ISSN 1725-2555 doi:10.3000/17252555.L_2011.247.eng |
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Official Journal of the European Union |
L 247 |
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English edition |
Legislation |
Volume 54 |
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(1) Text with EEA relevance |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
24.9.2011 |
EN |
Official Journal of the European Union |
L 247/1 |
COUNCIL IMPLEMENTING REGULATION (EU) No 949/2011
of 22 September 2011
implementing Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire
THE COUNCIL OF THE EUROPEAN UNION
Having regard to Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire (1), and in particular Article 11a(2) thereof,
Whereas:
(1) |
On 12 April 2005, the Council adopted Regulation (EC) No 560/2005. |
(2) |
In view of the developments in Côte d’Ivoire, the list of natural and legal persons, entities or bodies subject to restrictive measures set out in Annex IA to Regulation (EC) No 560/2005 should be amended. |
(3) |
In view of the urgency, and in order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately upon its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
The natural persons listed in the Annex to this Regulation shall be deleted from the list set out in Annex IA to Regulation (EC) No 560/2005.
Article 2
This Regulation shall enter into force on the date 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, 22 September 2011.
For the Council
The President
M. DOWGIELEWICZ
ANNEX
Natural persons referred to in Article 1
2. |
Lieutenant-Colonel Nathanaël Ahouman Brouha |
19. |
Mr Yao N’Dré |
52. |
Mr Timothée Ahoua N’Guetta |
53. |
Mr Jacques André Daligou Monoko |
54. |
Mr Bruno Walé Ekpo |
55. |
Mr Félix Tano Kouakou |
56. |
Ms Hortense Kouassi Angoran |
57. |
Ms Joséphine Suzanne Touré |
79. |
Colonel Major Hilaire Babri Gohourou |
89. |
Mr Roland Dagher |
105. |
Zakaria Fellah |
107. |
Charles Kader Gore |
109. |
Kadio Morokro Mathieu |
24.9.2011 |
EN |
Official Journal of the European Union |
L 247/3 |
COUNCIL REGULATION (EU) No 950/2011
of 23 September 2011
amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2011/273/CFSP of 9 May 2011 concerning restrictive measures against Syria (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) |
On 9 May 2011, the Council adopted Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (2). |
(2) |
By Regulation (EU) No 878/2011 (3), the Council amended Regulation (EU) No 442/2011 to extend the measures against Syria, including an expansion of the listing criteria, and a prohibition on the purchase, import or transportation from Syria of crude oil. |
(3) |
By Council Decision 2011/628/CFSP (4) which amended Decision 2011/273/CFSP, the Council agreed on the adoption of further measures, namely a prohibition on investment in the crude oil sector, the addition of further listings, the prohibition of the delivery of Syrian banknotes and coins to the Central Bank of Syria and some adjustments to the provisions protecting economic operators against claims related to the implementation of sanctions. |
(4) |
Those measures fall within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to implement them, in particular with a view to ensuring their uniform application by economic operators in all Member States. |
(5) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately upon its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 442/2011 is hereby amended as follows:
(1) |
In Article 1, the following point is inserted:
|
(2) |
The following Article is inserted: ‘Article 2a It shall be prohibited to sell, supply, transfer or export, directly or indirectly, new Syrian denominated banknotes and coinage, printed or minted in the European Union, to the Central Bank of Syria.’; |
(3) |
The following Article is inserted: ‘Article 3c 1. The following shall be prohibited:
2. The prohibitions in paragraph 1 shall apply to any Syrian person, entity or body engaged in the exploration, production or refining of crude oil. 3. For the purposes of paragraph 2 only, the following definitions shall apply:
4. The prohibitions in paragraph 1:
|
(4) |
Article 10a is replaced by the following: ‘Article 10a No claims, including for compensation or indemnification or any other claim of this kind, such as a claim of set-off, fines or claims under a guarantee, claims for extension or payment of a bond, financial guarantee, including claims arising from letters of credit and similar instruments in connection with any contract or transaction the performance of which was affected, directly or indirectly, in whole or in part, by the measures imposed by this Regulation, shall be granted to the Government of Syria, its public bodies, corporations and agencies, or to any person or entity claiming through it or for its benefit.’. |
Article 2
Annex II to Regulation (EU) No 442/2011 is hereby amended in accordance with Annex I to this Regulation.
Article 3
Annex IV to Regulation (EU) No 442/2011 is hereby replaced by the text set out in Annex II to this Regulation.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 September 2011.
For the Council
The President
M. DOWGIELEWICZ
(1) OJ L 121, 10.5.2011, p. 11.
(2) OJ L 121, 10.5.2011, p. 1.
(4) See page 17 of this Official Journal.
ANNEX I
In Annex II to Regulation (EU) No 442/2011, the following entries are added:
Persons
|
Name |
Identifying information |
Reasons |
Date of listing |
1. |
Tayseer Qala Awwad |
DoB: 1943; PoB Damascus |
Minister of Justice. Associated with the Syrian regime, including by supporting its policies and practices of arbitrary arrest and detention. |
23.09.2011 |
2. |
Dr. Adnan Hassan Mahmoud |
DoB: 1966; PoB Tartous |
Minister of Information. Associated with the Syrian regime, including by supporting and promoting its information policy. |
23.09.2011 |
Entities
|
Name |
Identifying information |
Reasons |
Date of listing |
||||||||
1. |
Addounia TV (a.k.a. Dounia TV) |
Telephone:+963-11-5667274, +963-11-5667271, Fax:+963-11-5667272 Website: http://www.addounia.tv |
Addounia TV has incited violence against the civilian population in Syria. |
23.09.2011 |
||||||||
2. |
Cham Holding |
|
Controlled by Rami Makhlouf; largest holding company in Syria, benefiting from and supporting the regime. |
23.09.2011 |
||||||||
3. |
El-Tel Co. (a.k.a. El-Tel Middle East Company) |
|
Manufacturing and supplying telecommunication equipment for the Army. |
23.09.2011 |
||||||||
4. |
Ramak Constructions Co. |
|
Construction of military barracks, border post barracks and other buildings for Army needs. |
23.09.2011 |
||||||||
5. |
Souruh Company (a.k.a. SOROH Al Cham Company) |
|
Investment in local military industrial projects, manufacturing weapons parts and related items. 100 % of the company is owned by Rami Makhlouf. |
23.09.2011 |
||||||||
6. |
Syriatel |
|
Controlled by Rami Makhlouf; provides financial support to the regime: through its licensing contract it pays 50 % of its profits to the Government. |
23.09.2011 |
ANNEX II
‘ANNEX IV
List of Petroleum Products
HS Code |
Description |
2709 00 |
Petroleum oils and oils obtained from bituminous minerals, crude: |
2710 |
Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils: |
2712 |
Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured: |
2713 |
Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals: |
2714 |
Bitumen and asphalt, natural; bituminous or oil-shale and tar sands; asphaltites and asphaltic rocks: |
2715 00 00 |
Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs)’ |
24.9.2011 |
EN |
Official Journal of the European Union |
L 247/8 |
COMMISSION IMPLEMENTING REGULATION (EU) No 951/2011
of 23 September 2011
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
Whereas:
Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 24 September 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 September 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
||
CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
AR |
25,3 |
EC |
25,3 |
|
MK |
53,6 |
|
XS |
31,8 |
|
ZZ |
34,0 |
|
0707 00 05 |
MK |
20,0 |
TR |
106,2 |
|
ZZ |
63,1 |
|
0709 90 70 |
TR |
124,7 |
ZZ |
124,7 |
|
0805 50 10 |
AR |
65,5 |
CL |
75,7 |
|
TR |
74,0 |
|
UY |
57,5 |
|
ZA |
75,7 |
|
ZZ |
69,7 |
|
0806 10 10 |
CL |
69,0 |
EG |
116,3 |
|
IL |
136,9 |
|
MK |
82,2 |
|
TR |
107,5 |
|
ZA |
63,5 |
|
ZZ |
95,9 |
|
0808 10 80 |
BZ |
86,4 |
CL |
135,4 |
|
CN |
82,6 |
|
NZ |
114,0 |
|
US |
123,7 |
|
ZA |
126,7 |
|
ZZ |
111,5 |
|
0808 20 50 |
AR |
47,4 |
CN |
78,7 |
|
TR |
114,2 |
|
ZA |
61,3 |
|
ZZ |
75,4 |
|
0809 30 |
TR |
158,6 |
ZZ |
158,6 |
(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’.
24.9.2011 |
EN |
Official Journal of the European Union |
L 247/10 |
COMMISSION IMPLEMENTING REGULATION (EU) No 952/2011
of 23 September 2011
on the issue of licences for importing rice under the tariff quotas opened for the September 2011 subperiod by Regulation (EC) No 327/98
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 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Having regard to Commission Regulation (EC) No 327/98 of 10 February 1998 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (3), and in particular the first paragraph of Article 5 thereof,
Whereas:
(1) |
Regulation (EC) No 327/98 opened and provided for the administration of certain import tariff quotas for rice and broken rice, broken down by country of origin and split into several subperiods in accordance with Annex IX to that Regulation. |
(2) |
September is the fourth subperiod for the quotas laid down in Article 1(1)(a) of Regulation (EC) No 327/98, the third subperiod for the quotas laid down in Article 1(1)(d) and the first subperiod for the quota laid down in Article 1(1)(e). |
(3) |
The notifications presented under Article 8(a) of Regulation (EC) No 327/98 show that, for the quotas with order numbers 09.4112 – 09.4168, the applications lodged in the first ten working days of September 2011 under Article 4(1) of the Regulation cover a quantity greater than that available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested under the quotas in question. |
(4) |
It is also clear from the notifications that, for the quotas with order numbers 09.4127 – 09.4128 – 09.4129 – 09.4130 – 09.4116 – 09.4117 – 09.4118, the applications lodged in the first ten working days of September 2011 under Article 4(1) of the Regulation cover a quantity less than that available. |
(5) |
The quantities not used for the September subperiod of the quotas with order numbers 09.4127 – 09.4128 – 09.4129 – 09.4130 are transferred to the quota bearing the order number 09.4138 for the following subperiod under Article 2 of Regulation (EC) No 327/98. |
(6) |
The total quantities available for the following subperiod should therefore be fixed for the quotas with order numbers 09.4138 and 09.4168, in accordance with the first paragraph of Article 5 of Regulation (EC) No 327/98. |
(7) |
In order to ensure sound management of the procedure of issuing import licences, the present Regulation should enter into force immediately after its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
1. For import licence applications for rice under the quotas with order numbers 09.4112 – 09.4168 as referred to in Regulation (EC) No 327/98 lodged in the first ten working days of September 2011, licences shall be issued for the quantities requested, multiplied by the allocation coefficients set out in the Annex to this Regulation.
2. The total quantities available under the quotas with order numbers 09.4138 and 09.4168 as referred to in Regulation (EC) No 327/98 for the following subperiod are set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 September 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
ANNEX
to be allocated for the September 2011 subperiod and quantities available for the following subperiod under Regulation (EC) No 327/98
(a) Quota for wholly milled or semi-milled rice falling within CN code 1006 30 laid down in Article 1(1)(a) of Regulation (EC) No 327/98:
Origin |
Order number |
Allocation coefficient for the September 2011 subperiod |
Total quantities available for the October 2011 subperiod (kg) |
United States of America |
09.4127 |
— (1) |
|
Thailand |
09.4128 |
— (1) |
|
Australia |
09.4129 |
— (1) |
|
Other origins |
09.4130 |
— (2) |
|
All countries |
09.4138 |
|
705 795 |
(b) Quota for wholly milled or semi-milled rice falling within CN code 1006 30 laid down in Article 1(1)(d) of Regulation (EC) No 327/98:
Origin |
Order number |
Allocation coefficient for the September 2011 subperiod |
Thailand |
09.4112 |
8,333333 % |
United States of America |
09.4116 |
— (3) |
India |
09.4117 |
— (3) |
Pakistan |
09.4118 |
— (3) |
Other origins |
09.4119 |
— (4) |
All countries |
09.4166 |
— (4) |
(c) Quota for broken rice falling within CN code 1006 40 laid down in Article 1(1)(e) of Regulation (EC) No 327/98:
Origin |
Order number |
Allocation coefficient for the September 2011 subperiod |
Total quantities available for the October 2011 subperiod (kg) |
All countries |
09.4168 |
1,260196 % |
0 |
(1) Applications cover quantities less than or equal to the quantities available: all applications are therefore acceptable.
(2) No award coefficient applied for this subperiod: no licence applications were notified to the Commission.
(3) No award coefficient applied for this subperiod: no licence applications were notified to the Commission.
(4) No quantity remaining available for this subperiod.
24.9.2011 |
EN |
Official Journal of the European Union |
L 247/13 |
COMMISSION IMPLEMENTING REGULATION (EU) No 953/2011
of 23 September 2011
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
(1) |
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Implementing Regulation (EU) No 948/2011 (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, |
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year, are hereby amended as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 24 September 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 September 2011.
For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
Director-General for Agriculture and Rural Development
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 178, 1.7.2006, p. 24.
ANNEX
Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 24 September 2011
(EUR) |
||
CN code |
Representative price per 100 kg net of the product concerned |
Additional duty per 100 kg net of the product concerned |
1701 11 10 (1) |
45,34 |
0,00 |
1701 11 90 (1) |
45,34 |
1,30 |
1701 12 10 (1) |
45,34 |
0,00 |
1701 12 90 (1) |
45,34 |
1,01 |
1701 91 00 (2) |
48,57 |
2,90 |
1701 99 10 (2) |
48,57 |
0,00 |
1701 99 90 (2) |
48,57 |
0,00 |
1702 90 95 (3) |
0,49 |
0,22 |
(1) For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.
(2) For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.
(3) Per 1 % sucrose content.
DECISIONS
24.9.2011 |
EN |
Official Journal of the European Union |
L 247/15 |
COUNCIL IMPLEMENTING DECISION 2011/627/CFSP
of 22 September 2011
implementing Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Decision 2010/656/CFSP of 29 October 2010 renewing the restrictive measures against Côte d’Ivoire (1), and in particular Article 6(2) thereof, in conjunction with Article 31(2) of the Treaty on European Union,
Whereas:
(1) |
On 29 October 2010, the Council adopted Decision 2010/656/CFSP. |
(2) |
In view of the developments in Côte d’Ivoire, the list of persons and entities subject to restrictive measures set out in Annex II to Decision 2010/656/CFSP should be amended, |
HAS ADOPTED THIS DECISION:
Article 1
The persons listed in the Annex to this Decision shall be deleted from the list set out in Annex II to Decision 2010/656/CFSP.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 22 September 2011.
For the Council
The President
M. DOWGIELEWICZ
ANNEX
Persons referred to in Article 1
2. |
Lieutenant-Colonel Nathanaël Ahouman Brouha |
19. |
Mr Yao N’Dré |
52. |
Mr Timothée Ahoua N’Guetta |
53. |
Mr Jacques André Daligou Monoko |
54. |
Mr Bruno Walé Ekpo |
55. |
Mr Félix Tano Kouakou |
56. |
Ms Hortense Kouassi Angoran |
57. |
Ms Joséphine Suzanne Touré |
79. |
Colonel Major Hilaire Babri Gohourou |
89. |
Mr Roland Dagher |
105. |
Zakaria Fellah |
107. |
Charles Kader Gore |
109. |
Kadio Morokro Mathieu |
24.9.2011 |
EN |
Official Journal of the European Union |
L 247/17 |
COUNCIL DECISION 2011/628/CFSP
of 23 September 2011
amending Decision 2011/273/CFSP concerning restrictive measures against Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1) |
On 9 May 2011, the Council adopted Decision 2011/273/CFSP concerning restrictive measures against Syria. (1) |
(2) |
In light of the seriousness of the situation in Syria, the Union has decided to adopt additional restrictive measures against the Syrian regime. |
(3) |
Investment in key sectors in the oil industry in Syria should be prohibited. |
(4) |
The delivery of Syrian denominated banknotes and coinage to the Central Bank of Syria should be prohibited. |
(5) |
Additional persons and entities should be subject to the restrictive measures set out in Decision 2011/273/CFSP. |
(6) |
The information relating to certain persons on the list in the Annex to that Decision should be updated. |
(7) |
Decision 2011/273/CFSP should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2011/273/CFSP is hereby amended as follows:
(1) |
Article 2b is replaced by the following: ‘Article 2b The following shall be prohibited:
|
(2) |
The following Articles are added: ‘Article 2c 1. The prohibitions in Article 2a shall be without prejudice to the execution, until 15 November 2011, of obligations provided for in contracts concluded before 2 September 2011. 2. The prohibitions in Article 2b(a) and (b) respectively:
Article 2d The delivery of Syrian denominated banknotes and coinage to the Central Bank of Syria shall be prohibited.’; |
(3) |
Article 4(3)(e) is replaced by the following:
|
Article 2
The persons and entities listed in Annex I to this Decision shall be added to the list set out in the Annex to Decision 2011/273/CFSP.
Article 3
In the Annex to Decision 2011/273/CFSP, the entries for the following persons:
(1) |
Emad GHRAIWATI; |
(2) |
Tarif AKHRAS; |
(3) |
Issam ANBOUBA, |
shall be replaced by the entries set out in Annex II to this Decision.
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 23 September 2011.
For the Council
The President
M. DOWGIELEWICZ
ANNEX I
Persons and entities referred to in Article 2
Persons
|
Name |
Identifying information |
Reasons |
Date of listing |
1. |
Tayseer Qala Awwad |
DoB: 1943; PoB Damascus |
Minister of Justice. Associated with the Syrian regime, including by supporting its policies and practices of arbitrary arrest and detention. |
23.09.2011 |
2. |
Dr. Adnan Hassan Mahmoud |
DoB: 1966; PoB Tartous |
Minister of Information. Associated with the Syrian regime, including by supporting and promoting its information policy. |
23.09.2011 |
Entities
|
Name |
Identifying information |
Reasons |
Date of listing |
||||||||
1. |
Addounia TV (a.k.a. Dounia TV) |
Telephone: +963-11-5667274, +963-11-5667271, Fax: +963-11-5667272 Website: http://www.addounia.tv |
Addounia TV has incited violence against the civilian population in Syria. |
23.09.2011 |
||||||||
2. |
Cham Holding |
|
Controlled by Rami Makhlouf; largest holding company in Syria, benefiting from and supporting the regime. |
23.09.2011 |
||||||||
3. |
El-Tel Co. (a.k.a. El-Tel Middle East Company) |
|
Manufacturing and supplying telecommunication equipment for the Army. |
23.09.2011 |
||||||||
4. |
Ramak Constructions Co. |
|
Construction of military barracks, border post barracks and other buildings for Army needs. |
23.09.2011 |
||||||||
5. |
Souruh Company (a.k.a. SOROH Al Cham Company) |
|
Investment in local military industrial projects, manufacturing weapons parts and related items. 100 % of the company is owned by Rami Makhlouf. |
23.09.2011 |
||||||||
6. |
Syriatel |
|
Controlled by Rami Makhlouf; provides financial support to the regime: through its licensing contract it pays 50 % of its profits to the Government. |
23.09.2011 |
ANNEX II
Persons referred to in Article 3
|
Name |
Identifying information (date of birth, place of birth …) |
Reasons |
Date of listing |
1. |
Emad GHRAIWATI |
DoB: March 1959; PoB: Damascus, Syria |
President of the Damascus Chamber of Industry (Zuhair Ghraiwati Sons). Provides economic support to the Syrian regime. |
2.9.2011 |
2. |
Tarif AKHRAS |
DoB: 1949; PoB: Homs, Syria |
Founder of the Akhras Group (commodities, trading, processing and logistics), Homs. Provides economic support to the Syrian regime. |
2.9.2011 |
3. |
Issam ANBOUBA |
DoB: 1949; PoB: Lattakia, Syria |
President of Issam Anbouba Est. for agro-industry. Provides economic support to the Syrian regime. |
2.9.2011 |
24.9.2011 |
EN |
Official Journal of the European Union |
L 247/22 |
COMMISSION IMPLEMENTING DECISION
of 20 September 2011
amending Annex D to Council Directive 88/407/EEC as regards trade within the Union in semen of domestic animals of the bovine species dispatched from the semen collection and storage centres
(notified under document C(2011) 6425)
(Text with EEA relevance)
(2011/629/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (1), and in particular the second paragraph of Article 17 thereof,
Whereas:
(1) |
Directive 88/407/EEC lays down the animal health conditions applicable to, inter alia, trade within the Union of semen of domestic animals of bovine species and establishes the model animal health certificates for such trade in that commodity. |
(2) |
Directive 88/407/EEC, as amended by Council Directive 2008/73/EC (2), introduces a simplified procedure for the listing of semen collection and storage centres in the Member States. |
(3) |
In addition, Directive 88/407/EEC provides that Member States are to make the admission of semen conditional upon submission of an animal health certificate drawn up by an official veterinarian of the Member State of collection in accordance with Annex D. That Annex sets out three different model animal health certificates, D1, D2 and D3, for trade within the Union in semen of domestic animal of the bovine species. |
(4) |
Annex D to Directive 88/407/EEC should therefore be amended to take account of the simplified procedure for the listing of semen collection and storage centres in the Member States. |
(5) |
Commission Decision 2010/470/EU (3) lays down model health certificates for trade within the Union in semen, ova and embryos of animals of the equine, ovine and caprine species and in ova and embryos of animals of the porcine species. That Decision aimed to ensure full traceability of the commodities concerned collected in a semen collection centre and dispatched from a semen storage centre, whether or not the latter constitute part of a semen collection centre approved under a different approval number. |
(6) |
In the interests of consistency of Union legislation, the structure of model health certificates set out in Decision 2010/470/EU should be taken into account in the model animal health certificates for trade within the Union in semen of domestic animals of bovine species. |
(7) |
In particular, the model animal health certificate in Annex D3 concerns trade within the Union in semen and stocks of semen of domestic animals of the bovine species dispatched from the semen collection and storage centres. |
(8) |
In order to ensure full traceability of the semen, the model animal health certificate in Annex D3 should be supplemented by additional certification requirements and only used for trade in semen collected in a semen collection centre and dispatched from a semen storage centre, whether or not the latter constitute part of a semen collection centre approved under a different approval number. |
(9) |
It is also necessary to adapt the dates in the titles of certificates in Annexes D2 and D3 related to the stocks of semen collected, processed and stored before 31 December 2004 to reflect the provisions of Article 2(1) and (2) of Council Directive 2003/43/EC of 26 May 2003 amending Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (4). |
(10) |
In addition, the model animal health certificates in Annexes D1 and D2 should be adapted to the structure of model health certificates set out in Decision 2010/470/EU. |
(11) |
Annex D to Directive 88/407/EEC should therefore be amended accordingly. |
(12) |
To avoid any disruption of trade, the use of animal health certificates issued in accordance with Annex D to Directive 88/407/EEC, applying until 31 October 2011, should be authorised during a transitional period subject to certain conditions. |
(13) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
Annex D to Directive 88/407/EEC is replaced by the text in the Annex to this Decision.
Article 2
For a transitional period until 31 December 2011, Member States may authorise trade in semen and stocks of semen of domestic animals of the bovine species accompanied by an animal health certificate issued not later than 31 October 2011 in accordance with the models set out in Annex D to Directive 88/407/EEC, applying until 31 October 2011.
Article 3
This Decision shall apply from 1 November 2011.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 20 September 2011.
For the Commission
John DALLI
Member of the Commission
(1) OJ L 194, 22.7.1988, p. 10.
(2) OJ L 219, 14.8.2008, p. 40.
ANNEX
‘ANNEX D
MODEL ANIMAL HEALTH CERTIFICATES FOR TRADE WITHIN THE UNION
‘ANNEX D1
Model of animal health certificate applicable to trade within the Union in semen of domestic animals of the bovine species collected, processed and stored in accordance with Council Directive 88/407/EEC, as amended by Directive 2003/43/EC, dispatched from a semen collection centre where the semen was collected
‘ANNEX D2
Model of animal health certificate applicable from 1 January 2005 to trade within the Union in stocks of semen collected, processed and stored before 31 December 2004 in conformity with the provisions of Council Directive 88/407/EEC, applying until 1 July 2004 and traded after that date in accordance with Article 2(2) of Directive 2003/43/EC, dispatched from a semen collection centre where the semen was collected
‘ANNEX D3
Model of animal health certificate applicable to trade within the Union in semen of domestic animals of the bovine species collected, processed and stored in accordance with Council Directive 88/407/EEC, as amended by Directive 2003/43/EC, and in stocks of semen collected, processed and stored before 31 December 2004 in conformity with the provisions of Council Directive 88/407/EEC, applying until 1 July 2004, and traded after that date in accordance with Article 2(2) of Directive 2003/43/EC, dispatched from a semen storage centre
24.9.2011 |
EN |
Official Journal of the European Union |
L 247/32 |
COMMISSION IMPLEMENTING DECISION
of 20 September 2011
on imports into the Union of semen of domestic animals of the bovine species
(notified under document C(2011) 6426)
(Text with EEA relevance)
(2011/630/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species (1), and in particular Article 8(1), the first subparagraph of Article 10(2), and Article 11(2) thereof,
Whereas:
(1) |
Directive 88/407/EEC lays down the animal health conditions applicable to imports from third countries into the Union of semen of domestic animals of the bovine species. It provides that only semen that comes from a third country included on a list of third countries drawn up in accordance with that Directive and accompanied by an animal health certificate corresponding to a model also drawn up in accordance with that Directive, is to be imported into the Union. The animal health certificate is to certify that semen comes from semen collection and storage centres offering guarantees provided for in Article 9(1) of that Directive. |
(2) |
Commission Decision 2004/639/EC of 6 September 2004 laying down the importation conditions of semen of domestic animals of the bovine species (2) currently sets out the list of third countries from which Member States are to authorise imports of semen of domestic animals of the bovine species in Annex I thereto. |
(3) |
Under Article 8(2) of Directive 88/407/EEC, a Member State may authorise imports of semen of domestic animals of the bovine species only from those third countries which appear on a list to be drawn up in accordance with that Directive. In deciding whether a third country may appear on such a list, particular account is to be taken of various conditions, such as the state of health of the livestock. |
(4) |
Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (3) repealed and replaced Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (4). Regulation (EU) No 206/2010 sets out a list of third countries authorised for the introduction of ungulates into the Union in Annex I thereto. The conditions for the introduction of ungulates, laid down in that Regulation, are similar to the conditions for imports of semen of domestic animals of the bovine species laid down in Directive 88/407/EEC. |
(5) |
There is no scientific evidence suggesting that, with regard to major exotic contagious diseases, the risks arising from the health status of the donor bovine male could be mitigated by treatment of the semen. Accordingly, the list of third countries from which Member States are to authorise imports of semen should be based on the animal health status of the third countries from which imports of live domestic animals of the bovine species are authorised. The list set out in Annex I to Regulation (EU) No 206/2010 includes Chile, Iceland and Saint Pierre and Miquelon. Therefore, those third countries should also be included in the list set out in Annex I to Decision 2004/639/EC. |
(6) |
The model animal health certificate in Part 1 of Annex II to Decision 2004/639/EC includes the animal health conditions for imports of semen of domestic animals of the bovine species into the Union. Currently, the conditions for enzootic bovine leukosis and epizootic haemorrhagic disease in that certificate are not entirely consistent with those set out respectively in Chapter I(1)(c) of Annex B to Directive 88/407/EEC and in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE). As a result, that model animal health certificate should be amended to take account of that provision of that Directive and that Manual. |
(7) |
The model animal health certificate in Part 3 of Annex II to Decision 2004/639/EC applies to imports and transits of semen of domestic animals of the bovine species dispatched from a semen storage centre or a semen collection centre either collected and processed in accordance with the conditions of Directive 88/407/EEC, as amended by Council Directive 2003/43/EC (5), or collected processed and stored before 31 December 2004 in conformity with the provisions of Directive 88/407/EEC applying until 1 July 2003, and imported after 31 December 2004 in accordance with Article 2(2) of Directive 2003/43/EC. |
(8) |
In order to ensure full traceability of the semen, the model animal health certificate in Part 3 of Annex II to Decision 2004/639/EC should be supplemented by additional certification requirements and only used for trade in semen of domestic animals of the bovine species collected in the semen collection centres and dispatched from a semen storage centre, whether or not the latter constitute part of a semen collection centre approved under a different approval number. As a result, the model animal health certificate in Part 3 of Annex II to Decision 2004/639/EC should be adapted accordingly by this Decision. |
(9) |
It is also necessary to adapt by this Decision the dates in the titles of model health certificates in Part 2 and Part 3 of Annex II to Decision 2004/639/EC related to the stocks of semen of domestic animals of the bovine species collected, processed and stored before 31 December 2004 to reflect the provisions of Article 2(1) of Directive 2003/43/EC. |
(10) |
There are bilateral agreements concluded between the Union and certain third countries containing specific conditions for the imports into the Union of semen of domestic animals of the bovine species. Therefore, where the bilateral agreements contain specific conditions and model animal health certificates for imports, those conditions and models should apply instead of the conditions and models set out in this Decision. |
(11) |
On the basis of Directive 88/407/EEC, Canada was recognised as a third country with an animal health status equivalent to that of Member States for imports into the Union of semen of domestic animals of the bovine species. |
(12) |
It is therefore appropriate that semen of domestic animals of the bovine species collected in Canada and imported into the Union from that third country is accompanied by a simplified certificate drawn up in accordance with the model set out in Commission Decision 2005/290/EC of 4 April 2005 on simplified certificates for the importation of bovine semen and fresh pig meat from Canada and amending Decision 2004/639/EC (6) laid down in accordance with the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (7), as approved by Council Decision 1999/201/EC (8). |
(13) |
Switzerland is a third country with an animal health status equivalent to that of Member States. It is therefore appropriate that semen of domestic animals of the bovine species imported into the Union from Switzerland is accompanied by an animal health certificate drawn up in accordance with the models used for trade within the Union in semen of domestic animals of the bovine species set out in Annex D to Directive 88/407/EEC, with the adaptations set out in point 4 of Chapter VII(B) of Appendix 2 of Annex 11 to the Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products, as approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (9). |
(14) |
In the interest of clarity and consistency of Union legislation, Decision 2004/639/EC should be repealed and replaced by this Decision. |
(15) |
To avoid any disruption of trade, the use of animal health certificates issued in accordance with Decision 2004/639/EC should be authorised during a transitional period subject to certain conditions. |
(16) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
Subject matter
This Decision lays down a list of third countries or parts thereof from which Members States shall authorise imports into the Union of semen of domestic animals of the bovine species (semen).
It also lays down certification requirements for the imports of semen into the Union.
Article 2
Imports of semen
1. Member States shall authorise imports of semen provided that it complies with the following conditions:
(a) |
it comes from a third country or part thereof listed in Annex I; |
(b) |
it comes from a semen collection or storage centre listed in accordance with Article 9(2) of Directive 88/407/EEC; |
(c) |
it is accompanied by an animal health certificate drawn up in accordance with the following model animal health certificates set out in Part 1 of Annex II, and completed in accordance with the explanatory notes set out in Part 2 of that Annex:
|
(d) |
it complies with the requirements set out in the animal health certificates referred to in point (c). |
2. Where specific animal health and certification conditions are laid down in bilateral agreements between the Union and third countries, those conditions shall apply instead of the conditions in paragraph 1.
Article 3
Conditions concerning the transport of semen to the Union
1. The semen and stocks of semen referred to in Article 2 shall not be transported in the same container as other consignments of semen that:
(a) |
are not intended for introduction into the Union; or |
(b) |
are of a lower health status. |
2. During transport to the Union, semen and stocks of semen shall be placed in closed and sealed containers and the seal shall not be broken during transport.
Article 4
Repeal
Decision 2004/639/EC is repealed.
Article 5
Transitional provision
For a transitional period until 30 April 2012, Member States shall authorise imports of semen and stocks of semen from third countries which are accompanied by an animal health certificate issued not later than 31 March 2012 in accordance with the models set out in Annex II to Decision 2004/639/EC.
Article 6
Applicability
This Decision shall apply from 1 November 2011.
Article 7
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 20 September 2011.
For the Commission
John DALLI
Member of the Commission
(1) OJ L 194, 22.7.1988, p. 10.
(2) OJ L 292, 15.9.2004, p. 21.
(4) OJ L 146, 14.6.1979, p. 15.
(5) OJ L 143, 11.6.2003, p. 23.
ANNEX I
List of third countries or parts thereof from which Member States shall authorise imports of semen of domestic animals of the bovine species
ISO Code |
Name of the third country |
Remarks |
|
Description of the territory (if appropriate) |
Additional guarantees |
||
AU |
Australia |
|
The additional guarantees concerning testing set out in points II.5.4.1 and II.5.4.2 of the certificate in Section A of Part 1 of Annex II are compulsory. |
CA |
Canada (*1) |
Territory as described in Part 1 of Annex I to Regulation (EU) No 206/2010. |
|
CH |
Switzerland (*2) |
|
|
CL |
Chile |
|
|
GL |
Greenland |
|
|
HR |
Croatia |
|
|
IS |
Iceland |
|
|
NZ |
New Zealand |
|
|
PM |
Saint Pierre and Miquelon |
|
|
US |
United States |
|
The additional guarantee set out in point II.5.4.1 of the certificate in Section A of Part 1 of Annex II is compulsory. |
(*1) The certificate to be used for imports from Canada is set out in Commission Decision 2005/290/EC of 4 April 2005 on simplified certificates for the importation of bovine semen and fresh pig meat from Canada and amending Decision 2004/639/EC (only for the semen collected in Canada) laid down in accordance with the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products, as approved by Council Decision 1999/201/EC.
(*2) The certificates to be used for imports from Switzerland are set out in Annex D to Directive 88/407/EEC, with the adaptations set out in point 4 of Chapter VII(B) of Appendix 2 of Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products as approved by Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation.
ANNEX II
PART 1
Model animal health certificates for imports and transits of semen and of stocks of semen of domestic animals of the bovine species
SECTION A
Model 1 — |
Animal health certificate applicable to imports and transits of semen of domestic animals of the bovine species collected, processed and stored in accordance with Council Directive 88/407/EEC, as amended by Directive 2003/43/EC, dispatched from a semen collection centre where the semen was collected |
SECTION B
Model 2 — |
Animal health certificate applicable from 1 January 2005 to imports and transits of stocks of semen of domestic animals of the bovine species collected, processed and stored before 31 December 2004 in conformity with Council Directive 88/407/EEC applying until 1 July 2004, and imported after 31 December 2004 in accordance with Article 2(2) of Directive 2003/43/EC, dispatched from a semen collection centre where the semen was collected |
SECTION C
Model 3 — |
Animal health certificate for imports and transits of semen of domestic animals of the bovine species collected, processed and stored in accordance with Council Directive 88/407/EEC, as amended by Directive 2003/43/EC, and of stocks of semen of domestic animals of the bovine species collected, processed and stored before 31 December 2004 in conformity with Directive 88/407/EEC, applying until 1 July 2004, and imported after 31 December 2004 in accordance with Article 2(2) of Directive 2003/43/EC, dispatched from a semen storage centre |
PART 2
Explanatory notes for the certification
(a) |
The animal health certificates shall be issued by the competent authority of the exporting third country, in accordance with the model set out in Part 1 of Annex II.
If the Member State of destination requires additional certification requirements, attestations to certify that those requirements are fulfilled shall be also incorporated in the original form of the animal health certificate. |
(b) |
The original of the animal health certificate shall consist of a single sheet of paper, or, where more text is required, it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible. |
(c) |
Where the model animal health certificate states that certain statements shall be kept as appropriate, statements which are not relevant, may be crossed out and initialled and stamped by the certifying officer, or completely deleted from certificate. |
(d) |
The animal health certificate shall be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the European Union and of the Member State of destination. However, those Member States may authorise the certificate to be drawn up in the official language of another Member State, and accompanied, if necessary, by an official translation. |
(e) |
If for the reasons of identification of the items of the consignment (schedule in Box I.28 of the model animal health certificates), additional sheets of paper are attached to the animal health certificate, those sheets of paper shall also be considered as forming part of the original of the animal health certificate by application of the signature and stamp of the certifying officer, on each of the pages. |
(f) |
When the animal health certificate, including additional schedules referred to in (e), comprises more than one page, each page shall be numbered (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number designated by the competent authority on the top of the pages. |
(g) |
The original of the animal health certificate must be completed and signed by an official veterinarian the last working day prior to loading of the consignment for exportation to the European Union. The competent authorities of the exporting third country shall ensure that certification requirements equivalent to those laid down in Council Directive 96/93/EC (1) are followed.
The colour of the signature and the stamp of the official veterinarian shall be different to that of the printing on the animal health certificate. This requirement also applies to stamps other than those embossed or watermarks. |
(h) |
The original of the animal health certificate must accompany the consignment until it reaches the border inspection post of introduction into the European Union. |
(i) |
The certificate reference number referred to in Box I.2 and Box II.a of the model animal health certificate must be issued by the competent authority of the exporting third country. |
24.9.2011 |
EN |
Official Journal of the European Union |
L 247/47 |
COMMISSION IMPLEMENTING DECISION
of 21 September 2011
establishing a questionnaire to be used for reporting on the implementation of Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control
(notified under document C(2011) 6502)
(Text with EEA relevance)
(2011/631/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (1), and in particular Article 17(3) thereof,
Whereas:
(1) |
Under Directive 2008/1/EC, Member States are required to report on the implementation of that Directive every 3 years on the basis of a questionnaire established by the Commission. |
(2) |
Four questionnaires were established by the Commission. The fourth one, established by Commission Decision 2010/728/EU (2), covered the years 2009, 2010 and 2011. |
(3) |
Since the questionnaire established by Decision 2010/728/EU is to be used for reporting until 31 December 2011, a new questionnaire should be established for the next 3-year reporting period, taking into account the experience gained in the implementation of Directive 2008/1/EC and in the use of the previous questionnaires. However, given that Directive 2008/1/EC will be repealed from 7 January 2014 and replaced by Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (3), the new questionnaire should cover only 2 years, namely 2012 and 2013. For the sake of clarity, Decision 2010/728/EU should be replaced. |
(4) |
The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 6 of Council Directive 91/692/EEC (4). |
HAS ADOPTED THIS DECISION:
Article 1
1. Member States shall use the questionnaire set out in the Annex for reporting on the implementation of Directive 2008/1/EC.
2. The reports to be submitted shall cover the period from 1 January 2012 to 31 December 2013.
Article 2
Decision 2010/728/EU is repealed from 1 January 2013.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 21 September 2011.
For the Commission
Janez POTOČNIK
Member of the Commission
(2) OJ L 313, 30.11.2010, p. 13.
ANNEX
PART 1
Questionnaire on the implementation of Directive 2008/1/EC concerning integrated pollution prevention and control
General notes:
This fifth questionnaire under Directive 2008/1/EC covers the years 2012 and 2013. In view of the experience gained in the implementation of Directive 2008/1/EC and the information already obtained through the previous questionnaires, this questionnaire focuses on the changes and progress made by Member States in the implementation of Directive 2008/1/EC. As Directive 2008/1/EC will be repealed from 7 January 2014 and replaced by Directive 2010/75/EU on industrial emissions, the reporting period is limited to 2 years instead of 3 years. In order to ensure continuity and enable direct comparisons to be made with previous responses, this questionnaire maintains many aspects contained in Decision 2010/728/EU. In those cases where questions are similar to those of the previous questionnaires and the situation is unchanged, reference can simply be made to previous answers. Where there have been new developments, those developments should be described in a new answer. When answering the questionnaire on specific questions regarding general binding rules, or official guidelines issued by administrative bodies, please provide outline information on the type of rules or guidelines and web links or other means of accessing them, as appropriate.
1. General description
Have Member States experienced any difficulties in implementing Directive 2008/1/EC due to the limited availability or capacity of staff resources? If so, describe those difficulties as well as any plans to address them in view of the transition to Directive 2010/75/EU.
2. Numbers of installations and permits (Article 2(3) and 2(4) and Article 4)
2.1. |
Give details of the numbers of installations as defined by Directive 2008/1/EC and permits by type of activity at the end of the reporting period, using the template and notes laid down in Part 2. |
2.2. |
Identification of IPPC installations. If available, please provide a link to publicly accessible up-to-date information containing the names, location and main activity (Annex I) of the IPPC installations in your Member State. If such information is not publicly available, please submit a list of all individual installations operating at the end of the reporting period (names, location and main IPPC activity). If such a list were not available, please provide an explanation on why this is the case. |
3. Applications for permits (Article 6)
Describe any general binding rules, guidance documents or application forms produced to ensure that applications contain all the information required by Article 6, either generally or in relation to specific issues (e.g. methodology for the assessment of significant emissions from installations).
4. Coordination of the permitting procedure and conditions (Articles 7 and 8)
4.1. |
Describe any changes made since the last reporting period in the organisational structure of the permitting procedures, in particular concerning the levels of competent authorities and distribution of competencies. |
4.2. |
Are there any particular difficulties in ensuring full coordination of the permitting procedure and conditions as required by Article 7, especially where more than one competent authority is involved? Describe any legislation or guidance documents produced on this issue. |
4.3. |
What legal provisions, procedures or guidance are used to ensure that competent authorities refuse to grant a permit in cases where an installation does not comply with the requirements of Directive 2008/1/EC? If available, give information on the numbers and circumstances in which permits have been refused. |
5. Appropriateness and adequacy of permit conditions (Article 3(1)(d) and (f), Article 9, Article 17(1) and (2))
5.1. |
Describe any general binding rules or specific guidelines for competent authorities that have been issued on the following issues:
|
5.2. |
Issues related to the BAT Reference Documents (BREFs) established pursuant to Article 17(2) of Directive 2008/1/EC:
|
5.3. |
Other issues relating to permit conditions:
|
6. Environmental quality standards (Article 10)
Have cases arisen where Article 10 applies and the use of best available techniques is insufficient to satisfy an environmental quality standard (as defined in Article 2(7))? If so, give examples of such cases and the additional measures taken.
7. Changes to installations (Article 12 and Article 2(10))
How do competent authorities decide in practice, under Article 12, whether a ‘change in operation’ may have consequences for the environment (Article 2(10)), and whether such a change is a ‘substantial change’ that ‘may have significant negative effects on human beings or the environment’ (Article 2(11))? Give reference to relevant legal provisions, guidance or procedures.
8. Reconsideration and updating of permit conditions (Article 13)
8.1. |
Is the frequency of reconsideration and, where necessary, updating of permit conditions (Article 13) specified in national or sub-national law, or determined by other means, such as time limits in permits? If so, what are those other means? Give reference to relevant legislation, guidance or procedures. |
8.2. |
What is the representative frequency for the reconsideration of permit conditions? In cases of differences between installations or sectors, provide illustrative information if available. |
8.3. |
What does the process of reconsidering and updating permit conditions consist of? How is the provision to reconsider permit conditions in cases of substantial changes in the best available techniques implemented? Give reference to relevant legislation, guidance or procedures. |
9. Compliance with permit conditions (Article 14)
9.1. |
How is the requirement of Article 14 that operators regularly inform authorities of the results of release monitoring implemented in practice? Give reference to any specific regulations, procedures or guidelines for competent authorities on this subject. |
9.2. |
Is a periodic monitoring report submitted by all operators? Provide information on the representative frequency for the submission of such information. In cases of differences between sectors, provide illustrative information where available. |
9.3. |
If not already submitted in the reporting under Recommendation 2001/331/EC of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (1), please provide the available information as regards installations falling under the scope of Directive 2008/1/EC, on the following issues:
|
10. Transboundary cooperation (Article 18)
In the reporting period, have there been instances of the use of Article 18 requirements in respect of transboundary information and cooperation? Provide examples illustrative of the general procedures used.
11. General observations
11.1. |
Are there any particular implementation issues that give rise to concerns in your Member State? If so, please specify. |
11.2. |
Is there any particular information related to the implementation of Directive 2010/75/EU in your Member State that is relevant for interpreting the information provided under this questionnaire? If so, please specify. |
PART 2
Template for response to question 2.1
INSTALLATION TYPE |
|
|
|
|||||||||||||
Code |
Main activity operated in the installation as set out in Annex I to Directive 2008/1/EC |
|
|
|
|
|
||||||||||
1. |
Energy |
|
|
|
|
|
||||||||||
1.1. |
Combustion |
|
|
|
|
|
||||||||||
1.2. |
Mineral oil and gas refining |
|
|
|
|
|
||||||||||
1.3. |
Coke ovens |
|
|
|
|
|
||||||||||
1.4. |
Coal gasification and liquefaction |
|
|
|
|
|
||||||||||
2. |
Metals |
|
|
|
|
|
||||||||||
2.1. |
Metal ore roasting/sintering |
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|
|
|
|
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2.2. |
Producing pig iron or steel |
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|
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2.3(a) |
Hot-rolling mills |
|
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|
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|
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2.3(b) |
Smitheries |
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|
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2.3(c) |
Applying fused metal coats |
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2.4. |
Foundries |
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|
|
|
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2.5(a) |
Producing non-ferrous crude metals |
|
|
|
|
|
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2.5(b) |
Smelting non-ferrous metals |
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|
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|
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2.6. |
Surface treatment of metals and plastic |
|
|
|
|
|
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3. |
Minerals |
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|
|
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3.1. |
Producing cement or lime |
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3.2. |
Producing asbestos |
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|
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3.3. |
Manufacture of glass |
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3.4. |
Melting minerals |
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3.5. |
Manufacture of ceramics |
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4. |
Chemicals |
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4.1. |
Producing organic chemicals |
|
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4.2. |
Producing inorganic chemicals |
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4.3. |
Producing fertilisers |
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4.4. |
Producing plant health products/biocides |
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4.5. |
Producing pharmaceuticals |
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|
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4.6. |
Producing explosives |
|
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5. |
Waste |
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5.1. |
Disposal or recovery of hazardous waste |
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5.2. |
Incineration of municipal waste |
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5.3. |
Disposal of non-hazardous waste |
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5.4. |
Landfills |
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6. |
Other |
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6.1(a) |
Producing pulp |
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6.1(b) |
Producing paper and board |
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6.2. |
Pretreatment or dyeing of fibres or textiles |
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6.3. |
Tanning hides and skins |
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6.4(a) |
Slaughterhouses |
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6.4(b) |
Treatment and processing of food products |
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6.4(c) |
Treatment and processing of milk |
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6.5. |
Disposal or recycling of animal carcasses |
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6.6(a) |
Intensive rearing of poultry |
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6.6(b) |
Intensive rearing of production pigs |
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6.6(c) |
Intensive rearing of sows |
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6.7. |
Surface treatment using organic solvents |
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6.8. |
Producing carbon or electrographite |
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6.9. |
Capture of CO2 streams (Directive 2009/31/EC of the European Parliament and of the Council (2)) |
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Totals |
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|
Explanatory notes to the template:
The collection of data in this template will be based on the ‘number of installations’ and the ‘number of substantial changes’ using the definitions of ‘installation’ in Article 2(3) and ‘substantial change’ in Article 2(11) of Directive 2008/1/EC.
The ‘installation type’ refers to the main activity operated in the installation. Installations should only be reported under one single activity, also where several IPPC activities are being operated within the installation.
Further guidance and explanation in relation to the data to be provided in the Table are given in the notes below. Member States are requested to complete the Table as far as possible.
A. ‘NUMBER OF INSTALLATIONS’ at the end of the reporting period (31 December 2013).
1. |
Number of installations: total number of IPPC installations (both existing and new) operating in the Member States at the end of the reporting period regardless of the status of their permits. |
2. |
Number of installations covered by a permit which is in full compliance with Directive 2008/1/EC: total number of IPPC installations covered by one or more permits granted in accordance with Directive 2008/1/EC (including pre-IPPC permits which have been reconsidered/updated) regardless of when the permit(s) had been issued or whether the permit has been reconsidered, updated, or amended/renewed due to any reason. |
For counting the number of installations to be reported, Member States shall consider the status of the permit(s) covering each installation at the end of the reporting period. Please note that the numbers refer to installations, not permits (since one installation may be covered by several permits and vice versa).
Consistency rule |
: |
the total number of IPPC installations (1) minus the total number of installations covered by a permit which is in full compliance with Directive 2008/1/EC (2) shall be equal to the number of installations which are not covered by a fully compliant IPPC permit for any reason (procedure not concluded, not full coverage of all activities, etc.). Where this figure is different from zero, this indicates a potential breach of Directive 2008/1/EC. |
B. ‘SUBSTANTIAL CHANGES’ during the reporting period (1 January 2012-31 December 2013).
3. |
Number of substantial changes undertaken during the reporting period without a permit issued in accordance with Article 12(2) of Directive 2008/1/EC: number of substantial changes known to the competent authorities which were effectively implemented by the operators without a permit as required under Article 12(2). |
Where this figure is different from zero, this indicates a potential breach of the IPPC provisions.
C. ‘PERMIT RECONSIDERATION AND UPDATE’ during the reporting period (1 January 2012-31 December 2013).
4. |
Number of installations for which the IPPC permit has been reconsidered during the reporting period in accordance with Article 13 of Directive 2008/1/EC: total number of installations covered by one or more permits which have been reconsidered in accordance with Article 13. |
5. |
Number of installations for which the IPPC permit has been updated during the reporting period in accordance with Article 13 of Directive 2008/1/EC: total number of installations covered by one or more permits which have been updated in accordance with Article 13. |
24.9.2011 |
EN |
Official Journal of the European Union |
L 247/54 |
COMMISSION IMPLEMENTING DECISION
of 21 September 2011
establishing a questionnaire to be used for reporting on the implementation of Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste
(notified under document C(2011) 6504)
(Text with EEA relevance)
(2011/632/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (1), and in particular Article 15 thereof,
Whereas:
(1) |
Under Directive 2000/76/EC, Member States are required to report on the implementation of that Directive every 3 years on the basis of a questionnaire established by the Commission. |
(2) |
Two questionnaires were established by the Commission. The second one, established by Commission Decision 2010/731/EU (2), covered the years 2009, 2010 and 2011. |
(3) |
Since the questionnaire established by Decision 2010/731/EU is to be used for reporting until 31 December 2011, a new questionnaire should be established for the next three-year reporting period, taking into account the experience gained in the implementation of Directive 2000/76/EC and in the use of the previous questionnaires. However, given that Directive 2000/76/EC will be repealed from 7 January 2014 and will be replaced by Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (3), the new questionnaire should cover only 2 years, namely 2012 and 2013. For the sake of clarity, Decision 2010/731/EU should be replaced. |
(4) |
The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 6 of Council Directive 91/692/EEC (4). |
HAS ADOPTED THIS DECISION:
Article 1
1. Member States shall use the questionnaire set out in the Annex for reporting on the implementation of Directive 2000/76/EC.
2. The reports to be submitted shall cover the period from 1 January 2012 to 31 December 2013.
Article 2
Decision 2010/731/EU is repealed from 1 January 2013.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 21 September 2011.
For the Commission
Janez POTOČNIK
Member of the Commission
(1) OJ L 332, 28.12.2000, p. 91.
(2) OJ L 315, 1.12.2010, p. 38.
ANNEX
Questionnaire on the implementation of Directive 2000/76/EC on the incineration of waste
General notes:
This third questionnaire under Directive 2000/76/EC covers the years 2012 and 2013. In view of the experience gained in the implementation of the Directive and the information already obtained through the previous questionnaires, this questionnaire focuses on the changes and progress made by Member States in the actual implementation of the Directive. As Directive 2000/76/EC will be repealed from 7 January 2014 and will be replaced by Directive 2010/75/EU on industrial emissions (IED), the reporting period is limited to 2 years instead of 3 years.
In order to ensure continuity and enable direct comparisons to be made to previous responses, this questionnaire does not change the general approach contained in Decision 2010/731/EU. In those cases where questions are similar to those of the previous questionnaire, reference can simply be made to the previous answers where the situation is unchanged. If there have been new developments, these should be described in a new answer.
1. Number of plants and permits
1.1. |
Please give the following information on the number of plants (broken down between incineration and co-incineration plants) that fall within the scope of Directive 2000/76/EC, as well as on their permits and permitted capacities:
|
1.2. |
Please provide a list of all plants falling within the scope of Directive 2000/76/EC, indicating the following information for each of those plants with a capacity of more than 2 tonnes per hour:
|
2. Please describe any problems with the definitions in Article 3 identified when implementing the Directive 2000/76/EC. Provide specific information for each definition for which problems are identified.
3. Have any mobile plants received permits under Directive 2000/76/EC?
4. Please indicate the categories of waste that have been co-incinerated, broken down by the type of co-incineration plant (cement kilns, combustion plants, other industrial facilities not covered by Annex II.1 or II.2).
Please indicate the European Waste Catalogue codes (optional).
Please identify the permitted capacity granted for co-incineration in these plants (optional).
5. How many co-incineration plants are subject to the emission limits for incineration plants as set out in Annex V to Directive 2000/76/EC (i.e. because co-incineration of untreated municipal waste is undertaken or more than 40 % of the heat release results from the combustion of hazardous waste)?
6. What provisions are made within the permitting process for:
(a) |
identifying the quantities and categories of hazardous waste that may be treated; |
(b) |
the minimum and maximum flows of hazardous wastes to be treated; |
(c) |
the range of calorific values of hazardous wastes permitted; |
(d) |
the restrictions on the content of pollutants, e.g. PCB, PCP, chlorine, fluorine, sulphur, heavy metals? |
7. What wastes have been considered to be ‘inappropriate’ for representative sampling?
8. With regard to conditions for the furnace gas residence times and temperatures as provided for in Article 6(1) and (2) of Directive 2000/76/EC, have any authorisations to differ from those operating conditions been granted in accordance with Article 6(4)? If the answer is ‘yes’, please indicate:
(a) |
how many authorisations have been granted; |
(b) |
where these data are available, please describe the reasoning for granting the derogation(s) for a number of representative cases as well as the following information:
|
9. For cement kilns co-incinerating waste, have any exemptions from the emission limits for NOx, dust, SO2 or TOC been granted in accordance with Annex II.1? If the answer is ‘yes’, please indicate the following:
(a) |
how many exemptions have been granted; |
(b) |
where these data are available, please describe the reasoning for granting the derogation(s) for a number of representative cases as well as the following information:
|
10. For releases to air from incineration and co-incineration plants, have emission limit values different to those given in Annex II or Annex V, as appropriate, been set? If the answer is ‘yes’ and where these data are available, please identify:
(a) |
the plants to which they apply, i.e. incineration or co-incineration plants, and for the latter indicating the type of plant; |
(b) |
which of these plants are ‘new’ or ‘existing’; |
(c) |
the pollutants to which the limit values apply and the limit values set; |
(d) |
why these limit values are applied; |
(e) |
the emission monitoring regime for these pollutants (continuously or discontinuously, and for the latter indicating the frequency). |
11. For the pollutants listed in Annex IV to Directive 2000/76/EC, how are emission limit values for discharges of waste water from flue gas cleaning equipment to the aquatic environment determined? Please indicate those cases where emission limit values for those polluting substances differ from the ones in Annex IV.
12. If emission limit values have been set for additional pollutants discharged to water, in comparison to the pollutants specified in Annex IV:
(a) |
to which plants do they apply (i.e. incineration or co-incineration, ‘new’ or ‘existing’); |
(b) |
to which pollutants do they apply and what are the limit values set; |
(c) |
why are these limit values applied? |
13. What operational control parameters (pH, temperature, flow rate, etc.) are set within the permitting process for waste water discharges?
14. What provisions have been made to ensure protection of soil, surface waters or groundwater in accordance with Article 8(7)?
15. What criteria are used to ensure that storage capacity is adequate for waters to be tested and treated before discharge where necessary?
16. What provisions in general have been made to minimise the quantities and harmfulness of residues resulting from incineration or co-incineration plants?
17. Are the requirements of the permit for the measurement of pollutants to air and process operation parameters identical to those set out in Article 11(2)? If not, please provide information detailing the following:
(a) |
reason for deviating from Article 11(2), referring to the derogation possibilities mentioned in Article 11(4) to (7); |
(b) |
the pollutant or parameter concerned and the measurement requirement imposed. |
18. Are the requirements of the permit for the measurement of pollutants to water identical to those set out in Article 11(14) to (15)? If not, please provide information detailing the following:
(a) |
reason for deviating from Article 11(14) and (15); |
(b) |
the pollutant or parameter concerned and the measurement requirement imposed. |
19. What provisions are made within the permitting process to ensure compliance with the following provisions as regards air emissions:
(a) |
Article 11(8); |
(b) |
Article 11(9); |
(c) |
Article 11(11); |
(d) |
Article 11(12); |
(e) |
the compliance regime set out in Article 11(10). |
20. What provisions are made within the permitting process to ensure compliance with the following provisions as regards water emissions:
(a) |
Article 11(9); |
(b) |
the compliance regime set out in Article 11(16). |
21. Please describe any official guidance that has been developed on producing validated daily average emission data (Article 11(11)). If available, please provide a web link.
22. What are the procedures for informing the competent authority in the event of a breach of an emission limit value?
23. What arrangements are made to ensure public participation in the permitting process (new and/or updated permits)? Please provide details, at least, on the following aspects:
(a) |
by which authority the permit application is made publicly available; |
(b) |
period during which the public is able to comment; |
(c) |
by which authority the final decision is made available. |
24. With regard to the availability of information throughout the permitting process:
(a) |
Is there any information related to environmental aspects not publicly/partially available on the application, decision process and subsequent permit? If yes, please specify which information. |
(b) |
Where these data are available/partially available, please specify whether this information is available free of charge and, if not, the level of charges made, and in what circumstances these charges are applied. |
25. For incineration plants and co-incineration plants with a nominal capacity of 2 tonnes or more per hour, what provisions are made to require an operator to submit an annual report on the functioning and monitoring of a plant to the competent authority?
26. If an annual report is provided:
(a) |
what information does this contain; |
(b) |
how may the public get access to this report? |
27. For incineration or co-incineration plants with a nominal capacity of less than 2 tonnes per hour, how are these plants publicly identified?
28. What provisions are made within a permit to control the period of operation of an incineration or co-incineration plant during abnormal operation (i.e. stoppages, disturbances or failure of abatement or monitoring equipment)?
29. For incineration and co-incineration processes, what are the maximum permissible periods of operation during abnormal operation before the plant must shut down:
(a) |
maximum permissible period with exceedence of emission limit values; |
(b) |
maximum cumulative duration of periods exceeding emission limit values over 1 year. |
30. Any other remarks.