ISSN 1725-2555 |
||
Official Journal of the European Union |
L 193 |
|
English edition |
Legislation |
Volume 48 |
Contents |
|
I Acts whose publication is obligatory |
page |
|
* |
||
|
* |
||
|
|
||
|
|
||
|
* |
||
|
* |
||
|
* |
||
|
* |
|
|
Acts adopted under Title V of the Treaty on European Union |
|
|
* |
|
|
|
(1) Text with EEA relevance |
EN |
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. |
I Acts whose publication is obligatory
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/1 |
COUNCIL REGULATION (EC) No 1183/2005
of 18 July 2005
imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 60, 301 and 308 thereof,
Having regard to Common Position 2005/440/CFSP of 13 June 2005 concerning restrictive measures against the Democratic Republic of the Congo (1),
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (2),
Whereas:
(1) |
In view of the continuing illicit flow of weapons within and into the Democratic Republic of the Congo, the UN Security Council, acting under Chapter VII of the Charter of the United Nations, adopted Resolution 1596 (2005) of 18 April 2005 providing, inter alia, for financial restrictive measures against persons designated by the competent United Nations Sanctions Committee as acting in violation of the arms embargo imposed against the Democratic Republic of the Congo by UN Security Council Resolutions 1493 (2003) and 1596 (2005). |
(2) |
Common Position 2005/440/CFSP provides, inter alia, for implementation of the financial restrictive measures against persons designated by the competent United Nations Sanctions Committee. Those measures fall within the scope of the Treaty. In order to avoid any distortion of competition Community measures are therefore necessary to implement them as far as the Community is concerned. For the purposes of this Regulation, the territory of the Community should be deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty. |
(3) |
For reasons of expediency, the Commission should be empowered to amend the Annexes to this Regulation. |
(4) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force on the day of its publication. |
(5) |
The Treaty, in Articles 60 and 301, empowers the Council to take, under certain conditions, measures aimed at the interruption or reduction of payments or movement of capital and of economic relations with regard to third countries. The measures laid down in this Regulation, targeted also at individual persons not directly linked to the government of a third country, are necessary to attain this objective of the Community and Article 308 of the Treaty empowers the Council to take such measures if no other specific powers are provided for in the Treaty, |
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation, the following definitions shall apply:
1. |
‘Sanctions Committee’ means the Committee of the Security Council of the United Nations which was established pursuant to paragraph 8 of UN Security Council Resolution 1533 (2004); |
2. |
‘funds’ means financial assets and benefits of every kind, including but not limited to:
|
3. |
‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management; |
4. |
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services; |
5. |
‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but not limited to, the selling, hiring or mortgaging of them. |
Article 2
1. All funds and economic resources belonging to, or owned or held by the natural or legal persons, entities or bodies listed in Annex I shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in Annex I.
3. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.
Article 3
1. By way of derogation from Article 2 the competent authorities of the Member States, as listed in Annex II, may authorise the release of certain frozen funds or economic resources or the making available of certain frozen funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:
(a) |
necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; |
(b) |
intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; |
(c) |
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; |
provided that the Member State concerned has notified this determination to the Sanctions Committee and the Sanctions Committee has not objected within four working days of such notification.
2. By way of derogation from Article 2 the competent authorities of the Member States, as listed in Annex II, may authorise the release of certain frozen funds or economic resources or the making available of certain frozen funds or economic resources, after having determined that the funds or economic resources are necessary for extraordinary expenses, provided that this determination has been notified by the Member State to the Sanctions Committee and that the determination has been approved by that Committee.
Article 4
By way of derogation from Article 2, the competent authorities of the Member States as listed in Annex II may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
(a) |
the funds or economic resources are subject of a judicial, administrative or arbitral lien established prior to 18 April 2005 or of a judicial, administrative or arbitral judgement rendered prior to that date; |
(b) |
the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgement, within the limits set by applicable laws and regulations governing the rights of persons having such claims; |
(c) |
the lien or judgement is not for the benefit of a person, entity or body listed in Annex I; |
(d) |
recognising the lien or judgement is not contrary to public policy in the Member State concerned; |
(e) |
the lien or judgement has been notified by the Member State to the Sanctions Committee. |
Article 5
1. Article 2(2) shall not apply to the addition to frozen accounts of:
(a) |
interest or other earnings on those accounts, or |
(b) |
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to this Regulation, |
provided that any such interest, other earnings and payments are frozen in accordance with Article 2(1).
2. Article 2(2) shall not prevent the crediting of the frozen accounts by financial or credit institutions that receive funds transferred by third parties to the account of the person, entity or body listed in Annex I, provided that any such additions to such accounts will also be frozen. The financial or credit institutions shall inform the competent authorities about such transactions without delay.
Article 6
1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, natural and legal persons, entities and bodies shall:
(a) |
supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2, to the competent authorities of the Member States listed in Annex II where they are resident or located, and shall transmit such information, directly or through these competent authorities, to the Commission; |
(b) |
cooperate with the competent authorities listed in Annex II in any verification of this information. |
2. Any additional information directly received by the Commission shall be made available to the competent authorities of the Member State concerned.
3. Any information provided or received in accordance with paragraphs 1 and 2 shall be used only for the purposes for which it was provided or received.
Article 7
The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person, entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as result of negligence.
Article 8
The Commission and Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgements handed down by national courts.
Article 9
1. The Commission shall be empowered to:
(a) |
amend Annex I on the basis of determinations made by the Sanctions Committee; and |
(b) |
amend Annex II on the basis of information supplied by Member States. |
2. Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Sanctions Committee for the purpose of the effective implementation of this Regulation.
Article 10
Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Member States shall notify those rules to the Commission without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.
Article 11
This Regulation shall apply
(a) |
within the territory of the Community, including its airspace; |
(b) |
on board any aircraft or any vessel under the jurisdiction of a Member State; |
(c) |
to any person inside or outside the territory of the Community who is a national of a Member State; |
(d) |
to any legal person, entity or body which is incorporated or constituted under the law of a Member State; |
(e) |
to any legal person, entity or body doing business within the Community. |
Article 12
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, 18 July 2005.
For the Council
The President
J. STRAW
(1) OJ L 152, 15.6.2005, p. 22.
(2) Opinion delivered on 23 June 2005 (not yet published in the Official Journal).
ANNEX I
List of natural and legal persons, entities or bodies referred to in Article 2
(Annex to be completed subject to designation by the Committee of the Security Council established pursuant to paragraph 8 of UN Security Council Resolution 1533 (2004))
ANNEX II
List of competent authorities referred to in Articles 3, 4, 5 and 6
BELGIUM
Federale Overheidsdienst Financiën |
Thesaurie |
Kunstlaan 30 |
B-1040 Brussel |
Fax: 00 32 2 233 74 65 |
E-mail: Quesfinvragen.tf@minfin.fed.be |
Service Public Fédéral des Finances |
Trésorerie |
30 Avenue des Arts |
B-1040 Bruxelles |
Fax: 00 32 2 233 74 65 |
E-mail: Quesfinvragen.tf@minfin.fed.be |
CZECH REPUBLIC
Ministerstvo financí |
Finanční analytický útvar |
P.O. BOX 675 |
Jindřišská 14 |
111 21 Praha 1 |
Tel.: + 420 2 5704 4501 |
Fax: + 420 2 5704 4502 |
Ministerstvo zahraničních věcí |
Odbor společné zahraniční a bezpečnostní politiky EU |
Loretánské nám. 5 |
118 00 Praha 1 |
Tel.: + 420 2 2418 2987 |
Fax: + 420 2 2418 4080 |
DENMARK
Erhvervs- og Byggestyrelsen |
Langelinie Allé 17 |
DK-2100 København K |
Tlf. (45) 35 46 62 81 |
Fax (45) 35 46 62 03 |
Udenrigsministeriet |
Asiatisk Plads 2 |
DK-1448 København K |
Tlf. (45) 33 92 00 00 |
Fax (45) 32 54 05 33 |
Justitsministeriet |
Slotholmsgade 10 |
DK-1216 København K |
Tlf. (45) 33 92 33 40 |
Fax (45) 33 93 35 10 |
GERMANY
Concerning freezing of funds:
|
|
Concerning technical assistance:
|
|
ESTONIA
Eesti Välisministeerium |
Islandi väljak 1 |
15049 Tallinn |
Tel.: + 372 6317 100 |
Faks: + 372 6317 199 |
Finantsinspektsioon |
Sakala 4 |
15030 Tallinn |
Tel.: + 372 6680 500 |
Faks: + 372 6680 501 |
GREECE
A. Freezing of Assets
Ministry of Economy and Finance |
General Directory of Economic Policy |
Address: 5 Nikis Str. |
10 563 Athens — Greece |
Tel.: + 30 210 3332786 |
Fax: + 30 210 3332810 |
Α. Δέσμευση κεφαλαίων
Υπουργείο Οικονομίας και Οικονομικών |
Γενική Δ/νση Οικονομικής Πολιτικής |
Δ/νση: Νίκης 5 |
10 563 Αθήνα |
Τηλ.: + 30 210 3332786 |
Φαξ: + 30 210 3332810 |
Β. Import-Export restrictions
Ministry of Economy and Finance |
General Directorate for Policy Planning and Management |
Address Kornaroy Str. |
10 563 Athens |
Tel.: + 30 210 3286401-3 |
Fax: + 30 210 3286404 |
Β. Περιορισμοί εισαγωγών — εξαγωγών
Υπουργείο Οικονομίας και Οικονομικών |
Γενική Δ/νση Σχεδιασμού και Διαχείρισης Πολιτικής |
Δ/νση: Κορνάρου 1 |
Τ.Κ. 10 563 Αθήνα — Ελλάς |
Τηλ.: + 30 210 3286401-3 |
Φαξ: + 30 210 3286404 |
SPAIN
Dirección General del Tesoro y Política Financiera |
Subdirección General de Inspección y Control de Movimientos de Capitales |
Ministerio de Economía |
Paseo del Prado, 6 |
E-28014 Madrid |
Tel. (34) 912 09 95 11 |
Dirección General de Comercio e Inversiones |
Subdirección General de Inversiones Exteriores |
Ministerio de Industria, Comercio y Turismo |
Paseo de la Castellana, 162 |
E-28046 Madrid |
Tel. (34) 913 49 39 83 |
FRANCE
Ministère de l'économie, des finances et de l'industrie |
Direction générale du Trésor et de la politique économique |
Service des affaires multilatérales et du développement |
Sous-direction Politique commerciale et investissements Service Services, Investissements et Propriété intellectuelle |
139, rue du Bercy |
75572 Paris Cedex 12 |
Tél.: (33) 1 44 87 72 85 |
Télécopieur: (33) 1 53 18 96 55 |
Ministère des affaires étrangères |
Direction générale des affaires politiques et de sécurité |
Direction des Nations unies et des organisations internationales |
Sous-direction des affaires politiques |
Tél.: (33) 1 43 17 59 68 |
Télécopieur (33) 1 43 17 46 91 |
Service de la politique étrangère et de sécurité commune |
Tél.: (33) 1 43 17 45 16 |
Télécopieur: (33) 1 43 17 45 84 |
IRELAND
United Nations Section |
Department of Foreign Affairs |
Iveagh House |
79-80 Saint Stephen's Green |
Dublin 2 |
Tel.: + 353 1 478 0822 |
Fax: + 353 1 408 2165 |
Central Bank and Financial Services Authority of Ireland |
Financial Markets Department |
Dame Street |
Dublin 2 |
Tel.: + 353 1 671 6666 |
Fax: + 353 1 679 8882 |
ITALY
Ministero degli Affari Esteri |
Piazzale della Farnesina, 1 |
I-00194 Roma |
D.G.A.S. — Ufficio III |
Tel. (39) 06 3691 8221 |
Fax. (39) 06 3691 5296 |
Ministero dell'Economia e delle Finanze |
Dipartimento del Tesoro |
Comitato di Sicurezza Finanziaria |
Via XX Settembre, 97 |
I-00187 Roma |
Tel. (39) 06 4761 3942 |
Fax. (39) 06 4761 3032 |
CYPRUS
Ministry of Commerce, Industry and Tourism |
6 Andrea Araouzou |
1421 Nicosia |
Tel: + 357 22 86 71 00 |
Fax: + 357 22 31 60 71 |
Central Bank of Cyprus |
80 Kennedy Avenue |
1076 Nicosia |
Tel: + 357 22 71 41 00 |
Fax: + 357 22 37 81 53 |
Ministry of Finance (Department of Customs) |
M. Karaoli |
1096 Nicosia |
Tel: + 357 22 60 11 06 |
Fax: + 357 22 60 27 41/47 |
LATVIA
Latvijas Republikas Prokuratūra |
Noziedzīgi iegūtu līdzekļu legalizācijas novēršanas dienests |
Kalpaka bulvāris 6 |
Rīga, LV 1801 |
Tālr. Nr. (371) 70144431 |
Fakss: (371) 7044804 |
E-pasts: gen@lrp.gov.lv |
Latvijas Republikas Ārlietu ministrija |
Brīvības iela 36 |
Rīga, LV 1395 |
Tālr. Nr. (371) 7016201 |
Fakss: (371) 7828121 |
E-pasts: mfa.cha@mfa.gov.lv |
LITHUANIA
Security Policy Department |
Ministry of Foreign Affairs of the Republic of Lithuania |
J. Tumo-Vaižganto 2 |
LT-01511 Vilnius |
Lithuania |
Tel. (370-5) 236 25 16 |
Faks. (370-5) 236 30 90 |
LUXEMBOURG
Ministère des Affaires étrangères et de l’Immigration |
Direction des Relations économiques internationales |
5, rue Notre-Dame |
L-2240 Luxembourg |
Tél.: (352) 478 2346 |
Fax: (352) 22 20 48 |
Ministère des Finances |
3, rue de la Congrégation |
L-1352 Luxembourg |
Tél.: (352) 478 2712 |
Fax: (352) 47 52 41 |
HUNGARY
Hungarian National Police Headquarters |
Teve u. 4–6. |
H-1139 Budapest |
Hungary |
Tel./fax: + 36-1-443-5554 |
Országos Rendőrfőkapitányság |
1139 Budapest, Teve u. 4–6. |
Magyarország |
Tel./fax: + 36-1-443-5554 |
Ministry of Finance |
József nádor tér. 2–4. |
H-1051 Budapest |
Hungary |
Postbox: 1369 Pf.: 481 |
Tel.: + 36-1-318-2066, + 36-1-327-2100 |
Fax: + 36-1-318-2570, + 36-1-327-2749 |
Pénzügyminisztérium |
1051 Budapest, József nádor tér. 2–4. |
Magyarország |
Postafiók: 1369 Pf.: 481 |
Tel.: + 36-1-318-2066, + 36-1-327-2100 |
Fax: + 36-1-318-2570, + 36-1-327-2749 |
Ministry of Economic Affairs and Transport (in view of Article 4) |
Hungarian Trade Licencing Office |
Margit krt.85. |
H-1024 Budapest Hungary |
Postbox: 1537 Pf.: 345 |
Tel.: + 36-1-336-7327 |
Gazdasági és Közlekedési Minisztérium – Kereskedelmi |
Engedélyezési Hivatal |
Margit krt.85. |
H-1024 Budapest Magyarország |
Postafiók: 1537 Pf.: 345 |
Tel.: + 36-1-336-7327 |
MALTA
Bord ta' Sorveljanza dwar is-Sanzjonijiet |
Ministeru ta' l-Affarijiet Barranin |
Palazzo Parisio |
Triq il-Merkanti |
Valletta CMR 02 |
Tel.: + 356 21 24 28 53 |
Fax: + 356 21 25 15 20 |
NETHERLANDS
De minister van Financiën |
De Directie Financiële Markten/Afdeling Integriteit |
Postbus 20201 |
NL-2500 EE Den Haag |
Tel.: 070-342 8997 |
Fax: 070-342 7984 |
AUSTRIA
Oesterreichische Nationalbank |
Otto Wagner Platz 3 |
A-1090 Wien |
Tel. (+ 43-1) 404 20-0 |
Fax (+ 43-1) 404 20-7399 |
POLAND
Main authority:
|
|
Coordinating authority:
|
|
PORTUGAL
Ministério dos Negócios Estrangeiros |
Direcção-Geral dos Assuntos Multilaterais |
Largo do Rilvas |
P-1350-179 Lisboa |
Tel. (351) 21 394 67 02 |
Fax (351) 21 394 60 73 |
Ministério das Finanças |
Direcção-Geral dos Assuntos Europeus e Relações Internacionais |
Avenida Infante D. Henrique n.o 1, C, 2.o |
P-1100 Lisboa |
Tel. (351) 21 882 3390/8 |
Fax (351) 21 882 3399 |
SLOVENIA
Ministry of Foreign Affairs |
Prešernova 25 |
SI-1000 Ljubljana |
Tel.: 00386 1 4782000 |
Faks: 00386 1 4782341 |
Ministry of the Economy |
Kotnikova 5 |
SI-1000 Ljubljana |
Tel.: 00386 1 4783311 |
Faks: 00386 1 4331031 |
Ministry of Defence |
Kardeljeva pl. 25 |
SI-1000 Ljubljana |
Tel.: 00386 1 4712211 |
Faks: 00386 1 4318164 |
SLOVAKIA
Ministerstvo financií Slovenskej republiky |
Štefanovičova 5 |
P.O. BOX 82 |
817 82 Bratislava |
Tel.: 00421/2/5958 1111 |
Fax: 00421/2/5249 8042 |
Ministerstvo zahraničných vecí Slovenskej republiky |
Hlboká cesta 2 |
83336 Bratislava |
Tel: 00421/2/5978 1111 |
Fax: 00421/2/5978 3649 |
FINLAND
Ulkoasiainministeriö/Utrikesministeriet |
PL/PB 176 |
FIN-00161 Helsinki/Helsingfors |
P./Tfn (358-9) 16 00 5 |
Faksi/Fax (358-9) 16 05 57 07 |
SWEDEN
Articles 3 and 4:
|
|
Articles 5 and 6:
|
|
UNITED KINGDOM
HM Treasury |
Financial Systems and International Standards |
1, Horse Guards Road |
London SW1A 2HQ |
United Kingdom |
Tel. + 44 (0) 20 7270 5977 |
Fax. + 44 (0) 20 7270 5430 |
Bank of England |
Financial Sanctions Unit |
Threadneedle Street |
London EC2R 8AH |
United Kingdom |
Tel. + 44 (0) 20 7601 4768 |
Fax. + 44 (0) 20 7601 4309 |
EUROPEAN COMMUNITY
European Commission |
DG External Relations |
Directorate A: Common Foreign and Security Policy (CFSP) and European Security and Defence Policy (ESDP): Commission Coordination and contribution |
Unit A 2: Legal and institutional matters, CFSP Joint Actions, Sanctions, Kimberley Process |
Tel. (32-2) 295 55 85 |
Fax (32-2) 296 75 63 |
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/9 |
COUNCIL REGULATION (EC) No 1184/2005
of 18 July 2005
imposing certain specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 60, 301 and 308 thereof,
Having regard to Common Position 2005/411/CFSP of 30 May 2005 concerning restrictive measures against Sudan (1),
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (2),
Whereas:
(1) |
In its Resolution 1591 (2005) of 29 March 2005, the UN Security Council, acting under Chapter VII of the Charter of the United Nations, and deploring strongly that the Government of Sudan and rebel forces and all other armed groups in Darfur have failed to comply with their commitments and the demands of the Security Council, decided to impose certain additional restrictive measures in respect of Sudan. |
(2) |
Common Position 2005/411/CFSP provides, inter alia, for implementation of the freezing of funds and economic resources of those persons designated by the competent United Nations Sanctions Committee, who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, violate the arms embargo or are responsible for certain offensive military flights in and over the Darfur region. These measures fall within the scope of the Treaty and, therefore, in order to avoid any distortion of competition, Community measures are necessary to implement them as far as the Community is concerned. |
(3) |
For the purpose of this Regulation, the territory of the Community should be deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty. |
(4) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force on the day of its publication. |
(5) |
The Treaty, in Articles 60 and 301, empowers the Council to take, under certain conditions, measures aimed at the interruption or reduction of payments or movement of capital and of economic relations with regard to third countries. The measures laid down in this Regulation, targeted also at individual persons not directly linked to the government of a third country, are necessary to attain this objective of the Community and Article 308 of the Treaty empowers the Council to take such measures if no other specific powers are provided for in the Treaty, |
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation, the following definitions shall apply:
1. |
‘Sanctions Committee’ means the Committee of the Security Council of the United Nations which was established pursuant to paragraph 3 of UN Security Council Resolution 1591 (2005); |
2. |
‘funds’ means financial assets and benefits of every kind, including but not limited to:
|
3. |
‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management; |
4. |
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services; |
5. |
‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but not limited to, the selling, hiring or mortgaging of them. |
Article 2
1. All funds and economic resources belonging to, owned or controlled, directly or indirectly, by the natural or legal persons, entities or bodies listed in Annex I shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in Annex I.
3. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.
Article 3
1. By way of derogation from Article 2 the competent authorities of the Member States, as listed in Annex II, may authorise the release of certain frozen funds or economic resources or the making available of certain frozen funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:
(a) |
necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; |
(b) |
intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; |
(c) |
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; |
provided that the Member State concerned has notified this determination to the Sanctions Committee and the Sanctions Committee has not objected within two working days of such notification.
2. By way of derogation from Article 2 the competent authorities of the Member States, as listed in Annex II, may authorise the release of certain frozen funds or economic resources or the making available of certain frozen funds or economic resources, after having determined that the funds or economic resources are necessary for extraordinary expenses, provided that this determination has been notified by the Member State to the Sanctions Committee and that the determination has been approved by that Committee.
Article 4
By way of derogation from Article 2, the competent authorities of the Member States as listed in Annex II may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
(a) |
the funds or economic resources are subject of a judicial, administrative or arbitral lien established prior to 29 March 2005 or of a judicial, administrative or arbitral judgment rendered prior to that date; |
(b) |
the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims; |
(c) |
the lien or judgment is not for the benefit of a person, entity or body listed in Annex I; |
(d) |
recognising the lien or judgment is not contrary to public policy in the Member State concerned; |
(e) |
the lien or judgment has been notified by the Member State to the Sanctions Committee. |
Article 5
1. Article 2(2) shall not apply to the addition to frozen accounts of:
(a) |
interest or other earnings on those accounts; or |
(b) |
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to this Regulation, |
provided that any such interest, other earnings and payments are frozen in accordance with Article 2(1).
2. Article 2(2) shall not prevent the crediting of the frozen accounts by financial or credit institutions that receive funds transferred by third parties to the account of the person, entity or body listed in Annex I, provided that any such additions to such accounts will also be frozen. The financial or credit institutions shall inform the competent authorities about such transactions without delay.
Article 6
1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, natural and legal persons, entities and bodies shall:
(a) |
supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2, to the competent authorities of the Member States listed in Annex II where they are resident or located, and shall transmit such information, directly or through these competent authorities, to the Commission; |
(b) |
cooperate with the competent authorities listed in Annex II in any verification of this information. |
2. Any additional information directly received by the Commission shall be made available to the competent authorities of the Member State concerned.
3. Any information provided or received in accordance with paragraphs 1 and 2 shall be used only for the purposes for which it was provided or received.
Article 7
The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person, entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as result of negligence.
Article 8
The Commission and Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 9
1. The Commission shall be empowered to:
(a) |
amend Annex I on the basis of determinations made by the Sanctions Committee; and |
(b) |
amend Annex II on the basis of information supplied by Member States. |
2. Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Sanctions Committee for the purpose of the effective implementation of this Regulation.
Article 10
Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Member States shall notify those rules to the Commission without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.
Article 11
This Regulation shall apply
(a) |
within the territory of the Community, including its airspace; |
(b) |
on board any aircraft or any vessel under the jurisdiction of a Member State; |
(c) |
to any person inside or outside the territory of the Community who is a national of a Member State; |
(d) |
to any legal person, entity or body which is incorporated or constituted under the law of a Member State; |
(e) |
to any legal person, entity or body doing business within the Community. |
Article 12
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, 18 July 2005
For the Council
The President
J. STRAW
(1) OJ L 139, 2.6.2005, p. 25.
(2) Opinion delivered on 23 June 2005 (not yet published in the Official Journal).
ANNEX I
List of natural and legal persons, entities or bodies referred to in Article 2
(Annex to be completed subject to designation by the Committee of the Security Council established pursuant to paragraph 3 of UN Security Council Resolution 1591 (2005))
ANNEX II
List of competent authorities referred to in Articles 3, 4, 5, 6 and 7
BELGIUM
Federale Overheidsdienst Financiën |
Thesaurie |
Kunstlaan 30 |
B-1040 Brussel |
Fax: 00 32 2 233 74 65 |
E-mail: Quesfinvragen.tf@minfin.fed.be |
Service Public Fédéral des Finances |
Trésorerie |
30 Avenue des Arts |
B-1040 Bruxelles |
Fax: 00 32 2 233 74 65 |
E-mail: Quesfinvragen.tf@minfin.fed.be |
CZECH REPUBLIC
Ministerstvo financí |
Finanční analytický útvar |
P.O. BOX 675 |
Jindřišská 14 |
111 21 Praha 1 |
Tel.: + 420 2 5704 4501 |
Fax: + 420 2 5704 4502 |
Ministerstvo zahraničních věcí |
Odbor společné zahraniční a bezpečnostní politiky EU |
Loretánské nám. 5 |
118 00 Praha 1 |
Tel.: + 420 2 2418 2987 |
Fax: + 420 2 2418 4080 |
DENMARK
Erhvervs- og Byggestyrelsen |
Langelinie Allé 17 |
DK-2100 København K |
Tlf. (45) 35 46 62 81 |
Fax (45) 35 46 62 03 |
Udenrigsministeriet |
Asiatisk Plads 2 |
DK-1448 København K |
Tlf. (45) 33 92 00 00 |
Fax (45) 32 54 05 33 |
Justitsministeriet |
Slotholmsgade 10 |
DK-1216 København K |
Tlf. (45) 33 92 33 40 |
Fax (45) 33 93 35 10 |
GERMANY
Concerning freezing of funds:
|
|
Concerning technical assistance:
|
|
ESTONIA
Eesti Välisministeerium |
Islandi väljak 1 |
15049 Tallinn |
Tel.: + 372 6317 100 |
Faks: + 372 6317 199 |
Finantsinspektsioon |
Sakala 4 |
15030 Tallinn |
Tel.: + 372 6680 500 |
Faks: + 372 6680 501 |
GREECE
A. Freezing of Assets
Ministry of Economy and Finance |
General Directory of Economic Policy |
Address: 5 Nikis Str. |
10 563 Athens — Greece |
Tel.: + 30 210 3332786 |
Fax: + 30 210 3332810 |
Α. Δέσμευση κεφαλαίων
Υπουργείο Οικονομίας και Οικονομικών |
Γενική Δ/νση Οικονομικής Πολιτικής |
Δ/νση: Νίκης 5 |
10 563 Αθήνα |
Τηλ.: + 30 210 3332786 |
Φαξ: + 30 210 3332810 |
Β. Import-Export restrictions
Ministry of Economy and Finance |
General Directorate for Policy Planning and Management |
Address Kornaroy Str. |
10 563 Athens |
Tel.: + 30 210 3286401-3 |
Fax: + 30 210 3286404 |
Β. Περιορισμοί εισαγωγών — εξαγωγών
Υπουργείο Οικονομίας και Οικονομικών |
Γενική Δ/νση Σχεδιασμού και Διαχείρισης Πολιτικής |
Δ/νση: Κορνάρου 1 |
Τ.Κ. 10 563 Αθήνα — Ελλάς |
Τηλ.: + 30 210 3286401-3 |
Φαξ: + 30 210 3286404 |
SPAIN
Dirección General del Tesoro y Política Financiera |
Subdirección General de Inspección y Control de Movimientos de Capitales |
Ministerio de Economía |
Paseo del Prado, 6 |
E-28014 Madrid |
Tel. (34) 912 09 95 11 |
Dirección General de Comercio e Inversiones |
Subdirección General de Inversiones Exteriores |
Ministerio de Industria, Comercio y Turismo |
Paseo de la Castellana, 162 |
E-28046 Madrid |
Tel. (34) 913 49 39 83 |
FRANCE
Ministère de l'économie, des finances et de l'industrie |
Direction générale du Trésor et de la politique économique |
Service des affaires multilatérales et du développement |
Sous-direction Politique commerciale et investissements Service Services, Investissements et Propriété intellectuelle |
139, rue du Bercy |
75572 Paris Cedex 12 |
Tél.: (33) 1 44 87 72 85 |
Télécopieur: (33) 1 53 18 96 55 |
Ministère des affaires étrangères |
Direction générale des affaires politiques et de sécurité |
Direction des Nations unies et des organisations internationales |
Sous-direction des affaires politiques |
Tél.: (33) 1 43 17 59 68 |
Télécopieur (33) 1 43 17 46 91 |
Service de la politique étrangère et de sécurité commune |
Tél.: (33) 1 43 17 45 16 |
Télécopieur: (33) 1 43 17 45 84 |
IRELAND
United Nations Section |
Department of Foreign Affairs |
Iveagh House |
79-80 Saint Stephen's Green |
Dublin 2 |
Tel.: + 353 1 478 0822 |
Fax: + 353 1 408 2165 |
Central Bank and Financial Services Authority of Ireland |
Financial Markets Department |
Dame Street |
Dublin 2 |
Tel.: + 353 1 671 6666 |
Fax: + 353 1 679 8882 |
ITALY
Ministero degli Affari Esteri |
Piazzale della Farnesina, 1 |
I-00194 Roma |
D.G.A.S. — Ufficio II |
Tel. (39) 06 3691 2435 |
Fax. (39) 06 3691 4534 |
Ministero dell'Economia e delle Finanze |
Dipartimento del Tesoro |
Comitato di Sicurezza Finanziaria |
Via XX Settembre, 97 |
I-00187 Roma |
Tel. (39) 06 4761 3942 |
Fax. (39) 06 4761 3032 |
CYPRUS
Ministry of Commerce, Industry and Tourism |
6 Andrea Araouzou |
1421 Nicosia |
Tel: + 357 22 86 71 00 |
Fax: + 357 22 31 60 71 |
Central Bank of Cyprus |
80 Kennedy Avenue |
1076 Nicosia |
Tel: + 357 22 71 41 00 |
Fax: + 357 22 37 81 53 |
Ministry of Finance (Department of Customs) |
M. Karaoli |
1096 Nicosia |
Tel: + 357 22 60 11 06 |
Fax: + 357 22 60 27 41/47 |
LATVIA
Latvijas Republikas Prokuratūra |
Noziedzīgi iegūtu līdzekļu legalizācijas novēršanas dienests |
Kalpaka bulvāris 6 |
Rīga, LV 1801 |
Tālr. Nr. (371) 70144431 |
Fakss: (371) 7044804 |
E-pasts: gen@lrp.gov.lv |
Latvijas Republikas Ārlietu ministrija |
Brīvības iela 36 |
Rīga, LV 1395 |
Tālr. Nr. (371) 7016201 |
Fakss: (371) 7828121 |
E-pasts: mfa.cha@mfa.gov.lv |
LITHUANIA
Security Policy Department |
Ministry of Foreign Affairs of the Republic of Lithuania |
J. Tumo-Vaižganto 2 |
LT-01511 Vilnius |
Lithuania |
Tel. (370-5) 236 25 16 |
Faks. (370-5) 236 30 90 |
LUXEMBOURG
Ministère des Affaires étrangères et de l’Immigration |
Direction des Relations économiques internationales |
5, rue Notre-Dame |
L-2240 Luxembourg |
Tél.: (352) 478 2346 |
Fax: (352) 22 20 48 |
Ministère des Finances |
3, rue de la Congrégation |
L-1352 Luxembourg |
Tél.: (352) 478 2712 |
Fax: (352) 47 52 41 |
HUNGARY
Hungarian National Police Headquarters |
Teve u. 4–6. |
H-1139 Budapest |
Hungary |
Tel./fax: + 36-1-443-5554 |
Országos Rendőrfőkapitányság |
1139 Budapest, Teve u. 4–6. |
Magyarország |
Tel./fax: + 36-1-443-5554 |
Ministry of Finance |
József nádor tér. 2–4. |
H-1051 Budapest |
Hungary |
Postbox: 1369 Pf.: 481 |
Tel.: + 36-1-318-2066, + 36-1-327-2100 |
Fax: + 36-1-318-2570, + 36-1-327-2749 |
Pénzügyminisztérium |
1051 Budapest, József nádor tér. 2–4. |
Magyarország |
Postafiók: 1369 Pf.: 481 |
Tel.: + 36-1-318-2066, + 36-1-327-2100 |
Fax: + 36-1-318-2570, + 36-1-327-2749 |
Ministry of Economic Affairs and Transport (in view of Article 4) |
Hungarian Trade Licencing Office |
Margit krt.85. |
H-1024 Budapest Hungary |
Postbox: 1537 Pf.: 345 |
Tel.: + 36-1-336-7327 |
Gazdasági és Közlekedési Minisztérium – Kereskedelmi |
Engedélyezési Hivatal |
Margit krt.85. |
H-1024 Budapest Magyarország |
Postafiók: 1537 Pf.: 345 |
Tel.: + 36-1-336-7327 |
MALTA
Bord ta' Sorveljanza dwar is-Sanzjonijiet |
Ministeru ta' l-Affarijiet Barranin |
Palazzo Parisio |
Triq il-Merkanti |
Valletta CMR 02 |
Tel.: + 356 21 24 28 53 |
Fax: + 356 21 25 15 20 |
NETHERLANDS
De minister van Financiën |
De Directie Financiële Markten/Afdeling Integriteit |
Postbus 20201 |
NL-2500 EE Den Haag |
Tel.: 070-342 8997 |
Fax: 070-342 7984 |
AUSTRIA
Oesterreichische Nationalbank |
Otto Wagner Platz 3 |
A-1090 Wien |
Tel. (+ 43-1) 404 20-0 |
Fax (+ 43-1) 404 20-7399 |
POLAND
Main authority:
|
|
Coordinating authority:
|
|
PORTUGAL
Ministério dos Negócios Estrangeiros |
Direcção-Geral dos Assuntos Multilaterais |
Largo do Rilvas |
P-1350-179 Lisboa |
Tel. (351) 21 394 67 02 |
Fax (351) 21 394 60 73 |
Ministério das Finanças |
Direcção-Geral dos Assuntos Europeus e Relações Internacionais |
Avenida Infante D. Henrique n.o 1, C, 2.o |
P-1100 Lisboa |
Tel. (351) 21 882 3390/8 |
Fax (351) 21 882 3399 |
SLOVENIA
Ministry of Foreign Affairs |
Prešernova 25 |
SI-1000 Ljubljana |
Tel.: 00386 1 4782000 |
Faks: 00386 1 4782341 |
Ministry of the Economy |
Kotnikova 5 |
SI-1000 Ljubljana |
Tel.: 00386 1 4783311 |
Faks: 00386 1 4331031 |
Ministry of Defence |
Kardeljeva pl. 25 |
SI-1000 Ljubljana |
Tel.: 00386 1 4712211 |
Faks: 00386 1 4318164 |
SLOVAKIA
Ministerstvo financií Slovenskej republiky |
Štefanovičova 5 |
P.O. BOX 82 |
817 82 Bratislava |
Tel.: 00421/2/5958 1111 |
Fax: 00421/2/5249 8042 |
Ministerstvo zahraničných vecí Slovenskej republiky |
Hlboká cesta 2 |
83336 Bratislava |
Tel: 00421/2/5978 1111 |
Fax: 00421/2/5978 3649 |
FINLAND
Ulkoasiainministeriö/Utrikesministeriet |
PL/PB 176 |
FIN-00161 Helsinki/Helsingfors |
P./Tfn (358-9) 16 00 5 |
Faksi/Fax (358-9) 16 05 57 07 |
SWEDEN
Articles 3 and 4:
|
|
Articles 5 and 6:
|
|
UNITED KINGDOM
HM Treasury |
Financial Systems and International Standards |
1, Horse Guards Road |
London SW1A 2HQ |
United Kingdom |
Tel. + 44 (0) 20 7270 5977 |
Fax. + 44 (0) 20 7270 5430 |
Bank of England |
Financial Sanctions Unit |
Threadneedle Street |
London EC2R 8AH |
United Kingdom |
Tel. + 44 (0) 20 7601 4768 |
Fax. + 44 (0) 20 7601 4309 |
EUROPEAN COMMUNITY
European Commission |
DG External Relations |
Directorate A: Common Foreign and Security Policy (CFSP) and European Security and Defence Policy (ESDP): Commission Coordination and contribution |
Unit A 2: Legal and institutional matters, CFSP Joint Actions, Sanctions, Kimberley Process |
Tel. (32-2) 295 55 85 |
Fax (32-2) 296 75 63 |
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/17 |
COMMISSION REGULATION (EC) No 1185/2005
of 22 July 2005
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1) |
Regulation (EC) No 3223/94 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 the Annex thereto. |
(2) |
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 23 July 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 2005.
For the Commission
J. M. SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).
ANNEX
to Commission Regulation of 22 July 2005 establishing the 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 |
052 |
78,8 |
096 |
42,0 |
|
999 |
60,4 |
|
0707 00 05 |
052 |
77,1 |
999 |
77,1 |
|
0709 90 70 |
052 |
73,3 |
999 |
73,3 |
|
0805 50 10 |
388 |
65,1 |
508 |
58,8 |
|
524 |
73,5 |
|
528 |
62,6 |
|
999 |
65,0 |
|
0806 10 10 |
052 |
107,1 |
204 |
80,8 |
|
220 |
176,7 |
|
508 |
134,4 |
|
624 |
159,1 |
|
999 |
131,6 |
|
0808 10 80 |
388 |
87,1 |
400 |
95,7 |
|
404 |
86,2 |
|
508 |
74,8 |
|
512 |
72,0 |
|
524 |
52,1 |
|
528 |
52,4 |
|
720 |
57,1 |
|
804 |
84,8 |
|
999 |
73,6 |
|
0808 20 50 |
052 |
99,6 |
388 |
77,9 |
|
512 |
23,3 |
|
528 |
50,0 |
|
999 |
62,7 |
|
0809 10 00 |
052 |
139,2 |
094 |
100,2 |
|
999 |
119,7 |
|
0809 20 95 |
052 |
293,1 |
400 |
310,8 |
|
404 |
385,7 |
|
999 |
329,9 |
|
0809 30 10 , 0809 30 90 |
052 |
120,2 |
999 |
120,2 |
|
0809 40 05 |
624 |
87,8 |
999 |
87,8 |
(1) Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘ 999 ’ stands for ‘of other origin’.
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/19 |
COMMISSION REGULATION (EC) No 1186/2005
of 22 July 2005
suspending the buying-in of butter in certain Member States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1),
Having regard to Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream (2), and in particular Article 2 thereof,
Whereas:
(1) |
Article 2 of Regulation (EC) No 2771/1999 lays down that buying-in is to be opened or suspended by the Commission in a Member State, as appropriate, once it is observed that, for two weeks in succession, the market price in that Member State is below or equal to or above 92 % of the intervention price. |
(2) |
Commission Regulation (EC) No 1145/2005 (3) establishes the most recent list of Member States in which intervention is suspended. This list must be adjusted as a result of the market prices communicated by Estonia pursuant to Article 8 of Regulation (EC) No 2771/1999. In the interests of clarity, the list in question should be replaced and Regulation (EC) No 1145/2005 should be repealed, |
HAS ADOPTED THIS REGULATION:
Article 1
Buying-in of butter as provided for in Article 6(1) of Regulation (EC) No 1255/1999 is hereby suspended in Belgium, the Czech Republic, Denmark, Germany, Estonia, France, Ireland, Italy, Cyprus, Latvia, Hungary, Malta, Greece, Luxembourg, the Netherlands, Austria, Poland, Portugal, Slovenia, Slovakia, Finland, Sweden and the United Kingdom.
Article 2
Regulation (EC) No 1145/2005 is hereby repealed.
Article 3
This Regulation shall enter into force on 23 July 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 2005.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).
(2) OJ L 333, 24.12.1999, p. 11. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/20 |
COMMISSION REGULATION (EC) No 1187/2005
of 22 July 2005
amending Regulation (EEC) No 1859/82 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 79/65/EEC of 15 June 1965 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Economic Community (1), and in particular Article 4(4) thereof,
Whereas:
(1) |
Article 2 of Commission Regulation (EEC) No 1859/82 (2) fixes per Member State the threshold of economic size of returning holdings falling within the field of survey of the farm accountancy data network. |
(2) |
In the case of Germany, structural changes have lead to a decrease in the number of the smallest holdings and in their contribution to the total output of agriculture. This has made their use for a survey covering the most relevant part of the agricultural activity no longer necessary. It is therefore indicated to raise the threshold from 8 ESU to 16 ESU. |
(3) |
In the case of Cyprus, the threshold set initially to 1 ESU should be raised to 2 ESU, because the holdings with an economic size smaller than 2 ESU represent only 7 % of the total standard gross margin. The most relevant part of the agricultural activity can therefore be covered with a threshold excluding the smaller holdings. |
(4) |
The number of returning holdings per Member State to be selected by division is fixed in Annex I to Regulation (EEC) No 1859/82. In the case of Spain, Italy, Austria, Portugal and Finland, the number of returning holdings has remained the same for a long time despite the significant reduction in the number of holdings. The reduction has been accompanied by an increase in the uniformity of the holdings, which is such that it enables satisfactory representation to be achieved on the basis of a smaller sample than the current one. Due to this structural change the number of returning holdings to be selected in Spain, Italy, Austria, Portugal and Finland can be reduced. However, for some divisions in Spain and Italy that number should be increased as a result of improved statistical methodologies used for the selection. |
(5) |
The number of returning holdings in Malta should be revised based on new information concerning its agricultural structure. |
(6) |
Regulation (EEC) No 1859/82 should therefore be amended accordingly. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1859/82 is amended as follows:
1. |
Article 2 is replaced by the following: ‘Article 2 For the 2006 accounting year (a period of 12 consecutive months beginning between 1 January 2006 and 1 July 2006) and for subsequent accounting years, the threshold as referred to in Article 4 of Regulation No 79/65/EEC in ESU shall be as follows:
|
2. |
Annex I is amended in accordance with the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from the 2006 accounting year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 2005.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ 109, 23.6.1965, p. 1859/65. Regulation as last amended by Commission Regulation (EC) No 660/2004 (OJ L 104, 8.4.2004, p. 97).
(2) OJ L 205, 13.7.1982, p 5. Regulation as last amended by Regulation (EC) No 2203/2004 (OJ L 374, 22.12.2004, p. 36).
ANNEX
Annex I to Regulation (EEC) No 1859/82 is amended as follows:
1. |
The part concerning Spain is replaced by the following:
|
2. |
The part concerning Italy is replaced by the following:
|
3. |
The part concerning Malta is replaced by the following:
|
4. |
The part concerning Austria is replaced by the following:
|
5. |
The part concerning Portugal is replaced by the following:
|
6. |
The part concerning Finland is replaced by the following:
|
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/24 |
COMMISSION REGULATION (EC) No 1188/2005
of 22 July 2005
amending Regulation (EC) No 761/2005 opening crisis distillation as provided for in Article 30 of Council Regulation (EC) No 1493/1999 for certain wines in France
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 33(1)(f) thereof,
Whereas:
(1) |
Commission Regulation (EC) No 761/2005 (2) opened crisis distillation under Article 30 of Regulation (EC) No 1493/1999 for certain quality wines produced in France for the period 23 May to 15 July 2005. |
(2) |
Since this is the first time that quality wine produced in France has been subject to crisis distillation, some problems have been encountered in launching the system. Certain producers wishing to participate in the distillation may be unable to do so within the deadline laid down. To ensure that the measure is effective, therefore, the period for concluding delivery contracts as provided for in Regulation (EC) No 761/2005 should be extended until 31 July 2005. |
(3) |
Regulation (EC) No 761/2005 should therefore be amended accordingly. |
(4) |
To ensure continuity of the measure, this Regulation should apply from 16 July 2005. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, |
HAS ADOPTED THIS REGULATION:
Article 1
The first paragraph of Article 2 of Regulation (EC) No 761/2005 is hereby replaced by the following:
‘Producers may conclude contracts as provided for in Article 65 of Regulation (EC) No 1623/2000 (hereinafter referred to as the contract) from 23 May to 31 July 2005.’
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 16 July 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 2005.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 179, 14.7.1999, p. 1. Regulation last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/25 |
COMMISSION REGULATION (EC) No 1189/2005
of 20 July 2005
prohibiting fishing for common sole in ICES zones VII b, c by vessels flying the flag of France
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1) |
Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2005. |
(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 2005. |
(3) |
It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
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 2005 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing 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. It shall be prohibited to retain on board, tranship or land such 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, 20 July 2005.
For the Commission
Jörgen HOLMQUIST
Director-General for Fisheries and Maritime Affairs
(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).
(3) OJ L 12, 14.1.2005, p. 1. Regulation as last amended by Regulation (EC) No 860/2005 (OJ L 144, 8.6.2005, p. 1).
ANNEX
Member State |
France |
Stock |
SOL/7BC |
Species |
Common sole (Solea solea) |
Zone |
VII b, c |
Date |
27 June 2005 |
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/27 |
COMMISSION REGULATION (EC) No 1190/2005
of 20 July 2005
amending for the 48th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freezing of funds and other financial resources in respect of the Taliban of Afghanistan (1), and in particular Article 7(1), first indent, thereof,
Whereas:
(1) |
Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation. |
(2) |
On 15 July 2005, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly. |
(3) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is amended as set out 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, 20 July 2005.
For the Commission
Eneko LANDÁBURU
Director-General for External Relations
(1) OJ L 139, 29.5.2002, p. 9. Regulation as last amended by Regulation (EC) No 853/2005 (OJ L 141, 4.6.2005, p. 8).
ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
The following entry shall be added under the heading ‘Legal persons, groups and entities’:
‘Movement for Reform in Arabia (alias (a) Movement for Islamic Reform in Arabia, (b) MIRA, (c) Al Islah (Reform), (d) MRA, (e) Al-Harakat al-Islamiyah lil-Islah, (f) Islamic Movement for Reform, (g) Movement for (Islamic) Reform in Arabia Ltd, (h) Movement for Reform in Arabia Ltd). Address: (a) BM Box: MIRA, London WC1N 3XX, United Kingdom, (b) Safiee Suite, EBC House, Townsend Lane, London NW9 8LL, United Kingdom. Other information: (a) e-mail address: info@islah.org, (b) tel. 020 8452 0303, (c) fax 020 8452 0808, (d) UK Company number 03834450.’
II Acts whose publication is not obligatory
Council
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/29 |
COUNCIL DECISION
of 24 June 2005
appointing two German members and two German alternate members of the Committee of the Regions
(2005/570/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal from the German Government,
Whereas:
(1) |
On 22 January 2002 the Council adopted Decision 2002/60/EC (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2002 to 25 January 2006. |
(2) |
Two members’ seats on the Committee of the Regions have become vacant following expiry of the mandates of Mr Stanislaw TILLICH and Ms Ulrike RODUST and two alternate members’ seats on the Committee of the Regions have become vacant following expiry of the mandates of Mr Volker SCHIMPFF and Ms Heide SIMONIS, |
HAS DECIDED AS FOLLOWS:
Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the term of office still to run, namely until 25 January 2006:
(a) |
as members:
|
(b) |
as alternate members:
|
Article 2
This Decision shall be published in the Official Journal of the European Union.
It shall take effect on the day of its adoption.
Done at Luxembourg, 24 June 2005.
For the Council
The President
L. LUX
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/31 |
COUNCIL DECISION
of 12 July 2005
amending Decision 2001/264/EC adopting the Council’s security regulations
(2005/571/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and in particular Article 207(3) thereof,
Having regard to Council Decision 2004/338/EC, Euratom of 22 March 2004 adopting the Council’s Rules of Procedure (1), and in particular Article 24 thereof,
Whereas:
(1) |
Appendix 2 to the Security Regulations of the Council of the European Union annexed to Decision 2001/264/EC (2) contains a table of comparison of security classifications. This table was modified by Council Decision 2004/194/EC of 10 February 2004 amending Decision 2001/264/EC (3). |
(2) |
France and the Netherlands have notified the General Secretariat of the Council of changes concerning their respective security gradings. |
(3) |
It is therefore necessary to amend Council Decision 2001/264/EC accordingly, |
HAS DECIDED AS FOLLOWS:
Article 1
In Decision 2001/264/EC, Appendix 1 and Appendix 2 shall be replaced by the text appearing in the Annex to this Decision.
Article 2
This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 12 July 2005.
For the Council
The President
G. BROWN
(1) OJ L 106, 15.4.2004, p. 22. Decision as amended by Decision 2004/701/EC, Euratom (OJ L 319, 20.10.2004, p. 15).
ANNEX
‘Appendix 1
List of national security authorities
BELGIUM
Service public fédéral des affaires étrangères, du commerce extérieur et de la coopération au développement |
|||||||||
Autorité nationale de sécurité (ANS) |
|||||||||
Direction du protocole et de la sécurité |
|||||||||
Service de la sécurité P&S 6 |
|||||||||
Rue des Petits Carmes 15 |
|||||||||
B-1000 Bruxelles |
|||||||||
|
CZECH REPUBLIC
Národní bezpečnostní úřad |
||||||
(National Security Authority) |
||||||
Na Popelce 2/16 |
||||||
150 06 Praha 56 |
||||||
|
DENMARK
Politiets Efterretningstjeneste |
||||||
(Danish Security Intelligence Service) |
||||||
Klausdalsbrovej 1 |
||||||
DK-2860 Søborg |
||||||
|
Forsvarets Efterretningstjeneste |
||||||
(Danish Defence Intelligence Service) |
||||||
Kastellet 30 |
||||||
DK-2100 København Ø |
||||||
|
GERMANY
Bundesministerium des Innern |
||||||
Referat IS 4 |
||||||
Alt-Moabit 101 D |
||||||
D-11014 Berlin |
||||||
|
ESTONIA
Eesti Vabariigi Kaitseministeerium |
||||||
(Ministry of Defence, Republic of Estonia, Department of Security National Security Authority) |
||||||
Sakala 1 |
||||||
EE-15094 Tallinn |
||||||
|
GREECE
Γενικό Επιτελείο Εθνικής Άμυνας (ΓΕΕΘΑ) |
||||||
Διακλαδική Διεύθυνση Στρατιωτικών Πληροφοριών (ΔΔΣΠ) |
||||||
Διεύθυνση Ασφαλείας και Αντιπληροφοριών |
||||||
GR-ΣΤΓ 1020 Χολαργός (Αθήνα) |
||||||
|
[Hellenic National Defence General Staff (HNDGS)] |
||||||
Military Intelligence Sectoral Directorate |
||||||
Security Counterintelligence Directorate |
||||||
GR-STG 1020 Holargos — Athens |
||||||
|
SPAIN
Autoridad Nacional de Seguridad |
||||||
Oficina Nacional de Seguridad |
||||||
Avenida Padre Huidobro s/n |
||||||
Carretera nacional radial VI, km 8,5 |
||||||
E-28023 Madrid |
||||||
|
FRANCE
Secrétariat général de la défense nationale |
||||||
Service de sécurité de défense (SGDN/SSD) |
||||||
51, boulevard de la Tour-Maubourg |
||||||
F-75700 Paris 07 SP |
||||||
|
IRELAND
National Security Authority |
||||
Department of Foreign Affairs |
||||
80 St. Stephens Green |
||||
IRL-Dublin 2 |
||||
|
ITALY
Presidenza del Consiglio dei Ministri |
||||||
Autorità Nazionale per la Sicurezza |
||||||
Cesis III Reparto (UCSi) |
||||||
Via di Santa Susanna, 15 |
||||||
I-00187 Roma |
||||||
|
CYPRUS
Υπουργείο Άμυνας |
||||||
Στρατιωτικό επιτελείο του υπουργού |
||||||
Εθνική Αρχή Ασφάλειας (ΕΑΑ) |
||||||
Υπουργείο Άμυνας |
||||||
Λεωφόρος Εμμανουήλ Ροΐδη 4 |
||||||
CY-1432 Λευκωσία |
||||||
|
Ministry of Defence |
||||||
Minister's Military Staff |
||||||
National Security Authority (NSA) |
||||||
4 Emanuel Roidi Street |
||||||
CY-1432 Nicosia |
||||||
|
LATVIA
National Security Authority of Constitution Protection |
||||||
Bureau of the Republic of Latvia |
||||||
Miera iela 85 A |
||||||
LV-1013 Riga |
||||||
|
LITHUANIA
Lithuanian National Security Authority |
||||||
Gedimino ave. 40/1 |
||||||
LT-01110 Vilnius |
||||||
|
LUXEMBOURG
Autorité nationale de sécurité |
||||||
Ministère d'État |
||||||
Boîte postale 23 79 |
||||||
L-1023 Luxembourg |
||||||
|
HUNGARY
National Security Authority Republic of Hungary |
||||||
Nemzeti Biztonsági Felügyelet |
||||||
Pf.: 2 |
||||||
HU-1352 Budapest |
||||||
|
MALTA
Ministry of Justice and Home Affairs |
||||||
P.O. Box 146 |
||||||
MT-Valletta |
||||||
|
NETHERLANDS
Ministerie van Binnenlandse Zaken en Koninkrijksrelaties |
||||||
Postbus 20010 |
||||||
2500 EA Den Haag |
||||||
Nederland |
||||||
|
Ministerie van Defensie |
||||||
Beveiligingsautoriteit (BA) |
||||||
Postbus 20701 |
||||||
2500 ES Den Haag |
||||||
Nederland |
||||||
|
AUSTRIA
Informationssicherheitskommission |
||||||
Bundeskanzleramt |
||||||
Ballhausplatz 2 |
||||||
A-1014 Wien |
||||||
|
POLAND
Wojskowe Służby Informacyjne (Military Information Services |
||||||
National Security Authority – Military Sphere) |
||||||
PL-00-909 Warszawa 60 |
||||||
|
Agencja Bezpieczeństwa Wewnętrznego – ABW (Internal Security Agency |
||||||
National Security Authority – Civilian Sphere |
||||||
Department for the Protection of Classified Information) |
||||||
ul. Rakowiecka 2A |
||||||
PL-00-993 Warszawa |
||||||
|
PORTUGAL
Presidência do Conselho de Ministros |
||||||
Autoridade Nacional de Segurança |
||||||
Avenida Ilha da Madeira, 1 |
||||||
P-1400-204 Lisboa |
||||||
|
SLOVENIA
Office of the Government of the Republic of Slovenia |
||||
For the Protection of Classified Information – NSA |
||||
Slovenska cesta 5 |
||||
SI-1000 Ljubljana |
||||
|
SLOVAKIA
Národný bezpečnostný úrad |
||||||
(National Security Authority) |
||||||
Budatínska 30 |
||||||
SK-851 05 Bratislava |
||||||
|
FINLAND
Ulkoasiainministeriö/Utrikesministeriet |
||||||
Alivaltiosihteeri (Hallinto)/Understatssekreteraren (Administration) |
||||||
Laivastokatu 22/Maringatan 22 |
||||||
PL/PB 176 |
||||||
FIN-00161 Helsinki/Helsingfors |
||||||
|
SWEDEN
Utrikesdepartementet |
||||||
SSSB |
||||||
S-103 39 Stockholm |
||||||
|
UNITED KINGDOM
UK National Security Authority |
||||
PO Box 49359 |
||||
London, SW1P 1LU |
||||
United Kingdom |
||||
|
‘Appendix 2
Comparison of security classifications
EU and EU Member States classification |
TRÈS SECRET UE/EU TOP SECRET |
SECRET UE |
CONFIDENTIEL UE |
RESTREINT UE |
Euratom |
Eura — Top Secret |
Eura — Secret |
Eura — Confidential |
Eura — Restricted |
Belgium |
Très Secret |
Secret |
Confidentiel |
Diffusion restreinte |
Zeer geheim |
Geheim |
Vertrouwelijk |
Beperkte verspreiding |
|
Czech Republic |
Přísně tajné |
Tajné |
Důvěrné |
Vyhrazené |
Denmark |
Yderst hemmeligt |
Hemmeligt |
Fortroligt |
Til tjenestebrug |
Germany |
Streng geheim |
Geheim |
VS (1) — Vertraulich |
VS — Nur für den Dienstgebrauch |
Estonia |
Täiesti salajane |
Salajane |
Konfidentsiaalne |
Piiratud |
Greece |
Άκρως Απόρρητο |
Απόρρητο |
Εμπιστευτικό |
Περιορισμένης Χρήσης |
Abr: ΑΑΠ |
Abr: (ΑΠ) |
Αbr: (ΕΜ) |
Abr: (ΠΧ) |
|
Spain |
Secreto |
Reservado |
Confidencial |
Difusión Limitada |
France |
Très Secret Défense (2) |
Secret Défense |
Confidentiel Défense |
nota (3) |
Ireland |
Top Secret |
Secret |
Confidential |
Restricted |
Italy |
Segretissimo |
Segreto |
Riservatissimo |
Riservato |
Cyprus |
Άκρως Απόρρητο |
Απόρρητο |
Εμπιστευτικό |
Περιορισμένης Χρήσης |
Latvia |
Sevišķi slepeni |
Slepeni |
Konfidenciāli |
Dienesta vajadzībām |
Lithuania |
Visiškai slaptai |
Slaptai |
Konfidencialiai |
Riboto naudojimo |
Luxembourg |
Très Secret |
Secret |
Confidentiel |
Diffusion restreinte |
Hungary |
Szigorúan titkos! |
Titkos! |
Bizalmas! |
Korlátozott terjesztésű! |
Malta |
L-Ghola Segretezza |
Sigriet |
Kunfidenzjali |
Ristrett |
Netherlands |
Zeer geheim |
Geheim |
Confidentieel |
Vertrouwelijk |
Austria |
Streng Geheim |
Geheim |
Vertraulich |
Eingeschränkt |
Poland |
Ściśle Tajne |
Tajne |
Poufne |
Zastrzeżone |
Portugal |
Muito Secreto |
Secreto |
Confidencial |
Reservado |
Slovenia |
Strogo tajno |
Tajno |
Zaupno |
Interno |
Slovakia |
Prísne tajné |
Tajné |
Dôverné |
Vyhradené |
Finland |
Erittäin salainen |
Erittäin salainen |
Salainen |
Luottamuksellinen |
Sweden |
Kvalificerat hemlig |
Hemlig |
Hemlig |
Hemlig |
United Kingdom |
Top Secret |
Secret |
Confidential |
Restricted |
International Organisations classification |
TRÈS SECRET UE/EU TOP SECRET |
SECRET UE |
CONFIDENTIEL UE |
RESTREINT UE |
NATO |
COSMIC TOP SECRET |
NATO SECRET |
NATO CONFIDENTIAL |
NATO RESTRICTED |
WEU |
Focal Top Secret |
WEU Secret |
WEU Confidential |
WEU Restricted |
(1) Germany: VS = Verschlusssache.
(2) France: the classification “Très secret défense”, which covers governmental priority issues, may be changed only with the Prime Minister's authorisation.
(3) France does not use the classification category “DIFFUSION RESTREINTE” in its national system. France handles and protects documents bearing the marking “RESTREINT UE” according to its national laws and regulations in force, which are not less stringent than the provisions of the Council's security regulations.
Commission
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/37 |
COMMISSION DECISION
of 19 July 2005
amending Decision 2000/86/EC laying down special conditions governing imports of fishery products originating in China and repealing Decision 97/368/EC, as regards the competent authority and the model of health certificate
(notified under document number C(2005) 2751)
(Text with EEA relevance)
(2005/572/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1), and in particular Article 11 (1) thereof,
Whereas:
(1) |
In Commission Decision 2000/86/EC (2), the ‘State Administration for Entry/Exit Inspection and Quarantine (CIQ SA)’ is identified as the competent authority in China for verifying and certifying compliance of fishery and aquaculture products with Directive 91/493/EEC. |
(2) |
Following a restructuring of the Chinese administration, the competent authority has changed to the General Administration for Quality Supervision, Inspection and Quarantine (AQSIQ). |
(3) |
That new authority is capable of effectively verifying the application of the rules in force. |
(4) |
The AQSIQ has provided official assurances on compliance with the standards for health controls and monitoring of fishery and aquaculture products as set out in Directive 91/493/EEC and on the fulfilment of hygienic requirements equivalent to those laid down in that Directive. |
(5) |
Decision 2000/86/EC should therefore be amended accordingly. |
(6) |
It is appropriate for this Decision to be applied 45 days from the date of its publication in the Official Journal of the European Union thereby providing for the necessary transitional period. |
(7) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2000/86/EC is amended as follows:
1. |
Article 1 is replaced by the following: ‘Article 1 The General Administration for Quality Supervision, Inspection and Quarantine (AQSIQ) shall be the competent authority in China for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.’ |
2. |
Article 3(2) is replaced by the following: ‘2. Certificates must bear the name, capacity and signature of the representative of the AQSIQ and the latter’s official stamp in a colour different from that of other endorsements.’ |
3. |
Annex A is replaced by the text in the Annex to this Decision. |
Article 2
This Decision shall apply from 6 September 2005.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 19 July 2005.
For the Commission
Markos KYPRIANOU
Member of the Commission
(1) OJ L 268, 24.9.1991, p. 15. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).
(2) OJ L 26, 2.2.2000, p. 26. Decision as amended by Decision 2000/300/EC (OJ L 97, 19.4.2000, p. 15).
ANNEX
‘ANNEX A
HEALTH CERTIFICATE
for fishery products from China and intended for export to the European Community, excluding bivalve molluscs, echinoderms, tunicates and marine gastropods in whatever form
Text of image Text of image
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/41 |
COMMISSION DECISION
of 22 July 2005
amending Decision 2002/994/EC concerning certain protective measures with regard to the products of animal origin imported from China
(notified under document number C(2005) 2764)
(Text with EEA relevance)
(2005/573/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (1), and in particular Article 22(1) thereof,
Whereas:
(1) |
Following the detection of residues of veterinary medicines in certain products of animal origin imported from China, and the shortcomings identified during an inspection visit to that country as regards the regulation of veterinary medicines and the residue control system in live animals and animal products, the Commission adopted Decision 2002/69/EC (2). |
(2) |
Corrective measures were subsequently implemented by Chinese authorities and additional information and supplementary guarantees were provided. Along with favourable results of the checks carried out by the Commission services and Member States, these measures allowed amendments of Decision 2002/69/EC and the subsequent adoption of several measures to authorise the importation of products of animal origin from China. These amendments were consolidated in Commission Decision 2002/994/EC of 20 December 2002 concerning certain protective measures with regard to the products of animal origin imported from China (3), which has repealed Decision 2002/69/EC. |
(3) |
Results of the checks carried out by Member States on the products authorised for import since the application of Decision 2004/621/EC are generally favourable. This allows consideration of the authorisation of imports from China of petfood. In view of the negligible risk for consumers, it is appropriate to amend the Decision accordingly. |
(4) |
In order to improve legal clarity over the range of animal products which are prohibited for import from China, it is appropriate to clarify the text of Decision 2002/994/EC. |
(5) |
Decision 2002/994/EC should therefore be amended accordingly. |
(6) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2002/994/EC is amended as follows:
1. |
Articles 2 and 3 are replaced by the following: ‘Article 2 1. Member states shall prohibit the imports of products referred to in Article 1. 2. By derogation from paragraph 1, Member States shall authorise the imports of products listed in the Annex to this Decision in accordance with the specific animal and public health conditions applicable to the products concerned, and with Article 3 in the case of products listed in Part II of the Annex. Article 3 Member States shall authorise imports of consignments of products listed in Part II of the Annex accompanied by a declaration of the Chinese competent authority stating that each consignment has been subjected before dispatch to a chemical test in order to ensure that the products concerned do not present a danger to human health. This test must be carried out, in particular, with a view to detecting the presence of chloramphenicol and nitrofuran and its metabolites. The results of the analytical checks have to be included.’ |
2. |
The Annex is replaced by the text in the Annex to this Decision. |
Article 2
This Decision shall apply from 26 July 2005.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 22 July 2005.
For the Commission
Markos KYPRIANOU
Member of the Commission
(1) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1).
(2) OJ L 30, 31.1.2002, p. 50. Decision as last amended by Decision 2002/933/EC (OJ L 324, 29.11.2002, p. 71).
(3) OJ L 348, 21.12.2002, p. 154. Decision as last amended by Decision 2004/621/EC (OJ L 279, 28.8.2004, p. 44).
ANNEX
‘ANNEX
PART I
List of products of animal origin intended for human consumption or animal feed use authorised to be imported into the Community without the attestation provided by Article 3
— |
Fishery products, except:
|
— |
gelatine, |
— |
petfood as regulated under Regulation (EC) No 1774/2002 of the European Parliament and of the Council (1). |
PART II
List of products of animal origin intended for human consumption or animal feed use authorised to be imported into the Community, subject to be accompanied of the attestation provided by Article 3
— |
Aquaculture fishery products, |
— |
peeled and/or processed shrimps, |
— |
crayfish of the species Procambrus clarkii caught in natural fresh waters by fishing operations, |
— |
casings, |
— |
rabbit meat, |
— |
honey, |
— |
royal jelly. |
Acts adopted under Title V of the Treaty on European Union
23.7.2005 |
EN |
Official Journal of the European Union |
L 193/44 |
COUNCIL JOINT ACTION 2005/574/CFSP
of 18 July 2005
on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 14 thereof,
Whereas:
(1) |
On 12 December 2003, the European Council adopted the EU Strategy against the Proliferation of Weapons of Mass Destruction, which contains, in its Chapter III, a list of measures to combat such proliferation and which need to be taken both within the EU and in third countries. |
(2) |
The EU is actively implementing this Strategy and is giving effect to the measures listed in its Chapter III, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the International Atomic Energy Agency (IAEA). |
(3) |
On 17 November 2003, the Council adopted Common Position 2003/805/CFSP on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery (1). |
(4) |
On 17 May 2004, the Council adopted Joint Action 2004/495/CFSP on support for IAEA activities under its Nuclear Security Programme and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (2). |
(5) |
Since, as far as the EU is concerned, the Council adopted on 22 December 2003 Directive 2003/122/Euratom (3) on the control of high activity sealed radioactive sources and orphan sources, the strengthening of the control of high activity radioactive sources in all third countries, in accordance with the G-8 statement and Action Plan on securing radioactive sources, remains an important objective to be pursued. |
(6) |
The universalisation of the IAEA Additional Protocol (4) contributes to the strengthening of verification capabilities and the IAEA’s safeguards system. |
(7) |
The IAEA pursues the same objectives as set out in Recitals 5 and 6. This is done in the context of the revised Code of Conduct on the Safety and Security of Radioactive Sources which was approved by the IAEA Board of Governors in September 2003 and the implementation of its Nuclear Security Plan which is financed through voluntary contributions to its Nuclear Security Fund. The IAEA is also engaged in efforts to strengthen the Convention on the Physical Protection of Nuclear Material and to promote the conclusion and implementation of the IAEA Additional Protocol. |
(8) |
The Commission has accepted to be entrusted with the supervision of the proper implementation of the EU contribution, |
HAS ADOPTED THIS JOINT ACTION:
Article 1
1. For the purposes of giving immediate and practical implementation to some elements of the EU Strategy against the Proliferation of Weapons of Mass Destruction, the EU shall support the IAEA activities in the areas of nuclear security and verification in order to further the following objectives:
— |
to enhance the protection of proliferation-sensitive materials and equipment and the relevant expertise, |
— |
to strengthen the detection of and response to illicit trafficking of nuclear materials and radioactive substances, |
— |
to work towards the reinforcement of the IAEA’s safeguards and, in particular, the universalisation of the IAEA Additional Protocol. |
2. The projects of the IAEA, corresponding to measures of the EU Strategy, are the projects which aim at:
— |
assisting States in strengthening Physical Protection of Nuclear Materials and other Radioactive Materials in Use, Storage and Transport, and of Nuclear Facilities, |
— |
assisting States in strengthening Security of Radioactive Materials in non-Nuclear Applications, |
— |
strengthening States’ capabilities for Detection and Response to Illicit Trafficking, |
— |
assisting States in drafting the necessary legislative measures for the implementation of the IAEA Additional Protocol. |
These projects will be carried out in countries needing assistance in these areas.
A detailed description of the projects is set out in the Annex.
Article 2
1. The financial reference amount for the implementation of the four projects referred to in Article 1(2) is EUR 3 914 000.
2. The management of the expenditure financed by the general budget of the European Union specified in paragraph 1 shall be subject to the procedures and rules of the Community applying to budget matters with the exception that any pre-financing shall not remain the property of the Community.
3. For the purpose of implementing the projects referred to in Article 1(2), the Commission shall conclude a financial framework agreement with the IAEA on the conditions for the use of the EU contribution, which will take the form of a grant. A specific financing agreement to be concluded shall stipulate that the IAEA shall ensure visibility of the EU contribution, appropriate to its size.
4. The Commission shall supervise the proper implementation of the EU contribution referred to in this Article. To this end, the Commission shall be entrusted with the task of controlling and evaluating the financial aspects of the implementation of this Joint Action as referred to in this Article.
Article 3
The Presidency, assisted by the Secretary General of the Council/High Representative for the CFSP, shall be responsible for the implementation of this Joint Action, in full association with the Commission, and shall report to the Council on its implementation.
Article 4
The Council and the Commission shall ensure, within their respective powers, consistency between the implementation of this Joint Action and external activities of the Community in accordance with the second subparagraph of Article 3 of the Treaty. The Council and the Commission shall cooperate to this end.
Article 5
This Joint Action shall enter into force on the day of its adoption.
It shall expire 15 months after its adoption.
Article 6
This Joint Action shall be published in the Official Journal of the European Union.
Done at Brussels, 18 July 2005.
For the Council
The President
J. STRAW
(1) OJ L 302, 20.11.2003, p. 34.
(2) OJ L 182, 19.5.2004, p. 46.
(3) OJ L 346, 31.12.2003, p. 57.
(4) Model Protocol Additional to the Agreement(s) between State(s) and the International Atomic Energy Agency for the Application of Safeguards, which was approved by the IAEA Board of Governors in 1997 (INFCIRC/540 (Corr.)).
ANNEX
EU support for the IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
1. Description
The Board of Governors of the International Atomic Energy Agency (IAEA) approved, in March 2002, a plan of activities to protect against nuclear terrorism (GOV/2002/10). Furthermore, the document: ‘Measures to Strengthen International Cooperation in Nuclear, Radiation, Transport Safety and Waste Management: Promoting Effective and Sustainable National Regulatory Infrastructure for the Control of Radiation Sources’ (GOV/2004/52-GC(48)/15) includes parts that are relevant to the IAEA-EU cooperation under the EU Strategy against the Proliferation of Weapons of Mass Destruction. This provides a comprehensive approach to nuclear security, including the regulatory controls, accountability and protection of nuclear and other radioactive materials in use, storage and transport, ‘from cradle to grave’, in the short term as well as in the long term. However, if protection should fail, or in the case of material that is not yet subject to protection at its location, measures must be established to detect theft or attempts to smuggle the material.
International safeguards, as implemented by the IAEA, represent a key means of verifying the fulfilment by states of commitments not to use nuclear material or technology to develop nuclear weapons or other nuclear explosive devices. Conclusion of a comprehensive safeguards agreement (1) and an additional protocol thereto (2) is an important commitment by a state with respect to the security and control of nuclear material and nuclear-related material and activities within its territory, under its jurisdiction or carried out under its control anywhere. In this respect, it is of utmost importance that the required national implementing legislation is in place in order to enable authorised governmental entities to exercise the necessary regulatory functions and to govern the conduct of any person engaged in regulated activities.
Support for these efforts is in high demand in all IAEA Member States as well as in states which are not yet members of the IAEA. However, the projects related to strengthening nuclear security are primarily focused upon countries in south-eastern Europe: Bulgaria, Turkey, Albania, Bosnia and Herzegovina, Croatia, Serbia and Montenegro, the Former Yugoslav Republic of Macedonia, Moldova and Romania, in the Central Asia region: Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan and Turkmenistan, in the Caucasus region: Armenia, Azerbaijan and Georgia, in Northern Africa: Morocco, Algeria, Tunisia, Libya and Egypt, and in the Mediterranean region and in the Middle East: Lebanon, Syria, Israel and Jordan. The activities under the project dealing with assistance in the development of national legislation related to the safeguards agreement and additional protocol (Project 4), will be implemented in the countries identified as a result of the political priorities set by the EU.
Initially, needs for improved nuclear security will be evaluated in the new countries coming under this Joint Action in order to identify priorities for support. For that purpose, a team of recognised experts will evaluate the present status of nuclear security measures already in place in these countries and give recommendations on improvements. The recommendations will constitute a platform for the definition of subsequent assistance, covering present status and need for improvement as regards prevention, detection of and response to malicious acts involving nuclear and other radioactive materials, including those in non-nuclear use, and of nuclear facilities.
As a result of this evaluation, priorities will be set in identifying a maximum number of countries for each project to be covered by the budget made available through EU support.
Subsequently, projects will be implemented in the selected countries in four fields:
1. Strengthening the Physical Protection of Nuclear Materials and other Radioactive Materials in Use, Storage and Transport and of Nuclear Facilities
The materials used or stored at nuclear facilities and locations must be adequately accounted for and protected in order to prevent theft or sabotage. An effective regulatory system should identify those elements requiring implementation at the level of the State and of the operator respectively.
A maximum of six countries will be selected for Project 1.
2. Strengthening of Security of Radioactive Materials in Non-Nuclear Applications
This project includes two different activity areas, one dealing with establishing/upgrading regulatory infrastructure and one dealing with dismantling and disposal of disused sources.
Radioactive materials are often used in non-nuclear applications, e.g. in medical or industrial use. Some of these sources are highly radioactive, and belong to categories 1 to 3, as defined in the IAEA document ‘Categorisation of Radioactive Sources’. These sources, if not adequately under regulatory control and protected, may come into the wrong hands and be used in malicious activities. The radiation safety and security of radioactive sources as well as regulatory infrastructure must be effective and must function adequately in accordance with the international standards, the guidelines of the Code of Conduct on the Safety and Security of Radioactive Sources and the best practices. A maximum of six countries will be selected for this activity area of Project 2.
It is of vital importance that powerful and vulnerable sources are physically protected against malicious acts when used or stored, and when no longer required, they should be dismantled and disposed of as radioactive waste in a safe and secure storage. A maximum of six countries will be selected for this activity area of Project 2.
3. Strengthening of States’ Capabilities for Detection and Response to Illicit Trafficking
Illicit trafficking is a situation which relates to the unauthorised receipt, provision, use, transfer or disposal of nuclear material and other radioactive materials, whether intentional or unintentional and with or without crossing international borders.
A terrorist-made, crude nuclear explosive device or a radiological dispersal device cannot be constructed without the material having been acquired as a result of illicit trafficking. In addition, sensitive equipment and technology to produce sensitive material for or to construct a crude nuclear explosive device may also have been acquired via illicit trafficking. It may be assumed that cross-border movement of material or technology is necessary for the material to reach its end destination. To combat illicit trafficking, states thus require the necessary regulatory systems to be in place, as well as technical systems (including user-friendly instruments) and available procedures and information at the border stations for detecting attempts at smuggling radioactive materials (including fissile, radioactive materials), or unauthorised trade with sensitive equipment and technology.
Effective measures must also be in place to respond to such acts and also to seizures of any radioactive materials. Law enforcement staff (customs, police, etc.) is frequently not trained in the use of detection equipment, and thus the sensitive equipment and technology may be unfamiliar. Training of this staff is therefore critical to the success of any measures put in place for detection of illicit trafficking. Different training should be offered to staff of different categories, both in using detection instruments and in understanding the reading of the instrument, to be able to decide on follow-up activities.
4. Legislative Assistance for the Implementation of States’ Obligations under IAEA Safeguards Agreements and Additional Protocols
The conclusion of safeguards agreements and additional protocols with the IAEA is an effective measure that promotes stringent national and international control of nuclear material and related technologies. While there are some key commitments and elements that states are obliged to implement in national legislation with respect to safeguards, which are relevant to the security and control of nuclear material and nuclear-related material and activities, there are also other additional commitments that states are required to enact to enable them to comply with their international commitments under safeguards. In this respect national implementing legislation should actually provide a framework of principles and general provisions that enables authorised governmental entities to exercise the necessary regulatory functions and that regulates the conduct of any person engaged in regulated activities.
It is important that national implementing legislation clearly identify the nuclear activities, installations, facilities and material to which safeguards will be applied. In addition, states that have concluded an additional protocol need to ensure that their national implementing legislation has been enhanced to enable the state concerned to comply with the additional obligations under the additional protocol. In particular, the state’s domestic legislation should be revised to expand the responsibilities and powers of the regulatory body, designated for the purposes of implementing and applying the safeguards agreements concluded.
The beneficiaries of the project will be the selected target countries.
2. Objectives
Overall objective: To strengthen nuclear security in selected countries.
2.1. Evaluation Phase: Financing International Nuclear Security Missions
Evaluation will be carried out by the IAEA to identify needs to strengthen the nuclear security in each of those countries mentioned in point 1, in which such evaluation has not been completed. The evaluation will cover, as appropriate, physical protection and security of nuclear and non-nuclear applications, the necessary regulatory infrastructure for radiation safety and security of radioactive sources, as well as established measures to combat illicit trafficking. The results of the overall evaluation will be used as a basis in selecting the countries in which the projects will be implemented.
The projects, as part of the broad-based nuclear security mission referred to above, will:
— |
evaluate, in each country, the status of physical protection of nuclear and other radioactive materials, and the protection of any nuclear or research installation or location in which these materials are used or stored, and identify a subset of facilities and locations containing these materials to be selected for subsequent upgrading and support, |
— |
evaluate, in each country, any needs with respect to the upgrading of the security of radioactive sources, identify any weaknesses and shortcomings in implementing international standards and the Code of Conduct requiring improvement of regulatory infrastructure, and identify the need to provide additional protection of powerful, vulnerable sources. The specific equipment needed to provide protection would also be determined as a result of the evaluation, |
— |
evaluate, in each country, the current status of the capability to combat illicit trafficking and identify needs for the required improvements. |
2.2. Implementation of specific actions defined as priorities as a result of the evaluation phase
Project 1
Strengthening Physical Protection of Nuclear Materials and other Radioactive Materials in Use, Storage and Transport and in Nuclear Facilities
Project purpose: to strengthen physical protection of nuclear and other radioactive materials in the selected countries.
Project results:
— |
physical protection of selected facilities and priority locations upgraded, |
— |
national regulatory infrastructure for physical protection improved through expert assistance, |
— |
staff training provided in the selected countries. |
Project 2
Strengthening of Security of Radioactive Materials in Non-Nuclear Applications
Project purpose: to strengthen the security of radioactive materials in non-nuclear applications in the selected countries.
Project results:
— |
establishment/upgrading of the national regulatory infrastructure for radiation safety and security of radioactive sources through the provision of the Radiation Safety, and Security of Radioactive Sources, Infrastructure Appraisal (RaSSIA), advisory services, equipment and training, in accordance with the international standards, the guidelines of the Code of Conduct on the Safety and Security of Radioactive Sources and the best practices, |
— |
vulnerable sources protected or, as appropriate, dismantled or disposed in selected countries. |
Project 3
Strengthening of States’ Capabilities for Detection and Response to Illicit Trafficking
Project purpose: to strengthen the States’ capacities for detection of and response to illicit trafficking in the selected countries.
Project results:
— |
enhanced information collected and evaluated on illicit nuclear trafficking, from open sources and from states’ points of contact, to improve the knowledge about and circumstances of illicit nuclear trafficking. This information will also facilitate the prioritisation of the various activities undertaken to combat illicit trafficking, |
— |
national frameworks established through expert assistance, to combat illicit trafficking and to improve the national coordination of control cross-border movements of radioactive materials, sensitive nuclear equipment and technology in the selected countries, |
— |
border monitoring equipment upgraded at selected border crossings, |
— |
training provided for law enforcement staff. |
Project 4
Legislative Assistance for the Implementation of States’ Obligations under IAEA Safeguards Agreements and Additional Protocols
Project purpose: to strengthen national legislative frameworks for the implementation of safeguards agreements and additional protocols concluded between states and the IAEA.
The project consists of two phases, namely a preparatory phase and an implementation phase:
— |
the preparatory phase consists of the identification of states that have not adopted the necessary implementing legislation pursuant to safeguards agreements and additional protocols concluded with the IAEA. This identification will be carried out by the EU. In addition, it includes the development of generic materials (i.e. ‘legislative building blocks’), derived from examples of existing national legislation of various states, to be used as a basis for tailoring those examples to the respective national needs and conditions of the target countries, |
— |
the implementing phase consists of the provision of bilateral legislative assistance to target countries in the drafting and/or revision of national legislation, using the building blocks developed during the preparatory phase. |
Project results:
— |
Development and adoption in national languages of national legislation necessary to enable states to comply with their obligations under IAEA safeguards agreements and additional protocols. |
3. Duration
The evaluation will be performed within a period of three months after entering into force of the EU Contribution Agreement between the Commission and the IAEA. The four projects will be performed in parallel during the 12 subsequent months.
The total estimated duration for the implementation of this Joint Action is 15 months.
4. Beneficiaries
The beneficiaries are the countries where the assessment and the subsequent projects will be implemented. Their authorities will be helped to identify weak points and receive support to find solutions for them and increase security.
5. Implementing Entity
The IAEA will be entrusted with the implementation of the projects. The international nuclear security missions will be performed following the standard mode of operation for missions of the IAEA, which will be carried out by IAEA Member States’ experts. The implementation of the four projects will be done directly by the IAEA staff, IAEA Member States selected experts or contractors. In the case of contractors, the procurement of any goods, works or services by the IAEA in the context of this Joint Action shall be carried out in accordance with the applicable rules and procedures of the IAEA, as detailed in the EU Contribution Agreement with the IAEA.
6. Third Party Participants
The projects will be financed 100 % by this Joint Action. Experts of IAEA Member States may be considered as third party participants. They will work under the standard rules of operation for IAEA experts.
7. Estimated required means
The EU contribution will cover the evaluation and the implementation of the four projects as described in point 2.2. The estimated costs are as follows:
Nuclear security evaluation, including missions |
EUR 140 000 |
Project 1 |
EUR 1 100 000 |
Project 2 |
EUR 1 250 000 |
Project 3 |
EUR 1 114 000 |
Project 4 |
EUR 200 000 |
In addition, a contingency reserve of about 3 % of eligible costs (for a total amount of EUR 110 000) is included for unforeseen costs.
8. Financial reference amount to cover the cost of the project
The total cost of the project is EUR 3 914 000.
(1) The Structure and Content of Agreements Between the Agency and States Required in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, which was adopted by the IAEA Board of Governors in 1972 (INFCIRC/153 (Corr.)).
(2) Model Protocol Additional to the Agreement(s) between State(s) and the International Atomic Energy Agency for the Application of Safeguards, which was approved by the IAEA Board of Governors in 1997 (INFCIRC/540 (Corr.)).