(1)

The Union is to ensure the effective protection of the integrity and proper functioning of its financial system and the internal market from money laundering and terrorist financing. Directive (EU) 2015/849 therefore provides that the Commission is to identify third-country jurisdictions which have strategic deficiencies in their regimes on anti-money laundering and countering financing of terrorism (AML/CFT) that pose significant threats to the financial system of the Union (‘high-risk third countries’).

(2)

Commission Delegated Regulation (EU) 2016/1675 (2) identifies high-risk third countries with strategic deficiencies.

(3)

Considering the high level of integration of the international financial system, the close connection of market operators, the high volume of cross-border transactions to and from the Union, and the degree of market openness, any AML/CFT threat posed to the international financial system is also a threat to the financial system of the Union.

(4)

Pursuant to Article 9(4) of Directive (EU) 2015/849, the Commission, when identifying high-risk third countries, is to take into account relevant evaluations, assessments or reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing. Such information includes public statements from the Financial Action Task Force (FATF), the FATF list of ‘Jurisdictions under Increased Monitoring’, and FATF reports of the International Cooperation Review Group in relation to the risks posed by individual third countries.

(5)

Since the latest amendments to Delegated Regulation (EU) 2016/1675, the FATF has updated its list of ‘Jurisdictions under Increased Monitoring’. At its plenary meeting between 21-23 June 2023, the FATF has updated its list of ‘Jurisdictions under Increased Monitoring’ by adding Cameroon and Vietnam to that list. Given those changes, the Commission has conducted an assessment to identify high-risk third countries in accordance with Article 9 of Directive (EU) 2015/849.

(6)

In June 2023, Cameroon made a high-level political commitment to work with the FATF and the Groupe d’Action Contre le Blanchiment d’Argent en Afrique Centrale (GABAC), which is its FATF-style regional body (FSRB), to strengthen the effectiveness of its AML/CFT regime. Since the adoption of its mutual evaluation report in October 2021, Cameroon has made progress on some of the actions recommended in the mutual evaluation report by increasing the resources of the financial intelligence unit (FIU) and by building the capacity of investigation authorities and judicial bodies to effectively conduct money laundering/terrorism financing cases. Cameroon will work to implement its FATF action plan: (1) by aligning AML/CFT national strategies and policies with the findings of the national risk assessment and monitoring their implementation, and demonstrating AML/CFT cooperation and coordination between competent authorities; (2) by ensuring risk-based prioritisation of incoming international cooperation requests in line with risks and responding in an effective manner; (3) by enhancing risk-based supervision of banks and implementing effective risk-based supervision for non-bank financial institutions and designated non-financial businesses and professions, and conducting appropriate outreach to high-risk financial institutions and designated non-financial businesses and professions; (4) by maintaining and ensuring timely access by competent authorities to adequate and up-to-date beneficial ownership information on legal persons, and establishing a sanctions regime for violations of transparency obligations applicable to legal persons; (5) by enhancing secure information exchange between the FIU, reporting entities and competent authorities and demonstrating an increase in dissemination of intelligence reports to support operational needs of competent authorities; (6) by demonstrating that authorities are able to conduct a range of money laundering investigations, and prosecute money laundering in line with risks; (7) by implementing policies and procedures for seizing and confiscating proceeds and instrumentalities of crime and managing frozen, seized and confiscated property, and prioritising seizure and confiscation of assets at the border; (8) by demonstrating that terrorism financing investigations and prosecutions are pursued in line with risk; and (9) by demonstrating effective implementation of terrorism financing and proliferation financing targeted financial sanctions (TFS) regimes and implementing a risk-based approach to non-profit organisations without disrupting legitimate non-profit organisation activities. Despite that commitment and progress, Cameroon has not yet fully addressed the concerns that led to Cameroon being added to the FATF’s list of ‘Jurisdictions under Increased Monitoring’. Cameroon should therefore be considered a third-country jurisdiction that has strategic deficiencies in its AML/CFT regime that pose significant threats to the financial system of the Union as referred to in Article 9(1) of Directive (EU) 2015/849.

(7)

In June 2023, Vietnam made a high-level political commitment to work with the FATF and the Asia Pacific Group (APG), which is its FSRB, to strengthen the effectiveness of its AML/CFT regime. Since the adoption of its mutual evaluation report in November 2021, Vietnam has made progress on some of the actions recommended in the mutual evaluation report by joining the Asset Recovery Interagency Network Asia Pacific and by adopting a national action plan on AML/CTF/countering proliferation financing. Vietnam will work to implement its FATF action plan: (1) by increasing risk understanding, domestic coordination and cooperation to combat money laundering/terrorist financing; (2) by enhancing international cooperation; (3) by implementing effective risk-based supervision for financial institutions and designated non-financial businesses and professions; (4) by taking action to regulate virtual assets and virtual asset service providers; (5) by addressing technical compliance deficiencies, including with respect to the money laundering offence, TFS, customer due diligence and suspicious transaction reporting; (6) by conducting outreach activities with the private sector; (7) by establishing a regime that provides competent authorities with adequate, accurate and up-to-date information on beneficial ownership; (8) by ensuring the independence of the FIU and enhancing the quality and quantity of financial intelligence analysis and disseminations; (9) by prioritising parallel financial investigations and demonstrating an increase in the number of money laundering investigations and prosecutions undertaken; and (10) by demonstrating that there is monitoring of financial institutions and designated non-financial businesses and professions for compliance with proliferation financing TFS obligations and that there is cooperation and coordination between authorities to prevent proliferation financing TFS from being evaded. Despite that commitment and progress, Vietnam has not yet fully addressed the concerns that led to Vietnam being added to the FATF’s list of ‘Jurisdictions under Increased Monitoring’. Vietnam should therefore be considered a third-country jurisdiction that has strategic deficiencies in its AML/CFT regime that pose significant threats to the financial system of the Union as referred to in Article 9(1) of Directive (EU) 2015/849.

(8)

The Commission therefore concludes that Cameroon and Vietnam should be considered third-country jurisdictions which have strategic deficiencies in their AML/CFT regimes that pose significant threats to the financial system of the Union. Cameroon and Vietnam should therefore be added to the table in point I of the Annex to Delegated Regulation (EU) 2016/1675.

(9)

Delegated Regulation (EU) 2016/1675 should therefore be amended accordingly,

(1)

The ESF+ Regulation requires the managing authorities to report twice to the Commission the results of a structured survey of the end recipients regarding the support received from the ESF+ under the specific objective set out in point (m) of Article 4(1) of the ESF+ Regulation and also focusing on their living conditions and the nature of their material deprivation, carried out during the previous year. The first such reporting shall take place by 30 June 2025 and the second by 30 June 2028.

(2)

This structured survey on end recipients is one of the instruments to be used to evaluate the European Social Fund Plus (ESF+). In order to ensure the survey yields high-quality results and makes a useful contribution to the evaluation of the ESF+, it is necessary to establish a template that enables the aggregation of data at European Union level,

(1)

The Council imposed by Implementing Regulation (EU) No 1194/2013 a definitive anti-dumping duty on imports of biodiesel originating in Argentina and Indonesia (‘the original Regulation’) (2). This Regulation entered into force on 27 November 2013.

(2)

On 15 September 2016, the General Court of the European Union (‘the General Court’) delivered the judgments in cases T-80/14 (3), T-111/14 to T-121/14 (4) and T-139/14 (5) (‘the judgments’) annulling Articles 1 and 2 of the original Regulation to the extent that they applied to the applicants in those cases (‘the exporting producers concerned’) (6). The Council of the European Union had initially appealed the judgments but following the Council’s decision in 2018 to withdraw its appeals, the judgments became definitive and binding as from the date of their delivery.

(3)

On 26 October 2016 the WTO Dispute Settlement Body (‘DSB’) adopted the panel report, as modified by the Appellate Body report (‘the Argentina Reports’), in the case European Union – Anti-Dumping Measures on Biodiesel from Argentina dispute (DS473) (7). Among other things, the reports found that the cost adjustment performed by the EU when it imposed anti-dumping duties on biodiesel originating in Argentina was incompatible with WTO law.

(4)

On 18 September 2017, the Commission adopted Implementing Regulation (EU) 2017/1578 implementing the DSB findings in DS473 and amending the original Regulation as far as imports from Argentina were concerned (‘the amending Regulation’) (8).

(5)

On 28 February 2018, the DSB also adopted the panel report in the case European Union – Anti-Dumping Measures on Biodiesel from Indonesia dispute (DS480) (‘the Indonesia Report’) (9). Neither Indonesia nor the EU appealed that report which main finding was similar to the one in DS473, notably that the cost adjustment performed by the EU as regards Indonesian imports was incompatible with WTO law.

(6)

By Implementing Regulation (EU) 2018/1570 (10) the Commission terminated the proceedings concerning imports of biodiesel originating in Argentina and Indonesia and repealed Implementing Regulation (EU) No 1194/2013.

(7)

By Implementing Regulation (EU) 2018/1570 the Commission instructed customs authorities that the definitive anti-dumping duties paid pursuant to Implementing Regulation (EU) No 1194/2013 on imports of biodiesel from Argentina and Indonesia and the provisional duties definitively collected in accordance with Article 2 of that Regulation shall be repaid or remitted insofar as they related to imports of biodiesel sold for export to the Union by the exporting producers in Argentina and Indonesia that had successfully challenged the original regulation before the Court (11). On the other hand, the Commission found that the anti-dumping duties that had been levied on other companies had been legally collected under Union law and should not be repaid or remitted. The repayment or remission had to be requested from national customs authorities in accordance with the applicable customs legislation.

(8)

On 22 June 2023, the Court of Justice ruled in case C-268/22, Vitol v. Belgische Staat (12), concerning a request for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union (‘TFEU’) from the Nederlandstalige rechtbank eerste aanleg Brussel, that Implementing Regulation (EU) No 1194/2013, as amended by Implementing Regulation (EU) 2017/1578, is invalid. In particular, the Court of Justice noted that all the appropriate conclusions must be drawn from the findings made by both the General Court and the Commission itself further to the re-opening, in May 2018, of the anti-dumping investigation regarding the imports of biodiesel originating in Argentina and Indonesia (13).

(9)

According to Article 266 of the TFEU, the Union institutions are required to take the necessary steps to comply with the Court’s judgments.

(10)

The Commission recalled that Implementing Regulation (EU) No 1194/2013, as amended, was repealed as from 20 October 2018 by Implementing Regulation (EU) 2018/1570. However, the judgment in case C-268/22 has the effect of invalidating the original Regulation, as amended in 2017, erga omnes and ex-tunc. In other words, the ruling is applicable to all parties and Implementing Regulation (EU) No 1194/2013, as amended, is considered invalid from the day it entered into force with respect to all parties.

(11)

The Commission considered that the errors found by the Court cannot be remedied so that the correct application of the rules could not warrant the reimposition of the measures. Accordingly, Implementing Regulation (EU) No 1194/2013, as amended by Implementing Regulation (EU) 2017/1578, shall be repealed in its entirety with effect from 27 November 2013. Furthermore, any definitive duty paid, and provisional duty collected pursuant to Implementing Regulation (EU) No 1194/2013, as amended, shall be repaid or remitted in accordance with the applicable customs legislation. It follows, in particular, that any operator which has paid those duties is able, in principle, to claim their repayment only if and in so far as the three-year period laid down for that purpose in Article 121(1)(a) of the Union Customs Code has not expired. The fact that Regulation (EU) No 1194/2013 has been declared invalid (including with erga omnes effect) would not represent an unforeseeable circumstance or force majeure allowing for an extension of this period under second subparagraph of Article 121(1) of the Union Customs Code.

(12)

In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (14) when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.

(13)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

(1)

By means of Decision 98/591/EC (2), the Council approved the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (3) (‘the Agreement’). The Agreement was signed in Washington, DC, on 5 December 1997 and entered into force on 14 October 1998.

(2)

In accordance with Article 12, point (b), of the Agreement, the Agreement was concluded for an initial period of five years. Subject to review by the Parties in the final year of each successive period, the Agreement can be extended, with possible amendments, for additional periods of five years by mutual written agreement between the Parties.

(3)

By means of Decisions 2004/756/EC (4), 2009/306/EC (5), 2014/240/EU (6) and (EU) 2018/1578 (7), the Council approved the extension of the Agreement for successive additional periods of five years. The Agreement is due to expire on 14 October 2023.

(4)

The assessment carried out by the Commission demonstrates that the Agreement provides an important framework for facilitating cooperation between the Union and the United States of America in common priority areas for science and technology, leading to mutual benefits. It is therefore in the Union’s interest to extend the Agreement for an additional period of five years.

(5)

The Exchange of Letters between the Parties, dated 7 November 2022 and 13 December 2022, confirmed their interest in extending the Agreement for an additional period of five years.

(6)

The extension of the Agreement should therefore be approved on behalf of the Union,

(1)

Pursuant to Article 300(2) of the Treaty, the Economic and Social Committee is to consist of representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socioeconomic, civic, professional and cultural areas.

(2)

On 2 October 2020, the Council adopted Decision (EU) 2020/1392 (2), appointing the members of the European Economic and Social Committee for the period from 21 September 2020 to 20 September 2025.

(3)

A member’s seat on the European Economic and Social Committee has become vacant following the resignation of Mr Thord Stefan BACK.

(4)

The Swedish Government has proposed Mr Tomas ARVIDSSON, Direktör, Transportindustriförbundet (Transportföretagen), Svenskt Näringslivs allmänna avdelning (Director, Swedish Confederation of Transport Enterprises, the General Department of the Confederation of Swedish Enterprise), as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2025,

(1)

Pursuant to Article 300(2) of the Treaty, the Economic and Social Committee is to consist of representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socioeconomic, civic, professional and cultural areas.

(2)

On 2 October 2020 the Council adopted Decision (EU) 2020/1392 (2), appointing the members of the European Economic and Social Committee for the period from 21 September 2020 to 20 September 2025.

(3)

Two members’ seats on the European Economic and Social Committee have become vacant following the resignations of Mr Timo VUORI and Ms Janica YLIKARJULA.

(4)

The Finnish Government has proposed Mr Teppo SÄKKINEN, Elinkeino- ja ilmastoasiantuntija, Keskuskauppakamari (Climate expert, Finland Chamber of Commerce), and Ms Päivi WOOD, Johtava asiantuntija, Elinkeinoelämän keskusliitto (Chief policy adviser on EU affairs, Confederation of Finnish Industries, EK) as members of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2025,

—

Mr Teppo SÄKKINEN, Elinkeino- ja ilmastoasiantuntija, Keskuskauppakamari (Climate expert, Finland Chamber of Commerce),

and

—

Ms Päivi WOOD, Johtava asiantuntija, Elinkeinoelämän keskusliitto (Chief policy adviser on EU affairs, Confederation of Finnish Industries, EK).

(1)

Pursuant to Article 300(2) of the Treaty, the Economic and Social Committee is to consist of representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socioeconomic, civic, professional and cultural areas.

(2)

On 2 October 2020, the Council adopted Decision (EU) 2020/1392 (2), appointing the members of the European Economic and Social Committee for the period from 21 September 2020 to 20 September 2025.

(3)

A member’s seat on the European Economic and Social Committee has become vacant following the resignation of Ms Ulla MOTH-LUND CHRISTENSEN.

(4)

The Danish Government has proposed Ms Juliane Marie NEIIENDAM, Bestyrelsesmedlem i Kvinderådet Danmark (Board member of the Women’s Council Denmark), as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2025,

(1)

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

(2)

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

(3)

An alternate member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Christodoulos IOANNOU.

(4)

The Cyprus Government has proposed Ms Isabella TYMVIOU, representative of a local body who holds a local authority electoral mandate, Δημοτική Σύμβουλος-Δήμος Λευκωσίας (City Councillor, Nicosia Municipality), as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025,

(1)

On 31 March 2020, the Council adopted Decision (CFSP) 2020/472, which established and launched a European Union military operation in the Mediterranean (EUNAVFOR MED IRINI).

(2)

Pursuant to Article 8(2) of Decision (CFSP) 2020/472, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander for EUNAVFOR MED IRINI.

(3)

On 4 April 2023, the PSC adopted Decision (CFSP) 2023/743 (2) appointing Rear Admiral Valentino RINALDI as EU Force Commander for EUNAVFOR MED IRINI from 1 April 2023.

(4)

On 5 September 2023, the Greek military authorities proposed the appointment of Commodore Konstantinos BAKALAKOS to succeed Rear Admiral Valentino RINALDI as the EU Force Commander of EUNAVFOR MED IRINI from 1 October 2023. The EU Operation Commander supported that proposed appointment.

(5)

On 12 September 2023, the EU Military Committee supported the recommendation made by the Greek military authorities.

(6)

A decision on the appointment of Commodore Konstantinos BAKALAKOS as EU Force Commander for EUNAVFOR MED IRINI should be taken.

(7)

Decision (CFSP) 2023/743 should be repealed,