ISSN 1977-0677
Official Journal
of the European Union
L 350
English edition
Legislation
Volume 59
22 December 2016
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Official Journal of the European Union |
L 350 |
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English edition |
Legislation |
Volume 59 |
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Contents |
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INTERNATIONAL AGREEMENTS |
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REGULATIONS |
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DECISIONS |
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Commission Implementing Decision (EU) 2016/2367 of 21 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (notified under document C(2016) 8977) ( 1 ) |
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ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
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(1) Text with EEA relevance |
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Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
INTERNATIONAL AGREEMENTS
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22.12.2016 |
EN |
Official Journal of the European Union |
L 350/1 |
COUNCIL DECISION (CFSP) 2016/2360
of 28 November 2016
on the signing and conclusion of the Acquisition and Cross-Servicing Agreement between the European Union and the United States of America
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
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(1) |
By virtue of Article 42 TEU, the Union may carry out military operations outside the Union. With a view to preparing those operations, military exercises could also take place outside the Union. |
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(2) |
Such operations may require logistic support, and supplies and services for the benefit of the deployed headquarters and the deployed national contingents of the operation that the Member States are not always able to provide. |
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(3) |
There is also a possibility that the deployed headquarters or the deployed national contingents of the operation may be asked and be ready to provide logistic support, and supplies and services to units of the United States of America present in the theatre of the operation. |
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(4) |
Pursuant to Article 41(2) TEU, operating expenditure to which military operations give rise is to be charged to the Member States. In view of that provision, the Union is not allowed to make commitments which could result in financial consequences for the Member States. |
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(5) |
The Athena Mechanism set up by Council Decision (CFSP) 2015/528 (1) is authorised to act on behalf of the Member States in the field of the financing of the Union military operations. |
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(6) |
Following the adoption of a Decision by the Council on 17 November 2015 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy negotiated the Acquisition and Cross-Servicing Agreement between the European Union and the United States of America (‘the Agreement’). |
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(7) |
In accordance with Article 5 Protocol No 22 on the position of Denmark annexed to the TEU and to the TFEU, 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. |
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(8) |
The Agreement should be approved, |
HAS ADOPTED THIS DECISION:
Article 1
The Acquisition and Cross-Servicing Agreement between the European Union and the United States of America 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 is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 28 November 2016.
For the Council
The President
P. ŽIGA
(1) Council Decision (CFSP) 2015/528 of 27 March 2015 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP (OJ L 84, 28.3.2015, p. 39).
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22.12.2016 |
EN |
Official Journal of the European Union |
L 350/3 |
ACQUISITION AND CROSS-SERVICING AGREEMENT
between the European Union and the United States of America
(US-EU-01)
The European Union (EU) and the United States of America, hereinafter referred to as the Parties, desiring to further the interoperability, readiness, and effectiveness of their respective Military Forces through increased logistic cooperation, have resolved to conclude this Acquisition and Cross-Servicing Agreement (this Agreement).
Article I
Purpose
This Agreement is entered into for the purpose of establishing basic terms, conditions, and procedures to facilitate the reciprocal provision of Logistic Support, Supplies, and Services as that term is defined in Article II of this Agreement.
Article II
Definitions
1. As used in this Agreement and in any Implementing Arrangements that provide specific procedures, the following definitions apply:
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(a) |
Administrator. The administrator of Athena. |
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(b) |
Athena. The mechanism that is the subject of Council Decision (CFSP) 2015/528. |
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(c) |
Classified Information. Information and material (i) the unauthorized disclosure of which could cause varying degrees of damage or harm to the interests of the United States of America, or of the EU or one or more of its Member States; (ii) which requires protection against unauthorized disclosure in the security interest of the United States of America or the EU; and (iii) which bears a security classification assigned by the United States of America or the EU. The information may be in oral, visual, electronic, magnetic, or documentary form, or in the form of material, including equipment or technology. |
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(d) |
Equal-Value-Exchange. Payment for a transfer conducted under this Agreement in which it is agreed that the Receiving Party shall replace Logistic Support, Supplies, and Services that it receives with Logistic Support, Supplies, and Services of an equal monetary value. |
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(e) |
EU Member States. States having established among themselves a European union called ‘the Union’ on which they confer competences to obtain objectives they have in common. |
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(f) |
EU Operation Commander. The EU military authority exercising the command of an EU military operation or exercise. This includes any EU Mission Commander exercising the command of an EU military mission, where that command includes the functions normally exercised by an Operation Commander. |
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(g) |
Implementing Arrangement. A written supplementary arrangement for Logistic Support, Supplies, and Services that specifies details, terms, and conditions to implement this Agreement. |
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(h) |
Invoice. A document from the Supplying Party that requests reimbursement or payment for specific Logistic Support, Supplies, and Services rendered pursuant to this Agreement and any applicable Implementing Arrangements. |
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(i) |
Logistic Support, Supplies, and Services. Food, water, billeting, transportation (including airlift), petroleum, oils, lubricants, clothing, communication services, medical services, ammunition, base operations support (and construction incident to base operations support), storage services, use of facilities, training services, spare parts and components, repair and maintenance services, calibration services, and port services. The term also includes the temporary use of general purpose vehicles and other nonlethal items of military equipment, where such lease or loan is permitted under the respective laws and regulations of the United States of America and of the relevant EU Member States participating in the EU operation. The term ‘Logistic Support, Supplies, and Services’ refers to support, supplies or services from any or all of the foregoing categories. |
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(j) |
Military Forces of a Party. The military forces of the United States of America or the military forces of the EU understood as contingents put at the disposal of the EU by the EU Member States participating in the EU operation or exercise including headquarters and national elements supporting the operation or exercise. |
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(k) |
Order. A written request, in an agreed-upon format and signed by an authorized individual, for the provision of specific Logistic Support, Supplies, and Services pursuant to this Agreement and any applicable Implementing Arrangement. |
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(l) |
Point of Contact (POC). An office, agency, individual, or in the case of the European Union, an Authorizing officer of Athena, that is authorized by a Party to sign an Order requesting or agreeing to supply Logistic Support, Supplies, and Services under this Agreement, or to collect or make payments for Logistic Support, Supplies, and Services supplied or received under this Agreement. The POCs are listed in the separate notifications exchanged between Athena and the Department of Defense of the United States of America. |
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(m) |
Receiving Party. The Party ordering and receiving Logistic Support, Supplies and Services. |
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(n) |
Replacement-in-Kind. Payment for a Transfer conducted under this Agreement in which it is agreed that the Receiving Party shall replace Logistic Support, Supplies, and Services that it receives with Logistic Support, Supplies, and Services of an identical, or substantially identical, nature under agreed conditions. |
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(o) |
Supplying Party. The Party providing Logistic Support, Supplies, and Services. |
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(p) |
Transfer. Selling (whether for payment in currency, Replacement-in-Kind, or Equal-Value-Exchange), leasing, loaning, or otherwise temporarily providing Logistic Support, Supplies, and Services under the terms of this Agreement. |
Article III
Applicability
1. This Agreement is designed to facilitate reciprocal provision of Logistic Support, Supplies, and Services between the Parties to be used primarily during combined exercises, training, deployments, port calls, operations, or other cooperative efforts, or for unforeseen circumstances or exigencies in which one of the Parties may have a need for Logistic Support, Supplies, and Services.
2. This Agreement applies to the provision of Logistic Support, Supplies, and Services from the Military Forces of one Party to the Military Forces of the other Party in return for either cash payment or the reciprocal provision of Logistic Support, Supplies, and Services to the Military Forces of the Supplying Party.
3. All activities of the Parties under this Agreement and any Implementing Arrangements shall be carried out in accordance with their respective laws and regulations. All obligations of the Parties under this Agreement and any associated Implementing Arrangements shall be subject to the availability of funds for such purposes. Unless otherwise agreed in advance, a Party shall not place an Order and receive support under this Agreement and any associated Implementing Arrangement unless it has funds (or agreed-upon in-kind support) available to pay for such support. If a Party discovers that it does not have the funds to fulfill its obligations, it shall promptly notify the other Party, which shall have the right to discontinue its provision of any support that was to be paid for with such funds. This shall not affect the obligation of a Party to pay for support already received.
4. The following items are not eligible for transfer under this Agreement, and are specifically excluded from its coverage:
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(a) |
weapon systems; |
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(b) |
major end items of equipment (except for the lease or loan of general purpose vehicles and other nonlethal items of military equipment where such lease or loan is permitted under the respective laws and regulations of the United States of America and of the relevant EU Member States participating in the EU operation); and |
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(c) |
initial quantities of replacement and spare parts associated with the initial order of major items of organizational equipment; however, individual replacement and spare parts needed for immediate repair and maintenance services may be transferred. |
5. Also excluded from transfer by either Party under this Agreement are any items the transfer of which is prohibited by the respective laws and regulations of the United States of America or of the relevant EU Member States participating in the EU operation. In accordance with U.S. law and regulation, the United States of America currently may not transfer the following items under this Agreement:
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(a) |
guided missiles; |
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(b) |
naval mines and torpedoes; |
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(c) |
nuclear ammunition (including such items such as warheads, warhead sections, projectiles, demolition munitions, and training ammunition); |
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(d) |
cartridge and propellant-actuated devices; |
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(e) |
chaff and chaff dispensers; |
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(f) |
guidance kits for bombs or other ammunition; |
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(g) |
chemical munitions or ammunition (which do not include riot-control agents); |
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(h) |
source, by-product, or special nuclear materials, or any other material, article, data, or thing of value the transfer of which is subject to the Atomic Energy Act of 1954 (Title 42, United States Code, Section 2011, et seq.); and |
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(i) |
items of military equipment designated as Significant Military Equipment on the United States Munitions List (Part 121 of Title 22 of the U.S. Code of Federal Regulations), except as allowed under the definition of Logistic Support, Supplies, and Services under U.S. law. |
Article IV
terms and conditions
1. Each Party shall make its best efforts, consistent with its respective priorities, to satisfy requests from the other Party under this Agreement for Logistic Support, Supplies, and Services. However, when an Implementing Arrangement contains a stricter standard for satisfying such requests, the standard in the Implementing Arrangement shall apply.
2. Orders may be placed or accepted only by the POCs, or designees, identified by the Parties in a notification exchanged between Athena and the Department of Defense of the United States of America.
3. An Implementing Arrangement under this Agreement may be negotiated on behalf of the United States of America by the Department of Defense, represented by Headquarters, U.S. European Command (USEUCOM), the Headquarters of other U. S. Combatant Commands, or their designees. Implementing Arrangements may be negotiated on behalf of the EU by Athena, represented by the Administrator or the Administrator's designee, or by the EU Operation Commander. Implementing Arrangements may identify POCs and their specific authorizations or limitations.
4. Prior to submitting a written Order, the Receiving Party should initially contact the Supplying Party's POC, including by telephone, fax, or email, to ascertain availability, price, and desired method of repayment for required materiel or services. Orders shall include all the data elements in Annex A, as well as any other terms and details necessary to carry out the Transfer. A Standard Order Form is attached as Tab A to Annex A. The number of this Agreement, US-EU-01, should be annotated on all Orders and related correspondence.
5. Both Parties shall maintain records of all transactions.
6. The Receiving Party is responsible for:
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(a) |
Arranging pick-up and transportation of supplies acquired under this Agreement. This does not preclude the Supplying Party from assisting with loading supplies acquired under this Agreement onto the transportation conveyance. |
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(b) |
Obtaining any applicable customs clearance and arranging other official actions required by the applicable customs regulations. |
7. The individual designated by the Receiving Party to receive the Logistic Support, Supplies, and Services on behalf of the Receiving Party shall sign the Standard Order Form (Annex A, Tab A) in the appropriate block as evidence of receipt. If the Standard Order Form is not available at the Supplying Party's point of issue, the individual receiving the Logistic Support, Supplies, and Services shall sign the receipt document provided by the Supplying Party as a substitute. The number of this Agreement, US-EU-01, shall be entered on the receipt document.
8. The Supplying Party shall be responsible for:
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(a) |
Notifying the Receiving Party when and where Logistic Support, Supplies, and Services are available to be picked up; and |
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(b) |
Forwarding the signed receipt document to the POC authorized to accept Orders under this Agreement. The signed receipt document shall be attached to the original Order Form. |
9. Logistic Support, Supplies, and Services received through this Agreement shall not be retransferred, either temporarily or permanently, to any other country, international organization, or entity (other than the personnel, employees, or agents of the Military Forces of the Receiving Party) without the prior written consent of the Supplying Party obtained through applicable channels.
Article V
Reimbursement
1. The European Union shall ensure that its Member States, directly or through Athena, reimburse the United States of America for all Logistic Support, Supplies, and Services provided by the United States of America pursuant to this Agreement, in accordance with the procedures set forth in Annex B.
2. The United States of America shall reimburse Athena for all Logistic Support, Supplies, and Services provided by the European Union pursuant to this Agreement, in accordance with the procedures set forth in Annex B.
Article VI
Waived or excluded costs
Insofar as the applicable laws and regulations permit, the Parties shall ensure that any readily identifiable duties, taxes, and similar charges are not imposed on activities conducted under this Agreement. The Parties shall cooperate to provide proper documentation to maximize tax and customs relief, including under any applicable tax and customs relief agreements. The Parties shall inform each other whether the price charged for Logistic Support, Supplies, and Services includes taxes or duties. In determining whether duties, taxes, or similar charges should be levied, the pricing principles in Article V and Annex B govern the value of the Logistic Support, Supplies, and Services provided by the Supplying Party.
Article VII
Liability
Each Party waives all claims it may have (other than claims associated with the reimbursement for assistance provided hereunder) against the other Party for damage to, or loss or destruction of, its property or injury or death to its personnel arising out of activities of the Military Forces, personnel, employees, agents, and contractors (including subcontractors) of the other Party pursuant to this Agreement. Claims of third parties filed against the United States of America or the EU for damages or loss caused by their respective Military Forces, personnel, employees, agents, or contractors (including subcontractors) arising from activities under this Agreement shall be resolved by the Party against which such claims are filed in accordance with that Party's applicable laws, rules and regulations.
Article VIII
Security of information
It is the intent of the Parties that activities under this Agreement and any Implementing Arrangements be carried out at the unclassified level. No Classified Information shall be provided or generated under this Agreement or any Implementing Arrangements.
Article IX
Interpretation and amendments
1. Any disagreements regarding the interpretation or application of this Agreement, any Implementing Arrangements, or transactions executed hereunder shall be resolved through consultation between the Parties and shall not be referred to any national or international tribunal, or third party for settlement.
2. Either Party may, at any time, request amendment of this Agreement by providing written notice to the other Party. In the event such a request is made, the Parties shall enter into negotiations promptly. This Agreement may be amended only by written agreement between the Parties.
Article X
Entry into force and termination
This Agreement, which consists of a Preamble, Articles I-X, and Annexes A and B, shall enter into force upon the date of the last signature. This Agreement shall remain in force unless terminated by the mutual written consent of the Parties or by either Party giving not less than 180 days' notice in writing to the other Party of its intent to terminate. Notwithstanding termination of this Agreement, all reimbursement obligations incurred pursuant to its terms shall remain binding on the responsible Party until satisfied.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Agreement.
DONE at Brussels, on this sixth day of December 2016, in duplicate, in the English language.
For the European Union
For the United States of America
LIST OF ANNEXES
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ANNEX A |
Minimum Essential Data Elements for Orders |
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TAB A |
Standard Order Form |
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ANNEX B |
Reimbursement |
ANNEX A
MINIMUM ESSENTIAL DATA ELEMENTS FOR ORDERS
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(1) |
Date of Order |
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(2) |
Designation and address of office to be billed |
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(3) |
Numerical listing of stock numbers of items, if any |
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(4) |
Quantity and description of material/services requested |
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(5) |
Quantity furnished |
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(6) |
Unit of Measurement |
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(7) |
Unit price in currency specified by the billing Party, or as otherwise agreed to in the Order |
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(8) |
Quantity furnished (5) multiplied by unit price (7) |
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(9) |
Currency specified by the billing Party, or as otherwise agreed to in the Order |
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(10) |
Total Order amount expressed in currency specified by billing Party, or as otherwise agreed to in the Order |
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(11) |
Name (typed or printed), signature, and title of authorized Ordering representative |
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(12) |
Payee to be designated on remittance |
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(13) |
Designation and address of office to receive remittance |
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(14) |
Recipient's signature acknowledging Logistic Support, Supplies, or Services received on the Order or a separate supplementary document |
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(15) |
Document number of Order |
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(16) |
Receiving organization |
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(17) |
Issuing organization |
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(18) |
Transaction type |
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(19) |
Fund citation or certification of availability of funds when applicable under Parties' procedures |
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(20) |
Date and place of original transfer; in the case of an Exchange Transaction, a replacement schedule including time and place of replacement transfer |
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(21) |
Name, signature and title of authorized acceptance official |
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(22) |
Additional special requirement, if any, such as transportation, packaging, etc. |
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(23) |
Limitation of government liability |
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(24) |
Name, signature, date and title of Supplying Party official who actually issues Logistic Support, Supplies, or Services. |
ANNEX B
REIMBURSEMENT
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1. |
For transfers of Logistic Support, Supplies, and Services under this Agreement, the Parties shall agree on payment either by cash (‘Reimbursable Transaction’), or by Replacement-in-Kind or an Equal-Value-Exchange (both of which are ‘Exchange Transactions’). The Receiving Party shall pay the Supplying Party as provided in either paragraph 1.a. or paragraph 1.b. of this Annex.
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2. |
When a definitive price for the Order is not agreed to in advance, the Order, pending agreement on final price, shall set forth a maximum liability to the Party ordering the Logistic Support, Supplies, and Services. Then the Parties shall enter into negotiations promptly to establish the final price. |
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3. |
POCs for payments and collections for each Party are identified in the notifications exchanged between Athena and the Department of Defense of the United States of America. |
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4. |
The price for Logistic Support, Supplies, and Services under this Agreement shall not be higher than the price for the same Logistic Support, Supplies, and Services available under any other applicable agreement. |
REGULATIONS
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22.12.2016 |
EN |
Official Journal of the European Union |
L 350/15 |
COMMISSION REGULATION (EU) 2016/2361
of 15 December 2016
establishing a prohibition of fishing for Greater forkbeard in Union and international waters of VIII and IX and Union and international waters of V, VI, VII by vessels flying the flag of Portugal
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 (1), and in particular Article 36(2) thereof,
Whereas:
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(1) |
Council Regulation (EU) No 1367/2014 (2) lays down quotas for 2016. |
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(2) |
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2016. |
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(3) |
It is therefore necessary to prohibit fishing activities for that stock, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2016 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 December 2016.
For the Commission,
On behalf of the President,
João AGUIAR MACHADO
Director-General
Directorate-General for Maritime Affairs and Fisheries
(1) OJ L 343, 22.12.2009, p. 1.
(2) Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, p. 1).
ANNEX
|
No |
40/TQ1367 |
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Member State |
Portugal |
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Stock |
GFB/89- and special condition GFB/*567- |
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Species |
Greater forkbeard (Phycis blennoides) |
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Zone |
Union and international waters of VIII and IX and Union and international waters of V, VI, VII |
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Closing date |
30.11.2016 |
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22.12.2016 |
EN |
Official Journal of the European Union |
L 350/18 |
COMMISSION IMPLEMENTING REGULATION (EU) 2016/2362
of 20 December 2016
correcting Implementing Regulation (EU) 2016/2073 as regards the amount available for France for the reimbursement of the appropriations carried over from financial year 2016
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 26(6) thereof,
After consulting the Committee on the Agricultural Funds,
Whereas:
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(1) |
Commission Implementing Regulation (EU) 2016/2073 (2) sets the amounts made available to the Member States for reimbursement to the final recipients in financial year 2017. Those amounts correspond to the financial discipline reduction actually applied by the Member States in financial year 2016 on the basis of the Member States' declarations of expenditure for the period from 16 October 2015 to 15 October 2016. |
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(2) |
In respect of France, an error occurred in the IT system of the Commission treating the Member States' declarations with a view to setting the gross amounts of expenditure subject to financial discipline. That error resulted in an erroneous amount of financial discipline applied and hence an error in the amount made available for reimbursement in France. The error does not affect the amounts set for other Member States. |
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(3) |
With a view to compliance with the legal basis for reimbursement and in order to ensure the protection of the financial interests of the Union, the amount made available for reimbursement in France should be corrected. |
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(4) |
As a consequence, the total amount of financial discipline applied by the Member States in financial year 2016, as referred to in recital 5 of Implementing Regulation (EU) 2016/2073, is EUR 433 million. |
|
(5) |
Implementing Regulation (EU) 2016/2073 should therefore be corrected accordingly. |
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(6) |
As the correction made by this Regulation affects the application of Implementing Regulation (EU) 2016/2073, which applies from 1 December 2016, this Regulation should also apply from 1 December 2016, |
HAS ADOPTED THIS REGULATION:
Article 1
In the Annex to Implementing Regulation (EU) 2016/2073, the entry for France is replaced by the following:
|
‘France |
88 824 479 ’ |
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union
It shall apply from 1 December 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 2016.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General
Directorate-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 549.
(2) Commission Implementing Regulation (EU) 2016/2073 of 23 November 2016 on the reimbursement, in accordance with Article 26(5) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, of the appropriations carried over from financial year 2016 (OJ L 320, 26.11.2016, p. 25).
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22.12.2016 |
EN |
Official Journal of the European Union |
L 350/20 |
COMMISSION IMPLEMENTING REGULATION (EU) 2016/2363
of 21 December 2016
amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,
Whereas:
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(1) |
Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation. |
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(2) |
On 16 December 2016, the Sanctions Committee of the United Nations Security Council decided to remove seven entities from the list of persons or entities to whom the freezing of funds and economic resources should apply. |
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(3) |
Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2016.
For the Commission,
On behalf of the President,
Acting Head of the Service for Foreign Policy Instruments
ANNEX
In Annex III to Council Regulation (EC) No 1210/2003, the following entries are deleted:
|
‘63. |
IRAQI NATIONAL OIL COMPANY (INOC), including its subsidiaries and associated companies: CENTRAL PETROLEUM ESTABLISHMENT; NORTHERN PETROLEUM ORGANISATION; SOUTHERN PETROLEUM ORGANISATION; STATE ESTABLISHMENT FOR EXPLORATION OF OIL AND GAS; GAS AND STATE ESTABLISHMENT OF OIL TANKERS. Addresses: (a) Jumhuriya Street, Khullani Square, P.O. Box, 476, Baghdad, Iraq; (b) P.O. Box 1, Kirkuk, Iraq; (c) P.O. Box 240, Basrah, Iraq.’ |
|
‘80. |
MINISTRY OF OIL (IRAQ). Address: P.O. Box 6178, Baghdad, Iraq.’ |
|
‘101. |
NORTH REFINERIES COMPANY. Address: Baiji, Iraq.’ |
|
‘119. |
STATE COMPANY FOR OIL PROJECTS (alias STATE ORGANISATION FOR OIL PROJECTS). Addresses: (a) Ministry of Oil Complex, Port Said St., P.O. Box 198, Baghdad, Iraq; (b) P.O. Box 198, Sadoon St., Baghdad, Iraq.’ |
|
‘159. |
STATE ESTABLISHMENT FOR OIL REFINING AND GAS PROCESSING. Address: P.O. Box 3069, Sa'doon St., Baghdad, Iraq.’ |
|
‘160. |
STATE ESTABLISHMENT FOR OIL TRAINING. Address: P.O. Box, 6073, Al-Mansoor, Baghdad, Iraq.’ |
|
‘186. |
STATE ORGANISATION FOR OIL PRODUCTS AND GAS DISTRIBUTION (alias STATE ORGANISATION FOR DISTRIBUTION OF OIL PRODUCTS AND GAS). Address: Khayam Cinema St., Southgate, P.O. Box 302, Baghdad, Iraq.’ |
|
22.12.2016 |
EN |
Official Journal of the European Union |
L 350/22 |
COMMISSION IMPLEMENTING REGULATION (EU) 2016/2364
of 21 December 2016
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
|
(1) |
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
|
(2) |
The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2016.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General
Directorate-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
|
(EUR/100 kg) |
||
|
CN code |
Third country code (1) |
Standard import value |
|
0702 00 00 |
MA |
98,4 |
|
TN |
262,8 |
|
|
TR |
114,8 |
|
|
ZZ |
158,7 |
|
|
0707 00 05 |
MA |
79,2 |
|
TR |
155,8 |
|
|
ZZ |
117,5 |
|
|
0709 93 10 |
MA |
228,3 |
|
TR |
162,9 |
|
|
ZZ |
195,6 |
|
|
0805 10 20 |
IL |
126,4 |
|
TR |
77,0 |
|
|
ZA |
70,9 |
|
|
ZZ |
91,4 |
|
|
0805 20 10 |
MA |
69,6 |
|
ZZ |
69,6 |
|
|
0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 |
IL |
146,7 |
|
JM |
129,1 |
|
|
MA |
74,5 |
|
|
TR |
76,9 |
|
|
ZZ |
106,8 |
|
|
0805 50 10 |
AR |
76,7 |
|
TR |
69,0 |
|
|
ZZ |
72,9 |
|
|
0808 10 80 |
US |
132,4 |
|
ZZ |
132,4 |
|
|
0808 30 90 |
CN |
103,6 |
|
ZZ |
103,6 |
|
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.
DECISIONS
|
22.12.2016 |
EN |
Official Journal of the European Union |
L 350/24 |
COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2016/2365
of 19 December 2016
establishing forms for reporting on fraud and irregularities affecting entitlements to traditional own resources and on inspections relating to traditional own resources pursuant to Council Regulation (EU, Euratom) No 608/2014
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 (EU, Euratom) No 608/2014 of 26 May 2014 laying down implementing measures for the system of the own resources of the European Union (1), and in particular Articles 5(2) and 6(2) thereof,
After consulting the Advisory Committee on Own Resources,
Whereas:
|
(1) |
Commission Decision 97/245/EC, Euratom (2) lays down the arrangements for the transmission of information to the Commission by the Member States under the system of own resources. |
|
(2) |
Decision 97/245/EC, Euratom has one legal basis, Council Regulation (EC, Euratom) No 1150/2000 (3). Following the entry into force of Council Decision 2014/335/EU (4) the transmission of information to the Commission by the Member States is governed by two Council Regulations: Regulation (EU, Euratom) No 608/2014 and Regulation (EU, Euratom) No 609/2014 (5). It is therefore appropriate to adopt a separate Commission Implementing Decision for each of those Regulations. Provisions on models for statements of accounts for the entitlements to own resources and a form for reports on irrecoverable amounts corresponding to the entitlements to own resources set out in Decision 97/245/EC, Euratom have been included in Commission Implementing Decision (EU, Euratom) 2016/2366 (6). Provisions on forms and a model for reporting on fraud and irregularities affecting entitlements to traditional own resources and on inspections relating to traditional own resources set out in Decision 97/245/EC, Euratom should be included in this Decision. |
|
(3) |
Cases of fraud and irregularities should be reported in a structured manner. |
|
(4) |
Decision 97/245/EC, Euratom requires Member States to provide information to the Commission on departments and agencies responsible for the reporting. It is necessary to provide that Member States also inform the Commission of any changes to that information. |
|
(5) |
In order to ensure that Member States use the forms as amended, in particular as regards the modified retention rate, as soon as possible, this Decision should enter into force and be applicable from the date of its publication. |
|
(6) |
For reasons of consistency this Decision and Implementing Decision (EU, Euratom) 2016/2366 should apply from the same date. |
HAS ADOPTED THIS DECISION:
Article 1
Member States shall use the form set out in Annex I to this Decision to draw up the descriptions of cases of fraud and irregularities detected involving entitlements of over EUR 10 000 and the form set out in Annex II to this Decision to draw up details of the position concerning cases of fraud and irregularities already reported to the Commission where recovery, cancellation or non-recovery has not been indicated earlier, referred to in Article 5(1) of Regulation (EU, Euratom) No 608/2014.
Article 2
Member States shall use the form set out in Annex III to this Decision to draw up the report on inspections relating to traditional own resources referred to in Article 6(1) of Regulation (EU, Euratom) No 608/2014.
Article 3
Member States shall inform the Commission of the departments or agencies responsible for drawing up and sending descriptions and details referred to in Article 1 and reports referred to in Article 2. Member States shall also inform the Commission of any changes to the information on the departments or agencies.
Article 4
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 19 December 2016.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 168, 7.6.2014, p. 29.
(2) Commission Decision 97/245/EC, Euratom of 20 March 1997 laying down the arrangements for the transmission of information to the Commission by the Member States under the Communities' own resources system (OJ L 97, 12.4.1997, p. 12).
(3) Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 2007/436/EC, Euratom on the system of the European Communities own resources (OJ L 130, 31.5.2000, p. 1).
(4) Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (OJ L 168, 7.6.2014, p. 105).
(5) Council Regulation (EU, Euratom) No 609/2014 of 26 May 2014 on the methods and procedure for making available the traditional, VAT and GNI-based own resources and on the measures to meet cash requirements (OJ L 168, 7.6.2014, p. 39).
(6) Commission Implementing Decision (EU, Euratom) 2016/2366 of 19 December 2016 establishing models for statements of accounts for entitlements to own resources and a form for reports on irrecoverable amounts corresponding to the entitlements to own resources pursuant to Council Regulation (EU, Euratom) No 609/2014 (see page 30 of this Official Journal).
ANNEX I
FRAUD FORM
Information form to be sent to the Commission (DG BUDG) giving a description of cases of fraud and irregularities already detected, involving entitlements in excess of EUR 10 000
IDENTIFICATION OF BASIC FORM
0. Member State:
0.0. Serial number of the case (1):
0.1. Quarter reference period:
0.2. Date of transmission:
0.3. Department or agency which made the establishment:
DESCRIPTION OF CASE
1. Goods involved:
1.0. Commercial description:
1.1 Tariff heading (2):
1.1.1. declared:
1.1.2 established:
1.1.3 presumed:
1.2 Origin:
1.2.1. declared:
1.2.2 established:
1.2.3 presumed:
1.3 Coming from:
1.3.1. declared:
1.3.2 established:
1.3.3 presumed:
1.4 Quantity:
1.4.1. declared:
1.4.2 established:
1.4.3 presumed:
1.5 Value:
1.5.1. declared:
1.5.2 established:
1.5.3 presumed:
(1) Cases are numbered by Member States in an annual sequence in accordance with the following format: OR/MS/99/999999/0. For Member States which do not produce a single annual sequence but sequences for regional departments, the first two of the six digits identify the regional department concerned.
(2) In accordance with the combined nomenclature provided for by Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
2. Type of fraud and/or irregularity:
2.1. Designation:
2.2. Customs procedure or treatment concerned:
3. Concise description of fraud mechanism:
4. Presumed order of magnitude of own resources evaded or exact amount:
4.1. estimated:
4.2. established:
4.3. recovered:
5. Type of check that led to discovery:
5.1. method:
5.2. remarks:
6. Stage reached in procedure and, where appropriate, details of establishment:
— date of establishment:
— administrative code:
— financial code:
7. Case already notified under mutual assistance arrangements (Council Regulation (EC) No 515/97 (1)):
MA reference:
8. Measures taken or planned to prevent the recurrence of cases of fraud and irregularities already detected:
9.
9.1 Member States involved:
9.2. Operators concerned (optional):
10 Other information:
10.1. Free:
10.2. OLAF File reference:
10.3. Reserved:
(1) Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1).
ANNEX II
FORM UPDATING BASIC FORM (1)
11 (2)
12
13
14
15
16
17
18
19
20
21
22
Remarks
Basic form reference
Change in estimate
Date of establishment
Date of entry in ‘B’ account
Entitlements established: Balance previous quarter
Correction to base (±)
Written off
Amounts to be recovered (15 ± 16 – 17)
Amounts recovered
Entitlements established: end-of-quarter balance (18 – 19)
Administrative or judicial code
Financial code
(1) Fields 11 to 22 of the updating form update fields 4 and 6 of the basic form
(2) The updating form is given the same serial number as the basic form to which it relates; where there is more than one updating form, the numbering should be 1 to x in the following format: OR/MS/99/999999/1 to x.
ANNEX III
ANNUAL REPORT (1)
20…
Member State:
1. Inspection by Member States
Inspection activities
Number
Customs declarations accepted (customs arrangements or customs use concerned)
Customs declarations checked after clearance, customs arrangements or customs use concerned (post-clearance inspections)
Total number of staff in customs departments at national level (1)
Total number of staff assigned to postclearance checks at national level
(1) Total number of customs staff (expressed in persons per year in Full-Time Equivalents).
2. Questions of principle
List of the most important points relating to the establishment, entry in the accounts and making available of the entitlements which have been encountered in the application of Council Regulation (EU, Euratom) No 608/2014 and Council Regulation (EU, Euratom) No 609/2014, as well as of Council Regulation (EC, Euratom) No 1150/2000, including those raised in matters in dispute.
(where necessary, continue in an annex, referring to this item.)
(1) Referred to in Article 6(1) of Regulation (EU, Euratom) No 608/2014.
|
22.12.2016 |
EN |
Official Journal of the European Union |
L 350/30 |
COMMISSION IMPLEMENTING DECISION (EU, Euratom) 2016/2366
of 19 December 2016
establishing models for statements of accounts for entitlements to own resources and a form for reports on irrecoverable amounts corresponding to the entitlements to own resources pursuant to Council Regulation (EU, Euratom) No 609/2014
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 (EU, Euratom) No 609/2014 of 26 May 2014 on the methods and procedure for making available the traditional, VAT and GNI-based own resources and on the measures to meet cash requirements (1) and in particular Articles 6(4) and 13(3) thereof,
After consulting the Advisory Committee on Own Resources,
Whereas:
|
(1) |
Commission Decision 97/245/EC, Euratom (2), lays down the arrangements for the transmission of information to the Commission by the Member States under the system of own resources. |
|
(2) |
Decision 97/245/EC, Euratom has one legal basis, Council Regulation (EC, Euratom) No 1150/2000 (3). Following the entry into force of Council Decision 2014/335/EU, Euratom (4) the transmission of information to the Commission by the Member States is governed by two Council Regulations: Regulation (EU, Euratom) No 608/2014 (5) and Regulation (EU, Euratom) No 609/2014. It is therefore appropriate to adopt a separate Commission Implementing Decision for each of those Regulations. Provisions on forms and a model for reporting on fraud and irregularities affecting entitlements to traditional own resources and on inspections relating to traditional own resources set out in Decision 97/245/EC, Euratom have been included in Commission Implementing Decision (EU, Euratom) 2016/2365 (6). Provisions on models for statements of accounts for the entitlements to own resources and a form for reports on irrecoverable amounts corresponding to the entitlements to own resources set out in Decision 97/245/EC, Euratom should be included in this Decision. |
|
(3) |
Models should be defined for the monthly transmission of the statements of the ‘A’ and of the ‘B’ account so that they can be reported in a structured manner. |
|
(4) |
Models for the statements of accounts for the entitlements to own resources should reflect the adjustment of the rate of collection costs which Member States are to retain when collecting traditional own resources as laid down in Decision 2014/335/EU, Euratom. |
|
(5) |
Decision 97/245/EC, Euratom requires Member States to provide information to the Commission on departments and agencies responsible for the reporting. It is necessary to provide that Member States also inform the Commission of any changes to that information. |
|
(6) |
For reasons of clarity and legal certainty Decision 97/245/EC, Euratom should be repealed. |
|
(7) |
In order to ensure that Member States use the forms as amended, in particular as regards the modified retention rate, as soon as possible, this Decision should enter into force and be applicable from the date of its publication. |
|
(8) |
For reasons of consistency this Decision and Implementing Decision (EU, Euratom) 2016/2365 should apply from the same date, |
HAS ADOPTED THIS DECISION:
Article 1
Member States shall use the models set out in Annexes I, II, III and IV to this Decision to draw up the statements of accounts for the entitlements to own resources referred to in Article 6(4) of Regulation (EU, Euratom) No 609/2014.
Article 2
Member States shall use the form set out in Annex V to this Decision to draw up reports on irrecoverable amounts corresponding to entitlements to own resources referred to in Article 13(3) of Regulation (EU, Euratom) No 609/2014. They shall transmit those reports using the electronic management and information system.
Article 3
Member States shall inform the Commission of the departments or agencies responsible for drawing up and sending the statements referred to in Article 1 and reports referred to in Article 2. Member States shall also inform the Commission of any changes to the information on the departments or agencies.
Article 4
Decision 97/245/EC, Euratom is repealed.
Article 5
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 19 December 2016.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 168, 7.6.2014, p. 39.
(2) Commission Decision 97/245/EC, Euratom of 20 March 1997 laying down the arrangements for the transmission of information to the Commission by the Member States under the Communities' own resources system (OJ L 97, 12.4.1997, p. 12).
(3) Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 2007/436/EC, Euratom on the system of the European Communities own resources (OJ L 130, 31.5.2000, p. 1).
(4) Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (OJ L 168, 7.6.2014, p. 105).
(5) Council Regulation (EU, Euratom) No 608/2014 of 26 May 2014 laying down implementing measures for the system of own resources of the European Union (OJ L 168, 7.6.2014, p. 29).
(6) Commission Implementing Decision (EU, Euratom) 2016/2365 of 19 December 2016 establishing forms for reporting on fraud and irregularities affecting entitlements to traditional own resources and on inspections relating to traditional own resources pursuant to Council Regulation (EU, Euratom) No 608/2014 (see page 24 of this Official Journal).
ANNEX I
‘A’ ACCOUNT OF OWN RESOURCES OF THE EUROPEAN UNION
Statement of established entitlements (1)
Member State:
Month/year:
(national currency)
NATURE OF RESOURCE
Member State’s reference (optional)
Accounts established during month (2)
(1)
Amounts recovered from separate account
(2)
Corrections to earlier establishments (3)
Gross amounts
(5) = (1) + (2) + (3) – (4)
Net amounts
(6)
+
(3)
–
(4)
1210
Customs duties (excluding countervailing and anti-dumping)
1230
Countervailing and anti-dumping duties on products
1240
Countervailing and anti-dumping duties on services
12
CUSTOMS DUTIES
1100
Production levies related to the marketing year 2005/2006 and previous years
1110
Sugar storage levies
1130
Charges levied on non-exported C sugar, C isoglucose and C inulin syrup production, and on substituted C sugar and C isoglucose
1170
Production charge
NATURE OF RESOURCE
Member State’s reference (optional)
Accounts established during month (2)
(1)
Amounts recovered from separate account
(2)
Corrections to earlier establishments (3)
Gross amounts
(5) = (1) + (2) + (3) - (4)
Net amounts
(6)
+
(3)
–
(4)
1180
One-off amounts on additional sugar quota and supplementary isoglucose quota
1190
Surplus amount
11
SUGAR LEVIES
TOTAL 12 + 11
– 20 % collection costs
– 25 % collection costs (4)
– 10 % collection costs (5)
Total to be paid to EU
(1) Including entitlements established as a result of inspections and detected cases of fraud and irregularities.
(2) Including accounting corrections.
(3) Corrections to initial establishments, in particular cases of post-clearance recovery and repayment. For sugar, corrections relating to earlier years must mention the corresponding marketing year.
(4) The 25 % deduction rate is to be applied to amounts which, in accordance with applicable Union rules, should have been made available between 1 March 2001 and 28 February 2014.
(5) The 10 % deduction rate is to be applied to amounts which, in accordance with applicable Union rules, should have been made available before 28 February 2001.
ANNEX II
ANNEX TO THE STATEMENT OF THE ‘A’ ACCOUNT OF THE OWN RESOURCES OF THE EUROPEAN UNION
Monitoring of recovery of amounts which relate to cases of irregularities or delays identified through control and supervision measures (1)
Month/year:
(national currency)
Gross amount of own resources recovered
References to irregularities or delays in the establishment, entry in the accounts and making available of own resource noted as a result of inspections (2) (3)
Comments
Rate of deduction to be applied (4)
Amount included under the heading ‘Total to be paid to EU’ (3)
20 %
25 %
10 %
Yes
No
Total
(1) Article 2(3) or 4(6) third subparagraph of Council Regulation (EU, Euratom) No 608/2014.
(2) If necessary, references to payments pursuant to Article 13(2) of Council Regulation (EU, Euratom) No 609/2014 are also shown in this column.
(3) If necessary, references to Commission letters are also to be mentioned in this column.
(4) Mark with an X.
ANNEX III
OWN RESOURCES OF THE EUROPEAN UNION — SEPARATE ACCOUNT (1)
Statement of established entitlements not included in ‘A’ account
Member State:
Quarter/year:
(national currency)
NATURE OF RESOURCE
Outstanding from previous quarter
(1)
Established entitlements for current quarter
(2)
Corrections of establishments (Article 8) (2)
(3)
Amounts which cannot be made available (Article 13(2)) (3)
(4)
Total (1 + 2 ± 3 – 4)
(5)
Amounts recovered during quarter (4)
(6)
Outstanding at end of current quarter
(7) = (5) – (6)
1210
Customs duties (excluding countervailing and anti-dumping)
1230
Countervailing and anti-dumping duties on products
1240
Countervailing and anti-dumping duties on services
12
CUSTOMS DUTIES
1100
Production levies related to the marketing year 2005/2006 and previous years
1110
Sugar storage levies
1130
Charges levied on non-exported C sugar, C
isoglucose and C inulin syrup production, and on
substituted C sugar and C isoglucose
NATURE OF RESOURCE
Outstanding from previous quarter
(1)
Established entitlements for current quarter
(2)
Corrections of establishments (Article 8) (2)
(3)
Amounts which cannot be made available (Article 13(2)) (3)
(4)
Total (1 + 2 ± 3 – 4)
(5)
Amounts recovered during quarter (4)
(6)
Outstanding at end of current quarter
(7) = (5) – (6)
1170
Production charge
1180
One-off amounts on additional sugar quota and supplementary isoglucose quota
1190
Surplus amount
11
SUGAR LEVIES
TOTAL 12 + 11
Estimate of amounts established for which recovery is unlikely (5)
(1) ‘B’ account kept pursuant to Article 6(3), second subparagraph of Council Regulation (EU, Euratom) No 609/2014, including entitlements established as a result of inspections and detected cases of fraud and irregularities.
(2) Correction of establishments should be understood to mean corrections, including cancellations resulting from a revision of the initial establishment arising from previous quarters. They differ by nature from those entered in column (4).
(3) All the cases are to be set out in Annex IV which is to be returned at the same time as this quarterly statement. The total for this column (4) and the total for Annex IV should be the same.
(4) The total for this column should be the same as the total given in column (2) of the statement of the ‘A’ account for the three months concerned.
(5) Compulsory for the final quarter of each year. If the estimate comes to zero, the word ‘nil’ should be entered.
ANNEX IV
ANNEX TO THE STATEMENT OF THE SEPARATE ACCOUNT OF THE OWN RESOURCES OF THE EUROPEAN UNION
List of amounts in the ‘B’ account declared or deemed irrecoverable (1)
Quarter/Year
(national currency)
Gross amount of own resources
Reference to national decision
TOTAL
(1) Article 13(2) of Council Regulation (EU, Euratom) No 609/2014.
ANNEX V
Form of the report (1) on irrecoverable amounts corresponding to the entitlements to own resources
Unless otherwise stated, all information must be provided if available and relevant. All amounts are to be indicated in the currency of the respective Member State at the time of reporting.
1. GENERAL DATA
Member State:
Reference of the report:
(the Member State’s code/year of reporting/serial number of the year of reporting)
Reference to a related information form sent beforehand pursuant to
Article 5(1) of Regulation (EU, Euratom) No 608/2014:
Justification of absence of a reference to the aforementioned information form:
Case related to a Union inspection (Yes/No)
Reference to a related Union inspection:
Total amount irrecoverable:
Authority that declared or deemed the amount irrecoverable:
National reference of the administrative decision of irrecoverability:
(See second column of Annex IV)
Date of the administrative decision on irrecoverability:
Date on which the amount was deemed irrecoverable:
2. DEBT INCURRED
Date or period during which the debt was incurred:
Legal basis for the incurrence of the debt:
(Legal bases preceding Council Regulation (EEC) No 2913/92 (2) are to be indicated by using the relevant article of Regulation (EEC) No 2913/92)
Customs situation:
(Customs procedure in force, situation of the goods or customs-approved treatment at the time of the customs debt being incurred)
Additional details to be indicated in the case of transit regimes:
— Date(s) of acceptance of the customs declaration:
— Member State(s) of departure or entry into the Union (ISO Code):
— Member State(s) of destination or exit from the Union (ISO Code):
—
TIR carnet number(s):
(1) Referred to in the second and third subparagraph of Article 13(3) of Regulation (EU, Euratom) No 609/2014.
(2) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).
Type of check that led to the establishment of the entitlement:
— Checks not related to the acceptance of a customs declaration:
— Checks during clearance of a customs declaration including sample taking:
— Checks after clearance but before discharge of the customs procedure:
— Checks after discharge of the customs procedure for the goods:
— Checks after clearance and release for free circulation:
Date(s) of discharge to be communicated in the case of customs situations involving suspensive arrangements:
Concise description of events leading to the establishment of the entitlement:
3. MUTUAL ASSISTANCE
Case related to Mutual assistance (MA) within the meaning of Council Regulation (EC) No 515/97 (1) involving Commission departments (Yes/No)
Reference of the MA communication:
Date of receipt:
Comments (optional):
4. ESTABLISHMENT OF THE ENTITLEMENT
Office of establishment:
Date of establishment:
Accounting reference of establishment (optional):
Date of entry in the B account (Article 6 of Regulation (EU, Euratom) No 609/2014):
Accounting reference of the B account (optional):
Total amount established:
Amount of customs and agricultural duties established, not including countervailing and antidumping duties:
Amount of countervailing and antidumping duties established:
Amount of sugar/isoglucose levies established:
Corresponding established amount of national excise duties and VAT (optional):
Total amount corrected (addition or deduction) after the initial establishment:
Amount of customs and agricultural duties corrected (addition or deduction) after the initial establishment, not including countervailing and antidumping duties:
Amount of countervailing and antidumping duties corrected (addition or deduction) after the initial establishment:
(1) Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1).
Amount of sugar/isoglucose levies corrected (addition or deduction) after the initial establishment:
Corresponding amount of national excise duties and VAT corrected (addition or deduction) after the initial establishment (optional):
Total amount of security:
(Amount of Union own resources and if applicable national duties. It can be nil if there is a waiver or if a security is not lodged)
Part of security to be allocated to Union own resources:
Type of security (compulsory, optional, not planned):
Type of compulsory security:
Reason why a planned security was not lodged:
Security made available to the Union:
Date on which the security was made available:
5. RECOVERY PROCESS
(If there are several debtors for the same debt, the following information needs to be provided for each debtor:)
Principal debtor or jointly liable debtor:
Date of notification of the debt:
Date(s) of payment reminders:
Establishment subject to an appeal procedure within the meaning of Article 243(1) of Regulation (EEC) No 2913/92 or Article 44 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (1) (Yes/No)
Levels attained in appeal procedure:
Date of first appeal lodged:
Date on which the definitive judgment is notified:
Comments (optional):
Suspension of implementation within the meaning of Articles 222 and 244 of Regulation (EEC) No 2913/92 and Article 876a of Commission Regulation (EEC) No 2454/93 (2) or Articles 108(3) and 45 of Regulation (EU) No 952/2013 (Yes/No)
Security lodged on suspension (Yes/No)
Amount of security on suspension:
Reasons why no security was lodged on suspension:
(Member States need to specify whether or not a security was waived because of foreseeable economic and social difficulties and the grounds for such a decision)
Payment facilities within the meaning of Article 229 of Regulation (EEC) No 2913/92 or Article 112 of Regulation (EU) No 952/2013 (no request/request rejected/request accepted)
(1) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
(2) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).
Description of payment facility arrangements:
Security lodged pursuant to payment facilities (Yes/No)
Amount of security pursuant to payment facilities:
Reason why no security was lodged on payment facilities:
(Member States need to specify whether or not a security was waived because of foreseeable economic and social difficulties and the grounds for such a decision)
Date of issue of enforcement order:
Notification of enforcement order (Yes/No)
Date of notification of enforcement order:
Comments on enforcement order (optional):
Date of first payment:
Amount of first payment:
Date of last payment:
Amount of last payment:
Total amount paid:
Date(s) of attachments:
Amount obtained by way of attachment:
Comments on the attachment (optional):
Date of opening of bankruptcy/liquidation/insolvency proceedings:
Date of declaring the claim in those proceedings:
Date of closure of bankruptcy/liquidation/insolvency proceedings:
Amount of own resources recovered from bankruptcy/liquidation/insolvency proceedings:
Mutual assistance by other Member States in recovery (Council Directive 2010/24/EU (1) or precursors) (Yes/No)
Reference of Mutual assistance in recovery:
Member State contacted:
Date of request:
Amount recovered:
Date of reply:
Comments on the reply (in particular if the Member State contacted has not acted on the request):
6. REASONS WHY RECOVERY HAS PROVED IMPOSSIBLE FOR THE REMAINING AMOUNT
(In this part the Member States should clearly indicate for instance all the specific enforcement measures taken and the reasons why in the case of a bankruptcy/liquidation/insolvency procedure the amount received was not sufficient to cover the debt or why it covers only a part of the debt.)
(Member States do not need to provide information they have already provided under points 1 to 5.)
7. OTHER INFORMATION
(1) Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures (OJ L 84, 31.3.2010, p. 1).
|
22.12.2016 |
EN |
Official Journal of the European Union |
L 350/42 |
COMMISSION IMPLEMENTING DECISION (EU) 2016/2367
of 21 December 2016
amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States
(notified under document C(2016) 8977)
(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) 2016/2122 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype H5N8 in holdings in Denmark, Germany, Hungary, the Netherlands, Austria and Sweden (‘the concerned Member States’) and the establishment of protection and surveillance zones by the competent authority of the concerned Member States in accordance with Council Directive 2005/94/EC (4). |
|
(2) |
Implementing Decision (EU) 2016/2122 provides that the protection and surveillance zones established by 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) 2016/2122 also provides that the measures to be applied in those protection and surveillance zones are to be maintained until at least the dates specified the Annex thereto. Those dates take account of required duration of the measures to be applied in protection and surveillance zones in accordance with Directive 2005/94/EC. |
|
(3) |
Following further outbreaks of avian influenza of subtype H5N8 in the Union, namely in Germany, France, Hungary, the Netherlands and Poland, the Annex to Implementing Decision (EU) 2016/2122 was amended by Commission Implementing Decisions (EU) 2016/2219 (5) and (EU) 2016/2279 (6) in order to amend the areas listed in the Annex to Implementing Decision (EU) 2016/2122 to take account of developments in the epidemiological situation in the Union and the establishment of new protection and surveillance zones by the competent authorities of those Member States, in accordance with Directive 2005/94/EC. |
|
(4) |
Since the date of the amendments made to Implementing Decision (EU) 2016/2122 by Implementing Decision (EU) 2016/2279, Germany, France, Hungary, the Netherlands and Poland have notified the Commission of further outbreaks of avian influenza of subtype H5N8 in holdings outside the areas currently listed in the Annex to Implementing Decision (EU) 2016/2122 where poultry or other captive birds are kept and they have taken the necessary measures required in accordance with Directive 2005/94/EC, including the establishment of protection and surveillance zones around those outbreaks. |
|
(5) |
In addition, Bulgaria and the United Kingdom have now notified the Commission of outbreaks of highly pathogenic avian influenza of subtype H5N8 in holdings on their territory where poultry or other captive birds are kept and they have also taken the necessary measures required in accordance with Directive 2005/94/EC, including the establishment of protection and surveillance zones around those outbreaks. Those two Member States are not currently listed in the Annex to Implementing Decision (EU) 2016/2122. |
|
(6) |
In all cases, the Commission has examined the measures taken by the Bulgaria, Germany, France, Hungary, the Netherlands, Poland and the United Kingdom in accordance with Directive 2005/94/EC and has satisfied itself that the boundaries of the protection and surveillance zones, established by the competent authorities of those Member States, are at a sufficient distance to any holding where an outbreak of highly pathogenic avian influenza of subtype H5N8 has been confirmed. |
|
(7) |
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 Germany, France, Hungary, the Netherlands and Poland, changes made to the protection and surveillance zones established in those Member States, in accordance with Directive 2005/94/EC, to take account of developments in the epidemiological situation. Therefore, the areas currently listed for those Member States in the Annex to Implementing Decision (EU) 2016/2122 should be amended. |
|
(8) |
In addition, it is also necessary to rapidly describe at Union level, in collaboration with Bulgaria and the United Kingdom, the protection and surveillance zones established in those Member States in accordance with Directive 2005/94/EC. The Annex to Implementing Decision (EU) 2016/2122 should therefore be further amended in order to include the areas established in Bulgaria and in the United Kingdom as protection and surveillance zones in accordance with that Directive. |
|
(9) |
Accordingly, the Annex to Implementing Decision (EU) 2016/2122 should be amended to update regionalisation at Union level to include changes to the protection and surveillance zones and the duration of the restrictions applicable therein. |
|
(10) |
Implementing Decision (EU) 2016/2122 should therefore be amended accordingly. |
|
(11) |
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) 2016/2122 is amended in accordance with the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 21 December 2016.
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) 2016/2122 of 2 December 2016 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 329, 3.12.2016, p. 75).
(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) 2016/2219 of 8 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 334, 9.12.2016, p. 52).
(6) Commission Implementing Decision (EU) 2016/2279 of 15 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 342, 16.12.2016, p. 71).
ANNEX
The Annex to Implementing Decision (EU) 2016/2122 is amended as follows:
|
(1) |
Part A is amended as follows:
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(2) |
Part B is amended as follows:
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ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS
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22.12.2016 |
EN |
Official Journal of the European Union |
L 350/114 |
DECISION No 1/2016 OF THE EU-LEBANON ASSOCIATION COUNCIL
of 11 November 2016
agreeing on EU-Lebanon Partnership Priorities [2016/2368]
THE EU-LEBANON ASSOCIATION COUNCIL,
Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part,
Whereas:
|
(1) |
The Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (the ‘Agreement’) was signed on 17 June 2002 and entered into force on 1 April 2006. |
|
(2) |
Article 76 of the Agreement gives the Association Council the power to take decisions for the purposes of attaining the objectives of the Agreement in the cases provided for therein and to make appropriate recommendations. |
|
(3) |
Article 86 of the Agreement states that the Parties are to take any general or specific measures required to fulfil their obligations under the Agreement and are to ensure that the objectives set out in the Agreement are attained. |
|
(4) |
The second EU-Lebanon action plan, which was agreed in 2013 with the objective of furthering cooperation in the areas identified in the Agreement, came to an end in 2015 and has not been renewed. |
|
(5) |
The review of the European neighbourhood policy in 2016 proposed a new phase of engagement with partners, allowing for a greater sense of ownership by both sides. |
|
(6) |
The EU and Lebanon have agreed to consolidate their partnership by agreeing on a set of priorities for the period 2016-2020, with the aim of supporting and strengthening Lebanon's resilience and stability while seeking to address the impact of the protracted conflict in Syria. |
|
(7) |
The Parties to the Agreement have agreed on the text of the EU-Lebanon Partnership Priorities, including the Compact, which will support the implementation of the Agreement, focusing on cooperation in relation to a set of commonly identified shared interests, which will be given priority, |
HAS ADOPTED THIS DECISION:
Article 1
The Association Council recommends that the Parties implement the EU-Lebanon Partnership Priorities, including the Compact, which are set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 11 November 2016.
For the EU-Lebanon Association Council
The President
F. MOGHERINI
ANNEX
EU-LEBANON PARTNERSHIP PRIORITIES PLUS COMPACT
LEBANON-EU PARTNERSHIP PRIORITIES
A renewed EU — Lebanon partnership (2016-2020)
Framing the Lebanon-EU Partnership Priorities
Lebanon has taken a leading role in the discussions and consultations on the review of the European neighbourhood policy (ENP). The Arab position paper which was delivered at the Beirut conference on the ENP review constituted an important document contributing to the consultation process leading to the revised ENP. Overall, the priorities build on Lebanon's engagement in the ENP review and set up a framework for political engagement and for short and medium term interventions based on the priorities defined by the Government of Lebanon. Moreover, as partners, Lebanon and the EU face, today more than ever, immediate challenges linked to protracted crises. These challenges require the above mentioned framework to take into account the exceptional circumstances in the region, and their impact on Lebanon.
The EU and Lebanon consider their partnership as an embodiment of shared values and an acknowledgment of mutual interests. Human rights and fundamental freedoms as embodied in relevant international, regional and national law, constitute shared values. The respect of democratic principles and fundamental human rights constitutes an essential element of the relations between the EU and Lebanon. The shared goal of a common area of peace, prosperity and stability implies working together, particularly through co-ownership, differentiation and enhanced partnership, driven by the importance of upholding Lebanon as a model of moderation for the entire region, and to take stock of the key role of its vibrant private sector and dynamic civil society.
While addressing the most urgent challenges, including migration and terrorism, Lebanon and the EU will continue to pursue the core objectives of their long term partnership, which is working towards sustainable Lebanese and regional stability, where the EU will engage actively with the Lebanese authorities and uphold dialogue with all political parties, sustaining economic growth through strong state institutions and the revitalisation of the Lebanese economy, also by leveraging the potential of the Lebanese private sector and civil society. Within each of the priority areas agreed below some challenges need immediate attention, while some other implementation steps will need adequate preparation for a successful implementation in the medium term.
The EU-Lebanon Association Council endorses this renewed partnership as a paradigm for a new, tailor-made bilateral engagement that includes an upgraded political dialogue. The immediate post-Association Council period will be key in translating commitments into actions; this will require effective implementation of the Partnership Priorities and of the accompanying Compact by both sides. A mid-term review of the Partnership Priorities will recalibrate and adjust them where necessary. Ultimately, the success of this renewed partnership will be measured by the extent to which it responds to the needs of Lebanon and the EU. The priorities and commitments outlined in this document and its annex are non-exhaustive, and the EU stands ready to make Lebanon benefit from EU initiatives targeting priority third countries in the region.
Facing the humanitarian crisis with a comprehensive approach
Since 2011, Lebanon has been sustaining an unprecedented burden resulting from the mass influx of Syrians displaced from Syria into its territory. Today Lebanon hosts an estimated 1,5 million Syrians and around 0,5 million Palestinians, which makes Lebanon the country hosting the highest number of displaced and refugees, both per capita and per km2. The recent migration crisis in the EU has brought forward the political, economic and social challenges resulting from it. Lebanon is 440 times smaller and 120 times less populated than the EU, but the absolute numbers of refugees hosted in the last years are similar.
Lebanon and the EU consider that the only sustainable long-term solution for refugees and displaced from Syria into Lebanon is their safe return to their country of origin, as conditions for such a return are met. Meeting the needs of refugees and displaced persons across and from Syria and of their host communities is an urgent priority for the whole international community, whose efforts in this direction should be intensified. Both sides will be mindful however to the imperative of building conditions for the safe return of refugees from Syria and displaced Syrians, including during the transition, in accordance with all norms of international humanitarian law and taking into account the interests of the host countries.
In this spirit, Lebanon and the EU will draw the concrete benefits of their joint commitment to upgrade their political dialogue, working together to assess and promote the availability of such conditions bilaterally and in relevant international fora where the EU and Member States will reflect the particular situation of Lebanon and the necessity to take its vital interests into account, and express their grave concern of the hosting by Lebanon of over 1 million of refugees registered by UNHCR and its impact on host communities, security and stability of Lebanon and of the wider region.
In this context, and in recognition of the protracted nature of the refugees' crisis, the Lebanese Government launched a new approach on how to manage the temporary and ongoing stay of Syrians displaced from Syria into its territory, to mitigate the pressure of the Syrian mass influx on the country and its citizens, in a way that aims to be neither prejudicial to the interests of the country and of the Lebanese citizens nor of the refugees. This new vision, as detailed in Lebanon's statement of intent presented at the London conference of February 2016, together with the international support in terms of adequate funding and delivery tools, has the potential to substantially improve the situation. The Government of Lebanon will facilitate the availability of international funds and delivery tools for the different lines of action, particularly those targeting the national economy, infrastructure and job-creation initiatives, with the needed administrative and regulatory measures in accordance with Lebanese laws and regulations.
The EU and Lebanon aim at high impact interventions, involving all forms of financial assistance, grants and loans, in order to mitigate the drastic effects of the Syria crisis on Lebanon's finances (1), on the host communities and on the country's economy, infrastructure and environment. Improving economic opportunities for refugees and displaced persons from Syria will have to come in the broader context of improving the economic resilience of the country as a whole through foreign and local investments in job-creating projects, infrastructures and local economic development. Such interventions will help also to create a climate in which the cost of borrowing to the Treasury could be significantly lowered.
The Partnership Priorities will aim to promote joint interests and enhance cooperation. They are interlinked and mutually reinforcing. They will also provide a strategic framework for coordinating political, security and cooperation efforts over the next four years (2016-2020). These priorities and objectives as outlined below build upon existing plans and strategies of the government. They will also be the basis for aligning assistance behind the Government's vision. The Partnership Priorities seek to promote gender equality including through improved participation of women in political and decision-making fora.
1.
The main objective will be to improve the security for all European and Lebanese citizens. Lebanon and the EU will advance on security sector reforms and enhancement by developing the institutional capacity of security actors including law enforcements, security management, oversight bodies and justice in full respect of human rights and democratic norms.
Attacks perpetrated by Daesh underline the fact that Europe and Lebanon face a common threat from terrorism. Our efforts will focus on building a broad security and counter terrorism (CT) partnership. The roadmap agreed by Lebanon and the EU following the CT Dialogue of 26 January 2016 will deliver stronger and qualitatively concrete cooperation in countering United Nations Security Council (UNSC) designated terrorist organisations. Areas of cooperation include justice and law enforcement, countering the financing of terrorism, border management, airport security and civil aviation security and countering violent extremism. In this regard, the EU will actively mobilise all its relevant tools, instruments and capabilities allocated for priority third countries faced with a serious terrorist threat.
Lebanon and the EU will work towards a coordinated national approach to countering the terrorist threat. Lebanon will develop, with the support of the EU, its national counter-terrorism strategy, encompassing contributions from Member State experts, Europol, Cepol, FRONTEX and Eurojust. The outcome will be a strategy which reflects the unique contributions each arm of the Lebanese Government can make to countering terrorism and violent extremism.
2.
A stable Lebanon requires progress on good governance and the rule of law. The EU will work with Lebanon in order to:
|
— |
develop cooperation projects in the area of institutional capacity building within the framework of the administrative reform strategy of Lebanon, |
|
— |
promote the shared values of democracy and the rule of law including good governance and transparent, stable and effective institutions, protection of free speech and an independent press, |
|
— |
pursue reform efforts strengthening the effectiveness and the independence of the justice system, and aiming at a more efficient public sector. Enhancing the fight against corruption, which hampers growth and economic development, will remain fundamental to achieving results across all Partnership Priorities. |
The reform of the electoral law and the election framework will be critical to modernise the country. Lebanon welcomes the readiness expressed by the EU to engage in fostering electoral reform in Lebanon and in improving governance at the municipal level. Sustainable development also requires the promotion of human rights, including the protection of marginalised population groups.
3.
a. Municipalities
Efforts to strengthen community resilience will be a priority. Economic disparities in Lebanon are depleting the country from its growth potential and are a threat to its stability. Special attention will be given to deprived areas, including by empowering municipalities, union of municipalities and local authorities and by strengthening civil society organisations, in order to improve local governance. Increased participation of women and youth will be supported with a view to foster an inclusive approach for sustainable growth. This will also entail the improvement of service delivery, such as health, as well as investment in municipal infrastructure projects. Municipalities have been severely squeezed by this surge of population, as they have to extend basic services and address to the immediate needs of both the Syrian populations in the country and the host communities, causing a decline in the quality of the services provided.
b. Private investment
Efforts will be made to revitalise the Lebanese economy with a focus on generating decent employment opportunities for all and broad-based inclusive growth through scaled-up private investment. The economy has also a critical role to play in Lebanon's efforts to mitigate the effects of the Syrian crisis. To this end, it is desirable to pursue efforts to address Lebanon's macroeconomic imbalances and fiscal vulnerabilities with the necessary reforms to pave the way to higher sustainable growth.
Country-wide employment generation will help to build trust in government and public institutions and encourage social cohesion. A growing formal economy will generate critical revenue to support public service delivery and build the legitimacy of public institutions. Improved competitiveness and diversification, combined with a vibrant private sector will enhance the resilience of the national economy and consequently boost job creation in line with Lebanese laws and regulations, and in this way reduce sectarian and social tensions. This can be achieved through the broad based engagement of businesses and the population, including the Lebanese diaspora, in innovation and knowledge-based economic activities, and the creation of decent jobs which are beneficial to all. The implementation of the commitments under the EU-Lebanon Compact will provide additional opportunities for the country's development.
c. Infrastructure
Lebanon and the EU will examine the possibility to make use of concessional finance for the expansion of critical infrastructure with a view to enhance the productivity of high priority sectors. The involvement of International Financial Institutions (IFIs) to introduce new delivery methods, including special grants, non-financial assistance and concessional loans, will be jointly explored. Special efforts will be made to engage with the private sector organisations that may be interested in availing themselves of opportunities afforded by European financing facilities. The aim is to support the development of critical infrastructure such as electricity, water, waste management and transportation and to provide prioritised support to the productive sectors. Targeted financial assistance including budgetary assistance will also be explored, as appropriate. In addition Lebanon looks forward to the setting up of EU specific mechanisms to mitigate the risks associated with large investment programmes. The EU and Lebanon will work together towards realising the conditions for concrete financial interventions, particularly European ones, to support key infrastructure projects and mobilise various EU financial instruments as appropriate
The abovementioned lines of action will be a matter of close consultation with a view of achieving concrete results.
d. Trade/agriculture/industry
Lebanon and the EU also aim to strengthen their trade relationship. To this end, Lebanon and the EU will establish and regularly convene a joint working group to further facilitate trade and reduce existing non-tariff barriers for goods and services. This working group will start convening at the earliest.
There is a mutual interest in boosting the trade relationship by increasing the competitiveness of the industrial products, the services sector, and the agricultural and agro-food sector, including by improving the quality standards of Lebanese agricultural products, while mainstreaming the notion of sustainable consumption and production.
Work in this area will also help to mitigate the impact of the Syrian crisis on trade, as well as helping promoting investment in labour-intensive sectors, such as agriculture and industry. Opportunities provided by the Association Agreement should be thoroughly optimised with a view to ensuring benefits for both sides, and efforts will be made to further facilitate market access for Lebanese products to the EU and other markets. An enhanced cooperation and technical assistance on sanitary and phytosanitary standards will be instituted, including in cooperation with the Lebanese private sector, in order to adequately address these issues. In this way, Lebanon can increase exports of agricultural products and maximise benefits from existing market access opportunities, which includes fulfilling agricultural tariff-rate quotas (TRQs) in the Association Agreement.
The EU will continue to encourage and support Lebanon towards membership of the World Trade Organisation (WTO) as well as to beneficial participation in the Agadir Agreement.
e. Energy security, climate action and conservation of natural resources
Increased attention to the environment through energy efficiency, renewable energy, waste management, water management and natural resources conservation can boost the country's touristic potential, protect the national wealth and reduce the exposure of the population to disease and health hazards. Research and innovation cooperation and partnerships can play a key role in all these areas, by boosting the potential for an integrated and efficient management of natural resources trough a nexus approach.
Both parties aim at realising the potential of energy cooperation. An Energy Dialogue could offer the means to step up energy cooperation, including in the exploration and exploitation of the oil and gas sector and related offshore opportunities. Following the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (UNFCCC), the EU and Lebanon will explore enhanced cooperation on the implementation of Lebanon's Indicative Nationally Determined Contribution. Debt for nature swap can be explored with a view to reducing the burden of the public debt and improving the conservation of natural resources.
4.
Lebanon and the EU are negotiating a joint declaration to launch their Mobility Partnership initiated with the dialogue on Migration, Mobility and Security, and both parties will also agree on an annex detailing concrete priority actions serving the goals of the new Mobility Partnership.
Both sides will seek to strengthen their cooperation in migration and mobility though the Lebanon-EU Mobility Partnership which constitutes a long-term framework to reinforce Lebanon's capacity to manage both regular and irregular migration, while taking into account its interests as a host country and keeping in mind its specific context and scarce resources and the heavy burden that it has been bearing since the beginning of the Syrian crisis.
Lebanon and the EU aim to advance cooperation on a broad range of issues with the understanding that migration and mobility need to be addressed in a comprehensive manner and that every objective of the Mobility Partnership should be pursued with equal vigor. Its full and effective implementation will be fundamental to Lebanon-EU cooperation in this field. This includes inter alia enhancing well-managed mobility of Lebanese and EU citizens across the territories of the two sides, increasing the capacity to manage migration flows, strengthening the capacity to manage borders, increase dialogue on matters related to international protection where mutual concerns will be discussed, and, most importantly, ensuring that the nexus between migration and development is further strengthened and renders visible results to Lebanon's population.
5.
The general framework for cooperation between Lebanon and the EU is the Association Agreement, which entered into force in 2006. It will be important to rationalise and optimise the implementation of the Association Agreement including thorough rethinking of the dialogues and sub-committees taking place. Grouping the sub-committees into fewer thematic meetings will allow advancing cooperation in priority areas. At the same time, broader formats including civil society and non-state actors might also be organised.
At the same time, both parties are ready to deepen the political dialogue including through an upgraded engagement in the foreign policy sphere. Modalities to scale up the level of cooperation and consultation with the Lebanese Ministry of Foreign Affairs and Emigrants (focal point for the ENP) will be explored, taking into account the EU's principled position of support to the sovereignty, territorial integrity, pluralism and inclusive stability of Lebanon.
Both sides will establish a coordination mechanism to regularly review and monitor the implementation of the Partnership Priorities and of the compact with a view of ensuring co-ownership, transparency and mutually beneficial implementation.
EU-LEBANON COMPACT
Annex to the Partnership Priorities
Introduction
In light of the revised European neighbourhood policy (ENP) and as announced at the London Conference ‘Supporting Syria and the Region’ of February 2016, the EU is proposing a comprehensive support package which combines different policy elements within EU competencies. This document sets out some mutually agreed actions that both sides intend to implement in good faith and without prejudice to their legal frameworks. Any measures undertaken within the scope of this Compact will not be to the detriment of the Lebanese people and will be in conformity with the Lebanese Constitution, Lebanese laws and regulations.
The EU-Lebanon Compact, guided by the Partnership Priorities, will define priority actions to support the stabilisation of the country. The priority actions will build on the priorities identified by Government of Lebanon, including in its statement of intent presented at the London Conference as well as in the Lebanon crisis response plan (LCRP). Most importantly, the EU-Lebanon Compact will strengthen mutual cooperation between the Government of Lebanon and the EU over the period 2016-2020. The mechanism to review progress in the implementation of the Compact will draw inter alia on the policy dialogues under the general framework of the EU-Lebanon Association Agreement.
The Compact priority actions will be funded through the additional EU funds pledged for Lebanon at the London Conference, including at least EUR 400 million to be allocated in 2016 and 2017 and additional funds that the EU may make available in the remaining years of the timeframe of this document. These financial resources will fund programmes implemented with partners such as state authorities, unions of municipalities, municipalities, EU Member States' agencies, non-governmental organisations and international organisations. Support for both the State and the private sector may also be provided through blending EU grants with loans provided by European and Member States' financial institutions, where appropriate, in partnership with other international financial institutions, to reduce risk and make loan conditions more attractive.
The core objectives of the EU-Lebanon Compact are both to provide an appropriate and safe environment for refugees (2) and displaced persons from Syria, during their temporary stay in Lebanon, and to provide a beneficial environment for Lebanon, host communities and vulnerable groups. This will allow needs including humanitarian needs, to be addressed in an effective, dignified and fair manner. This approach needs to come in the broader context of increasing resilience of the Lebanese national economy, infrastructures and investing into job-creating projects.
The EU commits to align its intervention with the abovementioned broad approach and to be particularly mindful to the development needs of Lebanon as it pursues and where needed to increase humanitarian assistance. Based on this approach, and aiming at easing the temporary stay in Lebanon of Syrian nationals who have fled the war in Syria, Lebanon commits to continue seeking, in conformity with Lebanese laws, ways to facilitate the streamlining of regulations governing their stay, including periodical waiver of residency fees and simplifying documentary requirements such as the ‘pledge not to work’, with a view to easing their controlled access to the job market in sectors where they are not in direct competition with Lebanese, such as agriculture, construction and other labour intensive sectors.
In this regard, Lebanon, supported by UNHCR, aims at taking full administrative ownership of the Syrian crisis response to ensure an efficient and transparent management framework which would also take into account that status determination and registration are the primary responsibilities of the host country in cooperation with relevant UN agencies.
This Compact will be implemented in close regular coordination between the two sides as per the coordination mechanism outlined in the Partnership Priorities.
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1. Enhancing stability |
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Security and counter-terrorism |
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EU commitments |
Lebanon commitments |
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2. Governance and Rule of Law |
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3. Fostering growth and job opportunities |
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4. Migration and mobility |
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EU-Lebanon mutual objectives |
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Once agreed, EU and Lebanon will implement fully the mutual political commitments of the Mobility Partnership after its adoption and all the actions in the related Annex, in line with the following priorities identified therein:
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(1) Note has been taken of the impact of the Syria crisis, including refugees, on Lebanon, assessed by the World Bank in the 13 January 2016 conference as over 5,6 billion USD for 2015 with a cumulative cost of over 13,1 billion USD for the period 2012-2015.
(2) Nothing in this document holds prejudice to the position of Lebanon to consider the Syrian nationals who have fled from Syria since 2011 as displaced persons, or to Lebanon's strategic goal to work towards reducing their numbers, mainly with a view of achieving their safe and full return to Syria without resorting to refoulement.
