(a)

if imports into the Union of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, consigned from Canada and Singapore, whether declared as originating in Canada and Singapore or not, and currently falling within CN codes ex 1516 20 98 (TARIC code 1516 20 98 21), ex 1518 00 91 (TARIC code 1518 00 91 21), ex 1518 00 99 (TARIC code 1518 00 99 21), ex 2710 19 41 (TARIC code 2710 19 41 21), ex 3824 90 91 (TARIC code 3824 90 91 10) and ex 3824 90 97 (TARIC code 3824 90 97 01) are circumventing the measures imposed by Council Regulation (EC) No 599/2009 and

(b)

if imports into the Union of biodiesel in a blend containing by weight 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America, and currently falling within CN codes ex 1516 20 98 (TARIC code 1516 20 98 30), ex 1518 00 91 (TARIC code 1518 00 91 30), ex 1518 00 99 (TARIC code 1518 00 99 30), ex 2710 19 41 (TARIC code 2710 19 41 30) and ex 3824 90 97 (TARIC code 3824 90 97 04) are circumventing the measures imposed by Council Regulation (EC) No 599/2009.

(a)

if imports into the Union of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, consigned from Canada and Singapore, whether declared as originating in Canada and Singapore or not, and currently falling within CN codes ex 1516 20 98 (TARIC code 1516 20 98 21), ex 1518 00 91 (TARIC code 1518 00 91 21), ex 1518 00 99 (TARIC code 1518 00 99 21), ex 2710 19 41 (TARIC code 2710 19 41 21), ex 3824 90 91 (TARIC code 3824 90 91 10) and ex 3824 90 97 (TARIC code 3824 90 97 01) are circumventing the measures imposed by Council Regulation (EC) No 598/2009; and

(b)

if imports into the Union of biodiesel in a blend containing by weight 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America, and currently falling within CN codes ex 1516 20 98 (TARIC code 1516 20 98 30), ex 1518 00 91 (TARIC code 1518 00 91 30), ex 1518 00 99 (TARIC code 1518 00 99 30), ex 2710 19 41 (TARIC code 2710 19 41 30) and ex 3824 90 97 (TARIC code 3824 90 97 04) are circumventing the measures imposed by Council Regulation (EC) No 598/2009.

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/10 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EU) No 719/2010 (4).

(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,

(1)

Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes N,N-diethyl-meta-toluamide (hereinafter ‘DEET’).

(2)

Pursuant to Regulation (EC) No 1451/2007, DEET has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 19, repellents and attractants, as defined in Annex V to that Directive.

(3)

Sweden was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 30 November 2007 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

(4)

The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 11 March 2010, in an assessment report.

(5)

It appears from the examinations made that biocidal products used as repellents or attractants and containing DEET may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include DEET in Annex I to that Directive.

(6)

In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing DEET and used as repellents or attractants. Products intended for direct application to human skin should be labelled with instructions for use including amount and frequency of application in order to minimize primary exposure of humans. Concerns were identified during the risk assessment for human health, especially for children. Therefore, unless data is submitted to demonstrate that the product will meet the requirements of Article 5 and Annex VI when used on children, products containing DEET should not be used on children less than two years old, and use should be restricted for children between two and twelve years old, except where motivated by the risk for human health through e.g. outbreaks of insect-borne diseases. Furthermore, products should contain deterrents for ingestion.

(7)

It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance DEET and also to facilitate the proper operation of the biocidal products market in general.

(8)

A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.

(9)

After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC.

(10)

Directive 98/8/EC should therefore be amended accordingly.

(11)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,

(1)

On 22 March 2010, the Council adopted Decision 2010/168/CFSP (1) appointing Mr Vygaudas USACKAS as European Union Special Representative (hereinafter ‘the EUSR’) in Afghanistan from 1 April 2010 until 31 August 2010.

(2)

The mandate of the EUSR should be extended until 31 August 2011. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter ‘the HR’) following the entry into force of the Decision establishing the European External Action Service.

(3)

The EUSR in Afghanistan will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy as set out in Article 21 of the Treaty,

(a)

contribute to the implementation of the EU-Afghanistan Joint Declaration and lead the implementation of the EU Action Plan on Afghanistan and Pakistan, in so far as it concerns Afghanistan, thereby working with EU Member States’ representatives in Afghanistan;

(b)

support the pivotal role played by the United Nations (UN) in Afghanistan with particular emphasis on contributing to better coordinated international assistance, thereby promoting the implementation of the London Conference Communiqué, the Afghanistan Compact as well as relevant UN Resolutions.

(a)

promote the views of the Union on the political process and developments in Afghanistan;

(b)

maintain close contact with, and support the development of, relevant Afghan institutions, in particular the government and the parliament as well as the local authorities. Contact should also be maintained with other Afghan political groups and other relevant actors in Afghanistan;

(c)

maintain close contact with relevant international and regional stakeholders in Afghanistan, notably the Special Representative of the Secretary General of the UN and the Senior Civilian Representative of the North Atlantic Treaty Organisation (NATO) and other key partners and organisations;

(d)

advise on the progress achieved in meeting the objectives of the EU-Afghanistan Joint Declaration, the EU Action Plan for Afghanistan and Pakistan, in so far as it relates to Afghanistan, the Afghanistan Compact and the London Conference Communiqué, in particular in the following areas:

(e)

actively participate in local coordination forums such as the Joint Coordination and Monitoring Board (JCMB), while keeping non-participating Member States fully informed of decisions taken at these levels;

(f)

advise on the participation and the positions of the Union in international conferences with regard to Afghanistan and contribute to promoting regional cooperation.

(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and a mission contingency and evacuation plan;

(b)

ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

(c)

ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

(1)

On 15 February 2007, the Council adopted Joint Action 2007/112/CFSP (1) appointing Mr Roeland VAN DE GEER European Union Special Representative (hereinafter the EUSR) for the African Great Lakes Region.

(2)

On 22 February 2010, the Council adopted Decision 2010/113/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

(3)

The mandate of the EUSR should be extended until 31 August 2011. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR) following the entry into force of the Decision establishing the European External Action Service.

(4)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy as set out in Article 21 of the Treaty,

(a)

contributing actively and effectively to a consistent, sustainable and responsible policy of the Union in the African Great Lakes Region, and promoting a coherent overall Union approach in the region. The EUSR shall support the work of the HR in the region;

(b)

ensuring the continued commitment of the Union to the stabilisation and reconstruction processes in the region, through an active presence on the ground and in relevant international forums, staying in touch with key players and contributing to crisis management;

(c)

contributing to the post-transition phase in the Democratic Republic of the Congo (DRC), in particular as regards the political process of consolidating the new institutions and defining a broader international framework for political consultation and coordination with the new government;

(d)

contributing, in close cooperation with the United Nations/MONUC, to the international support efforts to pursue a comprehensive Security Sector Reform in the DRC, in particular in view of the coordinating role the Union is ready to assume in this context;

(e)

contributing to appropriate follow-up measures to the International Conference of the Great Lakes Region, in particular by establishing close contacts with the Great Lakes Secretariat and its Executive Secretary as well as with the Troika of the follow-up mechanism and by promoting good neighbourly relations in the region;

(f)

addressing the still considerable problem of armed groups operating across the borders, which risks destabilising the countries in the region and aggravating their internal problems;

(g)

contributing to the post-conflict stabilisation in Burundi, Rwanda and Uganda, in particular through accompanying peace negotiations with armed groups such as the FNL and LRA.

(a)

establish and maintain close contact with the countries of the Great Lakes Region, the United Nations, the African Union, key African countries and main partners of the DRC and the Union, as well as regional and sub-regional African organisations, other relevant third countries and other key regional leaders;

(b)

advise and report on the possibilities for the Union to support the stabilisation and consolidation process and on how best to pursue Union initiatives;

(c)

provide advice and assistance for security sector reform (SSR) in the DRC;

(d)

contribute to the follow-up to the International Conference of the Great Lakes Region, in particular by supporting policies, defined in the region, which pursue the objectives of non-violence and mutual defence in the resolution of conflicts as well as, regarding regional cooperation, by promoting human rights and democratisation, good governance, judicial cooperation, and the fight against impunity and the illegal exploitation of natural resources;

(e)

contribute to a better understanding of the role of the Union among opinion leaders in the region;

(f)

contribute, where requested, to the negotiation and implementation of peace and cease-fire agreements between the parties and engage with them diplomatically in the event of non-compliance with the terms of these agreements; in the context of the ongoing LRA negotiations, such activities should be pursued in close coordination with the EUSR for Sudan;

(g)

contribute to the implementation of the EU human rights policy and EU Guidelines on Human Rights, in particular the EU Guidelines on Children and Armed Conflict, and the EU policy regarding UN Security Council Resolution 1325 (2000) on Women, Peace and Security, including by monitoring and reporting on developments in this regard.

(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and a mission contingency and evacuation plan;

(b)

ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

(c)

ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

(1)

On 6 December 2007, the Council adopted Joint Action 2007/805/CFSP (1) appointing Mr Koen VERVAEKE as European Union Special Representative (hereinafter the EUSR) to the African Union (AU).

(2)

On 1 December 2008, the Council adopted Joint Action 2008/898/CFSP (2) extending the mandate of the EUSR until 28 February 2010.

(3)

On 25 February 2010, the Council adopted Decision 2010/119/CFSP (3) amending the mandate of the EUSR and extending it until 31 August 2010.

(4)

The mandate of the EUSR should be extended until 31 August 2011. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR) following the entry into force of the Decision establishing the European External Action Service.

(5)

The EUSR is to implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy, as set out in Article 21 of the Treaty,

(a)

enhancing the EU’s political dialogue and broader relationship with the AU;

(b)

strengthening the EU-AU partnership in all areas outlined in the EU Africa Strategy, contributing to the development and implementation of the EU Africa Strategy in partnership with the AU, respecting the principle of African ownership and working more closely with African representatives in multilateral forums in coordination with multilateral partners;

(c)

working with, and providing support to the AU by supporting institutional development and strengthening the relationship between EU and AU Institutions, including through development assistance, to promote:

—   peace and security: predict, prevent, manage, mediate and resolve conflict, support efforts to promote peace and stability, support post-conflict reconstruction,

—   human rights and governance: promote and protect human rights; promote fundamental freedoms and respect for the rule of law; support, through political dialogue and financial and technical assistance, African efforts to monitor and improve governance; support growth of participatory democracy and accountability; support the fight against corruption and organised crime and further promote efforts to address the issue of children and armed conflict in all its aspects,

—   sustainable growth, regional integration and trade: support efforts towards interconnectivity and facilitate people’s access to water and sanitation, energy and information technology; promote a stable, efficient and harmonised legal business framework; assist to integrate Africa into the world trade system, assist African countries to comply with EU rules and standards; support Africa in countering the effects of climate change,

—   investment in people: support efforts in the fields of gender, health, food security and education, promote exchange programmes, networks of universities and centres of excellence, address the root causes of migration.

(a)

strengthen the overall EU influence in, and coordination of, the Addis Ababa-based dialogue with the AU and its Commission, on the whole range of CFSP/ESDP issues covered by the EU-AU relationship;

(b)

ensure an appropriate level of political representation, reflecting the importance of the EU as a political, financial and institutional partner of the AU, and the step-change in that partnership necessitated by the growing political profile of the AU on the world stage;

(c)

represent, should the Council so decide, EU positions and policies, when the AU plays a major role in a crisis situation for which no EUSR has been appointed;

(d)

help achieve better coherence, consistency and coordination of EU policies and actions towards the AU, and contribute to enhance coordination of the broader partner group and its relation with the AU;

(e)

follow closely, and report on, all relevant developments at AU level;

(f)

maintain close contact with the AU Commission, other AU organs, missions of African sub-regional organisations to the AU and the missions of the AU Member States to the AU;

(g)

facilitate the relations and cooperation between the AU and African sub-regional organisations, especially in those areas where the EU is providing support;

(h)

offer advice and provide support to the AU upon request in the areas outlined in the EU Africa Strategy;

(i)

offer advice and provide support to the building up of the AU’s crisis management capabilities;

(j)

on the basis of a clear division of tasks, coordinate with, and support, the actions of EUSRs with mandates in AU Member States/regions; and

(k)

maintain close contacts and promote coordination with key international partners of the AU present in Addis Ababa, especially the United Nations, but also with non-State actors on the whole range of the CFSP/ESDP issues covered by the EU-AU relationship.

(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, providing for mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, and the management of security incidents, and providing for a contingency plan and a mission evacuation plan;

(b)

ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

(c)

ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

(1)

On 11 March 2009, the Council adopted Joint Action 2009/181/CFSP (1) appointing Mr Valentin INZKO European Union Special Representative (hereinafter the EUSR) in Bosnia and Herzegovina until 28 February 2010.

(2)

On 22 February 2010, the Council adopted Decision 2010/111/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

(3)

The mandate of the EUSR should be extended until 31 August 2011. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR) following the entry into force of the Decision establishing the European External Action Service.

(4)

The EUSR’s mandate should be implemented in coordination with the Commission in order to ensure consistency with other relevant activities falling within Union competence.

(5)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 21 of the Treaty,

(a)

offer the Union’s advice and facilitate the political process;

(b)

promote overall Union political coordination and contribute to the reinforcement of internal Union coordination and coherence in BiH, including through briefings to Union Heads of Mission and participation in, or representation at, their regular meetings; by chairing a coordination group composed of all Union actors present in the field with a view to coordinating the implementation aspects of the Union’s action, and by providing them with guidance on relations with the BiH authorities;

(c)

promote overall Union coordination of, and give local political direction to, Union efforts in tackling organised crime, without prejudice to the leading role of the European Union Police Mission (EUPM) in coordinating the policing aspects of such efforts and to the ALTHEA (EUFOR) military chain of command;

(d)

without prejudice to the military chain of command, offer the EU Force Commander political guidance on military issues with a local political dimension, in particular concerning sensitive operations, relations with local authorities and with the local media;

(e)

consult with the EU Force Commander before taking political action that may have an impact on the security situation;

(f)

ensure consistency and coherence of Union action towards the public; the EUSR spokesperson shall be the main EU point of contact for BiH media on Common Foreign and Security Policy/Common Security and Defence Policy (CFSP/CSDP) issues;

(g)

maintain an overview of the whole range of activities in the field of the rule of law and, in this context, provide the HR and the Commission with advice as necessary;

(h)

provide the Head of Mission of the EUPM with local political guidance; the EUSR and the Civilian Operation Commander shall consult each other as required;

(i)

as part of the broader approach to the rule of law taken by the international community and the BiH authorities and, drawing upon the EUPM’s provision of technical policing expertise and assistance in this respect, support the preparation and implementation of police restructuring;

(j)

provide support for a reinforced and more effective BiH criminal justice/police interface, in close liaison with the EUPM;

(k)

consult with the Head of the EUPM before taking political action that may have an impact on the police and security situation;

(l)

as far as activities regarding police and judicial cooperation in criminal matters, including Europol, and related Union activities are concerned, provide the HR and the Commission with advice as necessary, and take part in the required local coordination;

(m)

with a view to coherence and possible synergies, continue to be consulted on priorities for the Instrument of Pre-accession Assistance;

(n)

support the planning for a reinforced Union presence in the context of the closure of the Office of the High Representative (OHR), including providing advice on public information aspects of the transition, in close coordination with the Commission;

(o)

contribute to the development and consolidation of respect for human rights and fundamental freedoms in BiH, in accordance with the EU human rights policy and EU Guidelines on Human Rights;

(p)

engage with relevant BiH authorities on their full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY);

(q)

provide political advice and facilitation in the process of constitutional reform;

(r)

without prejudice to the applicable chains of command, provide help to ensure that all Union instruments in the field are applied coherently to attain the Union’s policy objectives.

(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and a mission contingency and evacuation plan;

(b)

ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

(c)

ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

(1)

On 5 October 2006, the Council adopted Decision 2006/670/CFSP (1) appointing Mr Pierre MOREL European Union Special Representative (hereinafter the EUSR) for Central Asia.

(2)

On 22 February 2010, the Council adopted Decision 2010/112/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

(3)

The mandate of the EUSR should be extended until 31 August 2011. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR) following the entry into force of the Decision establishing the European External Action Service.

(4)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 21 of the Treaty,

(a)

promoting good and close relations between countries of Central Asia and the Union on the basis of common values and interests as set out in relevant agreements;

(b)

contributing to strengthening the stability and cooperation between the countries in the region;

(c)

contributing to strengthening democracy, the rule of law, good governance and respect for human rights and fundamental freedoms in Central Asia;

(d)

addressing key threats, especially specific problems with direct implications for Europe;

(e)

enhancing the Union’s effectiveness and visibility in the region, including through a closer coordination with other relevant partners and international organisations, such as the OSCE.

(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and a mission contingency and evacuation plan;

(b)

ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

(c)

ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

(1)

On 17 October 2005, the Council adopted Joint Action 2005/724/CFSP (1) appointing Mr Erwan FOUÉRÉ European Union Special Representative (hereinafter the EUSR) in the former Yugoslav Republic of Macedonia (FYROM).

(2)

On 16 March 2010, the Council adopted Decision 2010/156/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

(3)

The mandate of the EUSR should be extended until 28 February 2011 or until the Council decides, on a proposal by the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR), that appropriate corresponding functions to those under Decision 2010/156/CFSP have been established in the European External Action Service, and terminates the mandate,

1.

Article 1 is replaced by the following:

2.

Article 5 is replaced by the following:

(1)

On 25 September 2008, the Council adopted Joint Action 2008/760/CFSP (1) appointing Mr Pierre MOREL European Union Special Representative (hereinafter the EUSR) for the crisis in Georgia until 28 February 2009.

(2)

On 22 February 2010, the Council adopted Decision 2010/106/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

(3)

The mandate of the EUSR should be extended until 31 August 2011. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR) following the entry into force of the Decision establishing the European External Action Service.

(4)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy set out in Article 21 of the Treaty,

(a)

firstly, help prepare for the international talks to be held under point 6 of the settlement plan of 12 August 2008, which are in particular to cover:

secondly, help establish the Union’s position and represent it, at his level, in those talks;

(b)

facilitate the implementation of the agreement concluded on 8 September 2008 in Moscow and Tbilisi, as well as the agreement of 12 August 2008 in close coordination with the United Nations and the Organisation for Security and Cooperation in Europe (OSCE);

(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, providing for mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, and the management of security incidents, and providing for a contingency plan and a mission evacuation plan;

(b)

ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

(c)

ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

(1)

On 10 June 1999, the United Nations Security Council adopted Resolution 1244.

(2)

On 15 September 2006, the Council adopted Joint Action 2006/623/CFSP (2) on the establishment of a team to contribute to the preparations of the establishment of a possible International Civilian Office in Kosovo, including a European Union Special Representative component (ICO/EUSR Preparation Team).

(3)

On 13/14 December 2007, the European Council underlined that the European Union (hereinafter ‘the EU’ or ‘the Union’) stands ready to play a leading role in strengthening stability in the region and in implementing a settlement defining Kosovo’s future status. It stated the Union’s readiness to assist Kosovo in the path towards sustainable stability, including by a European Security and Defence Policy (ESDP) mission and a contribution to an International Civilian Office as part of the international presences.

(4)

On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (3) and Joint Action 2008/123/CFSP (4) appointing Mr Pieter FEITH European Union Special Representative (hereinafter the EUSR) in Kosovo.

(5)

On 25 February 2010, the Council adopted Decision 2010/118/CFSP (5) extending the mandate of the EUSR until 31 August 2010.

(6)

The mandate of the EUSR should be extended until 28 February 2011. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR) following the entry into force of the decision establishing the European External Action Service.

(7)

The Stabilisation and Association Process is the strategic framework of the Union’s policy towards the western Balkans region, and its instruments apply to Kosovo, including a European partnership, political and technical dialogue under the SAP Tracking Mechanism, and related Union assistance programmes.

(8)

The EUSR’s mandate should be implemented in coordination with the Commission in order to ensure consistency with other relevant activities falling within Union competence.

(9)

The Council foresees that the powers and authorities of the EUSR and the powers and authorities of an International Civilian Representative shall be vested in the same person.

(10)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy as set out in Article 21 of the Treaty,

(a)

offer the Union’s advice and support in the political process;

(b)

promote overall Union political coordination in Kosovo;

(c)

provide local political guidance to the Head of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including on the political aspects of issues relating to executive responsibilities;

(d)

ensure consistency and coherence of Union action towards the public. The EUSR spokesperson shall be the main Union point of contact for Kosovo media on Common Foreign and Security Policy/Common Security and Defence Policy (CFSP/CSDP) issues. All press and public information activities will be conducted in close and continued coordination with the High Representative of the Union for Foreign Affairs and Security Policy (HR) spokesperson/Council Secretariat Press Office;

(e)

contribute to the development and consolidation of respect for human rights and fundamental freedoms in Kosovo, including with regard to women and children, in accordance with EU human rights policy and EU Guidelines on Human Rights.

(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as the management of security incidents and a mission contingency and evacuation plan;

(b)

ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

(c)

ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

(1)

On 21 July 2003, the Council adopted Joint Action 2003/537/CFSP (1) appointing Mr Marc OTTE European Union Special Representative (hereinafter the EUSR) for the Middle East peace process.

(2)

On 22 February 2010, the Council adopted Decision 2010/107/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

(3)

The mandate of the EUSR should be extended until 28 February 2011 or until the Council decides, on a proposal by the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR), that appropriate corresponding functions to those under Decision 2010/107/CFSP have been established in the European External Action Service and terminates the mandate.

(4)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 21 of the Treaty,

1.

Article 1 is replaced by the following:

2.

Article 5 is replaced by the following:

(1)

On 15 February 2007, the Council adopted Joint Action 2007/107/CFSP (1) appointing Mr Kálmán MIZSEI European Union Special Representative (hereinafter the EUSR) in the Republic of Moldova.

(2)

On 22 February 2010, the Council adopted Decision 2010/108/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

(3)

The mandate of the EUSR should be extended until 28 February 2011 or until the Council decides, on a proposal by the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR), that appropriate corresponding functions to those under Decision 2010/108/CFSP have been established in the European External Action Service and terminates the mandate.

(4)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 21 of the Treaty,

1.

Article 1 is replaced by the following:

2.

Article 5 is replaced by the following:

(1)

On 20 February 2006, the Council adopted Joint Action 2006/121/CFSP (1) appointing Mr Peter SEMNEBY European Union Special Representative (hereinafter ‘the EUSR’) for the South Caucasus.

(2)

On 22 February 2010, the Council adopted Decision 2010/109/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

(3)

The mandate of the EUSR should be extended until 28 February 2011 or until the Council decides, on a proposal by the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter ‘the HR’), that appropriate corresponding functions to those under Decision 2010/109/CFSP have been established in the European External Action Service and terminates the mandate.

(4)

The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy as set out in Article 21 of the Treaty,

1.

Article 1 is replaced by the following:

2.

Article 5 is replaced by the following:

(1)

On 18 July 2005, the Council adopted Joint Action 2005/556/CFSP (1) concerning the appointment of a European Union Special Representative (hereinafter the EUSR) for Sudan.

(2)

Mrs Rosalind MARSDEN should be appointed as EUSR for Sudan from 1 September 2010 to 31 August 2011. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR) following the entry into force of the Decision establishing the European External Action Service.

(3)

The EUSR will implement her mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 21 of the Treaty,

(a)

establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan;

(b)

ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

(c)

ensuring that all members of her team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

(1)

Guideline ECB/2007/2 of 26 April 2007 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (1) established TARGET2.

(2)

TARGET2 functions on the basis of a single technical platform called the Single Shared Platform (SSP), operated by the Deutsche Bundesbank, the Banque de France and the Banca d’Italia (hereinafter the SSP-providing CBs). It is legally structured as a multiplicity of real-time gross settlement systems, each of which is a TARGET2 component operated by a Eurosystem central bank (CB). Guideline ECB/2007/2 harmonises the rules for the TARGET2 components to the greatest extent possible.

(3)

The Eurosystem oversees TARGET2, with the ECB taking the lead.

(4)

Article 38(1) of Annex II to Guideline ECB/2007/2 — the Harmonised Conditions for participation in TARGET2 (hereinafter the Harmonised Conditions) obliges each CB to keep confidential all sensitive or secret payment information belonging to participants holding TARGET2 accounts with that CB, unless the participant has given its written consent to disclosure or such disclosure is permitted or required under national law.

(5)

Article 38(2) of the Harmonised Conditions nevertheless provides that participants agree that, provided such disclosure does not conflict with the applicable law, each CB may disclose payment information regarding the participant obtained in the course of the operation of the relevant TARGET2 component to: (i) other CBs or third parties that are involved in the operation of TARGET2, to the extent that this is necessary for the efficient functioning of TARGET2; or (ii) supervisory and oversight authorities of Member States and the Union, to the extent that this is necessary for the performance of their public tasks.

(6)

Only when the use of aggregate TARGET2 payment data is not sufficient for the CBs to ensure the effective functioning of TARGET2, is it necessary for all CBs to have access to transaction-level data extracted from the SSP of the participants in all TARGET2 components, including indirect participants and addressable BIC holders. Access by all CBs to such transaction-level data also becomes necessary for the performance of the public tasks of the Eurosystem as overseer of TARGET2 when the use of aggregate TARGET2 payment data does not suffice.

(7)

Such CB access to transaction-level data of all TARGET2 participants should be limited to what is necessary to enable the CBs, as operators and as overseers of TARGET2, to conduct quantitative analyses of transaction flows between TARGET2 participants or to make numerical simulations of the settlement process of TARGET2. Such CB access should exclude all information on the participants’ customers except where such customers are indirect participants or addressable BIC holders.

(8)

When conducted by CBs in their capacity as operators of TARGET2, these quantitative analyses and numerical simulations should serve in particular the purposes of ensuring the efficiency of the design of TARGET2, monitoring the effects of its pricing mechanisms, and making cost-benefit analyses of additional features and services. When conducted by CBs in their capacity as overseers of TARGET2, they should serve in particular the purposes of analysing operational failures in TARGET2, analysing changes in payment patterns and timing, quantifying liquidity levels and settlement outcomes with decreased liquidity, making statistical and structural analyses of transaction flows, and supporting regular and ad-hoc oversight assessments against applicable standards.

(9)

It is of the utmost importance to preserve the confidentiality of transaction-level data. For this purpose, access to and use of transaction-level data should be limited to a small group of designated staff members from the CBs. In addition to the rules on professional conduct and confidentiality applicable to CB staff members, the Payments and Settlement Systems Committee (PSSC) of the European System of Central Banks should establish specific rules for access to and use of transaction-level data. CBs should ensure compliance with these rules by their designated staff members and the PSSC should monitor such compliance.

(10)

The PSSC should have the option to publish information derived from the use of transaction-level data, provided that this information does not make it possible to identify participants or participants’ customers, whether directly or indirectly.

(11)

In order to allow quantitative analyses and numerical simulations to be made using transaction-level data, the Eurosystem should establish a specific device, the TARGET2 Simulator.

(12)

In addition to Article 38(2) of the Harmonised Conditions which covers transaction-level data, Article 38(3) of the Harmonised Conditions states more broadly that, provided it does not make it possible, whether directly or indirectly, to identify the participant or the participant’s customers, a CB may use, disclose or publish payment information regarding the participant or the participant’s customers for statistical, historical, scientific or other purposes in the exercise of the public functions of the CB or of functions of other public entities to whom the information is disclosed. Without prejudice to the ability of the CBs to use, disclose or publish such information under this Article, the PSSC should coordinate the actions of the CBs.

(13)

Article 5 of Guideline ECB/2007/2 specifies the governance levels of TARGET2, including that the Governing Council is responsible for the direction, management and control of TARGET2 and that the PSSC assists the Governing Council as an advisory body in all matters related to TARGET2. Article 5 of Guideline ECB/2007/2 establishes further that the PSSC conducts the execution of the tasks assigned to the CBs in Guideline ECB/2007/2 within the general framework defined by the Governing Council. In this latter capacity, the PSSC is to conduct certain tasks under this Decision. A voting rule for the PSSC and the possibility for the Governing Council to review the PSSC’s decisions are necessary.

(14)

The provisions of this Decision will be extended to apply to non-Eurosystem TARGET2-connected central banks by means of an agreement between these central banks and the Eurosystem,