as shown by the Commission’s assessment, specific provisions of the Act on Judicial Review introduce a margin of discretion in the procedure which could be used to affect the outcome following a motion for revision or for prosecution, compromising the effectiveness and overall adequacy of the remedial measure. In particular, (i) the applicable rules do not clearly state the legal consequences for the prosecutor of a judicial decision setting aside its decision following a motion for revision. Since there is no guarantee that judicial review decisions will be duly followed up through correct prosecutorial action, the discretion granted to the prosecutor seriously undermines the effectiveness and thus the adequacy of the remedial measure. Furthermore (ii) for the cases where a motion for prosecution may be filed, the Act on Judicial Review requires an examination of the ground for the motion for prosecution by the trial court in camera and without hearing evidence, which is additional to the preliminary examination of formal grounds established under the new procedure. On the basis of the Commission’s assessment and of the reasons provided therein, such an examination by the trial court of the ground for the motion for prosecution amounts to a substantive filtering which would risk anticipating or preventing a ruling on the merits, without the possibility to seek and hear evidence in the case. This represents an unnecessary step and undermines the effectiveness of the remedial measure. Finally, the Act on Judicial Review does not clarify the scope of application in time of the new rules and, in particular, fails to clarify that the new procedure will also apply to (non-time-barred) criminal offences committed before 1 January 2023.The Council considers that for these reasons and those further set out in the Commission’s communication, the weaknesses identified are of a such gravity as to seriously compromise the adequacy of the remedial measure to address the issues of ineffective investigations, prosecution and sanctioning of criminal offences in the domain of public property.
DECISION (EU) 2022/457 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 9 March 2022

on the mobilisation of the European Globalisation Adjustment Fund for Displaced Workers (EGF/2022/000 TA 2022 – Technical assistance at the initiative of the Commission)

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 Regulation (EU) 2021/691 of the European Parliament and of the Council of 28 April 2021 on the European Globalisation Adjustment Fund for Displaced Workers (EGF) and repealing Regulation (EU) No 1309/2013 (1), and in particular Article 15(1) thereof,

Having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (2), and in particular point 9 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The objectives of the European Globalisation Adjustment Fund for Displaced Workers (EGF) are to demonstrate solidarity and promote decent and sustainable employment in the Union by offering support to displaced workers and self-employed persons whose activity has ceased in the case of major restructuring events and supporting them in returning to decent and sustainable employment as soon as possible.

(2) The EGF is not to exceed a maximum annual amount of EUR 186 million (in 2018 prices), as laid down in Article 8 of Council Regulation (EU, Euratom) 2020/2093 (3).

(3) Regulation (EU) 2021/691 states that a maximum of 0,5 % of the annual ceiling of the EGF may be used each year for technical assistance at the initiative of the Commission.

(4) The EGF should, therefore, be mobilised in order to provide the sum of EUR 290 000 for technical assistance at the initiative of the Commission.

(5) In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption,

HAVE ADOPTED THIS DECISION:

Article 1 For the general budget of the Union for the financial year 2022, the European Globalisation Adjustment Fund for Displaced Workers shall be mobilised to provide the amount of EUR 290 000 in commitment and payment appropriations.

Article 2 This Decision shall enter into force on the day of its publication in the Official Journal of the European Union. It shall apply from 9 March 2022.

Done at Strasbourg, 9 March 2022. For the European Parliament The President R. METSOLA For the Council The President B. KLINKERT

(1) OJ L 153, 3.5.2021, p. 48.

(2) OJ L 433 I, 22.12.2020, p. 28.

(3) Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433 I, 22.12.2020, p. 11).
COMMISSION IMPLEMENTING DECISION (EU) 2023/172

of 24 January 2023

amending Implementing Decision 2012/715/EU as regards the inclusion of Canada in the list of third countries established by that Decision

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use (1), and in particular Article 111b(1) thereof,

Whereas:

(1) In accordance with Article 111b(1) of Directive 2001/83/EC, a third country may request the Commission to assess whether that country’s regulatory framework applicable to active substances exported to the Union, and the respective control and enforcement activities, ensure a level of protection of public health equivalent to that of the Union in order to be included in a list of third countries ensuring an equivalent level of protection of public health.

(2) Canada requested, by letter dated 1 October 2018, to be listed in accordance with Article 111b(1) of Directive 2001/83/EC.

(3) The Commission has assessed the request by carrying on a review of the relevant documentation and an on-site review of Canada’s regulatory system and an observed inspection and taking due account of the action plan proposed on 23 September 2022, by the Canadian competent authority, Health Canada/Santé Canada.

(4) The Commission has also assessed the regulations to extend Canada’s drug establishment licensing framework and Good Manufacturing Practice requirements to establishments that conduct regulated activities with active substances intended solely for export (2), which are to enter into force on 8 December 2022.

(5) Based on that equivalence assessment, the Commission concluded that the requirements of Article 111(b) of Directive 2001/83/EC were fulfilled.

(6) Commission Implementing Decision 2012/715/EU (3) should be amended accordingly.

HAS ADOPTED THIS DECISION:

Article 1 The Annex to Implementing Decision 2012/715/EU is replaced by the text set out in the Annex to this Decision.

Article 2 This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 24 January 2023. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 311, 28.11.2001, p. 67.

(2) Canada Gazette Part II, Vol. 156, No 12/Gazette du Canada Partie II, vol. 156, no 12 p. 1521

(3) Commission Implementing Decision 2012/715/EU of 22 November 2012 establishing a list of third countries with a regulatory framework applicable to active substances for medicinal products for human use and the respective control and enforcement activities ensuring a level of protection of public health equivalent to that in the Union, in accordance with Directive 2001/83/EC of the European Parliament and of the Council (OJ L 325, 23.11.2012, p. 15).
Official Journal of the European Union

COUNCIL DECISION (CFSP) 2023/258

of 6 February 2023

extending the mandate of European Union Special Representative for the Middle East Peace Process and amending Decision (CFSP) 2021/710

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 25 November 1996, the Council agreed to appoint a European Union Special Envoy for the Middle East Peace Process.

(2) On 29 April 2021, the Council adopted Decision (CFSP) 2021/710 (1) appointing Mr Sven KOOPMANS as the European Union Special Representative (EUSR) for the Middle East Peace Process. The EUSR’s mandate is to expire on 28 February 2023.

(3) The EUSR’s mandate should be extended for a further period of 24 months and a new financial reference amount for the period from 1 March 2023 to 28 February 2025 should be established.

(4) Decision (CFSP) 2021/710 should be amended accordingly.

(5) The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

HAS ADOPTED THIS DECISION:

Article 1 Decision (CFSP) 2021/710 is amended as follows: (1) Article 1 is replaced by the following: ‘Article 1 European Union Special Representative The mandate of Sven KOOPMANS as the European Union Special Representative (EUSR) for the Middle East Peace Process is extended until 28 February 2025. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).’; (2) in Article 5(1), the following subparagraph is added: ‘The financial reference amount intended to cover the expenditure related to the EUSR’s mandate for the period from 1 March 2023 to 28 February 2025 shall be EUR 2 499 330,98.’; (3) in Article 14, the second sentence is replaced by the following: ‘The EUSR shall present the Council, the HR and the Commission with regular progress reports and a final comprehensive mandate implementation report by 30 November 2024.’.

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

Done at Brussels, 6 February 2023. For the Council The President J. ROSWALL

(1) Council Decision (CFSP) 2021/710 of 29 April 2021 appointing the European Union Special Representative for the Middle East Peace Process (OJ L 147, 30.4.2021, p. 12).
DECISION No 22/60 of 7 September 1960 on the implementation of Article 15 of the Treaty

THE HIGH AUTHORITY,

Having regard to the fourth paragraph of Article 15 of the Treaty;

Whereas the form of Decisions, Recommendations and Opinions of the High Authority should be laid down in a binding manner, so that all interested parties can ascertain, in the light of objective and clear criteria, whether they are dealing with Decisions, Recommendations or Opinions of the High Authority within the meaning of Article 14 of the Treaty;

Whereas the formalities in respect of notification and publication must be defined.

DECIDES:

Article 1

All Decisions, Recommendations and Opinions of the High Authority shall be expressly described as such in their titles. These instruments shall show the date of their adoption by the High Authority ; they shall be signed by the President, by a Vice-President or by a member of the High Authority, and the words "for the High Authority" shall precede the signature. The original text shall be kept in the archives of the High Authority.

Article 2

Decisions and Recommendations shall be preceded: (a) by a reference to the provisions of the Treaty and, where appropriate, of the Decisions and other Acts which form the legal basis of the Decision or Recommendation in question;

(b) where appropriate, by a reference to the Opinions obtained in accordance with the Treaty;

(c) by a statement of the reasons for the Decision or Recommendation.

Article 3

Decisions and Recommendations shall be set out in Articles.

Article 4

1. Decisions and Recommendations dealing with individual cases shall be notified either by registered post with receipted delivery, or by direct delivery to an authorized recipient against receipt. The documents thus notified shall be certified by the Secretary-General of the High Authority or his deputy to be true copies of the original.

2. Furthermore, where the Treaty so provides or where the High Authority considers it desirable, Decisions and Recommendations covered by this Article shall be published as provided for in Article 5.

Article 5

Where Decisions or Recommendations are to be published, they shall be published in the Official Journal of the European Communities in the four official languages of the Community.

Article 6

Decisions and Recommendations whose publication is obligatory shall enter into force on the date specified therein or, failing such date, on the twentieth day following their publication in the Official Journal of the European Communities.

This Decision was considered and adopted by the High Authority at its meeting on 7 September 1960.

For the High Authority

The President

Piero MALVESTITI
NoL83/12 OfficialJournaloftheEuropeanCommunities 27.3.84
CORRIGENDA
Corrigendum toCommissionDecision73/287/ECSCof25July1973concerningcoaland
cokefortheironandsteelindustryintheCommunity
(OfficialJournaloftheEuropeanCommunities NoL259of15September1973)
Page40,Article6,secondindentshallreadasfollows:
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engagedinintra-Community trade,insofarastheirproductionofcokingcoalandcokeprovides
atleast75%oftherequirements oftheirblastfurnaces.'