do-me/EUR-LEX huggingface dataset:
Commission Delegated Regulation (EU) 2017/2366 of 18 December 2017 amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (Text with EEA relevance. )
Date: 2017-12-18
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: award of contract, financial legislation








L_2017337EN.01002101.xml










19.12.2017   


EN


Official Journal of the European Union


L 337/21








            COMMISSION DELEGATED REGULATION (EU) 2017/2366
of 18 December 2017
         
amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard to Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (1), and in particular the second subparagraph of Article 9(4) thereof,

Whereas:







(1)


By Decision 2014/115/EU (2), the Council approved the Protocol amending the Agreement on Government Procurement (‘the Agreement’) (3) concluded in the framework of the World Trade Organization. The Agreement is a plurilateral instrument and its purpose is to mutually open government procurement markets among its parties. It applies to any procurement contract with a value that reaches or exceeds the amounts (‘thresholds’) set in it and expressed as special drawing rights.












(2)


One of the objectives of Directive 2014/23/EU is to allow the contracting entities and the contracting authorities which apply that Directive to comply at the same time with the obligations laid down in the Agreement. To achieve that, the thresholds laid down by that Directive for public contracts which are also covered by the Agreement should be aligned in order to ensure that they correspond to the euro equivalents, rounded down to the nearest thousand, of the thresholds set out in the Agreement.












(3)


For reasons of coherence, it is appropriate to align also the thresholds laid down in Directive 2014/23/EU which are not covered by the Agreement.












(4)


Directive 2014/23/EU should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
In Article 8(1) of Directive 2014/23/EU, the amount ‘EUR 5 225 000’ is replaced by ‘EUR 5 548 000’.


Article 2
This Regulation shall enter into force on 1 January 2018.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2017.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 94, 28.3.2014, p. 1.

(2)  Council Decision 2014/115/EU of 2 December 2013 on the conclusion of the Protocol Amending the Agreement on Government Procurement (OJ L 68, 7.3.2014, p. 1).

(3)  
            OJ L 68, 7.3.2014, p. 4.
Council Decision of 18 December 2017 appointing the Chairperson of the European Statistical Governance Advisory Board
Date: 2017-12-18
Institutions: Council of the European Union
Subjects: EU statistics, advisory committee (EU), appointment of members, governance, president of an institution








C_2017439EN.01000701.xml










20.12.2017   


EN


Official Journal of the European Union


C 439/7





COUNCIL DECISION
of 18 December 2017
appointing the Chairperson of the European Statistical Governance Advisory Board
(2017/C 439/04)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Decision No 235/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Governance Advisory Board (1), and in particular Article 3 thereof,
Having regard to the opinion of the European Commission,
Having regard to the approval of the European Parliament,
Whereas:






(1)


On 17 February 2015, the Council adopted Decision 2015/C 70/04 (2) appointing Mr Martti HETEMÄKI as the Chairperson of the European Statistical Governance Advisory Board for a period of 3 years from 1 February 2015.










(2)


It is therefore necessary to appoint a new Chairperson to take office upon expiry of that term of office.










(3)


According to Article 3(3) of Decision No 235/2008/EC, the Chairperson is not to be a current member of either a National Statistical Office or the Commission,




HAS ADOPTED THIS DECISION:
Article 1
Mr Enrico GIOVANNINI is hereby appointed as the Chairperson of the European Statistical Governance Advisory Board for a period of 3 years from 1 February 2018.
Article 2
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 18 December 2017.


For the Council


The President

K. SIMSON




(1)  OJ L 73, 15.3.2008, p. 17.

(2)  Council Decision of 17 February 2015 appointing the Chairperson of the European Statistical Governance Advisory Board (OJ C 70, 27.2.2015, p. 4).
Council Decision of 18 December 2017 appointing three members of the European Statistical Governance Advisory Board
Date: 2017-12-18
Institutions: Council of the European Union
Subjects: EU statistics, advisory committee (EU), appointment of members, governance








C_2017439EN.01000501.xml










20.12.2017   


EN


Official Journal of the European Union


C 439/5





COUNCIL DECISION
of 18 December 2017
appointing three members of the European Statistical Governance Advisory Board
(2017/C 439/03)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Decision No 235/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Governance Advisory Board (1), and in particular Article 3 thereof,
Having regard to the opinion of the European Commission,
Whereas:






(1)


On 17 February 2015, the Council adopted Decision 2015/C 70/03 (2) appointing three members of the European Statistical Governance Advisory Board (‘the Board’) for a period of 3 years from 1 February 2015.










(2)


It is therefore necessary to appoint 3 new members to take office upon expiry of those terms of office.










(3)


According to Article 3(2) of Decision No 235/2008/EC, the members of the Board are to be selected from among experts possessing outstanding competence in the field of statistics,




HAS ADOPTED THIS DECISION:
Article 1
The following persons are hereby appointed as the members representing the Council in the European Statistical Governance Advisory Board for a period of 3 years from 1 February 2018:






—


Mr Bart DE MOOR,










—


Mr Jaume GARCIA,










—


Mr Algirdas ŠEMETA.




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

Done at Brussels, 18 December 2017.


For the Council


The President

K. SIMSON




(1)  OJ L 73, 15.3.2008, p. 17.

(2)  Council Decision of 17 February 2015 appointing three members of the European Statistical Governance Advisory Board (OJ C 70, 27.2.2015, p. 2.).
Council Decision (EU) 2017/2435 of 18 December 2017 appointing a member, proposed by Malta, of the Committee of the Regions
Date: 2017-12-18
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Malta, appointment of members








L_2017344EN.01003601.xml










23.12.2017   


EN


Official Journal of the European Union


L 344/36








            COUNCIL DECISION (EU) 2017/2435
of 18 December 2017
         
appointing a member, proposed by Malta, 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 the proposal of the Government of Malta,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 11 July 2017, by Council Decision (EU) 2017/1337 (4), Mr Marc SANT was replaced by Mr Mario FAVA as a member.












(2)


A member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Mario FAVA (Councillor, Swieqi, Local Council) was proposed,





HAS ADOPTED THIS DECISION:



Article 1
The following 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 2020:






—


Mr Mario FAVA, Councillor, Fgura, Local Council (change of mandate).






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




Done at Brussels, 18 December 2017.


For the Council


The President

K. SIMSON
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

(4)  Council Decision (EU) 2017/1337 of 11 July 2017 appointing a member and an alternate member, proposed by Malta, of the Committee of the Regions (OJ L 185, 18.7.2017, p. 48).
Council Implementing Decision (EU) 2017/2437 of 18 December 2017 on the renewal of the term of office of the Chair of the Single Resolution Board
Date: 2017-12-18
Institutions: Council of the European Union
Subjects: EU office or agency, banking, credit institution, investment company, monetary crisis, president of an institution








L_2017344EN.01003801.xml










23.12.2017   


EN


Official Journal of the European Union


L 344/38








            COUNCIL IMPLEMENTING DECISION (EU) 2017/2437
of 18 December 2017
         
on the renewal of the term of office of the Chair of the Single Resolution Board


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (1), and in particular Article 56(6) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


Regulation (EU) No 806/2014 entered into force on 19 August 2014.












(2)


On 19 December 2014, the Council adopted Implementing Decision 2014/943/EU (2), in accordance with Article 56(6) of Regulation (EU) No 806/2014 appointing the first Chair, the Vice-Chair and four further full-time members of the Single Resolution Board.












(3)


Pursuant to Article 56(7) of Regulation (EU) No 806/2014, the term of office of the first Chair of the Single Resolution Board appointed after the entry into force of that Regulation is three years, renewable once for a period of five years.












(4)


On 29 November 2017, the Commission submitted a proposal for the renewal of the term of office of Ms Elke KÖNIG, the first Chair of the Single Resolution Board, to the European Parliament, for a period of five years as from 23 December 2017. The European Parliament approved this proposal on 12 December 2017,





HAS ADOPTED THIS DECISION:



Article 1
The term of office of Ms Elke KÖNIG, Chair of the Single Resolution Board, is hereby renewed for a period of five years as from 23 December 2017.


Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.




Done at Brussels, 18 December 2017.


For the Council


The President

K. SIMSON
            





(1)  
            OJ L 225, 30.7.2014, p. 1.

(2)  Council Implementing Decision 2014/943/EU of 19 December 2014 on the appointment of the Chair, the Vice-Chair and the further full-time members of the Single Resolution Board (OJ L 367, 23.12.2014, p. 97).
Case C-709/17 P: Appeal brought on 18 December 2017 by the European Commission against the judgment of the General Court (Seventh Chamber) delivered on 10 October 2017 in Case T-435/15: Kolachi Raj Industrial (Private) Ltd v European Commission
Date: 2017-12-18
Institutions: Court of Justice
Subjects: China, Pakistan, anti-dumping duty, import (EU), originating product, two-wheeled vehicle








C_2018112EN.01001601.xml










26.3.2018   


EN


Official Journal of the European Union


C 112/16





Appeal brought on 18 December 2017 by the European Commission against the judgment of the General Court (Seventh Chamber) delivered on 10 October 2017 in Case T-435/15: Kolachi Raj Industrial (Private) Ltd v European Commission
(Case C-709/17 P)
(2018/C 112/21)
Language of the case: English

Parties


Appellant: European Commission (represented by: J.-F. Brakeland, A. Demeneix, M. França, Agents)

Other parties to the proceedings: Kolachi Raj Industrial (Private) Ltd, European Bicycle Manufacturers Association

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment of the General Court of 10 October 2017 in Case T-435/15 Kolachi Raj Industrial (Private) Ltd v Commission, reject the application at first instance, and order the applicant to pay the costs;
or, alternatively,










—


refer back the case to the General Court for reconsideration; reserve the costs of the proceedings at first instance and on appeal.





Pleas in law and main arguments

The appeal brought by the Commission concerns the judgment of the General Court of 10 October 2017 in Case T-435/15. In that judgment, the General Court annulled, to the extent that it concerns Kolachi Raj, Commission Implementing Regulation (EU) 2015/776 (1) of 18 May 2015 extending the definitive anti-dumping duty imposed by Council Regulation (EU) No 502/2013 on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not.
The Commission relies, in support of its appeal, on one single ground of appeal.
The Commission considers that the General Court misinterpreted Article 1 3(2)(b) of the basic anti-dumping regulation. First, in the contested judgment, the General Court incorrectly imported rules of origin in the application of Article 13 of the Basic Regulation and in the interpretation of the term ‘from’ used in its Article 13(2)(b). Second, the General Court incorrectly restricted the type of evidence that the Commission may use to demonstrate that parts come ‘from’ the country subject to anti-dumping measures. The Commission considers that the interpretation adopted by the General Court is not in line with the text, the context and the purpose of Article 13 of the Basic Regulation, nor with the case-law of the Court of Justice on anti-circumvention measures.


(1)  OJ 2015, L 122, p. 4.
Case C-710/17: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 18 December 2017 — CCC — Consorzio Cooperative Costruzioni Soc. Cooperativa v Comune di Tarvisio
Date: 2017-12-18
Institutions: Court of Justice
Subjects: engineer, professional qualifications, tendering








C_2018112EN.01001602.xml










26.3.2018   


EN


Official Journal of the European Union


C 112/16





Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 18 December 2017 — CCC — Consorzio Cooperative Costruzioni Soc. Cooperativa v Comune di Tarvisio
(Case C-710/17)
(2018/C 112/22)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: CCC — Consorzio Cooperative Costruzioni Soc. Cooperativa

Defendant: Comune di Tarvisio

Question referred

Is a provision such as that of Article 53(3) of Legislative Decree No 163 of 16 April 2006 that allows the participation of an undertaking with a ‘named’ design engineer who, since he is not himself a tenderer, may not rely on the capacity of others, compatible with Article 48 of Directive 2004/18/EC of 31 March 2004? (1)



(1)  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 (OJ 2004 L 134, p. 114).
Case T-451/17: Order of the General Court of 18 December 2017 — Verband der Deutschen Biokraftstoffindustrie v Commission
Date: 2017-12-18
Institutions: General Court
Subjects: air quality, biofuel, environmental standard, greenhouse gas, reduction of gas emissions, technical specification








C_2018052EN.01004403.xml










12.2.2018   


EN


Official Journal of the European Union


C 52/44





Order of the General Court of 18 December 2017 — Verband der Deutschen Biokraftstoffindustrie v Commission
(Case T-451/17) (1)

(2018/C 052/60)
Language of the case: German
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 318, 25.9.2017.
Case T-819/17: Action brought on 18 December 2017 — Sierra v EUIPO
Date: 2017-12-18
Institutions: General Court
Subjects: European official, freedom of expression, promotion, staff assessment








C_2018072EN.01003901.xml










26.2.2018   


EN


Official Journal of the European Union


C 72/39





Action brought on 18 December 2017 — Sierra v EUIPO
(Case T-819/17)
(2018/C 072/50)
Language of the case: Spanish

Parties


Applicant: Mercedes Sierra (Alicante, Spain) (represented by: E. Fontes Vila, lawyer)

Defendant: European Union Intellectual Property Office

Form of order sought

The applicant claims that the Court should order the defendant to delete from the applicant’s ‘Appraisal Report’ for the year 2016 any criticism of her communication style, on the ground that it constitutes a misrepresentation and is contrary to the fundamental right of the individual to freely express ideas and opinions.

Pleas in law and main arguments

The present action is brought against EUIPO’s decision adopted in the applicant’s annual performance appraisal for the year 2016.
Specifically, the applicant requests that certain assessments be removed from the ‘Appraisal Report’.
In support of her action, the applicant relies on her right to freedom of expression whilst at work without fear of reprisal.
The applicant considers her right to freedom of expression to have been infringed and considers that the reason given for the decision not to promote the official, as merited on the basis of the appraisal of her commitment, the quality and performance of her work, denies her the opportunity to defend herself.
Council Decision (CFSP) 2017/2371 of 18 December 2017 amending Decision 2014/486/CFSP on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)
Date: 2017-12-18
Institutions: Council of the European Union
Subjects: EU police mission, Ukraine, technical cooperation








L_2017337EN.01003401.xml










19.12.2017   


EN


Official Journal of the European Union


L 337/34








            COUNCIL DECISION (CFSP) 2017/2371
of 18 December 2017
         
amending Decision 2014/486/CFSP on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 28, Article 42(4) and Article 43(2) thereof,


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

Whereas:







(1)


On 22 July 2014, the Council adopted Decision 2014/486/CFSP (1) on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine).












(2)


On 20 November 2017, the Council adopted Decision (CFSP) 2017/2161 (2) amending Decision 2014/486/CFSP, extending the mandate until 31 May 2019 and providing EUAM Ukraine with a financial reference amount for the same period.












(3)


Following a recommendation by the Civilian Operation Commander, the Political and Security Committee agreed on 13 December 2017 to open a regional presence in Odessa.












(4)


A revised financial reference amount for the period until 31 May 2019 should therefore be provided for, and Decision 2014/486/CFSP should be amended accordingly.












(5)


EUAM Ukraine will be conducted 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
In Article 14(1) of Decision 2014/486/CFSP, the fifth and sixth subparagraphs are replaced by the following:

‘The financial reference amount intended to cover the expenditure related to EUAM Ukraine for the period from 1 December 2017 to 31 May 2019 shall be EUR 33 843 302,49.’.



Article 2

Entry into force

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




Done at Brussels, 18 December 2017.


For the Council


The President

K. SIMSON
            





(1)  Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (OJ L 217, 23.7.2014, p. 42).

(2)  Council Decision (CFSP) 2017/2161 of 20 November 2017 amending Decision 2014/486/CFSP on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (OJ L 304, 21.11.2017, p. 48).