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ISSN 1725-2555 doi:10.3000/17252555.L_2010.248.eng |
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Official Journal of the European Union |
L 248 |
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English edition |
Legislation |
Volume 53 |
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Contents |
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II Non-legislative acts |
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REGULATIONS |
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DECISIONS |
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ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
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2010/566/EU |
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2010/567/EU |
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Corrigenda |
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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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22.9.2010 |
EN |
Official Journal of the European Union |
L 248/1 |
COMMISSION REGULATION (EU) No 832/2010
of 17 September 2010
amending Regulation (EC) No 1828/2006 setting out rules for the implementation of Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and of Regulation (EC) No 1080/2006 of the European Parliament and of the Council on the European Regional Development Fund
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (1), and in particular Articles 44, 66(3) and 76(4) thereof,
Having regard to Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999 (2), and in particular the second subparagraph of Article 7(2) thereof,
Whereas:
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(1) |
Regulation (EC) No 1083/2006, as amended by Regulation (EU) No 539/2010 of the European Parliament and of the Council (3), simplifies and clarifies certain requirements as regards major projects, financial engineering instruments and reporting on financial progress of operational programmes. It is therefore necessary to align the provisions of Commission Regulation (EC) No 1828/2006 (4) with Regulation (EC) No 1083/2006 as amended. |
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(2) |
Regulation (EC) No 1080/2006, as amended by Regulation (EU) No 437/2010 (5) provides for eligibility of housing interventions in favour of marginalised communities. It is therefore necessary to align the provisions of Commission Regulation (EC) No 1828/2006 with Regulation (EC) No 1080/2006 as amended. |
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(3) |
It is necessary to clarify that the implementation of financial engineering also covers funds or other incentive schemes for energy efficiency and use of renewable energy in buildings, including existing housing. |
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(4) |
It is necessary to define the conditions for eligible housing interventions in favour of marginalised communities in the context of an integrated approach, with particular regard to the desegregation measures. |
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(5) |
In order to facilitate the provision of data by Member States and the processing of data by the Commission, it is necessary to simplify the requirements on financial information to be provided in the annual and final reports on the implementation of an operational programme. |
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(6) |
The threshold for projects to be considered major projects has been raised to EUR 50 million. In order to ensure appropriate monitoring of environmental projects with total investment costs between EUR 25 and 50 million, it is necessary to provide for an obligation to include information on those projects in the annual and final reports on implementation of an operational programme. |
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(7) |
Regulation (EC) No 1083/2006 now allows a major project to cover more than one operational programme. It is therefore necessary to update the type of structured data to be provided on major projects and to update the forms for requests for assistance for major projects. |
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(8) |
Regulation (EC) No 1828/2006 should therefore be amended accordingly. |
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(9) |
For reasons of coherence it is appropriate that the amendments to Regulation (EC) No 1828/2006 apply from the same date as Regulation (EU) No 539/2010 and Regulation (EU) No 437/2010. |
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(10) |
It is necessary that all the advantages to beneficiaries which result from Regulation (EU) No 539/2010 and Regulation (EU) No 437/2010 apply as soon as possible. Therefore, this Regulation should enter into force as a matter of urgency. |
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(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Coordination Committee of the Funds, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1828/2006 is amended as follows:
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(1) |
Article 43 is amended as follows:
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(2) |
In Article 44, paragraph 1 is amended as follows:
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(3) |
Article 45 is amended as follows:
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(4) |
In Article 47, paragraph 2 is replaced by the following: ‘2. Having regard to Article 7(2) of Regulation (EC) No 1080/2006, expenditure for housing in favour of marginalized communities shall be eligible only if the following conditions are fulfilled:
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(5) |
Annex XVIII is amended in accordance with Annex I to this Regulation. |
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(6) |
Annexes XX, XXI and XXII are replaced by the text set out in Annex II to this Regulation. |
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 25 June 2010.
However, point (4) of Article 1 shall apply from 18 June 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 September 2010.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 210, 31.7.2006, p. 25.
(2) OJ L 210, 31.7.2006, p. 1.
(3) OJ L 158, 24.6.2010, p. 1.
ANNEX I
Annex XVIII is amended as follows:
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(1) |
Point 2.1.2 is replaced by the following: ‘2.1.2. Financial information (all financial data should be expressed in euro)
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(2) |
The following point 5a is inserted: ‘5a. ERDF/CF PROGRAMMES: ENVIRONMENTAL PROJECTS WITH TOTAL INVESTMENT COSTS EQUAL TO OR HIGHER THAN EUR 25 MILLION AND EQUAL TO OR LOWER THAN EUR 50 MILLION (IF APPLICABLE) For ongoing projects:
For completed projects:
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(1) Figures expressed in cumulative terms.
(2) This field shall be completed only in the case of the final report on implementation where the operational programme is co-financed by the ERDF or the ESF where use is made of the option under Article 34(2) of Regulation (EC) No 1083/2006.
(3) This field shall be completed only in the case of the final report on implementation where the operational programme includes support to transitional and non-transitional regions.
For operational programmes receiving a contribution of the ERDF under the specific allocation for outermost regions: the breakdown of the expenditure between operational costs and investments in infrastructures.’
ANNEX II
‘ANNEX XX
MAJOR PROJECT STRUCTURED DATA TO BE ENCODED
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Major project key details |
Infrastructure application form |
Productive investment application form |
Type of data |
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Project name |
B.1.1 |
B.1.1 |
Text |
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Name of company |
n.a. |
B.1.2 |
Text |
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SME |
n.a. |
B.1.3 |
Y/N |
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Priority theme dimension |
B.2.1 |
B.2.1 |
Code(s) |
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Form of finance dimension |
B.2.2 |
B.2.2 |
Code |
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Territorial dimension |
B.2.3 |
B.2.3 |
Code |
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Economic activity dimension |
B.2.4 |
B.2.4 |
Code(s) |
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NACE code |
B.2.4.1 |
B.2.4.1 |
Code(s) |
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Nature of the investment |
n.a. |
B.2.4.2 |
Code |
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Location dimension(s) |
B.2.5 |
B.2.5 |
Code(s) |
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Fund(s) |
B.3.4 |
B.3.3 |
ERDF/CF |
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Priority Axis or Priority Axes |
B.3.4 |
B.3.4 |
Text |
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PPP |
B.4.2.d |
n.a. |
Y/N |
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Construction phase — Start date |
D.1.8A |
D.1.5A |
Date |
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Construction phase — Completion date |
D.1.8B |
D.1.5B |
Date |
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Reference period |
E.1.2.1 |
E.1.2.1 |
Years |
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Financial discount rate |
E.1.2.2 |
E.1.2.2 |
% |
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Total investment cost |
E.1.2.3 |
E.1.2.3 |
EUR |
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Total investment cost (present value) |
E.1.2.4 |
n.a. |
EUR |
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Residual value |
E.1.2.5 |
n.a. |
EUR |
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Residual value (present value) |
E.1.2.6 |
n.a. |
EUR |
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Revenues (present value) |
E.1.2.7 |
n.a. |
EUR |
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Operating cost (present value) |
E.1.2.8 |
n.a. |
EUR |
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Net revenue (present value) |
E.1.2.9 |
n.a. |
EUR |
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Eligible expenditure (present value) |
E.1.2.10 |
n.a. |
EUR |
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Estimated increase in annual turnover |
n.a. |
E.1.2.4 |
EUR |
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% change in turnover per person employed |
n.a. |
E.1.2.5 |
% |
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Financial rate of return (without Union grant) |
E.1.3.1A |
E.1.3.1A |
% |
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Financial rate of return (with Union grant) |
E.1.3.1B |
E.1.3.1B |
% |
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Financial net present value (without Union grant) |
E.1.3.2A |
E.1.3.2A |
EUR |
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Financial net present value (with Union grant) |
E.1.3.2B |
E.1.3.2B |
EUR |
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Eligible costs |
H.1.12C |
H.1.10C |
EUR |
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Decision amount |
H.2.1.3 |
H.2.1.1 |
EUR |
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Union grant |
H.2.1.5 |
H.2.1.3 |
EUR |
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Expenditure already certified |
Total amount in EUR: Amount in each operational programme in EUR: |
H.2.3 |
H.2.3 |
EUR |
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Economic costs and benefits |
E.2.2 |
E.2.2 |
Text/EUR |
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Social discount rate |
E.2.3.1 |
E.2.3.1 |
% |
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Economic rate of return |
E.2.3.2 |
E.2.3.2 |
% |
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Economic net present value |
E.2.3.3 |
E.2.3.3 |
EUR |
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Benefit/Cost ratio |
E.2.3.4 |
E.2.3.4 |
Number |
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Number of jobs directly created during implementation phase |
E.2.4.1A |
E.2.4 a) 1A |
Number |
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Average duration of jobs directly created during implementation phase |
E.2.4.1B |
E.2.4 a) 1B |
Months/permanent |
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Number of jobs directly created during operational phase |
E.2.4.2A |
E.2.4 a) 2A |
Number |
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Average duration of jobs directly created during operational phase |
E.2.4.2B |
E.2.4 a) 2B |
Months/permanent |
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Number of jobs indirectly created during operational phase |
n.a. |
E.2.4 a) 4A |
Number |
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Inter regional employment impact |
n.a. |
E.2.4 c) |
Neg/Neut/Pos |
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EIA class of development |
F.3.2.1 |
F.3.2.1 |
I/II/Not covered |
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EIA carried out if class II |
F.3.2.3 |
F.3.2.3 |
Y/N |
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% of cost to compensate for negative environmental impacts |
F.6 |
F.6 |
% |
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Other Union sources (EIB/EIF) |
I.1.3 |
I.1.3 |
Y/N |
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Involvement of Jaspers |
I.4.1 |
I.4.1 |
Y/N |
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Core indicators (please choose relevant core indicator from a drop down list available in the electronic system): |
B.4.2B |
n.a. |
Number |
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22.9.2010 |
EN |
Official Journal of the European Union |
L 248/36 |
COMMISSION REGULATION (EU, Euratom) No 833/2010
of 21 September 2010
implementing Council Regulation (EU, Euratom) No 617/2010 concerning the notification to the Commission of investment projects in energy infrastructure within the European Union
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to the Council Regulation (EU, Euratom) No 617/2010 of 24 June 2010 concerning the notification to the Commission of investment projects in energy infrastructure within the European Union and repealing Regulation (EC) No 736/96 (1), and in particular Article 7 thereof,
Whereas:
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(1) |
The Commission is required to adopt the provisions concerning the form and other technical details of the notification of data and information referred to in Articles 3 and 5 of Regulation (EU, Euratom) No 617/2010. |
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(2) |
In order to gather comparable data and to simplify the reporting by Member States or their delegated entities or bodies referred to in Article 3 of Regulation (EU, Euratom) No 617/2010, notifications to be made should be standardized by the use of reporting tables. |
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(3) |
Following the repeal of Council Regulation (EC) No 736/96 (2), Commission Regulation (EC) No 2386/96 (3) should also be repealed, |
HAS ADOPTED THIS REGULATION:
Article 1
The form and technical details of the notification to the Commission of data and information on investment projects in energy infrastructure referred to in Articles 3 and 5 of Regulation (EU, Euratom) No 617/2010 shall be as set out in the Annex to this Regulation.
Article 2
Regulation (EC) No 2386/96 is repealed.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 September 2010.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 180, 15.7.2010, p. 7.
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22.9.2010 |
EN |
Official Journal of the European Union |
L 248/57 |
COMMISSION REGULATION (EU) No 834/2010
of 21 September 2010
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 Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 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 XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 22 September 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 September 2010.
For the Commission, On behalf of the President,
Jean-Luc DEMARTY
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 |
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0702 00 00 |
MA |
87,2 |
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MK |
53,0 |
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TR |
64,0 |
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XS |
58,9 |
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ZZ |
65,8 |
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0707 00 05 |
TR |
133,8 |
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ZZ |
133,8 |
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0709 90 70 |
TR |
107,3 |
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ZZ |
107,3 |
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0805 50 10 |
AR |
133,8 |
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CL |
150,2 |
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IL |
126,1 |
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TR |
115,9 |
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UY |
137,9 |
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ZA |
126,2 |
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ZZ |
131,7 |
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0806 10 10 |
EG |
75,0 |
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TR |
123,5 |
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US |
185,0 |
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ZZ |
127,8 |
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0808 10 80 |
AR |
63,5 |
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BR |
74,7 |
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CL |
125,6 |
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CN |
55,0 |
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NZ |
112,3 |
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US |
124,7 |
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ZA |
91,0 |
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ZZ |
92,4 |
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0808 20 50 |
AR |
157,0 |
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CN |
84,3 |
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ZA |
105,4 |
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ZZ |
115,6 |
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0809 30 |
TR |
142,5 |
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ZZ |
142,5 |
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0809 40 05 |
BA |
53,5 |
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IL |
178,5 |
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ZZ |
116,0 |
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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’.
DECISIONS
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22.9.2010 |
EN |
Official Journal of the European Union |
L 248/59 |
COUNCIL DECISION 2010/565/CFSP
of 21 September 2010
on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28 and Article 43 thereof,
Whereas:
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(1) |
On the basis of Joint Action 2005/355/CFSP (1), the European Union (EU) has been conducting, since 2 May 2005, a mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (DRC) (EUSEC RD Congo). The current mandate of the mission is set out in Joint Action 2009/709/CFSP (2) and expires on 30 September 2010. |
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(2) |
The Secretary-General/High Representative for Common Foreign and Security Policy sent a letter to the President of the DRC dated 27 July 2009 stating the EU's renewed commitment. Following that letter, the mission statement was adapted as from 1 October 2009. The Congolese authorities transposed that letter into an action programme which was signed, on 21 January 2010, by the Minister for Defence and War Veterans and the Head of the EUSEC RD Congo mission. |
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(3) |
Following the ratification in 2005 of the Constitution of the Third Republic of the Congo, the elections held in the DRC in 2006 marked the end of the transition process and enabled a government to be formed in 2007, which has adopted a programme providing in particular for comprehensive reform of the security sector, the drawing up of a national plan, and priority reforms in the police, armed forces and judicial sectors. The Congolese authorities have demonstrated their interest in implementing the security sector reform (SSR) process in the DRC at operational level by developing a plan to reform the Armed Forces of the Democratic Republic of the Congo (FARDC) in three stages between 2009 and 2025, a plan which was approved by the President of the Republic at the end of May 2009 and presented to the representatives of the international community on 26 January 2010, and by taking over the role of coordinator of the work of the various actors supporting SSR in the DRC. |
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(4) |
The United Nations has reaffirmed its support for the transition process and SSR by means of several Security Council resolutions, and is conducting the United Nations Organisation Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO), which is focusing on peacekeeping in the east of the country and on peace consolidation throughout the country. On 28 May 2010, the United Nations Security Council adopted Resolution 1925 (2010) extending MONUC's mandate until 30 June 2010 and renaming it the United Nations Organisation Stabilisation Mission in the DRC (MONUSCO) as from 1 July 2010 and allowing it to support, in close cooperation with other international partners, the efforts of the Congolese authorities to strengthen and reform security and judicial institutions. |
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(5) |
The EU has consistently supported SSR in the DRC, as one of the elements of a more general EU commitment to supporting development and democracy in the African Great Lakes Region, while taking care to promote policies compatible with human rights and international humanitarian law, democratic standards and the principles of good governance, transparency and respect for the rule of law. |
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(6) |
On 14 June 2010, the Council adopted Decision 2010/329/CFSP amending and extending for an additional period of three months Joint Action 2007/405/CFSP on the European Union police mission undertaken in the framework of SSR and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo) (3). |
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(7) |
In order to increase the coordination, consistency and complementarity of the EU's activities in the DRC, making maximum use of the new European institutional framework, there should be enhanced coordination of EU action between the two missions, between the European players in the DRC and between Brussels and Kinshasa. |
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(8) |
On 11 August 2010, the Council adopted Decision 2010/440/CFSP (4) extending the mandate of Mr Roeland VAN DE GEER as the EU Special Representative (EUSR) for the African Great Lakes Region. |
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(9) |
On 29 July 2010, the Council approved the crisis management concept for the commitment of common security and defence policy missions in support of security sector reform in the DRC. |
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(10) |
Third States should participate in the project in accordance with the general guidelines defined by the European Council. |
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(11) |
The current security situation in the DRC may deteriorate, with potentially serious repercussions for the process of strengthening democracy, the rule of law and international and regional security. A continued commitment of EU political effort and resources will help to embed stability in the region, |
HAS ADOPTED THIS DECISION:
Article 1
Mission
1. The European Union (EU) is conducting a mission to provide advice and assistance for security sector reform (SSR) in the Democratic Republic of the Congo (DRC), hereinafter referred to as ‘EUSEC RD Congo’ or ‘the mission’, with the aim of assisting the Congolese authorities in setting up a defence apparatus capable of guaranteeing the security of the Congolese people, while respecting democratic standards, human rights and the rule of law, as well as the principles of good governance and transparency.
2. The mission shall operate in accordance with the mission statement set out in Article 2.
Article 2
Mission statement
1. The mission shall aim, in close cooperation and coordination with the other actors in the international community, in particular the United Nations and MONUSCO, and in pursuit of the objectives laid down in Article 1, to provide practical support in the field of SSR, creating conditions to facilitate the implementation in the short and medium term of activities and projects based on the guidelines adopted by the Congolese authorities in the plan for reform of the FARDC as set out in the mission action programme, including:
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(a) |
maintaining support at strategic level; |
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(b) |
supporting the consolidation of the administration and the introduction of a human resources management system based on the work in progress; |
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(c) |
supporting the modernisation of logistics; |
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(d) |
supporting a relaunch of the training system, particularly for executive staff, mainly through support for the School of Administration and Military Academy project in Kananga and for studies for the School of Logistics in Kinshasa; |
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(e) |
pursuing activities relating to the campaign against impunity in the areas of respect for human rights, including sexual violence. |
2. The mission shall advise the Member States and shall coordinate and facilitate, under their responsibility, the implementation of their projects in fields which are of interest to the mission and in furtherance of its objectives.
Article 3
Structure of the mission and deployment zone
1. The mission shall have headquarters in Kinshasa consisting of:
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(a) |
a leadership; |
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(b) |
an administrative support and logistics department; |
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(c) |
a department of defence experts responsible for assisting and supporting the Congolese in carrying out specific actions in the areas of administration, human resources, logistics and training; |
|
(d) |
an advice and assistance department, including advisers deployed in the east of the DRC and responsible for contributing to work on SSR carried out by the Congolese administration; and |
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(e) |
a planning cell. |
2. The main deployment zone shall be Kinshasa. Seconded advisers might also be deployed in the military regions in the east of the DRC. Movements of experts and their temporary presence in the military regions might also prove necessary, on the instructions of the Head of Mission.
Article 4
Planning
The Head of Mission shall draw up an implementation plan (OPLAN) for the mission, to be submitted for approval by the Council. He shall be assisted in this task by the departments under the authority of the High Representative of the Union for Foreign Affairs and Security Policy (HR).
Article 5
Head of Mission
1. The Head of Mission shall assume day-to-day management of the mission and shall be responsible for staff and disciplinary matters.
2. All seconded staff shall remain under the full command of the national authorities of the sending State or the EU institution concerned. National authorities shall transfer operational control (OPCON) of their personnel to the Head of Mission.
3. The Head of Mission shall be responsible for disciplinary matters relating to staff. In the case of seconded staff, disciplinary action shall be exercised by the national authorities or EU institution concerned.
4. In the context of the mission statement as set out in Article 2, the Head of Mission shall be authorised to have recourse to financial contributions from the Member States to implement projects identified as supplementing in a consistent manner the mission's other actions, in two specific cases: either the project is provided for in the financial statement relating to this Decision or it is incorporated in the course of the mission by amending the financial statement at the request of the Head of Mission.
The Head of Mission shall conclude an arrangement with the Member States concerned. This arrangement shall in particular cover the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by the Head of Mission in the use of the funds provided by the contributing Member States.
Under no circumstances may the EU or the HR be held liable by contributing Member States as a result of acts or omissions by the Head of Mission in the use of funds from those States.
5. The Head of Mission shall sign a contract with the Commission to execute the budget for the mission.
6. The Head of Mission shall collaborate closely, in his area of competence, with the Head of the EU Delegation, the heads of Member States' missions in Kinshasa and the EU Special Representative (EUSR).
Article 6
Staff
1. Mission experts shall be seconded by Member States and by the EU institutions. Except for the Head of Mission, each Member State or institution shall bear the costs relating to the experts seconded, including travel expenses to and from the DRC, salaries, medical coverage and allowances other than daily allowances.
2. International civilian staff and local staff shall be recruited on a contractual basis by the mission as required.
3. All mission experts shall remain under the authority of the appropriate Member State or EU institution, and shall fulfil their duties and act in the interest of the mission. Both during and after the mission, mission experts shall exercise the greatest discretion with regard to all facts and information relating to the mission.
Article 7
Chain of command
1. The mission shall have a unified chain of command.
2. The Head of Mission shall lead the mission and assume its day-to-day management.
3. The Head of Mission shall report to the HR.
Article 8
Political control and strategic direction
1. Under the responsibility of the Council and the HR, the Political and Security Committee (PSC) shall exercise the political control and strategic direction of the mission. The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 38(3) of the Treaty on European Union (TEU). This authorisation shall include the power to amend the implementation plan. It shall also include powers necessary to take decisions regarding the appointment of the Head of Mission. The power of decision with respect to the objectives and termination of the mission shall remain vested in the Council, assisted by the HR.
2. The PSC shall report to the Council at regular intervals.
3. The PSC shall receive reports by the Head of Mission at regular intervals, through the HR. The PSC may invite the Head of Mission to its meetings as appropriate.
Article 9
Financial provisions
1. The financial reference amount to cover expenditure relating to the mission shall be EUR 12 600 000 for the period from 1 October 2010 to 30 September 2011.
2. As regards expenditure financed out of the amount stipulated in paragraph 1, the following shall apply:
|
(a) |
expenditure shall be managed in accordance with the EU rules and procedures applicable to the budget. Nationals of third States shall be allowed to tender for contracts; |
|
(b) |
the Head of Mission shall report fully to, and be supervised by, the Commission regarding the activities undertaken in the framework of his contract. |
3. The financial arrangements shall respect the operational requirements of the mission, including compatibility of equipment.
4. The expenditure connected with the mission shall be eligible as from the entry into force of this Decision.
Article 10
Participation by third States
1. Without prejudice to the decision-making autonomy of the EU and the single institutional framework, the Council authorises the PSC to invite third States to propose to contribute to the mission, provided that they bear the cost of the staff seconded by them, including salaries, all risks insurance cover, daily allowances and travel expenses to and from the DRC, and that they contribute to the running costs of the mission, as appropriate.
2. Third States contributing to the mission shall have the same rights and obligations in terms of day-to-day management of the mission as Member States.
3. The Council hereby authorises the PSC to take the relevant decisions on acceptance of the contributions proposed and to establish a Committee of Contributors.
4. Detailed arrangements regarding the participation of third States shall be covered by agreements concluded pursuant to Article 37 of the TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union (TFEU) and additional technical arrangements if necessary. Where the EU and a third State have concluded an agreement establishing a framework for the third State's participation in EU crisis-management operations, the provisions of that agreement shall apply in the context of the mission.
Article 11
Implementation and consistency of the EU's response
1. The HR shall be responsible for the implementation of this Decision and shall also ensure that it is consistent with the EU's external action as a whole, including the EU's development programmes.
2. The Head of Mission shall assist the HR in implementing this Decision.
Article 12
Coordination
1. Arrangements for the coordination of the EU's activities in the DRC shall be established in Kinshasa as well as in Brussels.
2. Without prejudice to the chain of command, the Head of the EUSEC RD Congo mission and the Head of the EUPOL RD Congo mission shall coordinate their activities closely and shall seek synergies between the two missions, particularly as regards the horizontal aspects of SSR in the DRC, and as regards the sharing of functions between the two missions, particularly in relation to crosscutting areas.
3. The Head of Mission shall ensure that EUSEC RD Congo closely coordinates its activities in support of the reform of the FARDC with the Government of the DRC, the United Nations, via the MONUSCO mission, and the third States involved in the defence area of the SSR process in the DRC.
4. The Head of the EU delegation in Kinshasa shall provide local political guidelines for the EUSEC RD Congo mission within the general framework defined by the planning documents, without prejudice to the EUSR's brief.
5. The Head of the EU delegation and the Head of the EUSEC RD Congo mission shall establish the appropriate arrangements for information/consultation, particularly as regards the political aspects which may have an impact on the conduct of the mission. Likewise, the Head of the EUSEC RD Congo mission shall inform the Head of the EU delegation of all contacts at his level which may have a political impact.
6. The Head of the EUSEC RD Congo mission (or his representative) shall also act as defence adviser to the Head of the delegation, without prejudice to each player's existing chains of command. In that context, there shall be constant contact between the mission and the EU delegation.
7. As part of his brief, the EUSR shall, where necessary, provide the EUSEC RD Congo mission with political advice on the regional dimension, particularly as regards the Nairobi, Goma and Juba processes.
Article 13
Release of classified information
1. The HR shall be authorised to release to third States associated with this Decision EU classified information and documents up to the level ‘CONFIDENTIEL UE’ generated for the purposes of the operation, in accordance with the Council's security regulations (5).
2. The HR shall be authorised to release to the United Nations, in accordance with the operational needs of the mission, EU classified information and documents up to the level ‘RESTREINT UE’ generated for the purposes of the operation, in accordance with the Council's security regulations. Local arrangements shall be established for this purpose.
3. In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State EU classified information and documents up to the level ‘RESTREINT UE’ generated for the purposes of the operation, in accordance with the Council's security regulations. In all other cases, such information and documents shall be released to the host State in accordance with procedures appropriate to the host State's level of cooperation with the EU.
4. The HR shall be authorised to release to third States associated with this Decision EU non-classified documents relating to the deliberations of the Council with regard to the operation and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (6).
Article 14
Status of the mission and of its staff
1. The status of mission staff, including where appropriate the privileges, immunities and any further guarantees necessary for the completion and smooth functioning of the mission, shall be agreed pursuant to Article 37 of the TEU and in accordance with the procedure laid down in Article 218(3) of the TFEU.
2. The State or EU institution having seconded a staff member shall be responsible for dealing with any complaints linked to the secondment, from or concerning the staff member. The State or EU institution in question shall be responsible for bringing any action against the person seconded.
3. The conditions of employment and the rights and obligations of international and local civilian personnel shall be set out in a contract concluded between the Head of Mission and the staff member.
Article 15
Security
1. The Head of Mission shall be responsible for the security of the EUSEC RD Congo mission.
2. The Head of Mission shall exercise this responsibility in accordance with EU directives on the security of staff deployed outside EU territory in an operational mission decided on pursuant to Title V, Chapter 2, of the TEU and related documents.
3. The Head of Mission shall be assisted by a Mission Security Officer (MSO) who shall report to him and shall also have a functional link with the Council Security Office.
4. Appropriate training in security measures shall be provided for all staff, in accordance with the OPLAN. A reminder of security instructions shall be given regularly by the MSO.
Article 16
Review of the mission
On the basis of an evaluation report drafted by the departments under the authority of the HR halfway through the mission and presented in June 2011 at the latest, the PSC shall approve recommendations to the Council with a view to reviewing the progress of the reform of the FARDC and evaluating the impact of the mission on the implementation of specific measures to support the plan for reform of the FARDC. The evaluation shall be based, inter alia, on progress indicators and on specific operational indicators detailed in the OPLAN.
Article 17
Entry into force and duration
This Decision shall enter into force on 1 October 2010.
It shall apply until 30 September 2012.
Done at Brussels, 21 September 2010.
For the Council
The President
S. VANACKERE
(1) Council Joint Action 2005/355/CFSP of 2 May 2005 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (DRC) (OJ L 112, 3.5.2005, p. 20).
(2) OJ L 246, 18.9.2009, p. 33.
(3) OJ L 149, 15.6.2010, p. 11.
(4) OJ L 211, 12.8.2010, p. 20.
(5) Decision 2001/264/EC (OJ L 101, 11.4.2001, p. 1).
(6) Council Decision 2009/937/EU (OJ L 325, 11.12.2009, p. 35).
ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS
|
22.9.2010 |
EN |
Official Journal of the European Union |
L 248/64 |
DECISION No 1/2010 OF THE EU-ALGERIA ASSOCIATION COUNCIL
of 3 August 2010
amending Article 15(7) of Protocol 6 to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
(2010/566/EU)
THE ASSOCIATION COUNCIL,
Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, and in particular Article 39 of Protocol 6 thereto,
Whereas:
|
(1) |
Article 15(7) of Protocol 6 (1) to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (2) (hereafter referred to as ‘the Agreement’), allows drawback of, or exemption from, customs duties or charges having an equivalent effect, subject to certain conditions, until 31 December 2009. |
|
(2) |
To provide clarity, long-term economic predictability and legal certainty for economic operators, the Parties to the Agreement have agreed to extend the application period of Article 15(7) of Protocol 6 to the Agreement by three years, with effect from 1 January 2010. |
|
(3) |
Moreover, the rates of customs charges currently applicable in Algeria should be adjusted to bring them into line with those that apply in the European Union. |
|
(4) |
Protocol 6 to the Agreement should therefore be amended accordingly. |
|
(5) |
Since Article 15(7) of Protocol 6 to the Agreement no longer applies as of 31 December 2009, this Decision should apply from 1 January 2010, |
HAS ADOPTED THIS DECISION:
Article 1
Article 15(7) of Protocol 6 to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, is replaced by the following:
‘7. Notwithstanding paragraph 1, Algeria may, except for products falling within Chapters 1 to 24 of the Harmonised System, apply arrangements for drawback of, or exemption from, customs duties or charges having an equivalent effect, applicable to non-originating materials used in the manufacture of originating products, subject to the following provisions:
|
(a) |
a 4 % rate of customs charge shall be retained in respect of products falling within Chapters 25 to 49 and 64 to 97 of the Harmonised System, or such lower rate as is in force in Algeria; |
|
(b) |
an 8 % rate of customs charge shall be retained in respect of products falling within Chapters 50 to 63 of the Harmonised System, or such lower rate as is in force in Algeria. |
This paragraph shall apply until 31 December 2012 and may be reviewed by common accord.’
Article 2
This Decision shall enter into force on the day of its adoption.
It shall apply from 1 January 2010.
Done at Brussels, 3 August 2010.
For the EU-Algeria Association Council
The President
C. ASHTON
|
22.9.2010 |
EN |
Official Journal of the European Union |
L 248/66 |
DECISION No 1/2010 OF THE EU-MOROCCO ASSOCIATION COUNCIL
of 23 August 2010
amending Article 15(7) of Protocol 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
(2010/567/EU)
THE ASSOCIATION COUNCIL,
Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, and in particular Article 39 of Protocol 4 thereto,
Whereas:
|
(1) |
Article 15(7) of Protocol 4 (1) to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (2) (hereafter referred to as ‘the Agreement’), allows drawback of, or exemption from, customs duties or charges having an equivalent effect, subject to certain conditions, until 31 December 2009. |
|
(2) |
To provide clarity, long-term economic predictability and legal certainty for economic operators, the Parties to the Agreement have agreed to extend the application period of Article 15(7) of Protocol 4 to the Agreement by three years, with effect from 1 January 2010. |
|
(3) |
Moreover, the rates of customs charges currently applicable in Morocco should be adjusted to bring them into line with those that apply in the European Union. |
|
(4) |
Protocol 4 to the Agreement should therefore be amended accordingly. |
|
(5) |
Since Article 15(7) of Protocol 4 to the Agreement no longer applies as of 31 December 2009, this Decision should apply from 1 January 2010, |
HAS ADOPTED THIS DECISION:
Article 1
Article 15(7) of Protocol 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, is replaced by the following:
‘7. Notwithstanding paragraph 1, Morocco may, except for products falling within Chapters 1 to 24 of the Harmonised System, apply arrangements for drawback of, or exemption from, customs duties or charges having an equivalent effect, applicable to non-originating materials used in the manufacture of originating products, subject to the following provisions:
|
(a) |
a 4 % rate of customs charge shall be retained in respect of products falling within Chapters 25 to 49 and 64 to 97 of the Harmonised System, or such lower rate as is in force in Morocco; |
|
(b) |
an 8 % rate of customs charge shall be retained in respect of products falling within Chapters 50 to 63 of the Harmonised System, or such lower rate as is in force in Morocco. |
This paragraph shall apply until 31 December 2012 and may be reviewed by common accord.’
Article 2
This Decision shall enter into force on the day of its adoption.
It shall apply from 1 January 2010.
Done at Brussels, 23 August 2010.
For the EU-Morocco Association Council
The President
C. ASHTON
Corrigenda
|
22.9.2010 |
EN |
Official Journal of the European Union |
L 248/67 |
Corrigendum to Commission Regulation (EU) No 401/2010 of 7 May 2010 amending and correcting Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products
( Official Journal of the European Union L 117 of 11 May 2010 )
On page 32, in Annex I, in the text of the new Annex XII to Regulation (EC) No 607/2009, Part B, CZECH REPUBLIC:
for:
|
‘Burčák |
Czech |
PDO (1) |
Partially fermented grape must, where the actual alcohol content is higher than one volume percentage and lower than three fifths of the total alcohol content.’ |
|
read:
|
‘Burčák |
Czech |
PDO (11) |
Partially fermented grape must, where the actual alcohol content is higher than one volume percentage and lower than three fifths of the total alcohol content.’ |
|