(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 4 February 2009, the Sanctions Committee of the United Nations Security Council decided to amend the list of natural and legal persons, groups and entities to whom the freezing of funds and economic resources should apply, adding one natural person to the list given the information related to their association with Al-Qaida. The statement of reasons regarding the amendments has been provided to the Commission.

(3)

The Sanctions Committee amended the identifying data on 15 April 2009.

(4)

Annex I should be amended accordingly.

(5)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately.

(6)

Since the UN list does not provide the current address for the natural person concerned, a notice should be published in the Official Journal so that the person concerned can contact the Commission and that the Commission can subsequently communicate the grounds on which this Regulation is based to the natural person concerned, provide him with the opportunity to comment on these grounds and review this Regulation in view of the comments and possible available additional information,

(1)

Council Regulation (EC) No 1139/2008 of 10 November 2008 fixing the fishing opportunities and the conditions relating thereto for certain fish stocks applicable in the Black Sea for 2009 (3), lays down quotas for 2009.

(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 2009.

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

(1)

Regulation (EC) No 327/98 opened and provided for the administration of certain import tariff quotas for rice and broken rice, broken down by country of origin and split into several subperiods in accordance with Annex IX to that Regulation.

(2)

April is the second subperiod for the quotas provided for in Article 1(1)(a) of Regulation (EC) No 327/98.

(3)

The notification sent in accordance with Article 8(a) of Regulation (EC) No 327/98 shows that, for the quota with order number 09.4130, the applications lodged in the first 10 working days of April 2009 under Article 4(1) of that Regulation relate to a quantity greater than that available. The extent to which import licences may be issued should therefore be determined and the allocation coefficient to be applied to the quantities applied for under the quota concerned should be laid down.

(4)

The notification also shows that, for the quotas with order numbers 09.4127 – 09.4128 – 09.4129, the applications lodged in the first 10 working days of April 2009 in accordance with Article 4(1) of the Regulation relate to a quantity less than that available.

(5)

For the quotas with order numbers 09.4127 – 09.4128 – 09.4129 – 09.4130 the total quantities available for the following subperiod should therefore be set, in accordance with the first paragraph of Article 5 of Regulation (EC) No 327/98,

(1)

Commission Decision 2007/131/EC of 21 February 2007 on allowing the use of the radio spectrum for equipment using ultra-wideband technology in a harmonised manner in the Community (2) harmonises the technical conditions for radio equipment using ultra-wideband technology in the Community, ensuring that the radio spectrum is available across the European Community pursuant to harmonised conditions, eliminating barriers to the uptake of ultra-wideband technology and creating an effective single market for such systems with consequent economies of scale and benefits to the consumer.

(2)

Rapid changes in technology and in the use of the radio spectrum need to be adequately reflected in the regulation of ultra-wide band technology, in order for European society to benefit from the introduction of innovative applications based on this technology, whilst ensuring that other spectrum users are not adversely affected. Decision 2007/131/EC should therefore be amended accordingly.

(3)

For this reason, the Commission issued additional mandates pursuant to Decision No 676/2002/EC to the European Conference of Postal and Telecommunications Administrations (CEPT), to undertake further compatibility studies of ultra-wideband technology with radio-communication services.

(4)

In its reports submitted in response to these mandates, the CEPT advised the Commission to amend a number of technical aspects in Decision 2007/131/EC.

(5)

The additional studies by CEPT clarified the technical conditions under which specific mitigation techniques, notably detect and avoid (DAA) and low duty cycle (LDC), enable ultra-wide band equipment to be operated with higher transmission powers while offering equivalent protection comparable to the existing ultra-wide band generic limits.

(6)

The CEPT studies also demonstrated that ultra-wide band equipment may be used under more stringent conditions than the generic limits in automotive and railway vehicles. Such conditions may be relaxed as long as mitigation techniques, such as those mentioned above, are used in these vehicles.

(7)

Building material analysis (BMA) imaging systems can provide a host of innovative applications in detecting or taking images of pipes, wires and of other intra-wall structures in residential or commercial constructions. A common set of spectrum-access conditions for BMA equipment should assist those undertakings which want to provide related professional services using these applications across borders in the Community.

(8)

CEPT has advised the Commission that more relaxed conditions of use than the generic limits are to be feasible for BMA systems, given that their modes of operation, combined with their very low deployment densities and activity factors, further mitigate the possibility of harmful interference to radio-communication services.

(9)

The CEPT technical studies under the Commission mandates on BMA applications assume use in structures that are dense and thick enough to absorb most signals transmitted by the imaging system. These compatibility studies include, inter alia, the presumption that BMA equipment should cease transmission within ten seconds of the interruption of normal operation. Furthermore, although BMA devices may be sold as a consumer product, a maximum density of 6,7 BMA units/km2 are assumed to be used in the aggregate interference studies.

(10)

Pursuant to Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (3) (the R & TTE Directive), the Commission has given mandates (M/329 and M/407) to the European standardisation organisations to establish a set of harmonised standards covering ultra-wideband applications to be recognised under this Directive, and resulting in a presumption of conformity with its requirements. In response to mandates M/329 and M/407 from the EC, the ETSI has developed harmonised standard EN 302 065 on generic UWB equipment, harmonised standard EN 302 500 for UWB location tracking equipment and harmonised standard EN 302 435 on BMA equipment.

(11)

These respective harmonised standards describe in detail how equipment operating in frequency bands allocated by this Decision should operate and how this equipment can be tested for compliance with the limits stated in the harmonised standards.

(12)

The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,

1.

The Annex to Decision 2007/131/EC is replaced by the Annex to this Decision.

2.

In Article 2, the following points 10 and 11 are added:

(1)

On 8 June 2006 Unilever made a request to the competent authorities of the United Kingdom to place the Ice Structuring Protein type III HPLC 12 on the market as a novel food ingredient.

(2)

The Ice Structuring Protein (ISP) type III HPLC 12 is produced using a genetically modified yeast as a processing aid. Pursuant to recital 16 of Regulation (EC) No 1829/2003 of the European Parliament and of the Council (2), food and feed which are manufactured with the help of a genetically modified processing aid are not included in the scope of that Regulation. The Report from the Commission to the Council and the European Parliament on the implementation of that Regulation (3) has clarified that the authorisation and labelling requirements set out in the Regulation are not applicable to food or feed produced by fermentation using genetically modified micro-organisms.

(3)

On 27 July 2007 the competent food assessment body of the United Kingdom issued its initial assessment report. In that report it came to the conclusion that the use of the Ice Structuring Protein as a food ingredient was acceptable.

(4)

The Commission forwarded the initial assessment report to all Member States on 1 August 2007.

(5)

Within the 60-day period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections to the marketing of the product were raised in accordance with that provision.

(6)

Therefore the European Food Safety Authority (EFSA) was consulted on 25 February 2008.

(7)

On 9 July 2008, following a request from the Commission, the Panel on Dietetic Products, Nutrition and Allergies of EFSA adopted a Scientific Opinion on the safety of Ice Structuring Protein (ISP) type III HPLC 12 as a food ingredient. That Opinion was also adopted by the Panel on Genetically Modified Organisms on 2 July 2008. In the Opinion EFSA concluded that the use of the Ice Structuring Protein (ISP) type III HPLC 12 in edible ices is safe.

(8)

On the basis of the scientific assessment, it is established that the Ice Structuring Protein (ISP) type III HPLC 12 complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

On 20 December 2006 the company NattoPharma made a request to the competent authorities of Ireland to place Vitamin K 2 (menaquinone) from Bacillus subtilis natto on the market as a novel food ingredient to be used in foods for particular nutritional uses and in foods to which vitamins and minerals are added.

(2)

On 22 January 2007 the competent food assessment body of Ireland issued its initial assessment report. In that report it came to the conclusion that an additional assessment was required.

(3)

The Commission informed all Member States about this request on 27 February 2007. EFSA was requested to carry out the assessment on 8 March 2007.

(4)

On 2 October 2008, following a request from the Commission, the Scientific Panel on dietetic Products, Nutrition and Allergies of EFSA adopted an opinion on the safety of Vitamin K2. In the opinion EFSA concluded that menaquinone extracted from Bacillus subtilis natto is a safe source of Vitamin K.

(5)

Vitamin K2 should be used in compliance with Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (2), Commission Directive 2001/15/EC of 15 February 2001 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses (3) and/or Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods (4). On the basis of the scientific assessment, it is established that Menaquinone complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

The Council decided on 6 April 2009 to adapt the salaries and emoluments for Europol officials with 1,7 % with retroactive effect as of 1 July 2007.

(2)

The Management Board decided on 9 April 2009 to effect an increase in the amounts mentioned in Article 4 of the Appendix to the Decision of the Management Board of 16 November 1999 (2) by the same percentage and as of the same date as determined by the Council Decision of 6 April 2009 mentioned under point 1.

(3)

In accordance with the same decision of the Management Board of 9 April 2009, the values thus established should be published in the Official Journal of the European Union,

1.

the value mentioned in the first sentence of Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by EUR 115,61;

2.

the values in euro units of the table included in Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by the following: