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Document L:2011:220:FULL
Official Journal of the European Union, L 220, 26 August 2011
Official Journal of the European Union, L 220, 26 August 2011
Official Journal of the European Union, L 220, 26 August 2011
Display all documents published in this Official Journal
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ISSN 1725-2555 doi:10.3000/17252555.L_2011.220.eng |
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Official Journal of the European Union |
L 220 |
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English edition |
Legislation |
Volume 54 |
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(1) Text with EEA relevance |
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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
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26.8.2011 |
EN |
Official Journal of the European Union |
L 220/1 |
COMMISSION REGULATION (EU) No 855/2011
of 23 August 2011
establishing a prohibition of fishing for skates and rays in EU waters of IIa and IV by vessels flying the flag of the Netherlands
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
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(1) |
Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011. |
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(2) |
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011. |
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(3) |
It is therefore necessary to prohibit fishing activities for that stock, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 August 2011.
For the Commission, On behalf of the President,
Lowri EVANS
Director-General for Maritime Affairs and Fisheries
ANNEX
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No |
33/T&Q |
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Member State |
The Netherlands |
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Stock |
SRX/2AC4-C |
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Species |
Skates and rays (Rajidae) |
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Zone |
EU waters of IIa and IV |
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Date |
18.7.2011 |
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26.8.2011 |
EN |
Official Journal of the European Union |
L 220/3 |
COMMISSION REGULATION (EU) No 856/2011
of 23 August 2011
establishing a prohibition of fishing for cod in VIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of the Netherlands
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
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(1) |
Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011. |
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(2) |
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011. |
|
(3) |
It is therefore necessary to prohibit fishing activities for that stock, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 August 2011.
For the Commission, On behalf of the President,
Lowri EVANS
Director-General for Maritime Affairs and Fisheries
ANNEX
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No |
34/T&Q |
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Member State |
The Netherlands |
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Stock |
COD/7XAD34 |
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Species |
Cod (Gadus morhua) |
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Zone |
VIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of CECAF 34.1.1 |
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Date |
18.7.2011 |
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26.8.2011 |
EN |
Official Journal of the European Union |
L 220/5 |
COMMISSION REGULATION (EU) No 857/2011
of 24 August 2011
establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
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(1) |
Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011. |
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(2) |
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011. |
|
(3) |
It is therefore necessary to prohibit fishing activities for that stock, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 August 2011.
For the Commission, On behalf of the President,
Lowri EVANS
Director-General for Maritime Affairs and Fisheries
ANNEX
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No |
28/T&Q |
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Member State |
Portugal |
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Stock |
ANF/8C3411 |
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Species |
Anglerfish (Lophiidae) |
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Zone |
VIIIc, IX and X; EU waters of CECAF 34.1.1 |
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Date |
10.6.2011 |
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26.8.2011 |
EN |
Official Journal of the European Union |
L 220/7 |
COMMISSION REGULATION (EU) No 858/2011
of 24 August 2011
establishing a prohibition of fishing for cod in VIId by vessels flying the flag of the Netherlands
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,
Whereas:
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(1) |
Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011. |
|
(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 2011. |
|
(3) |
It is therefore necessary to prohibit fishing activities for that stock, |
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 August 2011.
For the Commission, On behalf of the President,
Lowri EVANS
Director-General for Maritime Affairs and Fisheries
ANNEX
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No |
35/T&Q |
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Member State |
The Netherlands |
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Stock |
COD/07D. |
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Species |
Cod (Gadus morhua) |
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Zone |
VIId |
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Date |
18.7.2011 |
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26.8.2011 |
EN |
Official Journal of the European Union |
L 220/9 |
COMMISSION IMPLEMENTING REGULATION (EU) No 859/2011
of 25 August 2011
on amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security in respect of air cargo and mail
(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 300/2008 of the European Parliament and the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1) and in particular Article 4(3) thereof,
Whereas:
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(1) |
Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security (2) does not contain rules for cargo and mail being carried to Union airports from third countries. It is necessary to introduce such rules in order to protect civil aviation carrying such cargo from acts of unlawful interference. |
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(2) |
Regulation (EU) No 185/2010 should therefore be amended accordingly. |
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(3) |
When assessing aviation security in third countries, consideration will be given to cooperation and partnership agreements concluded between the Union or individual Member States and third countries that provide a basis for guaranteeing the proper implementation of aviation security standards. |
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(4) |
When concluding Air Transport Agreements with third countries, the Commission and Member States should work towards achieving enhanced cooperation on aviation security supporting the implementation and application of standards and principles in third countries equivalent to those of the Union where this is effective to meet global threat and risk. |
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(5) |
By July 2013 the Commission should, together with Member States and stakeholders, examine the practical consequences and feasibility of the implementation of independent validation for air carriers carrying cargo from third country airports into the EU and the regulated agents and known consignors from which they directly accept consignments, and make any adjustments to the system, including amendments to this Regulation, where necessary. |
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(6) |
Building on the International Civil Aviation Organisation (ICAO) contracting states’ responsibility to meet at least ICAO standards for cargo security, the Commission and the Member States should reach out to authorities in third countries to cooperate with and, where possible and requested, provide assistance with capacity building in relation to the implementation of requirements to secure air cargo and mail being carried into the EU. |
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(7) |
The Commission will coordinate and take an active part in Union action for facilitating the implementation of aviation security requirements in respect of operations into the Union from third country airports and provide non-EU bodies with access to relevant information on a strict need to know basis and on the condition that sufficient guarantees are in place. |
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(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security set up by Article 19(1) of Regulation (EC) No 300/2008, |
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EU) No 185/2010 is amended in accordance with the Annex to this Regulation.
Article 2
The Commission will assess and evaluate the application of the measures provided for in this Regulation and if appropriate make a proposal by 1 July 2015 at the latest.
The Commission will, at the latest by 31 December 2012, assess the likely impact of the requirements set out in this Regulation, in particular the independent validation requirements. The results shall be submitted to the Committee on Civil Aviation Security. Where appropriate, the Commission will propose adjustments to the requirements by 1 July 2013.
Article 3
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply as from 1 February 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 August 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX
The Annex to Regulation (EU) No 185/2010 is amended as follows:
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A. |
Point 6.1.2 is replaced by the following:
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B. |
Point 6.3.2.6(d) is replaced by the following:
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C. |
In Chapter 6, the following points are added: ‘6.7. HIGH RISK CARGO AND MAIL (HRCM) Provisions for high risk cargo and mail are laid down in a separate Commission Decision. 6.8. PROTECTION OF CARGO AND MAIL BEING CARRIED INTO THE UNION FROM THIRD COUNTRIES 6.8.1. Designation of air carriers
6.8.2. Security controls for cargo and mail arriving from a third country
6.8.3. Designation of third country regulated agents, known consignors and account consignors
6.8.4. Non-compliance
(*1) OJ L 107, 27.4.2011, p. 1." (*2) OJ L 219, 22.8.2009, p. 1." (*3) OJ L 275, 25.10.2003, p. 32, as amended by Directive 2008/101/EC (OJ L 8, 13.1.2009, p. 3).’ " |
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D. |
Attachment 6-F is replaced by the following: ‘ ATTACHMENT 6-F CARGO AND MAIL 6-Fi THIRD COUNTRIES RECOGNISED AS APPLYING SECURITY STANDARDS EQUIVALENT TO THE COMMON BASIC STANDARDS 6-Fii THIRD COUNTRIES FOR WHICH ACC3 DESIGNATION IS NOT REQUIRED Third countries for which ACC3 designation is not required are listed in a separate Commission Decision.’ |
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E. |
The following attachments are added: ‘ ATTACHMENT 6-G PROVISIONS RELATING TO THIRD COUNTRY CARGO AND MAIL The ACC3 security programme shall set out, as applicable and either for each third country airport individually or as a generic document specifying any variations at named third county airports:
ATTACHMENT 6-H DECLARATION OF COMMITMENTS — ACC3 I declare that,
I accept full responsibility for this declaration. Name: Position in company: Date: Signature: ATTACHMENT 6-I Provisions for high risk cargo are laid down in a separate Commission Decision. ATTACHMENT 6-J Provisions for the use of screening equipment are laid down in a separate Commission Decision.’ |
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F. |
In Chapter 11, the following point is added: 11.0.5. For the purposes of this Regulation, any of the following may act as an independent validator:
|
(*1) OJ L 107, 27.4.2011, p. 1.
(*2) OJ L 219, 22.8.2009, p. 1.
(*3) OJ L 275, 25.10.2003, p. 32, as amended by Directive 2008/101/EC (OJ L 8, 13.1.2009, p. 3).’ ’
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26.8.2011 |
EN |
Official Journal of the European Union |
L 220/16 |
COMMISSION IMPLEMENTING REGULATION (EU) No 860/2011
of 25 August 2011
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 26 August 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 August 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
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(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
|
0702 00 00 |
AR |
35,6 |
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EC |
29,1 |
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|
MK |
48,0 |
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ZA |
77,2 |
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ZZ |
47,5 |
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|
0707 00 05 |
TR |
124,2 |
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ZZ |
124,2 |
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|
0709 90 70 |
EC |
41,0 |
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TR |
133,6 |
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ZZ |
87,3 |
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|
0805 50 10 |
AR |
68,4 |
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BR |
41,3 |
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CL |
68,7 |
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TR |
66,0 |
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UY |
71,9 |
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ZA |
82,0 |
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ZZ |
66,4 |
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0806 10 10 |
EG |
142,2 |
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MA |
177,2 |
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TR |
129,8 |
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ZZ |
149,7 |
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0808 10 80 |
AR |
89,3 |
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BR |
56,6 |
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CL |
91,8 |
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CN |
68,3 |
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NZ |
112,8 |
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US |
135,7 |
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ZA |
84,9 |
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ZZ |
91,3 |
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0808 20 50 |
CN |
69,9 |
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TR |
148,9 |
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ZA |
107,7 |
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ZZ |
108,8 |
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0809 30 |
TR |
122,3 |
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ZZ |
122,3 |
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|
0809 40 05 |
BA |
43,7 |
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ZZ |
43,7 |
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(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.
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26.8.2011 |
EN |
Official Journal of the European Union |
L 220/18 |
COMMISSION IMPLEMENTING REGULATION (EU) No 861/2011
of 25 August 2011
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
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(1) |
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Implementing Regulation (EU) No 841/2011 (4). |
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(2) |
The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year, are hereby amended as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 26 August 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 August 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 178, 1.7.2006, p. 24.
ANNEX
Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 26 August 2011
|
(EUR) |
||
|
CN code |
Representative price per 100 kg net of the product concerned |
Additional duty per 100 kg net of the product concerned |
|
1701 11 10 (1) |
48,70 |
0,00 |
|
1701 11 90 (1) |
48,70 |
0,29 |
|
1701 12 10 (1) |
48,70 |
0,00 |
|
1701 12 90 (1) |
48,70 |
0,00 |
|
1701 91 00 (2) |
54,67 |
1,07 |
|
1701 99 10 (2) |
54,67 |
0,00 |
|
1701 99 90 (2) |
54,67 |
0,00 |
|
1702 90 95 (3) |
0,55 |
0,19 |
(1) For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.
(2) For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.
(3) Per 1 % sucrose content.
|
26.8.2011 |
EN |
Official Journal of the European Union |
L 220/20 |
COMMISSION IMPLEMENTING REGULATION (EU) No 862/2011
of 25 August 2011
on the minimum customs duty to be fixed in response to the third partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 634/2011
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 187, in conjunction with Article 4 thereof,
Whereas:
|
(1) |
Commission Implementing Regulation (EU) No 634/2011 (2) opened a standing invitation to tender for the 2010/2011 marketing year for imports of sugar of CN code 1701 at a reduced customs duty. |
|
(2) |
In accordance with Article 6 of Implementing Regulation (EU) No 634/2011, the Commission is to decide, in the light of the tenders received in response to a partial invitation to tender, either to fix a minimum customs duty or not to fix a minimum customs duty per eight digit CN code. |
|
(3) |
On the basis of the tenders received for the third partial invitation to tender, a minimum customs duty should be fixed for certain eight digit codes for sugar falling within CN code 1701 and no minimum customs duty should be fixed for the other eight digit codes for sugar falling within that CN code. |
|
(4) |
In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. |
|
(5) |
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair, |
HAS ADOPTED THIS REGULATION:
Article 1
For the third partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 634/2011, in respect of which the time limit for the submission of tenders expired on 24 August 2011, a minimum customs duty has been fixed, or has not been fixed, as set out in the Annex to this Regulation for the eight digit codes for sugar falling within CN code 1701 .
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, 25 August 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
ANNEX
Minimum customs duties
|
(EUR/tonne) |
|||||
|
Eight digit CN code |
Minimum customs duty |
||||
|
1 |
2 |
||||
|
1701 11 10 |
170,06 |
||||
|
1701 11 90 |
190,00 |
||||
|
1701 12 10 |
X |
||||
|
1701 12 90 |
X |
||||
|
1701 91 00 |
X |
||||
|
1701 99 10 |
250,00 |
||||
|
1701 99 90 |
X |
||||
|
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DECISIONS
|
26.8.2011 |
EN |
Official Journal of the European Union |
L 220/22 |
COMMISSION IMPLEMENTING DECISION
of 25 August 2011
on the recognition of Azerbaijan pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for the training and certification of seafarers
(notified under document C(2011) 6003)
(Text with EEA relevance)
(2011/517/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (1), and in particular the first subparagraph of Article 19(3) thereof,
Having regard to the request from Belgium on 7 August 2008,
Whereas:
|
(1) |
According to Directive 2008/106/EC Member States may decide to endorse seafarers’ appropriate certificates issued by third countries, provided that the third country concerned is recognised by the Commission. Those third countries have to meet all the requirements of the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention) (2), as revised in 1995. |
|
(2) |
By letter of 7 August 2008, Belgium submitted a request for recognition of Azerbaijan. Following that request of Belgium, the Commission assessed the training and certification systems in Azerbaijan in order to verify whether Azerbaijan meets all the requirements of the STCW Convention and whether the appropriate measures have been taken to prevent fraud involving certificates. That assessment was based on the results of an inspection carried out by experts of the European Maritime Safety Agency in February 2009. During that inspection certain deficiencies in the training and certification systems were identified. |
|
(3) |
The Commission provided the Member States with a report on the results of the assessment. |
|
(4) |
By letters of 4 December 2009 and 26 October 2010, the Commission requested Azerbaijan to provide evidence demonstrating that the deficiencies identified had been corrected. |
|
(5) |
By letters of 13 January and 24 December 2010, Azerbaijan provided the requested information and evidence concerning the implementation of appropriate and sufficient corrective action to address all the deficiencies identified during the assessment of compliance. |
|
(6) |
The outcome of the assessment of compliance and the evaluation of the information provided by Azerbaijan demonstrate that Azerbaijan meets all the requirements of the STCW Convention, and has taken appropriate measures to prevent fraud involving certificates. It should therefore be recognised by the Commission. |
|
(7) |
The measures provided for in this Decision are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships, |
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of Article 19 of Directive 2008/106/EC, Azerbaijan is recognised as regards the systems for the training and certification of seafarers.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 25 August 2011.
For the Commission
Siim KALLAS
Vice-President
(1) OJ L 323, 3.12.2008, p. 33.
(2) Adopted by the International Maritime Organisation.