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name: council decision (eu) 2018/2068 of 29 november 2018 on the signing, on behalf of the union, of the sustainable fisheries partnership agreement between the european union and the kingdom of morocco, the implementation protocol thereto and the exchange of letters accompanying the agreement type: decision subject matter: european construction; international affairs; africa; fisheries date published: 2018-12-28 28.12.2018 en official journal of the european union l 331/1 council decision (eu) 2018/2068 of 29 november 2018 on the signing, on behalf of the union, of the sustainable fisheries partnership agreement between the european union and the kingdom of morocco, the implementation protocol thereto and the exchange of letters accompanying the agreement the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 43, in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) on 22 may 2006, the council adopted regulation (ec) no 764/2006 (1) on the conclusion of the fisheries partnership agreement between the european community and the kingdom of morocco (the agreement). the agreement was subsequently tacitly renewed. (2) the last protocol implementing the agreement and setting out the fishing opportunities and financial contribution provided for therein expired on 14 july 2018. (3) in its judgment in case c-266/16 (2) in reply to a request for a preliminary ruling on the validity and interpretation of the agreement and of the implementation protocol thereto, the court held that neither the agreement nor the implementation protocol thereto apply to the waters adjacent to the territory of western sahara. (4) the union does not prejudice the outcome of the political process on the final status of western sahara taking place under the auspices of the united nations, and it has constantly reaffirmed its commitment to the settlement of the dispute in western sahara, which is currently listed by the united nations as a non-self-governing territory and administered principally by the kingdom of morocco. it fully supports the efforts made by the united nations secretary-general and his personal envoy to assist the parties in achieving a just, lasting and mutually acceptable political solution which will allow the self-determination of the people of western sahara as part of arrangements consistent with the purposes and principles set out in the charter of the united nations and enshrined in united nations security council resolutions (unscr), and in particular unscr 2152 (2014), unscr 2218 (2015), unscr 2285 (2016), unscr 2351 (2017) and unscr 2414 (2018). (5) it should be possible for union fleets to continue the fishing activities they had pursued since the entry into force of the agreement, and the scope of application of the agreement should be defined so as to include the waters adjacent to the territory of western sahara. furthermore, the continuation of the fisheries partnership is essential in order for that territory to continue to benefit from the sectoral support provided under the agreement, in compliance with union and international law, including human rights, and for the benefit of the people concerned. (6) to that end, on 16 april 2018 the council authorised the commission to begin negotiations with the kingdom of morocco with a view to amending the agreement and agreeing on a new implementation protocol. following those negotiations, a new sustainable fisheries partnership agreement between the european union and the kingdom of morocco (the fisheries agreement), as well as a new implementation protocol thereto, including the annex and appendices to that protocol, and the exchange of letters accompanying the fisheries agreement that forms an integral part of the fisheries agreement, were initialled on 24 july 2018. (7) the objective of the fisheries agreement is to enable the union and the kingdom of morocco to work together more closely on promoting a sustainable fisheries policy and sound exploitation of fishery resources in the fishing zone defined in the fisheries agreement and supporting the kingdom of morocco's efforts to develop the fisheries sector and a blue economy. it thereby contributes to achieving the objectives of the union under article 21 of the treaty on european union. (8) the commission assessed the potential impact of the fisheries agreement on sustainable development, in particular as regards the benefits for the people concerned and the exploitation of the natural resources of the territories concerned. (9) in line with that evaluation, it is assessed that the fisheries agreement should be highly beneficial to the people concerned owing to the positive socio-economic impacts on those people, particularly in terms of employment and investment, and to its impact on the development of the fisheries sector and fish processing sector. (10) equally, it is assessed that the fisheries agreement represents the best guarantee for the sustainable exploitation of the natural resources of the waters adjacent to western sahara, since the fishing activities comply with the best scientific advice and recommendations in that area and are subject to appropriate monitoring and control measures. (11) in view of the considerations set out in the court of justice's judgment, the commission, together with the european external action service, took all reasonable and feasible measures in the current context to properly involve the people concerned in order to ascertain their consent. extensive consultations were carried out in western sahara and in the kingdom of morocco, and the socio-economic and political actors who participated in the consultations were clearly in favour of concluding the fisheries agreement. however, the polisario front and some other parties did not accept to take part in the consultation process. (12) those who did not accept to participate in the process rejected the application of the fisheries agreement and the implementation protocol thereto to the waters adjacent to western sahara, because they felt essentially that those acts would affirm the kingdom of morocco's position on the territory of western sahara. however, there is nothing in the terms of the fisheries agreement or of the implementation protocol thereto which implies that it would recognise the kingdom of morocco's sovereignty or sovereign rights over western sahara and the adjacent waters. the union will also continue to step up its efforts in support of the process, initiated and pursued under the auspices of the united nations, of peacefully resolving the dispute. (13) the fisheries agreement, the implementation protocol thereto and the exchange of letters accompanying the fisheries agreement should be signed, has adopted this decision: article 1 the signing on behalf of the union of the sustainable fisheries partnership agreement between the european union and the kingdom of morocco (the fisheries agreement), the implementation protocol thereto and the exchange of letters accompanying the fisheries agreement is hereby authorised, subject to the conclusion of those acts (3). article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the fisheries agreement, the implementation protocol thereto and the exchange of letters accompanying the fisheries agreement on behalf of the union. article 3 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 29 november 2018. for the council the president m. schramb ck (1) council regulation (ec) no 764/2006 of 22 may 2006 on the conclusion of the fisheries partnership agreement between the european community and the kingdom of morocco (oj l 141, 29.5.2006, p. 1). (2) judgement of the court of justice of 27 february 2018,western sahara campaign uk, c-266/16, ecli:eu:c:2018:118. (3) the text of the fisheries agreement, of the implementation protocol thereto and of the exchange of letters accompanying the fisheries agreement will be published together with the decision on its conclusion.
name: council decision (eu) 2018/1907 of 20 december 2018 on the conclusion of the agreement between the european union and japan for an economic partnership type: decision subject matter: cooperation policy; asia and oceania; international affairs; european construction date published: 2018-12-27 27.12.2018 en official journal of the european union l 330/1 council decision (eu) 2018/1907 of 20 december 2018 on the conclusion of the agreement between the european union and japan for an economic partnership the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 91, article 100(2) and the first subparagraph of article 207(4), in conjunction with point (a)(v) of the second subparagraph of article 218(6) and article 218(7) 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 (eu) 2018/966 (2), the agreement between the european union and japan for an economic partnership (the agreement) was signed on 17 july 2018. (2) in order to ensure an efficient operation of the wine export facilitation system provided for in the agreement, the commission should be authorised to temporarily suspend, on behalf of the union and as provided for in paragraph 3 of article 2.29 of the agreement, the acceptance of self-certification of wine products as set out in article 2.28 of the agreement. the commission should also be authorised to terminate that temporary suspension on behalf of the union and as provided for in paragraph 4 of article 2.29 of the agreement. (3) in accordance with article 218(7) of the treaty, it is appropriate for the council to authorise the commission to approve, on behalf of the union, certain modifications to the agreement. the commission should therefore be authorised to approve modifications pursuant to article 10.14 of the agreement as regards part 2 of annex 10 to the agreement after consultation with the special committee appointed by the council in accordance with article 207(3) of the treaty. that authorisation should not apply to modifications to commitments under paragraph 4 (procurement of railway-related goods and services) and paragraph 5 (services) of section a of part 2 of annex 10 to the agreement. the commission should also be authorised to approve modifications of annex 14-a and annex 14-b to the agreement. (4) in accordance with article 23.5 of the agreement, nothing in the agreement is to be construed as conferring rights or imposing obligations on persons, without prejudice to the rights and obligations of persons under other public international law. it is therefore not possible to invoke the agreement directly before the courts of the union or of the member states. (5) the agreement should be approved, has adopted this decision: article 1 the agreement between the european union and japan for an economic partnership is hereby approved. the text of the agreement is attached to this decision. article 2 1. the decision of the union to temporarily suspend, in accordance with paragraph 3 of article 2.29 of the agreement, the acceptance of self-certification of wine products as set out in article 2.28 of the agreement shall be taken by the commission. 2. the decision of the union to terminate, in accordance with paragraph 4 of article 2.29 of the agreement, the temporary suspension referred to in paragraph 1 of this article shall be taken by the commission. article 3 for the purposes of article 10.14 of the agreement, the position of the union on the modifications or rectifications to commitments under part 2 of annex 10 to the agreement shall be taken by the commission after consultation with the special committee appointed by the council in accordance with article 207(3) of the treaty. this provision does not apply to modifications to commitments under paragraph 4 (procurement of railway-related goods and services) and paragraph 5 (services) of section a of part 2 of annex 10 to the agreement. article 4 modifications of annex 14-a and annex 14-b to the agreement through decisions of the joint committee established by the agreement, following recommendations of the committee on intellectual property established by the agreement, shall be approved by the commission on behalf of the union. where interested parties cannot reach an agreement following objections relating to a geographical indication, the commission shall adopt a position on the basis of the procedure laid down in article 57(2) of regulation (eu) no 1151/2012 of the european parliament and of the council (3). article 5 the president of the council shall, on behalf of the union, give the notification provided for in article 23.3 of the agreement. (4) article 6 this decision shall enter into force on the date of its adoption. done at brussels, 20 december 2018. for the council the president e. k stinger (1) consent of 12 december 2018 (not yet published in the official journal). (2) council decision (eu) 2018/966 of 6 july 2018 on the signing, on behalf of the european union, of the agreement between the european union and japan for an economic partnership (oj l 174, 10.7.2018, p. 1). (3) regulation (eu) no 1151/2012 of the european parliament and of the council of 21 november 2012 on quality schemes for agricultural products and foodstuffs (oj l 343, 14.12.2012, p. 1). (4) the date of entry into force of the agreement will be published in the official journal of the european union by the general secretariat of the council.
name: council implementing decision (eu) 2018/2060 of 20 december 2018 amending decision 2009/791/ec authorising germany to continue to apply a measure derogating from articles 168 and 168a of directive 2006/112/ec on the common system of value added tax type: decision_impl subject matter: european union law; taxation; consumption; europe date published: 2018-12-27 27.12.2018 en official journal of the european union l 329/20 council implementing decision (eu) 2018/2060 of 20 december 2018 amending decision 2009/791/ec authorising germany to continue to apply a measure derogating from articles 168 and 168a of directive 2006/112/ec on the common system of value added tax the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council directive 2006/112/ec of 28 november 2006 on the common system of value added tax (1), and in particular article 395(1) thereof, having regard to the proposal from the european commission, whereas: (1) articles 168 and 168a of directive 2006/112/ec govern the right of taxable persons to deduct value added tax (vat) charged on goods and services supplied to them for the purposes of their taxed transactions. germany was authorised to introduce a derogating measure intended to exclude vat borne on goods and services from the right of deduction where those goods and services are used by the taxable person for more than 90 % for his private purposes or for purposes of his employees, or in general for non-business purposes or non-economic activities. (2) initially, council decision 2000/186/ec (2) authorised germany to introduce and apply special measures derogating from articles 6 and 17 of council directive 77/388/eec (3) until 31 december 2002. council decision 2003/354/ec (4) authorised germany to apply a measure derogating from article 17 of directive 77/388/eec until 30 june 2004. council decision 2004/817/ec (5) extended the authorisation until 31 december 2009. (3) by means of council decision 2009/791/ec (6) germany was authorised to continue to apply a special measure derogating from article 168 of directive 2006/112/ec until 31 december 2012. council implementing decision 2012/705/eu (7) authorised germany to apply a special measure derogating from articles 168 and 168a until 31 december 2015, and council implementing decision (eu) 2015/2428 (8) until 31 december 2018. (4) by letter registered with the commission on 10 september 2018, germany requested the authorisation to continue to apply the special measure derogating from articles 168 and 168a of directive 2006/112/ec in order to entirely exclude from the right of deduction the vat borne on goods and services that are used by a taxable person for more than 90 % for private or non-business purposes, including non-economic activities. the request was accompanied by a report on the application of the special measure, including a review of the apportionment rate applied on the right to deduct vat as required by article 2 of decision 2009/791/ec. (5) in accordance with the second subparagraph of article 395(2) of directive 2006/112/ec, the commission transmitted the request made by germany to the other member states, by letters dated 14 september 2018. by letter dated 17 september 2018, the commission notified germany that it had all the necessary information for the appraisal of the request. (6) according to germany, the special measure has proven very effective in simplifying the collection of vat and preventing tax evasion and avoidance. the measure reduces the administrative burden for businesses and tax administrations, as there is no need for any monitoring of the subsequent use of the goods and services to which the exclusion from deduction applied at the time of their acquisition. germany should therefore be authorised to continue to apply the special measure for a further limited period until 31 december 2021. (7) in the event that germany considers that an extension beyond 2021 is necessary, it should, by 31 march 2021, submit to the commission a request for an extension accompanied by a report on the application of the special measure that includes a review of the apportionment rate applied. (8) the special measure will have no adverse impact on the union's own resources accruing from vat. (9) decision 2009/791/ec should therefore be amended accordingly, has adopted this decision: article 1 article 2 of decision 2009/791/ec is replaced by the following: article 2 this decision shall expire on 31 december 2021. any request for the extension of the derogating measure provided for in this decision shall be submitted to the commission by 31 march 2021. such request shall be accompanied by a report on the application of this measure which includes a review of the apportionment rate applied on the right to deduct vat on the basis of this decision. article 2 this decision shall take effect on the date of its notification. it shall apply from 1 january 2019. article 3 this decision is addressed to the federal republic of germany. done at brussels, 20 december 2018. for the council the president e. k stinger (1) oj l 347, 11.12.2006, p. 1. (2) council decision 2000/186/ec of 28 february 2000 authorising the federal republic of germany to apply measures derogating from articles 6 and 17 of the sixth directive 77/388/eec on the harmonisation of the laws of the member states relating to turnover taxes common system of value added tax: uniform basis of assessment (oj l 59, 4.3.2000, p. 12). (3) sixth council directive 77/388/eec of 17 may 1977 on the harmonisation of the laws of the member states relating to turnover taxes common system of value added tax: uniform basis of assessment (oj l 145, 13.6.1977, p. 1). (4) council decision 2003/354/ec of 13 may 2003 authorising germany to apply a measure derogating from article 17 of the sixth directive 77/388/eec on the harmonisation of the laws of the member states relating to turnover taxes (oj l 123, 17.5.2003, p. 47). (5) council decision 2004/817/ec of 19 november 2004 authorising germany to apply a measure derogating from article 17 of the sixth directive 77/388/eec on the harmonisation of the laws of the member states relating to turnover taxes (oj l 357, 2.12.2004, p. 33). (6) council decision 2009/791/ec of 20 october 2009 authorising the federal republic of germany to continue to apply a measure derogating from article 168 of directive 2006/112/ec on the common system of value added tax (oj l 283, 30.10.2009, p. 55). (7) council implementing decision 2012/705/eu of 13 november 2012 amending decision 2009/791/ec and implementing decision 2009/1013/eu authorising germany and austria respectively to continue to apply a measure derogating from articles 168 and 168a of directive 2006/112/ec on the common system of value added tax (oj l 319, 16.11.2012, p. 8). (8) council implementing decision (eu) 2015/2428 of 10 december 2015 amending decision 2009/791/ec and implementing decision 2009/1013/eu authorising germany and austria respectively to continue to apply a measure derogating from articles 168 and 168a of directive 2006/112/ec on the common system of value added tax (oj l 334, 22.12.2015, p. 12).
name: european securities and markets authority decision (eu) 2018/2064 of 14 december 2018 renewing the temporary prohibition on the marketing, distribution or sale of binary options to retail clients type: decision subject matter: marketing; free movement of capital date published: 2018-12-27 27.12.2018 en official journal of the european union l 329/27 european securities and markets authority decision (eu) 2018/2064 of 14 december 2018 renewing the temporary prohibition on the marketing, distribution or sale of binary options to retail clients the european securities and markets authority board of supervisors, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1095/2010 of the european parliament and of the council of 24 november 2010 establishing a european supervisory authority (european securities and markets authority), amending decision no 716/2009/ec and repealing commission decision 2009/77/ec (1), and in particular articles 9(5), 43(2) and 44(1) thereof, having regard to regulation (eu) no 600/2014 of the european parliament and of the council of 15 may 2014 on markets in financial instruments and amending regulation (eu) no 648/2012 (2), and in particular article 40 thereof, having regard to commission delegated regulation (eu) 2017/567 of 18 may 2016 supplementing regulation (eu) no 600/2014 of the european parliament and of the council with regard to definitions, transparency, portfolio compression and supervisory measures on product intervention and positions (3), and in particular article 19 thereof, whereas: (1) by decision (eu) 2018/795 (4), the european securities and markets authority (esma) prohibited the marketing, distribution or sale of binary options to retail clients with effect from 2 july 2018 for a period of three months. (2) in accordance with article 40(6) of regulation (eu) no 600/2014, esma must review a temporary product intervention measure at appropriate intervals and at least every three months. (3) by decision (eu) 2018/1466 (5), esma renewed and amended the temporary prohibition on the marketing, distribution or sale of binary options to retail clients with effect from 2 october 2018 for a period of three months. (4) esma's further review of the prohibition on binary options has been informed by, inter alia, a survey amongst national competent authorities (6) (ncas) on the practical application and impact of the product intervention measure as well as additional information provided by ncas and stakeholders. (5) ncas detected only limited examples of non-compliance with the esma product intervention measures. furthermore, no new authorisations have been provided to firms that market, distribute or sell binary options since the announcement of the agreed measures on 27 march 2018. (6) ncas noticed a slight increase in the number of clients treated as professional clients on request. however, the number of professional clients on request is relatively small in comparison to the previous number of retail clients of providers of binary options. esma is aware that some third-country firms are actively approaching union clients. however, without authorisation or registration in the union, these firms are only allowed to offer services to clients established or situated in the union at the client's own exclusive initiative. esma is also aware that firms are starting to provide other speculative investment products. esma will continue to monitor the offer of these other products to determine whether any other union measures are appropriate. (7) since the adoption of decision (eu) 2018/795, esma did not obtain evidence contradicting its overall finding of a significant investor protection concern identified in decision (eu) 2018/795 or decision (eu) 2018/1466 (decisions). esma has therefore concluded that the significant investor protection concern identified in the decisions would persist if the temporary prohibition on the marketing, distribution or sale of binary options to retail clients is not renewed. (8) moreover, the applicable existing regulatory requirements under union law have not changed and continue not to address the threat identified by esma. furthermore, ncas have not taken action to address the threat or the actions taken do not adequately address the threat. in particular, since the adoption of decision (eu) 2018/795, no nca has adopted its own national product intervention measure under article 42 of regulation (eu) no 600/2014 (7). (9) the renewal of the prohibition does not have a detrimental effect on the efficiency of financial markets or on investors that is disproportionate to the benefits of the action and does not create a risk of regulatory arbitrage for the same reasons set out in the decisions. (10) if the temporary prohibition is not renewed, esma continues to consider it likely that binary options will again be offered to retail clients and that the same or similar products will return to the market that gave rise to the consumer detriment identified in the decisions. (11) in view of these reasons, taken together with the reasons set out in the decisions, esma has decided to renew the prohibition on the same terms as those set out in decision (eu) 2018/1466 for a further three-month period to address the significant investor protection concern. (12) as the proposed measures may, to a limited extent, relate to agricultural commodities derivatives, esma has consulted the public bodies competent for the oversight, administration and regulation of physical agricultural markets under council regulation (ec) no 1234/2007 (8). none of those bodies has raised any objections to the proposed renewal of the measures. (13) esma has notified ncas of the proposed renewal decision, has adopted this decision: article 1 temporary prohibition on binary options in respect of retail clients 1. the marketing, distribution or sale to retail clients of binary options is prohibited. 2. for the purposes of paragraph 1, irrespective of whether it is traded on a trading venue, a binary option is a derivative that meets the following conditions: (a) it must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of default or other termination event; (b) it only provides for payment at its close-out or expiry; (c) its payment is limited to: (i) a predetermined fixed amount or zero if the underlying of the derivative meets one or more predetermined conditions; and (ii) a predetermined fixed amount or zero if the underlying of the derivative does not meet one or more predetermined conditions. 3. the prohibition in paragraph 1 does not apply to: (a) a binary option for which the lower of the two predetermined fixed amounts is at least equal to the total payment made by a retail client for the binary option, including any commission, transaction fees and other related costs; (b) a binary option that meets the following conditions: (i) the term from issuance to maturity is at least 90 calendar days; (ii) a prospectus drawn up and approved in accordance with directive 2003/71/ec of the european parliament and of the council (9) is available to the public; and (iii) the binary option does not expose the provider to market risk throughout the term of the binary option and the provider or any of its group entities do not make a profit or loss from the binary option, other than previously disclosed commission, transaction fees or other related charges. article 2 prohibition of participating in circumvention activities it shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the requirements in article 1, including by acting as a substitute for the binary option provider. article 3 entry into force and application 1. this decision enters into force on the day following that of its publication in the official journal of the european union. 2. this decision shall apply from 2 january 2019 for a period of 3 months. done at paris, 14 december 2018. for the board of supervisors steven maijoor the chair (1) oj l 331, 15.12.2010, p. 84. (2) oj l 173, 12.6.2014, p. 84. (3) oj l 87, 31.3.2017, p. 90. (4) european securities and markets authority decision (eu) 2018/795 of 22 may 2018 to temporarily prohibit the marketing, distribution or sale of binary options to retail clients in the union in accordance with article 40 of regulation (eu) no 600/2014 of the european parliament and of the council (oj l 136, 1.6.2018, p. 31). (5) european securities and markets authority decision (eu) 2018/1466 of 21 september 2018 renewing and amending the temporary prohibition in decision (eu) 2018/795 on the marketing, distribution or sale of binary options to retail clients (oj l 245, 1.10.2018, p. 17). (6) 24 ncas have responded: financial market authority (at fma), cyprus securities and exchange commission (cy-cysec), czech national bank (cz cnb), bundesanstalt f r finanzdienstleistungsaufsicht (de bafin), finanstilsynet (dk-finanstilsynet), hellenic capital markets commission (el-hcmc), comisi n nacional del mercado de valores (es cnmv), finnish financial supervisory authority (fi fsa), autorit des march s financiers (fr amf), magyar nemzeti bank (hu mnb), central bank of ireland (ie cbi), financial supervisory authority (is fme), commissione nazionale per le societ e la borsa (it consob), commission de surveillance du secteur financier (lu cssf), malta financial services authority (mt mfsa), autoriteit financi le markten (nl-afm), finanstilsynet (finanstilsynet-no), komisja nadzoru finansowego (pl-knf), comiss o do mercado de valores mobili rios (pt cmvm), romanian financial supervisory authority (ro fsa), finansinspektionen (se- finansinspektionen), agencija za trg vrednostnih papirjev (si-atvp), national bank slovakia (nbs-sk), financial conduct authority (uk- fca). (7) on 4 june 2018, a competent authority of an eea efta state, no-finanstilsynet, adopted national product intervention measures that have the same terms and dates of application of esma's measures. furthermore, on 5 july 2018, the financial supervisory authority of iceland published that it considers the marketing, distribution or sale of binary options to be contrary to proper and sound business procedures and practices in securities trading according to its national law (article 5 of act no 108/2007 on securities transactions). furthermore, on 6 july 2018 in romania national law started to apply that has similar terms as esma's measures. (8) council regulation (ec) no 1234/2007 of 22 october 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single cmo regulation) (oj l 299, 16.11.2007, p. 1). (9) directive 2003/71/ec of the european parliament and of the council of 4 november 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending directive 2001/34/ec (oj l 345, 31.12.2003, p. 64).
name: political and security committee decision (cfsp) 2018/2062 of 18 december 2018 extending the mandate of the head of the european union capacity building mission in somalia (eucap somalia) (eucap somalia/1/2018) type: decision subject matter: transport policy; international affairs; africa date published: 2018-12-27 27.12.2018 en official journal of the european union l 329/24 political and security committee decision (cfsp) 2018/2062 of 18 december 2018 extending the mandate of the head of the european union capacity building mission in somalia (eucap somalia) (eucap somalia/1/2018) 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 2012/389/cfsp of 16 july 2012 on the european union capacity building mission in somalia (eucap somalia) (1), and in particular article 9(1) thereof, whereas: (1) pursuant to article 9(1) of decision 2012/389/cfsp, the political and security committee (psc) is authorised, in accordance with article 38 of the treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the european union mission on regional maritime capacity building in the horn of africa (eucap nestor), including the decision to appoint a head of mission. (2) on 12 december 2016, council decision (cfsp) 2016/2240 (2) extended the mandate of the mission eucap nestor until 31 december 2018 and renamed it as eucap somalia. the council decision replaced regional maritime capacity building mission in the horn of africa (eucap nestor) with capacity building mission in somalia (eucap somalia). (3) on 10 december 2018, council decision (cfsp) 2018/1942 (3) extended the mandate of the mission eucap somalia until 31 december 2020. (4) on 26 july 2016, the psc adopted decision eucap nestor/1/2016 (4) appointing ms maria-cristina stepanescu as head of eucap nestor from 1 september 2016 to 12 december 2016. (5) on 10 january 2017, the psc adopted decision eucap somalia/1/2017 (5) extending the mandate of ms maria-cristina stepanescu as head of eucap somalia from 13 december 2016 until 12 december 2017. (6) on 31 october 2017, the psc adopted decision eucap somalia/2/2017 (6), extending the mandate of ms maria-cristina stepanescu as head of eucap somalia from 13 december 2017 to 31 december 2018. (7) the high representative of the union for foreign affairs and security policy has proposed to extend the mandate of ms maria-cristina stepanescu as head of eucap somalia from 1 january 2019 to 31 august 2019, has adopted this decision: article 1 the mandate of ms maria-cristina stepanescu as head of eucap somalia is hereby extended until 31 august 2019. article 2 this decision shall enter into force on 1 january 2019. done at brussels, 18 december 2018. for the political and security committee the chairperson s. from-emmesberger (1) oj l 187, 17.7.2012, p. 40. (2) council decision (cfsp) 2016/2240 of 12 december 2016 amending decision 2012/389/cfsp on the european union mission on regional maritime capacity building in the horn of africa (eucap nestor) (oj l 337, 13.12.2016, p. 18). (3) council decision (cfsp) 2018/1942 of 10 december 2018 extending and amending decision 2012/389/cfsp on the european union capacity building mission in somalia (eucap somalia) (oj l 314, 11.12.2018, p. 56). (4) political and security committee decision (cfsp) 2016/1633 of 26 july 2016 on the appointment of the head of mission of the european union mission on regional maritime capacity building in the horn of africa (eucap nestor) (eucap nestor/1/2016) (oj l 243, 10.9.2016, p. 8). (5) political and security committee decision (cfsp) 2017/114 of 10 january 2017 extending the mandate of the head of the european union capacity building mission in somalia (eucap somalia/1/2017) (oj l 18, 24.1.2017, p. 49). (6) political and security committee decision (cfsp) 2017/2059 of 31 october 2017 extending the mandate of the head of the european union capacity building mission in somalia (eucap somalia) (eucap somalia/2/2017) (oj l 294, 11.11.2017, p. 40).
name: commission implementing decision (eu) 2018/2048 of 20 december 2018 on the harmonised standard for websites and mobile applications drafted in support of directive (eu) 2016/2102 of the european parliament and of the council type: decision_impl subject matter: communications; technology and technical regulations; information technology and data processing date published: 2018-12-21 21.12.2018 en official journal of the european union l 327/84 commission implementing decision (eu) 2018/2048 of 20 december 2018 on the harmonised standard for websites and mobile applications drafted in support of directive (eu) 2016/2102 of the european parliament and of the council the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1025/2012 of the european parliament and of the council of 25 october 2012 on european standardisation, amending council directives 89/686/eec and 93/15/eec and directives 94/9/ec, 94/25/ec, 95/16/ec, 97/23/ec, 98/34/ec, 2004/22/ec, 2007/23/ec, 2009/23/ec and 2009/105/ec of the european parliament and of the council and repealing council decision 87/95/eec and decision no 1673/2006/ec of the european parliament and of the council (1), and in particular article 10(6) thereof, whereas: (1) in accordance with article 6(1) of directive (eu) 2016/2102 of the european parliament and of the council (2), content of websites and mobile applications which is in conformity with harmonised standards or parts thereof, the references of which have been published in the official journal of the european union, is to be presumed to be in conformity with the accessibility requirements covered by those standards or parts thereof set out in article 4 of that directive. (2) by implementing decision c(2017) 2585 (3) the commission made a request to the european committee for standardisation (cen), the european committee for electrotechnical standardisation (cenelec) and the european telecommunications standards institute (etsi) for the drafting of harmonised standard(s) based on en 301 549 v1.1.2 (2015-04) and including any necessary provisions needed to support the implementation of article 4 of directive (eu) 2016/2102. the en 301 549 v1.1.2 (2015-04) was the result of the commission standardisation mandate 376 (4) and already contained some provisions relevant for the accessibility of websites and mobile applications as well as of other ict products and services. (3) on the basis of the implementing decision c(2017) 2585, cen, cenelec and etsi have completed the work on the requested harmonised standard and delivered to the commission the harmonised european standard en 301 549 v2.1.2 (2018-08) setting out, inter alia, technical requirements on the accessibility of the websites and mobile applications. the harmonised european standard en 301 549 v2.1.2 (2018-08) contains, inter alia, a table which maps the relevant provisions from the standard to the accessibility requirements set out in article 4 of directive (eu) 2016/2102. (4) the commission, together with cen, cenelec and etsi, has assessed whether the relevant provisions of the harmonised european standard en 301 549 v2.1.2 (2018-08) delivered by cen, cenelec and etsi comply with the request set out in the implementing decision c(2017) 2585. (5) the relevant provisions of the harmonised european standard en 301 549 v2.1.2 (2018-08) satisfy the requirements which they aim to cover and which are set out in annex ii to implementing decision c(2017) 2585. it is therefore appropriate to publish the reference of that standard in the official journal of the european union. (6) compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in union harmonisation legislation from the date of publication of the reference of such standard in the official journal of the european union. this decision should therefore enter into force on the date of its publication, has adopted this decision: article 1 the reference to harmonised standard for websites and mobile applications drafted in support of directive (eu) 2016/2102 listed in the annex to this decision, is hereby published in the official journal of the european union. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. done at brussels, 20 december 2018. for the commission the president jean-claude juncker (1) oj l 316, 14.11.2012, p. 12. (2) directive (eu) 2016/2102 of the european parliament and of the council of 26 october 2016 on the accessibility of the websites and mobile applications of public sector bodies (oj l 327, 2.12.2016, p. 1). (3) commission implementing decision c(2017) 2585 of 27 april 2017 on a standardisation request to the european standardisation organisations in support of directive (eu) 2016/2102 of the european parliament and of the council on the accessibility of the websites and mobile applications of public sector bodies. (4) mandate 376, 7 december 2005 standardisation mandate to cen, cenelec and etsi in support of european accessibility requirements for public procurement of products and services in the ict domain. annex no reference of the standard 1. en 301 549 v2.1.2 (2018-08) accessibility requirements for ict products and services
name: commission implementing decision (eu) 2018/2030 of 19 december 2018 determining, for a limited period of time, that the regulatory framework applicable to central securities depositories of the united kingdom of great britain and northern ireland is equivalent in accordance with regulation (eu) no 909/2014 of the european parliament and of the council type: decision_impl subject matter: free movement of capital; europe; european construction; financial institutions and credit date published: 2018-12-20 20.12.2018 en official journal of the european union l 325/47 commission implementing decision (eu) 2018/2030 of 19 december 2018 determining, for a limited period of time, that the regulatory framework applicable to central securities depositories of the united kingdom of great britain and northern ireland is equivalent in accordance with regulation (eu) no 909/2014 of the european parliament and of the council the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 909/2014 of the european parliament and of the council of 23 july 2014 on improving securities settlement in the european union and on central securities depositories and amending directives 98/26/ec and 2014/65/eu and regulation (eu) no 236/2012 (1) and in particular article 25(9) thereof, whereas: (1) on 29 march 2017, the united kingdom of great britain and northern ireland (the united kingdom) submitted the notification of its intention to withdraw from the union pursuant to article 50 of the treaty on european union. the treaties will cease to apply to the united kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, i.e. from 30 march 2019, unless the european council, in agreement with the united kingdom, unanimously decides to extend that period. (2) as announced in the commission communication of 13 november 2018preparing for the withdrawal of the united kingdom from the european union on 30 march 2019: a contingency action plan (2) (the contingency action plan), a withdrawal without an agreement may pose risks in relation to certain services provided to union operators by central securities depositories (csds) that have already been authorised in the united kingdom (uk csds) and that cannot be replaced in the short-term. to prevent such risks, it is justified and in the interests of the union and its member states to ensure, for a limited period of time, that uk csds may continue to provide services in the union after 29 march 2019. (3) csds are instrumental to financial markets. the recording of securities in a book-entry system (notary services) and the maintenance of securities accounts at the top tier level (central maintenance services) increase transparency and protect investors, as they ensure the integrity of the issue and prevent undue duplication or reduction of securities. csds also operate securities settlement systems, which ensure that securities transactions are settled properly and in a timely manner. these functions are critical in the post-trade clearing and settlement process and as such essential to the financial stability of the union and its member states. securities settlement systems are essential also to monetary policy as they are closely involved in securing collateral for monetary policy operations. furthermore, market operators in ireland rely on the services of a uk csd with respect to corporate securities and exchange traded funds constituted under the domestic law of ireland. (4) from 30 march 2019, uk csds will be third-country csds and, as such, may only provide notary and central maintenance services in relation to financial instruments constituted under the law of a member state if they are recognised by the european securities and markets authority (esma) in accordance with article 25 of regulation (eu) no 909/2014. in the absence of the recognition of uk csds, union issuers may not use uk csds to record transferable securities constituted under such laws in book-entry form in a csd as required by article 3 of regulation (eu) no 909/2014. that situation may result in temporary challenges for issuers to fulfil their legal obligations. as announced in the contingency action plan, it is therefore necessary that, in that exceptional situation, the legal and supervisory arrangements governing uk csds are determined as equivalent for a strictly limited period of time and under specific conditions so that those csds may continue to provide notary and maintenance services in the union. (5) in accordance with article 25(9) of regulation (eu) no 909/2014, three conditions must be fulfilled in order to determine that the legal and supervisory arrangements of a third country regarding csds authorised therein are equivalent to those laid down in that regulation. (6) first, the legal and supervisory arrangements of a third country must ensure that csds in that third country comply with legally binding requirements which are in effect equivalent to the requirements laid down in regulation (eu) no 909/2014. until 29 march 2019, uk csds must comply with the requirements laid down in regulation (eu) no 909/2014. as part of the european union (withdrawal) act 2018, the united kingdom incorporated on 26 june 2018 the provisions of regulation (eu) no 909/2014 into united kingdom domestic law with effect from the date of the united kingdom's withdrawal from the union. (7) second, the legal and supervisory arrangements of the third country must ensure that csds established in the third country are subject to effective supervision, oversight and enforcement on an ongoing basis. until 29 march 2019, uk csds are under the supervision by the bank of england, as determined by united kingdom domestic law in accordance with regulation (eu) no 909/2014. as part of the incorporation of regulation (eu) no 909/2014 into united kingdom domestic law, the bank of england remains responsible for the supervision of csds and its supervisory, oversight and enforcement powers regarding csds will remain essentially unchanged. (8) third, the legal framework of the third country must provide for an effective equivalent system for the recognition of csds authorised under third-country legal regimes. this is ensured by the incorporation of the equivalence system in article 25 of regulation (eu) no 909/2014 into united kingdom domestic law. (9) the commission concludes that the legal and supervisory arrangements of the united kingdom applicable to uk csds on the day after its withdrawal from the union meet the conditions laid down in article 25(9) of regulation (eu) no 909/2014. (10) however, this decision is based on the legal and supervisory arrangements applicable to uk csds on the day after the withdrawal of the united kingdom from the union. those legal and supervisory arrangements should only be considered equivalent where the requirements applicable to csds in united kingdom domestic law are maintained and continue to be effectively applied and enforced on an ongoing basis. the effective exchange of information and coordination of supervisory activities between esma and the bank of england is therefore an essential condition for maintaining the determination of equivalence. (11) that exchange of information requires the conclusion of comprehensive and effective cooperation arrangements in accordance with article 25(10) of regulation (eu) no 909/2014. those cooperation arrangements should also ensure the possibility to share all relevant information with the authorities referred to in article 25(5) of regulation (eu) no 909/2014, including the european central bank and the other members of the european system of central banks, for the purpose of consulting those authorities about the recognised status of uk csds or where that information is necessary for those authorities to carry out their supervisory tasks. (12) in the event of the exceptional situation of the withdrawal of the united kingdom from the union without an agreement, and given the importance of uk csds to market operators in the union, cooperation arrangements established pursuant to article 25(10) of regulation (eu) no 909/2014 must ensure that esma has immediate access, on an ongoing basis, to all information requested by it. that information includes but is not limited to information allowing for the assessment of any material risks posed by uk csds to the union or its member states, either directly or indirectly. the cooperation arrangements should therefore specify the mechanism for the exchange of information between esma, the competent authorities of the member states in which a csd has a branch or provides csd services (the host member state) and the bank of england, including access to all information regarding uk csds that is requested by esma and in particular access to information requested by the competent authority in the host member state in the cases referred to in article 25(7) of regulation (eu) no 909/2014 regarding the periodic reporting on uk csds' activities in the host member state; the communication of the identity of the issuers and participants in the securities settlement system operated by uk csds or any other relevant information concerning uk csds' activities in the host member state; as well as the prompt notification of esma of any developments with regard to uk csds that could affect the monetary policy in the union and of any changes in the legal and or supervisory arrangements applicable to uk csds; the mechanism for prompt notification of esma where the bank of england deems a csd that it is supervising to infringe the conditions of its authorisation or of other applicable law; and the procedures concerning the coordination of supervisory activities including, where appropriate, on-site inspections. (13) the commission, in cooperation with esma, will monitor any changes introduced in the legal and supervisory arrangements affecting uk csds, market developments as well as the effectiveness of supervisory cooperation, including prompt information exchange between esma and the bank of england. the commission might undertake a review at any time, where relevant developments make it necessary for the commission to re-assess the equivalence granted by this decision, including where the terms of the cooperation arrangements concluded between esma and the bank of england are not respected or do not allow for an effective assessment of the risk that uk csds pose to the union or its member states. (14) in light of the uncertainties surrounding the future relationship between the united kingdom and the union, as well as their potential impact on the financial stability of the union and its member states and on the integrity of the single market, this decision should expire on 30 march 2021. the assessment contained in this decision is therefore without prejudice to any future assessment of the legal and supervisory arrangements of the united kingdom for csds and, as such, should not be relied upon beyond the purposes of this decision. (15) this decision should enter into force as a matter of urgency and should only apply from the day following that on which the treaties cease to apply to and in the united kingdom unless a withdrawal agreement concluded with the united kingdom has entered into force by that date or the two-year period referred to in article 50(3) of the treaty on european union has been extended. (16) the measures provided for in this decision are in accordance with the opinion of the european securities committee, has adopted this decision: article 1 for the purposes of article 25 of regulation (eu) no 909/2014, the legal and supervisory arrangements of the united kingdom of great britain and northern ireland consisting of the financial services and markets act 2000 and the european union (withdrawal) act 2018 applicable to central securities depositories already established and authorised in the united kingdom of great britain and northern ireland shall be considered to be equivalent to the requirements laid down in regulation (eu) no 909/2014. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. it shall apply from the date following that on which the treaties cease to apply to and in the united kingdom pursuant to article 50(3) of the treaty on european union. however, this decision shall not apply in any of the following cases: (a) a withdrawal agreement concluded with the united kingdom of great britain and northern ireland in accordance with article 50(2) of the treaty on european union has entered into force by that date; (b) a decision has been taken to extend the two year period referred to in article 50(3) of the treaty on european union. it shall expire on 30 march 2021. done at brussels, 19 december 2018. for the commission the president jean-claude juncker (1) oj l 257, 28.8.2014, p. 1 (2) com(2018)880 final
name: council decision (eu) 2018/2028 of 4 december 2018 establishing that no effective action has been taken by hungary in response to the council recommendation of 22 june 2018 type: decision subject matter: monetary economics; economic analysis; budget; europe; economic conditions; national accounts; economic policy date published: 2018-12-20 20.12.2018 en official journal of the european union l 325/29 council decision (eu) 2018/2028 of 4 december 2018 establishing that no effective action has been taken by hungary in response to the council recommendation of 22 june 2018 the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council regulation (ec) no 1466/97 of 7 july 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular article 10(2), fourth subparagraph, thereof, having regard to the recommendation from the european commission, whereas: (1) on 22 june 2018, the council decided in accordance with article 121(4) of the treaty on the functioning of the european union (tfeu) that a significant observed deviation from the adjustment path toward the medium-term budgetary objective of 1,5 % of gdp existed in hungary. (2) in view of the established significant deviation, the council on 22 june 2018 issued a recommendation (2) for hungary to take the necessary measures to ensure that the nominal growth rate of net primary government expenditure (3) does not exceed 2,8 % in 2018, corresponding to an annual structural adjustment of 1,0 % of gdp. it recommended that hungary use any windfall gains for deficit reduction, while budgetary consolidation measures should ensure a lasting improvement in the general government structural balance in a growth-friendly manner. the council established a deadline of 15 october 2018 for hungary to report on the action taken in response to that recommendation. (3) on 18 and 19 september 2018, the commission undertook an enhanced surveillance mission in hungary for the purpose of on-site monitoring under article 11(2) of regulation (ec) no 1466/97. after having transmitted its provisional findings to the hungarian authorities for comments, the commission reported its findings to the council on 21 november 2018. those findings were subsequently made public. the commission report finds that the hungarian authorities intend to maintain the 2018 headline deficit target of 2,4 % of gdp as set in the 2018 convergence programme and thus do not plan to act upon the council recommendation of 22 june 2018. (4) on 15 october 2018, the hungarian authorities submitted a report on action taken in response to the council recommendation of 22 june 2018 (4). in the report, the authorities reiterated that their target for 2018 remains a headline deficit of 2,4 % of gdp. compared to the budgetary projection in the 2018 convergence programme, the authorities expect significantly higher tax revenues and savings due to decreased co-financing costs of projects funded from the union budget. however, they plan additional expenditure that fully offsets the deficit-reducing effect of those developments. the reported new discretionary measures have no significant net fiscal impact on the budget outcome in 2018, thus falling short of the requirement stated in the council recommendation of 22 june 2018. (5) in 2018, based on the commission 2018 autumn forecast, the growth of government expenditure, net of discretionary revenue measures and one-offs, is projected at 7,0 %, well above the recommended reference rate of growth of 2,8 % (deviation of 1,6 % of gdp). the structural balance is set to deteriorate by 0,4 % of gdp against the recommended improvement of 1,0 % of gdp (deviation of 1,4 % of gdp). therefore, both pillars point to a deviation from the recommended adjustment by a wide margin. the reading of the expenditure benchmark is negatively affected by three elements, namely a lower-than-currently-estimated medium-term potential growth rate and gdp deflator underlying the expenditure benchmark as well as an indirect revenue effect of certain measures. after adjusting for these factors, the expenditure benchmark appears to adequately reflect the fiscal effort and still points to a deviation. the assessment of the structural balance leads to a similar result. the structural balance is negatively impacted by a revenue shortfall, but it is partly offset by the effect of a higher point estimate for potential gdp growth compared to the medium-term average underlying the expenditure benchmark. therefore the overall assessment confirms a deviation from the recommended adjustment by a wide margin. (6) the above findings lead to the conclusion that hungary's response to the council recommendation of 22 june 2018 has been insufficient. the fiscal effort falls short of ensuring that the nominal growth rate of net primary government expenditure does not exceed 2,8 % in 2018, which would correspond to an annual structural adjustment of 1,0 % of gdp, has adopted this decision: article 1 hungary has not taken effective action in response to the council recommendation of 22 june 2018. article 2 this decision is addressed to hungary. done at brussels, 4 december 2018. for the council the president h. l ger (1) oj l 209, 2.8.1997, p. 1. (2) council recommendation of 22 june 2018 with a view to correcting the significant observed deviation from the adjustment path toward the medium-term budgetary objective in hungary (oj c 223, 27.6.2018, p. 1). (3) net primary government expenditure is comprised of total government expenditure excluding interest expenditure, expenditure on union programmes fully matched by union funds revenue and non-discretionary changes in unemployment benefit expenditure. nationally financed gross fixed capital formation is smoothed over a four-year period. discretionary revenue measures or revenue increases mandated by law are factored in. one-off measures on both the revenue and expenditure sides are netted out. (4) https://ec.europa.eu/info/files/hungary-report-council-recommendations-under-significant-deviation-procedure_en
name: commission decision (eu) 2018/2022 of 17 december 2018 drawing up a list of qualified experts for the boards of appeal of the european union agency for railways (notified under document c(2018) 8561) type: decision subject matter: eu institutions and european civil service date published: 2018-12-19 19.12.2018 en official journal of the european union l 323/29 commission decision (eu) 2018/2022 of 17 december 2018 drawing up a list of qualified experts for the boards of appeal of the european union agency for railways (notified under document c(2018) 8561) (only the english text is authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) 2016/796 of the european parliament and of the council of 11 may 2016 on the european union agency for railways and repealing regulation (ec) no 881/2004 (1), and in particular article 55(3)(a) thereof, whereas: (1) regulation (eu) 2016/796 gives the european union agency for railways (the agency) power to take individual decisions in the fields of vehicle authorisation, safety certification and ensuring harmonised implementation of european railway traffic management system (ertms) trackside. it also establishes boards of appeal before which such individual decisions of the agency may be appealed. (2) the commission published a call for expressions of interest on 25 may 2018 on the website of the directorate-general for mobility and transport with a deadline for submission of the applications set at 30 june 2018. the commission received applications from 46 candidates. (3) the commission assessed those applications against the criteria specified in the call for expressions of interest. those included the criteria of eligibility, the criteria relating to technical and professional capacity, the knowledge requirements and the criteria for the disciplines subject to the agency's decision, namely vehicle authorisation, single safety certification and ertms. in order to avoid potential conflicts of interest, candidates who had worked in the agency in the previous two years were excluded from the selection procedure. following the assessment of the applications, 40 candidates were selected as qualified experts for the boards of appeal and placed on the list, has adopted this decision: article 1 the list of qualified experts for the boards of appeal of the agency is set out in the annex. article 2 this decision is addressed to the chairperson of the management board of the european union agency for railways. article 3 the directorate-general for mobility and transport shall inform the candidates of the issue of the selection procedure. done at brussels, 17 december 2018. for the commission violeta bulc member of the commission (1) oj l 138, 26.5.2016, p. 1. annex list of qualified experts for the boards of appeal of the european union agency for railways name (in alphabetical order) mr filip adamkiewicz mr ulrik bergman mr alain bertrand mr denis biasin mr daniele bozzolo mr angelo carlo chiappini ms monika chrapusta ms katarzyna chruzik ms carole coune mr gilles dalmas mr alessio gaggelli mr johannes gr ber ms marzena grabo -cha upczak mr luca maria granieri mr patrizio grillo mr joaquim jos martins guerra mr stefano guidi mr przemys aw ilczuk mr adam jab o ski mr marek jab o ski mr konstantinos kapetanidis mr philippe laluc mr dariusz liszewski ms joanna marcinkowska mr maciej michnej mr juha piironen mr witold porankiewicz mr frank bernhard ptok ms daniela randt mr renato re mr gabriele ridolfi ms friederike roer ms kaisa sainio mr jean-baptiste simonnet mr andreas thomasch mr ad toet ms une elina tyynil mr rob van der burg mr marcel verslype mr marcin zalewski
name: commission implementing decision (eu) 2018/1986 of 13 december 2018 establishing specific control and inspection programmes for certain fisheries and repealing implementing decisions 2012/807/eu, 2013/328/eu, 2013/305/eu and 2014/156/eu type: decision_impl subject matter: natural environment; fisheries; international law date published: 2018-12-14 14.12.2018 en official journal of the european union l 317/29 commission implementing decision (eu) 2018/1986 of 13 december 2018 establishing specific control and inspection programmes for certain fisheries and repealing implementing decisions 2012/807/eu, 2013/328/eu, 2013/305/eu and 2014/156/eu the european commission, having regard to the treaty on the functioning of the european union, having regard to council regulation (ec) no 1224/2009 of 20 november 2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy, amending regulations (ec) no 847/96, (ec) no 2371/2002, (ec) no 811/2004, (ec) no 768/2005, (ec) no 2115/2005, (ec) no 2166/2005, (ec) no 388/2006, (ec) no 509/2007, (ec) no 676/2007, (ec) no 1098/2007, (ec) no 1300/2008, (ec) no 1342/2008 and repealing regulations (eec) no 2847/93, (ec) no 1627/94 and (ec) no 1966/2006 (1), and in particular article 95 thereof, whereas: (1) regulation (ec) no 1224/2009 establishes rules for the control of all activities covered by the common fisheries policy carried out on the territory of member states or in union waters or by union fishing vessels or, without prejudice to the primary responsibility of the flag member state, by nationals of member states, and provides, in particular, that member states shall ensure that control, inspection and enforcement are carried out on a non-discriminatory basis as regards sectors, vessels or persons, and on the basis of risk management. (2) in accordance with article 95 of regulation (ec) no 1224/2009, the commission may, in concert with the member states concerned, adopt specific control and inspection programmes for specific fisheries and sea basins. (3) specific control and inspection programmes have been adopted by the commission for several sea basins and have been implemented by members states through joint deployment plans, with the european fisheries control agency (efca) assuring operational coordination of inspection activities in this frame. (4) the recent commission refit evaluation (2) found that specific control and inspection programmes are an efficient and effective tool for improving cooperation and exchange of information among member states. (5) the specific control and inspection programmes established under commission implementing decisions 2012/807/eu (3), 2013/328/eu (4), 2013/305/eu (5) expire on 31 december 2018. such programmes should also be provided for after that date to continue fostering cooperation and exchange of data among member states, as well as to promote level playing field in inspection and control activities across the union. (6) in order to simplify the adoption and ensure consistent implementation of the specific control and inspection programmes at union level, those specific control and inspections programmes should be gathered in one single decision. the reporting obligation of the member states should be revised, with the objective to align them to the new benchmarks and to reduce as much as possible the administrative burden. (7) in order to ensure coherence across sea basins, the specific control and inspection programme established under commission implementing decision 2014/156/eu (6) should be also revised, including the benchmarks and reporting obligations. (8) in accordance with article 95(2) of regulation (ec) no 1224/2009 the specific control and inspection programmes should state the scope, objectives and priorities as well as benchmarks for inspection activities. (9) in order to reflect recently adopted union fisheries conservation and management measures, the scope of the specific control and inspections programmes should be extended to certain additional stocks and fisheries. the scope should also include recreational fisheries for stocks covered by union conservation measures and fisheries managed by regional fisheries management organisations. it is also necessary to align the priorities of the specific control and inspection programmes with those of the common fisheries policy, in particular as regards the implementation of the landing obligation. (10) this decision should therefore cover certain fisheries in the baltic sea, the north sea, the western waters of north eastern atlantic, the eastern atlantic, the mediterranean sea and the black sea. (11) article 95(2) of regulation (ec) no 1224/2009 provides that the specific control and inspection programme benchmarks for inspections activities are to be established on the basis of risk management. for this purpose, and in order to provide for a coherent approach to controls and inspections within a sea basin and a level playing field for fisheries of different member states, a harmonised methodology for the risk assessment should be used. the harmonised methodology should be established by the member states in cooperation with efca and should be based on possible threats of non-compliance with the rules of the common fishery policy. (12) member states should communicate the results of their risk assessment to efca. efca should use this information when coordinating the risk assessment at regional level. (13) efca should establish a regional risk management strategy which shall be implemented through a joint deployment plan as defined in article 2(c) of council regulation (ec) no 768/2005 (7). (14) in accordance with article 95(4) of regulation (ec) no 1224/2009 member states should adopt the necessary measures to ensure the implementation of the specific control and inspection programme, particularly as regards the required human and material resources and the periods and zones where these are to be deployed. (15) joint inspection and surveillance activities between the member states concerned should be carried out, where applicable, in accordance with joint deployment plans established by the efca so as to enhance uniformity of control, inspection and surveillance practices and to coordinate control, inspection and surveillance activities between the competent authorities of those member states. (16) the target benchmarks determining the intensity of control and inspection activities should be set for the fishing vessels in the high and very high risk fleet segments in all concerned member states. all target benchmarks should be assessed taking into account the yearly evaluation performed by member states. member states should be entitled to use alternative target benchmarks expressed in terms of improved compliance levels. (17) exchange of information between competent authorities of member states and with efca concerning vessel monitoring system data, data from the electronic reporting system including fishing activity reports, prior notifications, landing and transhipment declarations and sales notes, inspection and surveillance data, including inspection and observer reports and infringement reports and the processing of personal data is necessary for implementation of the specific control and inspection programmes, joint deployment plans and joint inspection and surveillance activities. it should be ensured at all times and at all levels that the obligations on personal data protection laid down in regulations (eu) 2016/679 (8) and (eu) 2018/1725 of the european parliament and of the council (9), and, where applicable, the provisions of the member states transposing directive (eu) 2016/680 of the european parliament and of the council (10) are respected. (18) personal data processed for the purpose of implementing the specific control and inspection programmes should not be stored for a period exceeding 10 years. this period will allow the member states competent authorities and efca to complete their duties concerning the follow-up, the reporting and evaluation of the specific control and inspection programmes. as regards the data necessary for the follow-up of inspections such as enquiries, infringements, judicial or administrative proceedings, a specific longer retention period of 20 years is necessary due to the length of such processes and the need for those data to be used until the end of such processes. in addition, where the data is used for scientific purposes and for providing scientific advice, the retention period should be extended to allow for the long-term scientific monitoring and assessment of marine biological resources. (19) member states should prepare and send to the commission yearly reports on the implementation of the specific control and inspection programmes. the commission should use these reports to assess the implementation of the specific control and inspection programmes and to evaluate, their adequacy and effectiveness. such assessment may serve as the basis for the review of the specific inspection and control programmes. (20) the measures provided for in this decision are in accordance with the opinion of the committee for fisheries and aquaculture, has adopted this decision: article 1 subject matter 1. this decision establishes specific control and inspection programmes for: (a) fisheries exploiting stocks or species covered by multiannual plans referred to in articles 9 and 10 of regulation (eu) no 1380/2013 of the european parliament and of the council (11) and plans adopted in accordance with article 18 of that regulation as well as by other union measures adopted pursuant to article 43(3) of the treaty and providing for quantitative limitations and allocation of fishing opportunities; (b) fisheries exploiting species under the landing obligation pursuant to article 15 of the regulation (eu) no 1380/2013; (c) certain fisheries exploiting stocks or species subject to conservation and management measures adopted by regional fisheries management organizations, as set out in annexes i to v. 2. the specific control and inspection programmes are set out in annexes i to v and shall be implemented by the member states referred to in those annexes (member states concerned). article 2 scope the specific control and inspection programmes shall cover the following activities: (a) fishing activities within the meaning of article 4(1) of regulation (ec) no 1224/2009 in the areas referred to in annexes i to v of this decision (areas concerned); (b) fishing related activities, including weighing, processing, marketing, transport and storage of fisheries products; (c) importation and indirect importation as defined in article 2(11) and article 2(12) of council regulation (ec) no 1005/2008 (12), for fisheries covered in annex i; (d) exportation and re-exportation as defined in article 2(13) and article 2(14) of regulation (ec) no 1005/2008, for fisheries covered in annex i; (e) recreational fisheries as defined in article 4(28) of regulation (ec) no 1224/2009, when subject to union conservation measures and when specified in the relevant annex; (f) emergency measures pursuant to article 108 of regulation (ec) no 1224/2009 and commission measures in case of a serious threat to marine biological resources in accordance with article 12 of regulation (eu) no 1380/2013. article 3 objectives 1. the specific control and inspection programmes shall ensure a uniform and effective implementation of the conservation and control measures applicable to stocks and fisheries referred to in annexes i to v. 2. control and inspection activities carried out under each specific control and inspection programme shall in particular aim at ensuring compliance with the following provisions: (a) fishing opportunities management and any specific conditions associated therewith, including the monitoring of quota uptake, effort regime and technical measures applied in the areas concerned; (b) reporting obligations applicable to fishing activities, in particular the reliability of the information recorded and reported; (c) the obligation to land all catches of species subject to the landing obligation pursuant to regulation (eu) no 1380/2013, and the measures to reduce discarding provided for in title iiia of council regulation (ec) no 850/98 (13); (d) the special rules for weighing of certain pelagic species provided for in articles 78 to 89 of commission implementing regulation (eu) no 404/2011 (14); (e) specific provisions approved by regional fisheries management organizations regarding the stocks and the areas concerned by this decision. article 4 priorities 1. the member states concerned shall carry out control and inspection with respect to fishing activities and fishing related activities regarding the different stocks and area(s) referred to in annexes i to v to this decision on the basis of risk management, in accordance with article 5(4) of regulation (ec) no 1224/2009 and article 98 of implementing regulation (eu) no 404/2011. 2. each member state concerned shall attribute a level of priority for control and inspections on the basis of the results of the risk assessment carried out in accordance with the procedures laid down in article 5. 3. each fishing vessel and/or fleet segment as referred to in article 5(2)b shall be subject to control and inspections according to the level of priority attributed pursuant to paragraph 2, ensuring that all the stocks of the fisheries listed in annexes i to v are adequately covered. 4. inspections ashore of operators engaged in fishing related activities shall be conducted when relevant in relation to the step in the fishery/marketing chain and when part of the risk management strategy as referred in article 6. article 5 procedures for risk assessment and relation with joint deployment plans 1. the member states concerned shall assess, at least once a year, risks with regard to the fisheries listed in annexes i to v in accordance with the harmonised methodology established by the member states in cooperation with the european fisheries control agency (efca), and based on possible threats of non-compliance with the rules of the common fishery policy. 2. the risk assessment methodology referred to in paragraph 1 shall provide that the member states: (a) consider, using all available and relevant information, how likely a non-compliance is to happen and, if it were to happen, its potential impact(s); (b) establish the level of risk by stocks, gear, area covered (referred to as fleet segment) and time of the year, based on likelihood and potential impact. the estimated risk level shall be expressed as very high, high, medium, low. 3. in the framework of a joint deployment plan established by efca in accordance with regulation (ec) no 768/2005 (joint deployment plan) each member state concerned shall communicate to efca the results of its risk assessment. the identified type of possible non-compliance (threats) with the applicable rules on the common fishery policy shall be outlined to facilitate programming the risk management strategy referred to in article 6. member states shall immediately communicate to efca any changes in the estimated level of risks. 4. efca shall use the information received from member states when coordinating the risk assessment at regional level. 5. the member states concerned shall establish a list of their vessels indicating, at least the medium-, high- and very high risk vessels. the list of vessels shall be regularly updated taking into consideration the information collected during control and inspection activities, including joint control and inspection and any relevant information provided by other member states. 6. in cases where a fishing vessel flying the flag of a member state which is not a member state concerned, or a third country fishing vessel, operates in the areas concerned the level of risk pursuant to paragraph 5 shall be determined by the coastal member state in whose waters the fishing vessel is operating, unless the flag state authorities provide, in the framework of article 8 of this decision, the level of that risk. 7. in the framework of a joint deployment plan and for operational reasons the member states concerned shall communicate to efca the list of vessels established pursuant to paragraphs 5 and 6. the identified type of threats applicable to the vessels shall be outlined to facilitate effective control and inspection activities. the member states concerned shall immediately inform efca of any changes following the update of their list. article 6 national and regional risk management strategies 1. on the basis of the results of the risk assessments each member state concerned shall establish at least once a year a national risk management strategy focused on ensuring compliance with the rules of the common fisheries policy. such strategy shall encompass the identification, description and allocation of appropriate resources, control instruments and inspection means, taking into account the identified level of risks, the nature of threat of non-compliance with the rules of the common fishery policy, and the achievement of the target benchmarks. 2. efca, on the basis of the regional risk assessment referred to in article 5(4) of this decision, shall establish a regional risk management strategy, as referred to in paragraph 1 of this article. efca shall coordinate and implement this regional risk management strategy through a joint deployment plan. article 7 target benchmarks 1. without prejudice to the target benchmarks defined in point 4 of annex i to regulation (ec) no 1224/2009 and in article 9(1) of regulation (ec) no 1005/2008, the target benchmarks for inspections of fishing vessels are set out in point 4 respectively of annexes i to v to this decision. 2. by way of derogation from paragraph 1, member states may apply alternatively different target benchmarks, expressed in terms of improved compliance levels according to the harmonised methodology established in cooperation with the efca, in order to fulfil the objectives set in article 3 of this decision, provided that: (a) detailed analysis of the fishing activities or fishing related activities and enforcement related issues justifies the need for setting target benchmarks in the form of improved compliance levels; (b) the member states concerned define the control and inspection effort as well as the strategy to achieve the outcomes expected with the improved compliance levels; (c) the benchmarks expressed in terms of improved compliance levels do not negatively impact objectives, priorities and risk-based procedures defined by the specific control and inspection programmes; (d) the benchmarks expressed in terms of improved compliance levels are notified to the commission at the latest one year after entry into force of this decision and subsequently every 2 years, and this latter does not object to them within 90 days of the notification. 3. all target benchmarks shall be assessed annually on the basis of the evaluation reports referred to in article 11(1) and, where appropriate, revised accordingly in the framework of the evaluation provided for in article 11(6). 4. where applicable, a joint deployment plan shall give effect to target benchmarks referred to in this article. article 8 cooperation between member states and with third countries 1. the member states concerned shall cooperate in the implementation of the specific control and inspection programmes. 2. where appropriate, all other member states shall cooperate with the member states concerned and efca to achieve the objectives of the joint deployment plans. 3. the member states concerned and efca may cooperate with the competent authorities of third countries for the implementation of the specific control and inspection programmes. article 9 joint inspections and surveillance activities 1. for the purpose of increasing the efficiency and effectiveness of their national fisheries control systems, the member states concerned shall where appropriate undertake joint inspection and surveillance activities on their territory and in waters under their jurisdiction and where applicable in international waters. without prejudice to article 5(1) of regulation (ec) no 1224/2009, where applicable, such activities shall be carried out in the framework of joint deployment plans as referred to in article 9(1) of regulation (ec) no 768/2005. 2. for the purpose of joint inspection and surveillance activities, each member state concerned shall: (a) ensure that officials and union inspectors from other member states concerned are invited to participate in joint inspection and surveillance activities; (b) establish joint operational procedures applicable to their surveillance crafts; (c) use standard procedures for inspections agreed with efca in the framework of a joint deployment plan; (d) designate contact points as referred to in article 80(5) of regulation (ec) no 1224/2009, where appropriate. 3. officials of the member states concerned and union inspectors may participate in joint inspection and surveillance activities. article 10 exchange of data 1. for the purpose of implementing the specific control and inspection programmes, each member state concerned shall ensure the electronic exchange with other member states concerned and efca of data related to fishing activities and fishing related activities covered by the specific control and inspection programmes. the exchange of data referred to in the first subparagraph shall be in accordance with article 111 of regulation (ec) no 1224/2009 and with article 118 of and annex xii to implementing regulation (eu) no 404/2011. 2. data exchanged pursuant to paragraph 1 may include personal data. efca and member states may process personal data to which they have access pursuant to paragraph 1 for the purposes of complying with their tasks and obligations under the specific control and inspection programmes. efca and member states shall take, in accordance with article 5 of regulation (eu) 2016/679 and article 4 of regulation (eu) 2018/1725, measures to ensure appropriate protection of personal data. 3. personal data contained in the information exchanged pursuant to paragraph 1 shall not be stored for a period longer than 10 years, except if such personal data is necessary to allow the follow up of an infringement, an inspection, or judicial or administrative proceedings. in this case, such personal data may be stored for 20 years. if personal data contained in the information exchanged pursuant to paragraph 1 is retained for a longer period of time, the data shall be anonymised. 4. by way of derogation from paragraph 3, personal data contained in the information exchanged pursuant to paragraph 1 may be stored for a period exceeding the periods set in paragraph 3 solely for the purpose of performing scientific research and providing scientific advice in line with article 89 of regulation (eu) 2016/679. 5. member states shall process personal data collected pursuant to this decision in accordance with article 4(7) of regulation (eu) 2016/679. 6. efca and the member state authorities shall ensure the security of the processing of personal data that takes place pursuant to this decision. efca and the member state authorities shall cooperate on security-related tasks. 7. efca and member states shall take measures to ensure appropriate protection of the confidentiality of the information received pursuant to this decision in accordance with article 113 of regulation (ec) no 1224/2009. article 11 information and evaluation 1. each member state shall, by 31 march of each year, send to the commission and to the efca a report concerning the control and inspection activities carried out under the specific control and inspection programmes of the preceding calendar year. 2. the report referred to in paragraph 1 shall at least include the information listed in annex vi. 3. the information referred to in point iv of annex vi shall continue to be listed and be updated in each report until the action is concluded under the laws of the member state concerned. where no action is taken following the detection of a serious infringement, an explanation shall be included. 4. for fisheries referred to in annex i, the information referred to in point iv of annex vi shall be transmitted by electronic means to the commission and to the efca by 15 september and shall be updated by 31 march of the following year. 5. efca, for its annual assessment of the effectiveness of joint deployment plans referred to in article 14 of regulation (ec) no 768/2005, shall take into consideration the reports referred to in paragraph 1 of this article. 6. the commission shall convene at least every two years a meeting of the committee for fisheries and aquaculture to assess the implementation and evaluate the adequacy and effectiveness of the specific control and inspection programmes and their overall impact on compliance by fishing vessels and operators. article 12 repeal and transition period without prejudice to the second paragraph of this article, implementing decisions 2012/807/eu, 2013/328/eu, 2013/305/eu and 2014/156/eu are repealed. however, implementing decisions 2012/807/eu, 2013/328/eu, 2013/305/eu and 2014/156/eu shall continue to apply for the report to be submitted by the member states in 2019 concerning the control and inspection activities carried out in 2018. article 13 entry into force this decision shall enter into force on third day following that of its publication in the official journal of the european union. it shall apply from 1 january 2019. done at brussels, 13 december 2018. for the commission the president jean-claude juncker (1) oj l 343, 22.12.2009, p. 1. (2) com(2017) 192 final, http://eur-lex.europa.eu/legal-content/en/txt/?uri=com:2017:192:fin. (3) commission implementing decision 2012/807/eu of 19 december 2012 establishing a specific control and inspection programme for pelagic fisheries in western waters of the north east atlantic (oj l 350, 20.12.2012, p. 99). (4) commission implementing decision 2013/328/eu of 25 june 2013 establishing a specific control and inspection programme for fisheries exploiting cod, plaice and sole in the kattegat, the north sea, the skagerrak, the eastern channel, the waters west of scotland and the irish sea (oj l 175, 27.6.2013, p. 61). (5) commission implementing decision 2013/305/eu of 21 june 2013 establishing a specific control and inspection programme for fisheries exploiting cod, herring, salmon and sprat in the baltic sea (oj l 170, 22.6.2013, p. 66). (6) commission implementing decision 2014/156/eu of 19 march 2014 establishing a specific control and inspection programme for fisheries exploiting stocks of bluefin tuna in the eastern atlantic and the mediterranean, swordfish in the mediterranean and for fisheries exploiting stocks of sardine and anchovy in the northern adriatic sea (oj l 85, 21.3.2014, p. 15). (7) council regulation (ec) no 768/2005 of 26 april 2005 establishing a community fisheries control agency and amending regulation (eec) no 2847/93 establishing a control system applicable to the common fisheries policy (oj l 128, 21.5.2005, p. 1). (8) regulation (eu) 2016/679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/ec (general data protection regulation) (oj l 119, 4.5.2016, p. 1). (9) regulation (eu) 2018/1725 of the european parliament and of the council of 23 october 2018 on the protection of natural persons with regard to the processing of personal data by the union institutions, bodies, offices and agencies and on the free movement of such data, and repealing regulation (ec) no 45/2001 and decision no 1247/2002/ec (oj l 295, 21.11.2018, p. 39). (10) directive (eu) 2016/680 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing council framework decision 2008/977/jha (oj l 119, 4.5.2016, p. 89). (11) regulation (eu) no 1380/2013 of the european parliament and of the council of 11 december 2013 on the common fisheries policy, amending council regulations (ec) no 1954/2003 and (ec) no 1224/2009 and repealing council regulations (ec) no 2371/2002 and (ec) no 639/2004 and council decision 2004/585/ec (oj l 354, 28.12.2013, p. 22). (12) council regulation (ec) no 1005/2008 of 29 september 2008 establishing a community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending regulations (eec) no 2847/93, (ec) no 1936/2001 and (ec) no 601/2004 and repealing regulations (ec) no 1093/94 and (ec) no 1447/1999 (oj l 286, 29.10.2008, p. 1). (13) council regulation (ec) no 850/98 of 30 march 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (oj l 125, 27.4.1998, p. 1). (14) commission implementing regulation (eu) no 404/2011 of 8 april 2011 laying down detailed rules for the implementation of council regulation (ec) no 1224/2009 establishing a community control system for ensuring compliance with the rules of the common fisheries policy (oj l 112, 30.4.2011, p. 1). annex i details on the specific control and inspection programme for fisheries exploiting iccat (1) species in the eastern atlantic and the mediterranean sea and for certain demersal and pelagic fisheries in the mediterranean sea (1) this specific control and inspection programme shall cover the geographical areas defined as follows: (a) eastern atlantic means international council for the exploration of the seas (ices (2)) subareas vii, viii, ix, x as defined in annex iii to regulation (ec) no 218/2009 and fao (3) division 34.1.2; (b) mediterranean means fao subareas 37.1, 37.2 and 37.3 or geographical sub-areas 1 to 27 as defined in annex i to regulation (eu) no 1343/2011 of the european parliament and of the council (4); (c) northern adriatic and southern adriatic means the geographical subareas 17 and 18 as defined in annex i to regulation (eu) no 1343/2011; (d) strait of sicily means the geographical sub-areas 12, 13, 14, 15, and 16, as defined in annex i to regulation (eu) no 1343/2011; (2) the member states concerned are croatia, cyprus, france, greece, italy, malta, portugal, slovenia and spain. (3) the following fisheries shall be considered: fisheries (including recreational) exploiting stocks of bluefin tuna in the eastern atlantic and the mediterranean sea; fisheries (including recreational) exploiting swordfish in the mediterranean; fisheries exploiting albacore in the mediterranean; fisheries exploiting sardine and anchovy in the northern and southern adriatic sea; fisheries exploiting european hake and deep-water rose shrimp in the strait of sicily; fisheries exploiting deep-sea shrimps in the levant and ionian sea; fisheries exploiting european eel of the species anguilla anguilla in union waters of the mediterranean; fisheries exploiting species under the landing obligation pursuant to article 15 of regulation (eu) no 1380/2013. (4) target benchmarks for inspections the following benchmarks shall be implemented by the member states specified in point 2 of this annex. (a) inspections activities at sea; on a yearly basis at least 60 % of total inspections at sea (excluding aerial surveillance) shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered. (b) inspections at landing (inspections in ports and before first sale); on a yearly basis at least 60 % of total inspections at landing shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered. (c) inspections in traps and farming installations related to fisheries exploiting stocks of bluefin tuna in the eastern atlantic and the mediterranean sea; on a yearly basis 100 % of caging and transfer operations at traps and farm installations, including release of fish, shall be inspected. (1) international commission for the conservation of atlantic tunas (2) ices (international council for the exploration of the sea) zones are as defined in regulation (ec) no 218/2009 of the european parliament and of the council of 11 march 2009 on the submission of nominal catch statistics by member states fishing in the north- east atlantic (oj l 87, 31.3.2009, p. 70). (3) un food and agriculture organisation (4) regulation (eu) no 1343/2011 of the european parliament and of the council of 13 december 2011 on certain provisions for fishing in the gfcm (general fisheries commission for the mediterranean) agreement area and amending council regulation (ec) no 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the mediterranean sea (oj l 347, 30.12.2011, p. 44). annex ii details on the specific control and inspection programme for certain fisheries in the black sea (1) this specific control and inspection programme shall cover the geographical areas defined as follows: union waters of black sea where black sea means the gfcm (general fisheries commission for the mediterranean) geographical sub-area 29 as defined in annex i to regulation (eu) no 1343/2011; (2) the member states concerned are bulgaria and romania. (3) the following fisheries shall be considered: fisheries exploiting turbot in the black sea; fisheries exploiting species under the landing obligation pursuant to article 15 of regulation (eu) no 1380/2013. (4) target benchmarks for inspections the following benchmarks shall be implemented by the member states specified in point 2 of this annex. (a) inspections activities at sea; on a yearly basis at least 60 % of total inspections at sea (excluding aerial surveillance) shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered. (b) inspections at landing (inspections in ports and before first sale); on a yearly basis at least 60 % of total inspections at landing shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered. annex iii details on the specific control and inspection programme for certain pelagic and demersal fisheries in the baltic sea (1) this specific control and inspection programme shall cover the geographical areas defined as follows: union waters of the baltic sea, where baltic sea means ices zones iiib, iiic and iiid; (2) the member states concerned are denmark, estonia, finland, germany, latvia, lithuania, poland, and sweden. (3) the following fisheries shall be considered: fisheries exploiting cod (including recreational fisheries in subdivisions 22-24), herring, salmon, sprat; fisheries exploiting european eel of the species anguilla anguilla in union waters of the baltic sea; fisheries exploiting species under the landing obligation pursuant to article 15 of regulation (eu) no 1380/2013. (4) target benchmarks for inspections the following benchmarks shall be implemented by the member states specified in point 2 of this annex. (a) inspections activities at sea; on a yearly basis at least 60 % of total inspections at sea (excluding aerial surveillance) shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered. (b) inspections at landing (inspections in ports and before first sale); on a yearly basis at least 60 % of total inspections at landing shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered. annex iv details on the specific control and inspection programme for certain demersal and pelagic fisheries in the north sea and in ices division iia (1) this specific control and inspection programme shall cover the geographical areas defined as follows: union waters of the north sea where north sea means ices zones iiia and iv; union waters of ices division iia. (2) the member states concerned are belgium, denmark, germany, ireland, france, the netherlands, sweden, and the united kingdom. (3) the following fisheries shall be considered: fisheries exploiting mackerel, herring, horse mackerel, blue whiting, argentine, sprat; sand eel and norway pout; cod, haddock, whiting, saithe, norway lobster, sole, plaice, hake, northern prawn; fisheries exploiting european eel of the species anguilla anguilla; fisheries exploiting species under the landing obligation pursuant to article 15 of regulation (eu) no 1380/2013. (4) target benchmarks for inspections the following benchmarks shall be implemented by the member states specified in point 2 of this annex. (a) inspections activities at sea; on a yearly basis at least 60 % of total inspections at sea (excluding aerial surveillance) shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered. (b) inspections at landing (inspections in ports and before first sale); on a yearly basis at least 60 % of total inspections at landing shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered. annex v details on the specific control and inspection programme for certain demersal and pelagic fisheries in western waters of the north-east atlantic (1) this specific control and inspection programme shall cover the geographical areas defined as follow: union waters of the western waters of the north east atlantic, where western waters of the north east atlantic means: ices zones v (excluding va and only union waters of vb), vi and vii, viii, ix and x (waters around azores), and cecaf zones (1) 34.1.1, 34.1.2 and 34.2.0 (waters around madeira and the canary islands). (2) the member states concerned are belgium, denmark, estonia, france, germany, ireland, latvia, lithuania, the netherlands, poland, portugal, spain and the united kingdom. (3) the following fisheries shall be considered: fisheries exploiting stocks of mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine and sprat in union waters of ices sub-areas v, vi, vii, viii and ix and in union waters of cecaf 34.1.11; fisheries exploiting stocks of hake which inhabits the ices division vb (union waters), via (union waters), ices subarea vii and ices divisions viii a, b, d, e (usually referred as northern hake stock); fisheries exploiting stocks which inhabits divisions viiic and ixa, as delineated by the international council for the exploration of the sea (usually referred as the southern hake stock); the norway lobster stock which inhabits ices division viiic and ixa; fisheries exploiting sole stock in ices divisions viiia, viiib and viie (2); fisheries exploiting cod, sole, plaice in the union waters of ices zones via, viia and viid; fisheries exploiting european eel of the species anguilla anguilla in union waters of ices areas vi, vii, viii and ix; fisheries exploiting species under the landing obligation pursuant to article 15 of regulation (eu) no 1380/2013. (4) target benchmarks for inspections the following benchmarks shall be implemented by the member states specified in point 2 of this annex. (a) inspections activities at sea; on a yearly basis at least 60 % of total inspections at sea (excluding aerial surveillance) shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered. (b) inspections at landing (inspections in ports and before first sale); on a yearly basis at least 60 % of total inspections at landing shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered. (1) cecaf (eastern central atlantic or fao major fishing zone 34) zones are as defined in regulation (ec) no 216/2009 of the european parliament and of the council of 11 march 2009 on the submission of nominal catch statistics by member states fishing in certain areas other than those of the north atlantic (oj l 87, 31.3.2009, p. 1). (2) pending the results of ongoing proposals for regulations of the european parliament and of the council establishing multi-annual plans for the management of demersal fisheries in western eu waters. annex vi content of the evaluation report evaluation reports shall at least contain the following information: i. general analysis of control, inspection and enforcement activities carried out the member states concerned shall report the following information by sea basin according to annexes i to v: results of the risk assessment, with description of risks and threats identified by the concerned member state for the fisheries covered by the specific control and inspection programmes (providing information on the review/update process where appropriate); summary table of the fleet segments identified and their risk level; detailed content of the risk management strategy. ii. detailed analysis of control, inspection and enforcement activities carried out the member states concerned shall report the following information by sea basin according to annexes i to v. table 1 summary data of inspections at sea patrol days [days] no of total inspections at sea no of total suspected serious infringements no of inspections at sea on fishing vessels in the highest risk fleet segment categories no of inspections at sea on fishing vessels in the second highest risk fleet segment categories no of inspections at sea on fishing vessels in others than the highest and second highest risk fleet segment categories no of suspected serious infringements for fishing vessels in the highest risk fleet segment categories no of suspected serious infringements for fishing vessels in the second highest risk fleet segment categories no of suspected serious infringements for fishing vessels in others than the highest and second highest risk fleet segment categories total serious infringement rate (*1) average [%] serious infringement rate (*1) for fishing vessels in the highest fleet segment risk categories [%] serious infringement rate (*1) for fishing vessels in the second highest fleet segment risk categories [%] serious infringement rate (*1) for fishing vessels in others than the highest and second highest fleet segment risk categories [%] table 2 summary data of surveillance at sea number of aerial surveillance (hours) no of total sightings from aerial surveillance no of total sightings from patrol vessels no of total suspected serious infringements no of suspected serious infringements for fishing vessels in the highest risk fleet segment categories no of suspected serious infringements for fishing vessels in the second highest risk fleet segment categories no of suspected serious infringements for fishing vessels in others than the highest and second highest risk fleet segment categories table 3 summary data of inspection activities at landing (inspections in ports and before first sale) inspection men/days [optional] no of total inspections at landing no of total suspected serious infringements no of inspections on fishing vessels in the highest risk fleet segment categories no of inspections on fishing vessels in the second highest risk fleet segment categories no of inspections on fishing vessels in others than the highest and second highest risk fleet segment categories no of suspected serious infringements for fishing vessels in the highest risk fleet segment categories no of suspected serious infringements for fishing vessels in the second highest risk fleet segment categories no of suspected serious infringements for fishing vessels in others than the highest and second highest risk fleet segment categories serious infringement rate (*2) average (total) serious infringement rate (*2) for fishing vessels in the highest risk fleet segment categories serious infringement rate (*2) for fishing vessels in the second highest risk fleet segment categories serious infringement rate (*2) for fishing vessels in others than the highest and second highest fleet segment risk categories [%] table 4 summary data of inspection activities ashore on operators (excluding the inspections in ports and before first sale reported in table 3) inspection men/days ashore [optional] no of total inspections ashore no of total suspected serious infringements serious infringement rate (*3) iii. control of the landing obligation member states shall provide specific details on the resources, instruments and means provided for the control of the landing obligation, and the results of the control. in particular, at least the following information should be provided: 1. total number of vessels with control observer on board; 2. number of vessels equipped with close-circuit television cctv; 3. number of sea inspections carried out with last haul analysis; 4. means of control used other than those listed in points 1 to 3, specifying which other means of control are used (e.g. aerial surveillance by aircrafts, rem, drone); 5. total number of infringements of the landing obligation, specifying the number of those related to non-compliance with provisions in relevant discard plans. iv. periodical information on detected infringements table 5 format for the communication of the information to be provided according to article 11 for each inspection with suspected infringement to be included in the report: element name code description and content identification of inspection ii iso alpha2 country code + 9 digits, e.g. dk201900001 date of inspection da yyyy-mm-dd type of inspection or control it sea, landing, transport, first sale, storage, marketing, transfer, control transfer, caging, transhipment, release, document (to be indicated) identification of each fishing vessel, vehicle or operator id union fleet register number and name of the fishing vessel, iccat registration no (if applicable) traps or vehicle identification, and/or company name of the operator, including farm installations. fishing gear type ge gear code based on fao's international standard statistical classification of the fishing gear type of suspected infringement ts description of the infringement with indication of the provision(s) concerned. if applicable, indicate type of infringement detected, using the following codes: for serious infringements: code 1 to 12 in reference to the number (left column) in the annex xxx of implementing regulation (eu) no 404/2011, code 13, 14 and 15 in reference to article 90(1)(a), (b) and (c) of the control regulation respectively, code a to p in reference to the annex viii of regulation (eu) 2016/1627 of the european parliament and the council (1), for infringements that do not fall under eu regulation code 99. infringements related to legislation adopted by rfmos and transposed into eu law shall be identified by the relevant provision and regulation that has been violated. amount of fish concerned and related to the infringement, by species af indicate the quantities concerned of each one of the species on board or (for live bft) in the cage (for bft: weight and numbers). state of play follow up fu indicate state of play: pending, appeal pending, confirmed or dismissed fine (when available) sf fine in eur confiscation sc catch/gear/other for physical confiscation. amount confiscated in case of value of catch/gear in eur, e.g. 10 000 ; other so in case of withdrawal of license/authorisation, indicate li or au + number of days, e.g. au30 points (when available) sp number of points assigned in accordance with article 126(1) of implementing regulation (eu) no 404/2011, e.g. 12; remarks rm in case of no action taken, following detection of a serious infringement, explanation why in free text. v. analysis of target benchmarks expressed in terms of improved compliance levels if the member state applies alternative target benchmarks as referred to in article 7(2) of this decision, the following information shall be reported: table 6 achievement of improved compliance levels level of risk [very high/high/medium/low] description of the activity threat/risk/fleet segment level of the threat/risk at the beginning of the year, expressed in compliance level target improvement of the compliance level level of the threat/risk at the end of the year, expressed in compliance level no of inspections per threat/risk no of serious infringements detected per threat/risk, including serious infringements rate and trend (by comparison with two previous years) proportion of inspections on fishing vessels/operators resulting in one or more serious infringements ex post analysis, including evaluation of the deterrent effect and explanation in case the target compliance level has not been reached vi. analysis of other inspection and control activities: transhipment, aerial surveillance, importation/exportation vii. actions such as training or information sessions designed to have an impact on compliance by fishing vessels and operators viii. proposal(s) for improving effectiveness of control, inspection and enforcement activities (for each member state concerned) (*1) the infringement rate shall be intended as the ratio between the no of suspected infringement and the no inspections, expressed in % (*2) the infringement rate shall be intended as the ratio between the no of suspected infringement and the no inspections, expressed in % (*3) the infringement rate shall be intended as the ratio between the no of suspected infringement and the no inspections, expressed in % (1) regulation (eu) 2016/1627 of the european parliament and of the council of 14 september 2016 on a multiannual recovery plan for bluefin tuna in the eastern atlantic and the mediterranean and repealing council regulation (ec) no 302/2009 (oj l 252, 16.9.2016, p. 1).
name: commission implementing decision (eu) 2018/1983 of 26 october 2018 amending annexes i and ii to decision 2003/467/ec as regards the declaration of certain regions of italy as officially tuberculosis-free and officially brucellosis-free in relation to bovine herds (notified under document c(2018) 6981) (text with eea relevance.) type: decision_impl subject matter: regions of eu member states; agricultural policy; trade policy; agricultural activity; europe; means of agricultural production date published: 2018-12-14 14.12.2018 en official journal of the european union l 317/22 commission implementing decision (eu) 2018/1983 of 26 october 2018 amending annexes i and ii to decision 2003/467/ec as regards the declaration of certain regions of italy as officially tuberculosis-free and officially brucellosis-free in relation to bovine herds (notified under document c(2018) 6981) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 64/432/eec of 26 june 1964 on animal health problems affecting intra-community trade in bovine animals and swine (1), and in particular paragraph 4 of annex a.i and paragraph 7 of annex a.ii thereto, whereas: (1) directive 64/432/eec applies to trade within the union in bovine animals. it lays down the conditions whereby a region of a member state may be declared officially tuberculosis-free or officially brucellosis-free as regards bovine herds. (2) chapter 2 of annex i to commission decision 2003/467/ec (2) lists the regions of the member states which are declared officially tuberculosis-free as regards bovine herds. (3) italy has submitted to the commission documentation demonstrating compliance for the province of frosinone of the region of lazio with the conditions laid down in directive 64/432/eec for officially tuberculosis-free status as regards bovine herds. accordingly, that province should be listed in chapter 2 of annex i to decision 2003/467/ec as officially tuberculosis-free region as regards bovine herds. (4) chapter 2 of annex ii to decision 2003/467/ec lists the regions of member states which are declared officially brucellosis-free as regards bovine herds. (5) italy has submitted to the commission documentation demonstrating compliance for the province of rome of the region of lazio with the conditions laid down in directive 64/432/eec for officially brucellosis-free status as regards bovine herds. as all the other provinces of the region of lazio have earlier been granted the officially brucellosis-free status as regards bovine herds, the entire region of lazio should be listed in chapter 2 of annex ii to decision 2003/467/ec as officially brucellosis-free region as regards bovine herds. (6) annexes i and ii to decision 2003/467/ec should therefore be amended accordingly. (7) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 annexes i and ii to decision 2003/467/ec are amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 26 october 2018. for the commission vytenis andriukaitis member of the commission (1) oj 121, 29.7.1964, p. 1977/64. (2) commission decision 2003/467/ec of 23 june 2003 establishing the official tuberculosis, brucellosis, and enzootic-bovine-leukosis-free status of certain member states and regions of member states as regards bovine herds (oj l 156, 25.6.2003, p. 74). annex annexes i and ii to decision 2003/467/ec are amended as follows: (1) in chapter 2 of annex i, the entry for italy is replaced by the following: in italy: region abruzzo: province of pescara, province of bolzano, region emilia-romagna, region friuli-venezia giulia, region lazio: provinces of frosinone, rieti, viterbo, region liguria, region lombardia, region marche: province of ancona, ascoli piceno, fermo, pesaro-urbino, region piemonte, region sardegna: provinces of cagliari, medio-campidano, ogliastra, olbia-tempio, oristano, region toscana, province of trento, region umbria, region veneto.; (2) in chapter 2 of annex ii, the entry for italy is replaced by the following: in italy: region abruzzo: province of pescara, province of bolzano, region emilia-romagna, region friuli-venezia giulia, region lazio region liguria, region lombardia, region marche, region molise: province of campobasso, region piemonte, region puglia: province of brindisi, region sardegna, region toscana, province of trento, region umbria, region valle d'aosta, region veneto.
name: commission decision (eu) 2018/1962 of 11 december 2018 laying down internal rules concerning the processing of personal data by the european anti-fraud office (olaf) in relation to the provision of information to data subjects and the restriction of certain of their rights in accordance with article 25 of regulation (eu) 2018/1725 of the european parliament and of the council type: decision subject matter: information technology and data processing; eu institutions and european civil service; rights and freedoms date published: 2018-12-12 12.12.2018 en official journal of the european union l 315/41 commission decision (eu) 2018/1962 of 11 december 2018 laying down internal rules concerning the processing of personal data by the european anti-fraud office (olaf) in relation to the provision of information to data subjects and the restriction of certain of their rights in accordance with article 25 of regulation (eu) 2018/1725 of the european parliament and of the council the european commission, having regard to the treaty on the functioning of the european union, and in particular article 249(1) thereof, whereas: (1) the european anti-fraud office (the office) was established by commission decision 1999/352/ec, ecsc, euratom (1) as a service of the commission. the office conducts investigations in complete independence. (2) the office conducts administrative investigations for the purpose of fighting fraud, corruption and any other illegal activity affecting the financial interests of the union in accordance with regulation (eu, euratom) no 883/2013 of the european parliament and of the council (2). to that end, it exercises the powers of investigation conferred on the commission by the relevant union acts in the member states, as well as in accordance with cooperation and mutual assistance agreements and any other legal instrument in force, in third countries and on the premises of international organisations. (3) the office also conducts administrative investigations within the institutions, bodies, offices and agencies established by, or on the basis of, the treaties. in the framework of its investigative mandate, the office collects information of investigative interest, including personal data, from various sources public authorities, private entities and natural persons and exchanges it with union institutions, bodies, offices and agencies, with competent authorities of member states and third countries, as well as with international organisations before, during and after the investigation or coordination activities. (4) in the framework of its activities, the office processes several categories of personal data, particularly identification data, contact data, professional data and case involvement data. the office, represented by its director-general, acts as the data controller. the personal data are stored in a secured electronic environment which prevents unlawful access or transfer of data to persons who do not have a need to know. the personal data processed are retained for fifteen years after the case is dismissed or the investigation or the coordination case is closed by a decision of the director-general. at the end of the retention period, the case related information including personal data is transferred to the historical archives. (5) while carrying out its tasks, the office is bound to respect the rights of natural persons in relation to the processing of personal data recognised by article 8(1) of the charter of fundamental rights of the european union and by article 16(1) of the treaty, as well as by legal acts based on those provisions. at the same time, the office is required to comply with strict rules of confidentiality and professional secrecy referred to in article 10 of regulation (eu, euratom) no 883/2013 and ensure the respect of procedural rights of persons concerned and witnesses, referred to in article 9 of that regulation, in particular the right of persons concerned to the presumption of innocence. (6) the secured electronic environment in which personal data are stored as well as the procedural guarantees and strict rules of confidentiality and professional secrecy referred to respectively in articles 9 and 10 of regulation (eu, euratom) no 883/2013 ensure a high level of protection against the risks to the rights and freedoms of data subjects involved by the processing. (7) in certain circumstances, it is necessary to reconcile the rights of data subjects pursuant to regulation (eu) 2018/1725 of the european parliament and of the council (3) with the needs of investigations and confidentiality of exchanges of information with other competent public authorities, as well as with full respect for fundamental rights and freedoms of other data subjects. to that effect, article 25 of that regulation provides the office with the possibility to restrict the application of articles 14 to 22, 35 and 36, as well as article 4 thereof, insofar as its provisions correspond to the rights and obligations provided for in articles 14 to 22. (8) the office designated, pursuant to article 10(4) of regulation (eu, euratom) no 883/2013 a data protection officer in accordance with article 24 of regulation (ec) no 45/2001 of the european parliament and of the council (4). (9) in order to ensure the confidentiality and effectiveness of investigations and other operational activities carried out by the office while respecting the standards of protection of personal data under regulation (eu) 2018/1725, it is necessary to adopt internal rules under which the office may restrict data subjects' rights in line with article 25 of that regulation. (10) the scope of this legal act should cover all processing operations carried out by the office in the performance of its independent investigative function. they should apply to processing operations carried out prior to the opening of an investigation, both during internal and external investigations, as referred to in articles 3 and 4 of regulation (eu, euratom) no 883/2013, and during the monitoring of the follow-up to the outcome of the investigations. the rules should apply to processing operations which form part of the activities linked to the investigative function such as the system to report fraud, operational analyses, international cooperation data bases, as well as operations which can contain investigative data such as in the handling of dpo investigations or in other complaint processes conducted by the office. it should also include assistance and cooperation provided by the office to national authorities and international organisations outside of its administrative investigations. (11) in order to comply with articles 14, 15 and 16 of regulation (eu) 2018/1725, the office should inform all individuals of its activities involving processing of their personal data and of their rights in a transparent and coherent manner in the form of the data protection notices published on the office's website, as well as to individually inform data subjects relevant to the investigation persons concerned, witnesses and informants in the appropriate format. (12) without prejudice to the application of the exceptions laid down in regulation (eu) 2018/1725, the office may have to restrict the provision of information to data subjects and the application of other rights of data subjects' in order to protect its own investigations, investigations and proceedings of public authorities of the member states, the investigation tools and methods, as well as the rights of other persons related to its investigations. (13) in some cases, providing particular information to the data subjects or revealing the existence of an investigation could render impossible or seriously impair the purpose of the processing operation and the capability of the office or competent national authorities and union institutions, bodies, offices and agencies to conduct an investigation effectively in the future. (14) furthermore, the office is required to protect the identity of informants, including whistle-blowers, and witnesses, who should not suffer negative repercussions in relation to their cooperation with the office. (15) for those reasons, the office may need to apply certain grounds for restrictions referred to in article 25 of regulation (eu) 2018/1725 to data processing operations carried out in the framework of the office's tasks set out in article 2 of decision 1999/352/ec, ecsc, euratom. (16) in addition, in order to maintain effective cooperation, the office may need to apply restrictions to data subjects' rights to protect information containing personal data originating from commission services or other union institutions, bodies, offices and agencies, competent authorities of member states and third countries, as well as from international organisations. to that effect, the office should consult those services, institutions, bodies, offices, agencies, authorities and international organisations on the relevant grounds for and the necessity and proportionality of the restrictions. (17) in the framework of its investigative function, the office often exchanges information, including personal data, with, inter alia, commission services and executive agencies assisting the commission services in the implementation of their programmes. in line with article 25(5) of regulation (eu) 2018/1725 which requires the internal rules to be adopted at the highest level of management of the union institutions, bodies, agencies and offices concerned this decision shall encompass the processing of personal data contained in information which they are required to transmit to the office. therefore all commission services and executing agencies processing personal data subject to their duty to inform the office under article 8(1) of regulation (eu, euratom) no 883/2013 or where such personal data are processed by the office in the performance of its tasks should apply the rules set out in this decision with a view to protecting the processing operations carried out by the office. in such circumstances, the commission services and executive agencies concerned should therefore consult the office on the relevant grounds for the restrictions and their necessity and proportionality in order to ensure their coherent application. (18) the office and, where relevant, commission services and executive agencies should handle all restrictions in a transparent manner and register each application of restrictions in the corresponding record system. (19) pursuant to article 25(8) of regulation (eu) 2018/1725, the controllers may defer or refrain from providing information on the reasons for the application of a restriction to the data subject if this would in any way compromise the purpose of the restriction. in particular, where a restriction to the rights provided for in articles 16 and 35 is applied, the notification of such a restriction would compromise the purpose of the restriction. in order to ensure that the data subject's right to be informed in accordance with articles 16 and 38 of regulation (eu) 2018/1725 is restricted only as long as the reasons for the deferral last, the office should regularly review its position. (20) where a restriction of other data subjects' rights is applied the controller should assess on a case-by-case basis whether the communication of the restriction would compromise its purpose. (21) the data protection officer of the office and, where relevant, the data protection officer of the commission or of the executive agency concerned should also carry out an independent review of the application of restrictions, with a view to ensuring compliance with this decision. (22) regulation (eu) 2018/1725 replaces regulation (ec) no 45/2001, without any transitional period, from the date on which it enters into force. the possibility to apply restrictions to certain rights was provided for in regulation (ec) no 45/2001. in order to avoid jeopardising the purpose of investigations in the office's remit and adversely affecting the rights and freedoms of others, this decision should apply from the date of entry into force of regulation (eu) 2018/1725. (23) the european data protection supervisor was consulted on 23 november 2018, has adopted this decision: article 1 subject matter and scope 1. this decision lays down the rules to be followed by the european anti-fraud office (the office) to inform data subjects of the processing of their data in accordance with articles 14, 15 and 16 of regulation (eu) 2018/1725. it also lays down the conditions under which the office may restrict the application of articles 4, 14 to 20 and 35 regulation (eu) 2018/1725, in accordance with article 25 of that regulation. 2. this decision applies to the processing of personal data by the office for the purpose of or in relation to the activities carried out in order to fulfil the office's tasks referred to in article 2 of decision 1999/352/ec, ecsc, euratom and regulation (eu, euratom) no 883/2013. 3. this decision applies to the processing of personal data by commission services and executive agencies in so far as they process personal data contained in information which they are required to transmit to the office pursuant to article 8(1) of regulation (eu, euratom) no 883/2013 or personal data already processed by the office for the purpose of or in relation to the activities referred to in paragraph 2 of this article. article 2 applicable exceptions and restrictions 1. where the office exercises its duties with respect to the data subjects' rights pursuant to regulation (eu) 2018/1725, it shall consider whether any of the exceptions laid down in that regulation apply. 2. subject to articles 3 to 6 of this decision, the office may restrict the application of articles 14 to 20 and 35 of regulation (eu) 2018/1725, as well as its article 4 in so far as its provisions correspond to the rights and obligations provided for in articles 14 to 20 and 35 of regulation (eu) 2018/1725 where the exercise of those rights and obligations would jeopardise the purpose of the office's investigative activities, including by revealing its investigative tools and methods, or would adversely affect the rights and freedoms of others. 3. subject to articles 3 to 6 of this decision, the office may restrict the rights and obligations referred to in paragraph 2 of this article in relation to personal data obtained from commission services or other union institutions, bodies, agencies and offices, competent authorities of member states or third countries or from international organisations, in the following circumstances: (a) where the exercise of those rights and obligations could be restricted by commission services or other union institutions, bodies, agencies and offices on the basis of other acts provided for in article 25 of regulation (eu) 2018/1725 or in accordance with chapter ix of that regulation or with the founding acts of other union institutions, bodies, agencies and offices; (b) where the exercise of those rights and obligations could be restricted by competent authorities of member states on the basis of acts referred to in article 23 of regulation (eu) 2016/679 of the european parliament and of the council (5), or under national measures transposing articles 13(3), 15(3) or 16(3) of directive (eu) 2016/680 of the european parliament and of the council (6); (c) where the exercise of those rights and obligations could jeopardise the office's cooperation with third countries or international organisations in the conduct of its tasks. before applying restrictions in the circumstances referred to in points (a) and (b) of the first subparagraph, the office shall consult the relevant commission services, union institutions, bodies, agencies, offices or the competent authorities of member states unless it is clear to the office that the application of a restriction is provided for by one of the acts referred to in those points. point (c) of the first subparagraph shall not apply where the interest of the union to cooperate with third countries or international organisations is overridden by the interests or fundamental rights and freedoms of the data subjects. 4. where commission services and executive agencies process personal data in instances referred to in article 1(3), they may, where necessary, apply restrictions in accordance with this decision. to that end, they shall consult the office, unless it is clear to the commission service or executive agency concerned that the application of a restriction is justified under this decision. article 3 provision of information to data subjects 1. the office shall publish on its website data protection notices that inform all data subjects of its activities involving processing of their personal data. 2. the office shall individually inform all data subjects whom it considers to be persons concerned, witnesses or informants within the meaning of regulation (eu, euratom) no 883/2013. 3. where the office restricts, wholly or partly, the provision of information to the data subjects referred to in paragraph 2, it shall record the reasons for the restriction, including an assessment of the necessity and proportionality of the restriction. to that end, the record shall state how the provision of the information would jeopardise the purpose of the office's investigative activities, or of restrictions applied pursuant to article 2(3), or would adversely affect the rights and freedoms of others. the record and, where applicable, the documents containing underlying factual and legal elements shall be registered. they shall be made available to the european data protection supervisor on request. 4. the restriction referred to in paragraph 3 shall continue to apply as long as the reasons justifying it remain applicable. where the reasons for the restriction no longer apply, the office shall provide the information concerned and the reasons for the restriction to the data subject. at the same time, the office shall inform the data subject of the possibility of lodging a complaint with the european data protection supervisor at any time or of seeking a judicial remedy in the court of justice of the european union. the office shall review the application of the restriction every six months from its adoption and at the closure of the relevant investigation. thereafter, the controller shall monitor the need to maintain any restriction on an annual basis. article 4 right of access by data subject 1. where data subjects request access to their personal data processed in the context of one or more specific cases or to a particular processing operation, in accordance with article 17 of regulation (eu) 2018/1725, the office shall limit its assessment of the request to such personal data only. 2. where the office restricts, wholly or partly, the right of access, referred to in article 17 of regulation (eu) 2018/1725, it shall take the following steps: (a) it shall inform the data subject concerned, in its reply to the request, of the restriction applied and of the principal reasons thereof, and of the possibility of lodging a complaint with the european data protection supervisor or of seeking a judicial remedy in the court of justice of the european union; (b) it shall record the reasons for the restriction, including an assessment of the necessity and proportionality of the restriction; to that end, the record shall state how providing access would jeopardise the purpose of the office's investigative activities or of restrictions applied pursuant to article 2(3), or would adversely affect the rights and freedoms of other data subjects. the provision of information referred to in point (a) may be deferred, omitted or denied in accordance with article 25(8) of regulation (eu) 2018/1725. 3. the record referred to in point (b) of paragraph 2 and, where applicable, the documents containing underlying factual and legal elements shall be registered. they shall be made available to the european data protection supervisor on request. article 25(7) of regulation (eu) 2018/1725 shall apply. article 5 right of rectification, erasure and restriction of processing where the office restricts, wholly or partly, the application of the right to rectification, erasure or restriction of processing, referred to in articles 18, 19(1) and 20(1) of regulation (eu) 2018/1725, it shall take the steps set out in article 4(2) of this decision and register the record in accordance with article 4(3) thereof. article 6 communication of a personal data breach to the data subject where the office restricts the communication of a personal data breach to the data subject, referred to in article 35 of regulation (eu) 2018/1725, it shall record and register the reasons for the restriction in accordance with article 3(3) of this decision. article 3(4) of this decision shall apply. article 7 review by the data protection officer 1. the data protection officer of the office (the office dpo), shall be informed, without undue delay, whenever data subjects' rights are restricted in accordance with this decision. the office dpo shall be provided with access to the record and any documents containing underlying factual and legal elements. the office dpo may request a review of the restrictions. the office dpo shall be informed in writing of the outcome of the requested review. 2. where commission services and executive agencies process personal data in instances referred to in article 1(3), the data protection officer of the commission (the commission dpo) or, where applicable, the data protection officer of the executive agency concerned (the agency dpo), shall be informed, without undue delay, whenever data subjects' rights are restricted in accordance with this decision. upon request, the commission dpo or, where applicable, the agency dpo shall be provided with access to the record and any documents containing underlying factual and legal elements. the commission dpo or, where applicable, the agency dpo, may request a review of the restrictions. the commission dpo or the agency dpo shall be informed in writing about the outcome of the requested review. 3. all information exchanges with the dpo throughout the procedure shall be recorded in the appropriate form. article 8 entry into force this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 11 december 2018. done at brussels, 11 december 2018. for the commission the president jean-claude juncker (1) commission decision 1999/352/ec, ecsc, euratom of 28 april 1999 establishing the european anti-fraud office (olaf) (oj l 136, 31.5.1999, p. 20). (2) regulation (eu, euratom) no 883/2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti-fraud office (olaf) and repealing regulation (ec) no 1073/1999 of the european parliament and of the council and council regulation (euratom) no 1074/1999 (oj l 248, 18.9.2013, p. 1). (3) regulation (eu) 2018/1725 of the european parliament and of the council of 23 october 2018 on the protection of natural persons with regard to the processing of personal data by the union institutions, bodies, offices and agencies and on the free movement of such data, and repealing regulation (ec) no 45/2001 and decision no 1247/2002/ec (oj l 295, 21.11.2018, p. 39). (4) regulation (ec) no 45/2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data (oj l 8, 12.1.2001, p. 1). (5) regulation (eu) 2016/679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/ec (general data protection regulation) (oj l 119, 4.5.2016, p. 1). (6) directive (eu) 2016/680 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing council framework decision 2008/977/jha (oj l 119, 4.5.2016, p. 89).
name: commission implementing decision (eu) 2018/1959 of 10 december 2018 derogating from council directive 2000/29/ec as regards measures to prevent the introduction into and the spread within the union of the harmful organism agrilus planipennis (fairmaire) through wood originating in canada and in the united states of america (notified under document c(2018) 8235) type: decision_impl subject matter: agricultural activity; international trade; trade policy; wood industry; environmental policy; trade; america; natural environment; european union law date published: 2018-12-12 12.12.2018 en official journal of the european union l 315/27 commission implementing decision (eu) 2018/1959 of 10 december 2018 derogating from council directive 2000/29/ec as regards measures to prevent the introduction into and the spread within the union of the harmful organism agrilus planipennis (fairmaire) through wood originating in canada and in the united states of america (notified under document c(2018) 8235) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 2000/29/ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community (1), and in particular article 15(1) thereof, whereas: (1) agrilus planipennis (fairmaire) is a harmful organism listed under point (a)1.2 in annex i, part a, section i to directive 2000/29/ec as an organism not known to occur in the union. (2) the provisions set out under point 2.3 in annex iv, part a, section i to directive 2000/29/ec establish special requirements to prevent the introduction into and the spread within the union of the harmful organism agrilus planipennis (fairmaire) through wood originating in certain third countries. (3) following the information collected in 2018 during two audits of the european commission in canada and the united states of america, the implementation of the conditions set out under option (b) of point 2.3 in annex iv, part a, section i to directive 2000/29/ec is not sufficiently verified prior to export. (4) it is therefore appropriate not to allow the introduction into the union of wood of fraxinus l., juglans ailantifolia carr., juglans mandshurica maxim., ulmus davidiana planch. and pterocarya rhoifolia siebold and zucc. originating in canada and the united states of america under an official statement as referred to in that option (b). (5) this decision should expire on 30 june 2020, to allow for the review of point 2.3 in annex iv, part a, section i to directive 2000/29/ec on the basis of the scientific and technical developments. (6) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 by way of derogation from the provisions set out under point 2.3 in annex iv, part a, section i to directive 2000/29/ec, the introduction into the union territory of wood of fraxinus l., juglans ailantifolia carr., juglans mandshurica maxim., ulmus davidiana planch. and pterocarya rhoifolia siebold and zucc. originating in canada and the united states of america shall only be allowed under official statements referred to in options (a) and (c) of that point 2.3. article 2 this decision shall expire on 30 june 2020. article 3 this decision is addressed to the member states. done at brussels, 10 december 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 169, 10.7.2000, p. 1.
name: council decision (cfsp) 2018/1939 of 10 december 2018 on union support for the universalisation and effective implementation of the international convention for the suppression of acts of nuclear terrorism type: decision subject matter: defence; international security; politics and public safety; international affairs; european construction date published: 2018-12-11 11.12.2018 en official journal of the european union l 314/41 council decision (cfsp) 2018/1939 of 10 december 2018 on union support for the universalisation and effective implementation of the international convention for the suppression of acts of nuclear terrorism the council of the european union, having regard to the treaty on european union, and in particular articles 28(1) and 31(1) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 12 december 2003 the european council adopted the eu strategy against proliferation of weapons of mass destruction (the strategy), which states that non-proliferation, disarmament and arms control can make an essential contribution in the global fight against terrorism by reducing the risk of non-state actors gaining access to weapons of mass destruction, radioactive materials and means of delivery. chapter iii of the strategy contains a list of measures that need to be taken both within the union and in third countries to combat such proliferation. (2) the union is actively implementing the strategy and is giving effect to the measures listed in chapter iii thereof, in particular by working towards the universalisation and, where necessary, strengthening of the main treaties, agreements and verification arrangements on disarmament and non-proliferation and by releasing financial resources to support specific projects conducted by multilateral institutions such as the united nations (un) office on drugs and crime (unodc) and the un office of counter-terrorism (unoct). (3) in his agenda for disarmament entitled securing our common future, which was launched on 24 may 2018, the un secretary-general noted that the current nuclear risks were unacceptable and that they were growing. (4) on 13 april 2005 the un general assembly adopted the international convention for the suppression of acts of nuclear terrorism, which was opened for signature on 14 september 2005. (5) the technical implementation of this decision should be entrusted to the unodc and the un counter-terrorism centre (uncct) of the unoct. (6) this decision should be implemented in accordance with the financial and administrative framework agreement concluded by the european commission with the un concerning the management of financial contributions by the union to programmes or projects administered by the un, has adopted this decision: article 1 1. for the purpose of ensuring the continuous and practical implementation of certain elements of the strategy, the union shall promote the universalisation and effective implementation of the international convention for the suppression of acts of nuclear terrorism (icsant) by providing support for the activities of the unodc, and in particular its terrorism prevention branch (tpb), which, inter alia, supports the efforts of states to adhere to relevant international legal instruments and to strengthen their national legal and criminal justice frameworks and institutional capacity to counter nuclear terrorism, and the uncct programme on preventing and responding to weapons of mass destruction (wmd)/chemical, biological, radiological and nuclear (cbrn) terrorism, which, inter alia, seeks to support states and international organisations in preventing terrorist groups from accessing and using wmd/cbrn materials and in ensuring that they are better prepared for, and can effectively respond to, a terrorist attack involving wmd/cbrn materials. 2. the projects to be financed by the union shall aim to: (a) increase the number of states parties to icsant; (b) increase icsant awareness among beneficiaries, such as national policy- and decision-makers, including members of parliament, and in international fora; (c) improve national legislation by incorporating all icsant requirements; (d) develop e-learning and other relevant training materials and incorporate them into technical legal assistance delivery, including, inter alia, case studies; (e) develop and maintain a reference website containing all icsant-relevant information, including good practices; (f) enhance the capacities of criminal justice officials and other relevant national stakeholders with regard to the investigation, prosecution and adjudication of cases; (g) develop synergies with other relevant international legal instruments, such as the convention on the physical protection of nuclear material and the amendment thereto, and un security council (unsc) resolution 1540 (2004); (h) strengthen the capacity of states to detect and respond to the threat of terrorists acquiring nuclear or other radioactive materials. the projects shall be implemented by the unodc and the uncct in close collaboration with relevant unodc field offices and other relevant institutions and experts, including the international atomic energy agency, the united nations office for disarmament affairs, the group of experts of the unsc committee established pursuant to unsc resolution 1540 (2004) and the eu cbrn risk mitigation centres of excellence. in the implementation of the projects, both union visibility and proper programme management shall be ensured. all project components shall be supported by proactive and innovative public outreach activities, and resources shall be allocated accordingly. a detailed description of the projects is set out in the annex. article 2 1. the high representative of the union for foreign affairs and security policy (the high representative) shall be responsible for the implementation of this decision. 2. the technical implementation of the projects referred to in article 1(2) shall be carried out by the unodc and the uncct. they shall perform that task under the responsibility of the high representative. for that purpose, the high representative shall enter into the necessary arrangements with the unodc and the uncct. article 3 1. the financial reference amount for the implementation of the projects referred to in article 1(2) shall be eur 4 999 986. the total estimated budget of the overall project shall be eur 5 223 907, which shall be provided through co-financing. 2. the expenditure financed by the financial reference amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the union budget. 3. the commission shall supervise the proper management of the financial reference amount referred to in paragraph 1. for that purpose, it shall conclude financing agreements with the unodc and the uncct. the financing agreements shall stipulate that the unodc and the uncct have to ensure the visibility of the union contribution, appropriate to its size. 4. the commission shall endeavour to conclude the financing agreements referred to in paragraph 3 as soon as possible after the entry into force of this decision. it shall inform the council of any difficulties in that process and of the date of conclusion of the financing agreements. article 4 1. the high representative shall report to the council twice a year on the implementation of this decision on the basis of regular reports prepared by the unodc and the uncct. those reports shall form the basis for the evaluation carried out by the council. 2. the commission shall provide information twice a year on the financial aspects of the implementation of the projects referred to in article 1(2). article 5 this decision shall enter into force on the date of its adoption. this decision shall expire 36 months after the date of the conclusion of the financing agreements referred to in article 3(3). however, it shall expire six months after the date of its entry into force if no financing agreement has been concluded within that period. done at brussels, 10 december 2018. for the council the president f. mogherini annex project 1 : promotion of adherence through a high-level event to be held in new york in close cooperation with the un office of legal affairs project details: a high-level event will be held either in the margins of the 2020 review conference of the parties to the treaty on the non-proliferation of nuclear weapons or in the margins of the annual treaty event, organised by the un secretary-general and held in parallel with the general debate of the general assembly. the high-level event could also be held during any special un forum on specific treaties that are intended to facilitate the participation of states in the multilateral treaty framework. implementing entity: uncct project 2 : promotion of adherence via regional workshops and country visits project details: organising up to six regional, interregional and subregional workshops for policy- and decision-makers of states not party to icsant (1) in: africa, central and south asia, europe, south-east asia and the pacific. relevant materials developed under the project (e.g. case studies and self-assessment questionnaires) will be used in the workshops. in addition to focusing on icsant, the workshops will address synergies with the convention on the physical protection of nuclear material and the amendment thereto, as well as unsc resolution 1540 (2004). implementing entity: unodc project 3 : provision of relevant legislative assistance project details: provision of relevant legislative assistance to requesting states via desk reviews or legislative drafting workshops (up to 10 states). implementing entity: unodc project 4 : capacity building for relevant stakeholders, including criminal justice officials who could be involved in investigating, prosecuting and adjudicating cases involving nuclear and other radioactive material covered by icsant project details: three regional workshops will be held for prosecutors of selected states parties to icsant in africa, europe and asia. implementing entity: unodc project 5 : promotion of adherence through engagement with the inter-parliamentary union project details: consultations will be held with the inter-parliamentary union with a view to organising events to support speedy adherence to icsant and joint appeals to states that are not yet party to icsant. implementing entity: uncct project 6 : study on reasons for states not adhering to icsant and the challenges faced by those states project details: study on the reasons for states not adhering to icsant and the challenges faced by those states. the uncct will conduct an academic study to obtain a deeper understanding of the reasons for states not becoming party to icsant and the challenges faced by those states, and will issue recommendations on how to address those reasons and challenges in order to ensure increased adherence and will indicate legislative requirements and measures for effective implementation. implementing entity: uncct project 7 : development and maintenance of a regularly updated, password-protected website on all resources on icsant, including examples of national legislation project details: the website will contain all available resources on icsant, including a collection of all existing national legislation implementing icsant in all states parties, a collection of good practices and model legislation, scholarly articles, information and a calendar on outreach activities, a dedicated email address for questions, information on available assistance, a questionnaire with answers on icsant and the delivery of 12 one-hour webinars on different aspects of icsant (four in english, four in french and four in spanish). implementing entity: unodc project 8 : development and delivery of a training manual on icsant-relevant fictional case studies project details: a training manual on icsant will be developed on the basis of fictional case studies. implementing entity: unodc project 9 : development of an e-learning module on icsant project details: the module will be translated into at least four un official languages and will be hosted on the unodc global e-learning website (https://www.unodc.org/elearning). implementing entity: unodc project 10 : nuclear-terrorism-related capacity building in the area of border security and management project details: the uncct will hold capacity-building events on border security and management in six regions: sahel, south asia and south-east asia, horn of africa, central asia and the caucasus, eastern and south-eastern europe, middle east and north africa. implementing entity: uncct project 11 : development of flyers and learning material project details: development of promotional flyers on icsant in all six un official languages and a self-assessment questionnaire for states considering adherence. implementing entity: unodc expected outcome of the above projects: 1. increase in the number of states parties to icsant; 2. increased icsant awareness among beneficiaries, such as national policy- and decision-makers, including members of parliament, and in international fora; 3. national legislation improved by incorporating all icsant requirements; 4. e-learning and other relevant training materials developed and incorporated into technical legal assistance delivery, including, inter alia, case studies; 5. a reference website containing all icsant-relevant information developed and maintained, including good practices; 6. enhanced capacities of criminal justice officials and other relevant national stakeholders with regard to the investigation, prosecution and adjudication of cases; 7. synergies developed with other relevant international legal instruments such as the convention on the physical protection of nuclear material and the amendment thereto, and unsc resolution 1540 (2004); 8. strengthened capacity of states to detect and respond to the threat of terrorists acquiring nuclear or other radioactive materials. (1) invitations could be extended to states parties to icsant on a case-by-case basis if there is an added value in their participation.
name: council decision (cfsp) 2018/1930 of 10 december 2018 amending decision 2014/145/cfsp concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of ukraine type: decision subject matter: europe; european construction; international affairs; international security; civil law; international law date published: 2018-12-10 10.12.2018 en official journal of the european union li 313/5 council decision (cfsp) 2018/1930 of 10 december 2018 amending decision 2014/145/cfsp concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of ukraine the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 17 march 2014, the council adopted decision 2014/145/cfsp (1). (2) following the organisation, on 11 november 2018, of so-called elections in the so-called donetsk people's republic and luhansk people's republic, the council considers that nine persons should be added to the list of persons, entities and bodies subject to restrictive measures as set out in the annex to decision 2014/145/cfsp. (3) the annex to decision 2014/145/cfsp should be amended accordingly, has adopted this decision: article 1 the persons listed in the annex to this decision shall be added to the list set out in the annex to decision 2014/145/cfsp. article 2 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 2018. for the council the president f. mogherini (1) council decision 2014/145/cfsp of 17 march 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of ukraine (oj l 78, 17.3.2014, p. 16). annex the following persons are added to the list of persons set out in the annex to decision 2014/145/cfsp: name identifying information reasons date of listing 167. olga valerievna pozdnyakova/olga valeryevna pozdnyakova ( ) olga valeriyivna pozdnyakova ( ) dob: 30.3.1982 pob: shakhty, rostov oblast, ussr chairperson of the central electoral commission of the so-called donetsk people's republic . in this capacity, she participated in the organisation of the so-called elections of 11 november 2018 in the so-called donetsk people's republic , and thereby actively supported and implemented actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 10.12.2018 168. elena valerievna kravchenko/elena valeryevna kravchenko ( ) olena valeriyivna kravchenko ( ) dob: 22.2.1983 pob: sverdlovsk (ekaterinburg), ussr chairperson of the central electoral commission of the so-called luhansk people's republic . in this capacity, she participated in the organisation of the so-called elections of 11 november 2018 in the so-called luhansk people's republic , and thereby actively supported actions and implemented policies that undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 10.12.2018 169. leonid ivanovich pasechnik ( ' ) leonid ivanovych pasichnyk ( ' ) dob: 15.3.1970 pob: voroshilovgrad luhansk, voroshilovghrad oblast, ukrainian ssr elected leader of the so-called luhansk people's republic . in taking on and acting in this capacity, he actively supported and implemented actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 10.12.2018 170. vladimir anatolievich bidyovka/vladimir anatolievich bidevka ( ' ) volodymyr anatoliyovych bidiovka ( ' ) dob: 7.3.1981 pob: makeevka donetsk oblast chairperson of the so-called people's council of the so-called donetsk people's republic . in taking on and acting in this capacity, he actively supported and implemented actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 10.12.2018 171. denis nikolaevich miroshnichenko ( ) dob: 8.12.1987 pob: luhansk chairperson of the so-called people's council of the so-called luhansk people's republic . in taking on and acting in this capacity, he actively supported and implemented actions and policies which undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 10.12.2018 172. aleksey alekseevich naydenko ( ) oleksii oleksiyovych naydenko ( ) dob: 2.6.1980 pob: donetsk deputy chair of the central electoral commission of the so-called donetsk people's republic . in this capacity, he participated in the organisation of the so-called elections of 11 november 2018 in the so-called donetsk people's republic , and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 10.12.2018 173. vladimir yurievich vysotskiy ( ' ) volodymyr yuriyovych vysotskyi ( ' ) dob: 7.4.1985 pob: autonomous republic of crimea secretary of the central electoral commission of the so-called donetsk people's republic . in this capacity, he participated in the organisation of the so-called elections of 11 november 2018 in the so-called donetsk people's republic , and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 10.12.2018 174. maksim aleksandrovich svidchenko ( ' ) maksym oleksandrovych svidchenko ' dob: 6.4.1978 deputy chair of the central electoral commission of the so-called luhansk people's republic . in this capacity, he participated in the organisation of the so-called elections of 11 november 2018 in the so-called luhansk people's republic , and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 10.12.2018 175. ekaterina vasilyevna tereshchenko/ekaterina vasilievna tereshchenko ( ) kateryna vasylivna tereshchenko ( ) dob: 31.5.1986 secretary of the central electoral commission of the so-called luhansk people's republic . in this capacity, she participated in the organisation of the so-called elections of 11 november 2018 in the so-called luhansk people's republic , and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of ukraine, and further destabilised ukraine. 10.12.2018
name: council implementing decision (eu) 2018/1920 of 4 december 2018 amending implementing decision 2010/99/eu authorising the republic of lithuania to extend the application of a measure derogating from article 193 of directive 2006/112/ec on the common system of value added tax type: decision_impl subject matter: business organisation; trade; european union law; taxation; marketing; consumption; wood industry; europe date published: 2018-12-07 7.12.2018 en official journal of the european union l 311/34 council implementing decision (eu) 2018/1920 of 4 december 2018 amending implementing decision 2010/99/eu authorising the republic of lithuania to extend the application of a measure derogating from article 193 of directive 2006/112/ec on the common system of value added tax the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council directive 2006/112/ec of 28 november 2006 on the common system of value added tax (1), and in particular article 395(1) thereof, having regard to the proposal from the european commission, whereas: (1) on 15 may 2006 the council, by means of decision 2006/388/ec (2), authorised lithuania to apply a measure derogating from article 21 of directive 77/388/eec (3) to designate the taxable person to whom the supplies of goods or services are made in certain instances as the person liable to pay value added tax (vat). (2) by means of council implementing decision 2010/99/eu (4), lithuania was, by way of derogation from article 193 of directive 2006/112/ec, authorised until 31 december 2012 to apply a special measure in order to continue to designate the taxable person to whom the following supplies of goods and services are made as the person liable for payment of vat: supplies of goods and services by a taxable person while under an insolvency procedure or a restructuring procedure subject to judicial oversight and supplies of timber (the special measure). the authorisation to apply the special measure was subsequently extended by council implementing decision 2012/704/eu (5) until 31 december 2015 and by council implementing decision (eu) 2015/2395 (6) until 31 december 2018. (3) by letter registered with the commission on 27 april 2018, lithuania requested authorisation to continue to apply the special measure. by letter registered with the commission on 23 july 2018, lithuania submitted a report on the application of the special measure as required by the third paragraph of article 2 of implementing decision 2010/99/eu. (4) in accordance with the second subparagraph of article 395(2) of directive 2006/112/ec, the commission informed the other member states of the request made by lithuania by letters dated 16 august 2018, with the exception of spain and cyprus, which were informed by letters dated 17 august 2018. by letter dated 20 august 2018, the commission notified lithuania that it had all the information it considers necessary for appraisal of the request. (5) taxable persons under insolvency procedures or restructuring procedures are often prevented from paying vat invoiced on their supplies of goods and services by financial difficulties. lithuania also faces problems in the timber market, because of the nature of the market and the businesses involved. the market is dominated by small local companies, often resellers and intermediaries, which the tax authorities have found difficult to control. the most common form of evasion involves the invoicing of supplies followed by the disappearance of the business without paying tax but leaving the customer in receipt of a valid invoice for tax deduction. according to lithuania, this situation, which has justified the application of the special measure, has not changed. the investigations and the analysis of the application of the special measure carried out by the lithuanian tax authorities have revealed its effectiveness in preventing vat fraud in respect of taxable persons under insolvency or restructuring procedures as well as of timber transactions. (6) lithuania should therefore be authorised to apply the special measure for a further limited period until 31 december 2021. (7) derogations are in general authorised for a limited period of time to allow an assessment of whether specific special measures are appropriate and effective. derogations grant member states time to introduce other conventional measures to tackle the problem in question until the expiry of specific special measures, thus making an extension of a derogation redundant. a derogation allowing for use to be made of the reverse charge mechanism is only authorised exceptionally for specific areas where fraud occurs and constitutes a means of last resort. lithuania should therefore implement other conventional measures to fight and prevent the further spread of vat fraud with regard to supplies of goods and services by taxable persons under insolvency or restructuring procedures and supplies of timber until the expiry of the special measure and consequently should no longer need to derogate from article 193 of directive 2006/112/ec with regard to such supplies. (8) the special measure will have no adverse impact on the union's own resources accruing from vat. (9) implementing decision 2010/99/eu should therefore be amended accordingly, has adopted this decision: article 1 in article 2 of implementing decision 2010/99/eu, the second paragraph is replaced by the following: it shall apply until 31 december 2021. article 2 this decision shall take effect on the date of its notification. it shall apply from 1 january 2019. article 3 this decision is addressed to the republic of lithuania. done at brussels, 4 december 2018. for the council the president h. l ger (1) oj l 347, 11.12.2006, p. 1. (2) council decision 2006/388/ec of 15 may 2006 authorising the republic of lithuania to apply a measure derogating from article 21 of the sixth directive 77/388/eec on the harmonisation of the laws of the member states relating to turnover taxes (oj l 150, 3.6.2006, p. 13). (3) sixth council directive 77/388/eec of 17 may 1977 on the harmonisation of the laws of the member states relating to turnover taxes common system of value added tax: uniform basis of assessment (oj l 145, 13.6.1977, p. 1). (4) council implementing decision 2010/99/eu of 16 february 2010 authorising the republic of lithuania to extend the application of a measure derogating from article 193 of directive 2006/112/ec on the common system of value added tax (oj l 45, 20.2.2010, p. 10). (5) council implementing decision 2012/704/eu of 13 november 2012 amending implementing decision 2010/99/eu authorising the republic of lithuania to extend the application of a measure derogating from article 193 of directive 2006/112/ec on the common system of value added tax (oj l 319, 16.11.2012, p. 7). (6) council implementing decision (eu) 2015/2395 of 10 december 2015 amending implementing decision 2010/99/eu authorising the republic of lithuania to extend the application of a measure derogating from article 193 of directive 2006/112/ec on the common system of value added tax (oj l 332, 18.12.2015, p. 140).
name: council decision (eu) 2018/1893 of 16 july 2018 regarding the signature, on behalf of the european union, of the agreement in the form of an exchange of letters between the european union and the kingdom of morocco on the amendment of protocols 1 and 4 to the euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the kingdom of morocco, of the other part type: decision subject matter: international affairs; africa; regions and regional policy; european construction; international trade; cooperation policy; tariff policy date published: 2018-12-06 6.12.2018 en official journal of the european union l 310/1 council decision (eu) 2018/1893 of 16 july 2018 regarding the signature, on behalf of the european union, of the agreement in the form of an exchange of letters between the european union and the kingdom of morocco on the amendment of protocols 1 and 4 to the euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the kingdom of morocco, 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 the first subparagraph of article 207(4), in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) the euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the kingdom of morocco, of the other part (1) (the association agreement) entered into force on 1 march 2000. (2) since the association agreement entered into force, the union has continued to strengthen its bilateral relations with the kingdom of morocco and awarded it advanced status. (3) the union does not prejudge the outcome of the united nations' political process on the final status of western sahara and has consistently reaffirmed its commitment to resolving the dispute in western sahara, presently listed by the united nations as a non-self-governing territory, large parts of which are currently administered by the kingdom of morocco. it fully supports the efforts made by the united nations secretary-general and his personal envoy to help the parties reach a fair, lasting and mutually acceptable political solution that would ensure the self-determination of the people of western sahara under agreements aligned with the principles and objectives enshrined in the charter of the united nations, as set out in the resolutions of the un security council, in particular resolutions 2152 (2014), 2218 (2015), 2385 (2016); 2351 (2017) and 2414 (2018). (4) since the association agreement came into force, products from western sahara certified to be of moroccan origin have been imported to the union, benefiting from the tariff preferences laid down in its relevant provisions. (5) however, in its judgment in case c-104/16 p (2), the court of justice specified that the association agreement covered the territory of the kingdom of morocco alone and not western sahara, which is a non-self-governing territory. (6) it should be ensured that the trade flows developed over the years are not disrupted, while establishing appropriate guarantees for the protection of international law, including human rights, and sustainable development in the territories concerned. on 29 may 2017, the council authorised the commission to open negotiations with the kingdom of morocco with a view to establishing, in accordance with the judgment of the court of justice, a legal basis to grant the tariff preferences laid down in the association agreement to products originating in western sahara. an agreement between the european union and the kingdom of morocco is the only means of ensuring that the import of products originating in western sahara benefits from preferential origin, given that only the moroccan authorities are able to ensure compliance with the rules necessary for the granting of such preferences. (7) the commission assessed the potential consequences of such an agreement for sustainable development, particularly with regard to the advantages and disadvantages for the people concerned arising from the tariff preferences given to products from western sahara and the exploitation of the natural resources of the territories in question. the effects of tariff benefits on employment, human rights and the exploitation of natural resources are very difficult to measure as they are by nature indirect. moreover, it is not easy to obtain objective information on this issue. (8) nonetheless, the assessment indicates that, overall, the advantages for the economy of western sahara arising from the granting of the tariff preferences laid down in the association agreement to products originating in western sahara, such as the powerful leverage effect it represents for economic growth and thus social development, outweigh the disadvantages raised in the consultation process, such as the extensive use of natural resources, especially underground water reserves, for which measures have been taken. (9) it has been assessed that the extension of tariff preferences to products originating in western sahara will have a positive overall effect for the people concerned. it can be expected that this effect should continue and may even be enhanced in the future. the assessment indicates that extending the benefit of tariff preferences to western saharan products will promote the conditions for investment and foster substantial and rapid growth favourable to local jobs. the existence in western sahara of economic and production activities that would benefit greatly from the tariff preferences laid down in the association agreement shows that failure to grant tariff preferences would significantly jeopardise exports from western sahara, especially those of fishery and agricultural products. it is assessed that by stimulating investment, the granting of tariff preferences should have a positive impact on the development of western sahara's economy. (10) having regard to the considerations on consent in the ruling of the court of justice, the commission, in liaison with the european external action service, has taken all reasonable and feasible steps in the current context to adequately involve the people concerned in order to ascertain their consent to the agreement. wide-ranging consultations were conducted and the majority of the social, economic and political stakeholders who participated in the consultations stated that they were in favour of extending the tariff preferences in the association agreement to western sahara. those who rejected the idea felt essentially that such an agreement should affirm morocco's position on western sahara. however, the text of the agreement does not imply that it recognises morocco's sovereignty over western sahara. the union will also continue to step up its efforts in support of the process, initiated and pursued through the united nations, working towards a peaceful resolution of the dispute. (11) the commission has thus negotiated, on behalf of the union, an agreement in the form of an exchange of letters between the european union and the kingdom of morocco on the amendment of protocols 1 and 4 to the association agreement (the agreement), which was initialled on 31 january 2018. (12) the agreement helps achieve the aims pursued by the union under article 21 of the treaty on european union. (13) therefore, the agreement should be signed, has adopted this decision: article 1 the signature, on behalf of the union, of the agreement in the form of an exchange of letters between the european union and the kingdom of morocco on the amendment of protocols 1 and 4 to the euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the kingdom of morocco, of the other part (the agreement), is approved, subject to the conclusion of that agreement (3). 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 brussels, 16 july 2018. for the council the president f. mogherini (1) oj l 70, 18.3.2000, p. 2. (2) judgment of the court of justice of 21 december 2016, council of the european union v polisario front, c-104/16 p, ecli:eu:c:2016:973. (3) the text of the agreement will be published together with the decision on its conclusion.
name: commission decision (eu) 2018/1905 of 28 november 2018 on the proposed citizens' initiative entitled eu wide referendum whether the european citizens want the united kingdom to remain or to leave! (notified under document c(2018) 8006) type: decision subject matter: european construction; electoral procedure and voting; parliament; europe date published: 2018-12-06 6.12.2018 en official journal of the european union l 310/27 commission decision (eu) 2018/1905 of 28 november 2018 on the proposed citizens' initiative entitled eu wide referendum whether the european citizens want the united kingdom to remain or to leave! (notified under document c(2018) 8006) (only the english text is authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 211/2011 of the european parliament and of the council of 16 february 2011 on the citizens' initiative (1), and in particular article 4 thereof, whereas: (1) the subject matter of the proposed initiative entitled eu wide referendum whether the european citizens want the united kingdom to remain or to leave! is stated as follows: all european citicens should have the possibility to express their politicical opinion, whether they wish the united kingdom to stay in the european union. (2) the main objectives of the proposed initiative are: this referendum is not a binding plebiscite but a public opinion poll. european commission should support this public opinion poll giving all european citicens in all 28 memberstates, the possibility to express their wish whether the brexit should happen or not. we hope that we can count on the 100 %th support of the european commission, primarily because we believe that it cannot be tolerated that all european citizens, were misled in a public referendum by promises and statements which in no way reflect reality. (3) the treaty on european union (teu) reinforces citizenship of the union and enhances further the democratic functioning of the union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the union by way of a european citizens' initiative. (4) to this end, the procedures and conditions required for the citizens' initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative so as to encourage participation by citizens and to make the union more accessible. (5) the right of any member state to withdraw from the european union is enshrined in article 50(1) of the teu, according to which any member state may decide to withdraw from the union in accordance with its own constitutional requirements. (6) while the european commission regrets the decision of the united kingdom to withdraw from the european union, as stated by jean-claude juncker, president of the european commission jointly with martin schulz, president of the european parliament, donald tusk, president of the european council and mark rutte, holder of the presidency of the council of the european union, on 24 june 2016 (2), there is no legal basis in the treaties which would allow for the adoption of a legal act relating to the decision-making process within a member state in connection with the notification of that member state's intention to withdraw from the union pursuant to article 50 teu. (7) for these reasons, the proposed citizens' initiative entitled eu wide referendum whether the european citizens want the united kingdom to remain or to leave! manifestly falls outside the framework of the commission's powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties within the meaning of article 4(2)(b) of the regulation, read in conjunction with article 2, point 1, thereof, has adopted this decision: article 1 the registration of the proposed initiative entitled eu wide referendum whether the european citizens want the united kingdom to remain or to leave! is hereby refused. article 2 this decision is addressed to the organisers (members of the citizens' committee) of the proposed citizens' initiative called eu wide referendum whether the european citizens want the united kingdom to remain or to leave!, represented by erich hutter and tanja glu i acting as contact persons. done at brussels, 28 november 2018. for the commission frans timmermans vice-president (1) oj l 65, 11.3.2011, p. 1. (2) http://europa.eu/rapid/press-release_statement-16-2329_en.htm
name: commission implementing decision (eu, euratom) 2018/1885 of 30 november 2018 amending decision 96/566/euratom, ec authorising finland not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the vat own resources base (notified under document c(2018) 7840) type: decision_impl subject matter: marketing; europe; taxation; organisation of transport; building and public works; labour market; eu finance date published: 2018-12-04 4.12.2018 en official journal of the european union l 308/43 commission implementing decision (eu, euratom) 2018/1885 of 30 november 2018 amending decision 96/566/euratom, ec authorising finland not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the vat own resources base (notified under document c(2018) 7840) (only the finnish and swedish texts are authentic) the european commission, 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 council regulation (eec, euratom) no 1553/89 of 29 may 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular the second indent of article 6(3) thereof, after consulting the advisory committee on own resources, whereas: (1) under article 379(2) of council directive 2006/112/ec (2), finland may, in accordance with the conditions applying in that member state on the date of its accession, continue to exempt the supply of services by authors, artists and performers, listed in point 2 of part b of annex x, and the transactions listed in points 9 and 10 of part b of annex x to that directive, for as long as the same exemptions are applied in any of the member states which were members of the community on 31 december 1994. in accordance with that article, those transactions are to be taken into account for the determination of the value added tax (vat) own resources base. (2) by commission decision 96/566/euratom, ec (3), finland was authorised to, inter alia, use approximate estimates to calculate the vat own resources base in respect of transactions now referred to in points 2, 9 and 10 of part b of annex x to directive 2006/112/ec regarding certain services supplied by authors, artists, performers, certain supplies of land and the transport of passengers. (3) in its letter of 26 april 2018, finland requested an authorisation from the commission to use fixed percentages of the intermediate base for the calculation of the vat own resources base for transactions referred to in points 2, 9 and 10 of part b of annex x to directive 2006/112/ec regarding the supply of services by the liberal professions, the supply of new buildings or the lands on which they stand, the supply of building land and the transport of passengers. finland has shown that the percentages applied to the intermediate base have been stable for the years 2014 to 2016 (points 2 and 10) and 2012 to 2016 (point (9). authorisation to use fixed percentages would further reduce the administrative burden in calculating the vat own resources base for such transactions. finland should therefore be authorised to calculate the vat own resources base using fixed percentages regarding the supply of services by the liberal professions, the supply of new buildings or the lands on which they stand, the supply of building land and the transport of passengers. (4) for reasons of transparency and legal certainty, it is appropriate to limit the applicability of the authorisation in time. (5) decision 96/566/euratom, ec should therefore be amended accordingly, has adopted this decision: article 1 in decision 96/566/euratom, ec the following articles 2a, 2b and 2c are inserted: article 2a by way of derogation from article 2(1) of this decision, for the purpose of calculating the vat own resources base from 1 january 2018 to 31 december 2020, finland is authorised to use 0,0002 % of the intermediate base in respect of transactions referred to in point 2 of part b of annex x to council directive 2006/112/ec (*1). article 2b by way of derogation from article 2(2) of this decision, for the purpose of calculating the vat own resources base from 1 january 2018 to 31 december 2020, finland is authorised to use 0,53 % of the intermediate base in respect of transactions referred to in point 9 of part b of annex x to directive 2006/112/ec. article 2c by way of derogation from article 2(3) of this decision, for the purpose of calculating the vat own resources base from 1 january 2018 to 31 december 2020, finland is authorised to use 0,11 % of the intermediate base in respect of transactions referred to in point 10 of part b of annex x to directive 2006/112/ec. article 2 this decision is addressed to the republic of finland. done at brussels, 30 november 2018. for the commission g nther oettinger member of the commission (1) oj l 155, 7.6.1989, p. 9. (2) council directive 2006/112/ec of 28 november 2006 on the common system of value added tax (oj l 347, 11.12.2006, p. 1). (3) commission decision 96/566/euratom, ec of 11 september 1996 authorising finland not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the vat own resources base (oj l 247, 28.9.1996, p. 43).
name: council implementing decision (cfsp) 2018/1868 of 28 november 2018 implementing decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya type: decision_impl subject matter: european construction; international affairs; civil law; africa date published: 2018-11-29 29.11.2018 en official journal of the european union l 304/32 council implementing decision (cfsp) 2018/1868 of 28 november 2018 implementing decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya the council of the european union, having regard to the treaty on european union, and in particular article 31(2) thereof, having regard to council decision (cfsp) 2015/1333 of 31 july 2015 concerning restrictive measures in view of the situation in libya and repealing decision 2011/137/cfsp (1), and in particular article 12(1) thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 31 july 2015, the council adopted decision (cfsp) 2015/1333. (2) on 16 november 2018, the united nations security council (unsc) committee established pursuant to unsc resolution 1970 (2011) added one person to the list of persons and entities subject to restrictive measures. (3) annexes i and iii to decision (cfsp) 2015/1333 should therefore be amended accordingly, has adopted this decision: article 1 annexes i and iii to decision (cfsp) 2015/1333 are hereby amended as set out in the annex to this decision. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. done at brussels, 28 november 2018. for the council the president j. bogner-strauss (1) oj l 206, 1.8.2015, p. 34. annex the following person is added to the list in annex i to decision (cfsp) 2015/1333: 28. name: 1: salah 2: badi 3: na 4: na title: na designation: senior commander of the armed anti-gna al-somood front, also known as fakhr or pride of libya , and the misratan al marsa central shield brigade dob: na pob: na good quality a.k.a.: na low quality a.k.a.: na nationality: na passport no: na national identification no: na address: na listed on: 16 nov. 2018other information: listed pursuant to paragraphs 15 and 17 of resolution 1970 (travel ban, asset freeze). listed pursuant to paragraph 22 (a) of resolution 1970 (2011), paragraph 4 (a) of resolution 2174 (2014) and paragraph 11 (a) of resolution 2213 (2015). additional information: salah badi has consistently attempted to undermine a political resolution in libya through his support for armed resistance. open source evidence confirms salah badi is a senior commander of the armed anti-gna al-somood front, also known as fakhr or pride of libya , and the misratan al marsa central shield brigade. he has played a leading role in the recent fighting in tripoli which began on 27 august 2018, in which at least 115 people were killed, most of which are civilians. forces under his command were specifically referred to by unsmil when it called on all parties to the fighting to cease acts of violence (and reminded them that targeting civilians and civilian installations is prohibited by ihl). during late 2016 and 2017, salah badi led anti-gna militias in attacks on tripoli in repeated attempts to remove power from the gna and restore the unrecognised national salvation government of khalifa ghwell. on 21 february 2017, badi appeared next to tanks in a youtube video recorded outside the rixos hotel in tripoli, and threatened to confront the unrecognised government of national accord. on 26 and 27 may 2017 fakhr libya ( pride of libya ) forces led by salah badi attacked locations in tripoli including the abu sleem area and airport road. reliable media reports, corroborated by social media, said badi's forces used tanks and heavy artillery in the attack. the following person is added to the list in annex iii to decision (cfsp) 2015/1333: 28. name: 1: salah 2: badi 3: na 4: na title: na designation: senior commander of the armed anti-gna al-somood front, also known as fakhr or pride of libya , and the misratan al marsa central shield brigade dob: na pob: na good quality a.k.a.: na low quality a.k.a.: na nationality: na passport no: na national identification no: na address: na listed on: 16 nov. 2018other information: listed pursuant to paragraphs 15 and 17 of resolution 1970 (travel ban, asset freeze). listed pursuant to paragraph 22 (a) of resolution 1970 (2011), paragraph 4 (a) of resolution 2174 (2014) and paragraph 11 (a) of resolution 2213 (2015). additional information: salah badi has consistently attempted to undermine a political resolution in libya through his support for armed resistance. open source evidence confirms salah badi is a senior commander of the armed anti-gna al-somood front, also known as fakhr or pride of libya , and the misratan al marsa central shield brigade. he has played a leading role in the recent fighting in tripoli which began on 27 august 2018, in which at least 115 people were killed, most of which are civilians. forces under his command were specifically referred to by unsmil when it called on all parties to the fighting to cease acts of violence (and reminded them that targeting civilians and civilian installations is prohibited by ihl). during late 2016 and 2017, salah badi led anti-gna militias in attacks on tripoli in repeated attempts to remove power from the gna and restore the unrecognised national salvation government of khalifa ghwell. on 21 february 2017, badi appeared next to tanks in a youtube video recorded outside the rixos hotel in tripoli, and threatened to confront the unrecognised government of national accord. on 26 and 27 may 2017 fakhr libya ( pride of libya ) forces led by salah badi attacked locations in tripoli including the abu sleem area and airport road. reliable media reports, corroborated by social media, said badi's forces used tanks and heavy artillery in the attack.
name: commission implementing decision (eu) 2018/1855 of 27 november 2018 on greenhouse gas emissions covered by decision no 406/2009/ec of the european parliament and of the council for the year 2016 for each member state type: decision_impl subject matter: environmental policy; economic geography; deterioration of the environment date published: 2018-11-28 28.11.2018 en official journal of the european union l 302/75 commission implementing decision (eu) 2018/1855 of 27 november 2018 on greenhouse gas emissions covered by decision no 406/2009/ec of the european parliament and of the council for the year 2016 for each member state the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 525/2013 of the european parliament and of the council of 21 may 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and union level relevant to climate change and repealing decision no 280/2004/ec (1), and in particular article 19(6) thereof, whereas: (1) decision no 406/2009/ec of the european parliament and of the council (2) lays down annual emission allocations for each member state for each year of the period 2013 to 2020 and a mechanism to annually assess compliance with those limits. member states' annual emission allocations expressed in tonnes of co2 equivalent are contained in commission decision 2013/162/eu (3). the adjustments to the annual emission allocations for each member state are set in commission implementing decision 2013/634/eu (4). (2) article 19 of regulation (eu) no 525/2013 provides for a procedure for the review of member states' greenhouse gas (ghg) emissions inventories for the purpose of assessing compliance with decision no 406/2009/ec. the annual review referred to in article 19(2) of regulation (eu) no 525/2013 was carried out on the basis of the 2016 emissions data reported to the commission in march 2018 in accordance with the procedures laid down in chapter iii of commission implementing regulation (eu) no 749/2014 (5) and annex xvi to that regulation. (3) the total amount of ghg emissions covered by decision no 406/2009/ec for the year 2016 for each member state should take into consideration the technical corrections and revised estimates calculated during the annual review as contained in the final review reports drawn up pursuant to article 35(2) of regulation (eu) no 749/2014. (4) this decision should enter into force on the day of its publication in order to be aligned with the provisions of article 19(7) of regulation (eu) no 525/2013 which sets the date of publication of this decision as the starting point for the four-month period when member states are allowed to use the flexibility mechanisms under decision no 406/2009/ec, has adopted this decision: article 1 the total sum of greenhouse gas emissions covered by decision no 406/2009/ec for each member state for the year 2016 arising from the corrected inventory data upon completion of the annual review referred to in article 19(2) of regulation (eu) no 525/2013 is set out in the annex to this decision. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. done at brussels, 27 november 2018. for the commission the president jean-claude juncker (1) oj l 165, 18.6.2013, p. 13. (2) decision no 406/2009/ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community's greenhouse gas emission reduction commitments up to 2020 (oj l 140, 5.6.2009, p. 136). (3) commission decision 2013/162/eu of 26 march 2013 on determining member states' annual emission allocations for the period from 2013 to 2020 pursuant to decision no 406/2009/ec of the european parliament and of the council (oj l 90, 28.3.2013, p. 106). (4) commission implementing decision 2013/634/eu of 31 october 2013 on the adjustments to member states' annual emission allocations for the period from 2013 to 2020 pursuant to decision no 406/2009/ec of the european parliament and of the council (oj l 292, 1.11.2013, p. 19). (5) commission implementing regulation (eu) no 749/2014 of 30 june 2014 on structure, format, submission processes and review of information reported by member states pursuant to regulation (eu) no 525/2013 of the european parliament and of the council (oj l 203, 11.7.2014, p. 23). annex member state greenhouse gas emissions for the year 2016 covered by decision no 406/2009/ec (tonnes of carbon dioxide equivalent) belgium 74 063 149 bulgaria 25 587 947 czech republic 62 816 957 denmark 33 124 678 germany 454 157 411 estonia 6 218 046 ireland 43 798 177 greece 44 897 200 spain 198 472 205 france 351 924 668 croatia 16 006 813 italy 270 685 435 cyprus 4 111 441 latvia 9 107 440 lithuania 13 921 700 luxembourg 8 524 455 hungary 42 059 940 malta 1 329 995 netherlands 101 333 437 austria 50 618 898 poland 198 664 758 portugal 41 572 594 romania 73 123 042 slovenia 11 236 888 slovakia 19 758 694 finland 31 358 144 sweden 32 612 247 united kingdom 333 899 779
name: council decision (cfsp) 2018/1797 of 19 november 2018 amending and updating decision (cfsp) 2018/340 establishing the list of projects to be developed under pesco type: decision subject matter: cooperation policy; international security; economic geography; european construction; defence date published: 2018-11-21 21.11.2018 en official journal of the european union l 294/18 council decision (cfsp) 2018/1797 of 19 november 2018 amending and updating decision (cfsp) 2018/340 establishing the list of projects to be developed under pesco the council of the european union, having regard to the treaty on european union, in particular article 46(6) thereof, having regard to council decision (cfsp) 2017/2315 of 11 december 2017 establishing permanent structured cooperation (pesco) and determining the list of participating member states (1), having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 11 december 2017 the council adopted decision (cfsp) 2017/2315. (2) point (e) of article 4(2) of decision (cfsp) 2017/2315 provides that the council is to establish the list of projects to be developed under permanent structured cooperation (pesco), reflecting both support for capability development and the provision of substantial support within means and capabilities to common security and defence policy (csdp) operations and missions. (3) on 6 march 2018 the council adopted decision (cfsp) 2018/340 establishing the list of projects to be developed under pesco (2). (4) on 6 march 2018 the council adopted a recommendation concerning a roadmap for the implementation of pesco (3) (the recommendation). (5) paragraph 9 of the recommendation specified that the council should update the list of pesco projects by november 2018 to include the next set of projects, in accordance with the procedure set out in article 5 of decision (cfsp) 2017/2315, which provides in particular that the high representative of the union for foreign affairs and security policy (the high representative) may make a recommendation concerning the identification and evaluation of pesco projects, on the basis of assessments provided by the pesco secretariat, for the council to take a decision, following military advice by the military committee of the european union (eumc). (6) on 25 june 2018 the council adopted decision (cfsp) 2018/909 establishing a common set of governance rules for pesco projects (4). (7) on 11 october 2018 the high representative made a recommendation to the council concerning the identification and evaluation of project proposals in the pesco framework. (8) on 13 november 2018 the political and security committee agreed on the recommendations contained in the eumc military advice on the high representative's recommendation concerning the identification and evaluation of project proposals in the pesco framework. (9) the council should therefore amend and update decision (cfsp) 2018/340, has adopted this decision: article 1 decision (cfsp) 2018/340 is amended as follows: (1) in article 1, the following projects are added to the list: 18. helicopter hot and high training (h3 training) 19. joint eu intelligence school 20. eu test and evaluation centres 21. integrated unmanned ground system (ugs) 22. eu beyond line of sight (blos) land battlefield missile systems 23. deployable modular underwater intervention capability package (divepack) 24. european medium altitude long endurance remotely piloted aircraft system european male rpas (eurodrone) 25. european attack helicopters tiger mark iii 26. counter unmanned aerial system (c-uas) 27. european high atmosphere airship platform (ehaap) persistent intelligence, surveillance and reconnaissance (isr) capability 28. one deployable special operations forces (sof) tactical command and control (c2) command post (cp) for small joint operations (sjo) (socc) for sjo 29. electronic warfare capability and interoperability programme for future joint intelligence, surveillance and reconnaissance (jisr) cooperation 30. chemical, biological, radiological and nuclear (cbrn) surveillance as a service (cbrn saas) 31. co-basing 32. geo-meteorological and oceanographic (geometoc) support coordination element (gmsce) 33. eu radio navigation solution (euras) 34. european military space surveillance awareness network (eu-ssa-n); (2) article 2 is replaced by the following: article 2 the list of the project members of each individual project shall be as set out in annex i.; (3) the following article is inserted: article 2a for information purposes, the consolidated updated list of the project members of each individual project appears in annex ii.; (4) the annex is amended as follows: (a) it is renumbered as annex i; (b) the entries set out in annex i to this decision are added to the table; (5) the text appearing in annex ii to this decision is added as annex ii. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 19 november 2018. for the council the president f. mogherini (1) oj l 331, 14.12.2017, p. 57. (2) oj l 65, 8.3.2018, p. 24. (3) oj c 88, 8.3.2018, p. 1. (4) oj l 161, 26.6.2018, p. 37. annex i project project members 18. helicopter hot and high training (h3 training) greece, italy, romania 19. joint eu intelligence school greece, cyprus 20. eu test and evaluation centres france, sweden, spain, slovakia 21. integrated unmanned ground system (ugs) estonia, belgium, czechia, spain, france, latvia, hungary, netherlands, poland, finland 22. eu beyond line of sight (blos) land battlefield missile systems france, belgium, cyprus 23. deployable modular underwater intervention capability package (divepack) bulgaria, greece, france 24. european medium altitude long endurance remotely piloted aircraft system european male rpas (eurodrone) germany, czechia, spain, france, italy 25. european attack helicopters tiger mark iii france, germany, spain 26. counter unmanned aerial system (c-uas) italy, czechia 27. european high atmosphere airship platform (ehaap) persistent intelligence, surveillance and reconnaissance (isr) capability italy, france 28. one deployable special operations forces (sof) tactical command and control (c2) command post (cp) for small joint operations (sjo) (socc) for sjo greece, cyprus 29. electronic warfare capability and interoperability programme for future joint intelligence, surveillance and reconnaissance (jisr) cooperation czechia, germany 30. chemical, biological, radiological and nuclear (cbrn) surveillance as a service (cbrn saas) austria, france, croatia, hungary, slovenia 31. co-basing france, belgium, czechia, germany, spain, netherlands 32. geo-meteorological and oceanographic (geometoc) support coordination element (gmsce) germany, greece, france, romania 33. eu radio navigation solution (euras) france, belgium, germany, spain, italy 34. european military space surveillance awareness network (eu-ssa-n) italy, france annex ii annex ii consolidated updated list of the project members of each individual project project project members 1. european medical command germany, czechia, spain, france, italy, netherlands, romania, slovakia, sweden 2. european secure software defined radio (essor) france, belgium, germany, spain, italy, netherlands, poland, portugal, finland 3. network of logistic hubs in europe and support to operations germany, belgium, bulgaria, greece, spain, france, croatia, italy, cyprus, hungary, netherlands, poland, slovenia, slovakia 4. military mobility netherlands, belgium, bulgaria, czechia, germany, estonia, greece, spain, france, croatia, italy, cyprus, latvia, lithuania, luxembourg, hungary, austria, poland, portugal, romania, slovenia, slovakia, finland, sweden 5. european union training mission competence centre (eu tmcc) germany, belgium, czechia, ireland, spain, france, italy, luxembourg, netherlands, portugal, austria, romania, sweden 6. european training certification centre for european armies italy, greece 7. energy operational function (eof) france, belgium, spain, italy 8. deployable military disaster relief capability package italy, greece, spain, croatia, austria 9. maritime (semi-) autonomous systems for mine countermeasures (mas mcm) belgium, greece, latvia, netherlands, poland, portugal, romania 10. harbour & maritime surveillance and protection (harmspro) italy, greece, poland, portugal 11. upgrade of maritime surveillance greece, bulgaria, ireland, spain, croatia, italy, cyprus 12. cyber threats and incident response information sharing platform greece, spain, italy, cyprus, hungary, austria, portugal 13. cyber rapid response teams and mutual assistance in cyber security lithuania, estonia, spain, france, croatia, netherlands, poland, romania, finland 14. strategic command and control (c2) system for csdp missions and operations spain, france, germany, italy, portugal 15. armoured infantry fighting vehicle/amphibious assault vehicle/light armoured vehicle italy, greece, slovakia 16. indirect fire support (euroartillery) slovakia, italy 17. eufor crisis response operation core (eufor croc) germany, spain, france, italy, cyprus 18. helicopter hot and high training (h3 training) greece, italy, romania 19. joint eu intelligence school greece, cyprus 20. eu test and evaluation centres france, sweden, spain, slovakia 21. integrated unmanned ground system (ugs) estonia, belgium, czechia, spain, france, latvia, hungary, netherlands, poland, finland 22. eu beyond line of sight (blos) land battlefield missile systems france, belgium, cyprus 23. deployable modular underwater intervention capability package (divepack) bulgaria, greece, france 24. european medium altitude long endurance remotely piloted aircraft system european male rpas (eurodrone) germany, czechia, spain, france, italy 25. european attack helicopters tiger mark iii france, germany, spain 26. counter unmanned aerial system (c-uas) italy, czechia 27. european high atmosphere airship platform (ehaap) persistent intelligence, surveillance and reconnaissance (isr) capability italy, france 28. one deployable special operations forces (sof) tactical command and control (c2) command post (cp) for small joint operations (sjo) (socc) for sjo greece, cyprus 29. electronic warfare capability and interoperability programme for future joint intelligence, surveillance and reconnaissance (jisr) cooperation czechia, germany 30. chemical, biological, radiological and nuclear (cbrn) surveillance as a service (cbrn saas) austria, france, croatia, hungary, slovenia 31. co-basing france, belgium, czechia, germany, spain, netherlands 32. geo-meteorological and oceanographic (geometoc) support coordination element (gmsce) germany, greece, france, romania 33. eu radio navigation solution (euras) france, belgium, germany, spain, italy 34. european military space surveillance awareness network (eu-ssa-n) italy, france
name: commission implementing decision (eu) 2018/1790 of 16 november 2018 repealing decision 2002/623/ec establishing guidance notes on the environmental risk assessment of genetically modified organisms (notified under document c(2018) 7513) (text with eea relevance.) type: decision_impl subject matter: environmental policy; technology and technical regulations; research and intellectual property date published: 2018-11-20 20.11.2018 en official journal of the european union l 293/32 commission implementing decision (eu) 2018/1790 of 16 november 2018 repealing decision 2002/623/ec establishing guidance notes on the environmental risk assessment of genetically modified organisms (notified under document c(2018) 7513) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 2001/18/ec of the european parliament and of the council of 12 march 2001 on the deliberate release into the environment of genetically modified organisms and repealing council directive 90/220/eec (1), and in particular the first paragraph of annex ii thereto, whereas: (1) commission decision 2002/623/ec (2) established guidance notes on the objectives, elements, general principles and methodology of the environmental risk assessment referred to in annex ii to directive 2001/18/ec. (2) extensive supplementary explanations regarding the implementation of annex ii to directive 2001/18/ec have been given in more recent and more detailed guidance documents on the environmental risk assessment of genetically modified organisms (gmos) adopted by the european food safety authority (the authority) and by the european medicines agency (the agency). after the adoption of those more detailed guidance documents, decision 2002/623/ec has progressively lost its added value. (3) commission directive (eu) 2018/350 (3), which amended directive 2001/18/ec, updated annex ii to directive 2001/18/ec by incorporating and building upon the strengthened guidance of the authority on the environmental risk assessment of genetically modified plants, adopted in october 2010 (4), while taking into account that annex ii applies to all gmos and not only to genetically modified plants. decision 2002/623/ec itself served as a basis for the elaboration of the guidance of the authority. as a result, the provisions of annex ii to directive 2001/18/ec are now more detailed and the guidance notes established by decision 2002/623/ec are no longer needed. (4) decision 2002/623/ec should therefore be repealed. (5) decision 2002/623/ec should also be repealed in the interest of simplification in order to reduce the number of guidance documents that must be taken into account by operators and competent authorities when carrying out an environmental risk assessment under annex ii to directive 2001/18/ec. (6) the measures provided for in this decision are in accordance with the opinion of the committee established under article 30(1) of directive 2001/18/ec, has adopted this decision: article 1 decision 2002/623/ec is repealed. article 2 this decision is addressed to the member states. done at brussels, 16 november 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 106, 17.4.2001, p. 1. (2) commission decision 2002/623/ec of 24 july 2002 establishing guidance notes supplementing annex ii to directive 2001/18/ec of the european parliament and of the council on the deliberate release into the environment of genetically modified organisms and repealing council directive 90/220/eec (oj l 200, 30.7.2002, p. 22). (3) commission directive (eu) 2018/350 of 8 march 2018 amending directive 2001/18/ec of the european parliament and of the council as regards the environmental risk assessment of genetically modified organisms (oj l 67, 9.3.2018, p. 30). (4) efsa panel on genetically modified organisms (gmo); guidance on the environmental risk assessment of genetically modified plants. efsa journal 2010; 8(11):1879. [111 pp.]. doi:10.2903/j.efsa.2010.1879.
name: commission implementing decision (eu) 2018/1782 of 15 november 2018 allowing targets in the key performance area of cost-efficiency for the years 2018 and 2019 for air navigation services of romania and portugal to be revised in accordance with article 17(1) of regulation (eu) no 390/2013 (notified under document c(2018) 7486) (text with eea relevance.) type: decision_impl subject matter: international law; air and space transport; europe; marketing; transport policy; organisation of transport; accounting date published: 2018-11-19 19.11.2018 en official journal of the european union l 292/4 commission implementing decision (eu) 2018/1782 of 15 november 2018 allowing targets in the key performance area of cost-efficiency for the years 2018 and 2019 for air navigation services of romania and portugal to be revised in accordance with article 17(1) of regulation (eu) no 390/2013 (notified under document c(2018) 7486) (only the romanian and portuguese texts are authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to commission implementing regulation (eu) no 390/2013 of 3 may 2013 laying down a performance scheme for air navigation services and network functions (1), and in particular article 17(1) thereof, whereas: (1) in accordance with regulation (ec) no 549/2004 of the european parliament and of the council (2), the member states are to adopt national or functional airspace block (fab) plans, including binding national targets or targets at the level of fabs, ensuring consistency with the union-wide performance targets. (2) the commission adopted implementing decision (eu) 2015/348 (3) which established, inter alia, that the local targets in the key performance area of cost-efficiency of romania and portugal included in the performance plan of danube fab and south-west fab, respectively, were consistent with the union-wide performance targets for the second reference period (2015-2019). (3) in 2017, romania and portugal requested, in accordance with article 17(1), in conjunction with article 19(2) of implementing regulation (eu) no 390/2013, permission of the commission to revise their local en route and terminal cost-efficiency targets for the years 2018 and 2019. (4) the documentation submitted by romania and portugal was assessed by the performance review body (prb), which assists the commission in the implementation of the performance scheme pursuant to article 3 of implementing regulation (eu) no 390/2013. the report from the assessment for romania was submitted to the commission on 13 april 2018, and a further update was provided on 31 august 2018. the report from the assessment for portugal was submitted to the commission on 2 august 2018. (5) romania and portugal explained that their services have been affected by changes in traffic flows caused by geopolitical crises and by a more favourable economic development than planned, which were unforeseeable at the time of adoption of the performance plans. in addition, romania and portugal also provided evidence, obtained on the basis of the reports on the monitoring of the performance and additional documents, which in their views demonstrates that the initial assumptions and rationales underlying the setting of the initial targets were no longer valid. (6) with regard to romania, the alert thresholds set for variations between planned and actual traffic in romania, laid down in the performance plan of danube fab, were reached for en route traffic for the years 2015 and 2017 and for terminal traffic for the years 2016 and 2017. actual en route traffic was 13,9 % above planned in 2015 and 12,7 % above planned in 2017. actual terminal traffic was 17,5 % above planned in 2016 and 23,3 % above planned in 2017. the unavailability of flight planning of major portions of the eastern part of the ukrainian airspace and of the black sea created significant shifts in traffic flows. although it occurred in 2014, this crisis lasted longer and had further reaching implications for traffic in the romanian airspace than originally foreseen. the traffic flows in the romanian airspace were also impacted by the reduction of traffic demand between the russian federation and turkey, as well as mutual interdiction of overflights of aircraft registered respectively by ukraine and the russian federation. in addition, better than foreseen economic development in romania led to significant increases in terminal traffic. for example, at the bucharest airport, the number of movements of the three biggest low cost operators increased by 216 % during the years 2014 to 2017. the commission therefore considers that the alert thresholds were reached due to circumstances that were unforeseeable at the time of adoption of the performance plan and are both insurmountable and beyond the control of romania and that the conditions of point (b) of article 17(1) and article 19(2) of implementing regulation (eu) no 390/2013 have been met. (7) with regard to portugal, the alert thresholds set for variations between planned and actual traffic in portugal, laid down in the performance plan of south-west fab, were reached for en route and terminal traffic for the years 2016 and 2017. actual en route traffic was 13 % above planned in 2016 and 21 % above planned in 2017. actual terminal traffic was 16,2 % above planned in 2016 and 28,9 % above planned in 2017. political instability in the north african region shifted leisure traffic to different destinations, including portugal and the canary islands, which resulted in an increase of en route traffic in the portuguese airspace. in addition, unforeseen growth in the operations of low cost and charter carriers, showing double digit growth rates between 2014 and 2017, led to significant increases in terminal traffic. the commission therefore considers that the alert thresholds were reached due to circumstances that were unforeseeable at the time of adoption of the performance plan and are both insurmountable and beyond the control of portugal and that the conditions of point (b) of article 17(1) and article 19(2) of implementing regulation (eu) no 390/2013 have been met. (8) in addition, the cost assumptions of romania, in particular in relation to staffing, laid down in the performance plan of danube fab, are no longer valid in view of the increase in traffic and increase in traffic complexity resulting from a higher concentration of traffic flows. indeed, in spring 2016, changes in the airspace structure at the interface between romania, bulgaria and turkey were deemed necessary to accommodate the displacement in traffic flows, which in turn resulted in higher traffic complexity in the northern part of the romanian airspace. the commission therefore considers that the initial data, assumptions and rationales, as regards costs, underlying the setting of the initial targets in the key performance area of cost-efficiency are no longer valid and that conditions of point (a) of article 17(1) of implementing regulation (eu) no 390/2013 have been met. (9) in addition, the cost assumptions of portugal, in particular in relation to staffing, laid down in the performance plan of south-west fab, are no longer valid in view of the increase in traffic. indeed, measures agreed for the capacity plan of the portuguese air navigation service provider to mitigate the impact of traffic increase requires an important number of additional staff. the commission therefore considers that the initial data, assumptions and rationales, as regards costs, underlying the setting of the initial targets in the key performance area of cost-efficiency are no longer valid and that conditions of point (a) of article 17(1) of implementing regulation (eu) no 390/2013 have been met. (10) based on the assessment of documentation received, the commission considers that romania and portugal provided sufficient evidence to support the request to revise their local cost-efficiency targets for the years 2018 and 2019. (11) romania and portugal are therefore allowed to revise their local targets in the key performance area of cost-efficiency, for en route and terminal air navigation services, for the years 2018 and 2019, to the extent necessary to address the circumstances causing that the alert thresholds were reached and based on the evidence that the initial data, assumptions and rationales underlying the setting of the initial targets were no longer valid. (12) in accordance with implementing regulation (eu) no 390/2013, after having been allowed by the commission to revise the relevant targets, romania and portugal may revise those targets and should submit amended performance plans, based on the revised targets, for the commission's assessment of their consistency with the union-wide targets for the second reference period. (13) the measures provided for in this decision are in accordance with the opinion of the single sky committee, has adopted this decision: article 1 romania and portugal may revise their local targets in the key performance area of cost-efficiency for en route and terminal services for the years 2018 and 2019. where they decide to do so, they shall submit respectively the amended performance plan of the danube functional airspace block and the amended performance plan of the south-west functional airspace block, laying down those revised local targets. article 2 this decision is addressed to romania and to the republic of portugal. done at brussels, 15 november 2018. for the commission violeta bulc member of the commission (1) oj l 128, 9.5.2013, p. 1. (2) regulation (ec) no 549/2004 of the european parliament and of the council of 10 march 2004 laying down the framework for the creation of the single european sky (the framework regulation) (oj l 96, 31.3.2004, p. 1). (3) commission implementing decision (eu) 2015/348 of 2 march 2015 concerning the consistency of certain targets included in the national or functional airspace block plans submitted pursuant to regulation (ec) no 549/2004 of the european parliament and of the council with the union-wide performance targets for the second reference period (oj l 60, 4.3.2015, p. 55).
name: commission implementing decision (eu) 2018/1732 of 30 october 2018 setting up the european plate observing system european research infrastructure consortium (epos eric) (notified under document c(2018) 7011) (text with eea relevance.) type: decision_impl subject matter: research and intellectual property; european construction; natural and applied sciences; international affairs; economic geography; legal form of organisations; eu institutions and european civil service date published: 2018-11-16 16.11.2018 en official journal of the european union l 288/10 commission implementing decision (eu) 2018/1732 of 30 october 2018 setting up the european plate observing system european research infrastructure consortium (epos eric) (notified under document c(2018) 7011) (only the danish, dutch, english, french, german, greek, italian, portuguese and slovenian texts are authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council regulation (ec) no 723/2009 of 25 june 2009 on the community legal framework for a european research infrastructure consortium (eric) (1), and in particular point (a) of article 6(1) thereof, whereas: (1) belgium, denmark, france, italy, the netherlands, norway, portugal, slovenia, and the united kingdom requested the commission to set up the european plate observing system european research infrastructure consortium (epos eric). greece, iceland and switzerland have made known their decision to participate in epos eric initially as observers. they have agreed that italy will be the host member state of epos eric. (2) since the united kingdom notified on 29 march 2017 its intention to leave the union, pursuant to article 50 of the treaty on european union, the treaties will cease to apply to the united kingdom from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification, unless the european council, in agreement with the united kingdom, decides to extend that period. as a consequence, after the withdrawal date, and without prejudice to any provisions of the withdrawal agreement, the uk will be considered a third country within the meaning of article 2(b) of regulation (ec) no 723/2009 for the purposes of this implementing decision. (3) regulation (ec) no 723/2009 has been incorporated in the agreement on the european economic area (eea) by decision of the eea joint committee no 72/2015 (2). (4) the commission has, pursuant to article 5(2) of regulation (ec) no 723/2009, assessed the application and concluded that it meets the requirements set out in that regulation. (5) the measures provided for in this decision are in accordance with the opinion of the committee established by article 20 of regulation (ec) no 723/2009, has adopted this decision: article 1 1. the european plate observing system european research infrastructure consortium named epos eric is set up. 2. the essential elements of the statutes of epos eric are set out in the annex. article 2 this decision is addressed to the kingdom of belgium, the kingdom of denmark, the hellenic republic, the french republic, iceland, the italian republic, the kingdom of netherlands, the kingdom of norway, the portuguese republic, the republic of slovenia, the swiss confederation and the united kingdom of great britain and northern ireland. done at brussels, 30 october 2018. for the commission carlos moedas member of the commission (1) oj l 206, 8.8.2009, p. 1. (2) decision of the eea joint committee no 72/2015 of 20 march 2015 amending protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms [2016/755] (oj l 129, 19.5.2016, p. 85). annex essential elements of the statutes of epos eric the following articles and paragraphs of the articles of the statutes of epos eric provide for the essential elements in accordance with article 6(3) of council regulation (ec) no 723/2009. 1. tasks and activities (article 3 of the statutes of epos eric) 1. the principal task of epos eric shall be to establish and operate the distributed european plate observing system and to provide an effective governance framework to drive the integration and coordination of the thematic core services (tcs) and build and provide governance for the integrated core services (ics). 2. epos eric shall carry out the following activities: (a) implementing tcs for the diverse communities contributing to epos; (b) ensuring tcs coordination within epos eric, covering legal, governance and financial aspects, and technical connection to ics; (c) developing the ics to provide interoperability, data management and access to services; (d) harmonising the epos implementation with national priorities and strategies; (e) integrating epos in the global science community to enhance the epos services; (f) ensuring full exploitation of the achievement of the new research infrastructure; (g) fostering training, outreach and international cooperation; (h) participating in eu-funded projects; (i) any other related action necessary to achieve its aim. 3. epos eric shall pursue its principal task on a non-economic basis. epos eric may carry out limited economic activities provided that they are closely related to its principal task and that they do not jeopardise the achievement thereof. 4. epos eric shall record the costs and revenues of its economic activities separately and shall charge market prices for them, or, if these cannot be ascertained, full costs plus a reasonable margin. these activities shall not be covered by tax exemptions. 2. statutory seat of epos eric (article 2(3) of the statutes of epos eric) epos-eric shall have its statutory seat in rome, italy. 3. name (article 2(1) of the statutes of epos eric) the european plate observing system is set up as a european research infrastructure consortium (eric) under regulation (ec) no 723/2009, named and hereinafter referred to as epos-eric. 4. duration (article 26 of the statutes of epos eric) epos-eric shall be established for an initial period of 20 years. that period may be extended by a two-thirds majority decision of the general assembly. 5. winding-up (article 27 of the statutes of epos eric) 1. the winding-up of epos-eric shall be decided by the general assembly in accordance with article 10 of the statutes. 2. without undue delay and in any event within 10 days after adoption of the decision to wind up epos eric, epos eric shall notify the european commission about the decision. 3. assets remaining after payment of epos eric debts shall be apportioned among the members in proportion to their accumulated annual contribution to epos-eric as specified in article 9 of the statutes. 4. without undue delay and in any event within 10 days of the closure of the winding-up procedure, epos eric shall notify the commission thereof. 5. epos eric shall cease to exist on the day on which the european commission publishes the appropriate notice in the official journal of the european union. 6. liability (article 18 of the statutes of epos eric) 1. epos eric shall be liable for its debts. 2. the members are not jointly liable for the debts of epos eric. the members' and permanent observers' financial liability for the debts of epos eric shall be limited to their respective contribution provided to epos eric as specified in article 9 of the statutes. 3. epos-eric shall take appropriate insurance to cover the risks specific to the construction and operation of the epos-eric. 7. access policy (article 19 of the statutes of epos eric) 1. epos eric data access policy shall follow the best international practices with respect to public data, such as those established by the european union and shall recognise the rights of the owners of data. 2. epos eric shall be a facilitator of research and shall, as a general rule, encourage open access following the fair principles to research data, data products, services and software, as well as research facilities. 3. where there are differences in policies relating to data sharing and physical access rules, epos eric will encourage a culture of openness and sharing within public research communities and within members, observers and beyond. access shall be based on open access principles following criteria, procedure, and modalities defined in the epos eric implementing rules. 4. procedures and evaluation criteria shall be made publicly available on the epos eric website. 8. scientific evaluation policy (article 20 of the statutes of epos eric) the activities of epos-eric shall be evaluated every 5 years by an independent panel of international, external evaluators of the highest quality, appointed by and reporting to the general assembly; the panel shall carry out scientific evaluations of the activities of epos eric. 9. dissemination policy (article 21 of the statutes of epos eric) 1. epos eric shall encourage researchers to make their research results publicly available also through epos eric. 2. epos eric shall use multiple channels to reach the target audiences, including web portal, newsletter, workshops, presence in conferences, articles in magazines and news media. 10. intellectual property rights (article 22 of the statutes of epos eric) 1. the term intellectual property (ip) shall be understood in accordance with article 2 of the convention establishing the world intellectual property organisation signed on 14 july 1967. 2. the intellectual property rights of epos eric data and other knowledge produced and developed within the activities of epos eric shall belong to the entity/ies or to the person/s that/who has generated it. 3. the exchange and integration of intellectual property between members or representing entities shall be subject to the implementing rules approved by the general assembly. the implementing rules shall also address terms of confidentiality of the exchanged data. 4. intellectual property generated as a result of activities funded exclusively by epos eric shall be the property of epos eric. 5. epos eric shall comply with applicable legislation on data and privacy protection. 11. employment policy (article 23 of the statutes of epos eric) 1. epos eric employment policy shall be governed by the laws of the country in which staff is employed and habitually carries out its work. 2. the selection procedures, recruitment and employment for epos eric staff positions shall be transparent, non-discriminatory and respect equal opportunities. all positions in epos eric shall be announced publicly. 12. procurement policy (article 24 of the statutes of epos eric) 1. epos eric shall treat procurement candidates and tenderers equally and without discrimination. epos eric procurement policy shall respect the principles of transparency, non-discrimination and competition. detailed rules on procurement procedures and criteria shall be set out in the implementing rules. 2. procurement by members and observers concerning epos eric activities shall be done in such a way that due consideration is given to epos eric needs, technical requirements and specifications issued by the relevant bodies.
name: council decision (eu) 2018/1715 of 12 november 2018 on the financial contributions to be paid by member states to finance the european development fund, including the ceiling for 2020, the annual amount for 2019, the first instalment for 2019 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2021 and 2022 type: decision subject matter: economic geography; eu institutions and european civil service; cooperation policy; eu finance; budget date published: 2018-11-14 14.11.2018 en official journal of the european union l 286/30 council decision (eu) 2018/1715 of 12 november 2018 on the financial contributions to be paid by member states to finance the european development fund, including the ceiling for 2020, the annual amount for 2019, the first instalment for 2019 and an indicative and non-binding forecast for the expected annual amounts of contributions for the years 2021 and 2022 the council of the european union, having regard to the treaty on european union and to the treaty on the functioning of the european union, having regard to the internal agreement between the representatives of the governments of the member states of the european union, meeting within the council, on the financing of european union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the acp-eu partnership agreement and on the allocation of financial assistance for the overseas countries and territories to which part four of the treaty on the functioning of the european union applies (1), and in particular article 7(2) thereof, having regard to council regulation (eu) 2015/323 of 2 march 2015 on the financial regulation applicable to the 11th european development fund (2), and in particular article 21(2) thereof, having regard to the proposal from the european commission, whereas: (1) in accordance with the procedure laid down in article 21(2) of regulation (eu) 2015/323, the commission is to present a proposal by 15 october 2018 specifying: (a) the ceiling amount of the contribution for 2020; (b) the annual amount of the contribution for 2019; (c) the amount of the first instalment of the contribution for 2019; and (d) an indicative, non-binding forecast for the expected annual amounts of contributions for the years 2021-2022. (2) in accordance with article 52 of regulation (eu) 2015/323, the european investment bank (eib) sent to the commission its updated estimates of commitments and payments under the instruments it manages. (3) article 22(1) of regulation (eu) 2015/323 provides that calls for contributions first use up the amounts provided for in previous european development funds (edfs). therefore, a call for funds under the 10th edf for the eib and 11th edf for the commission should be made. (4) council decision (eu) 2017/2171 (3) has set out the ceiling for the annual amount of the member states' edf contributions for 2019 at eur 4 600 000 000 for the commission, and at eur 300 000 000 for the eib, has adopted this decision: article 1 the ceiling for the annual amount of the member states' edf contributions for 2020 is hereby set at eur 4 900 000 000. it shall be divided into eur 4 600 000 000 for the commission, and eur 300 000 000 for the eib. article 2 the annual amount of the member states' edf contributions for 2019 is hereby set at eur 4 700 000 000. it shall be divided into eur 4 400 000 000 for the commission, and eur 300 000 000 for the eib. article 3 the individual edf contributions to be paid by the member states to the commission and the eib as the first instalment for 2019 are provided for in the table set out in the annex. article 4 the indicative non-binding forecast for the expected annual amount of contributions for 2021 is hereby set at eur 4 000 000 000 for the commission and at eur 300 000 000 for the eib, and that for 2022 at eur 3 500 000 000 for the commission and eur 400 000 000 for the eib. article 5 this decision shall enter into force on the date of its adoption. done at brussels, 12 november 2018. for the council the president g. bl mel (1) oj l 210, 6.8.2013, p. 1. (2) oj l 58, 3.3.2015, p. 17. (3) council decision (eu) 2017/2171 of 20 november 2017 on the financial contribution to be paid by member states to finance the european development fund, including the ceiling for 2019, the annual amount for 2018, the first instalment for 2018 and an indicative and non-binding forecast for the expected annual amounts for the years 2020 and 2021 (oj l 306, 22.11.2017, p. 21). annex member states key 10th edf % key 11th edf % 1st instalment 2019 (eur) total commission eib 11th edf 10th edf belgium 3,53 3,24927 64 985 400,00 3 530 000,00 68 515 400,00 bulgaria 0,14 0,21853 4 370 600,00 140 000,00 4 510 600,00 czechia 0,51 0,79745 15 949 000,00 510 000,00 16 459 000,00 denmark 2,00 1,98045 39 609 000,00 2 000 000,00 41 609 000,00 germany 20,50 20,57980 411 596 000,00 20 500 000,00 432 096 000,00 estonia 0,05 0,08635 1 727 000,00 50 000,00 1 777 000,00 ireland 0,91 0,94006 18 801 200,00 910 000,00 19 711 200,00 greece 1,47 1,50735 30 147 000,00 1 470 000,00 31 617 000,00 spain 7,85 7,93248 158 649 600,00 7 850 000,00 166 499 600,00 france 19,55 17,81269 356 253 800,00 19 550 000,00 375 803 800,00 croatia 0,00 0,22518 4 503 600,00 0,00 4 503 600,00 italy 12,86 12,53009 250 601 800,00 12 860 000,00 263 461 800,00 cyprus 0,09 0,11162 2 232 400,00 90 000,00 2 322 400,00 latvia 0,07 0,11612 2 322 400,00 70 000,00 2 392 400,00 lithuania 0,12 0,18077 3 615 400,00 120 000,00 3 735 400,00 luxembourg 0,27 0,25509 5 101 800,00 270 000,00 5 371 800,00 hungary 0,55 0,61456 12 291 200,00 550 000,00 12 841 200,00 malta 0,03 0,03801 760 200,00 30 000,00 790 200,00 netherlands 4,85 4,77678 95 535 600,00 4 850 000,00 100 385 600,00 austria 2,41 2,39757 47 951 400,00 2 410 000,00 50 361 400,00 poland 1,30 2,00734 40 146 800,00 1 300 000,00 41 446 800,00 portugal 1,15 1,19679 23 935 800,00 1 150 000,00 25 085 800,00 romania 0,37 0,71815 14 363 000,00 370 000,00 14 733 000,00 slovenia 0,18 0,22452 4 490 400,00 180 000,00 4 670 400,00 slovakia 0,21 0,37616 7 523 200,00 210 000,00 7 733 200,00 finland 1,47 1,50909 30 181 800,00 1 470 000,00 31 651 800,00 sweden 2,74 2,93911 58 782 200,00 2 740 000,00 61 522 200,00 united kingdom 14,82 14,67862 293 572 400,00 14 820 000,00 308 392 400,00 total eu-28 100,00 100,00 2 000 000 000,00 100 000 000,00 2 100 000 000,00
name: commission implementing decision (eu) 2018/1669 of 6 november 2018 repealing decision 2006/80/ec granting certain member states the derogation provided for in article 3(2) of council directive 92/102/eec on the identification and registration of animals (notified under document c(2018) 7239) type: decision_impl subject matter: europe; means of agricultural production; farming systems; european union law; agricultural policy date published: 2018-11-08 8.11.2018 en official journal of the european union l 278/28 commission implementing decision (eu) 2018/1669 of 6 november 2018 repealing decision 2006/80/ec granting certain member states the derogation provided for in article 3(2) of council directive 92/102/eec on the identification and registration of animals (notified under document c(2018) 7239) (only the czech, french, italian, portuguese, slovakian and slovenian text is authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 2008/71/ec of 15 july 2008 on the identification and registration of pigs (1), and in particular article 3(2) thereof, whereas: (1) directive 2008/71/ec sets out the minimum requirements for the identification and registration of pigs. (2) pursuant to article 3(1) of directive 2008/71/ec, member states are to ensure that the competent authority has an up-to-date list of all the holdings which keep animals covered by that directive and are situated on their territory. (3) article 3(2) of directive 2008/71/ec provides the possibility to authorise member states to exclude from the list of holdings required by article 3(1) of that directive natural persons who keep one single pig which is intended for their own use or consumption, provided that this animal is subjected to the controls laid down in that directive before any movement. (4) commission decision 2006/80/ec (2) authorises the czech republic, france, italy, portugal, slovenia and slovakia to apply the derogation now provided for in article 3(2) of directive 2008/71/ec as regards holdings with one single pig. the czech republic, france, italy, portugal, slovenia and slovakia have confirmed that they no longer apply the derogation provided for in article 3(2) of directive 2008/71/ec as regards holdings with one single pig. (5) decision 2006/80/ec should therefore be repealed. (6) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 decision 2006/80/ec is repealed. article 2 this decision is addressed to the czech republic, to the french republic, to the italian republic, to the portuguese republic, to the republic of slovenia and to the slovak republic. done at brussels, 6 november 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 213, 8.8.2008, p. 31. (2) commission decision 2006/80/ec of 1 february 2006 granting certain member states the derogation provided for in article 3(2) of council directive 92/102/eec on the identification and registration of animals (oj l 36, 8.2.2006, p. 50).
name: political and security committee decision (cfsp) 2018/1662 of 25 october 2018 extending the mandate of the head of mission of the european union advisory mission for civilian security sector reform ukraine (euam ukraine) (euam ukraine/1/2018) type: decision subject matter: european construction; politics and public safety; europe date published: 2018-11-08 8.11.2018 en official journal of the european union l 278/18 political and security committee decision (cfsp) 2018/1662 of 25 october 2018 extending the mandate of the head of mission of the european union advisory mission for civilian security sector reform ukraine (euam ukraine) (euam ukraine/1/2018) 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 2014/486/cfsp of 22 july 2014 on the european union advisory mission for civilian security sector reform ukraine (euam ukraine) (1), and in particular article 7(1) thereof, whereas: (1) pursuant to decision 2014/486/cfsp, the political and security committee (psc) is authorised, in accordance with article 38 of the treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the european union advisory mission for civilian security sector reform ukraine (euam ukraine), including the decision to appoint a head of mission. (2) on 07 january 2016, the psc adopted decision (cfsp) 2016/49 (2), appointing mr kstutis lan inskas as head of mission of euam ukraine from 1 february 2016 to 31 january 2017. (3) on 10 january 2017, the psc adopted decision (cfsp) 2017/113 (3), extending the mandate of kstutis lan inskas as head of mission of euam ukraine from 1 february 2017 to 30 november 2017. (4) on 10 november 2017, the psc adopted decision (cfsp) 2017/2106 (4), extending the mandate of kstutis lan inskas as head of mission of euam ukraine from 1 december 2017 to 30 november 2018. (5) the high representative of the union for foreign affairs and security policy has proposed to extend the mandate of kstutis lan inskas as head of mission of euam ukraine from 1 december 2018 to 31 may 2019, has adopted this decision: article 1 the mandate of kstutis lan inskas as head of mission of euam ukraine is hereby extended until 31 may 2019. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 25 october 2018. for the political and security committee the chairperson s. from-emmesberger (1) oj l 217, 23.7.2014, p. 42. (2) political and security committee decision (cfsp) 2016/49 of 7 january 2016 on the appointment of the head of mission of the european union advisory mission for civilian security sector reform ukraine (euam ukraine) (euam ukraine/1/2016) (oj l 12, 19.1.2016, p. 47). (3) political and security committee decision (cfsp) 2017/113 of 10 january 2017 extending the mandate of the head of mission of the european union advisory mission for civilian security sector reform ukraine (euam ukraine) (euam ukraine/1/2017) (oj l 18, 24.1.2017, p. 48). (4) political and security committee decision (cfsp) 2017/2106 of 10 november 2017 extending the mandate of the head of mission of the european union advisory mission for civilian security sector reform ukraine (euam ukraine) (euam ukraine/2/2017) (oj l 303, 18.11.2017, p. 10).
name: council decision (eu, euratom) 2018/1665 of 6 november 2018 appointing a member, proposed by the grand duchy of luxembourg, of the european economic and social committee type: decision subject matter: europe; eu institutions and european civil service date published: 2018-11-08 8.11.2018 en official journal of the european union l 278/23 council decision (eu, euratom) 2018/1665 of 6 november 2018 appointing a member, proposed by the grand duchy of luxembourg, of the european economic and social committee 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 treaty establishing the european atomic energy community, and in particular article 106a thereof, having regard to the proposal of the luxembourg government, having regard to the opinion of the european commission, whereas: (1) on 18 september 2015 and 1 october 2015, the council adopted decisions (eu, euratom) 2015/1600 (1) and (eu, euratom) 2015/1790 (2) appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020. (2) a member's seat on the european economic and social committee has become vacant following the end of the mandate of mr christophe hansen, has adopted this decision: article 1 ms claudine otto, conseiller en affaires europ ennes, avis et affaires juridiques la chambre de commerce, 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 2020. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 6 november 2018. for the council the president h. l ger (1) council decision (eu, euratom) 2015/1600 of 18 september 2015 appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020 (oj l 248, 24.9.2015, p. 53). (2) council decision (eu, euratom) 2015/1790 of 1 october 2015 appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020 (oj l 260, 7.10.2015, p. 23).
name: commission implementing decision (eu) 2018/1635 of 30 october 2018 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (notified under document c(2018) 7333) (text with eea relevance.) type: decision_impl subject matter: europe; international trade; means of agricultural production; regions of eu member states; agricultural policy; agricultural activity date published: 2018-10-31 31.10.2018 en official journal of the european union l 272/38 commission implementing decision (eu) 2018/1635 of 30 october 2018 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (notified under document c(2018) 7333) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(4) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(4) thereof, having regard to council directive 2002/99/ec of 16 december 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (3), and in particular article 4(3) thereof, whereas: (1) commission implementing decision 2014/709/eu (4) lays down animal health control measures in relation to african swine fever in certain member states, where there have been confirmed cases of that disease in domestic or feral pigs (the member states concerned). the annex to that implementing decision demarcates and lists certain areas of the member states concerned in parts i to iv thereof, differentiated by the level of risk based on the epidemiological situation as regards that disease. the annex to implementing decision 2014/709/eu has been amended several times to take account of changes in the epidemiological situation in the union as regards african swine fever that need to be reflected in that annex. the annex to implementing decision 2014/709/eu was last amended by commission implementing decision (eu) 2018/1576 (5), following recent instances of african swine fever in latvia, lithuania, poland and romania. (2) the risk of the spread of african swine fever in wildlife is linked to the natural slow spread of that disease among feral pig populations, and also the risks linked to human activity, as demonstrated by the recent epidemiological evolution of that disease in the union, and as documented by the european food safety authority (efsa) in the scientific opinion of the panel on animal health and welfare, published on 14 july 2015; in the scientific report of efsa on epidemiological analyses on african swine fever in the baltic countries and poland, published on 23 march 2017; and in the scientific report of efsa on epidemiological analyses of african swine fever in the baltic states and poland, published on 8 november 2017 (6). (3) since the date of adoption of implementing decision (eu) 2018/1576, the epidemiological situation in the union has evolved as regards african swine fever, and there have been further instances of that disease that need to be reflected in the annex to implementing decision 2014/709/eu. (4) in october 2018, one case of african swine fever in a feral pig was observed in the province of silistra in bulgaria. this case of african swine fever in a feral pig constitutes an increased level of risk which should be reflected in the annex to implementing decision 2014/709/eu. accordingly, this area of bulgaria affected by african swine fever should be listed in part ii of that annex. (5) in october 2018, an outbreak of african swine fever in domestic pigs was observed in the county of maramure in romania. this outbreak of african swine fever in domestic pigs constitutes an increased level of risk which should be reflected in the annex to implementing decision 2014/709/eu. accordingly, this area of romania affected by african swine fever should now be listed in part iii of that annex instead of in part i thereof. given that part iii of the annex to implementing decision 2014/709/eu lists the areas where the situation is still evolving and dynamic, when any areas are listed in that part, particular consideration must always be given to the effect on the surrounding areas. (6) in order to take account of recent developments in the epidemiological evolution of african swine fever in the union, and in order to combat the risks associated with the spread of that disease in a proactive manner, new high-risk areas of a sufficient size should be demarcated for bulgaria and romania and duly listed in parts i, ii and iii of the annex to implementing decision 2014/709/eu. the annex to implementing decision 2014/709/eu should therefore be amended accordingly. (7) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 the annex to implementing decision 2014/709/eu is replaced by the text set out in the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 30 october 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) oj l 18, 23.1.2003, p. 11. (4) commission implementing decision 2014/709/eu of 9 october 2014 concerning animal health control measures relating to african swine fever in certain member states and repealing implementing decision 2014/178/eu (oj l 295, 11.10.2014, p. 63). (5) commission implementing decision (eu) 2018/1576 of 18 october 2018 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (oj l 262, 19.10.2018, p. 71). (6) efsa journal 2015;13(7):4163; efsa journal 2017;15(3):4732; efsa journal 2017;15(11):5068. annex the annex to implementing decision 2014/709/eu is replaced by the following: annex part i 1. bulgaria the following areas in bulgaria: in silistra region: within municipality of alfatar: bistra, alekovo, within municipality of dulovo: kolobar, varbina, kozyak, mezhden, chukovetz, tzar asen, cherkovna, dulovo, chernik, poroyno, vodno, chernolik, within municipality of sitovo: sitovo, yastrebno, slatina, within municipality of silistra: bradvari, zlatoklas, yordanovo, profesor ishirkovo, kazimir, babuk, sarpovo, smiletz, tzenovich, polkovnik lambrinovo, srebarna, aydemir, silistra, kalipetrovo, in dobrich region: within municipality of general toshevo: rosen, krasen, zhiten, snop, gradini, within municipality of krushari: severnyak, abrit, dobrin, alexandria, polkovnik dyakovo, zagortzi, krushartzi, bistretz, telerig, lozenetz, within municipality of tervel: onogur, balik, ngelariy, sarnetz, bozhan, popgruevo, kochmar, guslar, mali izvor, ervel, bonevo, voynikovo, bezmer, chestimensko, profesor zlatarski, kableshkovo, glavantzi, nova kamena, kladentzi, gradnitza, within municipality of dobrich: kragulevo, dobrevo, cherna, pchelnik, zhitnitza, polkovnik ivanovo, hitovo, vodnyantzi, feldfebel denkovo (dyankovo), podslon, geshanovo. 2. the czech republic the following areas in the czech republic: okres uhersk hradi t , okres krom , okres vset n, katastr ln zem obc v okrese zl n: b lov, biskupice u luha ovic, bohuslavice nad vl , brumov, bylnice, divnice, dobrkovice, doln lhota u luha ovic, drnovice u vala sk ch klobouk, halenkovice, haluzice, hr dek na vl rsk dr ze, h iv n v jezd, jest ab nad vl , ka ovice u luha ovic, keln ky, kladn - il n, kochavec, kom rov u napajedel, k ekov, lipina, lipov u slavi na, ludkovice, luha ovice, machov , miro ov u vala sk ch klobouk, myslo ovice, napajedla, n vojn , neda ov, neda ova lhota, nev ov , otrokovice, petr vka u slavi na, poho elice u napajedel, polichno, popov nad vl , pote , pozlovice, rokytnice u slavi na, rudimov, etechov, sazovice, sidonie, slavi n, smolina, spytihn v, svat t p n, anov, arovy, t tn nad vl , tichov, tluma ov na morav , vala sk klobouky, velk o echov, vlachova lhota, vlachovice, vrb tice, lutava. 3. estonia the following areas in estonia: hiiu maakond. 4. hungary the following areas in hungary: borsod-aba j-zempl n megye 650100, 650200, 650300, 650400, 650500, 650600, 650700, 650800, 650900, 651000, 651100, 651200, 651300, 651400, 651500, 651610, 651700, 651801, 651802, 651803, 651900, 652000, 652100, 652200, 652300, 652400, 652500, 652601, 652602, 652603, 652700, 652800, 652900, 653000, 653100, 653200, 653300, 653401, 653403, 653500, 653600, 653700, 653800, 653900, 654000, 654201, 654202, 654301, 654302, 654400, 654501, 654502, 654600, 654700, 654800, 654900, 655000, 655100, 655200, 655300, 655400, 655500, 655600, 655700, 655800, 655901, 655902, 656000, 656100, 656200, 656300, 656400, 656600, 657300, 657400, 657500, 657600, 657700, 657800, 657900, 658000, 658100, 658201, 658202, 658310, 658403, 659100, 659210, 659220, 659300, 659400, 659500, 659601, 659602, 659701, 659800, 659901, 660000, 660100, 660200, 660400, 660501, 660502, 660600 s 660800 k dsz m vadgazd lkod si egys geinek teljes ter lete, hajd -bihar megye 900150, 900250, 900350, 900450, 900550, 900650, 900660, 900670, 900750, 900850, 900860, 900930, 900950, 901050, 901150, 901250, 901260, 901270, 901350, 901560, 901590, 901850, 901950, 902950, 902960, 903050, 903150, 903250, 903350, 903360, 903370, 903450, 904450, 904460, 904550, 904650, 904750, 904760, 905450 s 905550 k dsz m vadgazd lkod si egys geinek teljes ter lete, heves megye 700150, 700250, 700260, 700350, 700450, 700460, 700550, 700650, 700750, 700850, 702350, 702450, 702550, 702750, 702850, 703350, 703360, 703450, 703550, 703610, 703750, 703850, 703950, 704050, 704150, 704250, 704350, 704450, 704550, 704650, 704750, 704850, 704950, 705050, 705250, 705350, 705510 s 705610 k dsz m vadgazd lkod si egys geinek teljes ter lete, j sz-nagykun-szolnok megye 750150, 750160, 750250, 750260, 750350, 750450, 750460, 750550, 750650, 750750, 750850, 750950 s 750960 k dsz m vadgazd lkod si egys geinek teljes ter lete, n gr d megye 550120, 550130, 550210, 550710, 550810, 551450, 551460, 551550, 551650, 551710, 552010, 552150, 552250, 552350, 552360, 552450, 552460, 552520, 552550, 552610, 552620, 552710, 552850, 552860, 552950, 552960, 552970, 553050, 553110, 553250, 553260, 553350, 553650, 553750, 553850, 553910 s 554050 k dsz m vadgazd lkod si egys geinek teljes ter lete, pest megye 571250, 571350, 571550, 571610, 571750, 571760, 572250, 572350, 572550, 572850, 572950, 573360, 573450, 580050 s 580450 k dsz m vadgazd lkod si egys geinek teljes ter lete, szabolcs-szatm r-bereg megye 850650, 850850, 851851, 851852, 851950, 852350, 852450, 852550, 852750, 853560, 853650, 853751, 853850, 853950, 853960, 854050, 854150, 854250, 854350, 855250, 855350, 855450, 855460, 855550, 855650, 855660, 855750, 855850, 855950, 855960, 856012, 856050, 856150, 856260, 857050, 857150, 857350 s 857450 k dsz m vadgazd lkod si egys geinek teljes ter lete. 5. latvia the following areas in latvia: aizputes novads, alsungas novads, kuld gas novada gudenieku, turlavas un laidu pagasts, p vilostas novada sakas pagasts un p vilostas pils ta, priekules novads, skrundas novada rudb r u pagasts, stopi u novada da a, kas atrodas uz rietumiem no autoce a v36, p4 un p5, acones ielas, daugu upes ielas un daugu up tes, ventspils novada j rkalnes pagasts. 6. lithuania the following areas in lithuania: jurbarko rajono savivaldyb : smalinink ir vie vil s seni nijos, kelm s rajono savivaldyb : kelm s, kelm s apylinki , kra i , kuke i , lioli , pakra an io seni nijos, tytyv n seni nijos dalis vakarus ir iaur nuo kelio nr. 157 ir vakarus nuo kelio nr. 2105 ir tytuv n apylinki seni nijos dalis iaur nuo kelio nr. 157 ir vakarus nuo kelio nr. 2105, ir vaiguvos seni nijos, ma eiki rajono savivaldyb : sedos, erk n n ir idik seni nijos, pag gi savivaldyb , plung s rajono savivaldyb , raseini rajono savivaldyb : girkalnio ir kaln j seni nijos dalis iaur nuo kelio nr a1, nemak i , paliepi , raseini , raseini miesto ir vidukl s seni nijos, rietavo savivaldyb , aki rajono savivaldyb : barzd , gri kab d io, kri k , kudirkos naumies io, lek i , luk i , sintaut , slavik , sudargo ir virg dai i seni nijos, ilal s rajono savivalyb , ilut s rajono savivaldyb : juknai i , kint , ilut s ir us n seni nijos, taurag s rajono savivaldyb : lauksargi , skaudvil s, taurag s, ma on , taurag s miesto ir ygai i seni nijos. 7. poland the following areas in poland: w wojew dztwie warmi sko-mazurskim: gmina stare juchy w powiecie e ckim, gminy dubeninki, go dap i cz gminy banie mazurskie po o ona na po udnie od linii wyznaczonej przez drog nr 650 w powiecie go dapskim, gmina pozezdrze i cz gminy wgorzewo po o ona na zach d od linii wyznaczonej przez drog nr 63 biegn c od po udniowo-wschodniej granicy gminy do skrzy owania z drog nr 650, a nastpnie na po udnie od linii wyznaczonej przez drog nr 650 biegn c od skrzy owania z drog nr 63 do skrzy owania z drog biegn c do miejscowo ci przysta i na wsch d od linii wyznaczonej przez drog cz c miejscowo ci przysta , pniewo, kamionek wielki, radzieje, d u ec w powiecie wgorzewskim, gmina ruciane nida i cz gminy pisz po o ona na po udnie od linii wyznaczonej przez drog nr 58 oraz miasto pisz w powiecie piskim, gminy gi ycko z miastem gi ycko, kruklanki, mi ki, wydminy i ryn w powiecie gi yckim, gminy miko ajki, piecki, cz gminy sorkwity po o ona na po udnie od drogi nr 16 i cz gminy wiejskiej mr gowo po o ona na po udnie od linii wyznaczonej przez drog nr 16 biegn c od zachodniej granicy gminy do granicy miasta mr gowo oraz na po udnie od linii wyznaczonej przez drog nr 59 biegn c od wschodniej granicy gminy do granicy miasta mr gowo w powiecie mr gowskim, gmina bisztynek w powiecie bartoszyckim, gminy d wierzuty i witajno w powiecie szczycie skim. gminy orneta, lubomino, cz gminy wiejskiej lidzbark warmi ski po o ona na po udnie od linii wyznaczonej przez drog nr 513 biegn c od wschodniej granicy gminy do wschodniej granicy miasta lidzbark warmi ski oraz na po udniowy wsch d od linii wyznaczonej przez drog nr 51 i cz gminy kiwity po o ona na po udnie od linii wyznaczonej przez drog nr 513 w powiecie lidzbarskim, gminy elbl g, godkowo, gronowo elbl skie, markusy, pas k i cz gminy tolkmicko niewymieniona w cz ci ii za cznika w powiecie elbl skim oraz strefa w d przybrze nych zalewu wi lanego i zatoki elbl skiej, powiat miejski elbl g, gminy biskupiec, dobre miasto, jeziorany i kolno w powiecie olszty skim, gmina mi akowo w powiecie ostr dzkim, w wojew dztwie podlaskim: gminy bra sk z miastem bra sk, rudka i wyszki w powiecie bielskim, gmina perlejewo w powiecie siemiatyckim, gminy kolno z miastem kolno, ma y p ock i turo l w powiecie kolne skim, gmina po witne w powiecie bia ostockim, gminy ko aki ko cielne, rutki, szumowo, cz gminy zambr w po o ona na po udnie od linii wyznaczonej przez drog nr s8 i miasto zambr w w powiecie zambrowskim, gminy wi ajny i przero l w powiecie suwalskim, gminy kulesze ko cielne, nowe piekuty, szepietowo, klukowo, ciechanowiec, wysokie mazowieckie z miastem wysokie mazowieckie, czy ew w powiecie wysokomazowieckim, gminy miastkowo, nowogr d i zb jna w powiecie om y skim. w wojew dztwie mazowieckim: gminy ceran w, kos w lacki, sabnie, sterdy , cz gminy bielany po o ona na zach d od linii wyznaczonej przez drog nr 63 i cz gminy wiejskiej soko w podlaski po o ona na zach d od linii wyznaczonej przez drog nr 63 w powiecie soko owskim, gminy grbk w, korytnica, liw, och w, miedzna, sadowne, stoczek, wierzbno i miasto wgr w w powiecie wgrowskim, cz gminy kotu po o ona na zach d od linii wyznaczonej przez drog cz c miejscowo ci nowa d br wka, pier g, kotu wzd u ulicy gorzkowskiego i kolejowej do przejazdu kolejowego cz cego si z ulic siedleck , broszk w, uk w w powiecie siedleckim, gminy rzeku , troszyn, lelis, czerwin i goworowo w powiecie ostro ckim, powiat miejski ostro ka, powiat ostrowski, gminy karniewo, mak w mazowiecki, rzewnie i szelk w w powiecie makowskim, gmina krasne w powiecie przasnyskim, gminy ma a wie i wyszogr d w powiecie p ockim, gminy ciechan w z miastem ciechan w, glinojeck, go ymin o rodek, ojrze , opinog ra g rna i so sk w powiecie ciechanowskim, gminy baboszewo, czerwi sk nad wis , naruszewo, p o sk z miastem p o sk, sochocin i za uski w powiecie p o skim, gminy gzy, obryte, zatory, pu tusk i cz gminy winnica po o ona na wsch d od linii wyznaczonej przez drog cz c miejscowo ci bielany, winnica i pokrzywnica w powiecie pu tuskim, gminy bra szczyk, d ugosiod o, rz nik, wyszk w, zabrodzie i cz gminy somianka po o ona na p noc od linii wyznaczonej przez drog nr 62 w powiecie wyszkowskim, gminy jad w, klemb w, po witne, strach wka i t uszcz w powiecie wo omi skim, gminy dobre, jakub w, mrozy, ka uszyn, stanis aw w, cz gminy ceg w po o ona na p noc od linii wyznaczonej przez drog biegn c od zachodniej granicy gminy cz c miejscowo ci wiciej w, mienia, ceg w i na wsch d od linii wyznaczonej przez drog cz c miejscowo ci ceg w, skwarne i podskwarne biegn c do wschodniej granicy gminy i cz gminy mi sk mazowiecki po o ona na p noc od linii wyznaczonej przez drog nr 92 biegn c od zachodniej granicy gminy do granicy miasta mi sk mazowiecki i na p noc od linii wyznaczonej przez drog biegn c od wschodniej granicy miasta mi sk mazowiecki cz c miejscowo ci targ wka, budy barcz ckie do wschodniej granicy gminy w powiecie mi skim, gminy g rzno, askarzew z miastem askarzew, sobolew, trojan w, elech w i cz gminy miastk w ko cielny po o ona na po udnie od rzeki wilga w powiecie garwoli skim, gminy garbatka letnisko, gniewosz w, i sieciech w w powiecie kozienickim, gminy baran w i jaktor w w powiecie grodziskim, powiat yrardowski, gminy belsk du y, b d w, goszczyn i mogielnica w powiecie gr jeckim, gminy bia obrzegi, promna, stara b otnica, wy mierzyce i cz gminy stromiec po o ona na po udnie od linii wyznaczonej przez drog nr 48 w powiecie bia obrzeskim, gminy jedli sk, jastrzbia i pionki z miastem pionki w powiecie radomskim, gminy i w, m odzieszyn, nowa sucha, rybno, sochaczew z miastem sochaczew i teresin w powiecie sochaczewskim, gmina policzna w powiecie zwole skim. w wojew dztwie lubelskim: gminy jab onna, krzczon w, jastk w, konopnica, w lka, g usk i wojciech w w powiecie lubelskim, gminy mi czyn, nielisz, sitno, skierbiesz w, stary zamo , komar w-osada w powiecie zamojskim, gminy trzeszczany i werbkowice w powiecie hrubieszowskim, gminy jeziorzany i kock, w powiecie lubartowskim, gminy adam w i serokomla w powiecie ukowskim, powiat rycki, gminy janowiec, i cz gminy wiejskiej pu awy po o ona na zach d od rzeki wis y w powiecie pu awskim, gminy karczmiska, poniatowa i wilk w w powiecie opolskim, gminy me giew, rybczewice, miasto widnik i cz gminy piaski po o ona na po udnie od linii wyznaczonej przez drog nr 17 biegn c od wschodniej granicy gminy piaski do skrzy owania z drog nr s12 i na zach d od linii wyznaczonej przez drog biegn c od skrzy owania dr g nr 17 i nr s12 przez miejscowo majdan brzezicki do p nocnej granicy gminy w powiecie widnickim; gminy gorzk w, izbica, rudnik i kiewka w powiecie krasnostawskim, gminy be ec, jarcz w, lubycza kr lewska, aszcz w, susiec, tyszowce i ulh wek w powiecie tomaszowskim, gminy ukowa i obsza w powiecie bi gorajskim, powiat miejski lublin. w wojew dztwie podkarpackim: gminy horyniec-zdr j, narol, stary dzik w i wielkie oczy i cz gminy oleszyce po o ona na po udnie od linii wyznaczonej przez drog biegn c od wschodniej granicy gminy przez miejscowo borch w do skrzy owania z drog nr 865 w miejscowo ci oleszyce, a nastpnie na zach d od linii wyznaczonej przez drog nr 865 biegn c w kierunku p nocno-wschodnim do skrzy owania z drog biegn ca w kierunku p nocno-zachodnim przez miejscowo lubomierz - na po udnie od linii wyznaczonej przez t drog do skrzy owania z drog cz c miejscowo ci uszkowce i nowy dzik w na zach d od tej drogi w powiecie lubaczowskim, gminy laszki i wi zownica w powiecie jaros awskim. 8. romania the following areas in romania: jude ul alba cu urm toarea delimitare: la nord de drumul na ional nr. 7, jude ul arad cu urm toarea delimitare: la nord de linia descris de urm toarele localit i: macea, iria, b rzava, toc, care se afl la jonc iunea cu drumul na ional nr. 7, la nord de drumul na ional nr. 7, jude ul arge, jude ul bistri a, jude ul braov, jude ul cluj, jude ul covasna, jude ul dolj, jude ul harghita, jude ul hunedoara cu urm toarea delimitare: la nord de linia descris de urm toarele localit i: br nica, municipiul deva, turda, localit ile zam i aurel vlaicu, care se afl la jonc iunea cu drumul na ional nr. 7, la nord de drumul na ional nr. 7, jude ul iai, jude ul neam , jude ul v lcea, jude ul bistri a nasaud, restul jude ului maramure care nu a fost inclus n partea iii cu urm toarele comune: comuna vieu de sus, comuna bora, comuna oar a de jos, comuna suciu de sus, comuna moisei, comuna coroieni, comuna t rgu l pu, comuna vima mic , comuna boiu mare, comuna valea chioarului, comuna ulmeni, comuna b seti, comuna baia mare, comuna t u ii magher u, comuna cic rl u, comuna seini, comuna ardusat, comuna farcasa, comuna salsig, comuna asuaju de sus, comuna b i a de sub codru, comuna bicaz, comuna grosi, comuna recea, comuna baia sprie, comuna sisesti, comuna cernesti, copalnic m n stur, comuna dumbr vi a, comuna cupseni, comuna omcu a mare, comuna sacaleeni, comuna remetea chioarului, comuna mireu mare, comuna arini. part ii 1. bulgaria the following areas in bulgaria: in silistra region: within municipality of kaynardzha: voynovo, kaynardzha, kranovo, zarnik, dobrudzhanka, golesh, svetoslav, polk. cholakovo, kamentzi, gospodinovo, sredishte, strelkovo, poprusanovo, posev, within municipality of alfatar: alfatar, kutlovitza, vasil levski, within municipality of silistra: glavan, popkralevo, bogorovo, sratzimir, bulgarka, in dobrich region: within municipality of krushari: kapitan dimitrovo, ognyanovo, zimnitza, within municipality of tervel: brestnitza, kolartzi. 2. the czech republic the following areas in the czech republic: katastr ln zem obc v okrese zl n: bohuslavice u zl na, brat ejov u vizovic, b eznice u zl na, b ezov u zl na, b ez vky, de n u zl na, doln ves, doubravy, dr kov , fry t k, horn lhota u luha ovic, horn ves u fry t ku, hosti ov , hrobice na morav , hvozdn , chrast ov, jaroslavice u zl na, jasenn na morav , karlovice u zl na, ka ava, kle vka, kostelec u zl na, kudlov, kv tkovice u otrokovic, lhota u zl na, lhotka u zl na, lhotsko, l pa nad d evnic , lou ka i, lou ka ii, louky nad d evnic , lukov u zl na, lukove ek, lutonina, lu kovice, malenovice u zl na, mladcov , neubuz, old ichovice u napajedel, ostrata, podhrad u luha ovic, podkopn lhota, provodov na morav , pr tn , p luky u zl na, rackov , rakov , sala u zl na, sehradice, slopn , slu ovice, t pa, te ovice, trnava u zl na, ublo, jezd u vala sk ch klobouk, vel kov , vesel u zl na, v tov , vizovice, vl kov , v emina, vysok pole, z dve ice, zl n, elechovice nad d evnic . 3. estonia the following areas in estonia: eesti vabariik (v lja arvatud hiiu maakond). 4. hungary the following areas in hungary: heves megye 700860, 700950, 701050, 701111, 701150, 701250, 701350, 701550, 701560, 701650, 701750, 701850, 701950, 702050, 702150, 702250, 702260, 702950, 703050, 703150, 703250, 703370, 705150 s 705450 k dsz m vadgazd lkod si egys geinek teljes ter lete, szabolcs-szatm r-bereg megye 850950, 851050, 851150, 851250, 851350, 851450, 851550, 851560, 851650, 851660, 851751, 851752, 852850, 852860, 852950, 852960, 853050, 853150, 853160, 853250, 853260, 853350, 853360, 853450, 853550, 854450, 854550, 854560, 854650, 854660, 854750, 854850, 854860, 854870, 854950, 855050, 855150, 856250, 856350, 856360, 856450, 856550, 856650, 856750, 856760, 856850, 856950, 857650, valamint 850150, 850250, 850260, 850350, 850450, 850550, 852050, 852150, 852250 s 857550 k dsz m vadgazd lkod si egys geinek teljes ter lete, n gr d megye 550110, 550310, 550320, 550450, 550460, 550510, 550610, 550950, 551010, 551150, 551160, 551250, 551350, 551360, 551810 s 551821 k dsz m vadgazd lkod si egys geinek teljes ter lete, borsod-aba j-zempl n megye 656701, 656702, 656800, 656900, 657010, 657100, 658401, 658402, 658404, 658500, 658600, 658700, 658801, 658802, 658901, 658902 s 659000 k dsz m vadgazd lkod si egys geinek teljes ter lete. 5. latvia the following areas in latvia: da u novads, aglonas novads, aizkraukles novads, akn stes novads, alojas novads, al ksnes novads, amatas novads, apes novads, auces novads, bab tes novads, baldones novads, baltinavas novads, balvu novads, bauskas novads, bever nas novads, broc nu novada bl denes pagasts, remtes pagasta da a uz austrumiem no autoce a 1154 un p109, burtnieku novads, carnikavas novads, c su novads, cesvaines novads, ciblas novads, dagdas novads, daugavpils novads, dobeles novads, dundagas novads, engures novads, rg u novads, garkalnes novads, gulbenes novads, iecavas novads, ik iles novads, il kstes novads, in ukalna novads, jaunjelgavas novads, jaunpiebalgas novads, jaunpils novads, j kabpils novads, jelgavas novads, kandavas novads, k rsavas novads, eguma novads, ekavas novads, koc nu novads, kokneses novads, kr slavas novads, krimuldas novads, krustpils novads, kuld gas novada doles, vandes, padures, rendas un kabiles, pagasts, rumbas pagasta da a uz zieme iem no autoce a p120, kurm les pagasta da a uz rietumiem no autoce a 1283 un 1290, un uz zieme austrumiem no autoce a p118, kuld gas pils ta, lielv rdes novads, l gatnes novads, limba u novads, l v nu novads, lub nas novads, ludzas novads, madonas novads, m lpils novads, m rupes novads, mazsalacas novads, m rsraga novads, nauk nu novads, neretas novads, ogres novads, olaines novads, ozolnieku novads, p rgaujas novads, p avi u novads, prei u novads, prieku u novads, raunas novads, republikas pils ta daugavpils, republikas pils ta jelgava, republikas pils ta j kabpils, republikas pils ta j rmala, republikas pils ta r zekne, republikas pils ta valmiera, r zeknes novads, riebi u novads, rojas novads, ropa u novads, rug ju novads, rund les novads, r jienas novads, salacgr vas novads, salas novads, salaspils novads, saldus novada novadnieku, kurs u, zv rdes, des, n grandes, jaunauces, rubas, vadakstes, un pamp u pagasts, saulkrastu novads, s jas novads, siguldas novads, skr veru novads, skrundas novada n kr ces, skrundas un ra u pagasts, skrundas pils ta, smiltenes novads, stopi u novada da a, kas atrodas uz austrumiem no autoce a v36, p4 un p5, acones ielas, daugu upes ielas un daugu up tes, stren u novads, talsu novads, t rvetes novads, tukuma novads, vai odes novads, valkas novads, varak nu novads, v rkavas novads, vecpiebalgas novads, vecumnieku novads, ventspils novada ances, t rgales, popes, v rves, u avas, piltenes, puzes, ziru, ug les, usmas un zl ku pagasts, piltenes pils ta, vies tes novads, vi akas novads, vi nu novads, zilupes novads. 6. lithuania the following areas in lithuania: alytaus rajono savivaldyb : krokialaukio, miroslavo ir simno seni nijos, anyk i rajono savivaldyb , bir miesto savivaldyb , bir rajono savivaldyb , druskinink savivaldyb , elektr n savivaldyb , ignalinos rajono savivaldyb , jonavos rajono savivaldyb , jurbarko rajono savivaldyb : er vilko, jurbarko miesto ir jurbark seni nijos, kai iadori miesto savivaldyb , kai iadori rajono savivaldyb : kai iadori apylink s, kruonio, nemaitoni , palomen s, pravieni ki , rum i ki , ie mari ir ie mari apylink s seni nijos, kalvarijos savivaldyb , kauno miesto savivaldyb , kauno rajono savivaldyb , kazl r dos savivaldyb , kelm s rajono savivaldyb : u ven io ir auk n seni nijos, k daini rajono savivaldyb , kupi kio rajono savivaldyb , marijampol s savivaldyb : igliaukos, gudeli , liudvinavo, sasnavos, unsk seni nijos, mol t rajono savivaldyb : alantos, balnink , iul n , inturk s, joni kio, luokesos, mind n , sugin i , videni ki seni nijos, pakruojo rajono savivaldyb , panev io rajono savivaldyb , pasvalio rajono savivaldyb , radvili kio rajono savivaldyb : auk telk seni nija, baisogalos seni nijos dalis vakarus nuo kelio nr. 144, radvili kio, radvili kio miesto seni nija, eduvos miesto seni nijos dalis pietus nuo kelio nr. a9 ir vakarus nuo kelio nr. 3417 ir tyruli seni nija, prien miesto savivaldyb , prien rajono savivaldyb : a mintos, balbieri kio, i lau o, naujosios tos, pakuonio, ilavoto ir veiveri seni nijos, raseini rajono savivaldyb : ariogalos, betygalos, pagojuk , iluvos, kaln j seni nijos ir girkalnio seni nijos dalis pietus nuo kelio nr. a1, roki kio rajono savivaldyb , al inink rajono savivaldyb , ilut s rajono savivaldyb : rusn s seni nija, irvint rajono savivaldyb s: iobi kio, gelvon , jauni n , karnav s, musnink , irvint , zibal seni nijos, ven ioni rajono savivaldyb , taurag s rajono savivaldyb : bataki ir gaur s seni nijos, tel i rajono savivaldyb : degai i , gad navo, luok s, nevar n , ry k n , tel i miesto, upynos, varni , vie v n ir ar n seni nijos, trak rajono savivaldyb , ukmerg s rajono savivaldyb , utenos rajono savivaldyb , var nos rajono savivaldyb , vilniaus miesto savivaldyb , vilniaus rajono savivaldyb : avi ieni , bezdoni , buivyd i , d k t , juod ili , kalveli , lavori ki , mai iagalos, marijampolio, medinink , mick n , nemen in s, nemen in s miesto, nem io, pagiri , rie s, rudaminos, rukaini , suderv s, su ioni , atrinink , uj n seni nijos, vilkavi kio rajono savivaldyb , visagino savivaldyb , zaras rajono savivaldyb . 7. poland the following areas in poland: w wojew dztwie warmi sko-mazurskim: gminy kalinowo, prostki i gmina wiejska e k w powiecie e ckim, gmina milejewo i cz obszaru l dowego gminy tolkmicko po o ona na po udnie od linii brzegowej zalewu wi lanego i zatoki elbl skiej do granicy z gmin wiejsk elbl g w powiecie elbl skim, powiat olecki, gminy orzysz, bia a piska i cz gminy pisz po o ona na p noc od linii wyznaczonej przez drog nr 58 w powiecie piskim, gmina frombork, cz gminy wiejskiej braniewo po o ona na zach d od linii wyznaczonej przez drog nr e28 i s22 i miasto braniewow powiecie braniewskim, gminy ktrzyn z miastem ktrzyn, reszel i cz gminy korsze po o ona na po udnie od linii wyznaczonej przez drog biegn c od wschodniej granicy cz c miejscowo ci krelikiejmy i s toczno i na wsch d od linii wyznaczonej przez drog cz c miejscowo ci s toczno, sajna wielka biegn c do skrzy owania z drog nr 590 w miejscowo ci glitajny, a nastpnie na wsch d od drogi nr 590 do skrzy owania z drog nr 592 i na po udnie od linii wyznaczonej przez drog nr 592 biegn c od zachodniej granicy gminy do skrzy owania z drog nr 590 w powiecie ktrzy skim, cz gminy wiejskiej lidzbark warmi ski po o ona na zach d od linii wyznaczonej przez drog nr 511 oraz na p nocny zach d od linii wyznaczonej przez drog nr 51 i miasto lidzbark warmi ski w powiecie lidzbarskim, cz gminy sorkwity po o ona na p noc od drogi nr 16 i cz gminy wiejskiej mr gowo po o ona na p noc od linii wyznaczonej przez drog nr 16 biegn c od zachodniej granicy gminy do granicy miasta mr gowo oraz na p noc od linii wyznaczonej przez drog nr 59 biegn c od wschodniej granicy gminy do granicy miasta mr gowo; w wojew dztwie podlaskim: powiat grajewski, powiat moniecki, powiat sejne ski, gminy om a, pi tnica, niadowo, jedwabne, przytu y i wizna w powiecie om y skim, powiat miejski om a, gminy mielnik, nurzec stacja, grodzisk, drohiczyn, dziadkowice, milejczyce i siemiatycze z miastem siemiatycze w powiecie siemiatyckim, powiat hajnowski, gminy kobylin-borzymy i soko y w powiecie wysokomazowieckim, cz gminy zambr w po o ona na p noc od linii wyznaczonej przez drog nr s8 w powiecie zambrowskim, gminy grabowo i stawiski w powiecie kolne skim, gminy czarna bia ostocka, dobrzyniewo du e, gr dek, juchnowiec ko cielny, apy, micha owo, supra l, sura , turo ko cielna, tykocin, wasilk w, zab ud w, zawady i choroszcz w powiecie bia ostockim, gminy bo ki, orla i bielsk podlaski z miastem bielsk podlaski w powiecie bielskim, gmina pu sk, cz gminy krasnopol po o ona na p noc od linii wyznaczonej przez drog nr 653, cz gminy sejny po o ona na p noc od linii wyznaczonej przez drog nr 653 i na wsch d od linii wyznaczonej przez drog nr 663 i miasto sejny w powiecie sejne skim, gminy baka arzewo, filip w, jeleniewo, raczki, rutka-tartak, suwa ki i szypliszki w powiecie suwalskim, powiat miejski suwa ki, powiat augustowski, powiat sok lski, powiat miejski bia ystok. w wojew dztwie mazowieckim: gminy przesmyki, wodynie, sk rzec i cz gminy mordy po o ona na po udnie od linii wyznaczonej przez drog nr 698 biegn c od zachodniej granicy gminy do p nocno wschodniej granicy gminy i cz gminy zbuczyn po o ona na wsch d od linii wyznaczonej przez drog biegn c od p nocno-wschodniej do po udniowej granicy gminy i cz c miejscowo ci tarcze, choja, zbuczyn, grodzisk, dziewule i smolanka w powiecie siedleckim, gminy repki, jab onna lacka, cz gminy bielany po o ona na wsch d od linii wyznaczonej przez drog nr 63 i cz gminy wiejskiej soko w podlaski po o ona na wsch d od linii wyznaczonej przez drog nr 63 w powiecie soko owskim, powiat osicki, gmina broch w w powiecie sochaczewskim, powiat nowodworski, gminy joniec i nowe miasto w powiecie p o skim, gminy pokrzywnica, wiercze i cz gminy winnica po o ona na zach d od linii wyznaczonej przez drog cz c miejscowo ci bielany, winnica i pokrzywnica w powiecie pu tuskim, gminy d br wka, koby ka, marki, radzymin, wo omin, zielonka i z bki w powiecie wo omi skim, cz gminy somianka po o ona na po udnie od linii wyznaczonej przez drog nr 62 w powiecie wyszkowskim, gminy dbe wielkie, halin w, sulej wek miasto mi sk mazowiecki i cz ci gminy latowicz po o ona na wsch d od linii wyznaczonej przez drog biegn c od p nocnej granicy gminy przez miejscowo stawek do skrzy owania z drog nr 802 i na p noc od linii wyznaczonej przez drog nr 802 biegn c od tego skrzy owania do wschodniej granicy gminy w powiecie mi skim, gminy borowie, wilga i garwolin z miastem garwolin, maciejowice i cz gminy miastk w ko cielny po o ona na p noc od rzeki wilga w powiecie garwoli skim, gminy celestyn w, j zef w, karczew, osieck, otwock, sobienie jeziory i wi zowna w powiecie otwockim powiat warszawski zachodni, powiat legionowski, powiat piaseczy ski, powiat pruszkowski, gminy chyn w, gr jec, jasieniec, pniewy i warka w powiecie gr jeckim, gminy milan wek, grodzisk mazowiecki, podkowa le na i abia wola w powiecie grodziskim, gminy grab w nad pilic , magnuszew, g owacz w, kozienice w powiecie kozienickim, cz gminy stromiec po o ona na p noc od linii wyznaczonej przez drog nr 48 w powiecie bia obrzeskim, powiat miejski warszawa. w wojew dztwie lubelskim: gminy czemierniki, k kolewnica, komar wka podlaska, wohy , cz gminy borki po o ona na po udniowy wsch d od linii wyznaczonej przez drog nr 19, miasto radzy podlaski, cz gminy wiejskiej radzy podlaski po o ona na wsch d od linii wyznaczonej przez drog biegn c od p nocno-zachodniej granicy gminy i cz ca miejscowo ci brzost wiec i radowiec do jej przecicia z granic miasta radzy podlaski, nastpnie na wsch d od linii stanowi cej granic miasta radzy podlaski biegn cej do po udniowej granicy gminy i na po udnie od linii wyznaczonej przez drog nr 19 biegn c od po udniowo zachodniej granicy gminy do granicy miasta radzy podlaski oraz na po udnie od po udniowej granicy miasta radzy podlaski do granicy gminy w powiecie radzy skim, gminy stoczek ukowski z miastem stoczek ukowski, wola mys owska, trzebiesz w, cz gminy krzywda po o ona na zach d od linii wyznaczonej przez drog biegn ca od p nocnej granicy gminy w kierunku po udniowym i cz c miejscowo ci ko uch wka, krzywda i adam w, cz gminy stanin po o ona na zach d od linii wyznaczonej przez drog nr 807, i cz gminy wiejskiej uk w po o ona na wsch d od linii wyznaczonej przez drog biegn c od p nocnej granicy gminy przez miejscowo w lka wi tkowa do p nocnej granicy miasta uk w i na p noc od linii wyznaczonej przez drog nr 806 biegn c od wschodniej granicy miasta uk w do wschodniej granicy gminy wiejskiej uk w i cz miasta uk w po o ona na wsch d od linii wyznaczonej przez drog nr 63 biegn c od p nocnej granicy miasta uk w do skrzy owania z drog nr 806 i na p noc od linii wyznaczonej przez drog nr 806 biegn c od tego skrzy owania do wschodniej granicy miasta uk w w powiecie ukowskim, gminy jan w podlaski, kode , tuczna, le na podlaska, rossosz, omazy, konstantyn w, piszczac, rokitno, bia a podlaska, zalesie, terespol z miastem terespol, drel w, midzyrzec podlaski z miastem midzyrzec podlaski w powiecie bialskim, powiat miejski bia a podlaska, gmina czna i cz gminy spiczyn po o ona na zach d od linii wyznaczonej przez drog nr 829 w powiecie czy skim, cz gminy siemie po o ona na zach d od linii wyznaczonej przez drog nr 815 i cz gminy milan w po o ona na zach d od drogi nr 813 w powiecie parczewskim, gminy nied wiada, ostr wek, abram w, firlej, kamionka, mich w i lubart w z miastem lubart w, w powiecie lubartowskim, gminy niemce i garb w w powiecie lubelskim, cz gminy piaski po o ona na p noc od linii wyznaczonej przez drog nr 17 biegn c od wschodniej granicy gminy piaski do skrzy owania z drog nr s12 i na wsch d od linii wyznaczonej przez drog biegn c od skrzy owania dr g nr 17 i nr s12 przez miejscowo majdan brzezicki do p nocnej granicy gminy w powiecie widnickim; gmina fajs awice, kra niczyn, cz gminy krasnystaw po o ona na zach d od linii wyznaczonej przez drog nr 17 biegn c od p nocno wschodniej granicy gminy do granicy miasta krasnystaw, miasto krasnystaw i cz gminy opiennik g rny po o ona na zach d od linii wyznaczonej przez drog nr 17 w powiecie krasnostawskim, gminy do hobycz w, mircze i cz gminy wiejskiej hrubiesz w po o ona na po udnie od linii wyznaczonej przez drog nr 844 oraz na po udnie od linii wyznaczonej przez drog nr 74 i miasto hrubiesz w w powiecie hrubieszowskim, gmina telatyn w powiecie tomaszowskim, cz gminy wojs awice po o ona na zach d od linii wyznaczonej przez drog biegn c od p nocnej granicy gminy przez miejscowo wojs awice do po udniowej granicy gminy w powiecie che mskim, gmina grabowiec w powiecie zamojskim, gminy markusz w, na cz w, kazimierz dolny, ko skowola, kur w, w wolnica, yrzyn, baran w, cz gminy wiejskiej pu awy po o ona na wsch d od rzeki wis y i miasto pu awy w powiecie pu awskim. part iii 1. latvia the following areas in latvia: broc nu novada cieceres un gai u pagasts, remtes pagasta da a uz rietumiem no autoce a 1154 un p109, broc nu pils ta, kuld gas novada pel u, sn peles un v rmes pagasts, rumbas pagasta da a uz dienvidiem no autoce a p120, kurm les pagasta da a uz austrumiem no autoce a 1283 un 1290, un uz dienvidrietumiem no autoce a p118, saldus novada saldus, zir u, lutri u, za as, ezeres un jaunlutri u pagasts, saldus pils ta. 2. lithuania the following areas in lithuania: akmen s rajono savivaldyb , alytaus miesto savivaldyb , alytaus rajono savivaldyb : alytaus, alov s, butrimoni , daug , nemunai io, piva i n , punios ir raitinink seni nijos, bir tono savivaldyb , jurbarko rajono savivaldyb : gird i , juodai i , raudon s, sered iaus, skirsnemun s, imkai i ir veliuonos seni nijos, joni kio rajono savivaldyb , kai iadori rajono savivaldyb : papar i ir asli seni nijos, kelm s rajono savivaldyb : tytyv n seni nijos dalis rytus ir pietus nuo kelio nr. 157 ir rytus nuo kelio nr. 2105 ir tytuv n apylinki seni nijos dalis pietus nuo kelio nr. 157 ir rytus nuo kelio nr. 2105, lazdij rajono savivaldyb , marijampol s savivaldyb : degu i , mokol , narto, marijampol s seni nijos, ma eiki rajono savivaldyb s: lai uvos, ma eiki apylink s, ma eiki , reivy i , tirk li ir viek ni seni nijos, mol t rajono savivaldyb : dubingi , giedrai i seni nijos, prien rajono savivaldyb : jiezno ir stakli ki seni nijos, radvili kio rajono savivaldyb : baisogalos seni nijos dalis rytus nuo kelio nr. 144, grinki kio, pakalni ki , sidabravo, sk mi seni nijos, eduvos miesto seni nijos dalis iaur nuo kelio nr. a9 ir rytus nuo kelio nr. 3417, aukoto ir iaul n seni nijos, raseini rajono savivaldyb : kaln j seni nijos ir girkalnio seni nijos dalis pietus nuo kelio nr. a1, aki rajono savivaldyb : gelgaudi kio, kiduli , plok i ir aki seni nijos, iauli miesto savivaldyb , iauli rajono savivaldyb , irvint rajono savivaldyb : alioni seni nija, tel i rajono savivaldyb : try ki seni nija, vilniaus rajono savivaldyb : paber s sen. 3. poland the following areas in poland: w wojew dztwie warmi sko-mazurskim: gminy lelkowo, pieni no, p oskinia, wilczta i cz gminy wiejskiej braniewo po o ona na wsch d od linii wyznaczonej przez drog nr e28 i s22 w powiecie braniewskim, gminy bartoszyce z miastem bartoszyce, g rowo i aweckie z miastem g rowo i aweckie i spopol w powiecie bartoszyckim, gmina m ynary w powiecie elbl skim, cz gminy kiwity po o ona na p noc od linii wyznaczonej przez drog nr 513 i cz gminy lidzbark warmi ski po o ona na p noc od linii wyznaczonej przez drog nr 513 biegn c od wschodniej granicy gminy do wschodniej granicy miasta lidzbark warmi ski i na wsch d od linii wyznaczonej przez drog nr 511 w powiecie lidzbarskim, gminy srokowo, barciany i cz gminy korsze po o ona na p noc od linii wyznaczonej przez drog biegn c od wschodniej granicy cz c miejscowo ci krelikiejmy i s toczno i na zach d od linii wyznaczonej przez drog cz c miejscowo ci s toczno, sajna wielka biegn c do skrzy owania z drog nr 590 w miejscowo ci glitajny, a nastpnie na zach d od drogi nr 590 do skrzy owania z drog nr 592 i na p noc od linii wyznaczonej przez drog nr 592 biegn c od zachodniej granicy gminy do skrzy owania z drog nr 590 w powiecie ktrzy skim, gmina budry i cz gminy wgorzewo po o ona na wsch d od linii wyznaczonej przez drog nr 63 biegn c od po udniowo-wschodniej granicy gminy do skrzy owania z drog nr 650, a nastpnie na p noc od linii wyznaczonej przez drog nr 650 biegn c od skrzy owania z drog nr 63 do skrzy owania z drog biegn c do miejscowo ci przysta i na zach d od linii wyznaczonej przez drog cz c miejscowo ci przysta , pniewo, kamionek wielki, radzieje, d u ec w powiecie wgorzewskim, cz gminy banie mazurskie po o ona na p noc od linii wyznaczonej przez drog nr 650 w powiecie go dapskim, w wojew dztwie mazowieckim: gminy domanice, korczew, paprotnia, wi niew, mokobody, siedlce, sucho ebry, cz gminy kotu po o ona na wsch d od linii wyznaczonej przez drog cz c miejscowo ci nowa d br wka, pier g, kotu wzd u ulicy gorzkowskiego i kolejowej do przejazdu kolejowego cz cego si z ulic siedleck , broszk w, uk w, cz gminy mordy po o ona na p noc od linii wyznaczonej przez drog nr 698 biegn c od zachodniej granicy gminy do p nocno wschodniej granicy gminy w powiecie siedleckim, powiat miejski siedlce, gmina siennica, cz gminy mi sk mazowiecki po o ona na po udnie od linii wyznaczonej przez drog nr 92 biegn c od zachodniej granicy gminy do granicy miasta mi sk mazowiecki i na po udnie od linii wyznaczonej przez drog biegn c od wschodniej granicy miasta mi sk mazowiecki cz c miejscowo ci targ wka, budy barcz ckie do wschodniej granicy gminy, cz gminy ceg w po o ona na po udnie od linii wyznaczonej przez drog biegn c od zachodniej granicy gminy cz c miejscowo ci wiciej w, mienia, ceg w i na zach d od linii wyznaczonej przez drog cz c miejscowo ci ceg w, skwarne i podskwarne biegn c do wschodniej granicy gminy i cz ci gminy latowicz po o ona na zach d od linii wyznaczonej przez drog biegn c od p nocnej granicy gminy przez miejscowo stawek do skrzy owania z drog nr 802 i na po udnie od linii wyznaczonej przez drog nr 802 biegn c od tego skrzy owania do wschodniej granicy gminy w powiecie mi skim, gmina ko biel w powiecie otwockim, gminy parys w i pilawa w powiecie garwoli skim, w wojew dztwie lubelskim: gminy bia opole, dubienka, che m, le niowice, wierzbica, sawin, ruda huta, dorohusk, kamie , rejowiec, rejowiec fabryczny z miastem rejowiec fabryczny, siedliszcze, mud i cz gminy wojs awice po o ona na wsch d od linii wyznaczonej przez drog biegn c od p nocnej granicy gminy do miejscowo ci wojs awice do po udniowej granicy gminy w powiecie che mskim, powiat miejski che m, gmina siennica r ana cz gminy opiennik g rny po o ona na wsch d od linii wyznaczonej przez drog nr 17 i cz gminy krasnystaw po o ona na wsch d od linii wyznaczonej przez drog nr 17 biegn c od p nocno wschodniej granicy gminy do granicy miasta krasnystaw w powiecie krasnostawskim, gminy hanna, ha sk, wola uhruska, urszulin, stary brus, wyryki i gmina wiejska w odawa w powiecie w odawskim, gminy cyc w, ludwin, puchacz w, milej w i cz gminy spiczyn po o ona na wsch d od linii wyznaczonej przez drog nr 829 w powiecie czy skim, gmina trawniki w powiecie widnickim, gminy jab o , podedw rze, dbowa k oda, parczew, sosnowica, cz gminy siemie po o ona na wsch d od linii wyznaczonej przez drog nr 815 i cz gminy milan w po o ona na wsch d od drogi nr 813 w powiecie parczewskim, gminy s awatycze, sosn wka, i wisznice w powiecie bialskim, gmina ulan majorat, cz gminy wiejskiej radzy podlaski po o ona na zach d od linii wyznaczonej przez drog biegn c od p nocno-zachodniej granicy gminy i cz c miejscowo ci brzost wiec i radowiec do jej przecicia z granic miasta radzy podlaski, a nastpnie na zach d od linii stanowi cej granic miasta radzy podlaski do jej przecicia z drog nr 19 i na p noc od linii wyznaczonej przez drog nr 19 biegn c od po udniowo zachodniej granicy gminy do granicy miasta radzy podlaski, cz gminy borki po o ona na p nocny zach d od linii wyznaczonej przez drog nr 19 w powiecie radzy skim, gminy, ostr w lubelski, serniki i u cim w w powiecie lubartowskim, gminy wojcieszk w, cz gminy wiejskiej uk w po o ona na zach d od linii wyznaczonej przez drog biegn c od p nocnej granicy gminy przez miejscowo w lka wi tkowa do p nocnej granicy miasta uk w, a nastpnie na p noc, zach d, po udnie i wsch d od linii stanowi cej p nocn , zachodni , po udniow i wschodni granic miasta uk w do jej przecicia si z drog nr 806 i na po udnie od linii wyznaczonej przez drog nr 806 biegn c od wschodniej granicy miasta uk w do wschodniej granicy gminy wiejskiej uk w, cz miasta uk w po o ona na zach d i na po udnie od linii wyznaczonej przez drog nr 63 biegn c od p nocnej granicy miasta uk w do skrzy owania z drog nr 806 i na po udnie od linii wyznaczonej przez drog nr 806 biegn c do wschodniej granicy miasta uk w, cz gminy stanin po o ona na wsch d od linii wyznaczonej przez drog nr 807 i cz gminy krzywda po o ona na wsch d od linii wyznaczonej przez drog biegn ca od p nocnej granicy gminy w kierunku po udniowym i cz c miejscowo ci ko uch wka, krzywda i adam w w powiecie ukowskim; gminy horod o, uchanie i cz gminy wiejskiej hrubiesz w po o ona na p noc od linii wyznaczonej przez drog nr 844 biegn c od zachodniej granicy gminy wiejskiej hrubiesz w do granicy miasta hrubiesz w oraz na p noc od linii wyznaczonej przez drog nr 74 biegn c od wschodniej granicy miasta hrubiesz w do wschodniej granicy gminy wiejskiej hrubiesz w w powiecie hrubieszowskim, w wojew dztwie podkarpackim: gminy cieszan w, lubacz w z miastem lubacz w i cz gminy oleszyce po o ona na p noc od linii wyznaczonej przez drog biegn c od wschodniej granicy gminy przez miejscowo borch w do skrzy owania z drog nr 865 w miejscowo ci oleszyce, a nastpnie na wsch d od linii wyznaczonej przez drog nr 865 biegn c w kierunku p nocno-wschodnim do skrzy owania z drog biegn ca w kierunku p nocno-zachodnim przez miejscowo lubomierz - na p noc od linii wyznaczonej przez t drog do skrzy owania z drog cz c miejscowo ci uszkowce i nowy dzik w na wsch d od tej drogi w powiecie lubaczowskim. 4. romania the following areas in romania: zona oraului bucureti, jude ul constan a, jude ul satu mare, jude ul tulcea, jude ul bac u, jude ul bihor, jude ul br ila, jude ul buz u, jude ul c l rai, jude ul d mbovi a, jude ul gala i, jude ul giurgiu, jude ul ialomi a, jude ul ilfov, jude ul prahova, jude ul s laj, jude ul vaslui, jude ul vrancea, jude ul teleorman, jude ul olt, partea din jude ul maramure cu urm toarele delimit ri: comuna petrova, comuna bistra, comuna repedea, comuna poienile de sub munte, comuna vieu e jos, comuna ruscova, comuna leordina, comuna rozavlea, comuna str mtura, comuna b rsana, comuna rona de sus, comuna rona de jos, comuna bocoiu mare, comuna sighetu marma iei, comuna sarasau, comuna c mpulung la tisa, comuna s p n a, comuna remeti, comuna giuleti, comuna ocna ugatag, comuna deseti, comuna budeti, comuna b iu , comuna cavnic, comuna l pu, comuna dragomireti, comuna ieud, comuna salitea de sus, comuna s cel, comuna c lineti, comuna vadu izei, comuna botiza, comuna bogdan vod , localitatea groii ibileului, comuna suciu de sus, localitatea vieu de mijloc, comuna vieu de sus, localitatea vieu de sus, comuna vieu de sus. part iv italy the following areas in italy: tutto il territorio della sardegna.
name: council decision (cfsp) 2018/1612 of 25 october 2018 amending decision (cfsp) 2015/1763 concerning restrictive measures in view of the situation in burundi type: decision subject matter: international affairs; africa; european construction; civil law date published: 2018-10-26 26.10.2018 en official journal of the european union l 268/49 council decision (cfsp) 2018/1612 of 25 october 2018 amending decision (cfsp) 2015/1763 concerning restrictive measures in view of the situation in burundi the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 1 october 2015, the council adopted decision (cfsp) 2015/1763 (1) concerning restrictive measures in view of the situation in burundi. (2) on the basis of a review of decision (cfsp) 2015/1763, the restrictive measures should be renewed until 31 october 2019. (3) additional identifying information concerning one natural person is available. (4) decision (cfsp) 2015/1763 should therefore be amended accordingly, has adopted this decision: article 1 the second paragraph of article 6 of decision (cfsp) 2015/1763 is replaced by the following: this decision shall apply until 31 october 2019. article 2 the annex to decision (cfsp) 2015/1763 is amended as set out in the annex to this decision. article 3 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 25 october 2018. for the council the president j. bogner-strauss (1) council decision (cfsp) 2015/1763 of 1 october 2015 concerning restrictive measures in view of the situation in burundi (oj l 257, 2.10.2015, p. 37). annex in the annex to decision (cfsp) 2015/1763, entry 3 under the heading list of natural and legal persons, entities and bodies referred to in articles 1 and 2 is replaced by the following: name identifying information grounds for designation 3. mathias/joseph niyonzima alias kazungu dob: 6.3.1956; 2.1.1967 pob: kanyosha commune, mubimbi, bujumbura-rural province, burundi registration number (snr): o/00064 burundian nationality. passport number: op0053090 officer of the national intelligence service. responsible for obstructing the search for a political solution in burundi by inciting violence and acts of repression during the demonstrations that started on 26 april 2015 following the announcement of the presidential candidacy of president nkurunziza. responsible for helping to train, coordinate and arm the imbonerakure paramilitary militias, including outside burundi, who are responsible for acts of violence, repression and serious human rights abuses in burundi.
name: council decision (eu) 2018/1609 of 28 september 2018 on the position to be taken on behalf of the european union within the united nations economic commission for europe (unece) working party on customs questions affecting transport and within the unece inland transport committee concerning the adoption of the convention on the facilitation of border crossing procedures for passengers, luggage and load-luggage carried in international traffic by rail type: decision subject matter: united nations; land transport; tariff policy; consumption; international affairs; organisation of transport; social affairs; international law; politics and public safety date published: 2018-10-26 26.10.2018 en official journal of the european union l 268/44 council decision (eu) 2018/1609 of 28 september 2018 on the position to be taken on behalf of the european union within the united nations economic commission for europe (unece) working party on customs questions affecting transport and within the unece inland transport committee concerning the adoption of the convention on the facilitation of border crossing procedures for passengers, luggage and load-luggage carried in international traffic by rail the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 77(2)(b), in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the russian federation has proposed a new unece convention on the facilitation of border crossing procedures for passengers, luggage and load-luggage carried in international traffic by rail (the draft convention). the organisation for cooperation between railways (osjd) has supported the draft convention. (2) the working party on customs questions affecting transport (wp.30) acts within the framework of the policies of unece and subject to the general supervision of the inland transport committee (itc). the role of the wp.30 is to initiate and pursue actions aimed at harmonisation and simplification of regulations, rules and documentation for border crossing procedures for the various modes of inland transport. (3) the wp.30 will take a decision on the endorsement of the draft convention and on its transmission to the itc for formal approval. (4) the union is represented in the wp.30 and the itc by the member states of the union. all member states of the union are members of the wp.30 and the itc with a right to vote. (5) the draft convention contains general provisions on how to organise border controls of passenger trains. it can be seen as a basis for any multilateral and bilateral agreements in the absence of which none of the elements covered by the draft convention could work. (6) for the member states of the union, such multilateral and bilateral agreements can be concluded even without the draft convention. for the russian federation and some other countries represented in the osjd, the legal framework seems to necessitate such a convention in order to make it easier to conclude multilateral and bilateral agreements. (7) the substance of the draft convention appears to have neither beneficial nor adverse effects for the member states of the union. therefore the union should not support the draft convention but has no reason to block its adoption. (8) even if it does not appear to be in the union's interest to accede to the draft convention, in accordance with its general policy on institutional aspects, any new international convention should contain a clause allowing for the participation of regional economic integration organisations. the draft convention does not contain a clause which would allow the union to accede to the convention. (9) therefore, the union position within the wp.30 and the itc should be neutral if a clause allowing for the participation of regional economic integration organisations is inserted. in that case, the member states of the union should abstain. otherwise the member states of the union should vote against the adoption of the draft convention. (10) in accordance with articles 1 and 2 of protocol no 22 on the position of denmark annexed to the treaty on european union and to the treaty on the functioning of the european union, denmark is not taking part in the adoption of this decision and is not bound by it or subject to its application. given that this decision builds upon the schengen acquis, denmark shall, in accordance with article 4 of that protocol, decide within a period of six months after the council has decided on this decision whether it will implement it in its national law. (11) this decision constitutes a development of provisions of the schengen acquis in which the united kingdom does not take part, in accordance with council decision 2000/365/ec (1); the united kingdom is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (12) this decision constitutes a development of the provisions of the schengen acquis in which ireland does not take part, in accordance with council decision 2002/192/ec (2); ireland is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (13) as regards bulgaria, croatia, cyprus and romania, the provisions of this decision constitute provisions building upon, or otherwise relating to, the schengen acquis, within, respectively, the meaning of article 3(2) of the 2003 act of accession, article 4(2) of the 2005 act of accession and article 4(2) of the 2012 act of accession. (14) it is appropriate to establish the position to be taken on the union's behalf within the wp.30 and the itc as the draft convention concerns elements on visa formalities that fall within the competence of the union, has adopted this decision: article 1 the position to be taken on the union's behalf within the unece working party on customs questions affecting transport and within the unece inland transport committee concerning the draft unece convention on the facilitation of border crossing procedures for passengers, luggage and load-luggage carried in international traffic by rail shall be the following: the member states of the union shall abstain if the clause allowing for the participation of regional economic integration organisations is introduced in the draft convention. if that clause is not introduced, the member states of the union shall vote against. article 2 the position referred to in article 1 shall be expressed by the member states of the union. article 3 this decision shall enter into force on the date of its adoption. done at brussels, 28 september 2018. for the council the president m. schramb ck (1) council decision 2000/365/ec of 29 may 2000 concerning the request of the united kingdom of great britain and northern ireland to take part in some of the provisions of the schengen acquis (oj l 131, 1.6.2000, p. 43). (2) council decision 2002/192/ec of 28 february 2002 concerning ireland's request to take part in some of the provisions of the schengen acquis (oj l 64, 7.3.2002, p. 20).
name: commission implementing decision (eu) 2018/1597 of 23 october 2018 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (notified under document c(2018) 7117) (text with eea relevance.) type: decision_impl subject matter: europe; regions of eu member states; agricultural activity; agricultural policy; international trade date published: 2018-10-24 24.10.2018 en official journal of the european union l 265/13 commission implementing decision (eu) 2018/1597 of 23 october 2018 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (notified under document c(2018) 7117) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(4) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(4) thereof, whereas: (1) commission implementing decision (eu) 2017/247 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype h5 in a number of member states (the concerned member states), and the establishment of protection and surveillance zones by the competent authority of the concerned member states in accordance with article 16(1) of council directive 2005/94/ec (4). (2) implementing decision (eu) 2017/247 provides that the protection and surveillance zones established by the competent authorities of the concerned member states in accordance with directive 2005/94/ec are to comprise at least the areas listed as protection and surveillance zones in the annex to that implementing decision. implementing decision (eu) 2017/247 also lays down that the measures to be applied in the protection and surveillance zones, as provided for in article 29(1) and article 31 of directive 2005/94/ec, are to be maintained until at least the dates for those zones set out in the annex to that implementing decision. (3) since the date of its adoption, implementing decision (eu) 2017/247 has been amended several times to take account of developments in the epidemiological situation in the union as regards avian influenza. in particular, implementing decision (eu) 2017/247 was amended by commission implementing decision (eu) 2017/696 (5) in order to lay down rules regarding the dispatch of consignments of day-old chicks from the areas listed in the annex to implementing decision (eu) 2017/247. that amendment took into account the fact that day-old chicks pose a very low risk for the spread of highly pathogenic avian influenza compared to other poultry commodities. (4) implementing decision (eu) 2017/247 was also subsequently amended by commission implementing decision (eu) 2017/1841 (6) in order to strengthen the disease control measures applicable where there is an increased risk for the spread of highly pathogenic avian influenza. consequently, implementing decision (eu) 2017/247 now provides for the establishment at union level of further restricted zones in the concerned member states, as referred to in article 16(4) of directive 2005/94/ec, following an outbreak or outbreaks of highly pathogenic avian influenza, and the duration of the measures to be applied therein. implementing decision (eu) 2017/247 now also lays down rules for the dispatch of live poultry, day-old chicks and hatching eggs from the further restricted zones to other member states, subject to certain conditions. (5) in addition, the annex to implementing decision (eu) 2017/247 has been amended numerous times, mainly to take account of changes in the boundaries of the protection and surveillance zones established by the concerned member states in accordance with directive 2005/94/ec. (6) the annex to implementing decision (eu) 2017/247 was last amended by commission implementing decision (eu) 2018/1307 (7), following the notification by bulgaria of a further outbreak of highly pathogenic avian influenza in a poultry holding in the plovdiv region of that member state. bulgaria also notified the commission that it had duly taken the necessary measures required in accordance with directive 2005/94/ec following that outbreak, including the establishment of protection and surveillance zones around the infected poultry holding. (7) since the date of the last amendment made to implementing decision (eu) 2017/247 by implementing decision (eu) 2018/1307, bulgaria has notified the commission of three new outbreaks of highly pathogenic avian influenza of subtype h5 in poultry holdings in the regions of plovdiv and haskovo in that member state. (8) bulgaria has also notified the commission that it has taken the necessary measures required in accordance with directive 2005/94/ec following these new outbreaks, including the establishment of protection and surveillance zones around the infected poultry holdings in that member state. (9) the commission has examined those measures in collaboration with bulgaria, and the commission is satisfied that the boundaries of the protection and surveillance zones, established by the competent authority of bulgaria, are at a sufficient distance to the poultry holdings where the new outbreaks have been confirmed. (10) in order to prevent any unnecessary disturbance to trade within the union, and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at union level, in collaboration with bulgaria, the protection and surveillance zones established in bulgaria, in accordance with directive 2005/94/ec, following the new outbreaks of highly pathogenic avian influenza in that member state. (11) implementing decision (eu) 2017/247 should therefore be updated to take account of the up-to-date epidemiological situation in bulgaria, as regards highly pathogenic avian influenza. in particular, the newly established protection and surveillance zones in bulgaria, now subject to restrictions in accordance with directive 2005/94/ec, should be listed in the annex to implementing decision (eu) 2017/247. (12) the annex to implementing decision (eu) 2017/247 should be amended to update regionalization at union level in order to include the protection and surveillance zones established in bulgaria, in accordance with directive 2005/94/ec, following the new outbreaks of highly pathogenic avian influenza in that member state, and the duration of the restrictions applicable therein. (13) implementing decision (eu) 2017/247 should therefore be amended accordingly. (14) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 the annex to implementing decision (eu) 2017/247 is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 23 october 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) commission implementing decision (eu) 2017/247 of 9 february 2017 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 36, 11.2.2017, p. 62). (4) council directive 2005/94/ec of 20 december 2005 on community measures for the control of avian influenza and repealing directive 92/40/eec (oj l 10, 14.1.2006, p. 16). (5) commission implementing decision (eu) 2017/696 of 11 april 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 101, 13.4.2017, p. 80). (6) commission implementing decision (eu) 2017/1841 of 10 october 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 261, 11.10.2017, p. 26). (7) commission implementing decision (eu) 2018/1307 of 27 september 2018 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (oj l 244, 28.9.2018, p. 117). annex the annex to implementing decision (eu) 2017/247 is amended as follows: (1) in part a, the entry for bulgaria is replaced by the following: member state: bulgaria area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec haskovo region: municipality of haskovo: konush manastir voyvodovo 18.11.2018 plovdiv region: municipality of maritsa: manole manolsko konare yasno pole 27.10.2018 (2) in part b, the entry for bulgaria is replaced by the following: member state: bulgaria area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec haskovo region: municipality of haskovo: konush manastir voyvodovo from 19.11.2018 to 27.11.2018 municipality of haskovo: dolno voyvodino galabets gorno voyvodino haskovo knizhovnik kozlets malevo mandra orlovo stamboliyski teketo trakiets vaglarovo 27.11.2018 municipality of stambolovo: zhalti bryag 27.11.2018 plovdiv region: municipality of maritsa: manole manolsko konare yasno pole from 28.10.2018 to 5.11.2018 municipality of rakovski land of stryama state hunting farm chekeritsa from 12.10.2018 to 5.11.2018 municipality of maritsa: trilistnik from 12.10.2018 to 5.11.2018 municipality of maritsa: rogosh skutare 5.11.2018 municipality of maritsa: dink krislovo kalekovets zhelyazno voivodino 21.10.2018 municipality of rakovski: rakovski shishmatsi stryama bolyarino belozem chalakovtsi 5.11.2018 municipality of sadovo: sadovo cheshengirovo 5.11.2018
name: council decision (eu) 2018/1582 of 15 october 2018 on the position to be taken on behalf of the union within the joint committee established by the framework agreement on comprehensive partnership and cooperation between the european union and its member states, of the one part, and the socialist republic of viet nam, of the other part, as regards the adoption of the rules of procedure of the joint committee, and the establishent of subcommittees and specialised working groups and the adoption of their terms of reference type: decision subject matter: asia and oceania; eu institutions and european civil service; cooperation policy; european construction; international affairs; politics and public safety date published: 2018-10-22 22.10.2018 en official journal of the european union l 263/61 council decision (eu) 2018/1582 of 15 october 2018 on the position to be taken on behalf of the union within the joint committee established by the framework agreement on comprehensive partnership and cooperation between the european union and its member states, of the one part, and the socialist republic of viet nam, of the other part, as regards the adoption of the rules of procedure of the joint committee, and the establishent of subcommittees and specialised working groups and the adoption of their terms of reference the council of the european union, having regard to the treaty on the functioning of the european union, and in particular articles 207 and 209 in conjunction with article 218(9), thereof, having regard to the proposal of the european commission, whereas: (1) the framework agreement on comprehensive partnership and cooperation between the european union and its member states, of the one part, and the socialist republic of viet nam, of the other part (1) (the agreement) entered into force on 1 october 2016. (2) article 52(1) of the agreement establishes a joint committee, whose tasks include ensuring the proper functioning and implementation of the agreement. (3) article 52(5) of the agreement provides that the joint committee is to adopt its rules of procedure, and article 52(3) provides that it is to set up subcommittees and specialised working groups. (4) in order to ensure the effective implementation of the agreement, the joint committee's rules of procedure should be adopted as soon as possible. (5) the position of the union within the joint committee as regards the adoption of the rules of procedure of the joint committee, and the establishment of subcommittees and specialised working groups and the adoption of their terms of reference should therefore be based on the attached draft decisions of the joint committee, has adopted this decision: article 1 the position to be taken on the union's behalf in the first meeting of the joint committee established pursuant to article 52 of the framework agreement between the european union and its member states, of the one part, and the socialist republic of viet nam, of the other part, as regards the adoption of the rules of procedure of the joint committee, and the establishment of subcommittees and specialised working groups and the adoption of their terms of reference, shall be based on the draft decisions of the joint committee attached to this decision. article 2 this decision shall enter into force on the date of its adoption. done at luxembourg, 15 october 2018. for the council the president f. mogherini (1) oj l 329, 3.12.2016, p. 8. annex 1 decision no 1/ of the eu-viet nam joint committee of adopting its rules of procedure the eu-viet nam joint committee, having regard to the framework agreement on comprehensive partnership and cooperation between the european union and its member states, of the one part, and the socialist republic of viet nam, of the other part (the agreement), and in particular article 52 thereof, whereas: (1) the agreement entered into force on 1 october 2016 (2) in order to contribute to the effective implementation of the agreement, the rules of procedure of the joint committee should be adopted has decided as follows: sole article the rules of procedure of the joint committee, as set out in annex a, are hereby adopted. done at , xxxx. for the eu-viet nam joint committee the chair annex a rules of procedure of the joint committee article 1 tasks and composition 1. the joint committee shall perform the tasks provided for in article 52 of the framework agreement on comprehensive partnership and cooperation between the european union and its member states, of the one part, and the socialist republic of viet nam, of the other part (the agreement). 2. the joint committee shall be composed of representatives of both sides at the highest possible level article 2 meetings 1. the joint committee shall normally meet annually. the meeting of the joint committee shall be convened by the chair. meetings shall be held in ha noi and brussels alternately, on a date fixed by mutual agreement. special sessions of the joint committee may be held at the request of either party, if the parties so agree. 2. if both parties agree, the meetings of the joint committee may exceptionally be held by means of video- or teleconference. 3. the meetings of the joint committee shall be held behind closed doors, unless the chair, in agreement with the parties, decides that the meeting shall be public. article 3 chair 1. the joint committee shall be chaired alternately, for a period of one calendar year, by the party hosting the meeting in the calendar year in question. the high representative of the union for foreign affairs and security policy or the deputy prime minister/minister of foreign affairs of the socialist republic of viet nam shall chair the joint committee provided for in article 52 of the agreement. a party can delegate the authority to preside over all or part of the joint committee meetings to a senior official. 2. the party hosting the first joint committee meeting shall hold the chair from the date of that meeting until 31 december that year. article 4 participants 1. before each meeting, each party shall inform the chair of the intended composition of its delegation. 2. the chair, when appropriate and by mutual agreement between the parties, may invite experts or representatives of other bodies to the meeting to act as observers or to provide information on a particular subject. article 5 secretariat a representative of the european external action service and a representative of the government of the republic of viet nam shall act jointly as secretaries of the joint committee. all communications to and from the chair shall be forwarded to the secretaries. correspondence to and from the chair may be by any written means, including electronic mail. article 6 agendas for meetings 1. the chair shall draw up a provisional agenda for each meeting. the provisional agenda shall be sent, by any written means, together with the relevant documents, to the parties at least 30 days before the beginning of the meeting. the chair may, in agreement with the parties, fix a different time limit for a particular meeting. 2. either party may request the chair to place an item on the agenda by any written means. the provisional agenda shall include all items in respect of which the chair has received such a request not later than 21 days before the date of the meeting. 3. the agenda shall be adopted by the joint committee at the beginning of each meeting. items other than those appearing on the provisional agenda may be placed on the agenda if the parties so agree. 4. both sides may exchange information on the viet nam-eu human rights dialogue at the joint committee meeting. article 7 minutes 1. following each meeting, the chair shall sum up the conclusions reached by the joint committee. the two secretaries shall jointly draw up draft minutes on the basis of those conclusions, within 30 days following the date of the meeting. 2. the parties shall approve the draft within 60 days following the date of the meeting or by any date agreed by the parties. once the parties have approved the draft minutes, two original copies shall be signed by the chair. each party shall receive one original. article 8 decisions and recommendations 1. upon the agreement by the parties, the joint committee may take decisions and make recommendations only within its functions and tasks as stipulated in article 52 of the agreement. 2. decisions or recommendations adopted by the joint committee shall be entitled decision or recommendation respectively, followed by a serial number, the date of their adoption and a description of the subject matter. each decision shall state the date on which it enters into force. 3. the joint committee may decide to adopt decisions or recommendations by means of a written procedure. in such cases, the parties shall agree a time-limit for the duration of the procedure. if at the expiry of that time-limit, no party has expressed opposition to the proposed decision or recommendation, the chair of the joint committee shall declare the decision or recommendation to have been adopted by common agreement. 4. decisions and recommendations adopted by the joint committee shall be made in two authentic copies signed by the chair of the joint committee. 5. each party may publish the decisions and recommendations of the joint committee in its respective official publication. article 9 expenses 1. each party shall bear the expenses it incurs as a result of participating in the meetings of the joint committee, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. 2. each party shall bear the expenses it incurs in connection with interpreting at meetings and translation. 3. the party hosting the meeting shall bear the expenses in connection with the organisation of meetings and reproduction of documents. article 10 sub-committees and specialised working groups 1. in accordance with article 52(3) of the agreement, the joint committee may set up sub-committees and specialised working groups in order to assist it in the performance of its tasks. the sub-committees and specialised working groups shall report to the joint committee after each of their meetings. 2. the joint committee may decide to abolish any existing sub-committees and specialised working groups define or amend its terms of reference or set up further sub-committees and specialised working groups to assist it in carrying out its duties. 3. the sub-committees and specialised working groups shall not have any decision-making power. annex 2 decision no 2/ of the eu-viet nam joint committee of establishing four sub-committees and specialised working groups and adopting their terms of reference the eu-viet nam joint committee, having regard to the framework agreement on comprehensive partnership and cooperation between the european union and its member states, of the one part, and the socialist republic of viet nam, of the other part (the agreement), and in particular article 52(3) thereof, and to article [10] of the rules of procedure of the joint committee, whereas: (1) to allow for expert level discussions on the key areas falling within the scope of the agreement, sub-committees and specialised working groups should be established. upon request, the parties may further agree to amend the list of sub-committees or specialised working groups and/or their scope. (2) according to article [8] of its rules of procedure, the joint committee may decide to adopt decisions by means of a written procedure, [if the written procedure is used in this case] (3) this decision should be adopted in order for the sub-committees and specialised working groups to become operational in a timely manner. has adopted this decision: sole article the sub-committees and specialised working groups listed in annex a are hereby established. the terms of reference of the sub-committees and specialised working groups shall be as set out in annex b. done at, for the eu-viet nam joint committee the chair annex a eu-viet nam joint committee sub-committees and specialised working groups (1) sub-committee on [political issues]; (2) sub-committee on [trade and investment]; (3) sub-committee on [sustainable development]; (4) sub-committee on [good governance, rule of law and human rights] annex b terms of reference of sub-committees and specialised working groups established under the framework agreement on comprehensive partnership and cooperation between the european union and its member states, of the one part, and the socialist republic of viet nam, of the other part article 1 1. at its meetings, each sub-committee and specialised working group may discuss the implementation of the agreement in the areas it covers. the sub-committee on good governance, rule of law and human rights may elaborate cooperation on rule of law, good governance and exchange information on human rights cooperation upon the agreed agenda but shall not cover the issues discussed within the framework of the viet nam eu human rights dialogue. 2. the sub-committees and specialised working groups may also discuss subjects or specific projects related to the relevant area of bilateral cooperation. article 2 the sub-committees and specialised working groups shall work under the authority of the joint committee. they shall report and transmit their minutes and conclusions to the chair of the joint committee within 30 calendar days after each meeting. article 3 1. the sub-committees and specialised working groups shall be composed of representatives of both sides. 2. upon agreement of the parties, the sub-committees and specialised working groups may invite experts to their meetings and may hear them regarding specific points on the agenda, as appropriate. article 4 the sub-committees and specialised working groups shall be co-chaired/chaired alternatively by the party holding the chair of the joint committee. article 5 a representative of the european union and a representative of the government of the socialist republic viet nam shall act jointly as secretaries of the sub-committees and specialised working groups. article 6 1. the sub-committees and specialised working groups shall meet whenever circumstances require upon agreement of the parties, on the basis of a written request from either party, and at least once a year. each meeting shall be held at a place and date agreed by the parties. 2. where one party requests a meeting of a sub-committee or a specialised working group, the secretary of the other party shall reply within 20 working days of receipt of that request. in cases of particular urgency, sub-committees and specialised working groups meetings may be convened at shorter notice, subject to the agreement of the parties. 3. meetings of the sub-committees and specialised working groups shall be jointly convened by the two secretaries. 4. before each meeting, each party shall inform the chair of the intended composition of its delegation. article 7 1. either party may request the chair to place an item on the agenda of a meeting of a sub-committee or a specialised working group. items for inclusion on the agenda shall be submitted to the secretaries at least 20 working days before the date of the meeting in question. any supporting documentation shall be provided to the secretaries at least 20 working days before the meeting. 2. the secretaries shall communicate the draft agenda to the parties not later than 10 working days before the meeting. the agenda shall be finalised upon the agreement of both parties. in exceptional circumstances, upon agreement of the parties, items may be added to the agenda at short notice. article 8 1. the secretaries shall jointly draw up draft minutes of each meeting. 2. the meetings of the sub-committees and specialised working groups shall not be public, unless otherwise decided. article 9 1. each party shall bear the expenses it incurs as a result of participating in the meetings of the sub-committees and specialised working groups, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. 2. each party shall bear the expenses it incurs in connection with interpreting at meetings and translation. 3. the party hosting the meeting shall bear the expenses in connection with the organisation of meetings and reproduction of documents.
name: council decision (cfsp) 2018/1545 of 15 october 2018 amending decision (cfsp) 2017/1869 on the european union advisory mission in support of security sector reform in iraq (euam iraq) type: decision subject matter: social affairs; european construction; asia and oceania; politics and public safety date published: 2018-10-16 16.10.2018 en official journal of the european union l 259/31 council decision (cfsp) 2018/1545 of 15 october 2018 amending decision (cfsp) 2017/1869 on the european union advisory mission in support of security sector reform in iraq (euam iraq) the council of the european union, having regard to the treaty on european union, and in particular articles 42(4) and 43(2) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 16 october 2017, the council adopted decision (cfsp) 2017/1869 (1) establishing a european union advisory mission in support of security sector reform in iraq (euam iraq). (2) following the strategic review of euam iraq, the political and security committee recommended that the mandate of euam iraq be amended and extended by 18 months. (3) decision (cfsp) 2017/1869 should therefore be amended accordingly. (4) euam iraq 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 on european union, has adopted this decision: article 1 decision (cfsp) 2017/1869 is amended as follows: (1) articles 2 and 3 are replaced by the following: article 2 objectives the strategic objectives of euam iraq shall be to: (1) provide advice and expertise to the iraqi authorities at strategic level to identify and define the requirements for the coherent implementation of the security sector reform civilian related aspects of the iraqi national security programme and associated plans; (2) analyse, assess and identify opportunities at national, regional and provincial levels for further union engagement in support of the needs of the civilian security sector reform, informing and facilitating the union's and member states' planning and implementation; (3) assist the union delegation in the coordination of the union's and member states' support in the field of security sector reform, ensuring coherence of union action. article 3 tasks 1. in order to fulfil the objectives set out in point (1) of article 2, euam iraq shall: (a) strengthen the strategic advice on the development of national strategies countering and preventing terrorism (including countering violent extremism) and organised crime, including the definition of policies and action plans for their drafting and their implementation, ensuring an inclusive approach; (b) support the planning directorate of the ministry of interior to plan and follow the implementation of the institutional reforms of the department, as part of the implementation of the national security strategy; (c) support a harmonised implementation of national strategies and contribute to the management and running of the security sector reform architecture within the security sector reform programme systems and the overarching framework; (d) define and support the implementation at strategic level of a comprehensive strategy countering organised crime with specific reference to border management, financial crime in particular corruption, money laundering and trafficking of cultural heritage goods; (e) provide advice to facilitate the inclusion of human rights and gender equality concepts within all national strategies and policies, with a focus on implementation plans in the ministry of interior and through the inspector general's office, the human resources general directorate and training directorate of the ministry of interior; (f) support the adoption of oversight concepts in the ministry of interior as well as those related to countering financial and administrative corruption; (g) contribute to the institutional reform process within the ministry of interior by promoting enhanced institutional coordination, providing conceptual tools to improve their planning, implementation and assessment capabilities at strategic level and delivering advice on managing the human resources dimension of the reform; (h) provide advice on outreach beyond baghdad through support to authorities in assessing the needs of institutions at the provincial and regional level and identifying the opportunities for, and the challenges to, their integration in the reform process; (i) establish and maintain an effective link with key international actors operating in the civilian security sector reform, notably the united nations, nato, the global coalition and the united states of america. 2. in order to fulfil the objectives set out in point (2) of article 2, euam iraq shall: (a) maintain and update a mapping of ongoing and planned activities in support of security sector reform and identify lessons and gaps country-wide; (b) identify medium- to long-term needs and opportunities for possible future union engagement in support of security sector reform, including at regional and provincial levels, with a view to informing and supporting further union planning for possible future engagement, including with nato, in full respect of the principles of inclusiveness, reciprocity and decision-making autonomy of the union. planning will be coordinated with nato in iraq, with a view to strengthening coherence between their respective activities in a mutually reinforcing way, with the objective of building synergies and acquiring support in areas such as logistics, while ensuring full transparency and member states' ownership; (c) identify, in coordination with international donors, quick impact projects which could be delivered through either union instruments or member states' bilateral engagement, such as border management at baghdad airport. 3. in order to fulfil the objectives set out in point (3) of article 2, euam iraq shall: (a) support the cooperation and coordination of national and international stakeholders, focusing on the three levels envisaged under the security sector reform strategy; (b) maintain the lead coordination role within the national security legislation system and in the defence and internal security strategy system; (c) maintain engagement with the support committee on security sector reform as part of the privileged partner status; (d) continue close coordination with the union delegation on civilian security sector reform, including counter-terrorism and intelligence, and with member states present in baghdad through regular meetings at both head of mission and expert levels; (e) support, in close coordination with the union delegation, the incorporation of the principles of the eu strategic framework in support of iraqi security sector reform. 4. in fulfilling the objectives set out in point (3) of article 2, euam iraq shall support coordination with the united nations, in particular the un development programme, and other international actors on the ground, including nato, the global coalition and the united states of america, in order to promote synergies and coherence with due respect to the union's institutional framework.; (2) in article 14, paragraph 1 is replaced by the following: 1. the financial reference amount to cover the expenditure related to euam iraq for the period from 16 october 2017 to 17 october 2018 shall be eur 17 300 000. the financial reference amount to cover the expenditure related to euam iraq for the period from 18 october 2018 to 17 april 2020 shall be eur 64 800 000. the financial reference amount for any subsequent period shall be decided by the council.; (3) in article 17, the second paragraph is replaced by the following: it shall apply until 17 april 2020. article 2 this decision shall enter into force on the date of its adoption. done at luxembourg, 15 october 2018. for the council the president f. mogherini (1) council decision (cfsp) 2017/1869 of 16 october 2017 on the european union advisory mission in support of security sector reform in iraq (euam iraq) (oj l 266, 17.10.2017, p. 12).
name: commission decision (eu) 2018/1537 of 18 july 2017 on state aid sa.38105 2014/c (ex 2014/nn) implemented by the kingdom of belgium for brussels airlines, tui airlines belgium and thomas cook airlines belgium (notified under document c(2017) 5023) (text with eea relevance.) type: decision subject matter: europe; cooperation policy; economic policy; air and space transport; competition; transport policy; regions of eu member states date published: 2018-10-15 15.10.2018 en official journal of the european union l 257/29 commission decision (eu) 2018/1537 of 18 july 2017 on state aid sa.38105 2014/c (ex 2014/nn) implemented by the kingdom of belgium for brussels airlines, tui airlines belgium and thomas cook airlines belgium (notified under document c(2017) 5023) (only the french and dutch texts are authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 108(2) thereof, having regard to the agreement on the european economic area, and in particular article 62(1)(a) thereof, having called on interested parties to submit their comments pursuant to the above articles (1), and having regard to those comments, whereas: 1. procedure (1) on 19 december 2013, a press release from the belgian government's council of ministers announced the approval of a draft royal decree to grant financial aid to users of the services of brussels airport company (hereinafter bac), holder of the operating licence for brussels airport. (2) by letter of 31 december 2013, the commission received a complaint from international airlines group (hereinafter iag), a group that controls various airlines, including british airways and iberia, concerning this project. (3) by letter of 2 january 2014, the airline ryanair also lodged a complaint against this draft. (4) the commission forwarded the complaints of iag and ryanair to belgium and asked for further information in its letter of 13 january 2014. belgium submitted its comments by letter of 5 february 2014. (5) the royal decree, the draft of which was the subject of the complaints mentioned in recitals 2 and 3 was adopted on 7 january 2014. (6) on 11 february 2014 the commission sent a request for information to the applicant. belgium submitted its comments by letter of 2 april 2014. (7) by letter dated 1 october 2014, the commission informed belgium of its decision to initiate the procedure provided for in article 108(2) of the tfeu regarding the measure (the formal investigation procedure). the commission invited belgium to submit its comments and to provide any relevant information for the assessment of the measure at issue. on 16 january 2015, belgium sent its comments to the commission. (8) the commission's decision to initiate the procedure (hereinafter the opening decision) was published in the official journal of the european union (2). the commission invited interested parties to submit their comments on the measure in question. (9) the commission received comments from ryanair, iag, brussels airlines and another interested party which asked to remain anonymous. the commission forwarded these comments to belgium, which sent its comments on them by letters of 14 august 2015 and 3 june 2016. (10) by letter dated 10 february 2015, the commission sent a request for information to belgium concerning the measure in question. belgium responded on 12 march 2015. belgium provided additional information by letters of 20 march and 16 may 2017. 2. description of the measure 2.1. preliminary considerations general information on brussels airport 2.1.1. airport characteristics and traffic (11) brussels airport is located twelve kilometres north-east of brussels, in the municipality of zaventem. (12) in 2013, the airport handled some 19 million passengers, the estimated theoretical maximum capacity of the airport being 35 million passengers. passenger traffic at brussels airport since 2005 is summarised in table 1. table 1 brussels airport traffic for the period 2005-2015 (commercial and non-commercial passenger traffic) (3) year passengers movements 2005 16 179 733 (+ 3,50 %) 253 255 ( 0,30 %) 2006 16 707 892 (+ 3,30 %) 254 772 (+ 0,60 %) 2007 17 877 618 (+ 7,10 %) 264 366 (+ 3,80 %) 2008 18 515 730 (+ 3,40 %) 258 795 ( 2,10 %) 2009 16 999 154 ( 8,20 %) 231 668 ( 10,5 %) 2010 17 180 606 (+ 1,10 %) 225 682 ( 2,60 %) 2011 18 786 034 (+ 9,30 %) 233 758 (+ 3,60 %) 2012 18 971 332 (+ 1 %) 223 431 ( 4 %) 2013 19 133 222 (+ 0,90 %) 216 678 ( 3 %) 2014 21 933 190 (+ 14,60 %) 231 528 (+ 6,90 %) 2015 23 460 018 (+ 7 %) 239 349 (+ 3,40 %) (13) brussels airport is basically open to european and international commercial traffic. table 2 summarises the shares of european and international passenger traffic in the airport's total traffic. table 2 evolution of eu/non-eu commercial passenger traffic (excluding non-commercial passenger traffic) at brussels airport for the period 2005-2015 eu non-eu total 2005 11 089 996 (68,74 %) 5 043 410 (31,26 %) 16 133 406 2006 11 760 414 (70,56 %) 4 906 108 (29,44 %) 16 666 522 2007 12 235 290 (68,59 %) 5 602 924 (31,41 %) 17 838 214 2008 11 986 491 (64,9 %) 6 493 416 (35,1 %) 18 479 907 2009 10 730 415 (63,2 %) 6 240 239 (36,8 %) 16 970 654 2010 10 530 785 (61,4 %) 6 618 631 (38,6 %) 17 149 416 2011 11 650 291 (62,1 %) 7 105 912 (37,9 %) 18 756 203 2012 11 437 193 (60,4 %) 7 506 495 (39,6 %) 18 943 688 2013 11 661 585 (61 %) 7 443 813 (39 %) 19 105 398 2014 14 134 723 (64,5 %) 7 770 000 (35,5 %) 21 904 723 2015 15 549 806 (66,4 %) 7 873 461 (33,6 %) 23 423 267 (14) brussels airport serves as a transport hub for various airlines, such as brussels airlines, its partners in the star alliance, and jet airways. (15) table 3 shows the traffic of the main airlines operating out of brussels airport over the period 2012 to 2015. table 3 main airlines operating out of brussels airport (2012-2015) number of passenger departures (including transit and transfer passengers) 2012 2013 brussels airlines 2 931 025 2 957 455 tui airlines belgium 720 655 725 800 thomas cook airlines belgium 411 093 411 636 lufthansa 420 072 410 153 easyjet 382 875 396 969 number of passenger departures (including transit and transfer passengers) 2014 2015 brussels airlines 3 351 032 3 750 725 ryanair 639 335 908 990 tui airlines belgium 813 014 803 200 easyjet 499 129 496 576 lufthansa 413 618 438 253 thomas cook airlines belgium 428 737 423 671 (16) low-cost airlines ryanair and vueling have been operating out of brussels airport since february 2014. upon its arrival at brussels airport, ryanair opened nine routes, from its second base in belgium after charleroi airport. 2.1.2. operation and ownership of airport infrastructure bac (17) since 2004, brussels airport has been managed by bac pursuant to the royal decree of 27 may 2004 (4) (hereinafter the royal decree of 27 may 2004). bac also owns the airport facilities. (18) bac is the successor to the public limited-liability company known as brussels international airport company (biac). (19) bac is a private company. 75 % of bac shares are held by private investors: 38,99 % by a canadian pension fund (5) and 36,01 % by an australian group (6). the remaining shares (25 %) are held by the belgian state. the board of directors is composed of 11 members, four of whom are appointed by the belgian state, including the chairman of the board of directors. 2.1.3. regulatory framework for the management of brussels airport (20) under article 6(1)(x)(7) of the special law of 8 august 1980 on institutional reform (7), competence for airport facilities and operation is entrusted to the regions, with the exception of brussels airport, which is under the jurisdiction of the federal state. (21) chapter iv of the royal decree of 27 may 2004 sets out the operating conditions for the facilities at brussels airport. operation is subject to the prior granting by royal decree of an individual operating licence of indefinite duration. article 30 of the royal decree of 27 may 2004 provides that the holder of an operating licence must, in particular: 1. maintain and develop airport facilities under financially acceptable conditions so as to ensure the safety of persons and the security of airport facilities, the continuous certification of airport facilities, sufficient capacity, taking account of growing demand and the international role of brussels airport, and a high level of quality; (22) the operating licence for brussels airport was awarded to biac (which became bac in 2013) by the royal decree of 21 june 2004 (8) (hereinafter the royal decree of 21 june 2004). article 4(4) of the royal decree provides that the holder of the operating licence shall ensure that ( ) security and safety on the ground are maintained, excluding general policing and aeronautical inspection tasks, and military tasks. article 7(1) provides that the holder of the operating licence shall maintain and develop the airport facilities ( ) in such a way as to ensure the safety and security of persons and airport facilities ( ). (23) within brussels airport, there are regulated activities, the revenue of which may be collected by the holder of the airport operating licence (in this case, bac). the revenue is controlled in accordance with a tariff control formula designed to limit changes in the revenues collected per unit of traffic for these activities (9). these regulated activities are as follows: (a) aircraft landings and take-offs; (b) aircraft parking; (c) use by passengers of the airport facilities provided for them; (d) supply of fuel to aircraft through centralised infrastructure; (e) services to ensure the safety of passengers and the security of airport facilities. (24) article 30(7) of the royal decree of 27 may 2004 provides for a tariff system, covering the coherent set of airport charges (10), and the tariff control formula referred to in recital 23 shall be established by the holder of the operating licence, after consultation with the organisations representing users. the tariff control formula is intended to limit changes in revenue that the licence holder may charge per unit of traffic for the regulated activities. (25) moreover, article 42 of the royal decree of 21 june 2004 stipulates that the tariff control formula and the tariff system referred to in article 30(7) of the royal decree of 27 may 2004 shall be established in such a way as to: 1. reflect the total regulated costs on the basis of the results of the abc cost model; 2. ensure a fair margin of return on the capital invested, with a view, in particular, to ensuring the development of airport facilities ( ); 3. align the rates of the airport charges for the regulated activities with tariffs charged by the reference airports on the basis of the results of the reference tariff model. article 43 of the royal decree of 21 june 2004 provides that the tariff system, the tariff control formula and annual changes to them are set by bac, after consultation with airport users, for a five-year regulation period (running from 1 april of year n to 31 march of year n + 5). pursuant to article 55(1) of the royal decree of 21 june 2004, in the absence of notification of a substantiated disagreement of an airport user with bac's tariff proposal, there is a tacit agreement between the parties on the tariff system and the rate control formula. if at least two unrelated airlines, each representing at least 1 % of annual movements or 1 % of annual passengers, and representing together at least 25 % of annual movements or 25 % of passengers over the last calendar year preceding the consultation of airport users, refuse the tariff control formula or the tariff system, they may lodge a reasoned appeal with the economic regulatory authority. the economic regulatory authority may then validate the tariff control formula and the tariff system, or require certain adjustments or changes to the tariff control formula and/or tariff system. the tariff control formula and tariff system shall then be presented for a decision by the minister with responsibility for air navigation before being published in the belgian official gazette. the security charge referred to in recital 26 shall be determined using the same procedure (11). (26) as stated in recital 23 under point (e) of this decision, services to ensure the safety of passengers and the security of airport facilities are among the regulated activities. in order to fund these services, bac levies a security charge from airlines for each passenger departing from brussels airport. table 4 amount of the security charge for the period 2013-2017 period amount of security charge (per departing passenger, in eur) 1 january 2013 - 31 march 2013 6,39 1 april 2013 - 31 march 2014 6,62 1 april 2014 - 31 march 2015 6,71 1 april 2015 - 31 march 2016 6,73 1 april 2016 - 31 march 2017 6,19 (27) during the period in question, the security charge levied by bac was a flat rate per departing passenger, with no distinction as to type of passenger (passenger starting their air route from brussels airport, transfer passenger or transit passenger). 2.2. the royal decree of 7 january 2014 (28) the measure covered by this decision is the grant, pursuant to the royal decree of 7 january 2014 (12), (hereinafter the royal decree of 7 january 2014), of subsidies to various airlines, from funds received by bac from the belgian federal government and redistributed in accordance with the rules laid down in that royal decree. (29) pursuant to article 1 of the royal decree of 7 january 2014, an annual subsidy of eur 19 000 000 is hereby granted to bac to support security-related infrastructure, i.e. all activities to ensure the safety of passengers and the security of airport facilities, such as the screening of passengers and their baggage upon entering the airport's restricted area for the purpose of detecting any explosives, weapons or other dangerous items. this subsidy is granted for the 2014, 2015 and 2016 budget years. it shall be paid annually to bac's account no later than 31 march of each year. (30) pursuant to article 2(1) of the royal decree of 7 january 2014, bac redistributes to users of brussels airport (13) having carried more than 400 000 departing passengers between 1 january and 31 december 2012, not including transit or transfer passengers, the subsidy referred to in article 1 of the royal decree, in proportion to the amount they paid for services to ensure the safety of passengers and the security of airport facilities during the previous year. (31) article 2(2) of the royal decree of 7 january 2014 states that the amount paid to each user complying with the conditions referred to in article 2(1) of the royal decree is to be calculated annually on the basis of the number of departing passengers, including transit and transfer passengers, for the years 2013, 2014 and 2015; over and above the 400 000th passenger per year, the user is exempted, for the years 2013, 2014 and 2015, from paying for services to ensure the safety of passengers and the security of airport facilities, up to a maximum total annual amount of nineteen million euros (eur 19 000 000). (32) article 4 of the royal decree of 7 january 2014 stipulates that this budget measure will be assessed in the course of 2015 so that it can be adjusted before the start of the new 2016-2021 tariff period. the tariff period referred to in this provision corresponds to the five-year tariff schedule period for airport charges at brussels airport, as provided for in article 43 of the royal decree of 21 june 2004. (33) the royal decree of 7 january 2014 states that it is to take effect on 1 january 2013. 2.3. payments made pursuant to the royal decree of 7 january 2014 (34) contrary to article 2(1) of the royal decree of 7 january 2014 ( bac redistributes to users of brussels airport ( ) the subsidy referred to in article 1( )), belgium made the payments due directly to the airlines, without them passing through bac. (35) according to belgium, bac expressly asked the belgian authorities, in its letter of 8 july 2014, to pay the amounts directly to the bank accounts of the beneficiary airlines in order to facilitate the administrative implementation of the royal decree of 7 january 2014. (36) on 12 september 2014, the council of ministers took note of bac's wish as expressed in its letter of 8 july 2014 and approved the proposed simplification of the procedure, i.e. direct payment of the sums concerned to the accounts of the beneficiary airlines. (37) on 22 september 2014, the airlines satisfying the criteria set out in the royal decree of 7 january 2014, namely brussels airlines, tui airlines belgium and thomas cook airlines belgium, received eur 16 779 819, eur 2 143 621 and eur 76 560 respectively for 2013. (38) belgium has provided details of the calculations of these amounts, thereby clarifying the application of the royal decree of 7 january 2014 (14). (39) belgium first determined that only three airlines, brussels airlines, tui airlines belgium and thomas cook airlines belgium were eligible for the scheme, since no other airline had carried more than 400 000 departing passengers between 1 january and 31 december 2012, not including transit or transfer passengers. (40) the amounts due to each of these three airlines in 2014 were calculated based on the number of departing passengers carried by each of them in each month of 2013, including transfer and transit passengers. for each airline, the month in which the threshold of 400 000 departing passengers since 1 january 2013 was exceeded and the safety charge in force during that month were identified. the amount of the security charge payable by each airline, month by month, for each passenger carried, over and above the first 400 000 passengers carried since 1 january 2013 was then calculated. this amount corresponds to the subsidy that would be due to the airline pursuant to the royal decree of 7 january 2014 in the absence of a budget ceiling. (41) in order to abide by the budget ceiling of eur 19 000 000 per year, cross-multiplication is then applied to the three amounts thus calculated, in order to determine the amount actually due to each airline in respect of 2013. 2.4. beneficiaries (42) in the opening decision, the commission identified the airlines satisfying the criteria set out in article 2(1) of the royal decree of 7 january 2014 as the sole potential beneficiaries of the measure that could constitute state aid under the formal investigation procedure. 2.5. suspension of the application of the royal decree of 7 january 2014 (43) following the opening of the formal investigation procedure, belgium decided, as a precautionary measure and without prejudice to its position on the preliminary assessment made by the commission in the opening decision, to suspend from 3 december 2014 the implementation of the royal decree of 7 january 2014. belgium undertook not to make any payment pursuant to the royal decree until further notice. according to the information available to the commission, belgium has complied with that undertaking. 2.6. the royal decree of 15 march 2017 (44) on 15 march 2017, a royal decree (15) (hereinafter the royal decree of 15 march 2017) repealing the royal decree of 7 january 2014 was adopted. (45) furthermore, pursuant to article 2 of the royal decree of 15 march 2017, the subsidies provided for by the repealed royal decree and levied while it was in force by the airlines concerned, namely from 1 january 2013 to 7 january 2014, must be repaid by 31 march 2017 to the belgian federal authorities. that article also provides that the amounts to be recovered attract interest from the date on which the subsidies were paid to the beneficiary until they are actually recovered. the interest shall be calculated in accordance with chapter v of commission regulation (ec) no 794/2004 (16). belgium has provided the commission with a document showing that brussels airlines, tui airlines belgium and thomas cook airlines belgium have repaid all the subsidies received, with interest, in accordance with article 2 of the royal decree of 15 march 2017. 3. grounds for initiating the formal investigation procedure (46) in its opening decision, the commission first of all examined whether there was state aid for airlines satisfying the conditions laid down in article 2(1) of the royal decree of 7 january 2014. it then considered the compatibility of this possible aid. finally, it considered whether or not this possible aid was illegal and whether it should be recovered. (47) regarding the existence of state aid, the commission first analysed the activity of the beneficiaries of the measure in question. since the users of brussels airport to which bac has to redistribute the subsidy are airlines, the commission considered that their activity was of an economic nature within the meaning of article 107(1) tfeu. (48) regarding the presence of state resources and the state's accountability for the measure, the commission found that the subsidy was granted pursuant to a royal decree and funded by the belgian budget, specifically the budget of the federal public service for mobility and transport. in addition, pursuant to article 2 of the royal decree of 7 january 2014, bac must redistribute to users of brussels airport that carried more than 400 000 departing passengers (passengers in transit and transfer not included) between 1 january and 31 december 2012 the subsidy referred to in article 1 of the royal decree in accordance with rules laid down entirely by the royal decree. the commission therefore considered that the measure for making payments to certain airlines pursuant to article 2 of the royal decree was attributable to belgium and funded out of state resources. (49) regarding the presence of an economic advantage for the airlines, the commission noted that, pursuant to article 2 of the royal decree of 7 january 2014, bac was not free to maintain the charges collected from the airlines once the subsidy granted by the royal decree had been received, but was obliged to pass on the effects of this subsidy to certain airlines, which constitutes an economic advantage for those airlines. (50) moreover, the commission has reached a preliminary conclusion that the measure is selective. it benefits only the airlines using brussels airport which satisfy a number of conditions relating to traffic at brussels airport in 2012. according to the commission's preliminary analysis, the eligibility of airlines for the scheme concerned is based on discriminatory criteria unrelated to the purpose and nature of the measure, effectively favouring three airlines while excluding without good reason all other users of brussels airport. (51) the commission has found on a preliminary basis that this selective advantage is likely to create distortions of competition in the internal market and affect trade between member states, as it may allow the airlines concerned to pursue a more aggressive tariff policy and maintain or artificially increase the supply of services provided in relation to normal market conditions. (52) the commission came to a preliminary conclusion that the subsidy received by the beneficiary airlines constituted state aid within the meaning of article 107(1) tfeu. (53) the commission also stated in its opening decision that there was no legal basis exempting belgium from notifying this aid under article 108(4) tfeu. in particular, the commission noted that the subsidies in question were not covered by the general block exemption regulation (17), to the extent that they did not fulfil the conditions laid down in chapter i of that regulation. the commission therefore considered that the measure was likely to constitute unlawful aid, the royal decree of 7 january 2014 having entered into force without having been notified to the commission. (54) finally, the commission expressed doubts as to the compatibility of the possible aid with the internal market, in particular in the light of the commission's guidelines on state aid to airports and airlines of 4 april 2014 (hereinafter the aviation guidelines) (18) which do not allow for state aid to be granted to airlines for their activities departing from airports handling more than five million passengers a year that are not located in remote areas (19), such as brussels airport. 4. comments from belgium on the opening decision (55) on 15 january 2015, belgium sent the commission its comments on the opening decision. 4.1. the existence of state aid (56) belgium first recalls the conditions that must all be met to classify a measure as state aid, in particular that (1) the beneficiary or beneficiaries must be undertakings within the meaning of article 107(1) tfeu; (2) the measure must be granted through state resources and be imputable to the state; (3) the measure must confer a selective advantage on its recipient(s); and (4) the measure must distort or threaten to distort competition and must be likely to affect trade between member states. (57) belgium goes on to state that it does not dispute that the measure in question is imputable to the state and that it is likely to affect trade between member states. (58) on the other hand, belgium considers that it is not (1) a subsidy granted to an undertaking engaged in an economic activity, or (2) a selective advantage, which are sufficient grounds to rule out the measure introduced by the royal decree of 7 january 2014 being classified as state aid. (59) the arguments put forward by belgium in support of these two conclusions are summarised in recitals 60 to 72. 4.1.1. notion of undertaking and economic activity (60) belgium notes that, according to article 107 of the tfeu, the definition of undertaking covers every entity engaged in an economic activity, regardless of the legal status of the entity and the way in which it is financed. (61) it also points out that activities carried out for the exercise of the official powers of the public authorities are not regarded as economic. (62) regarding airports, such activities include, in particular, security, air traffic control and policing. (63) in the view of belgium, it follows that activities related to airport security do not constitute an economic activity within the meaning competition law and that their financing does not therefore constitute state aid. (64) in that respect, belgium considers that it is possible for an entity to combine the exercise of powers of a public authority with the exercise of certain economic activities, and that the entity is therefore subject to the rules applicable to state aid only for its economic activities. (65) belgium takes the view that the financing of services relating to airport security, as laid down by the royal decree of 7 january 2014, does not constitute state aid, in that such activities fall within the scope of the exercise of the official powers of the public authorities. 4.1.2. existence of a selective advantage (66) belgium further considers that the measure in question does not confer on its beneficiaries any advantage within the meaning of the state aid rules. (67) more specifically, it makes reference to the fact that the existence of an advantage must be established by making a comparison between the situation being considered and the normal situation. (68) accordingly, in order to assess whether in the present case an advantage exists within the meaning of the state aid rules, in belgium's view, a comparison should be made between the measure covered by this procedure and a comparable situation in belgium, in order to verify whether or not the contested measure confers such an advantage to the beneficiary airlines. (69) belgium points out that, until the adoption of the measure in question, only brussels airport charged its users a fee covering the security costs incurred by their use of the airport, with no public subsidy. according to belgium, the situation of brussels airport therefore differs from that of the other airports, located in the walloon region and the flemish region, where all costs related to airport safety and security services are borne by the regions concerned. belgium makes reference to the commission decision of 1 october 2014 in the case concerning the measures implemented by belgium in favour of charleroi airport and ryanair (20) (hereinafter the charleroi decision) and in particular recitals 269 and 270 thereof. (70) belgium claims that, as a result, in belgium the market price for airport services charged to airlines appears not to include the total costs related to airport security. in that regard, it takes the view that the commission, in the charleroi decision, did not consider that this constituted state aid. 4.1.3. the threshold of 400 000 passengers per year and its impact on the selectivity of the measure (71) regarding the threshold of 400 000 passengers, belgium refers in particular to its letter of 2 april 2014, in which, before the opening of the formal investigation procedure, it put forward its arguments as to the merits of this threshold; these arguments are summarised in points 46 to 49 of the opening decision. belgium adds to these arguments that the aim was to encourage airlines to expand in brussels by compensating them for the reduced safety costs entailed by an increase in passengers. (72) moreover, on the basis of the periodic assessment clause of the scheme, provided for in article 4 of the royal decree of 7 january 2014, belgium refers to a possible extension of the measure for a further three years mutatis mutandis, i.e. benefiting the airlines that have carried more than 400 000 departing passengers in 2015. belgium concludes that the mechanism is an incentive in that it is likely to lead to a redistribution of the list of beneficiaries every three years, for all carriers having exceeded the threshold of 400 000 passengers over the three-year assessment period. 4.2. compatibility of the possible aid (73) since belgium considers that the measure introduced by the royal decree of 7 january 2014 does not constitute state aid, it does not see the relevance of indicating the legal basis on which the measure could be declared compatible with the internal market and demonstrating that the conditions for compatibility are met. 4.3. legality and recovery of the possible aid (74) belgium considers that the consideration of whether or not the measure in question was notified to the european commission in accordance with article 108(3) tfeu is irrelevant. (75) it therefore considers that the question as to whether the measure is subject to recovery is not relevant either. 5. comments from interested third parties 5.1. comments by ryanair (76) on 13 february 2015, ryanair sent the commission its comments on the opening decision. 5.1.1. possible injunction to suspend the aid (77) ryanair shares the commission's preliminary findings regarding the existence of state aid, and calls upon the commission to order belgium to suspend the measure in question. (78) according to ryanair, the very purpose of the measure is clearly anti-competitive because this measure aims to distort competition by putting other airlines at a disadvantage, notably the low-cost airlines operating at brussels airport. (79) furthermore, ryanair considers that the beneficiaries of the measure (notably brussels airlines, tui airlines belgium and thomas cook airlines belgium) have used it to strengthen a pre-existing strategic partnership aimed at facing up to a range of efficient competitors, such as ryanair and vueling, at the brussels airport hub. 5.1.2. the structure of the measure and its status as state aid (80) first, ryanair agrees with the commission's preliminary findings regarding the arbitrary nature of the 400 000 passenger threshold, which ryanair considers to be devoid of economic logic. (81) secondly, ryanair emphasises that the eligible airlines are selected on the basis of a criterion that excludes transfer and transit passengers, while the amounts due to each beneficiary do take account of those categories of passengers. ryanair sees this as an inconsistency, and assumes that the differences in treatment caused by the measure concerning transit and transfer passengers are logically explained by belgium's aim to exclude non-belgian airlines from the scope of the measure. (82) finally, ryanair agrees with the commission's preliminary analysis that the choice of 2012 as the reference year for identifying the beneficiaries of the measure is arbitrary. ryanair notes that this is not the only year for which data were available, as bac publishes passenger traffic data on its website every month for the previous month. 5.1.3. incompatibility of the aid (83) ryanair considers that the aid cannot be declared compatible with the internal market in that it infringes the rules on the freedom to provide services. according to ryanair, the aid favours the services offered by some carefully selected belgian airlines. ryanair points out that no major belgian airline appears to be excluded from the list of beneficiaries, and that the belgian minister of transport has himself admitted that the purpose of the measure is to support national airlines. (84) in addition, ryanair reports hostile statements against it, from the then belgian government, which ryanair claims is opposed to its establishment at brussels airport; its aim, though this anticompetitive aid, is to discourage all new offerings of services by low-cost airlines from this airport. 5.1.4. the financial difficulties of brussels airlines (85) ryanair notes that brussels airlines has reported operating losses every year since 2009. ryanair considers that, without the intervention of belgium, brussels airlines would probably have been driven out of the market in the short or medium term. according to ryanair, the situation was so critical that brussels airlines immediately included the expected aid in its 2013 annual accounts, while its entitlement to receive this amount was still uncertain. (86) ryanair calls upon the commission to use all its powers under council regulation (ec) no 659/1999 (21), replaced by council regulation (eu) 2015/1589 (22), to request detailed and up-to-date financial information on the accounts of brussels airlines, tui airlines belgium and thomas cook airlines belgium for 2012, 2013 and 2014. ryanair also asks the commission to check how the aid was reflected in the beneficiaries' accounts in order to determine whether those beneficiaries are firms in difficulty within the meaning of the version of the guidelines on state aid for rescuing and restructuring that were applicable at the time. 5.2. comments by international airlines group (iag) (87) on 16 february 2015, iag sent the commission its comments on the opening decision. 5.2.1. imputability of the measure to the state (88) according to iag, it is clear that the measure was approved by belgium by means of the royal decree of 7 january 2014, and that it is based on state resources, in particular on the budget of the federal public service for mobility and transport. iag also emphasises that bac's role in the management and distribution of this resource is restricted to implementing the decisions of the belgian state, as the rules for the distribution of the funds received by bac from the state are determined solely by the provisions of the royal decree. according to iag, the fact that bac is a private operator does not therefore call into question the presence of state resources and the imputability of the measure to the state. 5.2.2. existence of a selective advantage in favour of the airlines (89) iag points out that the airlines that did not operate in 2012 are automatically excluded from the royal decree of 7 january 2014. it considers that, although the measure is presented as being of general application to all users of brussels airport, the measure has been devised in such a way that it can apply only to a few of the airlines. 5.2.3. regarding transit and transfer passengers (90) iag refers to one of belgium's statements about the selectivity of the measure, namely that unlike the brussels airport, many european airports do not exempt transit and transfer passengers and do pass their security charges on to them. iag qualifies this statement on the basis of a number of examples of major european airports. (91) furthermore, iag notes that following the losses posted by brussels airlines in recent years, lufthansa decided to postpone its decision to acquire all the shares of brussels airlines until 2017, whereas this decision was initially planned in 2014. according to iag, lufthansa is not likely to complete the acquisition of brussels airlines until it has improved its balance sheet, even with public funds. 5.3. comments by brussels airlines (92) on 23 february 2015, brussels airlines sent the commission its comments on the opening decision. (93) brussels airlines considers that the measure in question does not constitute state aid because it concerns the funding of non-economic activities and, in any event, does not confer a selective advantage on the beneficiaries of the subsidy. (94) secondarily, brussels airlines considers that the measure is compatible with the internal market before the entry into force of the aviation guidelines. 5.3.1. notion of undertaking and economic activity (95) brussels airlines considers that the subsidy granted by the royal decree of 7 january 2014 relates to non-economic activities, providing for partial financial compensation for them. (96) in support of this analysis, brussels airlines refers to the decision to extend the examination procedure of 21 march 2012 in case sa.14093 (c76/2002) advantages granted by the walloon region to brussels south charleroi airport and ryanair (23). (97) according to brussels airlines, the airlines operating at charleroi airport do not pay security charges at that airport and, according to the commission's decision of 21 march 2012, this does not imply that they are receiving state aid. brussels airlines also notes that the charleroi decision, which closed the formal investigation procedure extended by the decision of 21 march 2012, according to a minister from the walloon region, endorsed the financial compensation for security granted by the walloon region to charleroi airport and, therefore, according to brussels airlines, to its operators. 5.3.2. selective advantage (98) brussels airlines refers to point 44 of the opening decision, in which the commission concluded that the measure is selective for three reasons: (1) the measure benefits only airlines and not other modes of passenger transport, (2) the measure benefits airlines operating at brussels airport, and (3) the measure benefits airlines that satisfy certain conditions regarding traffic at brussels airport. (99) referring to the first point, brussels airlines expresses doubts as to the selectivity of the subsidy because it is granted only to airlines. brussels airlines considers that there are objective reasons behind the differentiation between air traffic and other modes of passenger transport, since they do not involve as many security risks as air transport. (100) as regards the second point, brussels airlines makes reference to belgian law which provides for the distribution of aid only to airlines operating at brussels airport. the belgian regions are responsible for the equipment and operation of public airports and aerodromes, with the exception of brussels airport, which is under federal jurisdiction. accordingly, brussels airlines concludes that the federal state can provide this subsidy at brussels airport only and not at other airports. (101) regarding the third point, brussels airlines invites the commission to refer to the federal state which adopted the royal decree of 7 january 2014. however, it wishes to clarify that, in its view, a threshold related to the number of passengers is relevant in the case of a subsidy for airport security-related services because airport security costs are also related to the number of passengers. (102) brussels airlines also considers that the use of 2012 as the reference year is explained by the fact that this was the latest year for which the figures were available when the council of ministers decided to adopt the measure. brussels airlines believes that the choice of a reference point is clearly still to a certain extent arbitrary. according to the analysis by brussels airlines, by choosing 2012 as the reference year, belgium does not appear to have exceeded the bounds of its discretion on this point. (103) brussels airlines concludes that the measure does not confer a selective advantage. 5.3.3. compatibility of the aid (104) brussels airlines wishes to point out that if the commission were nevertheless to conclude that aid existed, that aid was compatible until at least 4 april 2014, the date of entry into force of the aviation guidelines. on this point, brussels airlines refers to the aforementioned charleroi decision, in which the commission accepted that several measures granted by the walloon region to the operator of charleroi airport, which subsidised the economic activity of the airport in a selective way, therefore making it unlawful state aid, were incompatible with the internal market only since the entry into force of the aviation guidelines. (105) according to the brussels airlines analysis, this implies that the subsidies paid for security-related services provided before that date cannot in any case be recovered from the undertakings that received them. 5.3.4. conclusion (106) brussels airlines considers that the measure in question does not constitute state aid because it does not subsidise an economic activity and does not confer a selective advantage. in any event, it notes that the measure must be considered compatible with the internal market before the entry into force of the aviation guidelines. 5.4. observations of another interested party which asked to remain anonymous (107) on 26 february 2015, another interested party, which asked to remain anonymous (hereinafter the interested party which asked to remain anonymous), sent the commission its comments on the opening decision. (108) firstly, the interested party which asked to remain anonymous recalls that the programme law of 30 december 2001 (24) expressly provides that (25) airport charges collected by bac must be non-discriminatory, transparent and cost-oriented. (109) it further points out that the royal decree of 7 january 2014 cannot call into question the provisions of the programme law because the latter is of higher rank than a royal decree. (110) the interested party which asked to remain anonymous observes that on the basis of the programme law, belgium granted bac the licence to operate at brussels airport. therefore, according to the interested party which asked to remain anonymous, belgium should ensure compliance with the conditions attached to the licence and therefore the non-discriminatory nature of airport charges. the interested party which asked to remain anonymous considers that if bac does not abide by these conditions, belgium can and must take measures to remedy them. (111) the interested party which asked to remain anonymous therefore doubts whether belgium aimed to support the belgian airlines concerned without prejudice to the economic schedule referred to in recital (108) and therefore wonders whether bac should not offer all the same discount on the cost of security measures to all airlines using brussels airport. (112) furthermore, the interested party which asked to remain anonymous recalls that there is a five-year agreement between bac and the airlines with respect to the pricing system and tariff control procedures. any change to the current agreement requires the airlines to be consulted again. (113) the interested party which asked to remain anonymous therefore concludes that belgium assumes that bac must offer all the airlines a non-discriminatory discount (i.e. reduce the costs of security-related measures across the board). any other arrangement would confer a selective advantage on some airlines and would infringe article 15 of the chicago convention (26) and directive 2009/12/ec of the european parliament and of the council (27). 6. comments by belgium on the observations by interested parties 6.1. comments on the comments by ryanair (114) as a preliminary remark, belgium recalls that in its comments of 16 january 2015 and in its reply of 12 march 2015 to the request for information of 10 february 2015, it explained in detail how the contested measure did not constitute state aid. (115) moreover, belgium considers that the points put forward by ryanair are more a reflection of its commercial strategy rather than purely legal arguments. 6.1.1. request for suspension of the aid (116) belgium recalls that, in the light of the doubts expressed by the commission in the opening decision, the minister for mobility decided, as a precautionary measure and without prejudice to his position on the commission's preliminary assessment in the opening decision, to suspend the implementation of the royal decree of 7 january 2014. 6.1.2. the existence of state aid (117) commenting on ryanair's arguments on the existence of state aid, including the alleged arbitrariness of the threshold of 400 000 passengers per year, the allegedly bizarre character of the treatment of transfer and transit passengers for the identification of beneficiaries of the aid and the calculation of the amount of the aid, and the allegedly arbitrary use of 2012 as the reference year for the selection of aid recipients, belgium refers the commission to its comments dated 16 january 2015 and its reply of 12 march 2015 response to the request for information of 10 february 2015. (118) regarding the arguments regarding the choice of 2012 as a reference year, according to belgium, ryanair failed to specify that although the traffic figures for the previous month are published each month on the bac website, these are only general statistics on the number of passengers departing, arriving, transiting or transferring, not broken down by airline. (119) as regards the statement by the former secretary of state for mobility referred to by ryanair, belgium considers that this statement does not in any way demonstrate the existence of state aid, nor the existence of any other belgian government plan to counter competition from ryanair in relation to other airlines. 6.1.3. compatibility of the alleged aid with the internal market (120) in this regard, belgium recalls that the measure does not constitute state aid because it covers services that are not of an economic nature and, secondarily, it does not confer any advantage on its beneficiaries. (121) belgium concludes that the question of the compatibility of alleged state aid is irrelevant in this case. 6.1.4. regarding the request concerning the beneficiaries' financial information (122) in this regard, belgium points out that the measure in question does not constitute state aid and therefore the commission has no reason to request financial information from brussels airlines, tui airlines belgium or thomas cook airlines belgium. (123) in any event, belgium considers that comments should be invited from the three airlines concerned, if appropriate. 6.2. comments on the comments by iag (124) in its comments on agi's comments, belgium refers the commission to its comments of 16 january 2015 and its reply of 12 march 2015 to the request for information of 10 february 2015, in which it considers that it has explained in detail how the measure in question did not constitute state aid. 6.3. comments on the comments by brussels airlines (125) belgium has taken due note of the comments made by brussels airlines, the main conclusion of which is that the measure in question does not constitute state aid. belgium informs the commission that it agrees with the conclusion of brussels airlines in that regard. 6.4. comments on the comments by the interested party which asked to remain anonymous (126) belgium refers to its comments of 16 january 2015 and its reply of 12 march 2015 to the request for information of 10 february 2015, in which it considers that it has explained in detail how the measure in question did not constitute state aid. 7. assessment 7.1. existence of state aid (127) according to article 107(1) of the tfeu, any aid granted by a member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between member states, be incompatible with the internal market (128) for a measure to be classed as state aid the following cumulative criteria therefore have to be met: (1) the beneficiaries must be undertakings within the meaning of article 107(1) tfeu; (2) the measure must be granted through state resources and be imputable to the state; (3) the measure must confer a selective advantage on its recipients; and (4) the measure must distort or threaten to distort competition and must be likely to affect trade between member states (28). 7.1.1. notion of undertaking and economic activity (129) according to article 107(1) of the tfeu, state aid rules apply only where the recipient is an undertaking. the notion of undertaking covers any entity engaged in an economic activity, regardless of its legal status or the way in which it is financed (29). any activity consisting in offering goods or services on a given market is regarded as an economic activity (30). as the commission pointed out in point 34 of the aviation guidelines, the question as to whether or not any entity is an undertaking is always linked to a specific activity. (130) according to belgium, the subsidy paid pursuant to the royal decree of 7 january 2014 funds services to ensure the security of passengers and airport facilities, and therefore does not support activities of an economic nature. belgium refers to the charleroi decision in which the commission considered that the financing by the walloon region of certain activities falling within the remit of public authorities at charleroi airport did not constitute state aid, in particular because these activities were not of an economic nature. brussels airlines put forward similar arguments. (131) the commission is not contesting belgium's right to grant compensation to bac for the security activities it carries out at brussels airport, as such compensation is unlikely to be classed as state aid in favour of bac. however, this procedure relates not to a subsidy paid to bac, but rather a subsidy to the airlines. (132) in this regard, it should be noted that the royal decree of 7 january 2014 provides for bac to pass on the entire subsidy it receives to airlines that carried more than 400 000 departing passengers in 2012. consequently, the subsidy provided for by the royal decree of 7 january 2014, benefits the airlines that transported more than 400 000 departing passengers in 2012, through the redistribution mechanism introduced by article 2 of the royal decree. (133) the subsidies received by the airlines from bac pursuant to article 2 of the royal decree of 7 january 2014 are designed to refund them part of the security charge due to bac. the security charge is one of the airport charges through which airlines pay bac for access to airport infrastructure and the provision of airport services. it is therefore one of the components of the price of commercial services, determined by a private operator providing these services. moreover, the security charge is an amount charged per departing passenger carried by the airline. it is therefore clear that the subsidies in question are funding commercial passenger transport activities which, as the commission explained in point 27 of its aviation guidelines, constitute economic activities. it is not in any case a compensation for costs that should be borne by the airlines when carrying out activities under the responsibility of the state in the exercise of its official remit as a public authority. (134) in the charleroi decision, the commission examined the funding of activities under the responsibility of the state in the exercise of its official remit as a public authority, carried out by the manager of charleroi airport. it did not examine a redistribution mechanism for airlines such as that introduced by article 2 of the royal decree of 7 january 2014. nor did it conclude that any funding received by airlines could not be classed as state aid because it funded non-economic activities. the charleroi decision is therefore not relevant for the purposes of analysing the measure covered by this decision. (135) it follows from the above that the measure examined, namely the subsidy for airlines granted by the royal decree of 7 january 2014, funds an economic activity, namely the commercial carriage of passengers. its beneficiaries, which are airlines, are clearly undertakings within the meaning of article 107(1) tfeu. 7.1.2. state resources and imputability to the state (136) the subsidy is granted pursuant to a royal decree adopted by the council of ministers. article 6 of the royal decree of 7 january 2014 stipulates that the minister with responsibility for air navigation is tasked with implementing the decree. (137) furthermore, the subsidy is financed by resources in the belgian state budget. indeed, article 3 of the royal decree of 7 january 2014 states that: the subsidy referred to in article 1 shall be charged to the basic allocation 52.60.31.32.01, aid to the aviation sector, ( ) of the budget of the federal public service for mobility and transport for budget year 2014. (138) furthermore, article 2 of the royal decree of 7 january 2014 requires bac to redistribute the entire subsidy received from the state to certain airlines, on the basis of amounts determined for each airline in accordance with a method laid down in detail by the royal decree. this provision leaves bac no latitude with respect to the choice of recipient airlines or the amounts allocated to each one. the payments made by bac to the airlines under the royal decree of 7 january 2014 must be regarded as imputable to the state and financed by state resources, and this conclusion is unaffected by the fact that bac is a corporation in which 75 % of the shares are held by private investors (31). (139) it should also be noted that the only payments made pursuant to the royal decree of 7 january 2014 were made without fully abiding by the terms and conditions originally laid down by the decree. the sums due to each airline, calculated in accordance with the provisions of article 2 of that royal decree, were paid directly by the state to airlines satisfying the criteria laid down in article 2(1) of the royal decree, without passing via bac. specifically, on 22 september 2014, the belgian state paid the following amounts directly to the airlines: eur 16 779 819 (brussels airlines), eur 2 143 621 (tui airlines belgium) and eur 76 560 (thomas cook airlines belgium). these direct payments are clearly imputable to the state and financed with state resources. (140) on the basis of these elements, it must be concluded that the subsidy scheme for airlines set up by article 2 of the royal decree of 7 january 2014 is imputable to the state and granted by belgium by means of state resources within the meaning of article 107(1) tfeu. 7.1.3. economic advantage (141) in order to assess whether a state measure constitutes aid to an undertaking, it is necessary to determine whether the undertaking in question enjoys an economic advantage which avoids it to bear costs which would normally have had to burden its own financial resources or if it enjoys an advantage which it would not have enjoyed under normal market conditions (32). (142) only the effect of the measure on the undertaking is relevant, not the cause or the objective of the state intervention (33). whenever the financial situation of an undertaking is improved as a result of state intervention on terms differing from normal market conditions, an advantage is present (34). to assess this, the financial situation of the undertaking following the measure should be compared with its financial situation if the measure had not been introduced (35). since only the effect of the measure on the undertaking matters, it is irrelevant whether the advantage is compulsory for the undertaking in that it could not avoid or refuse it (36). (143) pursuant to article 2 of the royal decree of 7 january 2014, bac is required to redistribute the subsidy received from the state to users of the brussels airport which have carried more than 400 000 departing passengers between 1 january and 31 december 2012, not including transit or transfer passengers, in accordance with the procedures laid down in that article. these payments are intended to refund part of the security charge due to bac by each of the airlines concerned, as shown by the calculation in recitals 39 to 41. the security charge is part of the airport charges set by bac and billed to the airlines in exchange for commercial services, notably access to airport infrastructure, which the airlines need to provide air transport services. moreover, this charge is expressed as an amount charged per departing passenger carried and therefore arises directly out of the airlines' commercial passenger transport activities. it is therefore one of the costs that the airlines operating at brussels airport must bear under normal market conditions. consequently, the measure in question avoids the airlines concerned from bearing costs that would normally have come out of their own financial resources and gives them an advantage which they would not have enjoyed under normal market conditions. (144) according to belgium, in order to assess the existence of an economic advantage in this case, a comparison must be made between the measure covered by the proceedings and a comparable situation in belgium. belgium points out in this respect that until the adoption of the measure in question, only brussels airport charged its users a fee covering the security costs entailed by their use of the airport, without any public intervention. according to belgium, brussels airport differs in this respect from the other airports located in the walloon region and the flemish region, where all costs related to airport security and safety services are borne by the regions concerned. belgium makes reference in this respect to the charleroi decision, and in particular recitals 269 and 270 thereof. on the basis of points 54 to 60 of the aviation guidelines, on the application of the market economy operator principle to measures taken in favour of airlines, and on the use of comparator airport methods to that end, belgium concludes that the measure in question does not offer any economic advantage to the airlines concerned. brussels airlines makes similar arguments, pointing out that no security charge is billed to the airlines at charleroi airport. (145) the commission does not share belgium's view as to the method to be used to assess the existence of an economic advantage in the present case. the commission notes first of all that the aviation guidelines referred to by belgium concern the analysis of the behaviour of an airport manager towards one or more airlines for the purpose of determining whether the charges billed by that manager are in line with the market economy operator principle. the measure under review does not fall within this framework as it relates to a partial state refund of charges billed by a private airport operator to three specific airlines. (146) moreover, for airlines operating in belgium, normal market conditions are a situation in which they bear the entire financial burden of the airport charges billed to them, whatever the differences between those charges may be, the levels of which are set by the various airport managers on the basis of multiple factors such as their respective commercial policies, their respective cost levels, the regional or national regulatory framework in which they must determine these charges, or the extent to which which they must bear the financial burden of the activities falling under the remit of public authorities. normal market conditions do not imply that airport charges at the various belgian airports are uniform, even supposing that they are sufficiently comparable for the method recommended in points 54 to 60 of the aviation guidelines to be applied, which belgium has not attempted to demonstrate. consequently, a subsidy for the purpose of bringing the charges billed at one belgian airport into line with the charges billed at other belgian airports cannot, on that ground alone, escape classification as an economic advantage. (147) moreover, belgium's reference to recitals 269 and 270 of the charleroi decision does not appear to be relevant. in those recitals, the commission does not take a stance but summarises belgium's comments on the comments received from interested third parties in the context of a formal investigation procedure concerning charleroi airport. in addition, the recitals in question concern the choice of the belgian public authorities whether or not to take responsibility for the execution or funding of activities carried out by the airport managers and which those authorities consider to fall within the remit of the public authorities. this issue is not relevant to the analysis of the measure under review. as stated above, in recital 131 of this decision, the commission does not contest the federal state's entitlement to offset costs incurred by bac in connection with its security activities, but rather seeks to determine whether the mechanism for redistributing the subsidy introduced by the royal decree of 7 january 2014 in favour of the airlines confers an economic advantage on them. (148) it follows from the foregoing that the none of the arguments put forward by belgium and brussels airlines are such as to challenge the conclusion that the measure under examination avoids the airlines concerned bearing the costs that would normally have been incurred out of their own financial resources under normal market conditions. (149) moreover, had bac received a subsidy under the conditions set out in article 1 of the royal decree of 7 january 2014 without this subsidy being subject to any obligation to redistribute it to the airlines, it is unlikely that bac would have passed on the effect of this subsidy on the security charge billed to the airlines in the same way as provided for in article 2 of the royal decree. (150) first, there is no clear indication that such a subsidy would cause bac to reduce the security charge or refund part of it. bac could allocate the subsidy to funding additional security investments not provided for in its pre-existing investment programme. in these circumstances, bac would have no reason to reduce the security charge or to reimburse part of it. on the other hand, as noted in section 2.1.3, the tariff control system and the tariff control formula are set by bac for a five-year regulatory period. the royal decree of 7 january 2014 was adopted during the 2011-2015 regulatory period. it is unlikely that the subsidy could have or would have incited bac to find an incentive to propose a reduction in the safety charge or a partial refund of the charge before the end of this regulatory period, i.e. almost two years after the adoption of the royal decree. (151) furthermore, even assuming that such a subsidy could have or would have led bac consider passing on the benefit of the subsidy to the airlines by reducing or reimbursing part of the security charge, it is reasonable to assume that it would have done so in a uniform manner for all users of brussels airport. indeed, the security charge currently takes the form of a single amount per departing passenger without any distinction as to the type of passenger. a subsidy reducing bac's safety costs should therefore logically lead to a reduction in that single amount, thereby benefiting all airlines in proportion to the number of departing passengers they carry from brussels airport. however, the mechanism provided for in article 2 of the royal decree of 7 january 2014 leads to a very different outcome. in particular, in application of this mechanism, many users of brussels airport do not benefit from any partial reimbursement of their security charge, while only three airlines share the available budget of eur 19 000 000 a year. (152) as a result, the redistribution mechanism alters the financial charges borne by the airlines using brussels airport in favour of the three airlines benefiting from this mechanism, in relation to a hypothetical situation in which bac had received a subsidy under the conditions laid down in article 1 of the royal decree of 7 january 2014 without being obliged to redistribute this subsidy to the airlines. (153) moreover, the measure cannot be regarded as a financial compensation that the state would grant to the airlines concerned for the provision of any service of general economic interest, since belgium has not claimed that any such service of general economic interest has been entrusted to the airlines concerned. the measure cannot therefore be considered as devoid of economic advantage under the altmark judgment (37). (154) it follows from all the above that the measure in question does confer an economic advantage on airlines. (155) the commission notes that, on 26 august 2014, the website of mr melchior wathelet, then deputy prime minister and former state secretary for the environment, energy, mobility and institutional reform, stated that the ministerial select committee decided in december 2012 to grant an envelope of eur 20 000 000 a year to support belgian airlines ( ). on 27 august 2014, mrs catherine fonck, then state secretary for mobility, said: there is a government decision and it is very clear. the subsidies to airlines via brussels airport must be paid. these ministerial statements support the conclusion that the redistribution mechanism introduced by article 2 of the royal decree of 7 january 2014 provides an economic advantage to the airlines concerned, and even suggests that the granting of such an advantage to these airlines could have been the main aim of the royal decree. (156) it remains to be determined whether the economic advantage identified in recitals 141 to 154 is selective. 7.1.4. selectivity (157) under article 107(1) tfeu, in order to be regarded as state aid, aid granted by a state must favour certain undertakings or the production of certain goods. consequently, only measures that confer a selective advantage on certain undertakings, categories of undertakings or certain economic sectors may constitute state aid. (158) the commission notes first of all that under the royal decree of 7 january 2014, the measure can benefit only the three airlines that carried more than 400 000 passengers from brussels airport in 2012, namely brussels airlines, tui airlines belgium and thomas cook airlines belgium, i.e. a subset of the airlines currently or potentially carrying passengers departing from brussels airport. thus, at the time the royal decree was adopted, the only possible beneficiaries of the measure were clearly identifiable and constituted a closed subset of the airlines carrying passengers departing from brussels airport, determined solely on the basis of data for the year 2012, which were available when the royal decree was adopted. an economic advantage granted to a closed group composed of undertakings that are clearly identifiable at the time it is granted is necessarily selective, both de jure and de facto. (159) the measure under review therefore does confer a selective advantage on the airlines benefiting from it. this conclusion cannot contradict the reasoning followed by the court in its judgment of 21 december 2016 in case hansestadt l beck (38), on the grounds set out in recitals 161 and 162. (160) in that judgment, the court considered the conditions under which a schedule setting the amount of airport charges at l beck airport could entail a selective advantage. it found that the relevant reference framework for analysing the selectivity criterion of the schedule at issue was the airport charge scheme applicable at l beck airport (39). thus, it is within the group consisting of current and potential users of l beck airport that it is necessary to examine whether the schedule in question confers an advantage to certain undertakings over others and, if appropriate, to determine whether the granting of that advantage is justified by the nature and the economy of the system of which the measure concerned is a part. (161) the measure under review here differs from the measure at issue in the case hansestadt l beck in that it does not consist of regulating airport charges applicable to all users of brussels airport, as an open group, but provides a subsidy to a closed subgroup of this group. in particular, any airline that carried less than 400 000 passengers departing from brussels airport in 2012 is ineligible for the measure, regardless of the number and type of passengers it carries during the period of application of the measure. the selectivity analysis model used by the court in the hansestadt l beck case cannot therefore be applied to the measure under consideration. (162) however, even assuming that the redistribution mechanism introduced by article 2(1) of the royal decree of 7 january 2014 can be assimilated to a measure relating to the setting airport charges for brussels airport and that the possible selectivity of the measure should be examined taking as a reference the group formed by the current and potential users of the brussels airport, it would still be just as selective, as was to be demonstrated in recitals 163 to 192. (163) in the case referred to in recital 162, the relevant reference framework for assessing the possible selectivity of the measure in question should be the system of airport charges in force at brussels airport and the scheme for funding security activities at that airport. moreover, the existence of differences in treatment under the measure under examination and their possible justifications should be examined within the group composed of the current and potential users of brussels airport. this is, at least implicitly, the approach that belgium has taken during the procedure. indeed, it has put forward a number of justifications for certain aspects of the measure that entail a difference of treatment among the current and potential users of brussels airport, in particular the threshold of 400 000 passengers and the use of data for 2012 to identify the beneficiary undertakings. for the reasons given in recital 161, the commission considers that this method is not applicable in the present case. moreover, as demonstrated in recitals 164 to 192, the application of this method would lead to the conclusion that the measure is selective. (164) if the method described in recital 162 were used, with a reference framework determined as set out in recital 163, it should be noted that the measure confers an advantage to some firms in relation to others in a comparable factual and legal situation. indeed, all the airlines operating flights departing from brussels airport are in a similar factual and legal situation, as they are subject to the same system of airport charges and in particular to a security charge expressed as a single amount charged per departing passenger without distinction as to the type or number of passengers. however, while some users receive a partial refund of their security charge, in this case those who satisfy the criterion laid down in article 2(1) of the royal decree of 7 january 2014, others do not receive any refund. (165) it remains to determine whether this difference in treatment is justified by the nature and the economy of the system of which the measure concerned is a part. in this respect, we should recall the objective of the royal decree of 7 january 2014 introducing the measure in question. in its own words, it is a measure to support security-related infrastructure at brussels airport. it should also be remembered that under the current schedule, it is the responsibility of bac to determine the level of airport charges, within the regulatory framework described in section 2.1.3. under the provisions cited in recital 25, after consultation airport users, bac sets the tariff system and the tariff control formula, which are assumed to be agreed between the parties unless a user notifies a substantiated disagreement. the economic regulatory authority may require certain adjustments or changes to the tariff control formula or the tariff system in the event of a disagreement between the parties pursuant to article 55(4) of the royal decree of 21 june 2004. the tariff control formula and any changes to this formula imposed by the economic regulatory authority, as well as the tariff system, are subject to the approval of the minister with responsibility for air navigation. finally, the commission notes that bac introduced a security charge designed to fund bac's security activities, at least until the introduction of the subsidy established by article 1 of the royal decree of 7 january 2014. the elements referred to in that recital are part of the nature and the economy of the system in which the measure in question exists. (166) the security charge is expressed as a single amount billed per departing passenger, regardless of the type of passengers carried. a public measure funding security activities should logically induce bac, unless the entire subsidy is used to finance additional security expenditure, to reduce the security charge in a uniform way. thus, all users of brussels airport would benefit from the effects of this funding in proportion to the number of departing passengers they carry. however, the measure in question brings about a significantly different outcome, if only because many users are not eligible for any reimbursement under article 2 of the royal decree of 7 january 2014. the measure thus departs, for no objective reason, from the general economy of the airport charges system for several reasons. first, it comes about as a the result of a unilateral decision by the federal government, which has no jurisdiction for determining airport charges. indeed, the role of the federal government is limited to whether or not to approve the control formula and the tariff system after the process described in section 2.1.3, although that process was not followed in any respect when the measure at issue was adopted. secondly, the measure is inconsistent with the structure of the security charge, which takes the form of an amount per departing passenger and makes no distinction as to the type or number of passengers carried. accordingly, the differences in treatment under the measure cannot be justified by the nature and economy of the system of which the measure concerned is a part. (167) in the remainder of this decision, and for the sake of completeness, the commission will nevertheless examine the justifications put forward by belgium (40) and certain third parties regarding the parameters that determine the beneficiaries of the measure. restriction of the number of beneficiaries on the basis of the threshold of 400 000 passengers per year in 2012, not including transit and transfer passengers. (168) according to belgium, the underlying concept of the measure is to reflect the decreasing marginal cost per passenger of the security costs and thus to avoid penalising the users who contribute most to the development of airport passenger traffic. (169) regarding the choice of the threshold of 400 000 passengers per year, not including transit and transfer passengers, to determine the beneficiaries, belgium explains that this threshold was set on the basis of the following analyses: 41 % of the cost of security is fixed, while 59 % is variable; the transfer of passengers is not without security costs, which is a significant difference in relation to many european airports. the method of charging for security costs at brussels airport does not reflect the decreasing security costs and the actual costs of managing passengers would therefore not be reflected in this pricing practice; passenger airlines contribute more to security costs than freight carriers because charges are based on the number of passengers while a significant portion of the security costs arise from managing security for the freight carriers. (170) according to belgium, this analysis leads to the conclusion that passenger carriers have been overcharged and that corrective measures are necessary since the development of the airport specifically requires an increase in the number of passengers departing from brussels airport. (171) in presenting its justifications, belgium adds that it aimed to stabilise the operations of the main carriers by means of a clear and objective incentive. according to belgium, the incentive can take effect from the threshold of 400 000 passengers. it believes that a lower value would have the effect of diluting the measure, which subsidises only one-third of the airport security costs, while a higher value would make the objective unattainable for airlines wishing to develop at brussels airport. (172) finally, belgium added in its comments on the opening decision: the aim was to encourage airlines to expand in brussels by compensating them for the reduced safety costs entailed by an increase in passengers (41). (173) first of all, the commission notes that the considerations put forward by belgium with regard to freight carriers cannot justify the differences that the measure causes among passenger carriers; those differences are the subject of this analysis. (174) the other arguments put forward by belgium, as summarised in recitals 169 to 172, cannot justify either the existence of the threshold of 400 000 passengers per year or its level, or the fact that it relates to historical data from 2012. indeed, these arguments can be summarised in two main points. first, the threshold would be justified by the desire to promote or develop airport traffic, in particular by stabilising the traffic of operators carrying the most passengers. secondly, it would be justified by the desire to offset the effects of the current security charge, which does not correctly reflect the actual security costs incurred by the passenger traffic of each airline. (175) with regard to the first point, the commission notes that the objective of stabilising or increasing the traffic at brussels airport is not relevant to the stated purpose of the royal decree of 7 january 2014, namely the financing of security infrastructure. moreover, the goal of stabilising or expanding traffic is in fact part of bac's strategy and commercial policy. it should be recalled in this respect that the airport charges system at brussels airport does not in any way provide for the federal government to act on behalf of bac to implement financial incentives to foster traffic. as noted above, under the current schedule, it is the responsibility of bac to determine the level of airport charges, within the regulatory framework described in section 2.1.3. furthermore, while belgium aims to increase traffic at brussels airport, it is unclear why financial incentives should be restricted to airlines that carried more than 400 000 passengers in 2012, prior to the entry into force of the royal decree. in particular, airlines that did not achieve this traffic threshold in 2012 are excluded from the scope of the measure whereas they might to significantly increase their traffic in subsequent years if they received appropriate incentives. (176) the only quantified elements put forward by belgium to justify the threshold of 400 000 passengers a year are data on the number of departing passengers carried in 2012 and 2013 by the airlines that carried more than 100 000 departing passengers during either of these two years, broken down into transfer passengers, transit passengers and other departing passengers (42). belgium comments on its data as follows: an analysis of the figures in appendix 2 shows for 2012 that the growth rate the angular coefficient of the curve derived from these data increases significantly from the threshold of 400 000 departing passengers. it is therefore from this value that the incentive can achieve these effects. (43). however, as these data only include changes in the number of passengers carried between 2012 and 2013, and not the relationships between airport charges, in particular the security charge, and the number of passengers carried, they do not in principle allow the incentive effects of the proposed measure on the traffic at brussels airport to be assessed. (177) the commission therefore considers that the first main point of the arguments put forward by belgium, as summarised in recital 174, cannot justify the threshold of 400 000 departing passengers a year specified in article 2(1) of the royal decree of 7 january 2014. (178) as regards the second main point mentioned in recital 174, the commission notes that the concern to correct the way in which bac passes on its security costs to the various airlines, which belgium considers necessary to reflect the reality of the costs incurred by the various airlines, runs counter to the objective of the measure, namely support for safety-related infrastructure. indeed, while the grant of a subsidy to bac to reduce its cost structure for security (44) has the potential to support the security infrastructure, the way in which bac distributes the portion of the subsidy between the various airlines does not seem to support that objective. in addition, it should be recalled that it is bac's responsibility to propose a tariff system and a tariff control formula that reflect the real costs. the economic regulatory authority may only in certain circumstances and after a consultation process involving the users of brussels airport make a final decision. by taking unilateral action, through the measure at issue, to make a de facto correction to the structure of the security charge, the federal government has departed for no objective reason from the general system for setting airport charges. (179) moreover, even assuming that the federal government could legitimately make such a correction to reflect the real security costs incurred by the various airlines, the exclusion of airlines that carried less than 400 000 departing passengers in 2012, not including transit and transfer passengers, cannot achieve that goal. although it cannot be ruled out that the marginal cost per passenger of security costs is decreasing, nothing in the evidence provided by belgium indicates that it is only from the 400 000th passenger that this decreasing effect is worth taking into account, or that airlines carrying fewer passengers should not benefit from the state taking over some of bac's security costs. belgium has not provided any qualitative or quantitative justification on this point. it should be noted that in any given year of application of the scheme, an eligible airline may be refunded the full security charge due for any departing passenger in excess of 400 000 provided that this can be done within the budget envelope of eur 19 million. however, according to belgium, a significant proportion of bac's security costs (59 %) is variable. it follows that any additional passenger, including above and beyond the 400 000th, incurs significant additional security costs. the measure in question is therefore unlikely to accurately reflect the real security costs incurred by the various users of brussels airport. (180) brussels airlines, for its part, considered that a threshold related to the number of passengers was relevant in the case of a subsidy for airport security-related services because airport security costs are also related to the number of passengers. however, brussels airlines did not specify how the way in which security costs vary precisely according to the number of passengers justifies the choice of a threshold expressed as a number of passengers, thereby excluding from the outset a whole category of airlines. neither did brussels airlines provide any justification regarding the level of the threshold chosen. (181) moreover, an airline that carried more than 400 000 departing passengers a year in 2013, 2014 or 2015, not including transfer or transit passengers, would not receive any partial reimbursement of its security charge for that year pursuant to article 2 of the royal decree of 7 january 2014 if it did not attain the threshold of 400 000 passengers in 2012, and would be penalised by the structure of the security charge which, according to belgium, insufficiently reflects the gradually decreasing security costs. against this background, the exclusion a priori of airlines that transported less than 400 000 departing passengers in 2012 from the scope of the measure, not including transit and transfer passengers, is inconsistent with the objective of better reflecting the real security costs in the security charge. (182) finally, in its justifications, belgium noted that transfer passengers were not exempted from security charges at brussels airport, which would not reflect the decreasing security costs. assuming that it is correct, this assertion is inconsistent with the fact that transfer and transit passengers are not taken into account when identifying airlines that exceed the threshold of 400 000 departing passengers carried in 2012 and therefore eligible for a refund under the measure at issue. (183) in the light of the above, the second main point of the arguments put forward by belgium, as set out in recital 174, cannot justify the threshold of 400 000 departing passengers a year, as specified in article 2(1) of the royal decree of 7 january 2014. (184) moreover, while pursuant to article 2(1) of the royal decree of 7 january 2014, transfer and transit passengers are excluded from the number of passengers calculated to determine the beneficiary airlines, these passengers are included when calculating the amounts to be repaid to each of the beneficiary airlines pursuant to article 2(2) of the royal decree. however, the methods for calculating the subsidies should be consistent with the criterion used to determine the beneficiaries, otherwise they cannot be consistent with the objectives underlying the choice of the criterion for selecting the beneficiaries. (185) ryanair noted this inconsistency in its comments. in its comments on ryanair's comments, belgium merely made reference to this point in its previous submissions. however, those submissions do not contain any explanation about the difference in treatment of transfer and transit passengers in the definition of the criterion for the selection of beneficiaries and in the method for calculating the subsidy. (186) the commission observes in this respect that, if the transit and transfer passengers had been included in the passenger count made pursuant to article 2(1) of the royal decree of 7 january 2014, two additional airlines would in principle have been eligible for the scheme, namely lufthansa and jet airways. (45) (187) in the light of the above, it appears that the restriction in the number of beneficiaries to only those airlines that carried more than 400 000 passengers from brussels airport in 2012, not including transit and transfer passengers, is not objectively justified by the nature and the economy of the system in which the measure exists. choice of the year 2012 (188) according to belgium (46), 2012 was chosen as the reference year since it was the last year for which figures were available when the council of ministers decided to adopt the measure. according to belgium, the use of the figures for 2012 ensures a measure of legal security for the beneficiary undertakings. (189) the commission does not consider this argument to be relevant, however. article 2(2) of the royal decree of 7 january 2014 provides that the subsidies received by the airlines are calculated for a given year (2013, 2014 or 2015) taking account of the number of departing passengers. (not including transit and transfer passengers) during that year. there is therefore no objective reason to exclude a priori some airlines from the list of beneficiaries based on data for the year 2012. in fact, the criterion of article 2(1) of the royal decree provides no certainty other than that of being excluded from the scheme for airlines which do not satisfy it. belgium's argument relating to legal certainty is therefore invalid. (190) according to brussels airlines, which agrees with belgium in this respect, the use of 2012 as the reference year is explained by the fact that this was the last year for which the figures were available when the council of ministers decided to adopt the measure. brussels airlines is of the opinion that the choice of a reference point is still to some extent arbitrary, but by choosing 2012 as the reference year, belgium does not appear to have exceeded the bounds of its discretion. however, these arguments are implicitly based on the assumption that it was necessary a priori to restrict the number of beneficiaries among all users at brussels airport based on data for a certain past reference year. for the reasons given above, the commission considers that this assumption is incorrect, which invalidates brussels airlines' argument. (191) according to belgium, the measure allows for the beneficiary airlines to be determined again on the basis of the number of passengers carried in 2015, for the budget period 2016, 2017 and 2018, which will make it possible, if appropriate, to include. other airlines or to exclude one or more of the current beneficiaries. belgium considers that the mechanism is an incentive in that it is likely to result in a redistribution of the list of beneficiaries every three years (47). the commission notes in this respect that the measure was introduced only for the years 2013, 2014 and 2015. it is therefore a hypothetical question as to whether it will be extended for a longer period. (192) in the light of the above, the restriction of the number of beneficiaries on the basis of traffic data for 2012 is not justified by the nature or the economy of the system of which the measure concerned is a part. conclusion (193) the measure provides an advantage to three specific users of brussels national airport over others, and this advantage is not justified by the nature and the economy of the system of which the measure concerned is a part. this conclusion confirms the selective nature of the measure. (194) moreover, it follows from all the above that all the other users of brussels airport are excluded from the scheme, and therefore receive no subsidy, although their exclusion is not justified by the nature or the economy of the system of which the measure concerned is a part. therefore, the entire subsidy received by the beneficiaries of the scheme constitutes a selective economic advantage. 7.1.5. effect on trade between member states and on competition (195) public support to undertakings only constitutes state aid under article 107(1) of the tfeu if it distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods and only insofar as it affects trade between member states. (196) when aid granted by a member state strengthens the position of an undertaking compared with other undertakings competing in intra-union trade, the latter is regarded as affected by that aid. according to the case law (48) in order for a measure to be recognised as potentially distorting competition, it is sufficient for the recipient of the aid to be in direct competition with other undertakings in markets open to competition. (197) regarding the effect on trade, there is no need to establish that the aid has an actual effect on trade between member states but only whether the aid is liable to affect such trade (49). in particular, the union courts have ruled that where state financial aid strengthens the position of an undertaking as compared with other undertakings competing in intra-union trade, the latter must be regarded as affected by the aid (50). (198) the measure in question allows the beneficiary airlines to pursue a more aggressive pricing policy, as well as to maintain or artificially increase their offering of services provided in relation to normal market conditions, and thereby to distort competition with other airlines that do not benefit from the measure. the measure is therefore likely to strengthen the position of the beneficiary undertakings in relation to other airlines operating on the passenger air transport market within the union. however, this market has been fully liberalised and open to all union airlines as a result of union legislation. (199) it follows that, by distorting competition between airlines operating within the internal market, this measure may also distort trade between member states. 7.1.6. conclusion on the existence of aid for the airlines (200) the measure at issue constitutes state aid within the meaning of article 107(1) tfeu for the benefit of the airlines satisfying the conditions laid down in article 2(1) of the royal decree of 7 january 2014. 7.2. legality of the aid (201) pursuant to article 108(3) of the treaty, the commission shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. ( ) the member state concerned shall not put its proposed measures into effect until this procedure has resulted in a final decision. (202) in the present case, the measure in question has already been implemented, as the royal decree of 7 january 2014 entered into force without the measure being notified to the commission. the subsequent suspension of the royal decree has no impact on the illegality of the aid. (203) the commission has not identified a legal basis exempting belgium from the obligation to notify this aid. the subsidy granted is not covered by regulation (ec) no 800/2008, nor by commission regulation (eu) no 651/2014 (51), article 58(1) of which provides that this regulation shall apply to individual aid granted before its entry into force, if the aid fulfils all the conditions laid down in this regulation, with the exception of article 9. moreover, it is excluded from the scope of commission decision 2012/21/eu (52), if only because the level of traffic at brussels airport exceeds the threshold of 200 000 passengers a year, established by article 2(1)(e) of that decision. (204) the measure at issue therefore constitutes unlawful aid. 7.3. compatibility of the aid (205) since the subsidy referred to constitutes state aid within the meaning of article 107(1) tfeu, its compatibility with the internal market must be examined. since in its view the measure did not constitute state aid, belgium has not referred to a legal basis or reasoning on the basis of which the measure could be declared compatible with the internal market if it were to be classed as state aid. (206) brussels airlines argued that if the commission were nevertheless to conclude that state aid existed, that aid should be regarded as compatible until at least 4 april 2014, the date of entry into force of the new aviation guidelines. brussels airlines refers in this respect to the charleroi decision, in which the commission considered that several aid measures granted by the walloon region were compatible with the internal market until 4 april 2014. (207) however, the measures examined in the charleroi decision, to which brussels airlines refers, were aid measures in favour of the charleroi airport manager, declared partially compatible with the internal market on the basis of section 5.1.2 of the aviation guidelines, on operating aid for airports. in so far as the measure at issue is aid to airlines, and not to airport managers, brussels airlines' argument is irrelevant. (208) despite belgium failing to put forward any arguments to justify the compatibility of the aid with the internal market, the commission has examined the compatibility of the aid with the aid of article 107(3)(c) of the tfeu under which aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest may be considered compatible with the internal market. (209) it does not appear that the aid can be declared compatible on any other legal basis. in particular, the measure cannot be regarded as compensation which would be granted to the airlines for the operation of services of general economic interest. the measure cannot therefore be declared compatible with the internal market on the basis of article 106(2) tfeu. (210) the aviation guidelines provide a general framework for assessing the compatibility of aid provided to airlines under article 107(3)(c) tfeu. (211) with the exception of aid of a social nature, benefiting the final consumer for a given route, which clearly does not apply to the measure in question, start-up aid is the only aid to airlines which may be authorised on the basis of the aviation guidelines. (212) pursuant to point 174 of the aviation guidelines, the commission will apply to unlawful start-up aid to airlines the rules in force at the time when the aid was granted. the royal decree was adopted on 7 january 2014, i.e. before 4 april 2014. on that date, start-up aid to airlines was governed by the community guidelines on financing of airports and start-up aid to airlines departing from regional airports (53) (hereinafter the 2005 guidelines). (213) according to point 79(c) of the 2005 guidelines, start-up aid should apply only to the opening of new routes or new schedules, which will lead to an increase in the net volume of passengers. the measure in question does not satisfy this condition since the passengers who are entitled to the refund provided for in article 2(1) of the royal decree of 7 january 2014 are not necessarily passengers using new routes or routes with new schedules which will lead to an increase in the number of passengers. (214) moreover, whereas point 15 of the 2005 guidelines distinguishes four categories of airport, a, b, c and d, point 79(b) of the guidelines requires that start-up aid be paid for routes linking a regional airport in category c or d to another eu airport, while aid for routes between national airports (category b) can be considered only in duly substantiated exceptional cases. paragraph 79(b) does not provide for start-up aid to be granted for flights between a category a airport and a category a or b airport or an airport outside the union. however, brussels airport handles more than 10 million passengers a year and therefore belongs to category a. as the measure does not include any conditions as to the airport of destination of the routes used by passengers entitling it to a reimbursement of the security charge pursuant to article 2(1) of the royal decree of 7 january 2014, the condition set out in point 79(b) of those guidelines is not satisfied. (215) the aid does not satisfy the compatibility criteria for start-up aid under the 2005 guidelines. (216) in the light of the above, the aid is incompatible with the internal market. 8. recovery (217) according to the provisions of the tfeu and the court's established case-law, the commission is competent to decide that the member state concerned must abolish or alter aid when it has found that it is incompatible with the internal market. similarly, the court has consistently ruled that the obligation of a member state to withdraw aid considered by the commission to be incompatible with the internal market is intended to restore the previous situation. (218) in this context, the court has established that that objective is attained once the recipient has repaid the amounts granted by way of unlawful aid, thus forfeiting the advantage which it had enjoyed over its competitors on the market, and the situation prior to the payment of the aid is restored. (219) in line with the case-law, article 16(1) of regulation (eu) 2015/1589 stated that where negative decisions are taken in cases of unlawful aid, the commission shall decide that the member state concerned shall take all necessary measures to recover the aid from the beneficiary ( ). (220) therefore, since the measures in question were implemented in breach of article 108(3) tfeu and are incompatible with the internal market, the aid must be recovered in order to restore the existing market situation before they were granted. the recovery must cover the period from the moment the advantage was granted to the beneficiaries, i.e. from the moment the aid was made available to the beneficiaries until it was actually recovered. the sums to be recovered must therefore attract interest until the moment they are actually recovered. (221) by letter of 20 march 2017, belgium informed the commission of the withdrawal of the royal decree of 7 january 2014 by royal decree of 15 march 2017. belgium has therefore abolished the aid measure, which will have no further effect in future. (222) furthermore, by letter of 16 may 2017, belgium provided all the necessary evidence that brussels airlines, tui airlines belgium and thomas cook airlines belgium had repaid, pursuant to the royal decree of 15 march 2017, the amounts of aid received and interest calculated from 22 september 2014, on a compound basis in accordance with chapter v of regulation (ec) no 794/2004 and regulation (ec) no 271/2008 (54) amending regulation (ec) no 794/2004, i.e. respectively eur 16 779 819 of aid and eur 543 546,30 of interest, eur 2 143 621 of aid and eur 69 438,01 of interest, and eur 76 560 and eur 2 480 of interest. (223) in this light, taking account of the reimbursement of the amounts of aid received and the corresponding interest, the commission considers that the beneficiaries have lost the advantage they had enjoyed in the market in relation to their competitors, and that the competitive situation prior to the payment of the aid has been reinstated. (224) in the light of the above, there is no reason to require belgium to abolish the measure or recover the incompatible aid from the beneficiaries since it has already taken that action. 9. conclusion (225) the commission finds that belgium has unlawfully implemented state aid for airlines satisfying the conditions set out in article 2(1) of the royal decree of 7 january 2014, in breach of article 108(3) tfeu. since no grounds of compatibility can be identified for the scheme in question, it is found to be incompatible with the internal market. (226) however, since belgium has withdrawn the royal decree of 7 january 2014 and recovered the aid and corresponding interest, the situation prevailing before the granting of the unlawful and incompatible state aid has been re-established. there is therefore no need to order the repeal of the measure or the recovery of the aid in question. has adopted this decision: article 1 1. the subsidy granted by the royal decree of 7 january 2014 to certain airlines constitutes state aid within the meaning of article 107(1) of the treaty on the functioning of the european union. 2. this state aid granted unlawfully by the kingdom of belgium, in breach of article 108(3) of the treaty on the functioning of the european union, is incompatible with the internal market. article 2 this decision is addressed to the kingdom of belgium. done at brussels, 18 july 2017. for the commission margrethe vestager member of the commission (1) oj c 24, 23.1.2015, p. 10. (2) see footnote 1. (3) the figures in brackets represent the change in the number of passengers or movements compared with the previous year. (4) the royal decree of 27 may 2004 on the transformation of brussels international airport company into a private limited-liability company and on airport facilities (belgian official gazette of 24 june 2004, p. 51750). (5) ontario teachers' pension plan. (6) map airports via macquarie european infrastructure fund i and macquarie european infrastructure fund iii. (7) special law of 8 august 1980 on institutional reform (belgian official gazette, 15 august 1980, p. 9434). (8) royal decree of 21 june 2004 granting the operating licence for brussels airport to the limited-liability company biac (belgian official gazette, 15 july 2004, p. 55640). (9) article 1(12) and article 30(7) of the royal decree of 27 may 2004. (10) article 35(1) of the royal decree of 27 may 2004. (11) response of 12 march 2015 to request for information of 10 february 2015 (reply to question 5(b)). (12) royal decree of 7 january 2014 granting a subsidy to brussels airport company, holder of the operating licence for brussels airport, to support security-related infrastructure (belgian official gazette, 23 april 2014, p. 34506). (13) in this context, the term users of brussels airport means the airlines operating flights departing from that airport. (14) response of 12 march 2015 to the request for information of 10 february 2015. (15) royal decree of 15 march 2017 repealing the royal decree of 7 january 2014 granting a subsidy to brussels airport company, holder of the operating licence for brussels airport, to support security-related infrastructure (belgian official gazette of 24 march 2017). (16) commission regulation (ec) no 794/2004 of 21 april 2004 implementing council regulation (eu) 2015/1589 laying down detailed rules for the application of article 108 of the treaty on the functioning of the european union (oj l 140, 30.4.2004, p. 1). commission notice on current state aid recovery interest rates and reference/discount rates for 28 member states applicable as from 1 january 2014 (published in accordance with article 10 of commission regulation (ec) no 794/2004 of 21 april 2004 (oj l 140, 30.4.2004, p. 1)) (oj c 2, 7.1.2014, p. 7). (17) commission regulation (ec) no 800/2008 of 6 august 2008 declaring certain categories of aid compatible with the common market in application of articles 87 and 88 of the treaty (general block exemption regulation) (oj l 214, 9.8.2008, p. 3). (18) communication from the commission guidelines on state aid to airports and airlines (oj c 99, 4.4.2014, p. 3). (19) point 145 of the aviation guidelines. (20) commission decision (eu) 2016/2069 of 1 october 2014 concerning measures sa.14093 (c76/2002) implemented by belgium in favour of brussels south charleroi airport and ryanair (oj l 325, 30.11.2016, p. 63). (21) council regulation (ec) no 659/1999 of 22 march 1999 laying down detailed rules for the application of article 108 of the treaty on the functioning of the european union (oj l 83, 27.3.1999, p. 1). (22) council regulation (eu) 2015/1589 of 13 july 2015 laying down detailed rules for the application of article 108 of the treaty on the functioning of the european union (oj l 248, 24.9.2015, p. 9). (23) oj l 325, 30.11.2016, p. 63. (24) belgian official gazette of 31 december 2001. (25) in particular article 158(1), (2) and (4) thereof. (26) convention on international civil aviation, chicago, 7 december 1944, united nations, treaty series, vol. 15, no 102, article 15. (27) directive 2009/12/ec of the european parliament and of the council of 11 march 2009 on airport charges (oj l 70, 14.3.2009, p. 11). (28) see, for example, the judgment of the court of justice of 10 january 2006, ministero dell'economia e delle finanze v cassa di risparmio di firenze c-222/04, ecli:eu:c:2006:8, paragraph 129. (29) judgment of the court of justice of 18 june 1998, commission v italy, c-35/96, ecli:eu:c:1998:303, paragraph 36; judgment of 23 april 1991, h fner and elser, c-41/90, ecli:cu:c:1991:161, paragraph 21; judgment of 16 november 1995, f d ration fran aise des soci t s d'assurances v minist re de l'agriculture et de la p che, c-244/94, ecli:eu:c:1995:392, paragraph 14, and judgment of 11 december 1997, job centre, c-55/96, ecli:eu:c:1997:603, paragraph 21. (30) judgments of the court of justice of 16 june 1987, commission v italy, c-118/85, ecli:eu:c:1987:283, paragraph 7, and of 18 june 1998, commission v italy, c-35/96, ecli:eu:c:1998:303, paragraph 36. (31) see, for instance judgment of the court of justice of 17 july 2008, essent netwerk noord, c-206/06, ecli:eu:c:2008:413, paragraphs 58-74. (32) see, inter alia, judgment of the court of justice of 14 february 1990, france v commission, c-301/87, ecli: eu: c: 1990: 67, paragraph 41. (33) judgment of the court of justice of 2 july 1974, italy v commission, 173/73, ecli:eu:c:1974:71 paragraph 27. (34) the term state intervention refers not only to positive actions by the state but also covers cases where the authorities do not take measures in certain circumstances, for example to enforce debts. see, for example, judgment of the court of justice of 12 october 2000, magefesa, c-480/98, ecli:eu:c:2000:559, paragraphs 19 and 20. (35) judgment of the court of justice of 2 july 1974, italy v commission, 173/73, ecli:eu:c:1974:71 paragraph 13. (36) commission decision 2004/339/ec of 15 october 2003 on the measures implemented by italy for rai spa (oj l 119, 23.4.2004, p. 1), recital 69; opinion of advocate general fennelly of 26 november 1998, france v commission, c-251/97, ecli:eu:c:1998:572, paragraph 26. (37) judgment of the court of justice of 24 july 2003, trans gmbh and regierungspr sidium magdeburg v nahverkehrsgesellschaft altmark gmbh, c-280/00, ecli:eu:c:2003:415, paragraphs 87-93. (38) judgment of the court of justice of 21 december 2016, commission v hansestadt l beck, c-524/14 p, ecli:eu:c:2016:971. (39) judgment in commission v hansestadt l beck, cited in footnote 36, paragraph 62. (40) belgium's arguments in this regard were essentially put forward in its answer of 2 april 2014 to the request for information of 11 february 2014, in its comments on the opening decision and in its reply of 12 march 2015 to the request for information of 10 february 2015. (41) comments from belgium on the opening decision (letter of 15 january 2015). (42) annex 2 to the response of 2 april 2014 to the request for information of 11 february 2014. (43) response of 2 april 2014 to question 14 of the request for information of 11 february 2014. (44) see the third recital of the royal decree of 7 january 2014, which sets out this objective. (45) belgium's response of 12 march 2015 to question 2 of the commission's request for information of 10 february 2015. (46) response of 2 april 2014 to the request for information of 11 february 2014 and response of 12 march 2015 to the request for information of 10 february 2015. (47) response of 14 march 2015 to the request for information of 10 february 2015. (48) judgment of the court of 30 april 1998, het vlaamse gewest v commission, t-214/95, ecli:eu:t:1998:77, paragraphs 46 and 49-53. (49) judgment of the court of justice of 14 january 2015, eventech v the parking adjudicator, c-518/13, ecli:eu:c:2015:9, paragraph 65; judgment of the court of justice of 8 may 2013, libert and others, joined cases c-197/11 and c-203/11, ecli:eu:c:2013:288, paragraph 76. (50) judgment of the court of justice of 14 january 2015, eventech v the parking adjudicator, c-518/13, ecli:eu:c:2015:9, paragraph 66; judgment of the court of justice of 8 may 2013, libert and others, joined cases c-197/11 and c-203/11, ecli:eu:c:2013:288, paragraph 77; judgment of the general court of 4 april 2001, friulia venezia giulia, t-288/97, ecli:eu:t:2001:115, paragraph 41. (51) commission regulation (eu) no 651/2014 of 17 june 2014 declaring certain categories of aid compatible with the internal market in application of articles 107 and 108 of the treaty (oj l 187, 26.6.2014, p. 1). (52) commission decision 2012/21/eu of 20 december 2011 on the application of article 106(2) of the treaty on the functioning of the european union to state aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (oj l 7, 11.1.2012, p. 3). (53) oj c 312, 9.12.2005, p. 1. (54) commission regulation (ec) no 271/2008 of 30 january 2008 amending regulation (ec) no 794/2004 implementing council regulation (ec) no 659/1999 laying down detailed rules for the application of article 93 of the ec treaty (oj l 82, 25.3.2008, p. 1).
name: council decision (cfsp) 2018/1540 of 15 october 2018 amending decision (cfsp) 2016/1693 concerning restrictive measures against isil (da'esh) and al-qaeda and persons, groups, undertakings and entities associated with them type: decision subject matter: politics and public safety; international affairs; civil law; european construction date published: 2018-10-15 15.10.2018 en official journal of the european union li 257/3 council decision (cfsp) 2018/1540 of 15 october 2018 amending decision (cfsp) 2016/1693 concerning restrictive measures against isil (da'esh) and al-qaeda and persons, groups, undertakings and entities associated with them the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to council decision (cfsp) 2016/1693 of 20 september 2016 concerning restrictive measures against isil (da'esh) and al-qaeda and persons, groups, undertakings and entities associated with them and repealing common position 2002/402/cfsp (1), having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 20 september 2016, the council adopted decision (cfsp) 2016/1693. (2) the restrictive measures set out in article 2(2) and article 3(3) and (4) of decision (cfsp) 2016/1693 apply until 31 october 2018. on the basis of a review of that decision, the restrictive measures should be extended until 31 october 2019. (3) one person should be added to the list of persons, groups, undertakings and entities in the annex to decision (cfsp) 2016/1693. (4) decision (cfsp) 2016/1693 should therefore be amended accordingly, has adopted this decision: article 1 article 6(5) of decision (cfsp) 2016/1693 is replaced by the following: 5. the measures referred to in article 2(2) and article 3(3) and (4) shall apply until 31 october 2019. article 2 the annex to decision (cfsp) 2016/1693 is amended as set out in the annex to this decision. 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, 15 october 2018. for the council the president f. mogherini (1) oj l 255, 21.9.2016, p. 25. annex the following person is added to the list set out in the annex to decision (cfsp) 2016/1693: 3. hocine bouguetof; date of birth: 1 july 1959; place of birth: tebessa (algeria); nationality: algerian.
name: commission decision (eu) 2018/1520 of 9 october 2018 repealing delegated regulation (eu) no 1268/2012 on the rules of application of regulation (eu, euratom) no 966/2012 of the european parliament and of the council on the financial rules applicable to the general budget of the union type: decision subject matter: eu finance; management; sources and branches of the law; budget; public finance and budget policy; free movement of capital date published: 2018-10-12 12.10.2018 en official journal of the european union l 256/67 commission decision (eu) 2018/1520 of 9 october 2018 repealing delegated regulation (eu) no 1268/2012 on the rules of application of regulation (eu, euratom) no 966/2012 of the european parliament and of the council on the financial rules applicable to the general budget of the union the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu, euratom) 2018/1046 of the european parliament and of the council of 18 july 2018 on the financial rules applicable to the general budget of the union, amending regulations (eu) no 1296/2013, (eu) no 1301/2013, (eu) no 1303/2013, (eu) no 1304/2013, (eu) no 1309/2013, (eu) no 1316/2013, (eu) no 223/2014, (eu) no 283/2014, and decision no 541/2014/eu and repealing regulation (eu, euratom) no 966/2012 (1), and in particular article 281(2) thereof, whereas: (1) regulation (eu, euratom) no 966/2012 of the european parliament and of the council (2) laid down the rules for the establishment and the implementation of the general budget of the european union and the presentation and auditing of the accounts. commission delegated regulation (eu) no 1268/2012 (3) lays down the rules of application for regulation (eu, euratom) no 966/2012. (2) regulation (eu, euratom) 2018/1046 replaced regulation (eu, euratom) no 966/2012. in order to reduce the complexity of the financial rules applicable to the budget and to include the relevant rules in one single regulation, the main rules from delegated regulation (eu) no 1268/2012 have been included in regulation (eu, euratom) 2018/1046. (3) in accordance with article 279(3) of regulation (eu, euratom) 2018/1046, regulation (eu, euratom) no 966/2012 and delegated regulation (eu) no 1268/2012 are to continue to apply to legal commitments entered into before the entry into force of regulation (eu, euratom) 2018/1046. in accordance with article 281(2) of regulation (eu, euratom) 2018/1046, certain articles of delegated regulation (eu) no 1268/2012 are to continue to apply until 31 december 2018 as regards the implementation of the administrative appropriations of union institutions. (4) in accordance with article 281(2) of regulation (eu, euratom) 2018/1046, delegated regulation (eu) no 1268/2012 is to be repealed with effect from the date of entry into force of regulation (eu, euratom) 2018/1046, has adopted this decision: article 1 delegated regulation (eu) no 1268/2012 is repealed with effect from 2 august 2018, without prejudice to article 279(3) and article 281(2) of regulation (eu, euratom) 2018/1046. references to the repealed regulation shall be construed as references to regulation (eu, euratom) 2018/1046 and shall be read in accordance with the correlation table in the annex to this decision. 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, 9 october 2018. for the commission the president jean-claude juncker (1) oj l 193, 30.7.2018, p. 1. (2) 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 (oj l 298, 26.10.2012, p. 1). (3) commission delegated regulation (eu) no 1268/2012 of 29 october 2012 on the rules of application of regulation (eu, euratom) no 966/2012 of the european parliament and of the council on the financial rules applicable to the general budget of the union (oj l 362, 31.12.2012, p. 1). annex correlation table delegated regulation (eu) no 1268/2012 new financial regulation articles (fr) deleted commission internal rules (ir) guidelines article 1 deleted article 2 guidelines article 3 article 7(2) fr article 4(1) article 13(1) fr article 4(2) article 13(2) fr article 4(3) first subparagraph article 13(3) fr article 4(3) second subparagraph article 12(3) fr article 4(4) deleted article 4(5) guidelines article 5(1) - (4) article 19 fr article 5(5) guidelines article 6(1) article 19(2) fr article 6(2) - (4) guidelines article 7 article 22 fr article 8 article 23 fr article 9(1), (2) and (4) first subparagraph article 24 fr article 9(3) and (4) second subparagraph deleted article 10 article 21(2)(c) fr article 11 deleted article 12 guidelines article 13 article 28(2) third subparagraph fr article 14 article 28(2) fr article 15 article 30(1) fr article 16 article 28(2) fifth subparagraph fr article 17 article 32(2) third subparagraph fr article 18 article 34 fr article 19 article 35(1) third and fourth subparagraph fr article 20 article 37(2) third subparagraph fr article 21 article 38 fr article 22 first, third and fourth subparagraphs deleted article 22 second subparagraph article 38(5) second subparagraph fr article 23 article 41(2) fr article 24 article 44(4) fr article 25 article 47(2) third subparagraph fr article 26 deleted article 27 article 52(1)(a)(vi) fr article 28 article 52(1)(c)(iii) fr article 29 article 57 fr article 30 article 58(5) fourth subparagraph fr article 31(1) and (2) article 58(2)(d) fr article 31(3) deleted article 32 deleted article 33 deleted article 34 deleted article 35 ir article 36 deleted article 37 first subparagraph article 63(10) fr article 37 second subparagraph recital 22 fr article 38 ir article 39 article 126 and 154 fr article 40 deleted article 41 article 155(1) third and sixth subparagraph fr article 42(1) article 155(4) fr article 42(2) first subparagraph article 155(5) fr article 42(2) second subparagraph article 2 point (44) fr article 43 article 156 fr article 44(1) deleted article 44(2) article 154(1) third subparagraph fr article 45(1) article 72(2) fr article 45(2) deleted article 46 first subparagraph deleted article 46 second subparagraph article 76(1) first subparagraph, third sentence article 47 first subparagraph deleted article 47 second subparagraph article 76(1) first subparagraph, second sentence article 48 first subparagraph, first sentence article 75 first subparagraph, first sentence article 48 first subparagraph letter (a)-(c) and (e) ir article 48 first subparagraph letter (d) article 75 first subparagraph, second sentence article 48 second subparagraph article 75 second subparagraph article 48 third subparagraph article 75 third subparagraph article 49(1) ir article 49(2) ir article 49(3) first, third and fourth subparagraph ir article 49(3) second subparagraph article 74(5) second subparagraph article 49(4) first, third and fourth subparagraph ir article 49(4) second subparagraph article 74(6) fr article 49(4) fifth subparagraph article 74(5) fr article 50(1) - (3) deleted article 50(4) article 74(7) fr article 51 article 74(8) fr article 52 article 82(4) first and second subparagraph fr article 53 article 74(10) fr article 54 article 78 fr article 55(1) article 78(3) fr article 55(2) article 78(4) fr article 55(3) article 73(6) fr article 56 article 82(5) fr article 57(1) article 86(2) fr article 57(2) ir article 57(3) deleted article 58(1) and (2) article 85(1)fr article 58(3)and (6) deleted article 58 (4) and (5) deleted article 59 subparagraph 1 article 85(2) fr article 59 subparagraph 2 ir article 60(1)(a) article 86(2) fr article 60(1)(b) and (2) ir article 61 deleted article 62 article 86(3) fr article 63(1) article 86(3) second and third subparagraph fr article 63(2) first subparagraph article 86(3) second subparagraph fr article 63(2) second subparagraph article 86(3) fourth subparagraph fr article 63(2) third subparagraph deleted article 64 article 82(10) fr article 65 guidelines article 66(1) article 88(1) first subparagraph article 66(2) ir article 66(3) article 89(1) and (2) fr article 66(4) article 88(2) fr article 67(1)(a)-(e) and (g), (h) guidelines article 67(1)(f) article 89(5) second subparagraph fr article 67(2) first subparagraph article 89(2) first subparagraph fr article 67(2) second subparagraph article 88(1) third subparagraph fr article 67(3) ir article 67(4) article 86(3) fr article 67(5) article 89(5) first subparagraph fr article 68 article 89(1) second subparagraph fr article 69(1) first subparagraph article 89(3) fr article 69(1) second and third subparagraph guidelines article 69(2) guidelines article 70 article 89(5) and (6) fr article 71 ir article 72 first sentence of first subparagraph guidelines article 72 second sentence of first subparagraph article 150(3) first subparagraph, second sentence fr article 72 second subparagraph guidelines article 73 ir article 74 article 74(8) second subparagraph, first sentence fr article 75 article 93(1) first subparagraph fr article 76 article 93 fr article 77 article 92(3) fr article 78 article 96(2) fr article 79 ir article 80 article 98 fr article 81 article 98(3) fr article 82 ir article 83 article 99 fr article 84(1) and (2) ir article 84(3) and (4) deleted article 85 article 100(2) fr article 86(1) and (2) ir article 86(3) article 101(1) second subparagraph fr article 87 article 102 fr article 88 article 103 fr article 89 article 104 fr article 90 article 108 fr article 91(1)and (2) article 101 fr article 91(3) and (4) ir article 91(5) article 104(5) fr article 92 article 101(6) second and third subparagraph fr article 93 article 105 fr article 94(1) deleted article 94(2) article 110(3) fr article 94(3) deleted article 94(4) article 110(5) fr article 95 article 112 fr article 96 article 112 fr article 97 ir article 98 ir article 99 ir article 100 ir article 101 article 111(3) fr article 102 first subparagraph ir article 102 second and third subparagraph article 111(4) second subparagraph letter (b) fr article 103 first subparagraph ir article 103 second subparagraph article 111(4) second subparagraph point(c) article 104 ir article 105 ir article 106 ir article 107 ir article 108 ir article 109 article 115(2) fr article 110(1) - 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name: commission implementing decision (eu) 2018/1523 of 11 october 2018 establishing a model accessibility statement in accordance with directive (eu) 2016/2102 of the european parliament and of the council on the accessibility of the websites and mobile applications of public sector bodies (text with eea relevance.) type: decision_impl subject matter: information technology and data processing; technology and technical regulations; communications; executive power and public service; information and information processing date published: 2018-10-12 12.10.2018 en official journal of the european union l 256/103 commission implementing decision (eu) 2018/1523 of 11 october 2018 establishing a model accessibility statement in accordance with directive (eu) 2016/2102 of the european parliament and of the council on the accessibility of the websites and mobile applications of public sector bodies (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to directive (eu) 2016/2102 of the european parliament and of the council of 26 october 2016 on the accessibility of the websites and mobile applications of public sector bodies (1), and in particular article 7(2) thereof, after consulting the committee established by article 11(1) of directive (eu) 2016/2102, whereas: (1) directive (eu) 2016/2102 establishes common accessibility requirements for the websites and mobile applications of public sector bodies and lays down the requirements for accessibility statements that need to be provided by public sector bodies on the compliance of their websites and mobile applications with that directive. (2) member states should ensure that public sector bodies provide accessibility statements using a model accessibility statement established by the commission. (3) member states are encouraged to ensure that public sector bodies review and update their accessibility statements regularly, and at least annually. (4) to ensure easy access to the accessibility statement, member states should encourage public sector bodies to make their statements accessible from each web page of the website. the statements may also be available from within the mobile application. (5) to increase findability and accessibility, and to facilitate the re-use of the information it provides, the accessibility statement should be made available, where appropriate, in a machine-readable format as referred to in directive 2003/98/ec of the european parliament and of the council (2), has adopted this decision: article 1 subject matter this decision establishes the model accessibility statement to be used by public sector bodies in the member states on the compliance of their websites and mobile applications with the requirements of directive (eu) 2016/2102 as set out in the annex to this decision. article 2 statement format the statement shall be provided in an accessible format in accordance with article 4 of directive (eu) 2016/2102, and, where appropriate, in the machine-readable format referred to in article 2(6) of directive 2003/98/ec. article 3 preparation of the statement 1. member states shall ensure that the declarations made in the statement, as regards compliance with the requirements set out in directive (eu) 2016/2102 are accurate and based on one of the following: (a) an actual evaluation of the website's or mobile application's compliance with the requirements of directive (eu) 2016/2102, such as: a self-assessment done by the public sector body, an assessment carried out by a third party, for example a certification; (b) any other measures, as deemed appropriate by the member states, which provide equal assurance that the declarations made in the statement are accurate. 2. the statement shall indicate the method used as referred to in paragraph 1. article 4 adaptation of the statement 1. member states shall ensure that public sector bodies provide in their respective statements at least the mandatory content requirements set out in section 1 of the annex. 2. member states may add requirements that go beyond the optional content listed in section 2 of the annex. article 5 entry into force 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, 11 october 2018. for the commission the president jean-claude juncker (1) oj l 327, 2.12.2016, p. 1. (2) directive 2003/98/ec of the european parliament and of the council of 17 november 2003 on the re-use of public sector information (oj l 345, 31.12.2003, p. 90). annex model accessibility statement instructions text in italics should be deleted and/or changed as appropriate by the public sector body. all endnotes should be deleted before publication of the accessibility statement. the accessibility statement should be easy to find for the user. a link to the accessibility statement should be prominently placed on the homepage of the website or made available on every web page, for example in a static header or footer. a standardised url may be used for the accessibility statement. for mobile applications, the statement should be located as indicated in the third subparagraph of article 7(1) of directive (eu) 2016/2102. the statement may also be available from within the mobile application. section 1 mandatory content requirements accessibility statement [name of public sector body] is committed to making its [website(s)] [and] [mobile application(s)] accessible, in accordance with [national legislation transposing directive (eu) 2016/2102 of the european parliament and of the council (1)]. this accessibility statement applies to [insert scope of statement, e.g. website(s)/mobile application(s i ) to which the statement applies, as appropriate]. compliance status ii (a) iii [this] [these] [website(s)] [mobile application(s)] [is] [are] fully compliant with [xxx iv]. (b) v [this] [these] [website(s)] [mobile application(s)] [is] [are] partially compliantvi with [xxx vii], due to [the non-compliance(s)] [and/or] [the exemptions] listed below. (c) viii [this] [these] [website(s)] [mobile application(s)] [is] [are] not compliant with [xxx ix]. the [non-compliance(s)] [and/or] [the exemptions] are listed below. non-accessible content x the content listed below is non-accessible for the following reason(s): (a) non-compliance with the [national legislation] [list the non-compliance(s) of the website(s)/mobile application(s), and/or, describe which section(s)/content/function(s) are not yet compliant xi]. (b) disproportionate burden [list non-accessible section(s)/content/function(s) for which the disproportionate burden exemption, within the meaning of article 5 of directive (eu) 2016/2102 is being temporarily invoked] (c) the content is not within the scope of the applicable legislation [list non-accessible section(s)/content/function(s) which is/are out of scope of the applicable legislation]. [indicate accessible alternatives, where appropriate]. preparation of this accessibility statement this statement was prepared on [date xii]. [indicate the method used to prepare the statement (see article 3(1) of commission implementing decision (eu) 2018/1523 (2) )]. [the statement was last reviewed on [insert date of latest review xiii]]. feedback and contact information [provide a description of, and a link to, the feedback mechanism to be used to notify the public sector body of any compliance failures and to request information and content excluded from the scope of the directive]. [provide the contact information of the relevant entity(ies)/unit(s)/person(s) (as appropriate) responsible for accessibility and for processing requests sent through the feedback mechanism]. enforcement procedure [provide a description of, and a link to, the enforcement procedure to be used in the case of unsatisfactory responses to any notification or request sent in accordance with article 7(1)(b) of the directive]. [provide contact information of the relevant enforcement body]. section 2 optional content the following optional content may be added to the accessibility statement as deemed appropriate: (1) an explanation of the public sector body's commitment to digital accessibility, for example: its intention to reach a higher level of accessibility than required by law, the remedial measures that will be taken to address non-accessible content of websites and mobile applications, including a timeline for putting those measures into effect; (2) formal endorsement (at administrative or political level) of the accessibility statement; (3) the date of the publication of the website and/or the mobile application; (4) the date of the last update of the website and/or mobile application following a substantial revision of its content; (5) a link to an evaluation report, if available, and in particular if the compliance status of the website or mobile application is indicated as being (a) fully compliant; (6) additional phone assistance for persons with disabilities, and assistive technology users support; (7) any other content deemed appropriate. i for mobile applications, please include version information and date. ii choose one of the options below, e.g. (a), (b), or (c) and delete those not applicable. iii select (a) only if all requirements of the standard or technical specification are fully met without exceptions. iv insert reference to standards and/or technical specifications; or reference to national legislation transposing the directive. v select (b) if most requirements of the standard or technical specification are met, but with some exceptions. vi this means not yet fully compliant and that the necessary measures are to be taken in order to reach full compliance. vii insert reference to standards and/or technical specifications; or reference to national legislation transposing the directive. viii select (c) if most requirements of the standard or technical specification are not met. ix insert reference to standards and/or technical specifications; or reference to national legislation transposing the directive. x can be deleted if not applicable. xi describe in non-technical terms, as far as possible, how the content is not accessible, including reference(s) to the applicable requirements in the relevant standards and/or technical specifications that are not met; e.g.: the login form of the document sharing application is not fully usable by keyboard (requirement number xxx (if applicable)) xii insert date of the first preparation, or a subsequent update, of the accessibility statement following an evaluation of the websites/mobile applications to which it applies. it is recommended that an evaluation is carried out and the statement updated following a substantial revision of the website/mobile application. xiii it is recommended that the claims made in the accessibility statement are reviewed as regards their accuracy on a regular basis, and at least once per year. if such a review has taken place without a full evaluation of the website/mobile app, whether or not such a review has led to any changes in the accessibility statement, please indicate the date of the last such review. (1) directive (eu) 2016/2102 of the european parliament and of the council of 26 october 2016 on the accessibility of the websites and mobile applications of public sector bodies (oj l 327, 2.12.2016, p. 1.) (2) commission implementing decision (eu) 2018/1523 of 11 october 2018 establishing a model accessibility statement in accordance with directive (eu) 2016/2102 of the european parliament and of the council on the accessibility of the websites and mobile applications of public sector bodies (oj l 256, 12.10.2018, p. 103).
name: council decision (eu) 2018/1510 of 8 october 2018 appointing two members, proposed by the italian republic, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2018-10-11 11.10.2018 en official journal of the european union l 255/15 council decision (eu) 2018/1510 of 8 october 2018 appointing two members, proposed by the italian 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 the proposal of the italian government, 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) 2017/1334 (4), mr augusto rollandin was replaced by mr pierluigi marquis as a member. on 29 january 2018, by council decision (eu) 2018/157 (5), mr pierluigi marquis was replaced by mr laurent vierin as a member. (2) a member's seat on the committee of the regions has become vacant following the end of the term of office of mr laurent vierin. (3) a member's seat on the committee of the regions has become vacant following the end of the mandate on the basis of which ms micaela fanelli (sindaco del comune di riccia (cb)) was proposed, has adopted this decision: article 1 the following are hereby appointed as members of the committee of the regions for the remainder of the current term of office, which runs until 25 january 2020: ms nicoletta spelgatti, consigliere e presidente della regione valle d'aosta, ms micaela fanelli, assessore del comune di pontecorvo (fr) (change of mandate). article 2 this decision shall enter into force on the date of its adoption. done at brussels, 8 october 2018. for the council the president j. bogner-strauss (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) 2017/1334 of 11 july 2017 appointing a member, proposed by the italian republic, of the committee of the regions (oj l 185, 18.7.2017, p. 45). (5) council decision (eu) 2018/157 of 29 january 2018 appointing a member, proposed by the italian republic, of the committee of the regions (oj l 29, 1.2.2018, p. 35).
name: council decision (eu) 2018/1502 of 8 october 2018 appointing a member and an alternate member, proposed by the kingdom of spain, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2018-10-10 10.10.2018 en official journal of the european union l 254/7 council decision (eu) 2018/1502 of 8 october 2018 appointing a member and an alternate member, proposed by the kingdom of spain, 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 spanish government, 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 18 july 2016, by council decision (eu) 2016/1203 (4), mr francesc homs i molist was replaced by mr jordi sol i ferrando as a member and mr roger albinyana i saig was replaced by mr amadeu altafaj i tardio as an alternate member. on 27 march 2017, by council decision (eu) 2017/602 (5), mr jordi sol i ferrando was replaced by ms maria badia i cutchet as a member. (2) a member's seat on the committee of the regions has become vacant following the end of the term of office of ms maria badia i cutchet. (3) an alternate member's seat on the committee of the regions has become vacant following the end of the term of office of mr amadeu altafaj i tardio, 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 2020: (a) as a member: mr ernest maragall i mira, consejero de asuntos exteriores, relaciones institucionales y transparencia de la comunidad aut noma de catalu a; (b) as an alternate member: ms nat lia mas guix, secretaria de asuntos exteriores y de la uni n europea de la comunidad aut noma de catalu a. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 8 october 2018. for the council the president j. bogner-strauss (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) 2016/1203 of 18 july 2016 appointing a member and an alternate member, proposed by the kingdom of spain, of the committee of the regions (oj l 198, 23.7.2016, p. 44). (5) council decision (eu) 2017/602 of 27 march 2017 appointing a member, proposed by the kingdom of spain, of the committee of the regions (oj l 82, 29.3.2017, p. 8).
name: council implementing decision (eu) 2018/1492 of 2 october 2018 authorising the republic of latvia to introduce a special measure derogating from article 193 of directive 2006/112/ec on the common system of value added tax type: decision_impl subject matter: iron, steel and other metal industries; taxation; trade; europe; european union law date published: 2018-10-08 8.10.2018 en official journal of the european union l 252/42 council implementing decision (eu) 2018/1492 of 2 october 2018 authorising the republic of latvia to introduce a special measure derogating from article 193 of directive 2006/112/ec on the common system of value added tax the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council directive 2006/112/ec of 28 november 2006 on the common system of value added tax (1), and in particular article 395(1) thereof, having regard to the proposal from the european commission, whereas: (1) pursuant to article 193 of directive 2006/112/ec, any taxable person carrying out a taxable supply of goods or services is, as a general rule, liable for payment of value added tax (vat) to the tax authorities. (2) pursuant to point (j) of article 199a(1) of directive 2006/112/ec, member states may provide that the person liable for payment of vat on supplies of ferrous and non-ferrous semi-finished metals is the taxable person to whom the supplies are made (reverse charge mechanism). latvia has not availed itself of this option. (3) latvia has recently discovered a high risk of vat fraud in the sector of ferrous and non-ferrous semi-finished metals and would therefore like to introduce the reverse charge mechanism to domestic supplies of those products. (4) pursuant to article 199a(1) of directive 2006/112/ec, the reverse charge mechanism may be applied until 31 december 2018 and for a minimum period of two years. as the condition of the two-year period can no longer be fulfilled, latvia cannot apply the reverse charge mechanism based on point (j) of article 199a(1) of that directive. (5) by letter registered with the commission on 9 april 2018, latvia requested in accordance with article 395(2) of directive 2006/112/ec an authorisation to introduce a special measure derogating from article 193 of that directive in order to make the recipient liable for payment of vat for the supplies of ferrous and non-ferrous semi-finished metals. (6) in accordance with the second subparagraph of article 395(2) of directive 2006/112/ec, by letter dated 4 may 2018, the commission transmitted the request made by latvia to other member states. by letter dated 7 may 2018 the commission notified latvia that it had all the information necessary to consider the request. (7) according to information provided by latvia, vat fraud schemes have been identified in the sector of metal products. although a number of conventional measures have been introduced by latvia to combat the vat fraud, latvia considers that it is necessary to introduce the reverse charge mechanism for the supplies of ferrous and non-ferrous semi-finished metals in order to prevent vat revenue losses to the public budget. (8) latvia should therefore be authorised to apply the reverse charge mechanism to supplies of ferrous and non-ferrous semi-finished metals for a limited period. (9) the special measure has no adverse impact on the union's own resources accruing from vat, has this decision: article 1 by way of derogation from article 193 of directive 2006/112/ec, latvia is authorised to designate the recipient of the supplies as the person liable for payment of vat in the case of supplies of ferrous and non-ferrous semi-finished metals. article 2 this decision shall take effect on the date of its notification. this decision shall expire on 31 december 2018. article 3 this decision is addressed to the republic of latvia. done at luxembourg, 2 october 2018. for the council the president h. l ger (1) oj l 347, 11.12.2006, p. 1.
name: council implementing decision (eu) 2018/1493 of 2 october 2018 authorising hungary to introduce a special measure derogating from point (a) of article 26(1) and articles 168 and 168a of directive 2006/112/ec on the common system of value added tax type: decision_impl subject matter: taxation; marketing; europe; land transport; european union law date published: 2018-10-08 8.10.2018 en official journal of the european union l 252/44 council implementing decision (eu) 2018/1493 of 2 october 2018 authorising hungary to introduce a special measure derogating from point (a) of article 26(1) and articles 168 and 168a of directive 2006/112/ec on the common system of value added tax the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council directive 2006/112/ec of 28 november 2006 on the common system of value added tax (1), and in particular article 395(1) thereof, having regard to the proposal from the european commission, whereas: (1) by letter registered with the commission on 6 february 2018, hungary requested authorisation in accordance with article 395(2) of directive 2006/112/ec to introduce a special measure derogating from point (a) of article 26(1) and articles 168 and 168a of directive 2006/112/ec that govern the right to deduct input tax in relation to the leasing of passenger cars (special measure). (2) the commission transmitted the request made by hungary to the other member states by letter dated 8 june 2018, in accordance with the second subparagraph of article 395(2) of directive 2006/112/ec. by letter dated 11 june 2018, the commission notified hungary that it had all the information necessary to consider the request. (3) articles 168 and 168a of directive 2006/112/ec establish a taxable person's right to deduct value added tax (vat) charged on supplies of goods and services supplied to a taxable person for the purposes of his taxed transactions. point (a) of article 26(1) of directive 2006/112/ec contains a requirement to account for vat when a business asset is put to use for private purposes of the taxable person or of his staff or, more generally, for purposes other than those of his business. (4) taxable persons in hungary may currently deduct vat on the leasing of passenger cars to the extent that the passenger car is used for the taxable person's taxable economic activity. in order to benefit from that vat deduction, taxable persons have to prove the extent to which they use their passenger cars for business purposes. (5) hungary claims that this system is difficult to apply. the non-business use is often very difficult to identify accurately and even where it is possible, the mechanism is often burdensome. (6) hungary, therefore, requested a special measure whereby the amount of vat on expenditure eligible for deduction in respect of the leasing of passenger cars which are not wholly used for business purposes should be set at a flat percentage rate. based on its estimations, hungary concludes that it is appropriate to apply a deduction limit of 50 %. at the same time, the requirement to account for vat on the non-business use of passenger cars should be suspended where those cars have been subject to a deduction limit of 50 %. (7) the limitation of the right of deduction under the requested authorisation should apply to vat paid on the leasing of passenger cars designed for the transportation of a maximum of nine persons with a gross vehicle weight not exceeding five tons. vehicles designed for the transport of goods, vehicles that serve special purposes (i.e. crane truck, fire engine, truck-mixer), vehicles that are designed for the transport of 10 or more than 10 persons, and tractors and trailers are excluded from the restriction to the right of deduction of vat. (8) taxable persons who do not wish to apply the 50 % deduction limit and who wish to apply the vat deduction up to the proportion of actual business use should be able to do so based on detailed evidence on the business use. (9) the requested measure removes the need to keep records on the private use of leased business cars and, at the same time, prevents tax evasion through incorrect record keeping. it is therefore appropriate to grant hungary the authorisation to apply the requested measure. (10) the special measure should be limited in time to allow for a review of the necessity and effectiveness of the special measure and of the used apportionment rate between business and non-business. (11) where hungary considers that an extension of the authorisation beyond 2021 is necessary, it should submit a report to the commission which includes a review of the percentage limit applied together with the request for an extension no later than by 31 march 2021. (12) the special measure will only have a negligible effect on the overall amount of tax revenue collected at the stage of final consumption and will not have adverse effects on the union's own resources accruing from vat, has adopted this decision: article 1 by way of derogation from articles 168 and 168a of directive 2006/112/ec, hungary is authorised to limit to 50 % the right to deduct the vat on expenditure related to passenger cars not wholly used for business purposes. article 2 by way of derogation from point (a) of article 26(1) of directive 2006/112/ec, hungary shall not treat as supplies of services for consideration the use for non-business purposes of a passenger car included in the assets of a taxable person's business, where that car has been subject to a limitation authorised under article 1 of this decision. article 3 articles 1 and 2 shall only apply to passenger cars designed for the transportation of a maximum of nine persons with a gross vehicle weight not exceeding five tons. article 4 articles 1 and 2 shall not apply to the following categories of passenger cars: vehicles designed for the transport of goods, vehicles that serve special purposes (i.e. crane truck, fire engine, truck-mixer), vehicles that are designed for the transport of 10 or more than 10 persons, tractors, trailers. article 5 this decision shall take effect on the date of its notification. this decision shall apply from 1 january 2019 and shall expire on 31 december 2021. any request for the extension of the authorisation provided for in this decision shall be submitted to the commission by 31 march 2021 and shall be accompanied by a report which includes a review of the percentage set out in article 1. article 6 this decision is addressed to hungary. done at luxembourg, 2 october 2018. for the council the president h. l ger (1) oj l 347, 11.12.2006, p. 1.
name: council decision (eu) 2018/1485 of 28 september 2018 establishing the position to be adopted on behalf of the european union as regards the amendments to the annexes to the european agreement concerning the international carriage of dangerous goods by road (adr) and to the regulations annexed to the european agreement concerning the international carriage of dangerous goods by inland waterways (adn) type: decision subject matter: maritime and inland waterway transport; transport policy; technology and technical regulations; land transport; research and intellectual property; organisation of transport; international affairs date published: 2018-10-05 5.10.2018 en official journal of the european union l 251/25 council decision (eu) 2018/1485 of 28 september 2018 establishing the position to be adopted on behalf of the european union as regards the amendments to the annexes to the european agreement concerning the international carriage of dangerous goods by road (adr) and to the regulations annexed to the european agreement concerning the international carriage of dangerous goods by inland waterways (adn) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 91, in conjunction with the article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the european agreement concerning the international carriage of dangerous goods by road (adr) entered into force on 29 january 1968. the european agreement concerning the international carriage of dangerous goods by inland waterways (adn) entered into force on 29 february 2008. (2) the union is not a contracting party to the adr or to the adn. all member states are contracting parties to the adr, and 13 member states are contracting parties to the adn. (3) pursuant to article 14 of the adr, any contracting party can propose one or more amendments to the annexes to the adr. the working party on transport of dangerous goods (wp.15) can adopt draft amendments to those annexes. pursuant to article 20 of the adn, the adn administrative committee can adopt draft amendments to the regulations annexed to the adn. such proposed amendments are to be deemed to have been accepted unless, within three months from the date on which the secretary-general of the united nations circulates them, at least one-third of the contracting parties, or five of them if one-third exceeds this figure, have given the secretary-general written notification of their objection to the proposed amendments. (4) the proposed amendments adopted during the 2016 2018 biennium by wp.15 and the adn administrative committee were circulated to the adr and adn contracting parties on 1 july 2018. (5) the proposed amendments are capable of decisively influencing the content of union law, namely directive 2008/68/ec of the european parliament and of the council (1). that directive lays down requirements for the transport of dangerous goods by road, rail or inland waterways within or between member states by referring to the adr, to the regulation concerning the international carriage of dangerous goods by rail (rid) in appendix c to the convention concerning international carriage by rail (cotif) and to the adn. article 4 of directive 2008/68/ec provides that the transport of dangerous goods between member states and third countries is to be authorised in so far as it complies with the requirements of the adr, rid or adn, unless otherwise indicated in the annexes to that directive. under article 8 of directive 2008/68/ec, the commission is empowered to adapt the annexes to that directive according to scientific and technical progress, in particular to take account of amendments to the adr, the rid and the adn. (6) the proposed amendments concern technical standards or uniform technical prescriptions, with the objective of ensuring the safe and efficient transport of dangerous goods whilst taking into account scientific and technical progress in the sector and the developments of new substances and articles that pose a danger during their transport. the development of the transport of dangerous goods by road and inland waterways, both within the union and between the union and its neighbouring countries, is a key component of the common transport policy and ensures the proper functioning of all industrial branches that produce or make use of goods classified as dangerous under the adr and the adn. (7) all the proposed amendments are justified and beneficial, and should therefore be supported by the union. the position to be adopted on behalf of the union as regards the proposed amendments to the annexes to the adr and to the regulations annexed to the adn should therefore be based on the attachment to this decision, has adopted this decision: article 1 the position to be adopted on behalf of the union as regards the proposed amendments to the annexes to the adr and to the regulations annexed to the adn shall be based on the attachment to this decision. minor changes to the proposed amendments to the annexes to the adr and to the regulations annexed to the adn may be agreed without a further decision of the council, in accordance with article 2. article 2 the position to be adopted on behalf of the union as regards the proposed amendments to the annexes to the adr, as set out in article 1, shall be expressed by those member states which are contracting parties to the adr, acting jointly in the interest of the union. the position to be adopted on behalf of the union as regards the proposed amendments to the regulations annexed to the adn, as set out in article 1, shall be expressed by those member states which are contracting parties to the adn, acting jointly in the interest of the union. article 3 a reference to the accepted amendments to the annexes to the adr and to the regulations annexed to the adn, including the date(s) of their entry into force, shall be published in the official journal of the european union. article 4 this decision shall enter into force on the date of its adoption. done at brussels, 28 september 2018. for the council the president m. schramb ck (1) directive 2008/68/ec of the european parliament and of the council of 24 september 2008 on the inland transport of dangerous goods (oj l 260, 30.9.2008, p. 13). attachment proposal reference document notification issue comments eu position 1 ece/trans/wp.15/240 c.n.304.2018.treaties-xi.b.14 draft amendments to annexes a and b of adr technical consensus at the working party on the transport of dangerous goods wp.15. agree with the amendments. 2 ece/trans/wp.15/240/add.1 c.n.304.2018.treaties-xi.b.14 draft amendments to annexes a and b of adr - addendum (reissued 8 june 2018) technical consensus at the working party on the transport of dangerous goods wp.15. agree with the amendments. 3 ece/trans/wp.15/240/corr.1 c.n.304.2018.treaties-xi.b.14 draft amendments to annexes a and b of adr - corrigendum (reissued 8 june 2018) technical consensus at the working party on the transport of dangerous goods wp.15. agree with the amendments. 4 ece/adn/45 c.n.297.2018.treaties-xi.d.6 draft amendments to the regulations annexed to adn technical consensus at the adn administrative committee. agree with the amendments.
name: commission implementing decision (eu) 2018/1478 of 3 october 2018 amending implementing decision (eu) 2016/2323 to update the european list of ship recycling facilities established pursuant to regulation (eu) no 1257/2013 of the european parliament and of the council (text with eea relevance.) type: decision_impl subject matter: economic geography; deterioration of the environment; maritime and inland waterway transport; environmental policy; cooperation policy; technology and technical regulations date published: 2018-10-04 4.10.2018 en official journal of the european union l 249/6 commission implementing decision (eu) 2018/1478 of 3 october 2018 amending implementing decision (eu) 2016/2323 to update the european list of ship recycling facilities established pursuant to regulation (eu) no 1257/2013 of the european parliament and of the council (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1257/2013 of the european parliament and of the council of 20 november 2013 on ship recycling and amending regulation (ec) no 1013/2006 and directive 2009/16/ec (1), and in particular article 16(4) thereof, whereas: (1) the european list of ship recycling facilities (the european list) was established by commission implementing decision (eu) 2016/2323 (2) and has been amended by commission implementing decision (eu) 2018/684 (3). (2) the united kingdom has informed the commission that a ship recycling facility located in its territory has been authorised by the competent authority in accordance with article 14 of regulation (eu) no 1257/2013 and has provided the commission with all information necessary for that facility to be included in the european list. (3) the authorisation of two ship recycling facilities located in poland expired on 28 april 2018 and the commission has not received information from poland that the authorisations granted to those facilities to conduct ship recycling have been, or would be, renewed. therefore, the two facilities no longer meet the requirements set out in article 13(1)(a) of regulation (eu) no 1257/2013 and should be removed from the european list in accordance with point (ii) of article 16(4)(b) of regulation (eu) no 1257/2013. (4) it is therefore appropriate to amend implementing decision (eu) 2016/2323. (5) as regards ship recycling facilities located in a third country for which an application for inclusion in the european list has been submitted to the commission in accordance with article 15 of regulation (eu) no 1257/2013, the assessment of the relevant information and supporting evidence provided or gathered is still ongoing. the commission is to adopt implementing acts pertaining to those ship recycling facilities located outside the union once the assessment is finalised. (6) the measures provided for in this decision are in accordance with the opinion of the committee established by article 25 of regulation (eu) no 1257/2013, has adopted this decision: article 1 the annex to implementing decision (eu) 2016/2323 is replaced by the text 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, 3 october 2018. for the commission the president jean-claude juncker (1) oj l 330, 10.12.2013, p. 1. (2) commission implementing decision (eu) 2016/2323 of 19 december 2016 establishing the european list of ship recycling facilities pursuant to regulation (eu) no 1257/2013 of the european parliament and of the council on ship recycling (oj l 345, 20.12.2016, p. 119). (3) commission implementing decision (eu) 2018/684 of 4 may 2018 amending implementing decision (eu) 2016/2323 to update the european list of ship recycling facilities pursuant to regulation (eu) no 1257/2013 of the european parliament and of the council (oj l 116, 7.5.2018, p. 47). annex the european list of ship recycling facilities referred to in article 16(1) of regulation (eu) no 1257/2013 ship recycling facilities located in a member state of the union name of the facility method of recycling type and size of ships that can be recycled limitations and conditions under which the ship recycling facility operates, including as regards hazardous waste management details on the explicit or tacit procedure for the approval of the ship recycling plan by the competent authority (1) maximum annual ship recycling output, calculated as the sum of the weight of ships expressed in ldt that have been recycled in a given year in that facility (2) date of expiry of inclusion in the european list (3) belgium nv galloo recycling ghent scheepszatestraat 9 9000 gent belgium phone: +32 92512521 email: peter.wyntin@galloo.com alongside (wet berth), slope ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions: length: 265 meters width: 36 meters draught: 12,5 meters tacit approval, with a maximum review period of 30 days 34 000 (4) 31 march 2020 denmark forn s aps rolsh jvej 12-16 8500 gren denmark www.fornaes.dk dismantling by quay and subsequent scrapping on impermeable floors with effective drainage systems ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions: length: 150 meters width: 25 meters draught: 6 meters gt: 10 000 the municipality of norddjurs has the right to allocate hazardous waste for environmentally approved reception facilities. tacit approval, maximum review period of 14 days 30 000 (5) 30 june 2021 smedegaarden a/s vikingkaj 5 6700 esbjerg denmark www.smedegaarden.net dismantling by quay and subsequent scrapping on impermeable floors with effective drainage systems ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions: length: 170 meters width: 40 meters draught: 7,5 meters tacit approval, maximum review period of 14 days 20 000 (6) 15 september 2021 estonia o blrt refonda baltic afloat at the quayside and in the floating dock ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions: length: 197 meters width: 32 meters draught: 9,6 meters gt: 28 000 waste permit no. l.j /327249. hazardous waste management licence no 0222. rules of the vene-balti port, manual on ships recycling msr-refonda. environmental management system, waste management ep 4.4.6-1-13 the facility can recycle only these hazardous materials for which it has been licensed. tacit approval, with a maximum review period of 30 days. 21 852 (7) 15 february 2021 spain ddr vessels xxi, s.l. port of el musel gijon spain phone: +34 630144416 email: abarredo@ddr-vessels.com dismantling ramp ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013, except nuclear ships. maximum ship dimensions: length: 84,95 meters (ships up to 169,9 meters which can operate a zero rollover or negative ramp movement may be accepted depending on the outcome of a detailed feasibility study) the limitations are included in the integrated environmental authorisation. no express procedure defined yet. 0 (8) 28 july 2020 france d monaval recycling zi du malaquis rue fran ois arago 76580 le trait france phone: + 33 769791280 email: patrick@demonaval-recycling.fr alongside, drydock ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions (drydock): length: 140 meters width: 25 meters depth: 5 meters environmental limitations are defined in the prefectural authorisation. explicit approval the competent authority for the approval decision is the minister of environment 0 (9) 11 december 2022 gardet & de bezenac recycling/groupe baudelet environnement gie mug 616, boulevard jules durand 76600 le havre france phone: +33 235951634 email: infos@gardet-bezenac.com floating and slipway ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions: length: 150 meters width: 18 meters ldt: 7 000 environmental limitations are defined in the prefectural authorisation. explicit approval the competent authority for the approval decision is the minister of environment. 16 000 (10) 30 december 2021 grand port maritime de bordeaux 152, quai de bacalan cs 41320 - 33082 bordeaux cedex france phone: +33 556905800 email: maintenance@bordeaux-port.fr alongside, drydock ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions (drydock): length: 240 meters width: 37 meters depth: 17 meters environmental limitations are defined in the prefectural authorisation. explicit approval the competent authority for the approval decision is the minister of environment. 18 000 (11) 21 october 2021 les recycleurs bretons zone industrielle de kerbriant - 29 610 plouigneau france phone: +33 298011106 email: navaleo@navaleo.fr alongside, drydock ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions (drydock): length: 225 meters width: 34 meters depth: 27 meters environmental limitations are defined in the prefectural authorisation. explicit approval the competent authority for the approval decision is the minister of environment. 5 500 (12) 24 may 2021 latvia a/s tosmares ku ub v tava ener a balo a street 42/44, liepaja, lv-3402 latvia phone: +371 63401919 email: shipyard@tosmare.lv ship dismantling (wet berth and dry dock) ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions: length: 165 m width: 22 m depth: 7 m dwt: 14 000 gt: 200 - 12 000 weight: 100 5 000 tonnes ldt: 100 -5 000 see national permit no. li10ib0024. explicit approval written notification in 30 working days 0 (13) 11 june 2020 lithuania uab apk minijos 180 (berth 133a), lt 93269, klaip da, lithuania phone: +370 46365776 fax +370 46365776 email: uab.apk@gmail.com alongside (wet berth) ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions: length: 130 meters width: 35 meters depth: 10 meters gt: 3 500 see national permit no. tl-kl.1-15/2015 explicit approval written notification in 30 working days 1 500 (14) 17 march 2020 uab armar minijos 180 (berths 127a, 131a), lt 93269, klaip da, lithuania phone: +370 68532607 email: armar.uab@gmail.com; albatrosas33@gmail.com alongside (wet berth) ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions (berth 127a): length: 80 meters width: 16 meters depth: 6 meters gt: 1 500 maximum ship dimensions (berth 131a): length: 80 meters width: 16 meters depth: 5 meters gt: 1 500 see national permit no. tl-kl.1-16/2015 (berth 127a) see national permit no. tl-kl.1-51/2017 (berth 131a) explicit approval written notification in 30 working days 3 910 (15) 17 march 2020 (berth 127a) 19 april 2022 (berth 131a) uab vakaru refonda minijos 180 (berths 129, 130, 131a, 131, 132, 133a), lt 93269, klaip da, lithuania phone: +370 46483940/483891 fax +370 46483891 email: refonda@wsy.lt alongside (wet berth) ships as defined in point (1) of article 3(1) of regulation (eu) no 1257/2013 maximum ship dimensions: length: 230 meters width: 55 meters depth: 14 meters gt: 70 000 see national permit no. (11.2)-30-161/2011/tl-kl.1-18/2015 explicit approval written notification in 30 working days 20 140 (16) 21 may 2020 netherlands keppel-verolme prof. gerbrandyweg 25 3197 kk rotterdam-botlek the netherlands phone: +31 181234353 email: mzoethout@keppelverolme.nl shipbreaking maximum ship dimensions: length: 405 meters width: 90 meters depth: 11,6 meters the site has a permit to operate; this permit contains limitations and conditions to operate in an environmental sound manner. explicit approval 52 000 (17) 21 july 2021 scheepssloperij nederland b.v. havenweg 1; 3295 xz s-gravendeel postbus 5234; 3295 zj s-gravendeel the netherlands phone: +31 786736055 email: info@sloperij-nederland.nl shipbreaking maximum ship dimensions: length: 200 meters width: 33 meters depth: 6 meters height: 45 meters (botlekbridge) recycling operations start on water to make the hull lighter; the winch to haul ships on the ramp can pull 2 000 tonnes. the site has a permit to operate; this permit contains limitations and conditions to operate in an environmental sound manner. explicit approval 9 300 (18) 27 september 2021 portugal navalria docas, constru es e repara es navais porto comercial, terminal sul, apartado 39, 3811-901 aveiro portugal phone: +351 234378970, +351 232767700 email: info@navalria.pt dry dock dismantling, decontamination and dismantling on an horizontal plane and inclined plane, according to the ship's size nominal capacity of the horizontal plane: 700 tonnes nominal capacity of the inclined plane: 900 tonnes conditions applied to the activity are defined in specifications annexed to title (al n.o 5/2015/ccdrc, of 26 january 2016 1 900 tonnes (19) 26 january 2020 united kingdom able uk limited teesside environmental reclamation and recycling centre graythorp dock tees road hartlepool cleveland ts25 2db united kingdom phone: +44 1642806080 email: info@ableuk.com ship dismantling and associated treatment authorised with dry dock and wet berth any ship within the dimensions authorised within the permit. maximum ship dimensions: length: 337,5 meters beam: 120 meters draft: 6,65 meters the facility has a ship recycling facility plan that meets the requirements of regulation (eu) no 1257/2013. the site is authorised by way of a permit (reference epr/vp3296zm) that limits the operations and places conditions on the operator of the facility. explicit approval 66 340 (20) 6 october 2020 dales marine services ltd imperial dry dock leith edinburgh eh6 7dr united kingdom contact: phone: +44 1314543380 email: leithadmin@dalesmarine.co.uk; b.robertson@dalesmarine.co.uk ship dismantling and associated treatment authorizsd within a drydock, and wet berth any ship up to a maximum of 7 000 tonnes maximum ship dimensions: length: 165 meters beam: 21 meters draft: 7,7 meters the facility has a ship recycling facility plan that meets the requirements of regulation (eu) no 1257/2013. the site is authorised by way of a licence (ref: wml l 1157331) that limits the operations and places conditions on the operator of the facility. explicit approval 7 275 (21) 2 november 2022 harland and wolff heavy industries limited queen's island belfast bt3 9du united kingdom phone: +44 2890458456 email: trevor.hutchinson@harland-wolff.com ship dismantling and associated treatment authorised with dry dock, and wet berth any ship with the dimensions detailed in the agreed working plan. maximum ship dimensions: the main dock (the largest) is 556 m 93 m 1,2 m dwt, and can take vessels up to this size. this largest dry dock is 1,2 million dwt. the facility has a ship recycling facility plan that meets the requirements of regulation (eu) no 1257/2013. the site is authorised by way of a waste management licence, authorisation number ln/07/21/v2 that limits the operations and places conditions on the operator of the facility. explicit approval 13 200 (22) 3 august 2020 swansea drydock ltd prince of wales dry dock swansea wales sa1 1ly united kingdom phone: +44 1792654592 email: info@swanseadrydocks.com ship dismantling and associated treatment authorised with dry dock, and wet berth any ship within the dimensions authorised within the permit. maximum ship dimensions: length: 200 meters beam: 27 meters draft: 7 meters site has a ship recycling facility plan that meets with the requirements of regulation (eu) no 1257/2013. the site is authorised by way of a permit (reference epr/up3298vl) that limits the operations and places conditions on the operator of the facility. explicit approval 7 275 (23) 2 july 2020 (1) as referred to in article 7(3) of regulation (eu) no 1257/2013 on ship recycling. (2) as referred to in the third sentence of article 32(1)(a) of regulation (eu) no 1257/2013. (3) the date of expiry of inclusion in the european list corresponds to the date of expiry of the permit or authorisation granted to the facility in the member state. (4) according to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 50 000 ldt per year. (5) according to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 50 000 ldt per year. (6) according to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 50 000 ldt per year. (7) according to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 15 000 ldt per year. (8) according to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 60 000 ldt per year. (9) according to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 15 000 ldt per year. (10) according to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 18 000 ldt per year. (11) according to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 23 000 ldt per year. (12) according to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 10 000 ldt per year. (13) according to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 15 000 ldt per year. (14) according to its permit, the facility is authorised to recycle a maximum 30 000 ldt per year. (15) according to its permits, the facility is authorised to recycle a maximum 12 000 ldt per year (6 000 ldt per berth). (16) according to its permit, the facility is authorised to recycle a maximum 45 000 ldt per year. (17) according to its permit, the theoretical maximum annual ship recycling capacity of the facility is 100 000 tonnes per year. (18) according to the information submitted, the theoretical maximum annual ship recycling capacity of the facility is 45 000 ldt per year. (19) no information on theoretical maximum annual ship recycling capacity was provided. (20) according to its permit, the facility is authorised to recycle a maximum of 230 000 tonnes per year. (21) according to its permit, the facility is authorised to recycle a maximum of 7 275 tonnes per year. (22) according to its permit, the facility is authorised to recycle a maximum of 300 000 tonnes per year. (23) according to its permit, the facility is authorised to recycle a maximum of 74 999 tonnes per year.
name: commission implementing decision (eu) 2018/1479 of 3 october 2018 postponing the expiry date of approval of sulfuryl fluoride for use in biocidal products of product-type 8 (text with eea relevance.) type: decision_impl subject matter: wood industry; chemistry; marketing date published: 2018-10-04 4.10.2018 en official journal of the european union l 249/16 commission implementing decision (eu) 2018/1479 of 3 october 2018 postponing the expiry date of approval of sulfuryl fluoride for use in biocidal products of product-type 8 (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 528/2012 of the european parliament and of the council of 22 may 2012 concerning the making available on the market and use of biocidal products (1), and in particular article 14(5) thereof, after consulting the standing committee on biocidal products, whereas: (1) the active substance sulfuryl fluoride was included into annex i to directive 98/8/ec of the european parliament and of the council (2) for use in biocidal products of product-type 8, and pursuant to article 86 of regulation (eu) no 528/2012 is therefore considered approved under that regulation subject to the specifications and conditions set out in annex i to that directive. (2) the approval of sulfuryl fluoride for use in biocidal products of product-type 8 will expire on 31 december 2018. in accordance with article 13(1) of regulation (eu) no 528/2012, an application has been submitted for the renewal of the approval of this active substance on 28 june 2017. (3) the evaluating competent authority of sweden has informed the commission services on 14 february 2018 on its decision pursuant to article 14(2) of regulation (eu) no 528/2012 that a full evaluation will have to be performed. a 365-day period is allowed to perform a full evaluation pursuant to article 8(1) of that regulation. during the evaluation, the evaluating competent authority may, as appropriate, request the applicant to provide sufficient data to carry out the evaluation, in accordance with article 8(2) of that regulation. in such case, the 365-day period is suspended for a period that may not exceed 180 days in total unless it is justified by the nature of the data requested or by exceptional circumstances. (4) within 270 days of receipt of a recommendation from the evaluating competent authority, the european chemicals agency (the agency) is to prepare and submit to the commission an opinion on renewal of the approval of the active substance in accordance with article 14(3) of regulation (eu) no 528/2012. (5) consequently, for reasons beyond the control of the applicant, the approval of sulfuryl fluoride for use in biocidal products of product-type 8 is likely to expire before a decision has been taken on its renewal. it is therefore appropriate to postpone the expiry date of approval of sulfuryl fluoride for use in biocidal products of product-type 8 for a period of time sufficient to enable the examination of the application. considering the periods of time allowed for the evaluation by the evaluating competent authority and for the preparation and submission of the opinion by the agency, it is appropriate to postpone the expiry date of approval to 30 june 2021. (6) except for the expiry date of the approval, sulfuryl fluoride should remain approved for use in biocidal products of product-type 8 subject to the specifications and conditions set out in annex i to directive 98/8/ec, has adopted this decision: article 1 the expiry date of approval of sulfuryl fluoride for use in biocidal products of product-type 8 is postponed to 30 june 2021. 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, 3 october 2018. for the commission the president jean-claude juncker (1) oj l 167, 27.6.2012, p. 1. (2) directive 98/8/ec of the european parliament and of the council of 16 february 1998 concerning the placing of biocidal products on the market (oj l 123, 24.4.1998, p. 1).
name: decision (eu) 2018/1346 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the translation centre for the bodies of the european union for the financial year 2016 type: decision subject matter: budget; eu finance; eu institutions and european civil service date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/172 decision (eu) 2018/1346 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the translation centre for the bodies of the european union for the financial year 2016 the european parliament, having regard to the final annual accounts of the translation centre for the bodies of the european union for the financial year 2016, having regard to the court of auditors report on the annual accounts of the translation centre for the bodies of the european union for the financial year 2016, together with the centres reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the centre in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0063/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to council regulation (ec) no 2965/94 of 28 november 1994 setting up a translation centre for bodies of the european union (4), and in particular article 14 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on culture and education (a8-0106/2018), 1. grants the director of the translation centre for the bodies of the european union discharge in respect of the implementation of the centres budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director of the translation centre for the bodies of the european union, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 37. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 314, 7.12.1994, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1364 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european centre for disease prevention and control for the financial year 2016 type: decision subject matter: budget; eu institutions and european civil service; eu finance date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/209 decision (eu) 2018/1364 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european centre for disease prevention and control for the financial year 2016 the european parliament, having regard to the final annual accounts of the european centre for disease prevention and control for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european centre for disease prevention and control for the financial year 2016, together with the centres reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the centre in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0070/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (ec) no 851/2004 of the european parliament and of the council of 21 april 2004 establishing a european centre for disease prevention and control (4), and in particular article 23 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on the environment, public health and food safety (a8-0085/2018), 1. grants the director of the european centre for disease prevention and control discharge in respect of the implementation of the centres budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director of the european centre for disease prevention and control, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 92. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 142, 30.4.2004, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1412 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european agency for safety and health at work for the financial year 2016 type: decision subject matter: eu finance; budget; eu institutions and european civil service date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/306 decision (eu) 2018/1412 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european agency for safety and health at work for the financial year 2016 the european parliament, having regard to the final annual accounts of the european agency for safety and health at work for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european agency for safety and health at work for the financial year 2016, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0062/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to council regulation (ec) no 2062/94 of 18 july 1994 establishing a european agency for safety and health at work (4), and in particular article 14 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on employment and social affairs (a8-0084/2018), 1. grants the director of the european agency for safety and health at work discharge in respect of the implementation of the agencys budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director of the european agency for safety and health at work, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 201. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 216, 20.8.1994, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1405 of the european parliament of 18 april 2018 on the closure of the accounts of the european securities and markets authority for the financial year 2016 type: decision subject matter: eu finance; accounting; eu institutions and european civil service; budget date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/293 decision (eu) 2018/1405 of the european parliament of 18 april 2018 on the closure of the accounts of the european securities and markets authority for the financial year 2016 the european parliament, having regard to the final annual accounts of the european securities and markets authority for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european securities and markets authority for the financial year 2016, together with the authoritys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the authority in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0083/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (eu) no 1095/2010 of the european parliament and of the council of 24 november 2010 establishing a european supervisory authority (european securities and markets authority), amending decision no 716/2009/ec and repealing commission decision 2009/77/ec (4), and in particular article 64 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on economic and monetary affairs (a8-0101/2018), 1. approves the closure of the accounts of the european securities and markets authority for the financial year 2016; 2. instructs its president to forward this decision to the executive director of the european securities and markets authority, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 176. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 331, 15.12.2010, p. 84. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1351 of the european parliament of 18 april 2018 on the closure of the accounts of the european centre for the development of vocational training for the financial year 2016 type: decision subject matter: eu institutions and european civil service; budget; eu finance; accounting date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/182 decision (eu) 2018/1351 of the european parliament of 18 april 2018 on the closure of the accounts of the european centre for the development of vocational training for the financial year 2016 the european parliament, having regard to the final annual accounts of the european centre for the development of vocational training for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european centre for the development of vocational training for the financial year 2016, together with the centres reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the centre in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0057/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (eec) no 337/75 of the council of 10 february 1975 establishing a european centre for the development of vocational training (4), and in particular article 12a thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on employment and social affairs (a8-0068/2018), 1. approves the closure of the accounts of the european centre for the development of vocational training for the financial year 2016; 2. instructs its president to forward this decision to the director of the european centre for the development of vocational training, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 42. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 39, 13.2.1975, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu, euratom) 2018/1451 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european joint undertaking for iter and the development of fusion energy for the financial year 2016 type: decision subject matter: budget; eu institutions and european civil service; electrical and nuclear industries; eu finance date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/375 decision (eu, euratom) 2018/1451 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european joint undertaking for iter and the development of fusion energy for the financial year 2016 the european parliament, having regard to the final annual accounts of the european joint undertaking for iter and the development of fusion energy for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european joint undertaking for iter and the development of fusion energy for the financial year 2016, together with the joint undertakings reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2016 (05943/2018 c8-0089/2018), having regard to article 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, 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 (3), and in particular article 208 thereof, having regard to council decision no 2007/198/euratom of 27 march 2007 establishing the european joint undertaking for iter and the development of fusion energy and conferring advantages upon it (4), and in particular article 5(3) thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0095/2018), 1. grants the director of the european joint undertaking for iter and the development of fusion energy discharge in respect of the implementation of the joint undertakings budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision and the resolution forming an integral part of it to the director of the european joint undertaking for iter and the development of fusion energy, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 426, 12.12.2017, p. 31. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 90, 30.3.2007, p. 58. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu, euratom) 2018/1453 of the european parliament of 18 april 2018 on the closure of the accounts of the european joint undertaking for iter and the development of fusion energy for the financial year 2016 type: decision subject matter: accounting; eu finance; electrical and nuclear industries; eu institutions and european civil service; budget date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/380 decision (eu, euratom) 2018/1453 of the european parliament of 18 april 2018 on the closure of the accounts of the european joint undertaking for iter and the development of fusion energy for the financial year 2016 the european parliament, having regard to the final annual accounts of the european joint undertaking for iter and the development of fusion energy for the financial year 2016, having regard to the court of auditors report on the annual accounts of the joint undertaking for iter and the development of fusion energy for the financial year 2016, together with the joint undertakings reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2016 (05943/2018 c8-0089/2018), having regard to article 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, 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 (3), and in particular article 208 thereof, having regard to council decision no 2007/198/euratom of 27 march 2007 establishing the european joint undertaking for iter and the development of fusion energy and conferring advantages upon it (4), and in particular article 5(3) thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0095/2018), 1. approves the closure of the accounts of the joint undertaking for iter and the development of fusion energy for the financial year 2016; 2. instructs its president to forward this decision to the director of the european joint undertaking for iter and the development of fusion energy, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 426, 12.12.2017, p. 31. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 90, 30.3.2007, p. 58. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1393 of the european parliament of 18 april 2018 on the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2016 type: decision subject matter: eu finance; eu institutions and european civil service; accounting; budget date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/270 decision (eu) 2018/1393 of the european parliament of 18 april 2018 on the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2016 the european parliament, having regard to the final annual accounts of the european monitoring centre for drugs and drug addiction for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european monitoring centre for drugs and drug addiction for the financial year 2016, together with the centres reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the centre in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0060/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (ec) no 1920/2006 of the european parliament and of the council of 12 december 2006 on the european monitoring centre for drugs and drug addiction (4), and in particular article 15 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0081/2018), 1. approves the closure of the accounts of the european monitoring centre for drugs and drug addiction for the financial year 2016; 2. instructs its president to forward this decision to the director of the european monitoring centre for drugs and drug addiction, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 150. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 376, 27.12.2006, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1355 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european aviation safety agency for the financial year 2016 type: decision subject matter: eu institutions and european civil service; budget; eu finance date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/189 decision (eu) 2018/1355 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european aviation safety agency for the financial year 2016 the european parliament, having regard to the final annual accounts of the european aviation safety agency for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european aviation safety agency for the financial year 2016, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0068/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (ec) no 216/2008 of the european parliament and of the council of 20 february 2008 on common rules in the field of civil aviation and establishing a european aviation safety agency, and repealing council directive 91/670/eec, regulation (ec) no 1592/2002 and directive 2004/36/ec (4), and in particular article 60 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on transport and tourism (a8-0066/2018), 1. grants the executive director of the european aviation safety agency discharge in respect of the implementation of the agencys budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european aviation safety agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 68. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 79, 19.3.2008, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1357 of the european parliament of 18 april 2018 on the closure of the accounts of the european aviation safety agency for the financial year 2016 type: decision subject matter: accounting; eu finance; eu institutions and european civil service; budget date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/194 decision (eu) 2018/1357 of the european parliament of 18 april 2018 on the closure of the accounts of the european aviation safety agency for the financial year 2016 the european parliament, having regard to the final annual accounts of the european aviation safety agency for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european aviation safety agency for the financial year 2016, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0068/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (ec) no 216/2008 of the european parliament and of the council of 20 february 2008 on common rules in the field of civil aviation and establishing a european aviation safety agency, and repealing council directive 91/670/eec, regulation (ec) no 1592/2002 and directive 2004/36/ec (4), and in particular article 60 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on transport and tourism (a8-0066/2018), 1. approves the closure of the accounts of the european aviation safety agency for the financial year 2016; 2. instructs its president to forward this decision to the executive director of the european aviation safety agency, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 68. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 79, 19.3.2008, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1400 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european railway agency (now european union agency for railways) for the financial year 2016 type: decision subject matter: budget; eu finance; eu institutions and european civil service date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/282 decision (eu) 2018/1400 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european railway agency (now european union agency for railways) for the financial year 2016 the european parliament, having regard to the final annual accounts of the european railway agency (now european union agency for railways) for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european railway agency (now european union agency for railways) for the financial year 2016, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0072/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (ec) no 881/2004 of the european parliament and of the council of 29 april 2004 establishing a european railway agency (4), and in particular article 39 thereof, having regard to regulation (eu) 2016/796 of the european parliament and of the council of 11 may 2016 on the european union agency for railways and repealing regulation (ec) no 881/2004 (5), and in particular article 65 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on transport and tourism (a8-0079/2018), 1. grants the executive director of the european union agency for railways discharge in respect of the implementation of the agencys budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european union agency for railways, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 166. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 164, 30.4.2004, p. 1. (5) oj l 138, 26.5.2016, p. 1. (6) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1366 of the european parliament of 18 april 2018 on the closure of the accounts of the european centre for disease prevention and control for the financial year 2016 type: decision subject matter: budget; eu finance; eu institutions and european civil service; accounting date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/214 decision (eu) 2018/1366 of the european parliament of 18 april 2018 on the closure of the accounts of the european centre for disease prevention and control for the financial year 2016 the european parliament, having regard to the final annual accounts of the european centre for disease prevention and control for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european centre for disease prevention and control for the financial year 2016, together with the centres reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the centre in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0070/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (ec) no 851/2004 of the european parliament and of the council of 21 april 2004 establishing a european centre for disease prevention and control (4), and in particular article 23 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on the environment, public health and food safety (a8-0085/2018), 1. approves the closure of the accounts of the european centre for disease prevention and control for the financial year 2016; 2. instructs its president to forward this decision to the director of the european centre for disease prevention and control, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 92. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 142, 30.4.2004, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1418 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european foundation for the improvement of living and working conditions for the financial year 2016 type: decision subject matter: budget; eu finance; eu institutions and european civil service date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/314 decision (eu) 2018/1418 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european foundation for the improvement of living and working conditions for the financial year 2016 the european parliament, having regard to the final annual accounts of the european foundation for the improvement of living and working conditions for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european foundation for the improvement of living and working conditions for the financial year 2016, together with the foundations reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the foundation in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0058/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (eec) no 1365/75 of the council of 26 may 1975 on the creation of a european foundation for the improvement of living and working conditions (4), and in particular article 16 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on employment and social affairs (a8-0092/2018), 1. grants the director of the european foundation for the improvement of living and working conditions discharge in respect of the implementation of the foundations budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director of the european foundation for the improvement of living and working conditions, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 212. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 139, 30.5.1975, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1397 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european union agency for network and information security for the financial year 2016 type: decision subject matter: budget; eu institutions and european civil service; eu finance date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/277 decision (eu) 2018/1397 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european union agency for network and information security for the financial year 2016 the european parliament, having regard to the final annual accounts of the european union agency for network and information security for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european union agency for network and information security for the financial year 2016, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0071/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (eu) no 526/2013 of the european parliament and of the council of 21 may 2013 concerning the european union agency for network and information security (enisa) and repealing regulation (ec) no 460/2004 (4), and in particular article 21 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0114/2018), 1. grants the executive director of the european union agency for network and information security discharge in respect of the implementation of the agencys budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european union agency for network and information security, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 160. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 165, 18.6.2013, p. 41. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1409 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice for the financial year 2016 type: decision subject matter: eu finance; budget; eu institutions and european civil service date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/299 decision (eu) 2018/1409 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice for the financial year 2016 the european parliament, having regard to the final annual accounts of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice for the financial year 2016, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0088/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (eu) no 1077/2011 of the european parliament and of the council of 25 october 2011 establishing a european agency for the operational management of large-scale it systems in the area of freedom, security and justice (4), in particular article 33 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0111/2018), 1. grants the executive director of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice discharge in respect of the implementation of the agencys budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 194. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 286, 1.11.2011, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu, euratom) 2018/1320 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the research executive agency for the financial year 2016 type: decision subject matter: budget; eu finance; research and intellectual property; eu institutions and european civil service date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/111 decision (eu, euratom) 2018/1320 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the research executive agency for the financial year 2016 the european parliament, having regard to the general budget of the european union for the financial year 2016 (1), having regard to the consolidated annual accounts of the european union for the financial year 2016 (com(2017) 365 c8-0247/2017) (2), having regard to the final annual accounts of the research executive agency for the financial year 2016 (3), having regard to the commissions report on the follow-up to the discharge for the 2015 financial year (com(2017) 379), having regard to the commissions annual report to the discharge authority on internal audits carried out in 2016 (com(2017) 497), and to the accompanying commission staff working document (swd(2017) 306), having regard to the court of auditors report on the annual accounts of the research executive agency for the financial year 2016, together with the agencys reply (4), having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2016 (05942/2018 c8-0043/2018), having regard to articles 317, 318 and 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, 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 (6) and in particular articles 62, 164, 165 and 166 thereof, having regard to council regulation (ec) no 58/2003 of 19 december 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (7), and in particular article 14(3) thereof, having regard to commission regulation (ec) no 1653/2004 of 21 september 2004 on a standard financial regulation for the executive agencies pursuant to council regulation (ec) no 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (8), and in particular the first and second paragraphs of article 66 thereof, having regard to commission implementing decision 2013/778/eu of 13 december 2013 establishing the research executive agency and repealing decision 2008/46/ec (9), having regard to rule 93 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinions of the other committees concerned (a8-0137/2018), a. whereas, under article 17(1) of the treaty on european union, the commission is to execute the budget and manage programmes and, pursuant to article 317 of the treaty on the functioning of the european union, is to implement the budget in cooperation with the member states, on its own responsibility, having regard to the principles of sound financial management; 1. grants the director of the research executive agency discharge in relation to the implementation of the agencys budget for the financial year 2016; 2. sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the european union for the financial year 2016, section iii commission and executive agencies, and in its resolution of 18 april 2018 on the court of auditors special reports in the context of the commission discharge for the financial year 2016 (10); 3. instructs its president to forward this decision, the decision on discharge in respect of the implementation of the general budget of the european union for the financial year 2016, section iii commission and the resolution forming an integral part of those decisions, to the director of the research executive agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj l 48, 24.2.2016. (2) oj c 323, 28.9.2017, p. 1. (3) oj c 384, 14.11.2017, p. 12. (4) oj c 417, 6.12.2017, p. 252. (5) oj c 322, 28.9.2017, p. 10. (6) oj l 298, 26.10.2012, p. 1. (7) oj l 11, 16.1.2003, p. 1. (8) oj l 297, 22.9.2004, p. 6. (9) oj l 346, 20.12.2013, p. 54. (10) texts adopted, p8_ta(2018)0122 (see page 71 of this official journal).
name: decision (eu) 2018/1459 of the european parliament of 18 april 2018 on the closure of the accounts of the shift2rail joint undertaking for the financial year 2016 type: decision subject matter: research and intellectual property; budget; eu institutions and european civil service; accounting; eu finance; land transport date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/392 decision (eu) 2018/1459 of the european parliament of 18 april 2018 on the closure of the accounts of the shift2rail joint undertaking for the financial year 2016 the european parliament, having regard to the final annual accounts of the shift2rail joint undertaking for the financial year 2016, having regard to the court of auditors report on the annual accounts of the shift2rail joint undertaking for the financial year 2016, together with the joint undertakings reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2016 (05943/2018 c8-0095/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 209 thereof, having regard to council regulation (eu) no 642/2014 of 16 june 2014 establishing the shift2rail joint undertaking (4), and in particular article 12 thereof, having regard to commission delegated regulation (eu) no 110/2014 of 30 september 2013 on the model financial regulation for public-private partnership bodies referred to in article 209 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on transport and tourism (a8-0076/2018), 1. approves the closure of the accounts of the shift2rail joint undertaking for the financial year 2016; 2. instructs its president to forward this decision to the executive director of the shift2rail joint undertaking, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 426, 12.12.2017, p. 64. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 177, 17.6.2014, p. 9. (5) oj l 38, 7.2.2014, p. 2.
name: decision (eu) 2018/1402 of the european parliament of 18 april 2018 on the closure of the accounts of the european railway agency (now european union agency for railways) for the financial year 2016 type: decision subject matter: accounting; eu finance; eu institutions and european civil service; budget date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/287 decision (eu) 2018/1402 of the european parliament of 18 april 2018 on the closure of the accounts of the european railway agency (now european union agency for railways) for the financial year 2016 the european parliament, having regard to the final annual accounts of the european railway agency (now european union agency for railways) for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european railway agency (now european union agency for railways) for the financial year 2016, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0072/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (ec) no 881/2004 of the european parliament and of the council of 29 april 2004 establishing a european railway agency (4), and in particular article 39 thereof, having regard to regulation (eu) 2016/796 of the european parliament and of the council of 11 may 2016 on the european union agency for railways and repealing regulation (ec) no 881/2004 (5), and in particular article 65 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (6), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on transport and tourism (a8-0079/2018), 1. approves the closure of the accounts of the european railway agency (now european union agency for railways) for the financial year 2016; 2. instructs its president to forward this decision to the executive director of the european union agency for railways, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 166. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 164, 30.4.2004, p. 1. (5) oj l 138, 26.5.2016, p. 1. (6) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1394 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european maritime safety agency for the financial year 2016 type: decision subject matter: eu finance; budget; eu institutions and european civil service date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/271 decision (eu) 2018/1394 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european maritime safety agency for the financial year 2016 the european parliament, having regard to the final annual accounts of the european maritime safety agency for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european maritime safety agency for the financial year 2016, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0067/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (ec) no 1406/2002 of the european parliament and of the council of 27 june 2002 establishing a european maritime safety agency (4), and in particular article 19 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on transport and tourism (a8-0078/2018), 1. grants the executive director of the european maritime safety agency discharge in respect of the implementation of the agencys budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european maritime safety agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 156. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 208, 5.8.2002, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1396 of the european parliament of 18 april 2018 on the closure of the accounts of the european maritime safety agency for the financial year 2016 type: decision subject matter: eu institutions and european civil service; budget; accounting; eu finance date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/276 decision (eu) 2018/1396 of the european parliament of 18 april 2018 on the closure of the accounts of the european maritime safety agency for the financial year 2016 the european parliament, having regard to the final annual accounts of the european maritime safety agency for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european maritime safety agency for the financial year 2016, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0067/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (ec) no 1406/2002 of the european parliament and of the council of 27 june 2002 establishing a european maritime safety agency (4), and in particular article 19 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on transport and tourism (a8-0078/2018), 1. approves the closure of the accounts of the european maritime safety agency for the financial year 2016; 2. instructs its president to forward this decision to the executive director of the european maritime safety agency, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 156. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 208, 5.8.2002, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1423 of the european parliament of 18 april 2018 on the closure of the accounts of eurojust for the financial year 2016 type: decision subject matter: eu finance; accounting; budget; european construction date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/325 decision (eu) 2018/1423 of the european parliament of 18 april 2018 on the closure of the accounts of eurojust for the financial year 2016 the european parliament, having regard to the final annual accounts of eurojust for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european union's judicial cooperation unit for the financial year 2016, together with eurojusts reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council recommendation of 20 february 2018 on discharge to be given to eurojust in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0065/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to council decision 2002/187/jha of 28 february 2002 setting up eurojust with a view to reinforcing the fight against serious crime (4), and in particular article 36 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0113/2018), 1. approves the closure of the accounts of eurojust for the financial year 2016; 2. instructs its president to forward this decision to the administrative director of eurojust, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 218. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 63, 6.3.2002, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1382 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european insurance and occupational pensions authority for the financial year 2016 type: decision subject matter: eu finance; eu institutions and european civil service; budget date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/246 decision (eu) 2018/1382 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the european insurance and occupational pensions authority for the financial year 2016 the european parliament, having regard to the final annual accounts of the european insurance and occupational pensions authority for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european insurance and occupational pensions authority for the financial year 2016, together with the authoritys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the authority in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0082/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (eu) no 1094/2010 of the european parliament and of the council of 24 november 2010 establishing a european supervisory authority (european insurance and occupational pensions authority), amending decision no 716/2009/ec and repealing commission decision 2009/79/ec (4), and in particular article 64 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on economic and monetary affairs (a8-0088/2018), 1. grants the executive director of the european insurance and occupational pensions authority discharge in respect of the implementation of the authoritys budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european insurance and occupational pensions authority, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 126. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 331, 15.12.2010, p. 48. (5) oj l 328, 7.12.2013, p. 42.
name: decision (eu) 2018/1439 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the clean sky 2 joint undertaking for the financial year 2016 type: decision subject matter: budget; eu institutions and european civil service; mechanical engineering; eu finance date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/355 decision (eu) 2018/1439 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the budget of the clean sky 2 joint undertaking for the financial year 2016 the european parliament, having regard to the final annual accounts of the clean sky 2 joint undertaking for the financial year 2016, having regard to the court of auditors report on the annual accounts of the clean sky 2 joint undertaking for the financial year 2016, together with the joint undertakings reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2016 (05943/2018 c8-0091/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 209 thereof, having regard to council regulation (eu) no 558/2014 of 6 may 2014 establishing the clean sky 2 joint undertaking (4), and in particular article 12 thereof, having regard to commission delegated regulation (eu) no 110/2014 of 30 september 2013 on the model financial regulation for public-private partnership bodies referred to in article 209 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0070/2018), 1. grants the executive director of the clean sky 2 joint undertaking discharge in respect of the implementation of the joint undertakings budget for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision and the resolution forming an integral part of it to the executive director of the clean sky 2 joint undertaking, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 426, 12.12.2017, p. 15. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 169, 7.6.2014, p. 77. (5) oj l 38, 7.2.2014, p. 2.
name: decision (eu) 2018/1309 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the general budget of the european union for the financial year 2016, section i european parliament type: decision subject matter: budget; eu finance; eu institutions and european civil service date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/1 decision (eu) 2018/1309 of the european parliament of 18 april 2018 on discharge in respect of the implementation of the general budget of the european union for the financial year 2016, section i european parliament the european parliament, having regard to the general budget of the european union for the financial year 2016 (1), having regard to the consolidated annual accounts of the european union for the financial year 2016 (com(2017) 365 c8-0248/2017) (2), having regard to the report on budgetary and financial management for the financial year 2016, section i european parliament (3), having regard to the internal auditors annual report for the financial year 2016, having regard to the court of auditors annual report on the implementation of the budget for the financial year 2016, together with the institutions replies (4), having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to article 314(10) and article 318 of the treaty on the functioning of the european union, 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 (6), and in particular articles 164, 165 and 166 thereof, having regard to the bureau decision of 16 june 2014 on the internal rules on the implementation of the european parliaments budget (7), and in particular article 22 thereof, having regard to rule 94 and rule 98(3) of, and annex iv to, its rules of procedure, having regard to the report of the committee on budgetary control (a8-0105/2018), a. whereas the president adopted parliament's accounts for the financial year 2016 on 28 june 2017; b. whereas the secretary-general, as principal authorising officer by delegation, certified, on 10 july 2017, his reasonable assurance that the resources assigned for parliament's budget have been used for their intended purpose, in accordance with the principles of sound financial management and that the control procedures established give the necessary guarantees concerning the legality and regularity of the underlying transactions; c. whereas article 166(1) of regulation (eu, euratom) no 966/2012 requires each union institution to take all appropriate steps to act on the observations accompanying the parliaments discharge decision; 1. grants its president discharge in respect of the implementation of the budget of the european parliament for the financial year 2016; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision and the resolution forming an integral part of it to the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj l 48, 24.2.2016. (2) oj c 323, 28.9.2017, p. 1. (3) oj c 266, 11.8.2017, p. 1. (4) oj c 322, 28.9.2017, p. 1. (5) oj c 322, 28.9.2017, p. 10. (6) oj l 298, 26.10.2012, p. 1. (7) pe 422.541/bur.
name: decision (eu) 2018/1411 of the european parliament of 18 april 2018 on the closure of the accounts of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice for the financial year 2016 type: decision subject matter: eu finance; accounting; eu institutions and european civil service; budget date published: 2018-10-03 3.10.2018 en official journal of the european union l 248/305 decision (eu) 2018/1411 of the european parliament of 18 april 2018 on the closure of the accounts of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice for the financial year 2016 the european parliament, having regard to the final annual accounts of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice for the financial year 2016, having regard to the court of auditors report on the annual accounts of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice for the financial year 2016, together with the agencys reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2016, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the councils recommendation of 20 february 2018 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 c8-0088/2018), having regard to article 319 of the treaty on the functioning of the european union, 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 (3), and in particular article 208 thereof, having regard to regulation (eu) no 1077/2011 of the european parliament and of the council of 25 october 2011 establishing a european agency for the operational management of large-scale it systems in the area of freedom, security and justice (4), in particular article 33 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0111/2018), 1. approves the closure of the accounts of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice for the financial year 2016; 2. instructs its president to forward this decision to the executive director of the european agency for the perational management of large-scale it systems in the area of freedom, security and justice, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 417, 6.12.2017, p. 194. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 286, 1.11.2011, p. 1. (5) oj l 328, 7.12.2013, p. 42.
name: council decision (eu) 2018/1474 of 28 september 2018 appointing two members and four alternate members, proposed by the republic of austria, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2018-10-03 3.10.2018 en official journal of the european union l 247/7 council decision (eu) 2018/1474 of 28 september 2018 appointing two members and four alternate members, proposed by the republic of austria, 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 austrian government, 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. (2) two members' seats on the committee of the regions have become vacant following the end of the term of office of mr michael h upl and mr herwig van staa. (3) three alternate members' seats on the committee of the regions have become vacant following the end of the term of office of ms renate brauner, ms brigitta pallauf and ms barbara schwarz. (4) an alternate member's seat has become vacant following the appointment of mr g nther platter as a 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 2020: (a) as members: mr g nther platter, landeshauptmann von tirol, mr michael ludwig, landeshauptmann/b rgermeister von wien; (b) as alternate members: ms sonja ledl-rossmann, pr sidentin des landtags von tirol, mr peter hanke, stadtrat f r finanzen und budget der stadt wien, ms brigitta pallauf, pr sidentin des landtags von salzburg, mr martin eichtinger, landesrat f r wohnen, arbeitsmarkt und internationale beziehungen von nieder sterreich. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 28 september 2018. for the council the president m. schramb ck (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).
name: council decision (cfsp) 2018/1465 of 28 september 2018 amending decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya type: decision subject matter: africa; international affairs; civil law; european construction date published: 2018-10-01 1.10.2018 en official journal of the european union l 245/16 council decision (cfsp) 2018/1465 of 28 september 2018 amending decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 31 july 2015 the council adopted decision (cfsp) 2015/1333 (1). (2) on 21 march 2018 the council adopted decision (cfsp) 2018/476 (2). (3) in view of the continuing instability and gravity of the situation in libya, the council has decided that the restrictive measures concerning three persons should be extended for a further period of six months. (4) decision (cfsp) 2015/1333 should therefore be amended accordingly, has adopted this decision: article 1 in article 17 of decision (cfsp) 2015/1333, paragraphs 3 and 4 are replaced by the following: 3. the measures referred to in article 8(2) shall apply with regard to entries 14, 15 and 16 in annex ii until 2 april 2019. 4. the measures referred to in article 9(2) shall apply with regard to entries 19, 20 and 21 in annex iv until 2 april 2019. 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, 28 september 2018. for the council the president m. schramb ck (1) council decision (cfsp) 2015/1333 of 31 july 2015 concerning restrictive measures in view of the situation in libya, and repealing decision 2011/137/cfsp (oj l 206, 1.8.2015, p. 34). (2) council decision (cfsp) 2018/476 of 21 march 2018 amending decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya (oj l 79, 22.3.2018, p. 30).
name: council decision (eu) 2018/1296 of 18 september 2018 establishing the position to be adopted on behalf of the european union at the 13th general assembly of the intergovernmental organisation for international carriage by rail (otif) as regards certain amendments to the convention concerning international carriage by rail (cotif) and to the appendices thereto type: decision subject matter: international affairs; land transport; organisation of transport; european construction date published: 2018-09-27 27.9.2018 en official journal of the european union l 243/11 council decision (eu) 2018/1296 of 18 september 2018 establishing the position to be adopted on behalf of the european union at the 13th general assembly of the intergovernmental organisation for international carriage by rail (otif) as regards certain amendments to the convention concerning international carriage by rail (cotif) and to the appendices thereto the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 91, in conjunction with article 218(9), thereof, having regard to the proposal from the european commission, whereas: (1) the union acceded to the convention concerning international carriage by rail of 9 may 1980, as amended by the vilnius protocol of 3 june 1999 (the cotif convention), pursuant to council decision 2013/103/eu (1). (2) decision 2013/103/eu specifies that the commission is to represent the union at the meetings of the intergovernmental organisation for international carriage by rail (otif). (3) the member states, with the exception of cyprus and malta, are contracting parties to and apply the cotif convention. (4) the general assembly of otif was set up in accordance with point (a) of article 13(1) of the cotif convention (the general assembly). at its 13th session, due to take place from 25 to 26 september 2018, the general assembly is expected to decide upon certain amendments to the cotif convention as well as to the appendices e (contract of use of infrastructure in international rail traffic cui) and g (technical admission of railway material used in international traffic atmf) thereto. at this session, the general assembly is also expected to decide upon the adoption of a new appendix h to the cotif convention regarding the safe operation of trains in international traffic. (5) it is appropriate to establish the position to be adopted on behalf of the union at the 13th general assembly otif, as the envisaged amendments to the cotif convention and the appendices thereto will be binding on the union and capable of decisively influencing the content of union law, namely directives (eu) 2016/797 (2) and (eu) 2016/798 (3) of the european parliament and of the council. (6) the amendments to the rules of procedure of the general assembly of otif aim to update certain provisions as a result of the accession of the union to the cotif convention in 2011, in particular with regard to provisions governing the right to vote of the regional organisation and establishing the quorum. (7) the amendments to the cotif convention aim to improve and facilitate the procedure for revising the cotif convention with a view to the consistent and rapid implementation of amendments to the appendices thereto, and in order to prevent adverse effects of the current lengthy revision procedure, including the risk of internal misalignment between amendments adopted by the revision committee and those adopted by the general assembly, as well as external misalignment, in particular with union law. (8) the amendments to appendix e (cui) to the cotif convention aim to clarify the scope of application of the cui uniform rules to ensure that those rules are more systemically applied for their intended purpose, namely in international railway traffic such as in freight corridors or for international passenger trains. (9) the amendments to appendix g (atmf) to the cotif convention aim to achieve harmonisation between the otif rules and the union rules, in particular after the adoption of the fourth railway package by the union in 2016. (10) most of the proposed amendments are in line with the law and the strategic objectives of the union, and should therefore be supported by the union. (11) the position of the union at the 13th general assembly of otif should therefore be based on the attachment, has adopted this decision: article 1 1. the position to be adopted on behalf of the union at the 13th general assembly of the intergovernmental organisation for international carriage by rail (otif) is set out in the attachment. 2. minor changes to the positions set out in the attachment may be agreed by the representatives of the union at the general assembly without further decision of the council. article 2 the decisions of the 13th general assembly, once adopted, shall be published in the official journal of the european union, indicating the date of their entry into force. article 3 this decision shall enter into force on the date of its adoption. done at brussels, 18 september 2018. for the council the president g. bl mel (1) council decision 2013/103/eu of 16 june 2011 on the signing and conclusion of the agreement between the european union and the intergovernmental organisation for international carriage by rail on the accession of the european union to the convention concerning international carriage by rail (cotif) of 9 may 1980, as amended by the vilnius protocol of 3 june 1999 (oj l 51, 23.2.2013, p. 1). (2) directive (eu) 2016/797 of the european parliament and of the council of 11 may 2016 on the interoperability of the rail system within the european union (oj l 138, 26.5.2016, p. 44). (3) directive (eu) 2016/798 of the european parliament and of the council of 11 may 2016 on railway safety (oj l 138, 26.5.2016, p. 102). attachment 1. introduction the 13th session of the general assembly of the intergovernmental organisation convention for international carriage by rail (otif) will take place on 25 and 26 september 2018. the meeting documents are available on the website of otif at the following link: http://extranet.otif.org/en/?page_id=1071. 2. comments on agenda items agenda item 1 election of the chair and vice-chair document(s): none competence: union (shared) exercise of voting rights: member states position: none agenda item 2 adoption of the agenda document(s): sg-18028-ag 13/2.1; sg-18047-ag 13/2.2 competence: union (shared and exclusive), without prejudice to the competences of the member states in respect of agenda item 9 exercise of voting rights: union, without prejudice to the competences of the member states in respect of agenda item 9 position: in favour of the adoption of the agenda agenda item 3 formation of the credentials committee document(s): none competence: union (shared) exercise of voting rights: member states position: none agenda item 4 organisation of the work and designation of any committees considered necessary document(s): none competence: union (shared) exercise of voting rights: member states position: none agenda item 5 modification of the rules of procedure document(s): sg-18030-ag 13/5 competence: union (shared and exclusive) exercise of voting rights: union position: support the amendments to the rules of procedure of the general assembly. the proposed draft amendments to the rules of procedure of the general assembly of otif relate to the deadlines for submitting and dispatching documents, the participation of independent experts and clarification of the provisions relating to the exercising of rights by regional organisations. the current version of the rules of procedure predates the union's accession to the cotif convention; certain provisions need therefore to be updated, in particular the provisions establishing the quorum and governing the rights to vote of the union (articles 20 and 21), which have to be modified in order to comply with article 38 of the cotif convention and with the eu-otif agreement. the other modifications proposed aim to ensuring orderly proceedings of the general assembly on the basis of the best available international practice and otif's practice; they should also be supported. agenda item 6 election of a secretary-general for the period from 1 january 2019 to 31 december 2021 document(s): restricted distribution competence: union (shared) exercise of voting rights: member states position: none agenda item 7 membership of otif general situation document(s): sg-18032-ag 13/7 competence: union (shared) exercise of voting rights: not applicable position: none agenda item 8 cooperation with international organisations and associations document(s): sg-18048-ag 13/8 competence: union (shared and exclusive) exercise of voting rights: union position: oppose the proposal from the otif secretariat that the general assembly should authorise the administrative committee to establish and dissolve consultative contact groups with other international organisations and associations, and supervise the functioning of contact groups. propose that, in accordance with article 13 2 of the cotif convention, the general assembly decides to establish temporarily, i.e. for a period of four years, an ad hoc committee entrusted with the task to establish and dissolve consultative contact groups with other international organisations and associations, and supervise the functioning of contact groups. the union should be entitled to participate in the work of the ad hoc committee in accordance with 5(1) of the accession agreement. the activities of the committee should be guided by and in line with otif's work programme. the proposal from the otif secretariat consists in a decision of the general assembly authorising the administrative committee to be empowered to establish and dissolve consultative contact groups with other international organisations and associations, and to supervise the functioning of such groups. at this stage, the union shares the objective, namely to allow for a degree of flexibility in the matters concerned. however, it cannot accept the proposal as such, since it amounts to conferring a new task upon the administrative committee, beyond those set out in article 15 2 of the cotif convention, without formal amendment of the latter, operated in accordance with the applicable procedures. since the union shares the general objective, however, it suggests the general assembly to establish temporarily an ad hoc committee, in accordance with article 13 2 of the convention, with the task to establish and dissolve consultative contact groups with other international organisations and associations, and to supervise the functioning of such groups. in this respect, is important to bear in mind that such tasks have practical implications for the development of policies at otif level in all areas. it is thus necessary to guarantee that the union is fully involved in these activities, in accordance with article 5(1) of the accession agreement. a period of four years should be appropriate, so as to judge, prior to its expiration, whether the experience gained is satisfactory. in the affirmative, and following due preparation, an amendment of the convention could be envisaged for a structural solution, in compliance with the guarantees for the union established by article 5(1) of the accession agreement. agenda item 9 budget framework document(s): restricted distribution competence: member states exercise of voting rights: member states position: none pursuant to article 4 of the eu-otif agreement, the union shall not contribute to the budget of otif and shall not take part in decisions concerning that budget. agenda item 10 partial revision of the base convention: amendment of the procedure for revising cotif document(s): sg-18035-ag 13/10 competence: union (shared) exercise of voting rights: member states position: support the amendment to article 34 3 to 6 of the cotif convention and approve the modifications to the explanatory report. in line with the outcome of the discussion on this topic at the 26th session of the revision committee, it is necessary and appropriate to support the proposed amendment to the cotif convention, in order to provide for a fixed time period (36 months) for the entry into force of amendments to the appendices adopted by the general assembly, including the clause of flexibility to extend such a deadline on a case-by-case basis, where so decided by the general assembly by the majority provided for under article 14 6 of cotif convention. the proposal aims at improving and facilitating the procedure for revising the cotif convention with a view to the consistent and rapid implementation of amendments to the convention and its appendices, and in order to prevent adverse effects of the current lengthy revision procedure, including the risk of internal misalignment between amendments adopted by the revision committee and those adopted by the general assembly, as well as external misalignment, particularly with union law. agenda item 11 partial revision of the cim ur secretary general's report document(s): sg-18036-ag 13/11 competence: union (shared and exclusive) exercise of voting rights: union (in case a vote takes place) position: take note of the secretary general's report and instruct the secretary-general to submit to the 14th general assembly a report on the progress of work on customs issues and the digitalisation of freight transport documents and, if necessary, to submit proposals to amend the cim ur. agenda item 12 partial revision of the cui ur document(s): sg-18037-ag 13/12 competence: union (shared) exercise of voting rights: member states position: support the amendments to the title and articles 1, 3, 5 ( 1), 5 bis ( 1 and 2), 7 ( 2), 8, 9 ( 1) and 10 ( 3) of the cui ur, and approve the modifications to the explanatory report. support, for the purpose of the modifications to the cui ur, the amendments to articles 2 ( 1, letter a), no 3) and 6 ( 1, letter e)) of the cotif convention. in line with the amendments approved during the 26th session of the revision committee in february 2018, the proposed modifications aim essentially at clarifying the scope of the cui ur by introducing a definition in article 3 of international railway traffic to mean traffic which requires the use of an international train path or several successive national train paths situated in at least two states and coordinated by the infrastructure managers concerned, and by amending article 1 (scope) accordingly, while keeping the link with civ and cim ur. the objective is to ensure that the cui ur are more systemically applied for their intended purpose, i.e. in international railway traffic. the draft amendments are consistent with the definitions and provisions of the union acquis regarding the management of rail infrastructure and the coordination between infrastructure managers (e.g. articles 40, 43 and 46 of directive 2012/34/eu (recast)). as regards the draft amendment proposed to article 8 (liability of the manager), this is essentially editorial and does not affect the scope or substance of the provision. the draft amendments proposed to article 9 as well as to articles 3, 5, 5bis, 7 and 10 are strictly editorial. agenda item 13 partial revision of the atmf ur document(s): sg-18038-ag 13/13 competence: union (exclusive) exercise of voting rights: union position: support the partial revision of the atmf ur as proposed by the otif secretariat. a partial revision of the atmf ur was adopted at the 26th session of the revision committee for the reasons described in the following paragraph. this revision however also implied some minor changes of editorial or linguistic nature to articles 1, 3 and 9 of atmf ur, which are outside the competence of the revision committee. they should thus be adopted by the general assembly. the provisions of the atmf ur are compatible with the provisions of the european union's interoperability directive 2008/57/ec and with part of the safety directive 2009/49/ec. with the adoption of the fourth railway package, the union changed several provisions of this acquis. on the basis of an analysis by the commission, the otif secretariat and the relevant working group prepared modifications concerning articles 2, 3a, 5, 6, 7, 10, 10b, 11 and 13 of the atmf ur. these modifications are necessary in order to harmonise some terminology with the new eu provisions and to take into account some procedural changes in the eu, in particular the fact that the eu agency for railways will be competent to issue vehicle authorisations. the basic concept of atmf is not affected by the proposed changes. agenda item 14 new appendix h regarding the safe operation of trains in international traffic document(s): sg-18039-ag 13/14.1; sg-18040-ag 13/14.2 competence: union (exclusive) exercise of voting rights: union position: support (sg-18039-ag 13/14.1) the inclusion of a new appendix h to the cotif convention regarding the safe operation of trains in international traffic and approve the modifications to the explanatory report. support (sg-18040-ag 13/14.2), for the purpose of the inclusion of a new appendix h, the modifications to articles 2 ( 1), 6 ( 1), 20 ( 1 and 2), 33 ( 4 and 6) and 35 ( 4 and 6) of the cotif convention and approve the modifications to the explanatory report. the draft new appendix h sets out provisions to regulate the safe operation of trains in international traffic with the objective to harmonise the cotif convention with the union's acquis and support interoperability beyond the european union. the proposed text is in line with the provisions of the new safety directive (eu) 2016/798 and the related secondary legislation. as indicated, it is also necessary to modify certain provisions of the cotif convention for the purpose of the inclusion of this new appendix h. the proposed texts are submitted to the general assembly pursuant to a decision of the 26th session of the revision committee and are fully in line with the union position that was defined ahead of the revision committee. agenda item 15 general discussion regarding the need to harmonise access conditions document(s): sg-18041-ag 13/15 competence: union (exclusive) exercise of voting rights: union position: support the proposal from the otif secretariat to mandate the secretary-general to continue the work on the development of a non-binding legal framework on international railway network access conditions, in accordance with the guidelines set out section vi of document sg-18041-ag 13/15, within the framework of the working group of legal experts and in cooperation with competent international organisations and associations. the subject matter railway network access conditions is regulated at eu level by directive 2012/34/ec (recast) of the european parliament and of the council of 21 november 2012 establishing a single european railway area. in line with the discussion that took place on this topic during the 26th session of the revision committee in february 2018, it is appropriate to continue supporting the initiative on the development by otif of a non-binding legal framework on railway network access conditions, as a means to facilitate and improve international railway traffic beyond the eu. agenda item 16 unified railway law secretary general's report document(s): sg-18042-ag 13/16 competence: union (shared) exercise of voting rights: member states position: take note of the secretary general's report and instruct the secretary-general to continue cooperation with unece on the unified railway law initiative. mandate the administrative committee to follow up the unece initiative on unified railway law and issue its advisory opinion on general policy issues, where feasible, and mandate the working group of legal experts to follow up the unece initiative on unified railway law and issue its advisory opinion on legal matters, where feasible. instruct the secretary-general and the working group of legal experts, in consultation with the administrative committee, to consider and propose solutions for appropriate otif involvement in the management of binding legal instruments which could take over the draft legal regime on the contract of carriage of goods as developed within the framework of the unece initiative on unified railway law, and instruct the secretary-general to submit a report to the 14th general assembly. while a single international legal regime may provide benefits for rail transport across the eurasian continent in comparison to the two legal systems that exist at present, such a single regime could be developed only with the clear commitment and participation of osjd and otif and their members otherwise a third international legal regime will be developed and international railway regulation will be further fragmented. consequently, a prior political decision by the existing organisations to coordinate this aim is necessary before any comprehensive legal system can be put in place. it is therefore necessary and appropriate to ensure that otif continues to be involved in this process, notably through the activities of its administrative committee and its working group of legal experts, and reports on the progress of the work at unece at the next meeting of the general assembly. agenda item 17 working group of legal experts document(s): sg-18046-ag 13/17 competence: union (shared) exercise of voting rights: member states position: endorse the setting up of an advisory working group of legal experts to: prepare draft amendments or supplements to the convention; provide legal advice and assistance, promote and facilitate the functioning and implementation of the cotif convention, monitor and assess the application and implementation of the cotif convention, act as a forum for otif's members to raise and discuss relevant legal issues. mandate the secretary-general to submit conclusions and proposals made by the working group to the competent organs of otif for consideration and/or decision. instruct the secretary-general to submit a report on the working group's activities at the 14th meeting of the general assembly. in line with the outcome of the discussion on this topic at the 26th session of the revision committee in february 2018, it is appropriate to endorse the creation of a standing group of legal experts within otif to assist and facilitate the functioning of the existing organs in the legal field and to ensure the effective management of the cotif convention. agenda item 18 report on the activities of the administrative committee in the period between 1 october 2015 and 30 september 2018 document(s): restricted distribution competence: union (shared) exercise of voting rights: member states position: take note of the report agenda item 19 election of the administrative committee for the period between 1 october 2018 and 30 september 2021 (composition and chair) document(s): restricted distribution competence: union (shared) exercise of voting rights: member states position: none agenda item 20 provisional date of the 14th general assembly document(s): none competence: not applicable exercise of voting rights: not applicable position: none agenda item 21 any other business document(s): not available competence: not applicable exercise of voting rights: not applicable position: none agenda item 22 any general assembly mandates document(s): none competence: union (shared and exclusive) exercise of voting rights: union position: mandates in accordance with agenda item 8 agenda item 23 committee reports, if necessary document(s): not available competence: not applicable exercise of voting rights: not applicable position: none agenda item 24 adoption of decisions, mandates, recommendations and other general assembly documents (final document) document(s): not available competence: union (shared and exclusive) exercise of voting rights: union position: as specified under relevant agenda items.
name: council implementing decision (cfsp) 2018/1290 of 24 september 2018 implementing decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya type: decision_impl subject matter: africa; international affairs; european construction; international trade; civil law date published: 2018-09-25 25.9.2018 en official journal of the european union l 240/63 council implementing decision (cfsp) 2018/1290 of 24 september 2018 implementing decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya the council of the european union, having regard to the treaty on european union, and in particular article 31(2) thereof, having regard to council decision (cfsp) 2015/1333 of 31 july 2015 concerning restrictive measures in view of the situation in libya, and repealing decision 2011/137/cfsp (1), and in particular article 12(1) thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 31 july 2015 the council adopted decision (cfsp) 2015/1333. (2) on 17 september 2018 the united nations security council (unsc) committee established pursuant to unsc resolution 1970 (2011) amended the listings of five persons subject to restrictive measures. (3) annexes i and iii to decision (cfsp) 2015/1333 should therefore be amended accordingly, has adopted this decision: article 1 annexes i and iii to decision (cfsp) 2015/1333 are amended as set out in the annex to this decision. 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, 24 september 2018. for the council the president j. bogner-strauss (1) oj l 206, 1.8.2015, p. 34. annex (1) in annex i and annex iii to decision (cfsp) 2015/1333, entry 21 is replaced by the following: 21. name: 1: ermias 2: alem 3: na 4: na title: na designation: leader of a transnational trafficking network dob: approximately 1980 pob: eritrea good quality a.k.a.: ermias ghermay, guro low quality a.k.a.: a) ermies ghermay b) ermias ghirmay nationality: eritrea passport no: na national identification no: na address: (known address: tripoli, tarig sure no. 51, likely moved to sabratha in 2015.) listed on:7 june 2018other information: listed pursuant to paragraphs 15 and 17 of resolution 1970 (travel ban, asset freeze) listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015). additional information ermias alem is extensively documented by multiple reliable sources, including criminal investigations, identifying him as one of the most important sub-saharan actors involved in the illicit trafficking of migrants in libya. ermias alem is a leader of a transnational network responsible for trafficking and smuggling tens of thousands of migrants, mainly from the horn of africa to the coast of libya and onwards to destination countries in europe and the united states. he has armed men at his disposal, as well as warehouses and detention camps where serious human rights abuses are reportedly being committed against migrants. he works in close cooperation with libyan smuggling networks like that of mustafa, and he is considered their eastern supply chain . his network stretches from sudan to the coast of libya and to europe (italy, france, germany, the netherlands, sweden, the united kingdom) and the united states. alem controls private detention camps around the libyan northwest coast where migrants are detained, and where serious abuses against migrants have taken place. from these camps, migrants are transported to sabratha or zawiya. in recent years, alem has organised countless perilous journeys across the sea, exposing migrants (including numerous minors) to the risk of death. the court of palermo (italy) issued arrest warrants in 2015 against ermias alem in relation to the smuggling of thousands of migrants under inhumane circumstances, including the shipwrecking on 13 october 2013 near lampedusa in which 266 people died. (2) in annex i and annex iii to decision (cfsp) 2015/1333, entry 22 is replaced by the following: 22. name: 1: fitiwi 2: abdelrazak 3: na 4: na title: na designation: leader of a transnational trafficking network dob: approximately (30-35 years old) pob: massaua, eritrea good quality a.k.a.: abdurezak, abdelrazaq, abdulrazak, abdrazzak low quality a.k.a.: fitwi esmail abdelrazak nationality: eritrea passport no: na national identification no: na address: na listed on:7 june 2018other information: listed pursuant to paragraphs 15 and 17 of resolution 1970 (travel ban, asset freeze) listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015). additional information fitiwi abdelrazak is a leader of a transnational network responsible for trafficking and smuggling tens of thousands of migrants, mainly from the horn of africa to the coast of libya and onwards to destination countries in europe and the united states. fitiwi abdelrazak has been identified in open sources and in several criminal investigations as one of the top-level actors responsible for the exploitation and abuse of a large number of migrants in libya. abdelrazak has extensive contacts within libyan smuggling networks and has accumulated immense wealth through the illicit trafficking of migrants. he has armed men at his disposal, as well as warehouses and detention camps where serious human rights abuses are being committed. his network is composed of cells reaching from sudan, libya, italy and onwards to destination countries for migrants. migrants in his camps are also bought from other parties, such as other local detention facilities. from these camps, migrants are transported to the libyan coast. abdelrazak has organised countless perilous maritime journeys, exposing migrants (including minors) to the risk of death. abdelrazak is linked to at least two shipwrecks with fatal consequences between april 2014 and july 2014. (3) in annex i and annex iii to decision (cfsp) 2015/1333, entry 23 is replaced by the following: 23. name: 1: ahmad 2: oumar 3: imhamad 4: al-fitouri title: na designation: commander of the anas al-dabbashi militia, leader of a transnational trafficking network dob:7 may 1988pob: (possibly sabratha, talil neighbourhood) good quality a.k.a.: na low quality a.k.a.: a) al-dabachi b) al ammu c) the uncle d) al-ahwal e) al dabbashi nationality: libya passport no: na national identification no: na address: a) garabulli, libya b) zawiya, libya listed on:7 june 2018other information: listed pursuant to paragraphs 15 and 17 of resolution 1970 (travel ban, asset freeze) listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015). interpol-un security council special notice web link: https://www.interpol.int/en/notice/search/un/ additional information ahmad imhamad is the commander of the anas al-dabbashi militia, formerly operating in the coastal area between sabratha and melita. imhamad is a significant leader in illicit activities related to the trafficking of migrants. the al-dabbashi clan and militia also cultivate relationships with terrorist and violent extremist groups. imhamad is currently active around zawiya, after violent clashes broke out with other militia and rivalling smuggling organisations around the coastal area in october 2017, resulting in over 30 deaths including civilians. in response to his ouster, ahmad imhamad on 4 december 2017 publicly vowed to return to sabratha with weapons and force. there is extensive evidence that imhamad's militia has been directly involved in the illicit trafficking and smuggling of migrants, and that his militia controls departure areas for migrants, camps, safe houses and boats. there is information that supports the conclusion that imhamad has exposed migrants (including minors) to brutal conditions and sometimes fatal circumstances on land and at sea. after violent clashes between imhamad's militia and other militia in sabratha, thousands of migrants were found (many in serious condition), most of them held in centres of the martyrs anas al-dabbashi brigade and al-ghul militia. the al-dabbashi clan, and the connected anas al-dabbashi militia, have long-standing links with islamic state in the levante (isil) and its affiliates. several isil operatives have been in their ranks, including abdallah al-dabbashi, the isil caliph of sabratha. imhamad was also allegedly involved in orchestrating the murder of sami khalifa al-gharabli, who was appointed by the sabratha municipal council to counter migrant smuggling operations in july 2017. imhamad's activities largely contribute to the mounting violence and insecurity in western libya and threaten peace and stability in libya and neighbouring countries. (4) in annex i and annex iii to decision (cfsp) 2015/1333, entry 24 is replaced by the following: 24. name: 1: mus'ab 2: mustafa 3: abu al quassim 4: omar title: na designation: leader of a transnational trafficking network dob:19 jan. 1983pob: sabratha, libya good quality a.k.a.: mus'ab abu qarin low quality a.k.a.: a) abu-al qassim omar musab boukrin b) the doctor c) al-grein nationality: libya passport no: a) 782633, issued on 31 may 2005b) 540794, issued on 12 jan. 2008national identification no: na address: na listed on:7 june 2018other information: listed pursuant to paragraphs 15 and 17 of resolution 1970 (travel ban, asset freeze) listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015). interpol-un security council special notice web link: https://www.interpol.int/en/notice/search/un/ additional information mus'ab mustafa is seen as a central actor in human trafficking and migrant smuggling activities in the area of sabratha, but also works from zawiya and garibulli. his transnational network covers libya, european destinations, sub-saharan countries for the recruitment of migrants and arab countries for the financial sector. reliable sources have documented his collusion in human trafficking and smuggling with ermias alem, who takes care of the eastern supply chain on behalf of mustafa. there is evidence that mustafa has cultivated relationships with other actors in the trafficking business, notably mohammed al-hadiadahh (cousin and head of the al-nasr brigade, also proposed for listing) in zawiya. a former accomplice of mustafa, who is now cooperating with the libyan authorities, claims that mustafa organised journeys over sea for 45 000 people in 2015 alone, exposing migrants (including minors) to the risk of death. mustafa is the organiser of a journey on 18 april 2015 ending in a shipwrecking in the sicilian canal that caused the death of 800 people. evidence, including from the un panel of experts, documents that he is responsible for the detention of migrants under brutal conditions, including in tripoli near the al-wadi area and seaside resorts near sabratha where migrants are held. mustafa is reported to have been close to the al-dabbashi clan in sabratha, until a conflict broke out over a protection tax . sources have reported that mustafa has paid persons close to violent extremists in the sabratha area, in exchange for the approval to smuggle migrants on behalf of violent extremist circles, that financially benefit from the exploitation of illegal immigration. mustafa is connected to a network of smugglers composed of salafi armed groups in tripoli, sebha and kufra. (5) in annex i and annex iii to decision (cfsp) 2015/1333, entry 25 is replaced by the following: 25. name: 1: mohammed 2: al-hadi 3: al-arabi 4: kashlaf title: na designation: commander of the shuhada al-nasr brigade, head of the petrol refinery guard of zawiya's refinery dob:15 november 1988pob: zawiya, libya good quality a.k.a.: na low quality a.k.a.: a) kashlaf b) koshlaf c) keslaf d) al-qasab nationality: libya passport no: hr8chgp8; date of issue: 27 april 2015; place of issue: zawiyah national identification no: a) 119880210419 b) personal identification card no: 728498; date of issue: 24 february 2007 address: zawiya, libya listed on:7 june 2018other information: listed pursuant to paragraphs 15 and 17 of resolution 1970 (travel ban, asset freeze) listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015). additional information mohammed al-hadi is the head of the shuhada al nasr brigade in zawiya, western libya. his militia controls the zawiya refinery, a central hub of migrant smuggling operations. al-hadi also controls detention centres, including the nasr detention centre nominally under the control of the dcim. as documented in various sources, the network of al-hadi is one of the most dominant in the field of migrant smuggling and the exploitation of migrants in libya. al-hadi has extensive links with the head of the local unit of the coast guard of zawiya, al-rahman al-milad, whose unit intercepts boats with migrants, often of rivalling migrant smuggling networks. migrants are then brought to detention facilities under the control of the al nasr militia, where they are reportedly held in critical conditions. the panel of experts for libya collected evidence of migrants that were frequently beaten, while others, notably women from sub-saharan countries and morocco, were sold on the local market as sex slaves . the panel has also found that al-hadi collaborates with other armed groups and has been involved in repeated violent clashes in 2016 and 2017. (6) in annex i and annex iii to decision (cfsp) 2015/1333, entry 26 is replaced by the following: 26. name: 1: abd 2: al-rahman 3: al-milad 4: na title: na designation: commander of the coast guard in zawiya dob: approximately (29 years old) pob: tripoli, libya good quality a.k.a.: na low quality a.k.a.: a) rahman salim milad b) al-bija nationality: libya passport no: na national identification no: na address: zawiya, libya listed on:7 june 2018other information: listed pursuant to paragraphs 15 and 17 of resolution 1970 (travel ban, asset freeze) listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015). additional information abd al rahman al-milad heads the regional unit of the coast guard in zawiya that is consistently linked with violence against migrants and other human smugglers. the un panel of experts claims that milad, and other coastguard members, are directly involved in the sinking of migrant boats using firearms. al-milad collaborates with other migrant smugglers such as mohammed al-hadi (also proposed for listing) who, sources suggest, is providing protection to him to carry out illicit operations related to the trafficking and smuggling of migrants. several witnesses in criminal investigations have stated they were picked up at sea by armed men on a coast guard ship called tallil (used by al-milad) and taken to the al-nasr detention centre, where they are reportedly held in brutal conditions and subjected to beatings.
name: commission implementing decision (eu) 2018/1280 of 21 september 2018 concerning certain protective measures relating to african swine fever in bulgaria (notified under document c(2018) 6253) (text with eea relevance.) type: decision_impl subject matter: means of agricultural production; regions of eu member states; international trade; agricultural policy; agricultural activity; europe date published: 2018-09-24 24.9.2018 en official journal of the european union l 239/14 commission implementing decision (eu) 2018/1280 of 21 september 2018 concerning certain protective measures relating to african swine fever in bulgaria (notified under document c(2018) 6253) (only the bulgarian text is authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(4) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(4) thereof, whereas: (1) african swine fever is an infectious viral disease affecting domestic and feral pig populations and can have a severe impact on the profitability of pig farming causing disturbance to trade within the union and exports to third countries. (2) in the event of an outbreak of african swine fever, there is a risk that the disease agent might spread to other pig holdings and to feral pigs. as a result, it may spread from one member state to another member state and to third countries through trade in live pigs or their products. (3) council directive 2002/60/ec (3) lays down minimum measures to be applied within the union for the control of african swine fever. article 9 of directive 2002/60/ec provides for the establishment of protection and surveillance zones in the event of outbreaks of that disease, where the measures laid down in articles 10 and 11 of that directive are to apply. (4) bulgaria has informed the commission of the current african swine fever situation in the province of varna, and in accordance with article 9 of directive 2002/60/ec, it has established protection and surveillance zones where the measures referred to in articles 10 and 11 of that directive are applied. (5) commission implementing decision (eu) 2018/1216 (4) was adopted following the establishment of protection and surveillance zones in bulgaria, in accordance with article 9 of directive 2002/60/ec, following outbreaks of african swine fever in that member state. (6) since the date of adoption of implementing decision (eu) 2018/1216, the epidemiological situation in bulgaria has remained stable with respect to african swine fever, the bulgarian authorities have implemented the required control measures and have collected additional surveillance data. (7) in order to prevent any unnecessary disturbance to trade within the union and to avoid unjustified barriers to trade by third countries, it is necessary to describe at union level the revised areas established as protection and surveillance zones for african swine fever in bulgaria in collaboration with that member state. these areas provide for a reduced surveillance zone in line with the current epidemiological scenario. (8) accordingly, the areas identified as protection and surveillance zones in bulgaria should be set out in the annex to this decision and the duration of that regionalisation fixed. (9) in addition, implementing decision (eu) 2018/1216 should be repealed and replaced by this decision to take account of the updated disease management measures in place and the evolution in the disease situation in bulgaria as regards african swine fever. (10) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 bulgaria shall ensure that the protection and surveillance zones established in accordance with article 9 of directive 2002/60/ec comprise at least the areas listed as the protection and surveillance zones in the annex to this decision. article 2 implementing decision (eu) 2018/1216 is repealed. article 3 this decision shall apply until 30 october 2018. article 4 this decision is addressed to the republic of bulgaria. done at brussels, 21 september 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) council directive 2002/60/ec of 27 june 2002 laying down specific provisions for the control of african swine fever and amending directive 92/119/eec as regards teschen disease and african swine fever (oj l 192, 20.7.2002, p. 27). (4) commission implementing decision (eu) 2018/1216 of 4 september 2018 concerning certain interim protective measures relating to african swine fever in bulgaria (oj l 224, 5.9.2018, p. 10). annex bulgaria areas as referred to in article 1 date applicable until protection zone the following villages of varna region: municipality of provadia tutrakantsi bozveliysko provadiya dobrina manastir zhitnitsa barzitsa chayka royak blaskovo kiten hrabrovo ovcharga krivnya municipality of avren tsarevtsi municipality of dolni chiflik nova shipka municipality of dalgopol velichkovo tsonevo sava dalgopol 30 october 2018 surveillance zone municipality of provadia petrov dol staroseletc zlatina venchan ravna cherkovna nenovo snejina gradinarovo chernook slaveikovo municipality of vetrino gabarnitsa municipality of devnya devnya padina municipality of avren trastikovo sindel kazashka reka yunak dabravino avren municipality of beloslav razdelna municipality of dolni chiflik grozdyovo goren chiflik venelin municipality of dalgopol debelets krasimir boryana kamen dyal partizani asparuhovo komunari sladka voda 30 october 2018
name: commission implementing decision (eu) 2018/1281 of 21 september 2018 concerning certain protective measures relating to african swine fever in belgium (notified under document c(2018) 6255) (text with eea relevance.) type: decision_impl subject matter: international trade; regions of eu member states; means of agricultural production; europe; agricultural activity; agricultural policy date published: 2018-09-24 24.9.2018 en official journal of the european union l 239/18 commission implementing decision (eu) 2018/1281 of 21 september 2018 concerning certain protective measures relating to african swine fever in belgium (notified under document c(2018) 6255) (only the dutch and french texts are authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(4) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(4) thereof, whereas: (1) african swine fever is an infectious viral disease affecting domestic and feral pig populations and can have a severe impact on the profitability of pig farming causing disturbance to trade within the union and exports to third countries. (2) in the event of a case of african swine fever in feral pigs, there is a risk that the disease agent may spread to other feral pig populations and to pig holdings. as a result, it may spread from one member state to another member state and to third countries through trade in live pigs or their products. (3) council directive 2002/60/ec (3) lays down minimum measures to be applied within the union for the control of african swine fever. in particular, article 15 of directive 2002/60/ec provides for certain measures to be taken following the confirmation of one or more cases of african swine fever in feral pigs. (4) belgium has informed the commission of the up-to-date african swine fever situation in the feral pig population in the ardennes region of that member state, and in accordance with article 15 of directive 2002/60/ec, it has established an infected area where the measures referred to in article 15 of that directive are applied. (5) commission implementing decision (eu) 2018/1242 (4) was adopted in response this situation. (6) in order to prevent any unnecessary disturbance to trade within the union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to identify at union level the infected area for african swine fever in belgium in collaboration with that member state. (7) accordingly, the infected area in belgium should be listed in the annex to this decision and the duration of that regionalisation fixed. this decision should repeal and replace implementing decision (eu) 2018/1242. (8) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 belgium shall ensure that the infected area established by belgium, where the measures provided for in article 15 of directive 2002/60/ec apply, comprises at least the areas listed in the annex to this decision. article 2 implementing decision (eu) 2018/1242 is repealed. article 3 this decision shall apply until 30 november 2018. article 4 this decision is addressed to the kingdom of belgium. done at brussels, 21 september 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) council directive 2002/60/ec of 27 june 2002 laying down specific provisions for the control of african swine fever and amending directive 92/119/eec as regards teschen disease and african swine fever (oj l 192, 20.7.2002, p. 27). (4) commission implementing decision (eu) 2018/1242 of 14 september 2018 concerning certain interim protective measures relating to african swine fever in belgium (oj l 231 i, 14.9.2018, p. 1). annex areas established as the infected area in belgium as referred to in article 1 date until applicable the infected area is delimited clockwise by: the border with france the n85 the n83 the n891 rue du pont neuf rue du lieutenant de cr py pont charreau rue de chiny rue de marbehan rue de la civanne rue du moreau the n879: grand-rue the n897 rue des angli res rue du pont de virton rue maurice gr visse rue du 24 ao t the e411/e25 the border with the grand duchy of luxembourg 30 november 2018
name: commission decision (eu) 2018/1276 of 22 february 2018 on sa.31149 (2012/c) germany alleged state aid to ryanair (notified under document c(2018) 1034) (text with eea relevance.) type: decision subject matter: europe; air and space transport; regions of eu member states; economic policy; competition date published: 2018-09-21 21.9.2018 en official journal of the european union l 238/94 commission decision (eu) 2018/1276 of 22 february 2018 on sa.31149 (2012/c) germany alleged state aid to ryanair (notified under document c(2018) 1034) (only the german text is authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 108(2) thereof, having regard to the agreement on the european economic area, and in particular article 62(1)(a) thereof, having called on interested parties to submit their comments pursuant to the provisions cited above (1) and having regard to their comments, whereas: 1. procedure (1) by letter dated 10 july 2007 (the 2007 opening decision), the commission informed germany of its decision to initiate the procedure provided for in article 108(2) of the treaty with regard to the financing of l beck airport, the financial relations between hansestadt l beck and infratil limited (infratil), and the airport's financial relations with the airline ryanair. the formal investigation procedure was registered under the case number sa.21877 (c 24/2007). a corrigendum of the 2007 opening decision was adopted on 24 october 2007. (2) the 2007 opening decision was published in the official journal of the european union on 29 november 2007 (2). the corrigendum was published on 7 december 2007 (3). the commission invited interested parties to submit their comments on the measures in question within one month of the publication date. (3) on 28 january 2009, schutzgemeinschaft gegen flugl rm l beck und umgebung ev (sgf) (4) sent a complaint regarding case sa.21877, registered under the case number sa.27585. (4) on 22 june 2010 and 30 june 2010, sgf submitted a further complaint, alleging that further unlawful state aid had been granted by germany in favour of flughafen l beck gmbh (flg) and infratil. this complaint was registered under the case number sa.31149. (5) by letter dated 22 february 2012 (the 2012 opening decision), the commission informed germany of its decision to initiate the procedure provided for in article 108(2) of the treaty with regard to alleged state aid to flg, infratil, ryanair, and other airlines using l beck airport (5). (6) the 2012 opening decision was published in the official journal of the european union on 10 august 2012 (6). the commission invited interested parties to submit their comments on the measures in question within one month of the publication date. (7) the commission joined the procedures sa.21877, sa.27585 and sa.31149 in 2014. (8) on 7 february 2017, the commission adopted a final decision in cases sa.21877 and sa.27585, as well as in case sa.31149 (7). as to the potential state aid in favour of ryanair, that commission decision only assessed an agreement concluded between the airport operator and ryanair in 2000. it indicated that, at the date of the decision, the commission did not have sufficient information in its file to assess whether later agreements, in particular those concluded in 2010, constituted state aid in favour of ryanair. those agreements therefore would be assessed in a separate decision (8). (9) a request for information concerning two side letters concluded between flg and ryanair in 2010 and an oxera report of 6 february 2015 (9) was sent to germany on 27 july 2017. germany requested an extension of the deadline to reply which the commission granted on 2 august 2017. the requested information was provided on 20 september 2017. (10) on 22 september 2017, a request for information was sent to ryanair and forwarded to germany. subsequently, information was submitted by ryanair and oxera on 6 october 2017. on 24 october 2017, the commission forwarded the documents received from ryanair to germany, inviting germany to comment. (11) the commission refers to recitals 1 to 61 of decision (eu) 2017/2336 as regards the procedure in cases sa.21877, sa.27585 and sa.31149. 2. detailed description of the measures 2.1. background of the investigation and context of the measures 2.1.1. airport facts and passenger development (12) l beck airport is situated approximately 73 kilometres from the city of hamburg, in schleswig-holstein, germany. (13) the airport itself defines its catchment area as the metropolitan areas of the city of hamburg and resund (greater copenhagen/malm ). (14) according to a market study carried out by the airport in 2009 (10), the majority of the (outbound) passengers at l beck airport came from hamburg (namely 47,20 %). hamburg airport is located 78 kilometres from l beck airport, about 65 minutes travelling time by car. (15) until 2000, l beck was an airport depending on aviation revenues generated by charter flights and general aviation. in 2000, the airport changed its business model to an airport for low-cost carriers where revenues are generated through a combination of aviation and non-aviation activities. from that date, the vast majority of the flights at l beck airport were undertaken by ryanair which operated about 90 % of the traffic in 2010. (16) l beck airport was originally operated by flg, which was a limited liability company, with hansestadt l beck as its sole shareholder. it was first privatised in 2005 but then bought back by hansestadt l beck in 2009. a public vote of the citizens of hansestadt l beck ensured the survival of the airport in april 2010, approving further investments for the airport until a new private investor would enter the company. a new private investor was found in 2012. the ownership of the airport has changed several times in recent years. (17) the passenger traffic at the airport increased from 48 652 passengers in 1999 to 697 559 passengers in 2009. it gradually declined afterwards contrary to the expectations of the airport, which had expected passenger numbers to increase to 2,2 million by 2015. (18) at the date of this decision, no airline is operating from l beck airport. neither scheduled nor charter flights are on offer. 2.1.2. the 2000 agreement (19) flg signed an air services agreement (asa) with ryanair in may 2000 (the 2000 agreement) that specified the airport charges payable by ryanair as well as the marketing support payable by the airport. the 2000 agreement was scheduled to start on 1 june 2000 and to continue until 31 may 2010. (20) for the route to stansted, the agreement included the following costs and revenues: table 1 costs and revenues involved in the 2000 agreement from flg's perspective < 18 turnarounds per week 18 turnarounds per week flg costs: marketing support costs per arriving passenger eur [ ] (*1) eur [ ] until 31 may 2005 from 1 june 2005 flg income: ryanair payable fees per plane eur [ ] eur [ ] ryanair payable fees per arriving passenger eur [ ] eur [ ] ryanair net payable fees per arriving passenger (fees minus marketing support) eur [ ] eur [ ] other: fee on turnover per ticket sold by flg [ ] [ ] commission on turnover rental car booked by flg [ ] [ ] security fee (paid by ryanair to appropriate government body) eur [ ] eur [ ] 2.2. potential state aid granted by the airport operator flg to ryanair (21) in march and october 2010, ryanair and flg signed two side letters to the 2000 agreement mentioned above (collectively, the 2010 agreements or the 2010 side letters). (22) the first side letter signed on 29 march 2010 (side letter no 1) covered the period from 28 march 2010 until 30 october 2010. it constitutes a prolongation of the 2000 agreement, which would have ended in may 2010, and introduced a new marketing fee of eur [ ] per passenger to be paid by flg in return for a temporary marketing event organised by ryanair. this new marketing fee had to be paid in addition to the marketing fee specified in the 2000 agreement of eur [ ] per passenger (below 18 turnarounds per week) or eur [ ] per passenger (above 18 turnarounds per week). since more than 18 turnarounds per week were carried out by ryanair, a total of eur [ ] was to be paid by flg to ryanair for the duration of the agreement. as all other conditions from the 2000 agreement were maintained, passenger service fees per departing passenger to be paid to flg amounted to eur [ ] and ramp handling charges per turnaround amounted to eur [ ]. (23) on 31 october 2010, after the end of the contract period of side letter no 1, a second side letter was signed (side letter no 2). side letter no 2 did not maintain the conditions of side letter no 1, but returned to the schedule of marketing payments as stated in the 2000 agreement, extending its terms for three years until 1 november 2013. (24) on the day that side letter no 1 was entered into, namely on 29 march 2010, flg also signed a marketing services agreement with airport marketing services limited (ams), a fully-owned subsidiary of ryanair. that marketing services agreement covered the period from 29 march 2010 to 30 october 2010 and set out the advertising services to be provided by ams on the website www.ryanair.com, in return for a sum of eur [ ] to be paid by flg. 2.3. scope of the investigation (25) the 2000 agreement between flg and ryanair was part of decision (eu) 2017/2336. therefore, this decision is limited to side letter no 1 and side letter no 2 concluded in 2010. 2.4. grounds for initiating the procedure (26) the commission was concerned that the 2010 agreements conferred a selective advantage to ryanair and therefore constituted state aid within the meaning of article 107 of the treaty. 3. comments from germany (27) germany took the view that the 2010 agreements did not distort or threaten to distort competition and did not affect trade between member states, since l beck airport was a small regional airport and since it was not in competition with hamburg airport and other airports. (28) as regards side letter no 1, germany submitted that it was in line with market conditions and did not entail an advantage for ryanair. germany argued with reference to the helaba i case (11), that there was no advantage when other operators of regional airports offered ryanair similar conditions. germany further argued that this was proven by ryanair's comparator analysis. (29) germany argued that low-cost carriers, such as ryanair and wizz air, have fewer demands with regards to ground handling services and infrastructure services. firstly, at l beck airport fewer check-in counters were needed because check-in with ryanair is available to passengers online. secondly, there were no passenger buses. thirdly, since walking distances are shorter at l beck airport, the time for ryanair airplanes on the ground was shorter. fourthly, there were no transfer flights and fewer pieces of luggage per person, which meant that there did not have to be facilities for such purposes. fifthly and finally, since the flight crew often took charge of cleaning in the airplane, there was less demand for ground cleaning services. (30) as regards side letter no 2, germany pointed out that this agreement was an extension, without substantial changes, of the 2000 agreement. germany took the view that the 2000 agreement complied with the market economy operator test. (31) furthermore, germany is of the opinion that the alleged advantages in favour of ryanair could not be imputed to the state based on the ruling in stardust marine (12). according to germany, flg acted with autonomy and without any exertion of influence by the state. germany stated that flg was not integrated into the structures of the public administration. in addition, germany stated that the supervision by the public authorities of the management of flg was limited to aviation and public remit matters and did not include business management activities. 4. comments from interested parties 4.1. flughafen l beck gmbh (32) flg stated that the measures were not imputable to germany, since the agreements were negotiated by it autonomously. 4.2. ryanair (33) ryanair argued that the 2010 agreements were not imputable to the state. (34) furthermore, ryanair argued that there was no selectivity, since the 2010 agreements were merely short side letters extending the duration of the existing arrangements under the 2000 agreement. the only new element was a commercially negotiated adjustment to the marketing support. (35) ryanair stated that the contract with flg was entered into on the basis of economic considerations. l beck airport was seen as a viable secondary airport to hamburg airport and l beck itself was regarded as a valuable cultural destination. even though ryanair could not offer a business plan to substantiate its decision to start services at l beck airport, ryanair emphasised that such a business plan was not generally required for a private sector investor. ryanair explained that its services from l beck airport were discontinued because of commercial considerations, including cost increases and a yield lower than anticipated (as a consequence of economic recession). (36) ryanair stated that regional airports in the union are in a difficult market position. therefore, airport revenues from both aeronautical and non-aeronautical activities had to be taken into consideration, which is referred to as the single-till approach. since contracts with ryanair typically promise a large number of passengers, such business relations often help to raise the airport's recognisability and to attract other airlines as well as retail outlets and other service providers. in addition, ryanair stated that there was strong evidence that the increased number of passengers would lead to a rise in non-aeronautical revenues. (37) ryanair argued that, from a market economy operator viewpoint, any commercial offer would normally be an improvement over the existing situation, as long as it expected marginal benefits to exceed its marginal costs. furthermore, ryanair argued that it had to be considered that ryanair has significantly reduced needs compared to other airlines given its business model and operational efficiency. (38) ryanair conducted a comparison between airports of comparable size and situation as l beck airport. comparator airports are bournemouth airport, grenoble airport, knock airport, maastricht airport, n mes airport and prestwick airport. a comparison of charges paid by ryanair at the comparator airports showed that costs paid by ryanair at l beck airport were higher in general than the average level at the comparator airports on both a per-passenger and a per-turnaround basis. (39) ryanair submitted two oxera reports evaluating the expected profitability of the 2010 side letters (13). both reports were based on a business plan, drawn up by l beck airport in 2010 prior to signing the 2010 side letters. the reports indicate that, under reasonable assumptions at the time when the 2010 side letters were signed, the agreements were both expected to be sufficiently profitable and an airport behaving in the manner of a market economy operator would have been likely to offer similar terms. according to oxera, this would even be the case if the marketing services agreement with ams were to be considered jointly with the 2010 side letters and the costs but not the ams-related revenues were included. (40) with regards to the marketing services agreement with ams, ryanair argued that such agreements are mutually beneficial due to the popularity of ryanair's website and the consequent increases in international recognition, brand building and passengers, which was substantiated by another oxera report of 26 september 2014. 4.3. air berlin (41) air berlin stated that the routes offered by ryanair from l beck airport were in direct competition with those offered by air berlin at hamburg airport. in particular, the destinations of london, milan and barcelona were concerned, since both airlines had them in their portfolio. (42) air berlin argued that the purpose of ryanair's marketing strategy was to poach potential clients of, amongst others, air berlin. due to the low prices of ryanair, customers moved from hamburg to l beck airport. air berlin claims that as a result of the state aid, air berlin suffered substantial economic losses. air berlin had to discontinue some of its flights due to the parallel offer by ryanair at l beck airport. in addition, air berlin stated that it found it difficult to open new destinations from hamburg airport as long as similar destinations were offered by ryanair from l beck airport at excessively low prices. (43) additionally, air berlin stated that the agreement with ryanair was imputable to germany. according to the articles of association of flg, the supervisory board had to give its approval for charges resulting from the use of the airport (paragraph 12 of the articles of association). four of the six members of the supervisory board were elected by hansestadt l beck. therefore, air berlin concluded that hansestadt l beck could be held responsible. (44) according to air berlin, a further point of concern was the marketing services agreement between ams and flg, since the benefits from marketing support appear to be unrelated to the actual marketing expenditures incurred by ryanair. 5. comments of germany on third parties' submissions 5.1. comments on ryanair's submissions (45) according to germany, ryanair's submissions reveal that airport l beck acted in accordance with the market economy operator principle. (46) germany particularly highlights the usefulness of ryanair's approach of proving the market conformity of the agreements through a profitability analysis and a comparator analysis. (47) according to germany, the 2010 side letters were not imputable to the state since they were autonomously negotiated and entered into by flg, without interference of hansestadt l beck. furthermore, with regard to side letter no 2, germany pointed out that it merely constituted an extension of the 2000 agreement, without containing any material change. therefore, all arguments put forward in relation to the 2000 agreement were relevant. (48) germany stated that it does not understand why the marketing services agreement between flg and ams was included in the state aid investigation, since flg did not spend any public funds in the framework of this agreement. the costs laid down in the marketing services agreement with ams were covered by private sources, as the money came from the industrie- und handelskammer l beck, a representation of private companies in l beck. moreover, germany commented that the marketing services agreement with ams could be regarded as conforming to market standards. this is supported by the observation that flg was charged with lower costs than other airports with a similar agreement. what is more, the marketing agreement in question was based on the promise of ryanair to expand its flight portfolio by two destinations. (49) another point added by germany is the function of l beck airport as a back-up airport for hamburg airport and as a necessary transport infrastructure for northern germany. 5.2. comments on air berlin's submissions (50) according to germany, air berlin would have been granted the same advantages as ryanair if it had fulfilled the same criteria concerning passenger numbers and flight frequency. instead, air berlin refused any offer for negotiations with flg, since it never intended to take up services at l beck airport. air berlin never objected to the conditions under which ryanair operated at hamburg airport. in addition, several airlines had complained (amongst others to the commission) that air berlin had been benefitting from substantial state aid by the united arabic emirates. therefore, it cannot present itself as a victim vis- -vis its main competitor ryanair. (51) germany disagreed with air berlin's comments concerning the existence of competition between l beck airport and hamburg airport. in particular, germany referred to the fact that hamburg had 70 times as many passengers as l beck airport in 2000. the absence of complaints by other airports showed that there was no competition between the two airports. (52) furthermore, germany rejected air berlin's argument that there was an economic advantage for ryanair. germany stated that air berlin used inaccurate calculations and that the only test relevant for assessing whether an airport-airline agreement was market conform was the market economy operator principle. 6. assessment of the measures (53) article 107(1) of the treaty provides that any aid granted by a member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between member states, be incompatible with the internal market. (54) the criteria laid down in article 107(1) of the treaty are cumulative. therefore, in order to determine whether a measure constitutes state aid, the following conditions have to be fulfilled: the beneficiary is an undertaking, the measure confers an advantage, the advantage is granted through state resources, the advantage is selective, and the measure distorts or threatens to distort competition and is liable to affect trade between member states. 6.1. economic activity and notion of undertaking (55) the concept of an undertaking covers any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed. any activity consisting in offering goods or services on a given market is an economic activity. (56) since ryanair is a private company that provides air transport services for remuneration with the aim of making profits, ryanair is an undertaking that is engaged in an economic activity. it is therefore an undertaking within the meaning of article 107(1) of the treaty. 6.2. economic advantage (57) an advantage within the meaning of article 107(1) of the treaty is any economic benefit which an undertaking could not have obtained under normal market conditions, that is to say in the absence of state intervention (14). (58) where an airport has public resources at its disposal, aid to an airline can, in principle, be excluded where the relationship between the airport and the airline is carried out in line with normal market conditions. this so-called market economy operator test (meo test) follows the basic concept that the behaviour of public authorities should be compared to that of similar private economic operators under normal market conditions to determine whether an agreement grants an advantage to its counterpart (15). 6.2.1. preliminary remarks with regard to the meo test (59) in accordance with point 53 of the 2014 aviation guidelines (16), the existence of aid to an airline using a particular airport can, in principle, be excluded if the price charged for the airport services corresponds to the market price (first approach comparison with the market price). a second approach is to demonstrate through an ex ante analysis that is to say, an analysis founded on information available when the aid is granted and on developments foreseeable at the time that the arrangement will lead to a positive incremental profit contribution for the airport and is part of an overall strategy leading to profitability at least in the long term (second apporach ex ante profitability analysis) (17). (60) as regards the first approach, the commission does not consider that, at the present time, an appropriate benchmark can be identified to establish a true market price for services provided by airports (18). it therefore considers an ex ante incremental profitability analysis to be the most relevant approach for the assessment of arrangements concluded by airports with individual airlines. (61) it should be noted that, in general, the application of the meo principle based on an average price on other similar markets may prove helpful if such a price can be reasonably identified or deduced from other market indicators. however, this method is of limited relevance for airport services, as the structure of costs and revenues tends to differ greatly from one airport to another. this is because costs and revenues depend on how developed an airport is, the number of airlines which use the airport, its capacity in terms of passenger traffic, the state of the infrastructure and related investments, the regulatory framework which can vary from one member state to another, and any debts or obligations entered into by the airport in the past (19). (62) moreover, the liberalisation of the air transport market complicates any purely comparative analysis. as can be seen in this case, commercial practices between airports and airlines are not always based exclusively on a published schedule of charges. rather, these commercial relations vary to a great extent. they include sharing risks with regard to passenger traffic and any related commercial and financial liability, standard incentive schemes and changing the spread of risks over the term of agreements. consequently, one transaction cannot really be compared with another based on a turnaround price or price per passenger. (63) in addition, benchmarking is not an appropriate method to establish market prices if the available benchmarks have not been defined with regard to market considerations or the existing prices are significantly distorted by public interventions. such distortions appear to be present in the aviation industry, for reasons explained in points 57 to 59 of the 2014 aviation guidelines: publicly owned airports have traditionally been considered by public authorities as infrastructures for facilitating local development and not as undertakings operating in accordance with market rules. those airports' prices consequently tend not to be determined with regard to market considerations and in particular sound ex ante profitability prospects, but essentially having regard to social or regional considerations. even if some airports are privately owned or managed without social or regional considerations, the prices charged by those airports can be strongly influenced by the prices charged by the majority of publicly subsidised airports as the latter prices are taken into account by airlines during their negotiations with the privately owned or managed airports. in those circumstances, the commission has strong doubts that at the present time, an appropriate benchmark can be identified to establish a true market price for services provided by airports. this situation may change or evolve in the future [ ]. (64) moreover, as the union courts have recalled, benchmarking by reference to the sector concerned is merely one analytical tool amongst others to determine if a beneficiary has received an economic advantage which it would not have obtained in normal market conditions (20). as such, while the commission may use that approach, it is not obliged to do so where, as in this case, it would be inappropriate. (65) ryanair essentially argued that the meo test can be applied based on a comparison with the commercial arrangements of other european airports. in particular, it compared charges paid by ryanair at bournemouth, grenoble, knock, maastricht, n mes and prestwick airports with the charges paid by ryanair under the agreements at l beck airport. however, this comparison study did not assess whether the sample of benchmark airports fulfilled all the criteria spelled out in the 2014 aviation guidelines, as it only assessed traffic volumes, type of airport traffic and prosperity of the surrounding area (21). (66) in recital 296 of its 2012 opening decision, the commission compared the charges laid down in the 2010 side letters with the charges at hamburg airport, which led to doubts as to the market conformity of the charges laid down in the 2010 side letters. the commission notes that traffic volume in l beck was much lower than in hamburg airport. in fact, hamburg was the airport with the most traffic in northern germany. hamburg was used for all segments of air transport, whereas l beck was specialised in low-cost carriers which required fewer check-in counters and facilities for transfer passengers, no passenger buses, less baggage-handling personnel and facilities, less cleaning personnel, and allowed for a shorter turnaround time. consequently, hamburg airport was not sufficiently comparable to l beck airport. (67) in the light of those considerations, the commission takes the view that the approach generally recommended in the 2014 aviation guidelines for applying the meo test to relationships between airports and airlines, namely the ex ante incremental profitability analysis, must be applied to this case (22). 6.2.2. timeframe of the assessment (68) the commission considers that the appropriate timeframe for assessing the profitability of arrangements between airports and airlines is typically the time horizon of the agreement itself. as airlines are able to adapt their operations in a short timeframe and as the specific contents of possible future agreements usually cannot be predicted, a private airport operator would usually not assume that the specific terms of an agreement will continue beyond its agreed duration (23). (69) the 2010 side letters were not concluded at the same time but more than six months apart from each other, and they cover different periods of time. furthermore, their content differs in so far as only side letter no 1 contains an additional marketing payment of considerable size connected to a temporary marketing event. (70) the commission therefore considers that the agreements exist independently from each other and that the profitabiliy of each side letter needs to be assessed separately, over its agreed duration (24). (71) the court of justice declared in the stardust marine judgment that, [ ] in order to examine whether or not the state has adopted the conduct of a prudent investor operating in a market economy, it is necessary to place oneself in the context of the period during which the financial support measures were taken in order to assess the economic rationality of the state's conduct, and thus to refrain from any assessment based on a later situation (25). (72) for the purpose of assessing the agreements in question, both the existence and the amount of possible aid in the agreements therefore have to be assessed in the light of the situation prevailing at the time they were signed and, more specifically, in the light of the information available and developments foreseeable at the time. 6.2.3. assessment of side letter no 1 (73) according to the charleroi judgment (26), when assessing the measures in question, the commission has to take into account all the relevant features of the measures and their context. it needs to be established whether, when setting up an arrangement with an airline, the airport is capable of covering all the costs stemming from the arrangement, over the duration of the arrangement, with a reasonable profit margin on the basis of sound medium-term prospects (27). (74) this is to be measured by the difference between the incremental revenues expected to be generated by the agreement and the incremental costs expected to be incurred as a result of the agreement, the resulting cash flows being discounted with an appropriate discount rate. (75) this approach is justified by the fact that an airport operator may have an objective interest in concluding a transaction with an airline, regardless of any comparison with the conditions offered to airlines by other airport operators, or even with the conditions offered by the same airport operator to other airlines. (76) the commission also notes in this context that price differentiation is a standard business practice. such differentiated pricing policies should, however, be commercially justified. (77) when assessing the incremental profitability of the agreement, it is appropriate to take only into account the incremental costs and revenues generated over the duration of the agreement, that is to say from 28 march to 30 october 2010. (78) in line with this approach, oxera provided an ex ante calculation of the incremental profitability of the 2010 side letters (28). in its calculations, oxera takes into account all incremental traffic, and all costs and revenues relating to ryanair's operation at l beck airport. as the 2000 agreement would have ended in may 2010, the commission finds this to be sound. (79) the oxera analysis is based on the terms of the agreements between flg and ryanair, actual financial data of flg, as well as ex ante projections from a business plan submitted by germany, drawn up by flg on 10 march 2010 (29). this business plan covers the ex ante passenger numbers as well as the expected costs and revenues of l beck airport for the period 2010 to 2015. the business plan was originally prepared in december 2009 and then later revised by adjusting the traffic scenario from the original plan downwards and by adding two additional scenarios. oxera's analysis of incremental costs and revenues is based on the data of this revised version of the business plan dated 10 march 2010, as it was drawn up closer to the date of signing the 2010 agreements. (80) the plan distinguishes between three scenarios: best case: the assumption is that traffic will increase significantly over the period due to the expectation that ryanair will establish a base at the airport. consequently, the plan assumes an increase of non-aeronautical revenues and an expansion of non-aeronautical services, middle case: it is assumed that business will continue as before, namely in line with the data available for 2010, the year of the business plan, and worst case: it is assumed that the airport will close by 2012, with passenger numbers declining during 2010 and 2011. (81) while in the best-case scenario, the passenger numbers increase from [ ] in 2010 to [ ] in 2013 and lead to a corresponding increase of revenues, the passenger numbers stagnate in the middle-case scenario at [ ], in line with the expected numbers for 2010. in the worst-case scenario, the passenger numbers drop rapidly in 2011 and any airport operations cease in 2012. (82) for the purpose of analysing the 2010 agreements, oxera found it not appropriate to adopt the worst-case projections of the business plan, as this scenario assumed that the public vote of the citizens of hansestadt l beck in 2010 would decide in favour of closing the airport. considering the positive outcome of the public vote ensuring further investments for the airport on 25 april 2010 (see recital 16) only one month after concluding side letter no 1, the commission finds the assumption reasonable that both parties expected the airport to continue operations (30). to ensure that the approach is conservative, oxera based its analysis primarily on flg's projections for the middle-case scenario. (83) table 2 shows that the revenues stemming from the side letter no 1 were expected to exceed the incremental costs, leading to an annual surplus of eur [ ] in the scenario calculated by oxera (31). table 2 incremental profitability analysis of side letter no 1 profitability analysis of side letter 1 to airport service agreement between l beck and ryanair note: units discount rate in use % [ ] growth rate % 2,70 contract length years 0,6 probability of contract renewal % 30 ams marketing (2 = include upper case, 1 = include base case, 0 = exclude) n/a 0 side letter 1 side letter 1 effective as of date 28.3.2010 side letter 1 effective until date 30.10.2010 proportion of 2010 in which this rebate was effective % 59,5 proportion of 2010 when agreement was in force in which this rebate was effective % 77,8 marketing payments per dpax marketing rebate if 17 or fewer turnarounds per week: eur/dpax [ ] per dpax marketing rebate if 18 or more turnarounds per week: eur/dpax [ ] cut-off number of turnarounds per week atm 18,00 marketing rebate from side letter 1 (eur per dpax) eur/dpax [ ] ryanair turnaround annualised atm 1 779 ryanair turnaround per week atm 34 marketing rebate (eur per dpax) eur/dpax [ ] profitability 2010 ryanair dpax dpax [ ] total dpax dpax [ ] ryanair atms atm 1 058 total atms atm 1 160 revenues passenger security charge eur/dpax [ ] ramp handling charges eur ta [ ] passenger service fee eur/dpax [ ] airport security charge eur/dpax [ ] aeronautical revenues eur '000s [ ] non-aeronautical revenues eur '000s [ ] total revenue eur '000s [ ] costs opex eur '000s [ ] marketing eur '000s [ ] ams marketing eur '000s [ ] depreciation eur '000s [ ] total costs eur '000s [ ] net cash flow eur '000s [ ] terminal value eur '000s [ ] total cash flows eur '000s [ ] number of years when cash flow is due years 0,6 discount factor n/a [ ] npv eur '000s [ ] npv eur m [ ] source: oxera report, response to the european commission's request, 6 october 2017 (84) as the 2010 agreements do not stipulate a specific traffic target for ryanair, the forecast of airport traffic stems from flg's projections for the year 2010, as expressed in the middle-case scenario of the business plan. the proportion of ryanair traffic at the airport is expected to remain at 91 %, which reflects the average level of the three years prior to signing side letter no 1. ryanair turnarounds have been calculated, assuming 189 available seats per aircraft and a load factor of 80 %. this is in line with ryanair's 2010 load factor, which, according to ryanair's annual report and financial statement of 2010, was 81 to 82 % at the time. the expected incremental passenger numbers for the duration of the agreement were calculated from the envisaged number of flights and extrapolated for the duration of side letter no 1. (85) considering that the middle-case scenario of the business plan assumes no growth in passenger numbers, but bases its projections on already existing information for the year 2010, and noticing that the projected numbers are below the actual traffic numbers of the previous year 2009, the commission finds this approach to be sound. (86) furthermore, the commission notes that the sensitivity analysis performed by oxera shows that even when using ryanair's actual ex post passenger numbers, the resulting net present value remains positive at eur [ ]. (87) according to commission practice, in order to assess whether an arrangement concluded by an airport with an airline satisfies the meo test, expected non-aeronautical revenues stemming from the airline's activities must be taken into consideration together with airport charges, net of any rebates, marketing support or incentive schemes (single-till approach) (32). therefore, incremental revenues that a private market economy operator would reasonably expect from the agreement include: (a) aeronautical revenues from passengers and landing charges paid by ryanair; and (b) non-aeronautical revenues from, for example, car parking, franchise shops, or directly operated shops. (88) oxera takes into account the aeronautical revenues per passenger from the airport charges stipulated in side letter no 1 in connection with the 2000 agreement, and multiplies them with the respective passenger numbers. in line with commission practice, security fees have been excluded from the analysis, as they were passed on by flg to the competent public authority (33). oxera submitted that for side letter no 1, the airport could have expected aeronautical revenues of eur [ ]. the commission finds this result to be sound. (89) the non-aeronautical revenues per passenger are calculated based on the middle-case scenario of flg's business plan. in line with the projections for the year 2010, it assumes that the non-aeronautical revenues will stay at approximately [ ] of the aeronautical revenues (34). they include, for example, revenues from shops and restaurants, and revenues from parking. oxera estimates that revenues from non-aeronautical business amount to eur [ ]. (90) regarding the calculation of incremental costs, according to commission practice, all costs incurred by the airport in relation to the airline's activities at the airport have to be taken into account. such incremental costs may encompass all categories of expenses or marketing costs, such as incremental personnel and equipment costs induced by the presence of the airline at the airport (35). (91) according to commission practice, costs which the airport would have to incur anyway, independently from the arrangement with the airline, should not be taken into account in the meo test (36). (92) in line with this approach, oxera takes into account incremental operating and marketing costs. (93) the marketing costs stem from the 2000 agreement, which are maintained in side letter no 1, increased by the marketing payments during the period of validity of side letter no 1 between 28 march and 30 october 2010: table 3 schedule of marketing payments per departing passenger in side letter no 1 marketing payments per departing passenger if: fewer than 18 turnarounds per week 18 or more turnarounds per week eur [ ] eur [ ] (94) as the forecast of the number of turnarounds exceeded 18 per week, the marketing payments were based on the amount of eur [ ] per departing passenger. in order to calculate total marketing payments, these marketing payments were multiplied by the respective forecasts of the number of departing ryanair passengers. the expected incremental marketing costs for the period march to october 2010 were calculated to amount to eur [ ]. (95) incremental operating costs were estimated on the basis of a regression analysis that identified the impact of a change in total passenger numbers on the airport's operating costs. however, as in the middle-case scenario, the annual forecast of operating costs varies from year to year but the passenger forecast does not, oxera could not perform a regression analysis based on this scenario. instead, oxera calculated the incremental operating costs by using the average estimates from the best and the worst-case scenarios to ensure a conservative approach. oxera estimated incremental operating costs of eur [ ]. (96) considering ryanair's share of around 90 % of traffic at l beck airport at the time of the agreement, the commission finds this approach to be sound. (97) there are no depreciation costs (investment costs) included in the calculations of the incremental profitability of side letter no 1. (98) for its calculations, oxera used a discount rate of 2,24 %, which corresponds to the commission's reference rate plus 100 basis points. the commission considers that the discount rate of 10 % is likely to be closer to the weighted average of the costs of capital of a meo than the reference rate plus 100 basis points. however, the commission notes that a sensitivity check performed by oxera shows that the net present value would still be positive at eur [ ] when using a 10 % discount rate. (99) in addition, oxera performed a sensitivity check taking into account different scenarios, among others: (a) calculating with a discount rate of 10 % (npv positive at eur [ ]); (b) using ryanair's actual ex post passenger numbers instead of the ex ante passenger numbers, which were assumed in the middle-case scenario of the business plan (npv positive at eur [ ]); (c) using the operating costs derived from flg's actual data of the years 2000 to 2010 instead of the costs assumed in the business plan (npv positive at eur [ ]). (100) for the meo test, only ex ante estimations based on data that were known and expected at the time of the decision making are relevant. the assessment based on ex post data can, however, serve to support the validation of the assumptions made to determine the ex ante expected revenues and costs. (101) according to oxera, in all scenarios described above, the net present value remains positive. (102) furthermore, oxera carried out a further sensitivity analysis taking into account the marketing services agreement with ams of 29 march 2010. (103) the commission notes that side letter no 1 and the 2010 marketing services agreement between flg and ams were signed on the same date and have the same contractual period. ams is a wholly-owned subsidiary of ryanair and its directors are senior ryanair executives. the commission therefore considers ryanair and ams to constitute a single economic entity in the sense that ams acts in accordance with the interests of ryanair and under its control, and the profits it generates are destined for ryanair, in the form of dividends or an increase in the value of the company. the commission thus considers side letter no 1 and the 2010 marketing services agreement to be concluded between the same parties. moreover, the 2010 marketing services agreement states that it is rooted in ryanair's commitment to operate routes from/to l beck. consequently, the commission considers side letter no 1 and the 2010 marketing services agreement to be part of the same commercial transaction. the mere fact that flg concluded the 2010 marketing services agreement with ams and not with ryanair cannot prevent a marketing services agreement and an airport services agreement concluded at the same time from being considered as forming a single transaction. (104) the commission therefore believes that the profitability of both agreements should be considered jointly. (105) oxera's risk analysis shows that if the payment of eur [ ] agreed to by flg under the 2010 marketing services agreement with ams is included in the calculation, the npv remains positive at eur [ ]. the agreement with ams has therefore only little influence on the profitability of side letter no 1. (106) after an in-depth assessment of the oxera reports, the commission takes the view that the presented results are reasonable and that the methodology used is sound. this finding is supported by the fact that the reports are solely based on ex ante information available at the time of signing the agreement. furthermore, the sensitivity analysis performed by oxera validates the assumption of a positive net present value. (107) the commission therefore considers that side letter no 1 was likely to be profitable from an ex ante perspective. similarly, as marketing measures are meant to attract more passengers, the agreement can also be considered to be part of the implementation of an overall strategy to lead to profitability at least in the long term. 6.2.4. assessment of side letter no 2 (108) taking into account the explanations under section 6.2.2, a meo would have assessed the incremental costs and revenues for the term of application of the agreement, namely from 31 october 2010 to 1 november 2013. (109) the calculations performed by oxera regarding side letter no 2 follow the same methodology as the calculations for side letter no 1. (110) table 4 shows that the revenues stemming from side letter no 2 were expected to exceed the costs, leading to an annual surplus of eur [ ] in the scenario calculated by oxera. table 4 incremental profitability analysis of side letter no 2 profitability analysis of side letter 2 to airport service agreement between l beck and ryanair note: units discount rate in use % [ ] growth rate % 2,70 contract length years 3,0 probability of contract renewal 30 side letter 2 side letter 2 effective as of 31.10.2010 contract start year year 2010 contract start date adjustment % 17,0 side letter 2 effective until 1.11.2013 contract end year year 2013 contract end date adjustment % 83,6 combined start date adjustment % 76,4 proportion of 2010 when agreement was in force % 22,2 marketing payments per dpax marketing rebate if 17 or fewer turnarounds per week: eur/dpax [ ] per dpax marketing rebate if 18 or more turnarounds per week: eur/dpax [ ] cut-off number of turnarounds per week atm 18,00 ryanair turnaround annualised atm 1 779 ryanair turnaround per week atm 34 marketing rebate (eur per dpax) eur/dpax [ ] profitability 2010 2011 2012 2013 date adjustment % 22 100 100 100 ryanair dpax dpax [ ] [ ] [ ] [ ] total dpax dpax [ ] [ ] [ ] [ ] ryanair atms atm 302 1 779 1 779 1 487 total atms atm 331 1 951 1 951 1 630 revenues passenger security charge eur/dpax 0 0 0 0 ramp handling charges eur/ta [ ] [ ] [ ] [ ] passenger service fee eur/dpax [ ] [ ] [ ] [ ] airport security charge eur/dpax 0 0 0 0 aeronautical revenues eur '000s [ ] [ ] [ ] [ ] non-aeronautical revenues eur '000s [ ] [ ] [ ] [ ] total revenue eur '000s [ ] [ ] [ ] [ ] costs opex eur '000s [ ] [ ] [ ] [ ] marketing eur '000s [ ] [ ] [ ] [ ] ams marketing eur '000s 0 0 0 0 depreciation eur '000s 0 [ ] [ ] [ ] total costs eur '000s [ ] [ ] [ ] [ ] net cash flow eur '000s [ ] [ ] [ ] [ ] terminal value eur '000s 0 0 0 0 total cash flows eur '000s [ ] [ ] [ ] [ ] number of years when cash flow is due years 0,2 1,2 2,2 3,0 discount factor n/a [ ] [ ] [ ] [ ] npv eur '000s [ ] npv eur m [ ] source: oxera report, response to the european commission's request, 6 october 2017 (111) oxera submitted that based on the charges stipulated in the 2000 agreement and side letter no 2, the airport could have expected aeronautical revenues of a total of eur [ ]. with regard to non-aeronautical revenues, oxera again relied on the information from the middle-case scenario of flg's business plan which predicts the revenues to remain on the 2010 level, and estimated revenues of eur [ ]. (112) following the same approach, oxera estimated the total incremental operating costs to be eur [ ]. the calculation of the marketing costs was based on the terms of the original 2000 agreement, multiplied by the respective forecasts of the number of departing ryanair passengers. (113) for the reasons mentioned in recitals 82 to 96 above, the commission finds oxera's approach to be sound. (114) the commission notes that oxera included investment costs in the calculation of side letter no 2, which consist of a passenger-related proportion of the depreciation costs. the costs are estimated by means of a regression analysis of the planned investments and the expected passenger numbers according to the business plan. (115) the commission notes that according to the middle-case scenario of flg's 2010 business plan, no investments were specific to ryanair but could potentially be exploited by other airlines. this indicates that investment costs did not have to be included in the incremental costs of side letter no 2. in this respect, the commission notes that germany emphasised that flg continuously attempted to attract other airlines and succeeded in this attempt as wizz air was also operating from the airport. the commission further notes that the 2010 agreements did not require flg to make investments. (116) in the light of those considerations, the commission concludes that it is unreasonable to attribute investments made at l beck airport to side letter no 2. however, the commission also notes that even if investment costs were attributed to the agreement, the expected npv was still positive amounting to eur [ ]. (117) furthermore, the sensitivity analysis performed by oxera shows a positive npv in the following scenarios: (a) calculating with a discount rate of 10 % (npv positive at eur [ ]); (b) using ryanair's actual ex post passenger numbers instead of the ex ante passenger numbers, which were assumed in the middle-case scenario of the business plan (npv positive at eur [ ]); (c) using the operating costs derived from flg's actual data of the years 2000 to 2010 (37) instead of the costs assumed in the business plan (npv positive at eur [ ]); (118) in this respect, the previous statements in recitals 98 to 101 apply also to side letter no 2. (119) the commission therefore considers that side letter no 2 was likely to be profitable from an ex ante perspective. similarly, in view of the clearly positive contribution, the agreement can also be considered to be part of the implementation of an overall strategy to lead to profitability in the long term. 6.2.5. assessment result (120) based on the information provided, the commission considers that flg could have expected a positive incremental return on the 2010 agreements with ryanair. (121) furthermore, it could be reasonably expected that side letter no 1 would be incrementally profitable even when taking into account the marketing services agreement with ams. (122) the commission therefore considers that flg acted as a meo when it concluded the 2010 agreements with ryanair. these agreements therefore do not confer an economic advantage that ryanair would not have obtained under normal market conditions. 7. conclusion (123) the commission concludes that the 2010 side letters do not confer an economic advantage on ryanair. therefore, neither side letter no 1 nor side letter no 2 constitutes state aid within the meaning of article 107(1) of the treaty, has adopted this decision: article 1 the side letter no 1 of 29 march 2010 concluded between ryanair ltd and flughafen l beck gmbh does not constitute state aid within the meaning of article 107(1) of the treaty. article 2 the side letter no 2 of 31 october 2010 concluded between ryanair ltd and flughafen l beck gmbh does not constitute state aid within the meaning of article 107(1) of the treaty. article 3 this decision is addressed to the federal republic of germany. done at brussels, 22 february 2018. for the commission margrethe vestager member of the commission (1) oj c 241, 10.8.2012, p. 56. (2) oj c 287, 29.11.2007, p. 27. (3) oj c 295, 7.12.2007, p. 29. (4) sgf is a non-governmental organisation registered under the rules of directive 2003/35/ec of the european parliament and of the council of 26 may 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice council directives 85/337/eec and 96/61/ec (oj l 156, 25.6.2003, p. 17). (5) prior to the opening, the measures were investigated in cases cp 31/2009 (sa.27585) and cp 162/2010 (sa.31149). (6) commission decision of 22 february 2012 on state aid sa.27585 and sa.31149 (2012/c) (ex nn/2011, ex cp 31/2009 and cp 162/2010) alleged state aid to l beck airport, infratil and airlines using the airport (ryanair, wizz air and others) germany invitation to submit comments pursuant to article 108(2) of the treaty (oj c 241, 10.8.2012, p. 56). (7) commission decision (eu) 2017/2336 of 7 february 2017, sa.21877 (c 24/2007), sa.27585 (2012/c) and sa.31149 (2012/c) germany alleged state aid to flughafen l beck gmbh, infratil limited, ryanair and other airlines using the airport (oj l 339, 19.12.2017, p. 1). (8) see recital 186 of decision (eu) 2017/2336. (9) oxera report, economic market ecomomy operator principle (meop) assessment: l beck airport, 6 february 2015. (10) take-off konzept flughafen l beck gmbh, 21 december 2009, p. 23. (*1) confidential information. (11) judgment of the general court of 3 march 2010, bundesverband deutscher banken v commission (helaba i), t-163/05, ecli:eu:t:2010:59. (12) judgment of the court of justice of 16 may 2002, france v commission (stardust marine), c-482/99, ecli:eu:c:2002:294. (13) oxera report, economic meop assessment: l beck airport, 6 february 2015; oxera report, response to the european commission's request, 6 october 2017. (14) see for example judgment of the court of justice of 11 july 1996, syndicat fran ais de l'express international (sfei) and others v la poste and others, c-39/94, ecli:eu:c:1996:285, paragraph 60. (15) ibid. (16) communication from the commission guidelines on state aid to airports and airlines (oj c 99, 4.4.2014, p. 3). (17) see point 53 of the 2014 aviation guidelines. (18) see point 59 of the 2014 aviation guidelines. (19) see recitals 88 and 89 of commission decision 2011/60/eu of 27 january 2010 on state aid c 12/08 (ex nn 74/07) slovakia agreement between bratislava airport and ryanair (oj l 27, 1.2.2011, p. 24). (20) see, as regards benchmarking by reference to profitability (as opposed to pricing) in the sector, judgment of the general court of 3 july 2014, kingdom of spain and others v commission, joined cases t-319/12 and t-321/12, ecli:eu:t:2014:604, paragraph 44. (21) for further criteria to be assessed, see point 60 of the 2014 aviation guidelines. (22) see points 61 and 63 of the 2014 aviation guidelines. (23) see for example commission decision (eu) 2015/1227 of 23 july 2014 on state aid sa.22614 (c 53/07) implemented by france in favour of the chamber of commerce and industry of pau-b arn, ryanair, airport marketing services and transavia (oj l 201, 30.7.2015, p. 109). (24) see also judgment of the general court of 15 september 1998, bp chemicals limited v commission (bp chemicals), t-11/95, ecli:eu:t:1998:199, paragraphs 170 and 171; recitals 14 to 33 of commission decision of 19 december 2012 on state aid sa.35378 (2012/n) germany financing of berlin brandenburg airport (oj c 36, 8.2.2013, p. 10). (25) judgment of the court of justice of 16 may 2002, france v commission (stardust marine), c-482/99, ecli:eu:c:2002:294, paragraph 71. (26) judgment of the general court of 17 december 2008, ryanair ltd v commission (charleroi), t-196/04, ecli:eu:t:2008:585, paragraph 59. (27) see point 63 of the 2014 aviation guidelines. (28) oxera report, economic meop assessment: l beck airport, 6 february 2015; oxera report, response to the european commission's request, 6 october 2017. (29) flughafen l beck fortschreibung des takeoff-konzepts inkl. business- und investitionsplanung, 10 march 2010. (30) see take-off konzept flughafen l beck gmbh of 21 december 2009. this assumption is also in line with a letter submitted by ryanair addressed to flg in 2009, stating different commitments of ryanair with regard to a future cooperation. (31) according to the oxera report of 6 february 2015, the net present value of both side letters is also positive, if the projections are based on the best case scenario of the business plan. (32) see point 64 of the 2014 aviation guidelines. (33) ibid. (34) the commission notes that this result assumes an increase of non-aeronautical revenues per passenger from approximately [ ] of aeronautical revenues, which was taken as a basis for the 2000 agreement, to approximately [ ] in 2010. the commission finds this assumption reasonable considering the growth of business at l beck airport after the year 2000. (35) see point 64 of the 2014 aviation guidelines. (36) see point 64 of the 2014 aviation guidelines; commission decision (eu) 2015/1226 of 23 july 2014 on state aid sa.33963 (2012/c) (ex 2012/nn) implemented by france in favour of angoul me chamber of commerce and industry, snc-lavalin, ryanair and airport marketing services (oj l 201, 30.7.2015, p. 48); commission decision (eu) 2015/1584 of 1 october 2014 on state aid sa.23098 (c 37/07) (ex nn 36/07) implemented by italy in favour of societ di gestione dell'aeroporto di alghero so.ge.a.al s.p.a. and various air carriers operating at alghero airport (oj l 250, 25.9.2015, p. 38); commission decision (eu) 2016/2069 of 1 october 2014 concerning measures sa.14093 (c 76/2002) implemented by belgium in favour of brussels south charleroi airport and ryanair (oj l 325, 30.11.2016, p. 63). (37) according to oxera, it was unable to obtain data from flg that covers the period after 2010.
name: council decision (eu) 2018/1257 of 18 september 2018 on the signing, on behalf of the european union, of the agreement to prevent unregulated high seas fisheries in the central arctic ocean type: decision subject matter: fisheries; international affairs; european construction; international law; natural environment date published: 2018-09-21 21.9.2018 en official journal of the european union l 238/1 council decision (eu) 2018/1257 of 18 september 2018 on the signing, on behalf of the european union, of the agreement to prevent unregulated high seas fisheries in the central arctic ocean the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 43, in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) the union is exclusively competent, under the common fisheries policy, to adopt measures for the conservation of marine biological resources and to enter into agreements with third countries and international organisations in this respect. (2) pursuant to council decisions 98/392/ec (1) and 98/414/ec (2), the union is a contracting party to the united nations convention on the law of the sea of 10 december 1982 (the convention) and to the agreement on the implementation of the provisions of the united nations convention on the law of the sea of 10 december 1982, relating to the conservation and management of straddling fish stocks and highly migratory fish stocks (the fish stocks agreement). both the convention and the fish stocks agreement require states to cooperate in conserving and managing the living resources of the sea. the agreement to prevent unregulated high seas fisheries in the central arctic ocean (the agreement) fulfils this obligation. (3) regulation (eu) no 1380/2013 of the european parliament and of the council (3) provides that the union is to conduct its external fisheries relations in accordance with its international obligations and policy objectives, as well as the objectives and principles set out in articles 2 and 3 of that regulation, in order to ensure sustainable exploitation, management and conservation of marine biological resources and the marine environment. the agreement is consistent with those objectives. (4) on 31 march 2016, the council authorised the commission to negotiate, on behalf of the union, an international agreement to prevent unregulated high seas fisheries in the central arctic ocean. those negotiations were successfully concluded on 30 november 2017. (5) becoming a party to the agreement will promote consistency in the union's conservation approach across oceans and reinforce its commitment to the long-term conservation and sustainable use of marine biological resources globally. (6) therefore, the agreement should be signed on behalf of the union subject to its conclusion, has adopted this decision: article 1 the signing on behalf of the union of the agreement to prevent unregulated high seas fisheries in the central arctic ocean (the agreement) is hereby authorised, subject to the conclusion of the said agreement (4). article 2 the president of the council shall 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 brussels, 18 september 2018. for the council the president g. bl mel (1) council decision 98/392/ec of 23 march 1998 concerning the conclusion by the european community of the united nations convention of 10 december 1982 on the law of the sea and the agreement of 28 july 1994 relating to the implementation of part xi thereof (oj l 179, 23.6.1998, p. 1). (2) council decision 98/414/ec of 8 june 1998 on the ratification by the european community of the agreement for the implementing of the provisions of the united nations convention on the law of the sea of 10 december 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks (oj l 189, 3.7.1998, p. 14). (3) regulation (eu) no 1380/2013 of the european parliament and of the council of 11 december 2013 on the common fisheries policy, amending council regulations (ec) no 1954/2003 and (ec) no 1224/2009 and repealing council regulations (ec) no 2371/2002 and (ec) no 639/2004 and council decision 2004/585/ec (oj l 354, 28.12.2013, p. 22). (4) the text of the agreement will be published together with the decision on its conclusion.
name: council decision (eu) 2018/1271 of 18 september 2018 appointing a member, proposed by the federal republic of germany, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2018-09-21 21.9.2018 en official journal of the european union l 238/88 council decision (eu) 2018/1271 of 18 september 2018 appointing a member, proposed by the federal republic of germany, 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 german government, 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. (2) a member's seat on the committee of the regions has become vacant following the end of the term of office of dr beate merk, 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 georg eisenreich, staatsminister (freistaat bayern). article 2 this decision shall enter into force on the date of its adoption. done at brussels, 18 september 2018. for the council the president g. bl mel (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).
name: council decision (eu) 2018/1272 of 18 september 2018 appointing a member, proposed by the italian republic, of the committee of the regions type: decision subject matter: europe; eu institutions and european civil service date published: 2018-09-21 21.9.2018 en official journal of the european union l 238/89 council decision (eu) 2018/1272 of 18 september 2018 appointing a member, proposed by the italian 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 the proposal of the italian government, 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 the basis of different mandates, mr mauro d'attis was re-appointed as a member, respectively, on 21 april 2016 by council decision (eu) 2016/643 (4), on 17 october 2016 by council decision (eu) 2016/1860 (5), and on 14 september 2017 by council decision (eu) 2017/1753 (6). (2) a member's seat on the committee of the regions has become vacant following the end of the term of office of mr mauro d'attis, 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 salvatore domenico antonio pogliese, sindaco del comune di catania. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 18 september 2018. for the council the president g. bl mel (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) 2016/643 of 21 april 2016 appointing a member, proposed by the italian republic, of the committee of the regions (oj l 108, 23.4.2016, p. 35). (5) council decision (eu) 2016/1860 of 17 october 2016 appointing two members and an alternate member, proposed by the italian republic, of the committee of the regions. (oj l 284, 20.10.2016, p. 31). (6) council decision (eu) 2017/1753 of 14 september 2017 appointing a member and an alternate member, proposed by the italian republic, of the committee of the regions. (oj l 246, 26.9.2017, p. 5).
name: council decision (eu) 2018/1256 of 18 september 2018 appointing an alternate member, proposed by the federal republic of germany, of the committee of the regions type: decision subject matter: europe; eu institutions and european civil service date published: 2018-09-20 20.9.2018 en official journal of the european union l 237/11 council decision (eu) 2018/1256 of 18 september 2018 appointing an alternate member, proposed by the federal republic of germany, 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 german government, 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. (2) an alternate member's seat on the committee of the regions has become vacant following the end of the term of office of mr sven ambrosy, has adopted this decision: article 1 the following is hereby appointed as an alternate member of the committee of the regions for the remainder of the current term of office, which runs until 25 january 2020: mr oliver schenk, chef der staatskanzlei und staatsminister f r bundes- und europaangelegenheiten (freistaat sachsen). article 2 this decision shall enter into force on the date of its adoption. done at brussels, 18 september 2018. for the council the president g. bl mel (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).
name: council decision (cfsp) 2018/1247 of 18 september 2018 amending decision 2012/392/cfsp on the european union csdp mission in niger (eucap sahel niger) type: decision subject matter: politics and public safety; africa; social affairs date published: 2018-09-19 19.9.2018 en official journal of the european union l 235/7 council decision (cfsp) 2018/1247 of 18 september 2018 amending decision 2012/392/cfsp on the european union csdp mission in niger (eucap sahel niger) the council of the european union, having regard to the treaty on european union, and in particular 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 16 july 2012, the council adopted decision 2012/392/cfsp (1) establishing a european union csdp mission in niger to support the capacity building of the nigerien security actors to fight terrorism and organised crime (eucap sahel niger). (2) the council extended the mission until 15 july 2018 through decision (cfsp) 2016/1172 (2) and provided it with a financial reference until the same date through decision (cfsp) 2017/1253 (3). furthermore, the council extended the mission and its financial reference amount until 30 september 2018 through decision (cfsp) 2018/997 (4). (3) on 28 june 2018, the european council adopted conclusions on migration. (4) following the strategic review of the mission, the political and security committee recommended that the mandate of eucap sahel niger be amended and extended by two years. (5) eucap sahel niger 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 on european union. (6) decision 2012/392/cfsp should be amended accordingly, has adopted this decision: article 1 decision 2012/392/cfsp shall be amended as follows: (a) articles 1, 2 and 3 are replaced by the following: article 1 mission the union establishes a european union csdp mission in niger to support the capacity building of the nigerien security actors to fight terrorism and organised crime (eucap sahel niger), including with a view to improving their capacity to control and fight irregular migration and reduce the level of associated crime. article 2 objectives in the context of the implementation of the european union strategy for security and development in the sahel, eucap sahel niger shall aim at enabling the nigerien authorities to develop the necessary strategic frameworks and further operationalise existing strategies. eucap sahel niger shall also aim at contributing to the development of an integrated, multidisciplinary, coherent, sustainable and human-rights approach among the various nigerien security actors in the fight against terrorism and organised crime. it shall also assist the nigerien central and local authorities and security forces in developing policies, techniques and procedures to effectively control and fight irregular migration. article 3 tasks 1. in order to fulfil the objectives set out in article 2, eucap sahel niger shall: (a) improve cooperation between different actors in niger in the security domain and support the development of strategic frameworks and further operationalise existing strategies in that field; (b) strengthen the nigerien security forces capacity in the fight against terrorism and organised crime through advice, training and where appropriate mentoring; (c) assist the niger security forces in developing the procedures and techniques to effectively control and fight irregular migration and reduce the level of associated crime by providing strategic advice and training, including on border control, in support of the union's objectives on migration; (d) facilitate regional and international coordination in the fight against terrorism, organised crime and irregular migration. 2. eucap sahel niger shall focus on the activities referred to in paragraph 1 which contribute to improving the control of the territory of niger, including in coordination with the nigerien armed forces. 3. in discharging its tasks, eucap sahel niger shall aim at ensuring that niger's capability to fight terrorism and organised crime are developed in a sustainable way, in particular through improvements to niger's human resources management, logistics and training policies in that field. 4. eucap sahel niger shall not carry out any executive function.; (b) in article 13(1), the following sub-paragraph is added: the financial reference amount to cover the expenditure related to eucap sahel niger for the period from 1 october 2018 to 30 september 2020 shall be eur 63 400 000.; (c) in article 16, the second sentence is replaced by the following: it shall apply until 30 september 2020. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 18 september 2018. for the council the president g. bl mel (1) council decision 2012/392/cfsp of 16 july 2012 on the european union csdp mission in niger (eucap sahel niger) (oj l 187, 17.7.2012, p. 48). (2) council decision (cfsp) 2016/1172 of 18 july 2016 amending decision 2012/392/cfsp on the european union csdp mission in niger (eucap sahel niger) (oj l 193, 19.7.2016, p. 106). (3) council decision (cfsp) 2017/1253 of 11 july 2017 amending decision 2012/392/cfsp on the european union csdp mission in niger (eucap sahel niger) (oj l 179, 12.7.2017, p. 15). (4) council decision (cfsp) 2018/997 of 13 july 2018 amending decision 2012/392/cfsp on the european union csdp mission in niger (eucap sahel niger) (oj l 178 of 16.7.2018, p. 7).
name: council decision (cfsp) 2018/1248 of 18 september 2018 appointing the european union special representative for the middle east peace process type: decision subject matter: eu institutions and european civil service; asia and oceania; international security; european construction; international affairs date published: 2018-09-19 19.9.2018 en official journal of the european union l 235/9 council decision (cfsp) 2018/1248 of 18 september 2018 appointing the european union special representative for the middle east peace process 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) the resolution of the israeli-palestinian conflict is a strategic priority for the union and the union must remain actively engaged until it is solved on the basis of the two-state solution. (2) a european union special representative (eusr) for the middle east peace process (mepp) should be appointed until 29 february 2020. (3) 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 european union special representative ms susanna terstal is hereby appointed as the european union special representative (eusr) for the middle east peace process (mepp) until 29 february 2020. the council may decide that the mandate of the eusr be terminated earlier, on the basis of 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). article 2 policy objectives 1. the mandate of the eusr shall be based on the union's policy objectives regarding the mepp. 2. the overall objective is a comprehensive peace that should be achieved on the basis of a two-state solution, with israel and a democratic, contiguous, viable, peaceful and sovereign palestinian state living side by side within secure and recognised borders enjoying normal relations with their neighbours in accordance with the relevant united nations (un) security council resolutions (unscrs) 242 (1967) and 338 (1973) and recalling other relevant resolutions, including unscr 2334 (2016), the madrid principles, including land for peace, the roadmap, the agreements previously reached by the parties, the arab peace initiative and the recommendations of the middle east quartet (the quartet) of 1 july 2016. in light of the different strands of the israeli-arab relations, the regional dimension constitutes an essential element for a comprehensive peace. 3. in achieving this objective, policy priorities are the preservation of the two-state solution and relaunching and supporting the peace process. clear parameters defining the basis for negotiations are key elements for a successful outcome and the union has set out its position with regard to such parameters in the council conclusions of december 2009, december 2010 and july 2014, which it will continue to actively promote. 4. the union is committed to working with the parties and with partners in the international community, including through participating in the quartet and actively pursuing appropriate international initiatives to create a new dynamic for the negotiations. article 3 mandate 1. in order to achieve the policy objectives, the eusr's mandate shall be to: (a) provide an active and efficient union contribution to actions and initiatives leading to a final settlement of the israeli-palestinian conflict based on the two-state solution and in line with the union parameters and relevant unscrs including unscr 2334 (2016) and put forward proposals for union action in this regard; (b) facilitate and maintain close contacts with all the parties to the peace process, relevant political actors, other countries of the region, members of the quartet and other relevant countries, as well as the un and other relevant international organisations, like the league of arab states, in order to work with them in strengthening the peace process; (c) work as appropriate to promote and contribute to a possible new framework of negotiations in consultation with all the key stakeholders and the union member states, in particular through advancing the objectives of the joint declaration adopted by the participants of the conference held in paris on 15 january 2017 (1); (d) actively support and contribute to peace negotiations between the parties, including by putting forward proposals on behalf of the union and in line with its consolidated longstanding policy in the context of those negotiations; (e) ensure the continued presence of the union in relevant international fora; (f) contribute to crisis management and prevention, including with regard to gaza; (g) contribute, where requested, to the implementation of international agreements reached between the parties and engage with them diplomatically in the event of non-compliance with the terms of those agreements; (h) contribute to political efforts to bring about a fundamental change leading to a sustainable solution for the gaza strip which is an integral part of a future palestinian state and should be addressed in the negotiations; (i) pay particular attention to factors affecting the regional dimension of the peace process, to the engagement with arab partners and to the implementation of the arab peace initiative; (j) engage constructively with signatories to agreements within the framework of the peace process in order to promote compliance with the basic norms of democracy, including respect for international humanitarian law, human rights and the rule of law; (k) make proposals for union intervention in the peace process and on the best way of pursuing union initiatives and ongoing peace process related union efforts, such as the union's contribution to palestinian reforms and including the political aspects of relevant union development projects; (l) engage the parties in refraining from unilateral actions threatening the viability of the two-state solution, notably in jerusalem and in area c of the occupied west bank; (m) report regularly, as envoy to the quartet, on progress and evolution in the negotiations, as well as on the quartet activities, and contribute to the preparation of quartet envoys meetings on the basis of union positions and through coordination with other quartet members; (n) contribute to the implementation of the union's human rights policy in cooperation with the eusr for human rights, including the union guidelines on human rights, in particular the union guidelines on children and armed conflict as well as on violence against women and girls and combating all forms of discrimination against them, and union policy regarding unscr 1325 (2000) on women, peace and security, including by monitoring and reporting on developments as well as formulating recommendations in this regard; (o) contribute to a better understanding of the role of the union among opinion leaders in the region. 2. the eusr shall support the work of the hr, while maintaining an overview of all mepp related activities of the union in the region. article 4 implementation of the mandate 1. the eusr shall be responsible for the implementation of the mandate, acting under the authority of the hr. 2. the psc shall maintain a privileged link with the eusr and shall be the eusr's primary point of contact with the council. the psc shall provide the eusr with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the hr. 3. the eusr shall work in close coordination with the european external action service (eeas) and its relevant departments. 4. the eusr will undertake regular visits to the region and will ensure close coordination with the union representative office in jerusalem, the union delegation in tel aviv, as well as with other relevant union delegations in the region. article 5 financing 1. the financial reference amount intended to cover the expenditure related to the eusr's mandate for the period until 29 february 2020 shall be eur 1 730 000. 2. the expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the union. 3. the management of the expenditure shall be subject to a contract signed between the eusr and the commission. 4. the eusr shall be accountable to the commission for all expenditure until the approval by the commission of the final report formalising the financial closure of the mandate. article 6 constitution and composition of the team 1. within the limits of the eusr's mandate and the corresponding financial means made available, the eusr shall be responsible for constituting a team. the team shall include expertise on specific policy issues as required by the mandate. the eusr shall keep the council and the commission promptly informed of the composition of the team. 2. member states and the institutions of the union may propose the secondment of staff to work with the eusr. the salary of such seconded personnel shall be covered by the sending authority. experts seconded by member states to the institutions of the union may also be posted to work with the eusr. international contracted staff shall have the nationality of a member state. 3. all seconded personnel shall remain under the administrative authority of the sending authority and shall carry out their duties and act in the interest of the eusr's mandate. 4. the eusr staff shall be co-located with the relevant eeas department, union delegation in tel aviv and union representative office in jerusalem in order to ensure the coherence and consistency of their respective activities. article 7 privileges and immunities of the eusr and the eusr's staff the privileges, immunities and further guarantees necessary for the completion and smooth functioning of the eusr's mission and eusr staff members shall be agreed with the host countries, as appropriate. member states and the eeas shall grant all necessary support to such effect. article 8 security of eu classified information the eusr and the members of the eusr's team shall respect the security principles and minimum standards established by council decision 2013/488/eu (2). article 9 access to information and logistical support 1. member states, the commission, the eeas and the general secretariat of the council shall ensure that the eusr is given access to any relevant information. 2. the union delegations in the region and/or the member states shall, as appropriate, provide logistical support in the region. article 10 security in accordance with the union's policy on the security of personnel deployed outside the union in an operational capacity under title v of the treaty, the eusr shall take all reasonably practicable measures, in accordance with the eusr's mandate and on the basis of the security situation in the area of responsibility, for the security of all personnel under the eusr's direct authority, in particular by: (a) establishing a specific security plan based on guidance from the eeas, including specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to and within the area of responsibility, as well as management of security incidents, and including a contingency plan and evacuation plan; (b) ensuring that all personnel deployed outside the union are covered by high risk insurance, as required by the conditions in the area of responsibility; (c) ensuring that all members of the eusr team to be deployed outside the union, including locally contracted personnel, have received appropriate security training before or upon arriving in the area of responsibility, based on the risk ratings assigned to that area by the eeas; (d) ensuring that all agreed recommendations made following regular security assessments are implemented and providing the council, the hr and the commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate. article 11 reporting the eusr shall regularly provide the hr and the psc with oral and written reports. the eusr shall also report to council working parties, as necessary. regular reports shall be circulated through the coreu network. the eusr may provide the foreign affairs council with reports. in accordance with article 36 of the treaty, the eusr may be involved in briefing the european parliament. article 12 coordination 1. the eusr shall contribute to the unity, consistency and effectiveness of the union's action and shall help ensure that all union instruments and member states' actions are engaged consistently to attain the union's policy objectives. liaison with member states shall be sought where appropriate. the activities of the eusr shall be coordinated with those of the commission services. the eusr shall provide regular briefings to the union's delegations and to member states' missions, particularly the union representative office in jerusalem and the union delegation in tel aviv. 2. close liaison shall be maintained in the field with the relevant heads of member states' missions, heads of union delegations and heads of csdp missions. they shall make every effort to assist the eusr in the implementation of the mandate. the eusr, in close coordination with the head of union delegation in tel aviv and the union representative office in jerusalem, shall provide the heads of the european union police mission for the palestinian territories (eupol copps) and of the european union border assistance mission for the rafah crossing point (eubam rafah) with local political guidance. the eusr shall also liaise with other international and regional actors in the field. article 13 assistance in relation to claims the eusr and the eusr's staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous eusrs for the mepp, and shall provide administrative assistance and access to relevant files for such purposes. article 14 review the implementation of this decision and its consistency with other contributions from the union to the region shall be kept under regular review. the eusr shall present the council, the hr and the commission with a progress report by 31 january 2019 and a comprehensive mandate implementation report by 30 november 2019. article 15 entry into force this decision shall enter into force on the date of its adoption. done at brussels, 18 september 2018. for the council the president g. bl mel (1) one member state (united kingdom) only attended as an observer and did not sign up to the joint declaration adopted at the conference. (2) council decision 2013/488/eu of 23 september 2013 on the security rules for protecting eu classified information (oj l 274, 15.10.2013, p. 1).
name: commission implementing decision (eu) 2018/1242 of 14 september 2018 concerning certain interim protective measures relating to african swine fever in belgium (notified under document c(2018) 6072) (text with eea relevance.) type: decision_impl subject matter: regions of eu member states; international trade; means of agricultural production; europe; agricultural activity; agricultural policy date published: 2018-09-14 14.9.2018 en official journal of the european union li 231/1 commission implementing decision (eu) 2018/1242 of 14 september 2018 concerning certain interim protective measures relating to african swine fever in belgium (notified under document c(2018) 6072) (only the dutch and french texts are authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(3) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(3) thereof, whereas: (1) african swine fever is an infectious viral disease affecting domestic and feral pig populations and can have a severe impact on the profitability of pig farming causing disturbance to trade within the union and exports to third countries. (2) in the event of a case of african swine fever in feral pigs, there is a risk that the disease agent might spread to other feral pig populations and to pig holdings. as a result, it may spread from one member state to another member state and to third countries through trade in live pigs or their products. (3) council directive 2002/60/ec (3) lays down minimum measures to be applied within the union for the control of african swine fever. in particular, article 15 of directive 2002/60/ec provides for certain measures to be taken following the confirmation of one or more cases of african swine fever in feral pigs. (4) belgium has informed the commission of the current african swine fever situation on its territory, following cases of that disease in the ardennes region of that member state, and in accordance with article 15 of directive 2002/60/ec, it has taken a number of measures including the establishment of an infected area, where the measures referred to in article 15 of that directive are applied, in order to prevent the spread of that disease. (5) in order to prevent any unnecessary disturbance to trade within the union and to avoid unjustified barriers to trade by third countries, it is necessary to identify at union level the infected area for african swine fever in belgium in collaboration with that member state. (6) accordingly, pending the next meeting of the standing committee on plants, animals, food and feed, the infected area in belgium should be listed in the annex to this decision and the duration of that regionalisation fixed. (7) this decision is to be reviewed at the next meeting of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 belgium shall ensure that the infected area established by belgium, where the measures provided for in article 15 of directive 2002/60/ec apply, comprises at least the areas listed in the annex to this decision. article 2 this decision shall apply until 30 november 2018. article 3 this decision is addressed to the kingdom of belgium. done at brussels, 14 september 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) council directive 2002/60/ec of 27 june 2002 laying down specific provisions for the control of african swine fever and amending directive 92/119/eec as regards teschen disease and african swine fever (oj l 192, 20.7.2002, p. 27). annex areas established as infected area in belgium as referred to in article 1 date until applicable the infected area is delimited clockwise by: the border with france the n85 the n83 the n891 rue du pont neuf rue du lieutenant de cr py pont charreau rue de chiny rue de marbehan rue de la civanne rue du moreau the n879: grand-rue the n897 rue des angli res rue du pont de virton rue maurice gr visse rue du 24 ao t the e411/e25 the border with the grand duchy of luxembourg 30 november 2018
name: decision (eu, euratom) 2018/1223 of the representatives of the governments of the member states of 5 september 2018 appointing an advocate-general to the court of justice type: decision subject matter: eu institutions and european civil service date published: 2018-09-11 11.9.2018 en official journal of the european union l 228/1 decision (eu, euratom) 2018/1223 of the representatives of the governments of the member states of 5 september 2018 appointing an advocate-general to the court of justice the representatives of the governments of the member states of the european union, having regard to the treaty on european union, and in particular article 19 thereof, having regard to the treaty on the functioning of the european union, and in particular articles 253 and 255 thereof, having regard to the treaty establishing the european atomic energy community, and in particular article 106a(1) thereof, whereas: (1) the terms of office of 14 judges and 5 advocates-general of the court of justice are due to expire on 6 october 2018. appointments to these posts should therefore be made for the period beginning on 7 october 2018. (2) the term of office of these judges and advocates-general will be six years. (3) mr gerard hogan has been nominated for the post of advocate-general of the court of justice. (4) the panel set up by article 255 of the treaty on the functioning of the european union has given an opinion on the suitability of mr gerard hogan to perform the duties of advocate-general of the court of justice, have adopted this decision: article 1 mr gerard hogan is hereby appointed advocate-general of the court of justice for the period from 7 october 2018 to 6 october 2024. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 5 september 2018. the president n. marschik
name: council decision (eu) 2018/1215 of 16 july 2018 on guidelines for the employment policies of the member states type: decision subject matter: labour market; employment; economic conditions; social affairs; rights and freedoms; education; national accounts date published: 2018-09-05 5.9.2018 en official journal of the european union l 224/4 council decision (eu) 2018/1215 of 16 july 2018 on guidelines for the employment policies of the member states the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 148(2) thereof, having regard to the proposal from the european commission, having regard to the opinion of the european parliament (1), having regard to the opinion of the european economic and social committee (2), after consulting the committee of the regions, having regard to the opinion of the employment committee (3), whereas: (1) member states and the union are to work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce as well as labour markets that are responsive to economic change, with a view to achieving the objectives of full employment and social progress set out in article 3 of the treaty on european union. member states shall regard promoting employment as a matter of common concern and shall coordinate their action in this respect within the council, taking into account national practices related to the responsibilities of management and labour. (2) the union is to combat social exclusion and discrimination and promote social justice and protection, as well as equality between women and men. in defining and implementing its policies and activities, the union is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against poverty and social exclusion, and a high level of education and training. (3) in accordance with the treaty on the functioning of the european union (tfeu), the union has developed and implemented policy coordination instruments for fiscal, macroeconomic and structural policies. as part of these instruments, the present guidelines for the employment policies of the member states, together with the broad guidelines for the economic policies of the member states and of the union set out in council recommendation (eu) 2015/1184 (4), form the integrated guidelines for implementing the europe 2020 strategy. they are to guide policy implementation in the member states and in the union, reflecting the interdependence between the member states. the resulting set of coordinated european and national policies and reforms are to constitute an appropriate overall economic and social policy mix which should achieve positive spill-over effects. (4) the guidelines for the employment policies are consistent with the stability and growth pact, the existing union legislation and various union initiatives, including the council recommendation of 22 april 2013 on establishing a youth guarantee (5), the council recommendation of 15 february 2016 on the integration of the long-term unemployed into the labour market (6), the council recommendation of 19 december 2016 on upskilling pathways (7) and the council recommendation of 15 march 2018 on a european framework for quality and effective apprenticeships (8). (5) the european semester combines the different instruments in an overarching framework for integrated multilateral surveillance of economic, budgetary, employment and social policies and aims to achieve the europe 2020 targets, including those concerning employment, education and poverty reduction, as set out in council decision 2010/707/eu (9). while promoting the policy objectives of boosting investments, pursuing structural reforms, and ensuring responsible fiscal policies, the european semester has been continuously reinforced and streamlined since 2015. its employment and social focus has notably been strengthened, and dialogue with the member states, the social partners and representatives of civil society has been deepened. (6) the union's recovery from the economic crisis is supporting positive labour market trends, but important challenges and disparities in economic and social performance remain between and within member states. the crisis underscored the close interdependence of the member states' economies and labour markets. ensuring that the union progresses to a state of smart, sustainable and inclusive growth and job creation is the key challenge faced today. this requires coordinated, ambitious and effective policy action at both union and national levels, in accordance with the tfeu and the union's provisions on economic governance. combining supply- and demand-side measures, such policy action should encompass a boost for investment, a renewed commitment to appropriately sequenced structural reforms that improve productivity, growth performance, social cohesion and economic resilience in the face of shocks and the exercise of fiscal responsibility, while taking into account their employment and social impact. (7) reforms to the labour market, including the national wage-setting mechanisms, should follow national practices of social dialogue and allow the necessary opportunity for a broad consideration of socioeconomic issues, including improvements in competitiveness, job creation, life-long learning and training policies, as well as real incomes. (8) member states and the union should also address the social consequences of the economic and financial crisis and aim to build an inclusive society in which people are empowered to anticipate and manage change, and in which they can actively participate in society and the economy, as outlined in commission recommendation 2008/867/ec (10). inequality and discrimination should be tackled. access and opportunities for all should be ensured and poverty and social exclusion (including that of children) should be reduced, in particular by ensuring an effective functioning of labour markets and of social protection systems and by removing barriers to education, training and labour-market participation, including investments in early childhood education and care. the potential of people with disabilities to contribute to economic growth and social development should be further realised. as new economic and business models take hold in union workplaces, employment relationships are also changing. member states should ensure that employment relationships stemming from new forms of work maintain and strengthen europe's social model. (9) on 17 november 2017, the european parliament, the council and the commission signed an inter-institutional proclamation for a european pillar of social rights (11), following an extensive and broad public consultation. the pillar sets out twenty principles and rights to support well-functioning and fair labour markets and welfare systems. they are structured around three categories: equal opportunities and access to the labour market, fair working conditions and social protection and inclusion. the pillar constitutes a reference framework to monitor the employment and social performance of member states, to drive reforms at national level and to serve as a compass for a renewed process of convergence across europe. given the relevance of these principles for the coordination of structural policies, the employment guidelines are aligned with the european pillar of social rights principles. (10) the european pillar of social rights is accompanied by a scoreboard that should monitor the implementation and progress of the pillar by tracking trends and performances across member states and assess progress towards upward socioeconomic convergence. this analysis will feed into the european semester of economic policy coordination, where appropriate. (11) the integrated guidelines should form the basis for country-specific recommendations that the council may address to the member states. member states should make full use of the european social fund and other union funds to foster employment, social inclusion, upskilling of the workforce, lifelong learning and education and to improve public administration. while the integrated guidelines are addressed to member states and the union, they should be implemented in partnership with all national, regional and local authorities, closely involving parliaments, as well as the social partners and representatives of civil society. (12) the employment committee and the social protection committee should monitor how the relevant policies are implemented in light of the guidelines for employment policies, in line with their respective treaty-based mandates. these committees and other council preparatory bodies involved in the coordination of economic and social policies should work together closely. policy dialogue between the european parliament, the council and the commission should be maintained, in particular as regards the guidelines for the employment policies of the member states. (13) the social protection committee was consulted, has adopted this decision: article 1 the guidelines for the employment policies of the member states, as set out in the annex, are hereby adopted. these guidelines shall form part of the europe 2020 integrated guidelines. article 2 the member states shall take the guidelines set out in the annex into account in their employment policies and reform programmes, which shall be reported in line with article 148(3) tfeu. article 3 this decision is addressed to the member states. done at brussels, 16 july 2018. for the council the president j. bogner-strauss (1) opinion of 19 april 2018 (not yet published in the official journal). (2) opinion of 14 march 2018 (not yet published in the official journal). (3) opinion of 3 may 2018 (not yet published in the official journal). (4) council recommendation (eu) 2015/1184 of 14 july 2015 on broad guidelines for the economic policies of the member states and of the european union (oj l 192, 18.7.2015, p. 27). (5) oj c 120, 26.4.2013, p. 1. (6) oj c 67, 20.2.2016, p. 1. (7) oj c 484, 24.12.2016, p. 1. (8) oj c 153, 2.5.2018, p. 1. (9) council decision 2010/707/eu of 21 october 2010 on guidelines for the employment policies of the member states (oj l 308, 24.11.2010, p. 46). (10) commission recommendation 2008/867/ec of 3 october 2008 on the active inclusion of people excluded from the labour market (oj l 307, 18.11.2008, p. 11). (11) oj c 428, 13.12.2017, p. 10. annex guideline 5: boosting the demand for labour member states should facilitate the creation of quality jobs, including by reducing the barriers that businesses face in hiring people, by fostering responsible entrepreneurship and genuine self-employment and, in particular, by supporting the creation and growth of micro and small enterprises. member states should actively promote the social economy and foster social innovation. member states should encourage those innovative forms of work which create quality job opportunities. the tax burden should be shifted away from labour to other sources of taxation that are less detrimental to employment and growth, taking account of the redistributive effect of the tax system, while protecting revenue for adequate social protection and growth-enhancing expenditure. member states should, whilst respecting the autonomy of the social partners, encourage transparent and predictable wage-setting mechanisms which allow for the responsiveness of wages to productivity developments and provide fair wages for a decent standard of living. these mechanisms should take into account differences in skills levels and divergences in economic performance across regions, sectors and companies. respecting national practices, member states and the social partners should ensure adequate minimum wage levels, taking into account their impact on competitiveness, job creation and in-work poverty. guideline 6: enhancing labour supply and improving access to employment, skills and competences in the context of technological, environmental and demographic change, member states should promote productivity and employability, in cooperation with the social partners, through an appropriate supply of relevant knowledge, skills and competences throughout people's working lives, responding to current and future labour market needs. member states should make the necessary investment in both initial and continuing education and training (lifelong learning). they should work together with the social partners, education and training providers, enterprises and other stakeholders to address structural weaknesses in education and training systems, to provide quality and inclusive education, training and life-long learning. they should seek to ensure the transfer of training entitlements during professional transitions. this should enable everyone to anticipate and better adapt to labour market needs, and to successfully manage transitions, thus strengthening the overall resilience of the economy to shocks. member states should foster equal opportunities for all in education, including early childhood education. they should raise overall education levels, particularly for the least qualified and learners from disadvantaged backgrounds. they should ensure quality learning outcomes, reinforce basic skills, reduce the number of young people leaving school early, and increase adult participation in continuing education and training. member states should strengthen work-based learning in their vocational education and training systems (including through quality and effective apprenticeships), enhance the labour-market relevance of tertiary education, improve skills monitoring and forecasting, make skills more visible and comparable, and increase opportunities for recognising and validating skills and competences acquired outside formal education and training. they should upgrade and increase the supply and take-up of flexible continuing vocational education and training. member states should also support lowly skilled adults to maintain or develop their long term employability by boosting access to and take up of quality learning opportunities, through the establishment of upskilling pathways, including a skills assessment, an offer of education and training matching labour market opportunities, and the validation and recognition of the skills acquired. unemployment and inactivity should be tackled, including through effective, timely, coordinated and tailor-made assistance based on support for job-search, training, and requalification. comprehensive strategies that include in-depth individual assessment at the latest after 18 months of unemployment should be pursued with a view to significantly reducing and preventing long-term and structural unemployment. youth unemployment and the issue of young people not in employment, education or training, should continue to be addressed through prevention of early school leaving and structural improvement in the school-to-work transition, including through the full implementation of the youth guarantee (1). member states should aim to remove barriers and disincentives to, and provide incentives for, participation in the labour market, in particular for those most removed from the labour market. member states should support an adapted work environment for people with disabilities, including through targeted financial support and services that enable them to participate in the labour market and in society. member states should ensure gender equality and increased labour market participation of women, including through ensuring equal opportunities and career progression and eliminating barriers to participation. the gender pay gap should be tackled, including by ensuring equal pay for equal work, or work of equal value. the reconciliation of work, family and private life for both women and men should be promoted, in particular through access to long-term care and affordable quality early childhood education and care services. member states should ensure that parents and other people with caring responsibilities have access to suitable family leave and flexible working arrangements in order to balance work, family and private life, and to promote a balanced use of these entitlements between women and men. guideline 7: enhancing the functioning of labour markets and the effectiveness of social dialogue in order to benefit from a dynamic and productive workforce, new work patterns and business models, member states should work together with the social partners on flexibility and security principles, balancing rights and obligations. they should reduce and prevent segmentation within labour markets, fight undeclared work and foster the transition towards open-ended forms of employment. employment protection rules, labour law and institutions should all provide both a suitable environment for recruitment, and the necessary flexibility for employers to adapt swiftly to changes in the economic context, while preserving appropriate security and healthy, safe and well-adapted working environments for workers. employment relationships that lead to precarious working conditions should be prevented, including by fighting the abuse of atypical contracts. access to effective and impartial dispute resolution and a right to redress, including adequate compensation, should be ensured in cases of unfair dismissal. policies should aim to improve and support labour-market participation, matching and transitions. member states should effectively activate and enable those who can participate in the labour market. member states should strengthen the effectiveness of active labour-market policies by increasing their targeting, outreach, coverage and better linking them with income support for the unemployed, whilst they are seeking work and based on their rights and responsibilities. member states should aim for more effective and efficient public employment services by ensuring timely and tailor-made assistance to support jobseekers, supporting labour-market demand and implementing performance-based management. member states should provide the unemployed with adequate unemployment benefits of reasonable duration, in line with their contributions and national eligibility rules. such benefits should not disincentivise a prompt return to employment and should be accompanied by active labour market policies. the mobility of learners and workers should be promoted with the aim of enhancing employability skills and exploiting the full potential of the european labour market. barriers to mobility in education and training, in occupational and personal pensions and in the recognition of qualifications should be removed. member states should take action to ensure that administrative procedures are not an unnecessary obstacle to workers from other member states taking up employment. member states should also prevent abuse of the existing rules and address potential brain drain from certain regions. building on existing national practices, and in order to achieve more effective social dialogue and better socioeconomic outcomes, member states should ensure the timely and meaningful involvement of the social partners in the design and implementation of employment, social and, where relevant, economic reforms and policies, including through support for increased capacity of the social partners. the social partners should be encouraged to negotiate and conclude collective agreements in matters relevant to them, fully respecting their autonomy and the right to collective action. where relevant and building on existing national practices, member states should take into account the experience on employment and social issues of relevant civil society organisations. guideline 8: promoting equal opportunities for all, fostering social inclusion and combatting poverty member states should promote inclusive labour markets, open to all, by putting in place effective measures to fight all forms of discrimination and promote equal opportunities for under-represented groups in the labour market. they should ensure equal treatment regarding employment, social protection, education and access to goods and services, regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation. member states should modernise social protection systems to provide effective, efficient, sustainable and adequate social protection throughout all stages of an individual's life, fostering social inclusion and upward social mobility, incentivising labour market participation and addressing inequalities, including through the design of their tax and benefit systems. complementing universal approaches with selective ones will improve effectiveness of social protection systems. the modernisation of social protection systems should lead to better access, sustainability, adequacy and quality. member states should develop and implement preventive and integrated strategies through the combination of the three strands of active inclusion: adequate income support, inclusive labour markets and access to quality services, meeting individual needs. social protection systems should ensure adequate minimum income benefits for everyone lacking sufficient resources and promote social inclusion by encouraging people to actively participate in the labour market and society. the availability of affordable, accessible and quality services such as early childhood education and care, out-of-school care, education, training, housing, health services and long-term care is essential for ensuring equal opportunities, including for women, children and young people. particular attention should be given to fighting poverty and social exclusion, including reducing in-work and child poverty. member states should ensure that everyone has access to essential services. for those in need or in a vulnerable situation, member states should ensure access to adequate social housing or housing assistance. homelessness should be tackled specifically. the specific needs of people with disabilities should be taken into account. member states should ensure timely access to affordable preventive and curative health care and long-term care of good quality, while safeguarding sustainability over the long run. in a context of increasing longevity and demographic change, member states should secure the adequacy and sustainability of pension systems for workers and self-employed, providing equal opportunities for women and men to acquire pension rights, including through supplementary schemes to ensure an adequate income. pension reforms should be supported by measures that extend working lives, such as by raising the effective retirement age, and be framed within active ageing strategies. member states should establish a constructive dialogue with the relevant stakeholders, and allow an appropriate phasing in of the reforms. (1) oj c 120, 26.4.2013, p. 1.
name: council decision (eu) 2018/1195 of 16 july 2018 on the signing, on behalf of the european union, of a protocol to the agreement on the international occasional carriage of passengers by coach and bus (interbus agreement) regarding the international regular and special regular carriage of passengers by coach and bus (text with eea relevance.) type: decision subject matter: organisation of transport; international affairs; european construction; land transport date published: 2018-08-23 23.8.2018 en official journal of the european union l 214/3 council decision (eu) 2018/1195 of 16 july 2018 on the signing, on behalf of the european union, of a protocol to the agreement on the international occasional carriage of passengers by coach and bus (interbus agreement) regarding the international regular and special regular carriage of passengers by coach and bus (text with eea relevance) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 91 in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) in accordance with council decision 2002/917/ec (1), the agreement on the international occasional carriage of passengers by coach and bus (interbus agreement) (2) was concluded, on behalf of the union, on 3 october 2002 and entered into force on 1 january 2003 (3). (2) on 5 december 2014, the council authorised the commission to open negotiations for a protocol to the interbus agreement (the protocol) with the republic of albania, bosnia and herzegovina, the former yugoslav republic of macedonia, republic of moldova, montenegro, republic of turkey and ukraine. (3) the negotiations were successfully concluded during the meeting of the contracting parties to the interbus agreement on 10 november 2017. (4) the protocol should facilitate the provision of regular and special regular services between the contracting parties to the interbus agreement and hence give rise to improved passenger transport links between them. (5) as regards general rules, notably the operation of the joint committee, and in order to facilitate its application, the draft protocol largely mirrors the rules established in the interbus agreement. (6) in order for its benefits not to be excessively delayed and similarly to what the interbus agreement stipulates, the protocol provides for its entry into force, for the contracting parties that have approved or ratified it, when four contracting parties, including the union, have approved or ratified it. (7) therefore, the protocol should be signed on behalf of the union, subject to its conclusion at a later date, has adopted this decision: article 1 the signing of the protocol to the agreement on the international occasional carriage of passengers by coach and bus (interbus agreement) regarding the international regular and special regular carriage of passengers by coach and bus is hereby approved on behalf of the union, subject to its conclusion (4). article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the protocol on behalf of the union. article 3 this decision shall enter into force on the date of its adoption. done at brussels, 16 july 2018. for the council the president j. bogner-strauss (1) council decision 2002/917/ec of 3 october 2002 on the conclusion of the interbus agreement on the international occasional carriage of passengers by coach and bus (oj l 321, 26.11.2002, p. 11). (2) oj l 321, 26.11.2002, p. 13. (3) oj l 321, 26.11.2002, p. 44. (4) the text of the protocol will be published together with the decision on its conclusion.
name: commission implementing decision (eu) 2018/1192 of 11 july 2018 on the activation of enhanced surveillance for greece (notified under document c(2018) 4495) type: decision_impl subject matter: economic analysis; economic policy; monetary economics; economic conditions; national accounts; monetary relations; europe; public finance and budget policy date published: 2018-08-22 22.8.2018 en official journal of the european union l 211/1 commission implementing decision (eu) 2018/1192 of 11 july 2018 on the activation of enhanced surveillance for greece (notified under document c(2018) 4495) (only the greek text is authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 472/2013 of the european parliament and of the council of 21 may 2013 on the strengthening of economic and budgetary surveillance of member states in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (1), and in particular article 2(1) thereof, whereas: (1) since 2010, greece has been receiving financial assistance by the euro area member states. specifically, in support of the first macroeconomic adjustment programme, between may 2010 and december 2011 greece received eur 52 900 million of bilateral loans from euro area member states whose currency is the euro, pooled by the commission under the greek loan facility; in support of the second macroeconomic adjustment programme, between march 2012 and february 2015 greece received additional loans provided by the european financial stability facility of eur 130 900 million (2); and between august 2015 and june 2018 greece received an additional amount of eur 59 900 million (3) in form of loans from the european stability mechanism. altogether, greece's outstanding liabilities towards the euro area member states, the european financial stability facility and the european stability mechanism come to a total amount of eur 243 700 million. in addition, in support of the first and second economic adjustment programmes, greece also received financial assistance from the international monetary fund, amounting to eur 32 100 million. (2) the european stability mechanism financial assistance will expire on 20 august 2018. (3) the policy conditions for the european stability mechanism financial assistance were laid down in council implementing decision (eu) 2016/544 (4), which was subsequently amended by council implementing decision (eu) 2017/1226 (5). the policy conditionality was further detailed in an european stability mechanism memorandum of understanding on specific economic and policy conditionality ('memorandum of understanding') signed by the commission, on behalf of the european stability mechanism, and by greece on 19 august 2015 and its subsequent four amendments. (4) in the framework of the european stability mechanism financial assistance, greece has implemented a large number of reforms covering the wide array of policy areas of (i) fiscal sustainability; (ii) financial stability; (iii) structural reforms to enhance competitiveness and growth; and (iv) public administration. building on the substantial number of actions implemented under the programme, key institutional and structural reforms should be continued over the medium term so as to ensure their completion and full effectiveness. (5) as a result of the actions undertaken by the greek government, fiscal and external flow imbalances have been largely corrected. the general government balance was positive in 2016 and 2017 and greece is on track to meet the primary surplus target of 3,5 % of gross domestic product in 2018 and over the medium term. external net lending turned positive in 2015, and showing only small deficits thereafter. the economy has started to recover, with growth at 1,4 % in 2017, and unemployment is on a declining path. greece has improved its ranking in the structural components of leading comparative country performance indicators. (6) even so, notwithstanding the reform, greece continues to experience significant legacy stock imbalances and vulnerabilities. in particular, as is also identified by the commission's 2018 alert mechanism report (prepared in accordance with articles 3 and 4 of regulation (eu) no 1176/2011 of the european parliament and of the council (6)), greece faces the following difficulties. following its peak of 180,8 % of gross domestic product end-2016, public debt remained at 178,6 % of gross domestic product end-2017, the highest level in the union. the net international investment position of close to 140 % of gross domestic product in 2016 also remains highly elevated; moreover, in spite of the current account being close to balance, it is still insufficient to support a reduction of the large net international investment position to prudent levels at a satisfactory pace. unemployment, while declining from its peak of 27,9 % in 2013, still stood at 20,1 % in march 2018. long-term unemployment (15,3 % at the end of 2017) and youth unemployment (43,8 % in march 2018) also remain very high. the business environment still needs considerable further improvement as greece still lags far behind the best-performance frontier in several areas of the structural components of leading comparative economic performance indicators (e.g. enforcing contracts, registering property, resolving insolvency, etc.). (7) while the banking sector remains sufficiently capitalised, it continues to face challenges linked to low levels of profitability, large stocks of non-performing exposures; there remain strong links with the state. at end-march 2018, the stock of non-performing exposures was still very high at eur 92,4 billion or 48,5 % of total on-balance-sheet exposures. greece has adopted key legislation under the european stability mechanism financial assistance to facilitate the clean-up of banks' balance sheets, but continuous efforts will be needed to bring the non-performing-exposure ratio to sustainable levels, and enable financial institutions to fulfil their intermediation and risk management function at all times. moreover, a roadmap for the relaxation of capital controls exists, with the objective to restore depositor confidence. while some capital controls have been relaxed, further work should be pursued on the basis of agreed benchmarks. (8) having been cut off from financial market borrowing since 2010, greece started to regain market access through issuances of government bonds as from july 2017. however, amidst episodes of volatility in the financial markets, greek bond yields remain at elevated levels relative to other euro area member states, and greece's borrowing conditions remain fragile against the background of external economic risks. further efforts thus need to be undertaken to secure continuous and stable market access for the sovereign. (9) in light of the above, the commission concludes that greece continues to face risks with respect to its financial stability which, if they materialise, could have adverse spill-over effects on other euro area member states. should any spill-over effects materialise, they could occur indirectly by impacting investor confidence and thus refinancing costs for banks and sovereigns in other euro area member states. (10) on 22 june 2018, the eurogroup politically agreed to implement additional measures to ensure debt sustainability. greece has a high stock of general government debt which stood at 178,6 % of gross domestic product end-2017. greece has already benefited from generous financial support from european partners on concessional terms and specific measures to place debt on a more sustainable footing were adopted in 2012 and again by the european stability mechanism in 2017. the debt sustainability analysis of june 2018 produced by the commission in liaison with the european central bank and in cooperation with the european stability mechanism found that, absent further measures, there were significant risks to debt sustainability, as greece's gross financing needs were projected to rise above 20 % of gross domestic product over the long term, a threshold set by the eurogroup as a benchmark against which risks to debt sustainability would be assessed. the measures agreed by the eurogroup on 22 june 2018 on that basis include the extension of weighted average maturities by an additional 10 years, the deferral of interest and amortisation by an additional 10 years as well as the implementation of other debt measures. combined with a disbursement of eur 15 000 million, through which the cash buffer is projected to cover sovereign debt financing needs for around 22 months following the end of the programme, those measures are projected under the baseline assumptions of the commission to be sufficient to ensure debt sustainability and ensure that gross financing needs will remain below 20 % of gross domestic product up to 2060. under an adverse scenario, the medium-term measures agreed by the eurogroup would make a positive contribution to debt sustainability for some time and would ensure gross-financing-need ratios remain below the agreed thresholds until 2036. the eurogroup agreed to review at the end of the european financial stability facility grace period in 2032, whether additional debt measures are needed to ensure the respect of the agreed gross-financing-need targets, provided that the european union fiscal framework is respected, and take appropriate actions, if needed. (11) nonetheless, over the medium term, greece needs to continue adopting measures to address the sources or potential sources of difficulties and implementing structural reforms to support a robust and sustainable economic recovery, in light of the legacy effects of several factors. these factors include the severe and protracted downturn during the crisis; the size of greece's debt burden; its financial sector vulnerabilities; the continued relatively strong interlinkages between the financial sector and the greek public finances, including through state ownership; the risk of contagion of severe tensions in either of those sectors to other member states, as well as euro area member states' exposure to the greek sovereign. (12) to that end, greece has made a commitment in the eurogroup to continue and complete all key reforms adopted under the european stability mechanism financial assistance and to ensure that the objectives of the important reforms adopted under the financial assistance programmes are safeguarded. (13) greece has also committed to implement specific actions in the areas of fiscal and fiscal-structural policies, social welfare, financial stability, labour and product markets, privatisation and public administration. those specific actions, which are set out in an annex to the eurogroup statement of 22 june 2018, will contribute to address potential sources of economic difficulties. (14) in order to address residual risks and monitor the fulfilment of the commitments geared thereto, it appears necessary and appropriate to subject greece to enhanced surveillance pursuant to article 2(1) of regulation (eu) no 472/2013. (15) greece was officially consulted, also via a formal letter sent on 4 july 2018, and given the opportunity to express its views on the assessment of the commission. in its response on 6 july 2018, greece concurred with the commission's assessment of the economic challenges the country is facing, which is the basis for activating enhanced surveillance. (16) greece will continue to benefit from technical support under the structural reform support programme (as laid down in regulation (eu) 2017/825 of the european parliament and the council (7)) for the design and implementation of reforms, including for the continuation and completion of key reforms in line with the policy commitments monitored under enhanced surveillance. (17) the commission intends to closely collaborate with the european stability mechanism, in the context of its early warning system, in implementing the enhanced surveillance, has adopted this decision: article 1 greece shall be subject to enhanced surveillance under article 2(1) of regulation (eu) no 472/2013 for a period of six months, commencing on 21 august 2018. article 2 this decision is addressed to the hellenic republic. done at brussels, 11 july 2018. for the commission pierre moscovici member of the commission (1) oj l 140, 27.5.2013, p. 1. (2) net of efsf bonds in the value of eur 10 900 million transferred to the hellenic financial stability facility in march 2012 and returned in february 2015. (3) net of eur 2 000 million loans for bank recapitalisation which were repaid in february 2017. (4) council implementing decision (eu) 2016/544 of 19 august 2015 approving the macroeconomic adjustment programme of greece (2015/1411) (oj l 91, 7.4.2016, p. 27). (5) council implementing decision (eu) 2017/1226 of 30 june 2017 amending implementing decision (eu) 2016/544 approving the macroeconomic adjustment programme of greece(2015/1411) (oj l 174, 7.7.2017, p. 22). (6) regulation (eu) no 1176/2011 of the european parliament and of the council of 16 november 2011 on the prevention and correction of macroeconomic imbalances (oj l 306, 23.11.2011, p. 25). (7) regulation (eu) 2017/825 of the european parliament and the council of 17 may 2017 on the establishment of the structural reform support programme for the period 2017 to 2020 and amending regulations (eu) no 1303/2013 and (eu) no 1305/2013 (oj l 129, 19.5.2017, p. 1).
name: commission implementing decision (eu) 2018/1193 of 21 august 2018 terminating the anti-dumping proceeding concerning imports of silicon originating in bosnia and herzegovina and in brazil type: decision_impl subject matter: america; iron, steel and other metal industries; trade; competition; international trade; europe date published: 2018-08-22 22.8.2018 en official journal of the european union l 211/5 commission implementing decision (eu) 2018/1193 of 21 august 2018 terminating the anti-dumping proceeding concerning imports of silicon originating in bosnia and herzegovina and in brazil the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) 2016/1036 of the european parliament and of the council of 8 june 2016 on protection against dumped imports from countries not members of the european union (1) (the basic regulation), and in particular article 9(1) thereof, whereas: a. initiation and procedure (1) on 19 december 2017, the european commission (the commission) initiated an anti-dumping investigation with regard to imports into the union of silicon originating in bosnia and herzegovina and in brazil and published a notice of initiation to this effect in the official journal of the european union (2). (2) the investigation was initiated following a complaint lodged by ferroatl ntica and ferropem (the complainants), representing more than 85 % of the total union production of silicon. the complaint contained prima facie evidence of injurious dumping that was considered sufficient to justify the initiation. (3) the commission informed the complainants, the known exporting producers in bosnia and herzegovina and in brazil, the known importers and users and any other parties known to be concerned, as well as representatives of bosnia and herzegovina and brazil of the initiation of the investigation. interested parties were given an opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. b. withdrawal of the complaint and termination of the proceeding (4) by email of 7 may 2018, the complainants informed the commission that they wished to withdraw the complaint. (5) in accordance with article 9(1) of the basic regulation, proceedings may be terminated where the complaint is withdrawn, unless such termination would not be in the union interest. (6) the investigation has not brought to light any considerations showing that such termination would be against the union interest. therefore, the commission considered that the investigation into imports into the union of silicon originating in bosnia and herzegovina and in brazil should be terminated. (7) interested parties were informed accordingly and were given an opportunity to comment. however, the commission received no comments which would justify that termination would not be in the union interest. (8) the commission therefore concludes that the anti-dumping proceeding concerning imports into the union of silicon originating in bosnia and herzegovina and in brazil should be terminated without the imposition of measures. (9) this decision is in accordance with the opinion of the committee established by article 15(1) of the basic regulation, has adopted this decision: article 1 the anti-dumping proceeding concerning imports of silicon with a silicon content of less than 99,99 % by actual weight, originating in bosnia and herzegovina and in brazil, currently falling within cn code 2804 69 00, is hereby terminated. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 21 august 2018. for the commission the president jean-claude juncker (1) oj l 176, 30.6.2016, p. 21. (2) notice of initiation of an anti-dumping proceeding concerning imports of silicon originating in bosnia and herzegovina and in brazil (oj c 438, 19.12.2017, p. 39).
name: commission implementing decision (eu) 2018/1136 of 10 august 2018 on risk mitigation and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry (notified under document c(2018) 5243) (text with eea relevance.) type: decision_impl subject matter: health; agricultural activity; agricultural policy; natural environment date published: 2018-08-14 14.8.2018 en official journal of the european union l 205/48 commission implementing decision (eu) 2018/1136 of 10 august 2018 on risk mitigation and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry (notified under document c(2018) 5243) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 2005/94/ec of 20 december 2005 on community measures for the control of avian influenza and repealing directive 92/40/eec (1), and in particular article 3 and article 63(3) thereof, whereas: (1) avian influenza is an infectious viral disease in birds, including poultry. infections with avian influenza viruses in domestic poultry cause two main forms of that disease that are distinguished by the virulence of the virus. the low pathogenic form generally only causes mild symptoms, while the highly pathogenic form results in very high mortality rates in most poultry species. that disease may have a severe impact on the health of domestic and wild birds and the profitability of poultry farming. (2) directive 2005/94/ec sets out the minimum control measures to be applied in the event of an outbreak of that disease in poultry or other captive birds and also provides for certain preventive measures relating to the surveillance and the early detection of avian influenza. (3) wild birds, in particular migratory water birds, are known to be the natural host for avian influenza viruses of low pathogenicity which they carry, usually without showing signs of that disease, during their seasonal migratory movements. however, since 2005, highly pathogenic avian influenza (hpai) viruses of the h5 subtype have shown to be able to infect migratory birds which can then spread these viruses over long distances between continents. (4) the presence of avian influenza viruses and in particular hpai viruses in wild birds poses a continual threat for the direct and indirect introduction of these viruses into holdings where poultry or other captive birds are kept, in particular during the seasonal movements of migratory birds, with the risk of subsequent virus spread from an infected holding to other holdings liable to cause significant economic losses. (5) the european food safety authority (efsa) adopted on 14 september 2017 a comprehensive scientific opinion on avian influenza (2), confirming that the strict implementation of biosecurity measures plays a key role in preventing the spread of hpai viruses from wild birds to poultry and other captive birds (the 2017 efsa opinion). (6) the 2017 efsa opinion lists the most relevant biosecurity measures to be applied continuously in different poultry husbandry systems including small size farms. it also states that certain general biosecurity principles universally apply to poultry holdings, while unique features for each holding need to be considered for optimised protection based on expert advice. (7) the 2017 efsa opinion assessed and identified risks for hpai virus introduction into poultry holdings, such as the keeping together of domestic ducks and geese with other poultry species, and the risks related to certain activities, such as the release of poultry for restocking supplies of game birds, and it proposed measures to mitigate these risks. (8) the 2017 efsa opinion concluded that the passive surveillance of wild birds is the most effective means for the early detection of the presence of hpai viruses in wild birds, where the hpai virus infections are associated with mortality and it recommended the sampling and laboratory testing of wild bird target species. subsequently, efsa published a list of wild bird target species in its scientific report on avian influenza approved on 18 december 2017 (3). (9) in a scientific report on avian influenza approved on 22 march 2018 (4), efsa stated that there have not been any reported cases of human infection due to a(h5n8) or the newly emerged a(h5n5) and a(h5n6) viruses representing a reassortment of a(h5) clade 2.3.4.4 viruses with local european viruses donating the n5 or n6 gene. the a(h5n8), a(h5n5) and a(h5n6) viruses are considered to be predominantly adapted to avian species. (10) the 2017 efsa opinion also concluded that in certain epidemiological situations, it may be appropriate that member states temporarily intensify certain preventive measures around the place where the hpai virus infection was confirmed in a wild bird or in its faeces, in particular in order to assess, if transmission to poultry holdings has occurred and if biosecurity measures are effectively applied to prevent virus introduction. (11) in order to target the bird populations that are most at risk of avian influenza infection and to ensure the effectiveness of the measures laid down in this decision, certain preventive measures should therefore be targeted at holdings keeping poultry. (12) commission implementing decision (eu) 2017/263 (5) provided for risk mitigating and reinforced biosecurity measures to reduce the risk of the transmission of hpai viruses from wild birds to poultry by preventing direct and indirect contacts between these populations, and it required the member states to identify the areas of their territory that are at particular risk for the introduction of hpai viruses into holdings where poultry or other captive birds are kept (high risk areas), taking into account, amongst other things, the epidemiological situation and specific risk factors. that implementing decision applied until 30 june 2018. (13) the measures laid down in implementing decision (eu) 2017/263 should therefore be reviewed taking into account the current epidemiological situation in poultry, other captive birds and in wild birds in the union and in risk-relevant third countries, the 2017 efsa opinion and subsequent scientific reports on avian influenza and the member states' experience gained in the implementation of the measures laid down in that implementing decision. (14) accordingly, in view of the ongoing threat of hpai virus transmission by infected wild birds, and the risk of outbreaks in holdings where poultry or other captive birds are kept, updated measures, taking into account the results of the review of implementing decision (eu) 2017/263, should therefore be laid down in this decision. (15) the experience gained in the implementation of the measures laid down in implementing decision (eu) 2017/263 shows that certain derogations from risk mitigation and reinforced biosecurity measures are necessary in order for individual member states to be able to adapt these measures to the changing epidemiological situation. (16) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 subject matter and scope this decision lays down risk mitigation measures, certain reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the introduction of highly pathogenic avian influenza (hpai) viruses into holdings, as well as measures to raise awareness among owners and others involved in the poultry sector of such risks and of the necessity to implement or reinforce biosecurity measures on their holdings. article 2 definitions for the purposes of this decision, the definitions set out in article 2 of directive 2005/94/ec shall apply. article 3 identification of high risk areas for the introduction and spread of hpai viruses 1. member states shall identify the areas of their territory that are at particular risk for the introduction of hpai viruses into holdings (high risk areas), taking into account: (a) the risk factors for the introduction of hpai viruses into holdings, in particular with respect to: (i) their geographical location in areas in member states through which migratory birds are travelling or where these birds are resting during their migratory movements after having entered the union in particular via the north-eastern and eastern migratory routes; (ii) their proximity to wet areas, ponds, swamps, lakes, rivers or the sea where migratory birds, in particular those of the orders anseriformes and charadriiformes, may gather and have their stop-over places; (iii) their geographical location in areas with a high density of migratory birds, particularly water birds; (iv) poultry kept in open-air holdings, where contact between wild birds and poultry cannot be prevented or sufficiently controlled; (v) current and past detections of hpai viruses in poultry, other captive birds and wild birds; (b) the risk factors for the spread of hpai viruses within holdings and between holdings, in particular, where: (i) the geographical location of the holding is in an area with a high density of holdings, in particular those keeping ducks and geese and any poultry with open-air access; (ii) the intensity of movements of vehicles transporting poultry and of persons within and from holdings, and where other direct and indirect contacts between holdings is high; (c) risk assessments and scientific advice in relation to the relevance of the spread of hpai viruses by wild birds carried out by the european food safety authority (efsa) and by national and international risk assessment bodies; (d) the results of surveillance programmes carried out in accordance with article 4 of directive 2005/94/ec. 2. member states shall ensure that stakeholders active in the poultry sector, including small-size holdings are informed by the most appropriate means about the delineation of the high risk areas identified in accordance with paragraph 1. 3. member states shall keep the extent of the delineation of the high risk areas under constant review. article 4 risk mitigation and reinforced biosecurity measures 1. member states shall continuously monitor the specific epidemiological situation on their territory, taking also into account the threats posed by the detection of hpai in poultry, other captive birds and wild birds in other member states and nearby third countries, as well as the risk assessments referred to in article 3(1)(c). 2. member states shall take appropriate and practicable measures in high risk areas to reduce the risk of the transmission of hpai viruses from wild birds to poultry. 3. the risk mitigation and reinforced biosecurity measures shall be aimed at preventing wild birds, and in particular migratory water birds, from coming into direct or indirect contact with poultry and in particular ducks and geese. 4. depending on the assessment of the epidemiological situation referred to in paragraph 1, member states shall prohibit the following activities in high risk areas: (a) the keeping together of ducks and geese with other poultry species, unless: (i) the risk of virus introduction is deemed insignificant due to the characteristics of the holding and the risk mitigation measures in place that are considered sufficient by the competent authority; or (ii) poultry species other than ducks and geese are used as sentinels according to the provisions of the competent authority; (b) the keeping of poultry in the open air, unless: (i) the poultry are protected against contact with wild birds with nets, roofs, horizontal fabrics or by other appropriate means to prevent contact; or (ii) the poultry are supplied with feed and water indoors or under a shelter which sufficiently discourages the access of wild birds and thereby prevents contact by wild birds with the feed or water intended for the poultry; (c) the use of outdoor water reservoirs for poultry; unless required for animal welfare reasons for certain poultry and they are sufficiently screened against wild birds; (d) the provision of water to poultry from surface water reservoirs that can be accessed by wild birds; unless the water undergoes treatment that ensures the inactivation of avian influenza viruses; (e) the gathering of poultry and other captive birds at markets, shows, exhibitions and cultural events; unless such events are organised and managed in such a way that the risk of virus spread by possibly infected birds to other birds is reduced to a minimum; (f) the use of decoy birds of the orders anseriformes and charadriiformes; unless they are used in the framework of a surveillance programme for avian influenza carried out in accordance with article 4 of directive 2005/94/ec, research projects, ornithological studies or any other activity permitted by the competent authority; (g) the release of poultry for restocking supplies of game birds; unless authorised by the competent authorities under the condition that: (i) these activities are separated from other holdings; and (ii) the poultry for restocking have been tested virologically in accordance with point 4(a) of chapter iv of the diagnostic manual for avian influenza set out in the annex to commission decision 2006/437/ec (6) with negative results for avian influenza on samples taken from each production unit within 48 hours before their release. 5. member states may, on the basis of the regular review of the measures in accordance with article 5, extend or limit the scope and the period of application of the risk mitigation and reinforced biosecurity measures referred to in paragraph 4. 6. member states shall encourage the poultry sector to support training activities on risk mitigation and reinforced biosecurity measures for poultry owners, to develop holding-specific biosecurity plans and to monitor the application of biosecurity measures. article 5 maintenance and review of risk mitigation and reinforced biosecurity measures applied in high risk areas 1. member states shall maintain the measures applied pursuant to article 4(4) in the high risk areas for the time period during which the heightened risk for hpai virus introduction and spread persists on their territory. 2. member states shall regularly review the measures they have taken pursuant to article 4(4) in order to adjust and adapt them to the prevailing epidemiological situation, in particular as regards the risks posed by wild birds. 3. member states shall base the review referred to in paragraph 2 on the assessment of the following factors: (a) the development of the disease situation in wild birds, the epidemiological curve, namely, the number of new infections per time unit, the mapping of positive and negative findings and the dynamics of infection; (b) the presence of species of migratory and sedentary wild birds, in particular those identified as target species for avian influenza surveillance; (c) the occurrence of hpai outbreaks in poultry and other captive birds, in particular as a consequence of primary virus introduction from wild birds; (d) the detection of hpai in poultry, other captive birds and wild birds during ongoing surveillance; (e) the hpai virus subtype or subtypes, virus evolution and the potential relevance to human health; (f) the epidemiological situation for hpai in wild birds, poultry and other captive birds on the territory of nearby member states and third countries and risk assessments performed by efsa, national and international risk assessment bodies; (g) the level of implementation and efficiency of the measures laid down in this decision. article 6 awareness raising member states shall ensure that the necessary measures are in place to raise awareness among stakeholders active in the poultry sector including small-size holdings of the risks for hpai virus introduction into holdings and to provide them with the most appropriate information on risk mitigation and reinforced biosecurity measures as provided for in article 4, in particular the measures to be enforced in high risk areas, by the means best suited to bring such information to their attention. member states shall also raise awareness of groups involved in wildlife activities including ornithologists, bird watchers and hunters. article 7 early detection systems in poultry flocks 1. member states shall introduce or reinforce existing early detection systems aimed at rapid reporting by the owners to the competent authority of any sign of hpai virus presence in flocks of poultry kept on holdings located in high risk areas. 2. the systems referred to in paragraph 1 shall, at least, consider as relevant parameters that indicate the likely presence of disease, a significant drop in feed and water intake and in egg production, the observed mortality rate and any clinical sign or post-mortem lesion suggesting hpai virus presence taking into account a variation of these parameters in different poultry species and production types. article 8 increased surveillance in wild birds 1. member states shall ensure that increased surveillance of wild bird populations and further monitoring for dead or sick birds is carried out in accordance with the guidelines on the implementation of surveillance programmes for avian influenza in wild birds set out in annex ii to commission decision 2010/367/eu (7) adopted in accordance with article 4(2) of directive 2005/94/ec. 2. member states may target sampling and laboratory testing of wild birds on species and geographical areas previously unaffected by hpai. article 9 additional temporary measures in the event of confirmation of cases of hpai in wild birds 1. where the presence of the hpai virus is confirmed in samples taken from one or more wild birds or their faeces and where an increased risk for virus introduction into holdings or a possible risk for public health has been identified, member states shall take additional temporary measures in the vicinity of that finding, which shall include: (a) the implementation of risk mitigation and reinforced biosecurity measures in accordance with article 4; (b) increased surveillance in wild birds in accordance with article 8; (c) if necessary, epidemiological investigations and visits to holdings including as appropriate, sampling and testing for hpai; (d) the introduction and reinforcement of early detection systems in accordance with article 7. 2. member states may limit the application of some of the measures referred to in paragraph 1, if the risk of the introduction of the hpai virus is deemed by the competent authority to be negligible for certain parts of the their territory or certain types of holdings. article 10 compliance and information obligations 1. member states shall arrange for the monitoring of the implementation by owners and the poultry sector of the measures laid down in this decision. 2. member states shall inform the commission and the other member states in the framework of the standing committee on plants, animals, food and feed about the measures that they take to comply with this decision. article 11 addressees this decision is addressed to the member states. done at brussels, 10 august 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 10, 14.1.2006, p. 16. (2) efsa journal 2017;15(10):4991. (3) efsa journal 2017;15(12):5141. (4) efsa journal 2018;16(3):5240. (5) commission implementing decision (eu) 2017/263 of 14 february 2017 on risk mitigating and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry (oj l 39, 16.2.2017, p. 6). (6) commission decision 2006/437/ec of 4 august 2006 approving a diagnostic manual for avian influenza as provided for in council directive 2005/94/ec (oj l 237, 31.8.2006, p. 1). (7) commission decision 2010/367/eu of 25 june 2010 on the implementation by member states of surveillance programmes for avian influenza in poultry and wild birds (oj l 166, 1.7.2010, p. 22).
name: commission implementing decision (eu) 2018/1112 of 3 august 2018 renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize ga21 (mon- 21-9) pursuant to regulation (ec) no 1829/2003 of the european parliament and of the council (notified under document c(2018) 5020) (text with eea relevance.) type: decision_impl subject matter: marketing; health; agricultural activity; plant product; technology and technical regulations; foodstuff date published: 2018-08-10 10.8.2018 en official journal of the european union l 203/26 commission implementing decision (eu) 2018/1112 of 3 august 2018 renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize ga21 (mon-21-9) pursuant to regulation (ec) no 1829/2003 of the european parliament and of the council (notified under document c(2018) 5020) (only the dutch and french texts are authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (ec) no 1829/2003 of the european parliament and of the council of 22 september 2003 on genetically modified food and feed (1), and in particular article 11(3) and article 23(3) thereof, whereas: (1) commission decision 2008/280/ec (2) authorised the placing on the market of food and feed containing, consisting of, or produced from genetically modified maize ga21 (hereinafter maize ga21). the scope of that authorisation also covered products other than food and feed containing or consisting of maize ga21, for the same uses as any other maize with the exception of cultivation. (2) on 6 october 2016, syngenta france sas submitted to the commission, on behalf of syngenta crop protection ag, switzerland, an application, in accordance with articles 11 and 23 of regulation (ec) no 1829/2003, for the renewal of that authorisation. (3) on 24 october 2017, the european food safety authority (efsa) issued a favourable opinion in accordance with articles 6 and 18 of regulation (ec) no 1829/2003. based on the data provided, it concluded (3) that there was no evidence in the renewal application for new hazards, modified exposure or scientific uncertainties that would change the conclusions of the original risk assessment (4) on maize ga21. (4) in its opinion, efsa considered all the specific questions and concerns raised by the member states in the context of the consultation of the national competent authorities as provided for by article 6(4) and article 18(4) of regulation (ec) no 1829/2003. (5) efsa also concluded that the environmental monitoring plan submitted by the applicant, consisting of a general surveillance plan, was in line with the intended uses of the products. (6) by a letter dated 27 february 2018, syngenta france sas asked the transfer of its rights and obligations as authorisation holder of decision 2008/280/ec to syngenta crop protection nv/sa, belgium. by a letter dated 27 february 2018, syngenta crop protection nv/sa, belgium, confirmed its agreement to this transfer and indicated that it acts as representative in the union of syngenta crop protection ag, switzerland. (7) taking into account those considerations, the authorisation for the placing on the market of food and feed containing, consisting of, or produced from maize ga21 and of products consisting of it or containing it for other uses than food or feed, with the exception of cultivation, should be renewed. (8) a unique identifier has been assigned to maize ga21 by decision 2008/280/ec, in accordance with commission regulation (ec) no 65/2004 (5). that unique identifier should continue to be used. (9) on the basis of the efsa opinion, no specific labelling requirements, other than those provided for in article 13(1) and article 25(2) of regulation (ec) no 1829/2003 and in article 4(6) of regulation (ec) no 1830/2003 of the european parliament and of the council (6), appear to be necessary for the products covered by this decision. however, in order to ensure that the use of products containing or consisting of maize ga21 remains within the limits of the authorisation granted by this decision, the labelling of those products, with the exception of food products, should contain a clear indication that the products in question are not intended for cultivation. (10) the authorisation holder should submit annual reports on the implementation and on the results of the activities set out in the environmental monitoring plan. these results should be presented in accordance with commission decision 2009/770/ec (7). (11) all relevant information on the authorisation of the products should be entered in the community register of genetically modified food and feed referred to in regulation (ec) no 1829/2003. (12) this decision is to be notified through the biosafety clearing-house to the parties to the cartagena protocol on biosafety to the convention on biological diversity, pursuant to article 9(1) and article 15(2)(c) of regulation (ec) no 1946/2003 of the european parliament and of the council (8). (13) the standing committee on plants, animals, food and feed has not delivered an opinion within the time limit laid down by its chairman. this implementing act was deemed to be necessary and the chair submitted it to the appeal committee for further deliberation. the appeal committee did not deliver an opinion, has adopted this decision: article 1 genetically modified organism and unique identifier genetically modified maize (zea mays l.) ga21, as specified in point (b) of the annex to this decision, is assigned the unique identifier mon-21-9, in accordance with regulation (ec) no 65/2004. article 2 renewal of the authorisation the authorisation for the placing on the market of the following products is renewed in accordance with the conditions set out in this decision: (a) food and food ingredients containing, consisting of or produced from maize ga21; (b) feed containing, consisting of or produced from maize ga21; (c) maize ga21 in products containing it or consisting of it for any other use than those provided for in points (a) and (b), with the exception of cultivation. article 3 labelling 1. for the purposes of the labelling requirements laid down in article 13(1) and article 25(2) of regulation (ec) no 1829/2003 and in article 4(6) of regulation (ec) no 1830/2003, the name of the organism shall be maize. 2. the words not for cultivation shall appear on the label of and in the documents accompanying the products containing or consisting of maize ga21, with the exception of food and food ingredients. article 4 method for detection the method set out in point (d) of the annex shall apply for the detection of maize ga21. article 5 monitoring for environmental effects 1. the authorisation holder shall ensure that the monitoring plan for environmental effects, as set out in point (h) of the annex is put in place and implemented. 2. the authorisation holder shall submit to the commission annual reports on the implementation and the results of the activities set out in the monitoring plan in accordance with decision 2009/770/ec. article 6 community register the information set out in the annex to this decision shall be entered in the community register of genetically modified food and feed referred to in article 28 of regulation (ec) no 1829/2003. article 7 authorisation holder the authorisation holder shall be syngenta crop protection ag, switzerland, represented by syngenta crop protection nv/sa, belgium. article 8 validity this decision shall apply for a period of 10 years from the date of its notification. article 9 addressee this decision is addressed to syngenta crop protection nv/sa, avenue louise 489, 1050 brussels, belgium. done at brussels, 3 august 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 268, 18.10.2003, p. 1. (2) commission decision 2008/280/ec of 28 march 2008 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize ga21 (mon-21-9) pursuant to regulation (ec) no 1829/2003 of the european parliament and of the council (oj l 87, 29.3.2008, p. 19). (3) scientific opinion on the assessment of genetically modified maize ga21 for renewal of authorisation under regulation (ec) no 1829/2003 (application efsa-gmo-rx-005). efsa journal 2017;15(10):5006. (4) opinion of the scientific panel on genetically modified organisms on applications (references efsa-gmo-uk-2005-19 and efsa-gmo-rx-ga21) for the placing on the market of glyphosate-tolerant genetically modified maize ga21, for food and feed uses, import and processing and for renewal of the authorisation of maize ga21 as existing product, both under regulation (ec) no 1829/2003 from syngenta seeds s.a.s. on behalf of syngenta crop protection ag. efsa journal (2007) 541, 1-25. (5) commission regulation (ec) no 65/2004 of 14 january 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms (oj l 10, 16.1.2004, p. 5). (6) regulation (ec) no 1830/2003 of the european parliament and of the council of 22 september 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending directive 2001/18/ec (oj l 268, 18.10.2003, p. 24). (7) commission decision 2009/770/ec of 13 october 2009 establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of genetically modified organisms, as or in products, for the purpose of placing on the market, pursuant to directive 2001/18/ec of the european parliament and of the council (oj l 275, 21.10.2009, p. 9). (8) regulation (ec) no 1946/2003 of the european parliament and of the council of 15 july 2003 on transboundary movements of genetically modified organisms (oj l 287, 5.11.2003, p. 1). annex (a) applicant and authorisation holder: name : syngenta crop protection ag address : schwarzwaldallee 215, ch-4058 basel, switzerland represented by syngenta crop protection nv/sa, avenue louise 489, 1050 brussels, belgium. (b) designation and specification of the products: (1) food containing, consisting of, or produced from maize ga21; (2) feed containing, consisting of, or produced from maize ga21; (3) maize ga21 in products containing it or consisting of it for any other use than those provided for in points (1) and (2), with the exception of cultivation. maize ga21, as described in the application, expresses the mepsps protein which confers tolerance to glyphosate herbicide. (c) labelling: (1) for the purposes of the labelling requirements laid down in article 13(1) and article 25(2) of regulation (ec) no 1829/2003, and in article 4(6) of regulation (ec) no 1830/2003, the name of the organism shall be maize. (2) the words not for cultivation shall appear on the label of and in documents accompanying the products containing or consisting of maize ga21, with the exception of food and food ingredients. (d) method for detection: (1) event-specific real-time quantitative pcr-based method for detection of the genetically modified maize mon-21-9. (2) validated by the eu reference laboratory established under regulation (ec) no 1829/2003, published at http://gmo-crl.jrc.ec.europa.eu/summaries/ga21syngenta_validated_method_correctedversion1.pdf (3) reference material: aocs 0407-a and aocs 0407-b are accessible via the american oil chemists society (aocs) at https://www.aocs.org/crm (e) unique identifier: mon-21-9 (f) information required under annex ii to the cartagena protocol on biosafety to the convention on biological diversity: [biosafety clearing-house, record id number: published in the register of genetically modified food and feed when notified]. (g) conditions or restrictions on the placing on the market, use or handling of the products: not required. (h) monitoring plan for environmental effects: monitoring plan for environmental effects conforming with annex vii to directive 2001/18/ec of the european parliament and of the council (1). [link: plan published in the register of genetically modified food and feed] (i) post-market monitoring requirements for the use of the food for human consumption: not required. note: links to relevant documents may need to be modified over the time. those modifications will be made available to the public via the updating of the register of genetically modified food and feed. (1) directive 2001/18/ec of the european parliament and of the council of 12 march 2001 on the deliberate release into the environment of genetically modified organisms and repealing council directive 90/220/eec (oj l 106, 17.4.2001, p. 1).
name: commission delegated decision (eu) 2018/1102 of 6 june 2018 amending annex iii to decision no 466/2014/eu of the european parliament and of the council granting an eu guarantee to the european investment bank against losses under financing operations supporting investment projects outside the union, as regards iran type: decision_del subject matter: eu institutions and european civil service; financing and investment; asia and oceania; eu finance date published: 2018-08-07 7.8.2018 en official journal of the european union li 199/11 commission delegated decision (eu) 2018/1102 of 6 june 2018 amending annex iii to decision no 466/2014/eu of the european parliament and of the council granting an eu guarantee to the european investment bank against losses under financing operations supporting investment projects outside the union, as regards iran the european commission, having regard to the treaty on the functioning of the european union, having regard to decision no 466/2014/eu of the european parliament and of the council of 16 april 2014 granting an eu guarantee to the european investment bank against losses under financing operations supporting investment projects outside the union (1), and in particular article 4(2) thereof, whereas: (1) there has been notable progress in the economic, social, environmental and political situation in iran since the adoption of decision no 466/2014/eu. (2) in november 2016, the council welcomed the prospect of extending the european investment bank's external lending mandate to iran. (3) decision (eu) 2018/412 of the european parliament and of the council (2) added iran to the list of potentially eligible regions and countries in annex ii of that decision. (4) tangible steps taken by iran to respect universal fundamental freedoms, rule of law and human rights would remain key for the shaping of the union's future policy towards iran. (5) the european investment bank should continue to apply adequate policies and processes protecting its integrity as well as confidence in the bank. (6) therefore, the commission, with the involvement of the european external action service, has assessed that the overall economic, social environmental and political situation allows adding iran to annex iii of decision no 466/2014/eu, which includes the list of eligible regions and countries for european investment bank financing under union guarantee. (7) decision no 466/2014/eu should therefore be amended accordingly, has adopted this decision: article 1 in point c(2) of annex iii to decision no 466/2014/eu, the words: bangladesh, bhutan, cambodia, china, india, indonesia, iraq, laos, malaysia, maldives, mongolia, myanmar/burma, nepal, pakistan, philippines, sri lanka, thailand, vietnam, yemen are replaced by the words bangladesh, bhutan, cambodia, china, india, indonesia, iran, iraq, laos, malaysia, maldives, mongolia, myanmar/burma, nepal, pakistan, philippines, sri lanka, thailand, vietnam, yemen. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. done at brussels, 6 june 2018. for the commission the president jean-claude juncker (1) oj l 135, 8.5.2014, p. 1. (2) decision (eu) 2018/412 of the european parliament and of the council of 14 march 2018 amending decision no 466/2014/eu granting an eu guarantee to the european investment bank against losses under financing operations supporting investment projects outside the union (oj l 76, 19.3.2018, p. 30).
name: council decision (eu) 2018/1089 of 22 june 2018 on the conclusion, on behalf of the union, of the agreement between the european union and the kingdom of norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax type: decision subject matter: criminal law; international affairs; europe; taxation; european construction; executive power and public service date published: 2018-08-01 1.8.2018 en official journal of the european union l 195/1 council decision (eu) 2018/1089 of 22 june 2018 on the conclusion, on behalf of the union, of the agreement between the european union and the kingdom of norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 113 in conjunction with point (b) of the second subparagraph of article 218(6) thereof, having regard to the proposal from the european commission, having regard to the opinion of the european parliament (1), whereas: (1) in accordance with council decision (eu) 2017/2381 (2), the agreement between the european union and the kingdom of norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax (the agreement) was signed on 6 february 2018. (2) the text of the agreement, which is the result of the negotiations, duly reflects the negotiating directives issued by the council. (3) the european data protection supervisor was consulted in accordance with article 28(2) of regulation (ec) no 45/2001 of the european parliament and of the council (3). (4) the agreement should be approved, has adopted this decision: article 1 the agreement between the european union and the kingdom of norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax is hereby approved on behalf of the union. the text of the agreement is attached to this decision. article 2 the president of the council shall, on behalf of the union, give the notification provided for in article 44(2) of the agreement. article 3 the commission, assisted by representatives of the member states, shall represent the union in the joint committee set up under article 41 of the agreement. article 4 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 luxembourg, 22 june 2018. for the council the president v. goranov (1) opinion of 29 may 2018 (not yet published in the official journal). (2) council decision (eu) 2017/2381 of 5 december 2017 on the signing, on behalf of the union, of the agreement between the european union and the kingdom of norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax (oj l 340, 20.12.2017, p. 4). (3) regulation (ec) no 45/2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data (oj l 8, 12.1.2001, p. 1).
name: council decision (cfsp) 2018/1082 of 30 july 2018 amending decision (cfsp) 2016/610 on a european union military training mission in the central african republic type: decision subject matter: cooperation policy; european construction; defence; africa date published: 2018-07-31 31.7.2018 en official journal of the european union l 194/140 council decision (cfsp) 2018/1082 of 30 july 2018 amending decision (cfsp) 2016/610 on a european union military training mission in the central african republic the council of the european union, having regard to the treaty on european union and in particular 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 19 april 2016, the council adopted decision (cfsp) 2016/610 (1) which established a european union csdp military training mission in the central african republic (eutm rca) with a mandate and a reference amount until 24 months after the mission reached full operational capability, i.e. until 19 september 2018. (2) following the strategic review of the mission, the political and security committee recommended that the mandate of eutm rca be amended and extended until 19 september 2020. (3) council decision (cfsp) 2016/610 should be amended accordingly. (4) in accordance with article 5 of the protocol on the position of denmark annexed to the treaty on the european union and to the treaty on the functioning of the european union, denmark does not participate in the elaboration and implementation of decisions and actions of the union which have defence implications. consequently, denmark is not participating in the adoption of this decision, is neither bound by it nor subject to its application and does not participate in the financing of this mission, has adopted this decision: article 1 decision (cfsp) 2016/610 shall be amended as follows: (a) in article 1(2), point (a) is replaced by the following: (a) strategic advice to the president's cabinet, the ministry of defence, the military staff and the armed forces and advice on civil-military cooperation including to the ministry of the interior and the gendarmerie;; (b) in article 10, paragraph 2 is replaced by the following: 2. the financial reference amount for the common costs of eutm rca for the period until 19 september 2018 shall be eur 18 180 000. the percentage of this reference amount referred to in article 25(1) of decision (cfsp) 2015/528 shall be 15 % and the percentage referred to in article 34(3) of that decision shall be 60 % for commitment and 15 % of payment. 3. the financial reference amount for the common costs of eutm rca for the period from 20 september 2018 until 19 september 2020 shall be eur 25 439 596. the percentage of this reference amount referred to in article 25(1) of decision (cfsp) 2015/528 shall be 0 % and the percentage referred to in article 34(3) of that decision shall be 30 % for commitment and 0 % of payment.; (c) in article 13, paragraph 2 is replaced by the following: 2. eutm rca shall end on 19 september 2020. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 30 july 2018. for the council the president g. bl mel (1) oj l 104, 20.4.2016, p. 21.
name: council decision (eu) 2018/1069 of 26 july 2018 on the signing, on behalf of the union, and provisional application of the protocol on the implementation of the fisheries partnership agreement between the european union and the republic of c 'te d'ivoire (2018-2024) type: decision subject matter: fisheries; international affairs; european construction; africa date published: 2018-07-31 31.7.2018 en official journal of the european union l 194/1 council decision (eu) 2018/1069 of 26 july 2018 on the signing, on behalf of the union, and provisional application of the protocol on the implementation of the fisheries partnership agreement between the european union and the republic of c 'te d'ivoire (2018-2024) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 43, in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) on 17 march 2008, the council adopted regulation (ec) no 242/2008 (1) concluding the fisheries partnership agreement between the republic of c 'te d'ivoire and the european community (2) (the agreement). the agreement was then tacitly renewed and is still in force. (2) the last protocol to the agreement expired on 30 june 2018. (3) the commission has negotiated, on behalf of the union, a new protocol implementing the agreement (the protocol). the protocol was initialled on 16 march 2018. (4) the objective of the protocol is to enable the union and the republic of c 'te d'ivoire (c 'te d'ivoire) to work more closely on promoting a sustainable fisheries policy, sound exploitation of fishery resources in ivorian waters, and c 'te d'ivoire's efforts to develop a blue economy. (5) the protocol should be signed. (6) in order to ensure an expeditious start to fishing activities of union vessels, the protocol should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force, has adopted this decision: article 1 the signing on behalf of the union of the protocol on the implementation of the fisheries partnership agreement between the european union and the republic of c 'te d'ivoire is hereby authorised, subject to the conclusion of the said protocol. the text of the protocol is attached to this decision. article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the protocol on behalf of the union. article 3 in accordance with article 13 of the protocol, the protocol shall be applied on a provisional basis as from the signature thereof, pending the completion of the procedures necessary for its entry into force. article 4 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 26 july 2018. for the council the president g. bl mel (1) council regulation (ec) no 242/2008 of 17 march 2008 on the conclusion of the fisheries partnership agreement between the european community and the republic of c 'te d'ivoire (oj l 75, 18.3.2008, p. 51). (2) oj l 48, 22.2.2008, p. 41.
name: commission implementing decision (eu) 2018/1044 of 23 july 2018 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (notified under document c(2018) 4795) (text with eea relevance.) type: decision_impl subject matter: europe; agricultural activity; agricultural policy; regions of eu member states; international trade date published: 2018-07-25 25.7.2018 en official journal of the european union l 188/12 commission implementing decision (eu) 2018/1044 of 23 july 2018 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (notified under document c(2018) 4795) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(4) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(4) thereof, whereas: (1) commission implementing decision (eu) 2017/247 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype h5 in a number of member states (the concerned member states), and the establishment of protection and surveillance zones by the competent authority of the concerned member states in accordance with article 16(1) of council directive 2005/94/ec (4). (2) implementing decision (eu) 2017/247 provides that the protection and surveillance zones established by the competent authorities of the concerned member states in accordance with directive 2005/94/ec are to comprise at least the areas listed as protection and surveillance zones in the annex to that implementing decision. implementing decision (eu) 2017/247 also lays down that the measures to be applied in the protection and surveillance zones, as provided for in article 29(1) and article 31 of directive 2005/94/ec, are to be maintained until at least the dates for those zones set out in the annex to that implementing decision. (3) since the date of its adoption, implementing decision (eu) 2017/247 has been amended several times to take account of developments in the epidemiological situation in the union as regards avian influenza. in particular, implementing decision (eu) 2017/247 was amended by commission implementing decision (eu) 2017/696 (5) in order to lay down rules regarding the dispatch of consignments of day-old chicks from the areas listed in the annex to implementing decision (eu) 2017/247. that amendment took into account the fact that day-old chicks pose a very low risk for the spread of highly pathogenic avian influenza compared to other poultry commodities. (4) implementing decision (eu) 2017/247 was also subsequently amended by commission implementing decision (eu) 2017/1841 (6) in order to strengthen the disease control measures applicable where there is an increased risk for the spread of highly pathogenic avian influenza. consequently, implementing decision (eu) 2017/247 now provides for the establishment at union level of further restricted zones in the concerned member states, as referred to in article 16(4) of directive 2005/94/ec, following an outbreak or outbreaks of highly pathogenic avian influenza, and the duration of the measures to be applied therein. implementing decision (eu) 2017/247 now also lays down rules for the dispatch of live poultry, day-old chicks and hatching eggs from the further restricted zones to other member states, subject to certain conditions. (5) in addition, the annex to implementing decision (eu) 2017/247 has been amended numerous times, mainly to take account of changes in the boundaries of the protection and surveillance zones established by the concerned member states in accordance with directive 2005/94/ec. (6) the annex to implementing decision (eu) 2017/247 was last amended by commission implementing decision (eu) 2018/894 (7), following the notification by bulgaria of a new outbreak of highly pathogenic avian influenza of subtype h5n8 in a poultry holding in the dobrich region of that member state. bulgaria also notified the commission that it had duly taken the necessary measures required in accordance with directive 2005/94/ec following that new outbreak, including the establishment of protection and surveillance zones around the infected poultry holding. (7) since the date of the last amendment made to implementing decision (eu) 2017/247 by implementing decision (eu) 2018/894, bulgaria has notified the commission of a further outbreak of highly pathogenic avian influenza of subtype h5 in a poultry holding again in the dobrich region of that member state. (8) bulgaria has also notified the commission that it has taken the necessary measures required in accordance with directive 2005/94/ec following that new outbreak, including the establishment of protection and surveillance zones around the infected poultry holding in that member state. (9) the commission has examined those measures in collaboration with bulgaria, and the commission is satisfied that the boundaries of the protection and surveillance zones, established by the competent authority of bulgaria, are at a sufficient distance to the poultry holding where the new outbreak was confirmed. (10) in order to prevent any unnecessary disturbance to trade within the union, and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at union level, in collaboration with bulgaria, the protection and surveillance zones established in bulgaria, in accordance with directive 2005/94/ec, following the new outbreak of highly pathogenic avian influenza in that member state. (11) implementing decision (eu) 2017/247 should therefore be updated to take account of the up-to-date epidemiological situation in bulgaria, as regards highly pathogenic avian influenza. in particular, the newly established protection and surveillance zones in bulgaria, now subject to restrictions in accordance with directive 2005/94/ec, should be listed in the annex to implementing decision (eu) 2017/247. (12) the annex to implementing decision (eu) 2017/247 should therefore be amended to update regionalisation at union level in order to include the protection and surveillance zones established in bulgaria, in accordance with directive 2005/94/ec, following the new outbreak of highly pathogenic avian influenza in that member state, and the duration of the restrictions applicable therein. (13) implementing decision (eu) 2017/247 should therefore be amended accordingly. (14) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 the annex to implementing decision (eu) 2017/247 is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 23 july 2018. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) commission implementing decision (eu) 2017/247 of 9 february 2017 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (oj l 36, 11.2.2017, p. 62). (4) council directive 2005/94/ec of 20 december 2005 on community measures for the control of avian influenza and repealing directive 92/40/eec (oj l 10, 14.1.2006, p. 16). (5) commission implementing decision (eu) 2017/696 of 11 april 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 101, 13.4.2017, p. 80). (6) commission implementing decision (eu) 2017/1841 of 10 october 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 261, 11.10.2017, p. 26). (7) commission implementing decision (eu) 2018/894 of 21 june 2018 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain member states (oj l 159, 22.6.2018, p. 37). annex the annex to implementing decision (eu) 2017/247 is amended as follows: (1) in part a, the entry for bulgaria is replaced by the following: member state: bulgaria area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec dobrich region: municipality of dobrich donchevo bogdan opanets 21.7.2018 municipality of dobrich: miladinovtsi lovtchantsi 29.7.2018 (2) in part b, the entry for bulgaria is replaced by the following: member state: bulgaria area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec dobrich region: municipality of dobrich: stefanovo 18.6.2018 to 30.7.2018 municipality of dobrich: miladinovtsi lovtchantsi 30.7.2018 to 7.8.2018 municipality of dobrich: donchevo bogdan opanets 22.7.2018 to 30.7.2018 municipality of dobrich: stefanovo branishte dobrich draganovo novo botevo odrintsi plachidol vedrina vrachantsi 30.7.2018 municipality of dobrich: karapelit polkovnik ivanovo smolnitsa malka smolnitsa samuilovo zlatia kozloduitsi medovo geshanovo enevo orlova mogila dolina tyanovo 7.8.2018
name: council implementing decision (eu) 2018/1035 of 16 july 2018 on the launch of automated data exchange with regard to dna data in croatia type: decision_impl subject matter: information and information processing; information technology and data processing; communications; europe; natural and applied sciences date published: 2018-07-23 23.7.2018 en official journal of the european union l 185/27 council implementing decision (eu) 2018/1035 of 16 july 2018 on the launch of automated data exchange with regard to dna data in croatia the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council decision 2008/615/jha of 23 june 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular article 33 thereof, having regard to the opinion of the european parliament (2), whereas: (1) in accordance with article 25(2) of decision 2008/615/jha, the supply of personal data provided for under that decision may not take place until the general provisions on data protection set out in chapter 6 of that decision have been implemented in the national law of the territories of the member states involved in such supply. (2) article 20 of council decision 2008/616/jha (3) provides that the verification that the condition referred to in recital 1 has been met with respect to automated data exchange in accordance with chapter 2 of decision 2008/615/jha is to be done on the basis of an evaluation report based on a questionnaire, an evaluation visit and a pilot run. (3) croatia has informed the general secretariat of the council on the national dna analysis files to which articles 2 to 6 of decision 2008/615/jha apply and the conditions for automated searching as referred to in article 3(1) of that decision in accordance with article 36(2) of that decision. (4) in accordance with chapter 4, point 1.1, of the annex to decision 2008/616/jha, the questionnaire drawn up by the relevant council working group concerns each of the automated data exchanges and has to be answered by a member state as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category. (5) croatia has completed the questionnaire on data protection and the questionnaire on dna data exchange. (6) a successful pilot run has been carried out by croatia with lithuania and poland. (7) an evaluation visit has taken place in croatia and a report on the evaluation visit has been produced by the lithuanian/polish evaluation team and forwarded to the relevant council working group. (8) an overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dna data exchange has been presented to the council. (9) on 8 march 2018, the council having noted the agreement of all member states bound by decision 2008/615/jha, concluded that croatia had fully implemented the general provisions on data protection set out in chapter 6 of decision 2008/615/jha. (10) therefore, for the purposes of automated searching of dna data, croatia should be entitled to receive and supply personal data pursuant to articles 3 and 4 of decision 2008/615/jha. (11) article 33 of decision 2008/615/jha confers implementing powers upon the council with a view to adopting measures necessary to implement that decision, in particular as regards the receiving and supply of personal data provided for under that decision. (12) as the conditions for triggering the exercise of such implementing powers have been met and the procedure in this regard has been followed, an implementing decision on the launch of automated data exchange with regard to dna data in croatia should be adopted in order to allow that member state to receive and supply personal data pursuant to articles 3 and 4 of decision 2008/615/jha. (13) denmark, ireland and the united kingdom are bound by decision 2008/615/jha and are therefore taking part in the adoption and application of this decision which implements decision 2008/615/jha, has adopted this decision: article 1 for the purposes of automated searching and comparison of dna data, croatia is entitled to receive and supply personal data pursuant to articles 3 and 4 of decision 2008/615/jha as from 24 july 2018. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. this decision shall apply in accordance with the treaties. done at brussels, 16 july 2018. for the council the president j. bogner-strauss (1) oj l 210, 6.8.2008, p. 1. (2) opinion of 7 july 2018 (not yet published in the official journal). (3) council decision 2008/616/jha of 23 june 2008 on the implementation of decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (oj l 210, 6.8.2008, p. 12).
name: council decision (eu, euratom) 2018/1014 of 13 july 2018 appointing a member, proposed by the republic of austria, of the european economic and social committee type: decision subject matter: europe; eu institutions and european civil service date published: 2018-07-18 18.7.2018 en official journal of the european union l 181/84 council decision (eu, euratom) 2018/1014 of 13 july 2018 appointing a member, proposed by the republic of austria, of the european economic and social committee 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 treaty establishing the european atomic energy community, and in particular article 106a thereof, having regard to the proposal of the austrian government, having regard to the opinion of the european commission, whereas: (1) on 18 september 2015 and 1 october 2015, the council adopted decisions (eu, euratom) 2015/1600 (1) and (eu, euratom) 2015/1790 (2) appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020. (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 thomas delapina, has adopted this decision: article 1 ms judith vorbach, eu-referentin der arbeiterkammer ober sterreich, 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 2020. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 13 july 2018. for the council the president h. l ger (1) council decision (eu, euratom) 2015/1600 of 18 september 2015 appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020 (oj l 248, 24.9.2015, p. 53). (2) council decision (eu, euratom) 2015/1790 of 1 october 2015 appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020 (oj l 260, 7.10.2015, p. 23).
name: commission delegated decision (eu) 2018/1007 of 25 april 2018 supplementing directive 2009/42/ec of the european parliament and of the council as regards the list of ports and repealing commission decision 2008/861/ec (text with eea relevance.) type: decision_del subject matter: economic analysis; transport policy; regions and regional policy; maritime and inland waterway transport; economic geography date published: 2018-07-17 17.7.2018 en official journal of the european union l 180/29 commission delegated decision (eu) 2018/1007 of 25 april 2018 supplementing directive 2009/42/ec of the european parliament and of the council as regards the list of ports and repealing commission decision 2008/861/ec (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 2009/42/ec of the european parliament and of the council of 6 may 2009 on statistical returns in respect of carriage of goods and passengers by sea (1), and in particular article 4(1) thereof, whereas: (1) the composition of maritime ports sector in the union has changed since the adoption of commission decision 2008/861/ec (2), which set out the list of ports, coded and classified by country and maritime coastal area, for the purposes of implementing directive 2009/42/ec. (2) in particular, changes to member states' port infrastructure mean that it is important that the list of ports set out in decision 2008/861/ec be updated. (3) the updated list of ports, coded and classified by country and maritime coastal area, should be adopted by means of a delegated act. decision 2008/861/ec should therefore be repealed, has adopted this decision: article 1 the list of ports, coded and classified by country and maritime coastal area, is set out in the annex. article 2 decision 2008/861/ec is repealed. article 3 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, 25 april 2018. for the commission the president jean-claude juncker (1) oj l 141, 6.6.2009, p. 29. (2) commission decision 2008/861/ec of 29 october 2008 on rules for implementing council directive 95/64/ec on statistical returns in respect of carriage of goods and passengers by sea (oj l 306, 15.11.2008, p. 66). annex eurostat list of eu ports description the statistical ports and sub-ports are classified in alphabetical order for each member state. please note that the special aggregates listed at the end for each member state are not included in the number of national ports in the list. structure column heading explanation ctry country code (iso alpha-2 code). mca the maritime coastal area in which the port is situated (annex iv of directive 2009/42/ec). locode united nations code for trade and transport locations (un/locode) or provisional location code allocated by eurostat to special aggregates and ports without a valid un/locode. port name name of the port. nat. stat. group for ports that are not statistical ports, the national statistical group (nat. stat. group) refers to the code of the statistical port in which data for this port is included. statistical port ports that are used as statistical units. special aggregate special aggregates used in the statistics. ctry mca locode port name nat. stat. group statistical port special aggregate be be00 beanr antwerpen x be be00 bebgs brugge (bruges) bezee be be00 bebru bruxelles (brussel) x be be00 begnk genk be002 be be00 begne gent (ghent) x be be00 begrb grimbergen be001 be be00 behss hasselt be002 be be00 behex hemiksem be002 be be00 beher herentals be002 be be00 behbn hoboken be002 be be00 bekpb kapelle op den bos be001 be be00 bekwa kwaadmechelen be002 be be00 belan lanaken be002 be be00 belgg li ge x be be00 belum lummen be002 be be00 benie nieuwpoort x be be00 beost oostende (ostend) x be be00 berui ruisbroek be001 be be00 betes tessenderlo be002 be be00 bevil vilvoorde be001 be be00 bewlb willebroek be001 be be00 bewth wintham be001 be be00 bezee zeebrugge x be be00 bezel zelzate begne be be00 bezet zemst be001 be be00 be001 zeekanaal brussel-schelde ports x x be be00 be002 other iww ports (other than zeekanaal brussel-schelde ports) x x be be00 be888 other - belgium x be be00 be88p be - offshore installations x be be00 be88q be - aggregates extraction areas x be be00 be88r be - ship to ship transfer x 25 18 7 bg bg00 bgakh ahtopol ( ) bgboj bg bg00 bgbal balchik ( ) bgvar bg bg00 bgboj burgas ( ) x bg bg00 bglom lom ( ) bg888 bg bg00 bgnes nesebar ( ) bgboj bg bg00 bgore oryahovo ( ) bglom bg bg00 bgpor pomorie ( ) bgboj bg bg00 bgrdu ruse ( ) bg888 bg bg00 bgsls silistra ( ) bgrdu bg bg00 bgsom somovit ( ) bgrdu bg bg00 bgsoz sozopol ( ) bgboj bg bg00 bgsvi svistov ( ) bgrdu bg bg00 bgtrv tsarevo ( ) bgboj bg bg00 bgtrp tutrakan ( ) bgrdu bg bg00 bgvar varna ( ) x bg bg00 bgvid vidin ( ' ) bglom bg bg00 bg888 other - bulgaria x x bg bg00 bg88p bg - offshore installations x bg bg00 bg88q bg - aggregates extraction areas x bg bg00 bg88r bg - ship to ship transfer x 16 14 2 dk dk00 dkaab aabenraa x dk dk00 dkaal aalborg x dk dk00 dkror aalborg portland (cementfabrikken rordal) x dk dk00 dkark r sk bing x dk dk00 dkago agers x dk dk00 dkagh agger havn x dk dk00 dkash aggersund havn x dk dk00 dkanh anholt x dk dk00 dkaar rhus x dk dk00 dkaro r x dk dk00 dkard r sund x dk dk00 dkask ask x dk dk00 dkait asn s inter terminal x dk dk00 dkasv asn sv rkets havn x dk dk00 dkasn assens x dk dk00 dkaub augustenborg x dk dk00 dkave aved rev rkets havn x dk dk00 dkavk avernak /ly x dk dk00 dkbgo b g x dk dk00 dkblb ballebro x dk dk00 dkbdx bandholm (maribo) x dk dk00 dkbog bog x dk dk00 dkbos b jden x dk dk00 dkbrh branden havn x dk dk00 dkkon cementfabrikken kongsdal havn x dk dk00 dkcso christians havn x dk dk00 dkdas dansk salts havn x dk dk00 dkebt ebeltoft x dk dk00 dkegn egense x dk dk00 dkedl endelave x dk dk00 dkeit ensted inter terminal x dk dk00 dkens enstedv rkets havn x dk dk00 dkebj esbjerg x dk dk00 dkfaa f borg havn x dk dk00 dkfak fakse ladeplads havn x dk dk00 dkfgs feggesund x dk dk00 dkfej fej x dk dk00 dkfmo fem x dk dk00 dkfrc fredericia (og shell-havnen) x dk dk00 dkfdh frederikshavn x dk dk00 dksvv frederiksv rk havn (frederiksv rk st lvalsev rk) x dk dk00 dkfuh fur x dk dk00 dkfyh fynshav x dk dk00 dkged gedser x dk dk00 dkgre gren x dk dk00 dkgdm gudhjem x dk dk00 dkgfh gulfhavnen x dk dk00 dkhad haderslev x dk dk00 dkhas hals x dk dk00 dkhan hanstholm x dk dk00 dkhdh hardesh j x dk dk00 dkhsl hasle x dk dk00 dkhnb havneby x dk dk00 dkhvn havns x dk dk00 dkhls helsing r (elsinore) x dk dk00 dkhir hirtshals x dk dk00 dkhbo hobro x dk dk00 dkhbk holb k x dk dk00 dkhsb holstebro havn dkstr dk dk00 dkhor horsens x dk dk00 dkhoh hou havn x dk dk00 dkhun hundested x dk dk00 dkhva hvalpsund x dk dk00 dkhvs hvide sande x dk dk00 dkjue juelsminde havn x dk dk00 dkkal kalundborg x dk dk00 dkklp kleppen x dk dk00 dkcph k benhavns havn x dk dk00 dkkog k ge x dk dk00 dkkok kolby k s havn x dk dk00 dkkol kolding x dk dk00 dkkrr kors r x dk dk00 dkkra kragen s x dk dk00 dkkby kyndbyv rkets havn x dk dk00 dklvg lemvig x dk dk00 dklin lind havn dkode dk dk00 dklgr l gst r x dk dk00 dkmrr mariager dkdas dk dk00 dkmrs marstal x dk dk00 dkunx masned godningshavn (uno-x havn) x dk dk00 dkmns masnedsund dkvor dk dk00 dkmid middelfart dkfrc dk dk00 dkmom mommark x dk dk00 dknvd n stved x dk dk00 dknak nakskov x dk dk00 dknex neks x dk dk00 dkndb nordby havn, fan x dk dk00 dkvsv nordjyllandsv rkets havn x dk dk00 dknrs n rresundby dkaal dk dk00 dknbg nyborg x dk dk00 dknyf nyk bing falster x dk dk00 dknym nyk bing mors x dk dk00 dkode odense x dk dk00 dkomo om x dk dk00 dkstp omya (stevns pier) x dk dk00 dkore orehoved, falster dknyf dk dk00 dkoro or x dk dk00 dkran randers x dk dk00 dkrod r dby x dk dk00 dkrof r dby (f rgehavn) x dk dk00 dkrmo r m havn x dk dk00 dkrnn r nne x dk dk00 dkrrv r rvig x dk dk00 dkrkb rudk bing x dk dk00 dkslv s lvig havn x dk dk00 dkseo sejer x dk dk00 dksjo sj llands odde x dk dk00 dkskb sk rb kv rkets havn x dk dk00 dkska skagen x dk dk00 dksdo skar /drej x dk dk00 dkskv skive x dk dk00 dksob s by havn x dk dk00 dksgd s nderborg x dk dk00 dkspb spodsbjerg havn x dk dk00 dkstt statoil havnen x dk dk00 dkstn stigsn s x dk dk00 dksit stigsnaes inter terminal x dk dk00 dkstg stigsn sv rkets havn x dk dk00 dkstr struer havn x dk dk00 dksno stryn x dk dk00 dksbk stubbek bing havn x dk dk00 dkssv studstrupv rkets havn x dk dk00 dksue sunds re x dk dk00 dksve svendborg x dk dk00 dktrs t rs x dk dk00 dkted thisted x dk dk00 dktyb thybor n x dk dk00 dktno tun x dk dk00 dkvng vang havn x dk dk00 dkvej vejle x dk dk00 dkven ven havn x dk dk00 dkves vester havn, l s x dk dk00 dkvor vordingborg havn x dk dk00 dk888 other - denmark x dk dk00 dk88p dk - offshore installations x dk dk00 dk88q dk - aggregates extraction areas x dk dk00 dk88r dk - ship to ship transfer x 133 7 126 de de01 deamr amrum i. x de de03 deand andernach x de de02 deank anklam x de de01 debmr baltrum i. x de de03 debzs beddingen - zu salzgitter - desar de de01 debei beidenfleth x de de01 deben bensersiel x de de03 deber berlin x de de02 debof berndshof x de de01 deblm blumenthal debre de de01 debmk borkum i. x de de01 debke brake x de de03 debwe braunschweig x de de01 debre bremen x de de01 debrv bremerhaven x de de01 debrb brunsb ttel x de de02 debsk burgstaaken/fehmarn x de de01 debum b sum x de de01 debuz b tzfleth x de de01 decar carolinensiel x de de03 decrl castrop rauxel x de de01 decux cuxhaven x de de01 dedag dageb ll x de de02 dedap damp ostseebad de115 de de02 dedmn demmin x de de03 dedmg dormagen x de de03 dedon dorsten x de de03 dedtm dortmund x de de02 dedra dranske de075 de de01 dedro drochtersen de116 de de03 dedui duisburg x de de03 dedus d sseldorf x de de02 deeck eckernf rde x de de01 deedd eiderdeich de118 de de01 deeme emden x de de03 deesu emmelsum x de de02 deflf flensburg x de de01 de017 f hr insel x de de03 degek gelsenkirchen x de de01 deglu gl ckstadt x de de02 degrd greifswald x de de01 deham hamburg x de de03 dehau hanau x de de01 dehbu harburg deham de de01 dehrn haren/ems x de de02 dehhf heiligenhafen x de de01 dehgl helgoland i. x de de01 dehod hochdonn x de de01 dehhs hohenhoern x de de03 dehbo homberg dedui de de01 dehrm h rnum/sylt x de de01 dehus husum x de de01 deitz itzehohe x de de01 dejui juist x de de02 dekap kappeln x de de01 dekei keitum desyt de de02 dekel kiel x de de03 decgn k ln x de de03 dekre krefeld x de de01 delgo langeoog, insel x de de02 delau lauterbach de88o de de01 delee leer x de de01 delis list/sylt x de de02 delbc l beck x de de03 dells l lsdorf x de de03 demid minden x de de01 deran morsum desyt de de03 demuh m hlheim an der ruhr x de de02 demuk mukran desas de de01 denes nessmersiel x de de01 denhs neuharlingersiel x de de02 denek neukirchen de117 de de03 denss neuss x de de02 denho neustadt/holstein x de de01 denoe norddeich x de de01 denha nordenham x de de01 denrd norderney i. x de de01 denor nordstrand, insel x de de01 deolo oldenburg/oldenburg x de de03 deors orsoy x de de01 depap papenburg x de de03 depei peine x de de01 depel pellworm i. x de de02 deptd petersdorf dersk de de02 deput puttgarden x de de02 deren rendsburg x de de03 derhb rheinberg-ossenberg x de de02 dersk rostock x de de03 desar salzgitter x de de02 desas sassnitz x de de01 dehmo schwarzenh tten, hemmoor x de de03 desdt schwedt x de de03 desne sehnde x de de01 despi spieckeroog i. x de de03 depyk spyck x de de01 desta stade x de de01 dests stadersand x de de01 desdd steenodde deamr de de02 destl stralsund x de de01 desyt sylt/insel x de de01 detin tinnum desyt de de02 detrv travem nde delbc de de02 deuck ueckerm nde x de de03 deuel uelzen x de de02 devtt vitte/hiddensee x de de03 dewls walsum dedui de de01 deage wangerooge i. x de de02 dewar warnem nde dersk de de01 dewed wedel-schulau x de de03 dewes wesel x de de01 degwt westerland desyt de de01 dewvn wilhelmshaven x de de01 dewif wischhafen x de de02 dewis wismar x de de01 de69s wittd n deamr de de02 dewol wolgast x de de01 dewyk wyk/f hr x de de02 de055 r gen ( stlich stralsunder fahrwasser) x x de de02 de075 r gen (inneres gew sser) x x de de02 de115 baltic sea (other ports) x x de de01 de116 elbe (other ports) x x de de02 de117 flensburger f rde (other ports) x x de de01 de118 gieselaukanal and eider (other ports) x x de de09 de888 other - germany (unknown mca) x de de03 de88i other - germany inland x de de01 de88n other - germany north sea x de de02 de88o other - germany baltic x x de de09 de88p de - offshore installations - unknown mca x de de09 de88q de - aggregates extraction areas - unknown mca x de de09 de88r de - ship to ship transfer - unknown mca x de de01 de8pn de - offshore installations - north sea x de de02 de8po de - offshore installations - baltic sea x de de01 de8qn de - aggregates extraction areas - north sea x de de02 de8qo de - aggregates extraction areas - baltic sea x de de03 de8ri de - ship to ship transfer - inland x de de01 de8rn de - ship to ship transfer - north sea x de de02 de8ro de - ship to ship transfer - baltic sea x 117 21 96 ee ee00 eebek bekkeri ee888 ee ee00 eehlt heltermaa x ee ee00 eekhn kihnu ee888 ee ee00 eekui kuivastu x ee ee00 eeknd kunda x ee ee00 eelhs lahesuu ee888 ee ee00 eelht lehtma ee888 ee ee00 eelsa loksa ee888 ee ee00 eemrs meeruse ee888 ee ee00 eemdr miiduranna x ee ee00 eemnt m ntu ee888 ee ee00 eemug muuga eetll ee ee00 eepls paldiski l unasadam eetll ee ee00 eepln paldiski p hjasadam x ee ee00 eepas paljassaare eetll ee ee00 eeprn p rnu x ee ee00 eepar patareisadam x ee ee00 eerhk rohuk la x ee ee00 eerms roomassaare ee888 ee ee00 eesma saaremaa eetll ee ee00 eeslm sillam e x ee ee00 eesru s ru ee888 ee ee00 eesvi sviby ee888 ee ee00 eetll tallinn x ee ee00 eetgi triigi ee888 ee ee00 eevan vanasadam eetll ee ee00 eeveb vene balti x ee ee00 eevir virtsu x ee ee00 ee888 other - estonia x x ee ee00 ee88p ee - offshore installations x ee ee00 ee88q ee - aggregates extraction areas x ee ee00 ee88r ee - ship to ship transfer x 28 16 12 ie ie00 ieark arklow x ie ie00 iearh arklow head port ieark ie ie00 ieaug aughinish island ielmk ie ie00 iebyt bantry bay x ie ie00 iebth bantry harbour iebyt ie ie00 iectb castletownbere (castletown bearhaven) x ie ie00 iecob cobh ieork ie ie00 ieork cork x ie ie00 iedro drogheda x ie ie00 iedub dublin x ie ie00 iedlg dun laoghaire x ie ie00 ieddk dundalk x ie ie00 iefen fenit ietra ie ie00 iefov foynes ielmk ie ie00 iegwy galway x ie ie00 iegrn greenore x ie ie00 iehau haulbowline ieork ie ie00 iekbs killybegs x ie ie00 ieklr kilrush x ie ie00 iekln kinsale x ie ie00 ielmk limerick x ie ie00 iemot moneypoint ielmk ie ie00 ienrs new ross x ie ie00 iepaw passage west ieork ie ie00 ieros rosslare harbour x ie ie00 ierus rushbrooke ieork ie ie00 iesnn shannon ielmk ie ie00 iesli sligo x ie ie00 ietar tarbert ielmk ie ie00 ietiv tivoli ieork ie ie00 ietra tralee x ie ie00 iewat waterford x ie ie00 iewhi whitegate ieork ie ie00 iewic wicklow x ie ie00 ieyou youghal x ie ie00 ie888 other - ireland x ie ie00 ie88p ie - offshore installations x ie ie00 ie88q ie - aggregates extraction areas x ie ie00 ie88r ie - ship to ship transfer x 35 14 21 el gr00 gracl achladi ( ' ' ) x el gr00 gradl adamos milos grmlo el gr00 graeg aegina ( ) x el gr00 graen aegio ( ) x el gr00 gragn agathonissi dodekanissou ( ' ) x el gr00 gramr agia marina aiginas ( ) x el gr00 graef agia efimia ( ) gr888 el gr00 grakm agia kyriaki (trikeri magnisias) ( ( )) gr888 el gr00 grgma agia marina attikis ( ) x el gr00 gragm agia marina fthiotidas ( ' ) x el gr00 grape agia pelagia ( ) x el gr00 grrou agia roumeli chanion ( ) x el gr00 gragt agii theodori ( ' ) x el gr00 gragk agiokampos larissas ( ) x el gr00 grago agios eystratios lesvou ( ) x el gr00 gr912 agios georgios saronikou gr888 el gr00 grako agios konstantinos ( ) x el gr00 graki agios kyrikos ( ) x el gr00 grani agios nikolaos creta ( ) x el gr00 gragf agios nikolaos fokidas ( ' ) x el gr00 grasf agios stefanos corfu ( ) gr888 el gr00 gragg agistri aiginas ( ) x el gr00 granl agnontas skopelou ( ). gr888 el gr00 graga agria volou ( ) grvol el gr00 graig aigiali amorgou ( ) x el gr00 grakt aktio vonitsas ( ) gr888 el gr00 graxd alexandroupolis ( ' ) x el gr00 grlvr aliverio ( ) x el gr00 gralo alonissos ( ) x el gr00 grats altsi grjsh el gr00 grapl amaliapolis magnissias ( ) x el gr00 gramf amfilochia ( ) x el gr00 grami amoliani ( ) x el gr00 gramo amorgos (katapola) ( ( )) x el gr00 grana anafi kyklades ( ' ) x el gr00 grpfa anavissos palaia fokaia attikis ( ) gr888 el gr00 grand andros ( ' ) x el gr00 gratk antikyra ( ) x el gr00 granp antiparos ( ) x el gr00 grant antirio ( ) x el gr00 grarx araxos ( ) x el gr00 grarm argostoli ( ) x el gr00 grard arkii dodekanissou ( ' ) x el gr00 grark arkitsa fthiotidas ( ' ) x el gr00 grass aspropyrgos ( ) x el gr00 grast astakos ( ) x el gr00 grars astros arkadias ( ' ) x el gr00 grjty astypalea ( ) x el gr00 gr915 atherinolakos grier el gr00 gratn athinios thira santorini grjtr el gr00 grvss bassiliki leykados ( ' ) x el gr00 grchq canea ( ) x el gr00 grhal chalki dodekanissou ( ' ) x el gr00 grclk chalkida ( ' ) x el gr00 grjkh chios ( ) x el gr00 grcsf chora sfakion ( ) x el gr00 grcfu corfu ( ) x el gr00 grdaf dafni agiou orous ( ) x el gr00 grdia diafani karpathou ( ) x el gr00 grdik diakofti kythiron ( ) x el gr00 grdmb dombraina boiotias ( ) x el gr00 grdon donoussa kyklades ( ' ) x el gr00 grdpa drapetsona ( ) x el gr00 grdre drepano riou ( ) x el gr00 gredi edipsos ( ' ) x el gr00 greln elafonissos lakonias ( ) x el gr00 grelt eleftheres ( ) x el gr00 greeu eleusina ( ) x el gr00 gr736 eratini fokidas gr888 el gr00 grerk ereikousses diapontioi islands ( ) gr888 el gr00 grere eretria evoias ( ) x el gr00 grerm ermioni ( ) x el gr00 greyd eydilos ( ' ) x el gr00 grfnr faneromeni salaminas ( ) x el gr00 grfam farmakonissi dodekanissou ( ' ) gr888 el gr00 grfis fiskardo kefallinias ( ' ) x el gr00 grfol folegandros kyklades ( ' ' ) x el gr00 grfou fourni samou ( ) x el gr00 grsat frikes ithakis ( ) gr888 el gr00 grgal galatas trizinias ( ) x el gr00 grgad gavdos chanea ( ' ) gr888 el gr00 grgav gavrio ( ) x el gr00 grglo glossa skopelou ( ) x el gr00 grgly glyfa fthiotidas ( ' ) x el gr00 grgyt gythio ( ) x el gr00 grher heraklio ( ) x el gr00 grhyd hydra (' ' ) x el gr00 grier ierapetra lasithiou ( ) x el gr00 gries ierissos chalkidikis ( ' ) gr888 el gr00 grigo igoumenitsa ( ) x el gr00 grino inousses ( ) x el gr00 grios ios (' ) x el gr00 grhrk iraklia kyklades ( ' ) x el gr00 gritm istmia ( ) x el gr00 grita itea ( ) x el gr00 grith ithaki ( ) x el gr00 grklx kalamata ( ) x el gr00 grkld kalathos rodou ( ' ) x el gr00 grkll kaloi limenes rethymno ( ) x el gr00 grkmi kalymnos ( ) x el gr00 grkap kapsali ( ) x el gr00 grkrm kardamaina kos ( ' ) x el gr00 grkag karkinagri samou ( ) gr888 el gr00 grkar karlovassi ( ) x el gr00 graok karpathos ( ) x el gr00 grkst karystos ( ) x el gr00 grksp kassiopi corfu ( ) gr888 el gr00 grksj kassos ( ) x el gr00 grkis kastelli kissamou ( ) x el gr00 grkak katakolo ( ) x el gr00 grktp kat pola gramo el gr00 grkva kavala ( ) x el gr00 grkea kea ( ) x el gr00 grkef kefalos kos ( ) gr888 el gr00 grker keramoti ( ) x el gr00 grkts keratsini ( ) x el gr00 grkio kiato ( ) x el gr00 grkms kimolos ( ) x el gr00 grkin koilas ermionidos argolidos ( s ' ' ) x el gr00 grkns kontias limnou ( ) gr888 el gr00 grkrt korinthos ( ) x el gr00 grkgs kos ( ) x el gr00 grkem kosta ermionidos ( ' ) x el gr00 grkof koufonissi kyklades ( ' ) x el gr00 grkyl kylini ( ) x el gr00 grkym kymassio x el gr00 grkim kymi ( ) x el gr00 grkyt kythnos ( ) x el gr00 grpkk lakkion grlrs el gr00 grlry larymna ( ) x el gr00 grlav lavrio ( ) x el gr00 grlev lefkada ( ' ) gr888 el gr00 grlef lefkadi ( ) grclk el gr00 grlfk lefkimi ( ) x el gr00 grlnd leonidio ( ' ) x el gr00 grlrs leros (lakki) ( ( )) x el gr00 grlia linaria grsku el gr00 grldr lindos rodou ( ' ' ) gr888 el gr00 grlin linoperamata herakliou ( ) x el gr00 grlip lipsi dodekanissou ( ' ) x el gr00 grlix lixouri ( ) x el gr00 grltr loutro chania ( ) x el gr00 grmrm marmari ( ) x el gr00 grmxk mastichari kos ( ) x el gr00 grmtr mathraki diapontioi nisoi ( ( )) gr888 el gr00 grmgn meganissi ( ) x el gr00 grmgr megara ( ) x el gr00 grkas megisti kastelorizou ( ) x el gr00 grmen menidi etolokarnanias ( ' ) x el gr00 grmel messologi ( ) x el gr00 grmhi mesta ( ) x el gr00 grmet methana ( ) x el gr00 grmlo milos (adamas) ( ( ' )) x el gr00 grmol molyvos lesvou ( ) x el gr00 grmon monemvasia ( ) x el gr00 gr780 moni iviron agiou orous gr888 el gr00 gr779 moni vatopediou agiou orous gr888 el gr00 grmdr moudros ( ' ) x el gr00 grjmk mykonos ( ) x el gr00 grmyr myrina ( ) x el gr00 grmjt mytilene ( ) x el gr00 grnaf nafplio ( ) x el gr00 grnas naoussa parou ( ) gr888 el gr00 grjnx naxos ( ) x el gr00 grnkv nea karvali ( ) grkva el gr00 grnma nea moudania ( ' ' ) x el gr00 gr795 nea psara chiou gr888 el gr00 grnst nea styra ( ) x el gr00 grnea neapoli lakonias ( ) x el gr00 grnid nidri ( ' ) x el gr00 grnis nissyros ( ) x el gr00 gr909 north evoikos ( ) x el gr00 groik oia kykladon ( ' ) gr888 el gr00 grore orei ( ) gr888 el gr00 groro oropos ( ) x el gr00 groth othonoi ( ) / othono x el gr00 grour ouranoupoli chalkidikis ( ' ) x el gr00 grpme pachi grmgr el gr00 grpaa palaia psara ( ) x el gr00 grpsf paleochora sfakion ( ) x el gr00 grpao paloukia salaminas ( ) x el gr00 gr808 panormos tinou gr888 el gr00 grpar p rga x el gr00 grpas paros ( ) x el gr00 grpms patmos ( ) x el gr00 grgpa patras ( ) x el gr00 grpax paxi ( ) x el gr00 grper perama ( ) x el gr00 grpgm perama geras mytilinis ( ) x el gr00 grpsk pessada kefallinias ( ' ) x el gr00 grplv petra grpet el gr00 grpet petra lesvou ( ) x el gr00 grpre petries evvoias ( ) gr888 el gr00 gr813 petriti kerkyras gr888 el gr00 grpyv pevki evvoias ( ) / 'pevki evvoias gr888 el gr00 grpir piraeus ( ) x el gr00 grpis pissaetos ithakis ( ) x el gr00 grpia platania magnisias ( ) gr888 el gr00 grpti plataria thesprotias ( ) grigo el gr00 grplg platygiali etoloakarnanias ( ) x el gr00 grplm plomari lesvou ( ) gr888 el gr00 grplc polihnitos lesvou ( ) x el gr00 grptk politika ( ) x el gr00 grpke poros kefallinias ( ) x el gr00 grptr poros trizinias ( ) x el gr00 grphe porto heli ( ) x el gr00 gr820 porto kagio lakonias gr888 el gr00 grptl porto lagos ( ) x el gr00 grpoa potamos antikithera ( ) gr888 el gr00 grpvk preveza ( ) x el gr00 grppi prinos thassou ( ) x el gr00 grpsa psahna ( ) x el gr00 grpse pserimos dodekanisou ( ' ) gr888 el gr00 grpyl pylos ( ) x el gr00 grpyt pythagorio ( ) x el gr00 grraf rafina ( ) x el gr00 grret rethymno ( ) x el gr00 grrho rhodes ( ' ) x el gr00 grrio rio ( ) x el gr00 grsgt sagiada thesprotias ( ' ) gr888 el gr00 grsmi sami ( ) x el gr00 grsam samothraki ( ) x el gr00 grshc schinoussa kyklades ( ' ) x el gr00 grser seriphos ( ) x el gr00 grshi shinari zakyntou ( ) x el gr00 grkre sifnos ( ) x el gr00 grsgr sigri lesvou ( ) x el gr00 gr835 sikia (porto rafti) gr888 el gr00 grsii sikinos kyklades ( ' ) x el gr00 grjsh sitia ( ) x el gr00 grska skaramagas ( ) x el gr00 grjsi skiathos ( ) x el gr00 grsko skopelos ( ) x el gr00 grsku skyros (linaria) ( ( )) x el gr00 grsud souda bay ( ' ) x el gr00 grsog sougia ( ) x el gr00 grsla souvala aiginas ( ) x el gr00 grspe spetses ( ) x el gr00 grsha stavros chalkidikis ( ' ) x el gr00 grsti stratonio ( ' ) x el gr00 grsys stylida ( ' ) x el gr00 gr450 sykea chalkidikis gr888 el gr00 grsym symi ( ) x el gr00 grjsy syros ( ) x el gr00 grtso thassos ( ) x el gr00 grskg thessaloniki ( ) x el gr00 grjtr thira ( ) x el gr00 grtrs thirasia ( ) x el gr00 grthm thymaina island ( ) gr888 el gr00 grtil tilos dodekanissou ( ' ) x el gr00 grtin tinos ( ) x el gr00 grtla tolo argolidas ( ' ) gr888 el gr00 gr860 trikeri island gr888 el gr00 grtry trypiti chalkidikis ( ' ) x el gr00 grvth vathy samou ( ) x el gr00 grvlc volissos (limnia) chios ( ( ) ) gr888 el gr00 grvol volos ( ) x el gr00 gryli yali island (nissirou) ( ( )) grnis el gr00 gryer yerakini ( ' ) x el gr00 grzth zakynthos ( ) x el gr00 gr888 other - greece x x el gr00 gr88p gr - offshore installations x el gr00 gr88q gr - aggregates extraction areas x el gr00 gr88r gr - ship to ship transfer x 260 56 204 es es01 eslcg a coru a x es es02 esaga agaete x es es02 esaca alcanar x es es02 esald alcudia espmi es es02 esalg algeciras x es es02 esalc alicante x es es02 eslei almer a x es es02 esari arguineguin eslpa es es02 esace arrecife de lanzarote eslpa es es01 esavs avil s x es es02 esbbe barbate x es es02 esbcn barcelona x es es01 esbrm bermeo x es es01 esbio bilbao x es es01 esbrl burela x es es02 escbz cabezuela escad es es02 escad c diz x es es02 escbs cala sabina espmi es es02 escrs carboneras eslei es es01 escno cari o x es es02 escar cartagena x es es02 escas castell n x es es01 escee cee x es es01 escel celeir x es xc00 esceu ceuta x es es02 esqiu ciudadela x es es02 esqfu corralejo x es es02 esdna denia x es es02 esesc escombreras escar es es01 esfro ferrol x es es02 esgan gand a esvlc es es02 esgar garrucha x es es01 esgij gij n x es es02 esgtl gran tarajal x es es02 eshie hierro - la estaca essct es es02 eshuv huelva x es es02 esibz ibiza espmi es es02 esles la estaca essct es es02 eslli la linea de la concepcion esalg es es02 eslpa las palmas de gran canaria x es es01 eslax laxe x es es02 eslcr los cristianos essct es es02 esmah mah n espmi es es02 esagp m laga x es es01 esmpg mar n-pontevedra x es xl00 esmln melilla x es es02 esmjb morro jable x es es02 esmot motril x es es02 espal palam s x es es02 espmi palma de mallorca x es es01 espas pasajes x es es02 esqly playa blanca x es es02 espps playa santiago x es es01 eslpc puebla del carami al x es es02 espsm puerto de santa maria escad es es02 esfue puerto del rosario eslpa es es02 espus puerto real escad es es01 esrib ribadeo x es es02 esrot rota escad es es02 essag sagunto esvlc es es02 essat salinetas eslpa es es02 essaa san antonio x es es02 esscr san carlos de la r pita x es es01 essci san cibrao esfro es es02 esssg san sebastian de la gomera essct es es02 esspc santa cruz de la palma essct es es02 essct santa cruz de tenerife x es es02 esspo santa pola x es es01 esrbi santa ux a de ribeira x es es01 essdr santander x es es02 essvq sevilla x es es02 estrf tarifa esalg es es02 estar tarragona x es es02 estci tenerife essct es es02 estor torrevieja x es es02 esvlc valencia x es es02 esvcc vallcarca x es es02 esvgr valle gran rey x es es01 esvgo vigo x es es02 esvlg vilanova i la geltr x es es01 esvil villagarc a x es es02 eszfr zona franca de cadiz escad es es01 es88a other - spain atlantic (north) x es es09 es888 other - spain (unknown mca) x es es02 es88m other - spain mediterranean & atlantic (south), including the balearic and canary islands x es es09 es88p es - offshore installations - unknown mca x es es09 es88q es - aggregates extraction areas - unknown mca x es es09 es88r es - ship to ship transfer - unknown mca x es es01 es8pa es - offshore installations - atlantic (north) x es es02 es8pm es - offshore installations - mediterranean & atlantic (south), including the balearic and canary islands x es es01 es8qa es - aggregates extraction areas - atlantic (north) x es es02 es8qm es - aggregates extraction areas - mediterranean & atlantic (south), including the balearic and canary islands x es es01 es8ra es - ship to ship transfer - atlantic (north) x es es02 es8rm es - ship to ship transfer - mediterranean & atlantic (south), including the balearic and canary islands x 82 26 56 fr fr02 fraja ajaccio x fr fr01 frbai basse indre frnte fr fr04 gpbbr basse terre (guadeloupe) gpptp fr fr01 frbas bassens frbod fr fr02 frbia bastia x fr fr01 frbay bayonne x fr fr01 frbec bec d'ambes frbod fr fr02 frbee berre frmrs fr fr01 frbye blaye frbod fr fr02 frbon bonifacio x fr fr01 frbsc bonsecours fruro fr fr01 frbod bordeaux x fr fr01 frbol boulogne sur mer x fr fr01 frbes brest x fr fr01 frcfr caen x fr fr01 frcqf calais x fr fr02 frcly calvi x fr fr02 frceq cannes x fr fr02 frcoz caronte frmrs fr fr03 gfcay cayenne x fr fr01 frcer cherbourg x fr fr01 frcoc concarneau x fr fr03 gfddc degrad-des cannes (guyane fran aise) gfcay fr fr01 frdpe dieppe x fr fr01 frdon donges frnte fr fr01 frdrz douarnenez x fr fr01 frdkk dunkerque x fr fr02 fretb tang-de-berre frmrs fr fr01 frfec f camp x fr fr04 gpfae folle anse (guadeloupe) gpptp fr fr04 mqfdf fort de france (martinique) x fr fr02 frfos fos sur mer frmrs fr fr01 frglo gonfreville-l'orcher frleh fr fr04 gpgrb grand bourg (guadeloupe) gpptp fr fr01 frgfr granville x fr fr01 frhrf harfleur frleh fr fr01 frhet hennebont x fr fr01 frhon honfleur fruro fr fr04 gpjar jarry (guadeloupe) gpptp fr fr03 gfqkr kourou (guyane fran aise) gfddc fr fr02 frilr l' le rousse x fr fr02 frlmd la m de frmrs fr fr01 frlpe la pallice frlrh fr fr01 frlrh la rochelle x fr fr01 frldn landerneau x fr fr03 gflvt larivot (guyane fran aise) x fr fr02 frlav lav ra frmrs fr fr01 frleh le havre x fr fr01 frllg le l gu x fr fr01 frltr le tr port x fr fr01 frlve le verdon frbod fr fr01 frlso les sables d'olonne x fr fr01 frlez l zardrieux x fr fr01 frlrt lorient x fr fr02 frmrs marseille x fr fr01 frmtx montoir de bretagne frnte fr fr01 frnte nantes saint nazaire x fr fr02 frnce nice x fr fr01 frpbf paimboeuf frnte fr fr01 frpap pauillac port frbod fr fr01 frpet petit couronne fruro fr fr04 gpptp pointe- -pitre (guadeloupe) x fr fr01 frpox pontrieux x fr fr02 frpdb port de bouc frmrs fr fr01 frpje port j r 'me fruro fr fr02 frnou port la nouvelle x fr fr05 repdg port r union (ex pointe-des-galets) (r union) x fr fr02 frpov port vendres x fr fr01 frprj port-joinville ( le d'yeu) x fr fr02 frpvo porto vecchio x fr fr02 frpsl port-saint-louis-du-rh 'ne frmrs fr fr02 frprp propriano x fr fr01 fruip quimper x fr fr01 frrad radicatel fruro fr fr01 frrdn redon x fr fr01 frrco rochefort x fr fr01 frros roscoff x fr fr01 fruro rouen x fr fr01 frryn royan x fr fr02 frset s te x fr fr03 gfslm st laurent du maroni (guyane fran aise) x fr fr01 frsml st malo x fr fr01 frsnr st nazaire frnte fr fr02 frsrl st rapha l x fr fr01 frswd st wandrille fruro fr fr01 frton tonnay charente x fr fr02 frtln toulon x fr fr01 frtre tr guier x fr fr04 gptrs trois-rivi res (guadeloupe) gpptp fr fr01 frvne vannes x fr fr02 frvfm villefranche sur mer frnce fr fr01 fr88a other - france atlantic/north sea x fr fr09 fr888 other - france (unknown mca) x fr fr02 fr88m other - france mediterranean x fr fr09 fr88p fr - offshore installations - unknown mca x fr fr09 fr88q fr - aggregates extraction areas - unknown mca x fr fr09 fr88r fr - ship to ship transfer - unknown mca x fr fr04 fr8gm other - guadeloupe - martinique x fr fr01 fr8pa fr - offshore installations - atlantic/north sea x fr fr02 fr8pm fr - offshore installations - mediterranean x fr fr01 fr8qa fr - aggregates extraction areas - atlantic/north sea x fr fr02 fr8qm fr - aggregates extraction areas - mediterranean x fr fr01 fr8ra fr - ship to ship transfer - atlantic/north sea x fr fr02 fr8rm fr - ship to ship transfer - mediterranean x fr fr03 gf888 other - france guyane fran aise x fr fr04 gp888 other - france guadeloupe x fr fr04 mq888 other - france martinique x fr fr05 re888 other - france r union x fr fr06 yt888 other - france mayotte x 91 35 56 hr hr00 hratl antenal hrnvg hr hr00 hrbak bakar x hr hr00 hrbas ba ka x hr hr00 hrbnm biograd na moru x hr hr00 hrble blace hrmet hr hr00 hrbol bol x hr hr00 hrbza bo ava x hr hr00 hrbrb brbinj / lu ina hrbza hr hr00 hrbri brijuni hrpuy hr hr00 hrcvt cavtat x hr hr00 hrcrs cres x hr hr00 hrcra crikvenica x hr hr00 hrdnc donje elo hrdbv hr hr00 hrdrk drvenik hrmak hr hr00 hrdbv dubrovnik x hr hr00 hrfna fa ana hrpuy hr hr00 hrgna ga enica hrzad hr hr00 hrhva hvar x hr hr00 hrist ist x hr hr00 hrjab jablanac x hr hr00 hrjdr jadrija hrsib hr hr00 hrjsa jelsa x hr hr00 hrkpr kaprije hrsib hr hr00 hrkab karlobag x hr hr00 hrklk klek hrmet hr hr00 hrkmn klimno hrslo hr hr00 hrkmz komi a x hr hr00 hrkor kor ula x hr hr00 hrkrm koroma no hrras hr hr00 hrkra kraljevica x hr hr00 hrkrk krk x hr hr00 hrlkr lokrum hrdbv hr hr00 hrlpr lopar hrrab hr hr00 hrlpd lopud hrdbv hr hr00 hrmak makarska x hr hr00 hrlsz mali lo inj x hr hr00 hrmal malinska x hr hr00 hrmta martin ica hrcrs hr hr00 hrmas maslenica x hr hr00 hrmrg merag hrcrs hr hr00 hrmet metkovi x hr hr00 hrmil milna x hr hr00 hrmnk mi njak hrrab hr hr00 hrmod mo eni ka draga x hr hr00 hrmrj muna na irju hrsib hr hr00 hrmur murter x hr hr00 hrnrz nerezine hrlsz hr hr00 hrnvl novalja x hr hr00 hrnvd novi vinodolski x hr hr00 hrnvg novigrad x hr hr00 hronj obonjan hrsib hr hr00 hroms omi x hr hr00 hromi omi alj x hr hr00 hropa opatija x hr hr00 hrorb orebi hrkor hr hr00 hrpag pag x hr hr00 hrple plo e x hr hr00 hrplm plomin hrrbc hr hr00 hrpla pola e hrsbr hr hr00 hrpor pore x hr hr00 hrprz porozina hrcrs hr hr00 hrprp prapratno hrsto hr hr00 hrpre preko x hr hr00 hrpri primo ten x hr hr00 hrprn prizna hrjab hr hr00 hrprv prvi hrvdc hr hr00 hrprs prvi epurine hrvdc hr hr00 hrpca pu i a hrsup hr hr00 hrpuy pula x hr hr00 hrpnt punat x hr hr00 hrrab rab x hr hr00 hrrbc rabac x hr hr00 hrras ra a x hr hr00 hrrjk rijeka x hr hr00 hrrgc roga x hr hr00 hrrgn rogoznica x hr hr00 hrrov rovinj x hr hr00 hrsal sali x hr hr00 hrslc selce hrcra hr hr00 hrsen senj x hr hr00 hrsib ibenik x hr hr00 hrsil silba x hr hr00 hrslo ilo x hr hr00 hrsrd skradin hrsib hr hr00 hrsla slano x hr hr00 hrslt slatine hrspu hr hr00 hrsbr sobra x hr hr00 hrspu split x hr hr00 hrsgd stari grad x hr hr00 hrsgr starigrad x hr hr00 hrstm stomorska hrrgc hr hr00 hrsto ston x hr hr00 hrsur su urac hrspu hr hr00 hrsuc su uraj x hr hr00 hrsdr su ura hrsla hr hr00 hrsmn sumartin x hr hr00 hrsup supetar x hr hr00 hrssk susak x hr hr00 hrstp sustjepan hrdbv hr hr00 hrsvj sveti juraj x hr hr00 hrtno tisno x hr hr00 hrtkn tkon hrbnm hr hr00 hrtro trogir x hr hr00 hrtrj trpanj x hr hr00 hrtrk trstenik x hr hr00 hrtnr tunarica hrras hr hr00 hrubl ubli x hr hr00 hrumg umag x hr hr00 hrunj unije hrlsz hr hr00 hrvlb valbiska hrkrk hr hr00 hrvlk vela luka x hr hr00 hrvln veli lo inj hrlsz hr hr00 hrvgn viganj hrkor hr hr00 hrvis vis x hr hr00 hrvdc vodice x hr hr00 hrvrk vrbnik hrslo hr hr00 hrvrs vrboska hrjsa hr hr00 hrvrg vrgada hrbnm hr hr00 hrvrr vrsar hrpor hr hr00 hrzad zadar x hr hr00 hrzgl igljen hrnvl hr hr00 hrzlr zlarin hrsib hr hr00 hr888 other - croatia x hr hr00 hr88p hr - offshore installations x hr hr00 hr88q hr - aggregates extraction areas x hr hr00 hr88r hr - ship to ship transfer x 122 50 72 it it00 itaho alghero it888 it it00 itali alicudi x it it00 itama amalfi x it it00 itaoi ancona x it it00 itanz anzio x it it00 itatx arbatax x it it00 itaug augusta x it it00 itbri bari x it it00 itblt barletta x it it00 itbds brindisi x it it00 itcag cagliari x it it00 itcls calasetta x it it00 itcpa capraia x it it00 itprj capri x it it00 itclf carloforte x it it00 itcml casamicciola x it it00 itctr castellammare del golfo it888 it it00 itcas castellammare di stabia x it it00 itcta catania x it it00 itcvx cavo x it it00 itchi chioggia x it it00 itmrm cir marina it888 it it00 itcvv civitavecchia x it it00 itcrv crotone x it it00 itfal falconara marittima x it it00 itfav favignana x it it00 itfpo filicudi porto x it it00 itfco fiumicino x it it00 itfol follonica it888 it it00 itfom formia x it it00 itfsa fusina itvce it it00 itgae gaeta x it it00 itgal gallipoli x it it00 itgea gela x it it00 itgoa genova x it it00 itgia giardini di naxos it888 it it00 itgos ginostra it888 it it00 itgit gioia tauro x it it00 itgui giulianova it888 it it00 itgai golfo aranci x it it00 itgor gorgona it888 it it00 itgrd grado x it it00 itimp imperia x it it00 itidg isola del giglio x it it00 itmda la maddalena x it it00 itspe la spezia x it it00 itlmp lampedusa x it it00 itlev levanzo x it it00 itlic licata itlmp it it00 itliu linosa itlmp it it00 itlip lipari x it it00 itliv livorno x it it00 itmfr manfredonia x it it00 itmmo marettimo x it it00 itpma marghera itvce it it00 itmdc marina di carrara x it it00 itmra marsala x it it00 itmaz mazara del vallo x it it00 itmsn messina x it it00 itmlz milazzo x it it00 itmol molfetta x it it00 itmnf monfalcone x it it00 itmnp monopoli x it it00 itnap napoli x it it00 itolb olbia x it it00 itone oneglia itimp it it00 itqos oristano x it it00 itotn ortona x it it00 itoto otranto x it it00 itpau palau x it it00 itpmo palermo x it it00 itpan panarea x it it00 itpnl pantelleria x it it00 itpes pesaro x it it00 itpsr pescara x it it00 itpch peschici itrgg it it00 itpia pianosa it888 it it00 itpio piombino x it it00 itpnz ponza x it it00 itpaz porto azzurro x it it00 itpdi porto d'ischia x it it00 itpem porto empedocle x it it00 itpfx porto foxi x it it00 itpfo porto levante x it it00 itpli porto lignano it888 it it00 itpmz porto maurizio itimp it it00 itpng porto nogaro x it it00 itpss porto santo stefano x it it00 itpto porto torres x it it00 itpfe portoferraio x it it00 itptf portofino x it it00 itpve portovesme x it it00 itpos positano x it it00 itpzl pozzallo x it it00 itpoz pozzuoli x it it00 itpro procida x it it00 itran ravenna x it it00 itreg reggio di calabria x it it00 itrmi rimini x it it00 itrin rinella it888 it it00 itrma rio marina x it it00 itrgg rodi garganico x it it00 itsal salerno x it it00 itsla salina x it it00 itspa santa panagia x it it00 itste santa teresa di gallura x it it00 itsat sant'antioco x it it00 itsvc santo vito lo capo it888 it it00 itsvn savona x it it00 itsir siracusa x it it00 itrro sorrento x it it00 itstr stromboli x it it00 ittal talamone it888 it it00 ittar taranto x it it00 ittri termini imerese x it it00 ittmi termoli x it it00 ittrc terracina x it it00 ittoa torre annunziata x it it00 ittps trapani x it it00 ittmt tremiti x it it00 ittrs trieste x it it00 itust ustica x it it00 itvda vada x it it00 itvdl vado ligure itsvn it it00 itvso vasto x it it00 itvce venezia x it it00 itvtt ventotene x it it00 itvia viareggio x it it00 itvva vibo valentia x it it00 itvie vieste itrgg it it00 itvul vulcano porto x it it00 it888 other - italy x x it it00 it88p it - offshore installations x it it00 it88q it - aggregates extraction areas x it it00 it88r it - ship to ship transfer x 131 22 109 cy cy00 cyakt akrotiri oil terminal ( ) x cy cy00 cydhk dekeleia (dhekelia) ( ) x cy cy00 cylca larnaka (larnaca) ( ) x cy cy00 cy01m larnaka (larnaca) oil terminal ( ' ) x cy cy00 cylms lemesos (limassol) ( ) x cy cy00 cymoi moni ( ) x cy cy00 cyvas vasiliko (vasilico) ( ) x cy cy00 cy888 other - cyprus x cy cy00 cy88p cy - offshore installations x cy cy00 cy88q cy - aggregates extraction areas x cy cy00 cy88r cy - ship to ship transfer x 7 0 7 lv lv00 lvlpx liep ja x lv lv00 lvmrx mersrags x lv lv00 lvrix r ga x lv lv00 lvroj roja x lv lv00 lvsal salacgriva x lv lv00 lvsku skulte x lv lv00 lvvnt ventspils x lv lv00 lv888 other - latvia x lv lv00 lv88p lv - offshore installations x lv lv00 lv88q lv - aggregates extraction areas x lv lv00 lv88r lv - ship to ship transfer x 7 0 7 lt lt00 ltbot b ting x lt lt00 ltklj klaip da x lt lt00 lt888 other - lithuania x lt lt00 lt88p lt - offshore installations x lt lt00 lt88q lt - aggregates extraction areas x lt lt00 lt88r lt - ship to ship transfer x 2 0 2 mt mt00 mtckw cirkewwa x mt mt00 mtflo floriana mtmla mt mt00 mtmla malta (valletta) x mt mt00 mtdis malta freeport distripark mtmar mt mt00 mtmar marsaxlokk x mt mt00 mtmgz mgarr, gozo x mt mt00 mt888 other - malta x mt mt00 mt88p mt - offshore installations x mt mt00 mt88q mt - aggregates extraction areas x mt mt00 mt88r mt - ship to ship transfer x 6 2 4 nl nl00 nlalb aalburg nl888 nl nl00 nlabl alblasserdam nldor nl nl00 nlaml ameland nl888 nl nl00 nlams amsterdam x nl nl00 nlarn arnhem nl888 nl nl00 nlbgb bergambacht nl888 nl nl00 nlbzm bergen op zoom nl888 nl nl00 nlbev beverwijk nlams nl nl00 nlbnm binnenmaas nl888 nl nl00 nlbor borssele nl888 nl nl00 nlbot botlek nlrtm nl nl00 nlhrx boven-hardinxveld nl888 nl nl00 nlbox boxmeer nl888 nl nl00 nlbrk brakel nl888 nl nl00 nlbrs breskens nl888 nl nl00 nlczd cadzand nl888 nl nl00 nlcpi capelle aan den ijssel nl888 nl nl00 nlcuy cuijk nl888 nl nl00 nldzl delfzijl x nl nl00 nlhag den haag (s-gravenhage) nl888 nl nl00 nldhr den helder x nl nl00 nldev deventer nl888 nl nl00 nldim diemen nl888 nl nl00 nldin dinteloord nl888 nl nl00 nldrk dirksland nl888 nl nl00 nldok dokkum nl888 nl nl00 nldor dordrecht x nl nl00 nldru druten nl888 nl nl00 nlech echt nl888 nl nl00 nleem eemshaven nldzl nl nl00 nleur europoort nlrtm nl nl00 nlshv flushing east (sloehaven) nlzsp nl nl00 nlgtb geertruidenberg nl888 nl nl00 nlgnm genemuiden nl888 nl nl00 nlgen gennep nl888 nl nl00 nlgdr goedereede nl888 nl nl00 nlgor gorinchem nl888 nl nl00 nlgrq groningen nldzl nl nl00 nlhan hansweert/schore nl888 nl nl00 nlhar harlingen x nl nl00 nlhas hasselt nl888 nl nl00 nlhia hendrik-ido-ambacht nl888 nl nl00 nlhgl hengelo nl888 nl nl00 nlhes heusden nl888 nl nl00 nlhvh hoek van holland nlrtm nl nl00 nlhtn hontenisse nl888 nl nl00 nlhzd hoogezand nl888 nl nl00 nlijm ijmuiden nlams nl nl00 nlkam kampen nl888 nl nl00 nlkpl kapelle nlzsp nl nl00 nlklu klundert nlmoe nl nl00 nlkrp krimpen aan de lek nl888 nl nl00 nllan lauwersoog nl888 nl nl00 nllwr leeuwarden nl888 nl nl00 nllch lochem nl888 nl nl00 nlmss maarssen nl888 nl nl00 nlmsb maasbracht nl888 nl nl00 nlmsl maassluis nlrtm nl nl00 nlmst maastricht nl888 nl nl00 nlmak makkum nl888 nl nl00 nlmdm medemblik nl888 nl nl00 nlmew meerlo-wansum nl888 nl nl00 nlmep meppel nl888 nl nl00 nlmid middelburg nl888 nl nl00 nlmih middelharnis nl888 nl nl00 nlmoe moerdijk x nl nl00 nlmoo moordrecht nl888 nl nl00 nlnrw nederweert nl888 nl nl00 nlnlk nieuw-lekkerland nl888 nl nl00 nlnij nijmegen nl888 nl nl00 nloos oosterhout nl888 nl nl00 nloss oss nl888 nl nl00 nlodr ouderkerk aan de amstel nl888 nl nl00 nloai ouderkerk aan den ijssel nl888 nl nl00 nlpap papendrecht nl888 nl nl00 nlper pernis nlrtm nl nl00 nlrew reimerswaal nl888 nl nl00 nlrnk renkum nl888 nl nl00 nlrhe rhenen nl888 nl nl00 nlrid ridderkerk nl888 nl nl00 nlomd roermond nl888 nl nl00 nlroo roosendaal nl888 nl nl00 nlrtm rotterdam x nl nl00 nlroz rozenburg nl888 nl nl00 nlrtg rustenburg nl888 nl nl00 nlsvg sas van gent nl888 nl nl00 nlsmd scheemda nl888 nl nl00 nlsmz scheemderzwaag nldzl nl nl00 nlsho schermerhorn (schermer) nl888 nl nl00 nlsce scheveningen nl888 nl nl00 nlsci schiedam nl888 nl nl00 nlsdw schildwolde nldzl nl nl00 nlgra s-gravendeel nl888 nl nl00 nlhtb s-hertogenbosch nl888 nl nl00 nlsld sliedrecht nl888 nl nl00 nlslo slochteren nl888 nl nl00 nlslu sluiskil nlzsp nl nl00 nlsml smallingerland nl888 nl nl00 nlsnk sneek nl888 nl nl00 nlste steenbergen nl888 nl nl00 nlsti stein nl888 nl nl00 nlstd stellendam nl888 nl nl00 nltnz terneuzen nlzsp nl nl00 nltex texel nl888 nl nl00 nltie tiel nl888 nl nl00 nluit uithoorn nl888 nl nl00 nlutc utrecht nl888 nl nl00 nlvdm veendam nl888 nl nl00 nlver veere nl888 nl nl00 nlveg veghel nl888 nl nl00 nlvel velsen nlams nl nl00 nlvsn velsen-noord nlams nl nl00 nlven venlo nl888 nl nl00 nlvla vlaardingen x nl nl00 nlvli vlissingen nlzsp nl nl00 nlwgw wageningen nl888 nl nl00 nlwso walsoorden nl888 nl nl00 nlwkd werkendam nl888 nl nl00 nlzaa zaandam nl888 nl nl00 nlzlb zaltbommel nl888 nl nl00 nlzsp zeeland seaports x nl nl00 nlzyp zijpe nl888 nl nl00 nlzwi zwijndrecht nl888 nl nl00 nlzwo zwolle nl888 nl nl00 nl888 other - netherlands x x nl nl00 nl88p nl - offshore installations x nl nl00 nl88q nl - aggregates extraction areas x nl nl00 nl88r nl - ship to ship transfer x 124 115 9 pl pl00 pldar darlowo (dar owo) x pl pl00 plelb elblag (elbl g) x pl pl00 plfbk frombork x pl pl00 plgdn gdansk (gda sk) x pl pl00 plgdy gdynia x pl pl00 plhel hel x pl pl00 plkol kolobrzeg (ko obrzeg) x pl pl00 plkmr krynica morska x pl pl00 plmid miedzyzdroje (midzyzdroje) x pl pl00 plnwa nowe warpno x pl pl00 plnow nowy port plgdn pl pl00 plplc police x pl pl00 plsop sopot x pl pl00 plspa stepnica x pl pl00 plswi swinoujscie ( winouj cie) x pl pl00 plszz szczecin x pl pl00 pltbz trzebiez (trzebie ) x pl pl00 plust ustka x pl pl00 plwla wladyslawowo (w adys awowo) x pl pl00 pl888 other - poland x pl pl00 pl88p pl - offshore installations x pl pl00 pl88q pl - aggregates extraction areas x pl pl00 pl88r pl - ship to ship transfer x 19 1 18 pt pt00 ptadh angra do hero smo (ilha terceira, a ores) x pt pt00 ptave aveiro x pt pt00 ptcdp cais do pico (ilha do pico, a ores) x pt pt00 ptcal calheta (ilha de s. jorge, a ores) x pt pt00 ptcnl cani al x pt pt00 ptfao faro x pt pt00 ptfdf figueira da foz x pt pt00 ptfnc funchal (madeira) x pt pt00 pthor horta (ilha das faial, a ores) x pt pt00 ptlaj lajes das flores (ilha das flores, a ores) x pt pt00 ptldp lajes do pico (ilha do pico, a ores) x pt pt00 ptlei leix es x pt pt00 ptlis lisboa x pt pt00 ptmad madalena (ilha do pico, a ores) x pt pt00 ptpdl ponta delgada (ilha de s. miguel, a ores) x pt pt00 ptprm portim o x pt pt00 ptpxo porto santo (ilha de porto santo, madeira) x pt pt00 ptprg praia da graciosa (ilha da graciosa, a ores) x pt pt00 ptprv praia da vit ria (ilha terceira, a ores) x pt pt00 ptset set bal x pt pt00 ptsie sines x pt pt00 ptvel velas (ilha de s. jorge, a ores) x pt pt00 ptvdc viana do castelo x pt pt00 ptvdp vila do porto (ilha de sta maria, a ores) x pt pt00 ptvnc vila nova do corvo (ilha do corvo, a ores) x pt pt00 pt888 other - portugal x pt pt00 pt88p pt - offshore installations x pt pt00 pt88q pt - aggregates extraction areas x pt pt00 pt88r pt - ship to ship transfer x 25 0 25 ro ro00 roagi agigea rocnd ro ro00 robab basarabi x ro ro00 robra braila (br ila) x ro ro00 rocnd constanta (constan a) x ro ro00 rogal galati (gala i) x ro ro00 rolum luminita (lumini a) x ro ro00 romag mangalia x ro ro00 romed medgidia x ro ro00 romid midia x ro ro00 rosul sulina x ro ro00 rotce tulcea x ro ro00 ro888 other - romania x ro ro00 ro88p ro - offshore installations x ro ro00 ro88q ro - aggregates extraction areas x ro ro00 ro88r ro - ship to ship transfer x 11 1 10 si si00 siizo izola x si si00 sikop koper x si si00 sipir piran x si si00 sipow portoroz (portoro ) sipir si si00 si888 other - slovenia x si si00 si88p si - offshore installations x si si00 si88q si - aggregates extraction areas x si si00 si88r si - ship to ship transfer x 4 1 3 fi fi00 fiahk ahkiolahti fi001 fi fi00 fiahv land - other ports fi888 fi fi00 fibra br nd x fi fi00 fidra dragsfj rd x fi fi00 fieck ecker x fi fi00 fienk enonkoski fi001 fi fi00 fiesp espoo x fi fi00 fiejo eurajoki x fi fi00 fifar f rjsund x fi fi00 fifog f gl x fi fi00 fifor f rby x fi fi00 figdb godby x fi fi00 fihap haapam ki fi001 fi fi00 fihmn hamina fi002 fi fi00 fihko hanko x fi fi00 fihau haukipudas fi888 fi fi00 fihel helsinki x fi fi00 fihou houtsk r x fi fi00 fiiis iisalmi fi001 fi fi00 fiima imatra fi001 fi fi00 fiini ini x fi fi00 fiink inkoo x fi fi00 fiisn isn s x fi fi00 fijoe joensuu fi001 fi fi00 fijou joutseno fi001 fi fi00 fijuu juuka fi001 fi fi00 fikjo kalajoki x fi fi00 fiknt kantvik x fi fi00 fikas kaskinen x fi fi00 fikem kemi x fi fi00 fikim kemi x fi fi00 fiktq kitee fi001 fi fi00 fikkr k kar x fi fi00 fikok kokkola x fi fi00 fikor korppoo (korpo) x fi fi00 fiktk kotka fi002 fi fi00 fikvh koverhar x fi fi00 fikrs kristinankaupunki x fi fi00 fikro kronvik fi888 fi fi00 fikum kumlinge x fi fi00 fikuo kuopio fi001 fi fi00 fikus kustavi fi888 fi fi00 filan langn s x fi fi00 filpp lappeenranta fi001 fi fi00 filap lappohja x fi fi00 filov loviisa fihel fi fi00 filuv luvia x fi fi00 fimaa maaninka fi001 fi fi00 fimhq mariehamn x fi fi00 fimer merikarvia x fi fi00 fimik mikkeli fi001 fi fi00 fimus mustola filpp fi fi00 finli naantali x fi fi00 finau nauvo x fi fi00 finer nerkoo fi001 fi fi00 finur nurmes fi001 fi fi00 fioul oulu x fi fi00 fipar parainen x fi fi00 fiper pernaja x fi fi00 fiprs pietarsaari x fi fi00 fipoh pohjankuru x fi fi00 fipor pori x fi fi00 fipuu puumala fi001 fi fi00 firaa raahe x fi fi00 firau rauma x fi fi00 firtr rautaruukki firaa fi fi00 firis ristiina fi001 fi fi00 firuo ruotsinpyht x fi fi00 firym rym ttyl x fi fi00 fisai saarij rvi fi001 fi fi00 fisal salo x fi fi00 fisvl savonlinna fi001 fi fi00 fisii siilinj rvi fi001 fi fi00 fisip sipoo (sibbo) x fi fi00 fiskb skogby x fi fi00 fiskv sk ldvik x fi fi00 fistr str mma fi888 fi fi00 fidls taalintehdas x fi fi00 fitvs taivassalo x fi fi00 fitai tammisaari x fi fi00 fitei teijo x fi fi00 fitok tolkkinen x fi fi00 fitor tornio x fi fi00 fitku turku x fi fi00 fiuim uimaharju fi001 fi fi00 fiukp uusikaarlepyy fi888 fi fi00 fiuki uusikaupunki x fi fi00 fivaa vaasa x fi fi00 fivko valko fihel fi fi00 fivrk varkaus fi001 fi fi00 fivel velkua x fi fi00 fi001 inland ports x x fi fi00 fi002 haminakotka x x fi fi00 fi888 other - finland x x fi fi00 fi88p fi - offshore installations x fi fi00 fi88q fi - aggregates extraction areas x fi fi00 fi88r fi - ship to ship transfer x 91 34 57 se se01 seahu hus x se se01 seala ala x se se02 sealn lven s se88n se se02 seama m l x se se01 sebaa b lsta x se se01 sebea bergkvara x se se01 seber bergs oljehamn x se se02 seboh bohus x se se01 sebol bollstabruk x se se01 sebvk braviken senrk se se02 sebro brofjorden x se se01 sebur bure sesft se se01 sebuv burgsvik x se se01 sedeg degerhamn x se se01 sedjn djur n senrk se se01 sedom domsj x se se01 seell elleholm x se se01 seenk enk ping x se se02 sefag falkenberg x se se01 sefsd f r sund x se se02 sefja fj llbacka se88n se se01 sefli flivik x se se01 sefor forsmark x se se01 segam gamleby sevvk se se01 segvx g vle x se se02 segoa g ta se88n se se02 segot g teborg x se se01 segkv grankullavik x se se02 segre grebbestad x se se01 segrh grisslehamn x se se02 segrd grundsund x se se02 segru gruv n (ports) x se 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se88b se se01 selou loudden sesto se se01 selug lugnvik x se se01 sella lule x se se02 selys lysekil x se se01 semma malm x se se02 semad mariestad x se se01 semon m nster s sejat se se01 semor m rbyl nga x se se02 senol nol (ports) x se se01 senrk norrk ping x se se01 senot norrsundet x se se01 senyn nyn shamn (ports) sesto se se01 seobb obbola seume se se01 seoer rnsk ldsvik x se se01 seort ortviken sesdl se se01 seosk oskarshamn x se se01 seost strand x se se02 seott otterb cken x se se01 seoxe oxel sund (ports) x se se01 sepit pite x se se01 sernh ronehamn x se se01 sernb ronneby x se se01 seror r nnsk r sesft se se01 seruv rundvik x se se02 sesaf s ffle x se se01 sesae sandarne sesoo se se01 sesim simrishamn x se se02 seskt skattk rr x se se01 sesft skellefte x se se01 seske skelleftehamn sesft se se02 sesko skoghall (ports) x se se01 sessr skutsk r x se se01 sesli slite (ports) x se se01 sesoo s derhamn x se se01 sesoe s dert lje x se se01 sesol s lvesborg x se se01 sesor s r ker x se se01 senja ssab sella se se02 seste stenungsund (ports) x se se01 sesta stocka x se se01 sesto stockholm x se se01 sestk stockvik x se se01 sestv stora vika x se se01 sesus storugns x se se01 sestq str ngn s x se se02 sesmd str mstad x se se01 sestu stugsund sesoo se se01 sesdl sundsvall x se se02 sesur surte x se se01 setoe t re x se se01 setrg trelleborg x se se02 sethn trollh ttan (ports) x se se01 setun tunadal x se se02 seudd uddevalla x se se01 seume ume x se se01 seund under s x se se01 seupp uppsala x se se01 seuta utansj x se se01 sevaj v ja x se se01 sevak valdemarsvik se88b se se01 seval vallvik x se se02 sevan v nersborg x se se02 sevag varberg x se se02 sevgn varg n x se se01 sevst v ster s x se se01 sevvk v stervik x se se01 sevby visby x se se01 seviv vivstavarv x se se02 sewal wallhamn x se se01 seyst ystad x se se01 se88b other - sweden baltic x se se09 se888 other - sweden (unknown mca) x se se02 se88n other - sweden north sea x se se09 se88p se - offshore installations - unknown mca x se se09 se88q se - aggregates extraction areas - unknown mca x se se09 se88r se - ship to ship transfer - unknown mca x se se01 se8pb se - offshore installations - baltic x se se02 se8pn se - offshore installations - north sea x se se01 se8qb se - aggregates extraction areas - baltic x se se02 se8qn se - aggregates extraction areas - north sea x se se01 se8rb se - ship to ship transfer - baltic x se se02 se8rn se - ship to ship transfer - north sea x 139 26 113 uk gb01 gbabd aberdeen x uk gb01 gbait aith (shetland islands) gbler uk gb03 ggaci alderney x uk gb01 gbapp appledore x uk gb01 gbasg ardrishaig x uk gb01 gbard ardrossan gbcyp uk gb01 gbamd armadale, isle of skye gbuig uk gb01 gbnar arran gbcyp uk gb01 gbavo avonmouth gbbrs uk gb01 gbayr ayr x uk gb01 gbbsn baltasound (unst, shetland isles) gbler uk gb01 gbbaw baltic wharf gbrfd uk gb01 gbbng bangor (north wales) gbppe uk gb01 gbbkg barking gblon uk gb01 gbbif barrow in furness x uk gb01 gbbhr 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uk gb01 gblys lyness (hoy, orkney islands) gbkwl uk gb01 gbmcd macduff x uk gb01 gbmal maldon x uk gb01 gbmnc manchester x uk gb01 gbman manston gbmnc uk gb01 gbmaw marchwood gbsou uk gb01 gbmrb maryfield (bressay, shetland islands) gbler uk gb01 gbmed medway x uk gb01 gbmth methil gbfor uk gb01 gbmye mid yell (shetland islands) gbler uk gb01 gbmid middlesbrough gbmme uk gb01 gb138 milford docks gbmlf uk gb01 gbmlf milford haven x uk gb01 gbmis mistley x uk gb01 gbmon montrose x uk gb01 gbche mostyn x uk gb01 gbneh neap house gb203 uk gb01 gbnea neath x uk gb01 gbnho new holland gb221 uk gb01 gbncl newcastle upon tyne gbtyn uk gb01 gbnhv newhaven x uk gb01 gbnyl newlyn x uk gb01 gbnpt newport, gwent x uk gb01 gbnpo newport, isle of wight x uk gb01 gbngg nigg gbcrn uk gb01 gbnrf north ferriby gb221 uk gb01 gbnoh north haven (fair isle, shetland islands) gbler uk gb01 gbnro north ronalsday gbkwl uk gb01 gbnsh north shields gbtyn uk gb01 gbnui north uist gblma uk gb01 gbwol north woolwich gblon uk gb01 gbnft northfleet gblon uk gb01 gbnth northwich gbmnc uk gb01 gbnrw norwich gbgty uk gb01 gboba oban x uk gb01 gbodd oddsta (fetlar, shetland islands) gbler uk gb01 gbpad padstow x uk gb01 gbppw papa westray gbkwl uk gb01 gbpst parkeston quay gbhrw uk gb01 gbptt partington gbmnc uk gb02 impel peel, isle of man imdgs uk gb01 gbpem pembroke gbmlf uk gb01 gbped pembroke dock gbmlf uk gb01 gbpen penzance x uk gb01 gbper perth x uk gb01 gbphd peterhead x uk gb01 gb143 peterhead bay gbphd uk gb01 gbply plymouth x uk gb01 gbpoo poole x uk gb01 gbpln port ellen gbiyp uk gb01 gbpgg port glasgow gbcyp uk gb01 gbppe port penrhyn x uk gb01 gbpsb port sutton bridge x uk gb01 gbptb port talbot x uk gb01 gbpru portbury gbbrs uk gb01 gbpoh porthoustock england x uk gb01 gbpth portishead gbbrs uk gb01 gbptl portland gbwey uk gb01 gbprt portree (isle of skye) gbuig uk gb01 gbpme portsmouth x uk gb01 gbpft purfleet gblon uk gb01 gbqub queenborough gbmed uk gb02 imram ramsey, isle of man imdgs uk gb01 gbrmg ramsgate x uk gb01 gbrer redcar gbmme uk gb01 gbren renfrew gbcyp uk gb01 gbric richborough gbsdw uk gb01 gbrid ridham dock gbmed uk gb01 gb221 river hull & humber x uk gb01 gb222 river ouse x uk gb01 gbrcs rochester gbmed uk gb01 gbrfd rochford x uk gb01 gbroy rosyth gbfor uk gb01 gbray rothesay gbcyp uk gb01 gbrou rousay gbkwl uk gb01 gbrow rowhedge gbcol uk gb01 gbrun runcorn gbmnc uk gb01 gbrye rye x uk gb01 gbsed salt end gbhul uk gb01 gbsnj sand (shetland islands) gbler uk gb01 gbndy sanday gbkwl uk gb01 gbsnk sandness (shetland islands) gbler uk gb01 gbswy scalloway (shetland islands) gbler uk gb01 gbsfw scapa flow gbkwl uk gb01 gbsca scarborough gbwtb uk gb01 gbsco sconser (isle of skye) gbuig uk gb01 gbscr scrabster x uk gb01 gbscp scunthorpe gb203 uk gb01 gbsef seaforth gbliv uk gb01 gbsea seaham x uk gb01 gbslb selby gb222 uk gb01 gbspy shapinsay gbkwl uk gb01 gbsss sharpness x uk gb01 gbshs sheerness gbmed uk gb01 gbshv shell haven gblon uk gb01 gbsho shoreham x uk gb01 gbsil silloth x uk gb01 gbsvt silvertown gblon uk gb01 gbskz skeld (shetland islands) gbler uk gb01 gbssh south shields gbtyn uk gb01 gbsou southampton x uk gb01 gbsnd southend gblon uk gb01 gbykh southwick gbsho uk gb03 jesth st helier, jersey x uk gb01 gbsmh st margaret's hope gbkwl uk gb03 ggspt st peter port, guernsey x uk gb01 gbsow stanlow gbmnc uk gb01 gbsct stockton gbmme uk gb01 gbsto stornoway x uk gb01 gbsns stromness gbkwl uk gb01 gbsul sullom voe x uk gb01 gbsun sunderland x uk gb01 gbsus sutton harbour gbply uk gb01 gbswa swansea x uk gb01 gbsym symbister (whalsay, shetland islands) gbler uk gb01 gbtab tarbert gbcyp uk gb01 gbtay tayport gbdun uk gb01 gbmme tees & hartlepool x uk gb01 gbtee teesport gbmme uk gb01 gbtnm teignmouth x uk gb01 gbttl tetney terminal gb221 uk gb01 gbths thames haven (shell haven) gblon uk gb01 gbthp thamesport gbmed uk gb01 gbtrk thurrock gblon uk gb01 gbthr thurso gbscr uk gb01 gbtil tilbury gblon uk gb01 gbtwl tingwall gbkwl uk gb01 gbtob tobermory gbcnu uk gb01 gbtft toft (shetland islands) gbler uk gb01 gbthm topsham gbexm uk gb01 gbtra tranmere gbliv uk gb01 gb203 trent river x uk gb01 gbtrn troon x uk gb01 gbtru truro x uk gb01 gbtyn tyne x uk gb01 gbtym tynemouth gbtyn uk gb01 gbuig uig (isle of skye) x uk gb01 gbull ullapool x uk gb01 gbuls ulsta (yell, shetland islands) gbler uk gb01 gbuye uyeasound (unst, shetland islands) gbler uk gb01 gbvid vidlin (shetland islands) gbler uk gb01 gbwla wallasea gbrfd uk gb01 gbwlz walls (shetland islands) gbler uk gb01 gbwpt warrenpoint x uk gb01 gbwrn warrington gbmnc uk gb01 gbwmb wemyss bay gbcyp uk gb01 gbwbf west burrafirth (shetland islands) gbler uk gb01 gbwsp weston point gbmnc uk gb01 gbwry westray gbkwl uk gb01 gbwey weymouth x uk gb01 gbwtb whitby x uk gb01 gbwhv whitehaven x uk gb01 gbwts whitstable x uk gb01 gbwic wick x uk gb01 gbwis wisbech x uk gb01 gbwiv wivenhoe gbcol uk gb01 gbwor workington x uk gb01 gbwyr wyre gbkwl uk gb01 gbyll yelland x uk gb01 gb88a other - united kingdom (great britain & northern ireland) x x uk gb09 gb888 other - united kingdom (unknown mca) x uk gb03 gb88i other - united kingdom channel islands - unknown x uk gb01 gb8pa uk - offshore installations x uk gb01 gb8qa uk - aggregate extraction areas x uk gb01 gb8ra uk - ship to ship transfer x uk gb03 gg888 other - united kingdom - guernsey x uk gb02 im888 other - united kingdom - isle of man x uk gb03 je888 other - united kingdom - jersey x 334 207 127