ISSN 1977-0677 |
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Official Journal of the European Union |
L 446 |
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English edition |
Legislation |
Volume 64 |
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(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. |
II Non-legislative acts
REGULATIONS
14.12.2021 |
EN |
Official Journal of the European Union |
L 446/1 |
COUNCIL REGULATION (EU) 2021/2201
of 13 December 2021
amending Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision (CFSP) 2017/1775 of 28 September 2017 concerning restrictive measures in view of the situation in Mali (1),
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
(1) |
Council Regulation (EU) 2017/1770 (2) gives effect to Decision (CFSP) 2017/1775 and provides for the freezing of funds and economic resources of certain persons designated by the United Nations Security Council (the ‘Security Council’) or by the relevant United Nations Sanctions Committee as responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security, or stability of Mali. |
(2) |
Council Decision (CFSP) 2021/2208 (3) establishes criteria for Union autonomous listings. |
(3) |
Regulatory action at the Union level is therefore necessary to give effect to Decision (CFSP) 2021/2208, in particular with a view to ensuring uniform application by economic operators in all Member States. |
(4) |
Regulation (EU) 2017/1770 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) 2017/1770 is amended as follows:
(1) |
Article 2 is replaced by the following: ‘Article 2 1. All funds and economic resources belonging to, owned, held or controlled, directly or indirectly, by any natural or legal person, entity or body listed in Annex I or Annex Ia, shall be frozen. 2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies listed in Annex I or Annex Ia.’; |
(2) |
The following articles are inserted after Article 2: ‘Article 2a 1. Annex I shall include natural and legal persons, entities and bodies identified by the Security Council or by the Sanctions Committee as:
2. Annex I shall include the grounds for the listing of the persons, entities and bodies concerned. 3. Annex I shall also include, where available, information necessary to identify the natural or legal persons, entities and bodies concerned. With regard to natural persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to legal persons, entities and bodies, such information may include names, place and date of registration, registration number and place of business. Article 2b 1. Annex Ia shall include the natural or legal persons, entities or bodies designated by the Council on any of the following grounds:
2. Annex Ia shall include the grounds for listing the persons and entities referred to therein. 3. Annex Ia shall also contain, where available, the information necessary to identify the persons or entities concerned. With regard to natural persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business.’; |
(3) |
In Article 3(1), point (a) is replaced by the following:
|
(4) |
In Article 3(1), point (c) is replaced by the following:
|
(5) |
In Article 3, paragraph 1, the last subparagraph is replaced by the following: ‘where the authorisation concerns a person, entity or body listed in Annex I and provided that the competent authority of the Member State concerned has notified the Sanctions Committee of that determination and its intention to grant an authorisation, and in the absence of a negative decision by the Sanctions Committee within 5 working days of such notification.’ |
(6) |
In Article 3, paragraphs 2, 3 and 4 are replaced by the following: ‘2. By way of derogation from Article 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are necessary for extraordinary expenses, provided that:
3. By way of derogation from Article 2, with regard to a natural or legal person, entity and body listed in Annex I, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, provided that the Sanctions Committee determined on a case-by-case basis that such a derogation would further the objectives of peace and national reconciliation in Mali and stability in the region. 4. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within 2 weeks of the authorisation.’; |
(7) |
The following articles are inserted after Article 3: ‘Article 3a 1. By way of derogation from Article 2, and with regard to a person, entity or body listed in Annex Ia, the competent authorities may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the provision of such funds or economic resources is necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations from Mali. 2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within 2 weeks of the authorisation. Article 3b 1. By way of derogation from Article 2, and with regard to a person, entity or body listed in Annex Ia, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation. 2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within 2 weeks of the authorisation.’; |
(8) |
Article 4 is replaced by the following: ‘Article 4 1. By way of derogation from Article 2, the competent authorities in the Member States may authorise the release of certain frozen funds or economic resources for natural or legal persons, entities or bodies listed in Annex I or Annex Ia, or the making available of certain funds or economic resources for natural or legal persons, entities or bodies listed in Annex I or Annex Ia, if the following conditions are met:
2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within 2 weeks of the authorisation.’; |
(9) |
Article 5 is replaced by the following: ‘Article 5 1. By way of derogation from Article 2(1) and provided that a payment by a natural or legal person, entity or body listed in Annex I or Annex Ia is due under a contract or agreement that was concluded by, or an obligation that arose for, the natural or legal person, entity or body concerned, before the date on which that natural or legal person, entity or body was included in Annex I or Annex Ia, the competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the competent authority concerned has determined that:
2. For a natural or legal person, entity or body listed in Annex I, the intention to grant an authorisation shall be notified by the relevant Member State to the Sanctions Committee 10 working days in advance. 3. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within 2 weeks of the authorisation.’; |
(10) |
In Article 6, paragraph 2 is replaced by the following: ‘2. Article 2(2) shall not apply to the addition to frozen accounts of:
provided that any such interest, other earnings and payments are frozen in accordance with Article 2.’; |
(11) |
Article 10(1), point (a) is replaced by the following:
|
(12) |
Article 12 is replaced by the following: ‘Article 12 1. Where the Security Council or the Sanctions Committee lists a natural or legal person, entity or body, the Council shall include such natural or legal person, entity or body in Annex I. 2. The Council shall establish and amend the list of natural or legal persons, entities or bodies in Annex Ia. 3. The Council shall communicate its decision to the natural or legal person, entity or body referred to in paragraphs 1 and 2, including the grounds for listing, either directly, if the address is known, or through the publication of a notice, providing that natural or legal person, entity or body with an opportunity to present observations. 4. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body accordingly. 5. Where the United Nations decides to delist a natural or legal person, entity or body, or to amend the identifying data of a listed natural or legal person, entity or body, the Council shall amend Annex I accordingly. 6. The list in Annex Ia shall be reviewed at regular intervals and at least every 12 months. 7. The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.’; |
(13) |
The following article is inserted after Article 13: ‘Article 13a 1. The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall process personal data in order to carry out their tasks under this Regulation. These tasks include:
2. The Council, the Commission and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions of such persons or to security measures concerning such persons, only to the extent that such processing is necessary for the preparation of Annex I and Ia. 3. For the purposes of this Regulation, the Council, the Commission service listed in Annex II to this Regulation and the High Representative are designated as ‘controller’ within the meaning of point (8) of Article 3 of Regulation (EU) 2018/1725 of the European Parliament amd of the Council (*1), in order to ensure that the natural persons concerned can exercise their rights under that Regulation. (*1) Regulation (EU) 2018/1725 of the European Parliament and the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).’;" |
(14) |
The title of Annex I is replaced by: ‘List of natural or legal persons, entities and bodies referred to in Article 2a’; |
(15) |
The following Annex is inserted after Annex I: ‘ANNEX Ia List of natural or legal persons, entities and bodies referred to in Article 2b |
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2021.
For the Council
The President
J. BORRELL FONTELLES
(1) OJ L 251, 29.9.2017, p. 23.
(2) Council Regulation (EU) 2017/1770 of 28 September 2017 concerning restrictive measures in view of the situation in Mali (OJ L 251, 29.9.2017, p. 1).
(3) Council Decision (CFSP) 2021/2208 of 13 December 2021 amending Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali (see page 44 of this Official Journal).
14.12.2021 |
EN |
Official Journal of the European Union |
L 446/8 |
COMMISSION REGULATION (EU) 2021/2202
of 9 December 2021
amending Annexes II, III and IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for acequinocyl, Bacillus subtilis strain IAB/BS03, emamectin, flutolanil and imazamox in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 5(1) and Article 14(1)(a) thereof,
Whereas:
(1) |
For flutolanil and imazamox, maximum residue levels (‘MRLs’) were set in Annex II to Regulation (EC) No 396/2005. For acequinocyl and emamectin, MRLs were set in Part A of Annex III to that Regulation. For Bacillus subtilis strain IAB/BS03, no specific MRLs were set nor was that substance included in Annex IV to that Regulation, so the default value of 0.01 mg/kg laid down in Article 18(1)(b) thereof applies. |
(2) |
In the context of a procedure for the authorisation of the use of a plant protection product containing the active substance acequinocyl on citrus fruits, an application was submitted in accordance with Article 6(1) of Regulation (EC) No 396/2005 for modification of the existing MRLs. |
(3) |
As regards emamectin, such an application was submitted for kiwi fruits and peaches. As regards flutolanil, such an application was submitted for beans (with pods) and globe artichokes. As regards imazamox, such an application was submitted for peas (with pods), soyabeans, maize/corn and rice. |
(4) |
In accordance with Article 8 of Regulation (EC) No 396/2005, those applications were evaluated by the Member States concerned and the evaluation reports were forwarded to the Commission. |
(5) |
The European Food Safety Authority (‘the Authority’) assessed the applications and the evaluation reports, examining in particular the risks to the consumer and, where relevant, to animals and gave reasoned opinions on the proposed MRLs (2). It forwarded those opinions to the applicants, the Commission and the Member States and made them available to the public. |
(6) |
As regards flutolanil, the applicant submitted information previously unavailable during the review conducted in accordance with Article 12 of Regulation (EC) No 396/2005. That information concerns residue trials, analytical methods, storage stability and metabolism in ruminants. |
(7) |
As regards imazamox, the applicant submitted such an information on residue trials, analytical methods and plant metabolism. |
(8) |
In the context of the approval of the active substance Bacillus subtilis strain IAB/BS03, an MRL application was included in the summary dossier in accordance with Article 8(1)(g) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (3). That application was evaluated by the Member State concerned in accordance with Article 11(2) of that Regulation. The Authority assessed the application and delivered a conclusion on the peer review of the pesticide risk assessment of the active substance (4). In that conclusion, the Authority could not conclude on the dietary risk assessment for consumers as some information was not available and further consideration by risk managers was required. Such further consideration was reflected in the review report (5) which concluded that the organism is not pathogenic to humans and no toxins or toxic metabolites are expected to occur in food following the use of the active substance. In view of those conclusions, the Commission considers that Bacillus subtilis strain IAB/BS03 should be included in Annex IV to Regulation (EC) No 396/2005. |
(9) |
Based on the reasoned opinions and the conclusion of the Authority and taking into account the factors relevant to the matter under consideration, the respective modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
(10) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II, III and IV to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 2021.
For the Commission
The President
Ursula VON DER LEYEN
(2) EFSA scientific reports available online: http://www.efsa.europa.eu:
Reasoned opinion on the modification of the existing maximum residue levels for acequinocyl in citrus fruits. EFSA Journal 2019;17(8):5746.
Reasoned opinion on the modification of the existing maximum residue levels for emamectin in kiwi and peaches. EFSA Journal 2019;17(5):5710.
Reasoned opinion on the evaluation of confirmatory data following the Article 12 MRL review for flutolanil. EFSA Journal 2018;17(2):5593.
Reasoned opinion on the evaluation of confirmatory data following the Article 12 MRL review for imazamox. EFSA Journal 2019;17(2):5584.
(3) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
(4) Conclusion on the peer review of the pesticide risk assessment of the active substance Bacillus subtilis strain IAB/BS03. EFSA Journal 2018;16(6):5261.
(5) Review report for the active substance Bacillus subtilis strain IAB/BS03 (SANTE/10318/2019).
ANNEX
Annexes II, III and IV to Regulation (EC) No 396/2005 are amended as follows:
(1) |
In Annex II, the columns for flutolanil and imazamox are replaced by the following: ‘Pesticide residues and maximum residue levels (mg/kg)
|
(2) |
In Part A of Annex III, the columns for acequinocyl and emamectin are replaced by the following: ‘Pesticide residues and maximum residue levels (mg/kg)
|
(3) |
In Annex IV, the following entry is inserted in alphabetical order: ‘Bacillus subtilis strain IAB/BS03’. |
(*1) Indicates lower limit of analytical determination
(1) For the complete list of products of plant and animal origin to which MRL's apply, reference should be made to Annex I
(*2) Indicates lower limit of analytical determination
(2) For the complete list of products of plant and animal origin to which MRL's apply, reference should be made to Annex I
14.12.2021 |
EN |
Official Journal of the European Union |
L 446/32 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/2203
of 10 December 2021
amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,
Whereas:
(1) |
Annex IV to Regulation (EC) No 1210/2003 lists natural and legal persons, bodies or entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources and by a prohibition to make funds or economic resources available. |
(2) |
On 8 December 2021, the Sanctions Committee of the United Nations Security Council decided to remove two persons from the list of persons and entities to whom the freezing of funds and economic resources should apply. |
(3) |
Annex IV to Regulation (EC) No 1210/2003 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex IV to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 December 2021.
For the Commission,
On behalf of the President,
Director-General
Directorate-General for Financial Stability,
Financial Services and Capital Markets Union
ANNEX
In Annex IV to Council Regulation (EC) No 1210/2003, the following entries are deleted:
‘29. |
NAME: Mahmud Dhiyab Al-Ahmed. DATE OF BIRTH/PLACE OF BIRTH: 1953, Baghdad or Mosul. NATIONALITY: Iraq. UNSC RESOLUTION 1483 BASIS: Minister of Interior.’ |
‘34. |
NAME: Husam Muhammad Amin Al-Yassin. DATE OF BIRTH/PLACE OF BIRTH: 1953 or 1958, Tikrit. NATIONALITY: Iraq. UNSC RESOLUTION 1483 BASIS: Head, National Monitoring Directorate.’ |
14.12.2021 |
EN |
Official Journal of the European Union |
L 446/34 |
COMMISSION REGULATION (EU) 2021/2204
of 13 December 2021
amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), as regards carcinogenic, mutagenic or reproductive toxicant (CMR) substances
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 68(2) thereof,
Whereas:
(1) |
Entries 28, 29 and 30 of Annex XVII to Regulation (EC) No 1907/2006 prohibit the placing on the market and use, for supply to the general public, of substances that are classified as carcinogenic, mutagenic or reproductive toxicant (CMR), categories 1A or 1B, and listed in Appendices 1 to 6 to that Annex and of mixtures containing such substances above specified concentrations. |
(2) |
Substances classified as CMR are listed in Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (2). |
(3) |
Appendices 1 to 6 to Annex XVII to Regulation (EC) No 1907/2006, as last amended by Commission Regulation (EU) 2020/2096 (3), do not yet reflect the new classifications of substances as CMR under Regulation (EC) No 1272/2008, as amended by Commission Delegated Regulations (EU) 2020/1182 (4) and (EU) 2021/849 (5). It is therefore appropriate to add the newly classified CMR substances of categories 1A or 1B listed in Delegated Regulations (EU) 2020/1182 and (EU) 2021/849 to Appendices 2, 4 and 6 to Annex XVII to Regulation (EC) No 1907/2006. |
(4) |
The classification of substances listed in Delegated Regulation (EU) 2020/1182 will apply from 1 March 2022. The restriction introduced by this Regulation as regards substances classified as CMR category 1A or 1B by Delegated Regulation (EU) 2020/1182 should therefore apply from 1 March 2022. The date of application does not prevent operators from applying the restrictions related to the CMR substances category 1A or 1B classified under Delegated Regulation (EU) 2020/1182 earlier. |
(5) |
The classification of substances listed in Delegated Regulation (EU) 2021/849 will apply from 17 December 2022. The restriction introduced by this Regulation as regards substances classified as CMR category 1A or 1B by Delegated Regulation (EU) 2021/849 should therefore apply from 17 December 2022. The date of application does not prevent operators from applying the restrictions related to the CMR substances category 1A or 1B classified under Delegated Regulation (EU) 2021/849 earlier. |
(6) |
Regulation (EC) No 1907/2006 should therefore be amended accordingly. |
(7) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 133(1) of Regulation (EC) No 1907/2006, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex XVII to Regulation (EC) No 1907/2006 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Point (1) of the Annex shall apply as follows:
— |
rows concerning silicon carbide fibres (with diameter < 3 μm, length > 5 μm and aspect ratio ≥ 3:1), dibenzo[def,p]chrysene; dibenzo[a,l]pyrene, m-bis(2,3-epoxypropoxy)benzene; resorcinol diglycidyl ether, 2,2-bis(bromomethyl)propane-1,3-diol, sodium N-(hydroxymethyl)glycinate; [formaldehyde released from sodium N-(hydroxymethyl)glycinate], butanone oxime; ethyl methyl ketoxime; ethyl methyl ketone oxime and N-(hydroxymethyl)acrylamide; methylolacrylamide; [NMA] shall apply from 1 March 2022, |
— |
rows concerning tetrafluoroethylene, 1,4-dioxane and 7-oxa-3-oxiranylbicyclo[4.1.0]heptane; 1,2-epoxy-4-epoxyethylcyclohexane; 4-vinylcyclohexene diepoxide shall apply from 17 December 2022. |
Point (2) of the Annex shall apply from 1 March 2022.
Point (3) of the Annex shall apply as follows:
— |
rows concerning tris(2-methoxyethoxy)vinylsilane; 6-(2-methoxyethoxy)-6-vinyl-2,5,7,10-tetraoxa-6-silaundecane, dichlorodioctylstannane, dioctyltin dilaurate; [1] stannane, dioctyl-, bis(coco acyloxy) derivs. [2], ipconazole (ISO); (1RS,2SR,5RS;1RS,2SR,5SR)-2-(4-chlorobenzyl)-5-isopropyl-1-(1H-1,2,4-triazol-1-ylmethyl)cyclopentanol, bis(2-(2-methoxyethoxy)ethyl)ether; tetraglyme, 2-(4-tert-butylbenzyl)propionaldehyde, diisooctyl phthalate, 2-methoxyethyl acrylate, pyrithione zinc; (T-4)-bis[1-(hydroxy-.kappa.O)pyridine-2(1H)-thionato-.kappa.S]zinc, flurochloridone (ISO); 3-chloro-4-(chloromethyl)-1-[3-(trifluoromethyl)phenyl]pyrrolidin-2-one and bis(α,α-dimethylbenzyl) peroxide shall apply from 1 March 2022, |
— |
rows concerning mancozeb (ISO); manganese ethylenebis(dithiocarbamate) (polymeric) complex with zinc salt, 7-oxa-3-oxiranylbicyclo[4.1.0]heptane; 1,2-epoxy-4-epoxyethylcyclohexane; 4-vinylcyclohexene diepoxide, 6,6'-di-tert-butyl-2,2'-methylenedi-p-cresol; [DBMC], dimethomorph (ISO); (E,Z)-4-(3-(4-chlorophenyl)-3-(3,4-dimethoxyphenyl)acryloyl)morpholine, 1,2,4-triazole and 3-methylpyrazole shall apply from 17 December 2022. |
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 396, 30.12.2006, p. 1.
(2) Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
(3) Commission Regulation (EU) 2020/2096 of 15 December 2020 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), as regards carcinogenic, mutagenic or reproductive toxicant (CMR) substances, devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council, persistent organic pollutants, certain liquid substances or mixtures, nonylphenol and testing methods for azocolourants (OJ L 425, 16.12.2020, p. 3).
(4) Commission Delegated Regulation (EU) 2020/1182 of 19 May 2020 amending, for the purposes of its adaptation to technical and scientific progress, Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ L 261, 11.8.2020, p. 2).
(5) Commission Delegated Regulation (EU) 2021/849 of 11 March 2021 amending, for the purposes of its adaptation to technical and scientific progress, Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ L 188, 28.5.2021, p. 27).
ANNEX
Annex XVII is amended as follows:
(1) |
in Appendix 2, the following entries are inserted in the table in the order of the index numbers set out therein:
|
(2) |
in Appendix 4, the following entries are inserted in the table in the order of the index numbers set out therein:
|
(3) |
in Appendix 6, the following entries are inserted in the table in the order of the index numbers set out therein:
|
14.12.2021 |
EN |
Official Journal of the European Union |
L 446/38 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/2205
of 13 December 2021
amending Regulation (EC) No 847/2006 as regards the volume of certain prepared or preserved fish originating in Thailand that may be imported under tariff quota 09.0706
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2006/324/EC of 27 February 2006 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Thailand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union (1), and in particular Article 2 thereof,
Whereas:
(1) |
Commission Regulation (EC) No 847/2006 (2) establishes the administration of Community tariff quotas for certain prepared or preserved fish. The Agreement between the European Union and the Kingdom of Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union (3), lays down the quantity for certain tariff-rate quotas of the Union with regard to the volumes of products to be imported from Thailand. The Agreement entered into force on 20 July 2021. |
(2) |
The quantity for certain tariff-rate quotas of the Union as laid down in that Agreement for the volume of certain prepared or preserved fish should be reflected in Regulation (EC) No 847/2006. |
(3) |
Regulation (EC) No 847/2006 should therefore be amended accordingly. |
(4) |
Due to the urgent need to implement the Agreement, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. As the amendments introduced by this Regulation concern the tariff quota period that is ongoing on the date of its entry into force, it is necessary to lay down transitional provisions for that period. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendment to Regulation (EC) No 847/2006
Regulation (EC) No 847/2006 is amended as follows:
(1) |
in Article 1, paragraph 2 is replaced by the following: ‘2. An annual tariff quota of 1 054 tonnes with exemption of customs duties shall be opened for Union imports of prepared or preserved fish of sardines, bonito, mackerel of the species Scomber scombrus and Scomber japonicus, fish of the species Orcynopsis unicolor, other than whole or in pieces, falling within CN code 1604 20 50.’; |
(2) |
in Article 2, paragraph 2 is replaced by the following: ‘2. of the tariff quota of 1 054 tonnes in Article 1(2), 423 tonnes shall apply within order number 09.0706 to imports originating in Thailand, and the remaining part, notably 631 tonnes, shall apply within order number 09.0707 to imports originating in all third countries except the United Kingdom.’. |
Article 2
Transitional provisions for the ongoing tariff quota period
1. The volume available for the remainder of the tariff quota period that is ongoing on the date of entry into force of this Regulation shall be the difference between the quota volume as amended by this Regulation and the quota volume already allocated before the date of entry into force of this Regulation.
2. If upon the entry into force of this Regulation, the quota applicable on 13 December 2021 was exhausted, the new quota volume available shall be allocated to operators following the chronological order of the acceptance dates of their customs declarations for release for free circulation. Operators who imported their goods during the ongoing tariff quota period, but before the entry into force of this Regulation, without benefitting from the tariff quota shall be reimbursed, at their request and to the extent that the balance of the tariff quota so permits, the difference in duty already paid.
Article 3
Entry into force
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, 13 December 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 120, 5.5.2006, p. 17.
(2) Commission Regulation (EC) No 847/2006 of 8 June 2006 opening and providing for the administration of Community tariff quotas for certain prepared or preserved fish (OJ L 156, 9.6.2006, p. 8).
DECISIONS
14.12.2021 |
EN |
Official Journal of the European Union |
L 446/40 |
COUNCIL DECISION (EU) 2021/2206
of 9 December 2021
authorising the Member States to accept, in the interest of the European Union, the accession of Jamaica to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218(6), second subparagraph, point (b), thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy. |
(2) |
The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure the protection of rights of access and rights of custody. |
(3) |
The Brussels IIa Regulation complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among Contracting States and between central authorities and aims at ensuring the prompt return of wrongfully removed or retained children. |
(4) |
All Member States are party to the 1980 Hague Convention. |
(5) |
The Union encourages third States to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on Private International Law. |
(6) |
A common legal framework applicable between Member States and third States could be the best solution for sensitive cases of international child abduction. |
(7) |
The 1980 Hague Convention stipulates that it applies between the acceding State and such Contracting States as have declared their acceptance of the accession. |
(8) |
The 1980 Hague Convention does not allow regional economic integration organisations such as the Union to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding State. |
(9) |
According to Opinion 1/13 of the Court of Justice of the European Union (3), declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union. |
(10) |
Jamaica deposited its instrument of accession to the 1980 Hague Convention on 24 February 2017. The 1980 Hague Convention entered into force for Jamaica on 1 May 2017. |
(11) |
An assessment of the situation in Jamaica has led to the conclusion that the Member States are in a position to accept, in the interest of the Union, the accession of Jamaica under the terms of the 1980 Hague Convention. |
(12) |
The Member States should therefore be authorised to deposit their declarations of acceptance of the accession of Jamaica in the interest of the Union in accordance with the terms set out in this Decision. |
(13) |
Ireland is bound by the Brussels IIa Regulation and is therefore taking part in the adoption and application of this Decision. |
(14) |
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Member States are hereby authorised to accept the accession of Jamaica to the 1980 Hague Convention in the interest of the Union.
2. The Member States shall, no later than 10 December 2022, deposit a declaration of acceptance of the accession of Jamaica to the 1980 Hague Convention in the interest of the Union, to be worded as follows:
‘[Full name of MEMBER STATE] declares that it accepts the accession of Jamaica to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2021/2206’.
3. The Member States shall inform the Council and the Commission of the deposit of their declarations of acceptance of the accession of Jamaica and shall communicate the text of those declarations within two months of their deposit to the Commission.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 3
This Decision shall apply in accordance with the Treaties.
Done at Brussels, 9 December 2021.
For the Council
The President
A. HOJS
(1) Opinion of 25 November 2021 (not yet published in the Official Journal).
(2) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
(3) ECLI:EU:C:2014:2303.
14.12.2021 |
EN |
Official Journal of the European Union |
L 446/42 |
COUNCIL DECISION (EU) 2021/2207
of 9 December 2021
authorising the Member States to accept, in the interest of the European Union, the accession of Bolivia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218(6), second subparagraph, point (b), thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy. |
(2) |
The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure the protection of rights of access and rights of custody. |
(3) |
The Brussels IIa Regulation complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among Contracting States and between central authorities and aims at ensuring the prompt return of wrongfully removed or retained children. |
(4) |
All Member States are party to the 1980 Hague Convention. |
(5) |
The Union encourages third States to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on Private International Law. |
(6) |
A common legal framework applicable between Member States and third States could be the best solution for sensitive cases of international child abduction. |
(7) |
The 1980 Hague Convention stipulates that it applies between the acceding State and such Contracting States as have declared their acceptance of the accession. |
(8) |
The 1980 Hague Convention does not allow regional economic integration organisations such as the Union to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding State. |
(9) |
According to Opinion 1/13 of the Court of Justice of the European Union (3), declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union. |
(10) |
Bolivia deposited its instrument of accession to the 1980 Hague Convention on 13 July 2016. The 1980 Hague Convention entered into force for Bolivia on 1 October 2016. |
(11) |
An assessment of the situation in Bolivia has led to the conclusion that the Member States are in a position to accept, in the interest of the Union, the accession of Bolivia under the terms of the 1980 Hague Convention. |
(12) |
The Member States should therefore be authorised to deposit their declarations of acceptance of the accession of Bolivia in the interest of the Union in accordance with the terms set out in this Decision. |
(13) |
Ireland is bound by the Brussels IIa Regulation and is therefore taking part in the adoption and application of this Decision. |
(14) |
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
1. The Member States are hereby authorised to accept the accession of Bolivia to the 1980 Hague Convention in the interest of the Union.
2. The Member States shall, no later than 10 December 2022, deposit a declaration of acceptance of the accession of Bolivia to the 1980 Hague Convention in the interest of the Union, to be worded as follows:
‘[Full name of MEMBER STATE] declares that it accepts the accession of Bolivia to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2021/2207’.
3. The Member States shall inform the Council and the Commission of the deposit of their declarations of acceptance of the accession of Bolivia and shall communicate the text of those declarations within 2 months of their deposit to the Commission.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 3
This Decision shall apply in accordance with the Treaties.
Done at Brussels, 9 December 2021.
For the Council
The President
A. HOJS
(1) Opinion of 25 November 2021 (not yet published in the Official Journal).
(2) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).
(3) ECLI:EU:C:2014:2303.
14.12.2021 |
EN |
Official Journal of the European Union |
L 446/44 |
COUNCIL DECISION (CFSP) 2021/2208
of 13 December 2021
amending Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 28 September 2017, the Council adopted Decision (CFSP) 2017/1775 (1) concerning restrictive measures in view of the situation in Mali. |
(2) |
On 24 and 25 May 2021, the European Council adopted conclusions in which it strongly condemned the coup d’état which took place in Mali on 24 May 2021 with the detention of the President of the Transition of Mali and the Prime Minister and stated that the Union is ready to consider targeted measures against political and military leaders who obstruct the Malian transition. |
(3) |
On 26 May 2021, the Security Council of the United Nations noted with concern the risk of negative impact of the aforementioned events of 24 May 2021 on ongoing efforts to counter terrorism, implement the Agreement on Peace and Reconciliation in Mali (the ‘Agreement’) and stabilise the centre of Mali. |
(4) |
On 29 June 2021, the Security Council of the United Nations adopted Resolution 2584 (2021), in which it further condemned the events of 24 May 2021 and expressed significant impatience with the persistent delays in the implementation of the Agreement. It called on all Malian stakeholders to facilitate the full realisation of the political transition and handover of power to elected civilian authorities within the 18-month transition period, as decided during the 15 September 2020 meeting of the Economic Community of West African States (ECOWAS). It called on Mali’s Transitional Government to organise free and fair presidential and legislative elections, scheduled for 27 February 2022, along with regional and local elections and a constitutional referendum, as appropriate, within that 18-month time frame. |
(5) |
On 18 October 2021, the Council discussed the situation in Mali and indicated the possibility of considering restrictive measures, in support of efforts by ECOWAS, and in line with the conclusions adopted by the European Council in May, against those hindering the transition agenda. |
(6) |
On 7 November 2021, ECOWAS highly deplored the lack of progress made in the preparations for the elections, including the absence of a detailed timetable of activities for the conduct of elections on the agreed dates. It reiterated the need to adhere to the transition timetable in respect of the elections scheduled for 27 February 2022 and called on the Transition Authorities to act accordingly to ensure an expeditious return to constitutional order. It called on the International Community to take the necessary measures to ensure that the Transition Authorities respect their commitment to an expeditious return to constitutional order. It decided to impose sanctions with immediate effect against identified individuals and groups, including the entire Transition Authorities and the other Transition institutions. It called on bilateral and multilateral partners to endorse and support the implementation of these sanctions. |
(7) |
On 15 November 2021, the Council agreed to establish a dedicated framework for restrictive measures in view of the situation in Mali, supporting the decision taken by ECOWAS on 7 November 2021. |
(8) |
Decision (CFSP) 2017/1775 should therefore be amended accordingly. |
(9) |
Further action by the Union is needed in order to implement certain measures, |
HAS ADOPTED THIS DECISION:
Article 1
Decision (CFSP) 2017/1775 is amended as follows:
(1) |
in Article 1, in paragraphs 1 and 5, ‘the Annex’ is replaced by ‘Annex I’; |
(2) |
the following Article is inserted after Article 1: ‘Article 1a 1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of natural persons:
The designated persons referred to in this paragraph are listed in Annex II. 2. Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory. 3. Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:
4. Paragraph 3 shall also apply in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE). 5. The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4. 6. Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings or meetings promoted or hosted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures. 7. Member States may also grant exemptions from the measures imposed under paragraph 1 where entry or transit is necessary for the fulfilment of a judicial process. 8. A Member State wishing to grant exemptions referred to in paragraphs 6 or 7 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more Member States raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more Member States raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption. 9. Where, pursuant to paragraphs 3, 4, 6 or 7, a Member State authorises the entry into, or transit through its territory of persons listed in Annex II, the authorisation shall be strictly limited to the purpose for which it is given and to the persons directly concerned thereby.’; |
(3) |
in Article 2, in paragraphs 1, 2, and 4(b), ‘the Annex’ is replaced by ‘Annex I’; |
(4) |
the following Article is inserted after Article 2: ‘Article 2a 1. All funds and economic resources owned or controlled directly or indirectly by natural or legal persons, entities or bodies:
shall be frozen. The designated natural or legal persons, entities or bodies referred to in this paragraph are listed in Annex II. 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 II. 3. By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of the authorisation. 4. By way of derogation from paragraph 1, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, provided that the following conditions are met:
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of the authorisation. 5. Paragraph 1 shall not prevent a natural or legal person, entity or body listed in Annex II from making a payment due under a contract or agreement entered into, or an obligation that arose, prior to the date on which such natural or legal person, entity or body was listed therein, provided that the Member State concerned has determined that the payment is not, directly or indirectly, received by a natural or legal person, entity or body referred to in paragraph 1. 6. Paragraph 2 shall not apply to the addition to frozen accounts of:
provided that any such interest, other earnings and payments remain subject to the measures provided for in paragraph 1. 7. By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the provision of such funds or economic resources is necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations from Mali. The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this Article within two weeks of the authorisation.’; |
(5) |
Article 3 is replaced by the following: ‘Article 3 1. The Council shall establish the list in Annex I and shall amend it in accordance with determinations made by the Security Council or by the Sanctions Committee. 2. The Council, acting by unanimity upon a proposal from a Member State or from the High Representative of the Union for Foreign Affairs and Security Policy (the “High Representative”), shall establish and amend the list in Annex II.’; |
(6) |
Article 4 is replaced by the following: ‘Article 4 1. Where the Security Council or the Sanctions Committee designates a person or entity, the Council shall include that person or entity in Annex I. The Council shall communicate its decision, including the grounds for listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing that person or entity with an opportunity to present observations. 2. The Council shall communicate the decision referred to in Article 3(2), including the grounds for the listing, to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing that natural or legal person, entity or body with an opportunity to present observations. 3. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity concerned accordingly.’; |
(7) |
Article 5 is replaced by the following: ‘Article 5 1. Annex I shall include the grounds for listing the persons and entities as provided by the Security Council or the Sanctions Committee. 2. Annex I shall also include, where available, information provided by the Security Council or the Sanctions Committee necessary to identify the persons or entities concerned. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. 3. Annex II shall include the grounds for listing the natural and legal persons, entities and bodies referred to therein. 4. Annex II shall also include, where available, the information necessary to identify the natural or legal persons, entities or bodies concerned. With regard to natural persons, such information may include: names and aliases; date and place of birth; nationality; passport and identity card numbers; gender; address, if known; and function or profession. With regard to legal persons, entities or bodies, such information may include: names; place and date of registration; registration number; and place of business.’; |
(8) |
the following Articles are inserted after Article 5: ‘Article 5a 1. The Council and the High Representative shall process personal data in order to carry out their tasks under this Decision, in particular:
2. The Council and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, and to criminal convictions or security measures concerning such persons, only to the extent that such processing is necessary for the preparation of Annexes I and II. 3. For the purposes of this Decision, the Council and the High Representative are designated as “controller” within the meaning of Article 3, point (8) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (*1), in order to ensure that the natural persons concerned can exercise their rights under that Regulation. Article 5b No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, in particular a claim for extension or payment of a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
(*1) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39)." |
(9) |
Article 6 is replaced by the following: ‘Article 6 1. This Decision shall be amended or repealed as appropriate, in accordance with determinations made by the Security Council. 2. The measures referred to in Article 1a, paragraph 1, and Article 2a, paragraphs 1 and 2 shall apply until 14 December 2022 and shall be kept under constant review. They shall be renewed, or amended, as appropriate, if the Council deems that its objectives have not been met.’; |
(10) |
the Annex is amended as set out in the Annex to this Decision. |
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 13 December 2021.
For the Council
The President
J. BORRELL FONTELLES
(1) Council Decision (CFSP) 2017/1775 of 28 September 2017 concerning restrictive measures in view of the situation in Mali (OJ L 251, 29.9.2017, p. 23).
ANNEX
1. |
The Annex to Decision (CFSP) 2017/1775 is renamed Annex I. |
2. |
An Annex II is added, with the following sections: ‘ANNEX II
|