ISSN 1977-0677
Official Journal
of the European Union
L 19
English edition
Legislation
Volume 61
24 January 2018
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 19 |
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English edition |
Legislation |
Volume 61 |
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Contents |
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REGULATIONS |
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Commission Delegated Regulation (EU) 2018/105 of 27 October 2017 amending Delegated Regulation (EU) 2016/1675, as regards adding Ethiopia to the list of high-risk third countries in the table in point I of the Annex ( 1 ) |
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DECISIONS |
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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
REGULATIONS
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24.1.2018 |
EN |
Official Journal of the European Union |
L 19/1 |
COMMISSION DELEGATED REGULATION (EU) 2018/105
of 27 October 2017
amending Delegated Regulation (EU) 2016/1675, as regards adding Ethiopia to the list of high-risk third countries in the table in point I of the Annex
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (1), and in particular Article 9(2) thereof,
Whereas:
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(1) |
The Union must ensure an effective protection of the integrity and proper functioning of its financial system and the internal market from money laundering and terrorist financing. Hence Directive (EU) 2015/849 provides that the Commission should identify high-risk third countries which present strategic deficiencies in their regimes on anti-money laundering and countering terrorist financing that pose significant threats to the financial system of the Union. |
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(2) |
In identifying high-risk third countries it is necessary to take into account the recent available information, in particular FATF Public Statements and FATF document ‘Improving Global AML/CFT Compliance: ongoing process’, and FATF reports of the International Cooperation Review Group in relation to the risks posed by individual third countries. |
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(3) |
The FATF identified Ethiopia as having strategic AML/CFT deficiencies in its anti-money laundering and countering terrorist financing (‘AML/CFT’) regime that pose a risk to the international financial system. |
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(4) |
Considering the high level of integration of the international financial system, the close connection of market operators, the high volume of cross border transactions to or from the Union, as well as the degree of market opening, the Commission hence considers that any AML/CFT threat posed to the international financial system also represents a threat to the financial system of the Union. |
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(5) |
In accordance with the latest relevant information, the Commission's analysis has concluded that Ethiopia should be considered third-country jurisdiction which has strategic deficiencies in its AML/CFT regime that pose significant threats to the financial system of the Union in accordance with the criteria set out in Article 9 of Directive (EU) 2015/849. However, Ethiopia has provided a written high-level political commitment to address the identified deficiencies and has developed an action plan with FATF, which would allow the requirements laid down in Directive (EU) 2015/849 to be met. Ethiopia should therefore be added to the table in point I of the Annex to Commission Delegated Regulation (EU) 2016/1675 (2). The Commission will reassess that country's status in the light of the implementation of the above commitment. |
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(6) |
Delegated Regulation (EU) 2016/1675 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
In the table in point I of the Annex to Delegated Regulation (EU) 2016/1675, the following line is added:
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‘10 |
Ethiopia’ |
Article 2
This Regulation shall enter into force on the twentieth 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, 27 October 2017.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 141, 5.6.2015, p. 73.
(2) Commission Delegated Regulation (EU) 2016/1675 of 14 July 2016 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council by identifying high-risk third countries with strategic deficiencies (OJ L 254, 20.9.2016, p. 1).
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24.1.2018 |
EN |
Official Journal of the European Union |
L 19/3 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/106
of 10 January 2018
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [‘Saint-Nectaire’ (PDO)]
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
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(1) |
In accordance with the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France's application for the approval of amendments to the specification for the protected designation of origin ‘Saint-Nectaire’, registered under Commission Regulation (EC) No 1107/96 (2) as amended by Regulation (EU) 2015/1003 (3). |
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(2) |
By letter of 7 March 2017, the French authorities notified the Commission that a transitional period under Article 15(4) of Regulation (EU) No 1151/2012, ending on 31 December 2021, had been granted to two operators that are established on their territory and meet the conditions of that Article in accordance with the Order of 15 February 2017 on the protected designation of origin ‘Saint-Nectaire’ published on 23 February 2017 in the Official Journal of the French Republic. During the national objection procedure, these operators, who legally marketed ‘Saint-Nectaire’ continuously for at least the five years prior to lodging the application, lodged an objection relating to the livestock density per hectare of the principal forage area, with a reduction in stocking density from 1,4 to 1,3 livestock units per hectare. The operators in question are: GAEC Noilhat, Noilhat 63690 Tauves and GAEC de l'Eau verte, Lamur, 63113 Picherande. |
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(3) |
Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (4) as required by Article 50(2)(a) of that Regulation. |
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(4) |
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved, |
HAS ADOPTED THIS REGULATION:
Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Saint-Nectaire’ (PDO) are hereby approved.
Article 2
The protection provided under Article 1 is subject to the transitional period granted by France pursuant to the Order of 15 February 2017 on the protected designation of origin ‘Saint-Nectaire’, published on 23 February 2017 in the Official Journal of the French Republic under Article 15(4) of Regulation (EU) No 1151/2012, to operators meeting the conditions of that Article.
Article 3
This Regulation shall enter into force on the twentieth 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, 10 January 2018.
For the Commission,
On behalf of the President,
Phil HOGAN
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).
(3) Commission Implementing Regulation (EU) 2015/1003 of 22 June 2015 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Saint-Nectaire (PDO)) (OJ L 161, 26.6.2015, p. 6).
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24.1.2018 |
EN |
Official Journal of the European Union |
L 19/5 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/107
of 12 January 2018
entering a name in the register of protected designations of origin and protected geographical indications (‘Jajca izpod Kamniških planin’ (PGI))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
Whereas:
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(1) |
Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Slovenia's application to register the name ‘Jajca izpod Kamniških planin’ was published in the Official Journal of the European Union (2). |
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(2) |
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Jajca izpod Kamniških planin’ should therefore be entered in the register, |
HAS ADOPTED THIS REGULATION:
Article 1
The name ‘Jajca izpod Kamniških planin’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.4. Other products of animal origin (eggs, honey, various dairy products except butter, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
Article 2
This Regulation shall enter into force on the twentieth 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, 12 January 2018.
For the Commission,
On behalf of the President,
Phil HOGAN
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
(2) OJ C 296, 7.9.2017, p. 20.
(3) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
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24.1.2018 |
EN |
Official Journal of the European Union |
L 19/6 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/108
of 23 January 2018
on an emergency measure in the form of aid to farmers due to the floods and heavy rainfalls in certain areas of Lithuania, Latvia, Estonia and Finland
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), and in particular Article 221(1) thereof,
Whereas:
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(1) |
Between August and October 2017, Lithuania, Latvia, Estonia and the southern part of Finland experienced heavy rainfalls which resulted in flooding of a significant part of the Member State's arable land. The cumulated rainfall from August to October 2017 has been much higher than average. This abnormal rainfall over a prolonged period is unprecedented. Moreover, an early onset of winter with snowfall and low temperatures made the sowing conditions exceptionally unfavourable. As a consequence, a significant part of the ongoing and upcoming winter sowings for the 2018/2019 marketing year harvest could not take place. |
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(2) |
The resulting future loss of income for farmers with holdings in the affected areas, from both hectares inaccessible for sowing and already sown and lost by the heavy floods, will cause a major and extraordinary damage to affected farmers in Lithuania, Latvia, Estonia and Finland in the upcoming 2018/2019 harvest marketing year. This constitutes a specific problem within the meaning of Article 221 of Regulation (EU) No 1308/2013. This specific problem cannot be addressed by measures taken pursuant to Article 219 or 220 of that Regulation since it is not specifically linked to an existing market disturbance or a currently precise threat thereof nor linked to measures for combating the spread of diseases of animals or a loss of consumer confidence due to public, animal or plant health risks. |
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(3) |
As an exceptional measure, financial compensation for eligible hectares in the affected areas should be provided for, in order to compensate future economic losses related to the upcoming 2018/2019 harvest marketing year. |
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(4) |
From the Union market stability perspective, it is in the interest of the Union that the measure applies only to those farmers who will lose income as a result of the winter sowing area losses. The aid should be limited in addition to farmers most impacted. A farmer should be considered to be most impacted if the percentage of winter sowing areas losses in one Member State amounts to at least 30 percent of his/her total winter sowing areas in that Member State. Moreover, to avoid any risk of overcompensation, the aid per eligible hectare that cannot be used for winter sowing due to flooding should be limited. For this reason, the decision of the Member States concerned on the amount of the aid per eligible hectare should not exceed the average amount of direct payment per hectare in calendar year 2017 in those Member States. The total amount of the aid and the overall budget allocation should be based on information received from the Member States concerned as regards the number of hectares affected by the floods and the heavy rainfalls. |
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(5) |
To avoid any risk of double funding, the relevant loss of eligible hectare should not have already been compensated by any kind of national aid or insurance and the aid should be limited to eligible hectares for which no Union financial contribution for the same loss has been received otherwise. |
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(6) |
Member States concerned should be allowed to grant additional support under the conditions and within the time limit set by this Regulation. |
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(7) |
Aid can only be granted on the basis of an application lodged in accordance with the methods and time limits set by national law in the Member States concerned. |
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(8) |
Provision should be made for the competent authorities to take all necessary measures and carry out all checks required and to inform the Commission accordingly. In particular, those checks should include checks as regards the eligibility and the correctness of the application for aid. The number of eligible hectares should be controlled on the basis of all appropriate means available to the competent authorities, including on-farm checks. |
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(9) |
The emergency measure should be limited to a maximum period of 12 months starting from the date of entry into force of this Regulation. |
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(10) |
For the sake of a sound budgetary management of the measure and of a timely payment to the farmers, only those payments made by the Member States concerned to beneficiaries by 30 September 2018 at the latest should be eligible for Union part-financing. Article 5(2) of Commission Delegated Regulation (EU) No 907/2014 (2) should not be applicable. |
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(11) |
To allow the Union to monitor the efficiency of this emergency measure, the Member States concerned should communicate to the Commission detailed information on its implementation. To allow the Union to perform its financial control, these Member States should communicate to the Commission the clearance of the payments. |
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(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
Article 1
1. Union aid shall be available, within the limits of Articles 2 and 5, to farmers for hectares of land situated in Lithuania, Latvia, Estonia and Finland which cannot be used for winter sowing or which already sown for the 2018/2019 marketing year harvest have been lost, due to heavy rainfalls and flooding occurred between August and October 2017 in these Member States provided that:
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(a) |
these hectares of land amount to at least 30 % of a farmer's total winter sowings area in the Member State concerned; |
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(b) |
the farmers did not benefit, for the same loss, from any kind of national aid, insurance or aid financed by a Union contribution, other than that provided for by this Regulation. |
2. The number of eligible hectares per farmer shall be established by the Member States concerned in accordance with the conditions laid down in paragraph 1.
Article 2
1. Under the conditions laid down in paragraphs 2 and 4, each Member State concerned shall decide on the amount of the aid per eligible hectare.
2. The Union expenditure incurred in accordance with Article 1 shall not exceed a total amount of:
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(a) |
EUR 9 120 000 for Lithuania; |
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(b) |
EUR 3 460 000 for Latvia; |
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(c) |
EUR 1 340 000 for Estonia; |
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(d) |
EUR 1 080 000 for Finland. |
3. Member States concerned may grant additional support for the eligible hectares as referred to in Article 1(2) of up to a maximum of 100 % of the amount decided in accordance with paragraph 1 of this Article.
Member States concerned shall pay the additional support by 30 September 2018 at the latest.
4. The sum of aid referred to in Article 1 and, if applicable, additional support referred to in paragraph 3 of this Article shall not exceed, for each Member State, the amount of direct payment as calculated by dividing the national envelope set for calendar year 2017 for that Member State in Annex II to Regulation (EU) No 1307/2013 of the European Parliament and of the Council (3) by the total number of eligible hectares declared in calendar year 2017 in the Member State concerned in accordance with point (a) of Article 72(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council (4).
Article 3
Aid referred to in Article 1 shall be paid on the basis of an application lodged by farmers with eligible hectares in accordance with the methods and time limits set by national law in the Member State concerned.
Article 4
Member States concerned shall take all necessary measures, including exhaustive administrative and on-the-spot checks in accordance with Articles 58 and 59 of Regulation (EU) No 1306/2013 to ensure compliance with the conditions laid down in this Regulation. In particular, prior to granting the aid Member States shall carry out:
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(a) |
administrative checks on all aid applications, including:
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(b) |
on-the-spot checks at the premises of the applicants. |
The on-the-spot checks shall cover at least 5 % of the total aid claimed.
Article 5
1. Expenditure in relation to payments under this Regulation shall only be eligible for Union financing if those payments have been made to the beneficiaries by 30 September 2018 at the latest.
2. Article 5(2) of Delegated Regulation (EU) No 907/2014 shall not apply.
Article 6
1. Member States concerned shall notify to the Commission the measures to be taken in accordance with Article 4, not later than 60 days after the date of entry into force of this Regulation.
2. No later than 15 months after the date of entry into force of this Regulation, Member States concerned shall send to the Commission a detailed report on the implementation of this Regulation, including details as regards the execution of the measures taken and checks carried out in accordance with Article 4.
3. Member States concerned shall communicate to the Commission the clearance of payments.
Article 7
This Regulation shall enter into force on the seventh 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, 23 January 2018.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 347, 20.12.2013, p. 671.
(2) Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).
(3) Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).
(4) 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 (OJ L 347, 20.12.2013, p. 549).
(5) Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).
DECISIONS
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24.1.2018 |
EN |
Official Journal of the European Union |
L 19/10 |
COUNCIL DECISION (EU, Euratom) 2018/109
of 22 January 2018
appointing six members of the Court of Auditors
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to the proposals by the Republic of Bulgaria, the Kingdom of Denmark, the Kingdom of Spain, the Italian Republic, the Portuguese Republic and the Republic of Finland,
Having regard to the opinions of the European Parliament (1),
Whereas:
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(1) |
The terms of office of Ms Bettina Michelle JAKOBSEN, Mr Baudilio TOMÉ MUGURUZA, Mr Pietro RUSSO, Mr João FIGUEIREDO and Mr Ville ITÄLÄ are due to expire on 28 February 2018. |
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(2) |
The term of office of Ms Iliana IVANOVA is due to expire on 31 December 2018. |
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(3) |
New appointments should therefore be made, |
HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed members of the Court of Auditors:
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(a) |
for the period from 1 March 2018 to 29 February 2024:
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(b) |
for the period from 1 January 2019 to 31 December 2024:
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Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 22 January 2018.
For the Council
The President
F. MOGHERINI
(1) Opinions of 14 November 2017 (not yet published in the Official Journal).
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24.1.2018 |
EN |
Official Journal of the European Union |
L 19/11 |
COUNCIL DECISION (EU) 2018/110
of 22 January 2018
appointing an alternate member, proposed by the Portuguese Republic, of the Committee of the Regions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposal of the Portuguese Government,
Whereas:
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(1) |
On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 15 June 2015, by Council Decision (EU) 2015/947 (4), Mr João CUNHA E SILVA was replaced by Mr Mário Sérgio Quaresma GONÇALVES MARQUES as an alternate member. |
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(2) |
An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Mário Sérgio Quaresma GONÇALVES MARQUES, |
HAS ADOPTED THIS DECISION:
Article 1
The following is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:
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— |
Ms Paula Cristina DE ARAÚJO DIAS CABAÇO DA SILVA, Secretária Regional do Turismo e Cultura da Região Autónoma da Madeira. |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 22 January 2018.
For the Council
The President
F. MOGHERINI
(1) Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).
(2) Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).
(3) Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
(4) Council Decision (EU) 2015/947 of 15 June 2015 appointing two Portuguese members and one Portuguese alternate member of the Committee of the Regions (OJ L 154, 19.6.2015, p. 14).