19.6.2012

Official Journal of the European Union

L 158/2

COMMISSION IMPLEMENTING REGULATION (EU) No 514/2012

of 18 June 2012

amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) thereof,

Whereas:

(1)

Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.

(2)	Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article.

(3)

The occurrence and relevance of food incidents notified through the Rapid Alert System for Food and Feed (RASFF), the findings of missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.

(4)

In particular, the list should be amended by decreasing the frequency of official controls of the commodities for which the information sources indicate an overall improvement of compliance with the relevant requirements provided for in Union legislation and for which the current level of official control is therefore no longer justified.

(5)	The list should also be amended to increase the frequency of official controls of the commodities for which the same sources of information show a higher degree of non-compliance with the relevant Union legislation, thereby warranting an increased level of official controls.

(6)	In addition, certain other commodities for which the information sources indicate a degree of non-compliance with the relevant safety requirements, thereby warranting the introduction of an increased level of official controls, should be included in the list.

(7)	The entries in the list for certain imports from India and for certain other commodities imported from the Dominican Republic should therefore be amended accordingly. In addition, an entry concerning consignments of nutmeg and mace from Indonesia should be inserted in the list.

(8)

The amendment to the list concerning the reduction in the frequency of official controls on imports of yardlong beans, bitter melon, peppers and aubergines from the Dominican Republic should apply as soon as possible, as the original safety concerns have been partially solved. Accordingly, the amendments to the list concerning the entry for that third country should apply from the date of entry into force of this Regulation.

(9)	Taking into account the number of amendments that need to be made to Annex I to Regulation (EC) No 669/2009, it is appropriate to replace it by the text in the Annex to this Regulation.

(10)	Regulation (EC) No 669/2009 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 669/2009 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2012.

However, the amendment to Annex I to Regulation (EC) No 669/2009 concerning the reduction in the frequency of physical and identity checks on yardlong beans, bitter melon, peppers and aubergines from the Dominican Republic shall apply from the date of entry into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 June 2012.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 165, 30.4.2004, p. 1.

(2) OJ L 194, 25.7.2009, p. 11.

ANNEX

Annex I to Regulation (EC) No 669/2009 is replaced by the following:

‘ANNEX I

Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

Feed and food

(intended use)

CN code (1)

Country of origin

Hazard

Frequency of physical and identity checks

(%)

Hazelnuts

(in shell or shelled)

0802 21 00 ; 0802 22 00

Azerbaijan (AZ)

Aflatoxins

(Feed and food)

—	Groundnuts (peanuts), in shell

—	1202 41 00

Brazil (BR)

Aflatoxins

—	Groundnuts (peanuts), shelled

—	1202 42 00

—	Peanut butter

—	2008 11 10

—	Groundnuts (peanuts), otherwise prepared or preserved

—	2008 11 91 ; 2008 11 96 ; 2008 11 98

(Feed and food)

Dried Noodles

ex 1902

China (CN)

Aluminium

(Food)

Pomelos

ex 0805 40 00

China (CN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (11)

(Food — fresh)

Tea, whether or not flavoured

0902

China (CN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (10)

(Food)

—	Yardlong beans (Vigna unguiculata spp. sesquipedalis)

—	ex 0708 20 00 ; ex 0710 22 00

Dominican Republic (DO)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (3)

—	Bitter melon (Momordica charantia)

—	ex 0709 99 90 ; ex 0710 80 95

—	Peppers (sweet and other than sweet) (Capsicum spp.)

—	0709 60 10 ; ex 0709 60 99 ; 0710 80 51 ; ex 0710 80 59

—	Aubergines

—	0709 30 00 ; ex 0710 80 95

(Food — fresh, chilled or frozen vegetables)

—	Oranges (fresh or dried)

—	0805 10 20 ; 0805 10 80

Egypt (EG)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (7)

—	Peaches (excluding nectarines)

—	0809 30 90

—	Pomegranates

—	ex 0810 90 75

—	Strawberries

—	0810 10 00

(Food — fresh fruits and vegetables)

Peppers (sweet and other than sweet) (Capsicum spp.)

0709 60 10 ; ex 0709 60 99 ; 0710 80 51 ; ex 0710 80 59

Egypt (EG)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (12)

(Food — fresh, chilled or frozen)

—	Groundnuts (peanuts), in shell

—	1202 41 00

Ghana (GH)

Aflatoxins

—	Groundnuts (peanuts), shelled

—	1202 42 00

—	Peanut butter

—	2008 11 10

(Feed and Food)

Curry leaves (Bergera/Murraya koenigii)

ex 1211 90 85

India (IN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (5)

(Food — fresh herbs)

—	Capsicum annuum, whole

—	0904 21 10

India (IN)

Aflatoxins

—	Capsicum annuum, crushed or ground

—	ex 0904 22 00

—	Dried fruit of the genus Capsicum or of the genus Pimenta, whole, other than sweet peppers (Capsicum annuum)

—	0904 21 90

—	Curry (chilli products)

—	0910 91 05

—	Nutmeg (Myristica fragrans)

—	0908 11 00 , 0908 12 00

—	Mace (Myristica fragrans)

—	0908 21 00 , 0908 22 00

—	Ginger (Zingiber officinale)

—	0910 11 00 , 0910 12 00

—	Curcuma longa (turmeric)

—	0910 30 00

(Food — dried spices)

—	Groundnuts (peanuts), in shell

—	1202 41 00

India (IN)

Aflatoxins

—	Groundnuts (peanuts), shelled

—	1202 42 00

—	Peanut butter

—	2008 11 10

—	Groundnuts (peanuts), otherwise prepared or preserved

—	2008 11 91 ; 2008 11 96 ; 2008 11 98

(Feed and food)

Feed additives and premixtures

ex 2309 ; 2917 19 90 ; ex 2817 00 00 ; ex 2820 90 10 ; ex 2820 90 90 ; ex 2821 10 00 ; ex 2825 50 00 ; ex 2833 21 00 ; ex 2833 25 00 ; ex 2833 29 20 ; ex 2833 29 80 ; ex 2835 ; ex 2836 ; ex 2839 ; 2936

India (IN)

Cadmium and lead

(Feed)

Okra

ex 0709 99 90

India (IN)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (2)

(Food — fresh)

Nutmeg

(Myristica fragrans)

—	0908 11 00 , 0908 12 00

Indonesia (ID)

Aflatoxins

Mace

(Myristica fragrans)

—	0908 21 00 , 0908 22 00

(Food — dried spices)

Watermelon (egusi, Citrullus lanatus) seeds and derived products

ex 1207 70 00 ; ex 1106 30 90 ; ex 2008 99 99

Nigeria (NG)

Aflatoxins

(Food)

—	Capsicum annuum, whole

—	0904 21 10

Peru (PE)

Aflatoxins and Ochratoxin A

—	Capsicum annuum, crushed or ground

—	ex 0904 22 00

—	Dried fruit of the genus Capsicum or of the genus Pimenta, whole, other than sweet peppers (Capsicum annuum)

—	0904 21 90

(Food — dried spice)

Peppers (other than sweet)(Capsicum spp.)

ex 0709 60 99

Thailand (TH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (9)

(Food — fresh)

—	Coriander leaves

—	ex 0709 99 90

Thailand (TH)

Salmonella (6)

—	Basil (holy, sweet)

—	ex 1211 90 85

—

Mint

—	ex 1211 90 85

(Food — fresh herbs)

—	Coriander leaves

—	ex 0709 99 90

Thailand (TH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

—	Basil (holy, sweet)

—	ex 1211 90 85

(Food — fresh herbs)

—	Yardlong beans (Vigna unguiculata spp. sesquipedalis)

—	ex 0708 20 00 ; ex 0710 22 00

Thailand (TH)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

—	Aubergines

—	0709 30 00 ; ex 0710 80 95

—	Brassica vegetables

—	0704 ; ex 0710 80 95

(Food — fresh, chilled or frozen vegetables)

—	Sweet Peppers (Capsicum annuum)

—	0709 60 10 ; 0710 80 51

Turkey (TR)

Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (8)

—

Tomatoes

—	0702 00 00 ; 0710 80 70

(Food — fresh, chilled or frozen vegetables)

Dried grapes (vine fruit)

0806 20

Uzbekistan (UZ)

Ochratoxin A

(Food)

—	Groundnuts (peanuts), in shell

—	1202 41 00

South Africa (ZA)

Aflatoxins

—	Groundnuts (peanuts), shelled

—	1202 42 00

—	Peanut butter

—	2008 11 10

—	Groundnuts (peanuts), otherwise prepared or preserved

—	2008 11 91 ; 2008 11 96 ; 2008 11 98

(Feed and food)

(1) Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists in the goods nomenclature, the CN code is marked ‘ex’ (for example, ex 1006 30: only Basmati rice for direct human consumption is included).

(2) In particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos, Methomyl, Thiodicarb, Diafenthiuron, Thiamethoxam, Fipronil, Oxamyl, Acetamipirid, Indoxacarb, Mandipropamid.

(3) In particular residues of: Amitraz, Acephate, Aldicarb, Benomyl, Carbendazim, Chlorfenapyr, Chlorpyrifos, CS2 (Dithiocarbamates), Diafenthiuron, Diazinon, Dichlorvos, Dicofol, Dimethoate, Endosulfan, Fenamidone, Imidacloprid, Malathion, Methamidophos, Methiocarb, Methomyl, Monocrotophos, Omethoate, Oxamyl, Profenofos, Propiconazole, Thiabendazol, Thiacloprid.

(4) In particular residues of: Acephate, Carbaryl, Carbendazim, Carbofuran, Chlorpyriphos, Chlorpyriphos-methyl, Dimethoate, Ethion, Malathion, Metalaxyl, Methamidophos, Methomyl, Monocrotophos, Omethoate, Prophenophos, Prothiophos, Quinalphos, Triadimefon, Triazophos, Dicrotophos, EPN, Triforine.

(5) In particular residues of: Triazophos, Oxydemeton-methyl, Chlorpyriphos, Acetamiprid, Thiamethoxam, Clothianidin, Methamidophos, Acephate, Propargite, Monocrotophos.

(6) Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 (OJ L 338, 22.12.2005, p. 1).

(7) In particular residues of: Carbendazim, Cyfluthrin Cyprodinil, Diazinon, Dimethoate, Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb, Methomyl, Omethoate, Oxamyl, Phenthoate, Thiophanate-methyl.

(8) In particular residues of: Methomyl, Oxamyl, Carbendazim, Clofentezine, Diafenthiuron, Dimethoate, Formetanate, Malathion, Procymidone, Tetradifon, Thiophanate-methyl.

(9) In particular residues of: Carbofuran, Methomyl, Omethoate, Dimethoate, Triazophos, Malathion, Profenofos, Prothiofos, Ethion, Carbendazim, Triforine, Procymidone, Formetanate.

(10) In particular residues of: Buprofezin; Imidacloprid; Fenvalerate and Esfenvalerate (Sum of RS & SR isomers); Profenofos; Trifluralin; Triazophos; Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)).

(11) In particular residues of: Triazofos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Parathion-methyl, Fenthoate, Methidathion.

(12) In particular residues of: Carbofuran (sum), Chlorpyrifos, Cypermethrin (sum), Cyproconazole, Dicofol (sum), Difenoconazole, Dinotefuran, Ethion, Flusilazole, Folpet, Prochloraz, Profenofos, Propiconazole, Thiophanate-methyl and Triforine.’

19.6.2012

Official Journal of the European Union

L 158/9

COMMISSION IMPLEMENTING REGULATION (EU) No 515/2012

of 18 June 2012

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:

(1)

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.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

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 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, 18 June 2012.

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 157, 15.6.2011, p. 1.

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	MK	45,6
	TR	33,3
	ZZ	39,5
0707 00 05	MK	19,0
	TR	119,6
	ZZ	69,3
0709 93 10	TR	98,9
0709 93 10	ZZ	98,9
0805 50 10	AR	71,2
	BO	105,1
	TR	100,8
	UY	109,5
	ZA	101,0
	ZZ	97,5
0808 10 80	AR	112,7
	BR	88,6
	CH	68,9
	CL	89,5
	NZ	134,1
	US	153,4
	ZA	109,2
	ZZ	108,1
0809 10 00	IL	705,0
	TR	229,1
	ZZ	467,1
0809 29 00	TR	361,9
0809 29 00	ZZ	361,9
0809 40 05	ZA	249,8
0809 40 05	ZZ	249,8

(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’.

19.6.2012

Official Journal of the European Union

L 158/17

COUNCIL DECISION 2012/312/CFSP

of 18 June 2012

on the European Union Aviation Security CSDP Mission in South Sudan

(EUAVSEC-South Sudan)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 28 and Articles 42(4) and 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

In its Resolution 1996 (2011), adopted on 8 July 2011, the United Nations Security Council welcomed the establishment of the Republic of South Sudan on 9 July 2011 upon its proclamation as an independent State and underscored the need for forging stronger and well-defined partnerships among the United Nations, development agencies, bilateral partners, and other relevant actors, regional and sub-regional institutions and the international financial institutions, to implement national strategies aimed at effective institution building, which are based on national ownership, the achievement of results, and mutual accountability.

(2)

On 20 June 2011, the Council agreed to follow a comprehensive approach to Sudan and South Sudan with, inter alia, the aim of assisting South Sudan to become a viable, stable, and prosperous state. The Comprehensive Approach set out, as a short-term option, the possible deployment of a civilian common security and defence policy (CSDP) mission to strengthen airport security and, as a medium-term option, the contribution to broader border management in South Sudan.

(3)

On 19 July 2011, on behalf of the Government of South Sudan (GoSS), the South Sudanese Minister for Transport and Roads addressed a letter to the High Representative of the Union for Foreign Affairs and Security Policy (HR) welcoming the Union’s proposal to contribute to the strengthening of the security at Juba International Airport (JIA) in order to raise it to internationally accepted standards, through the deployment of a CSDP mission.

(4)	On 23 January 2012 the Council approved the Crisis Management Concept for a European Union Aviation Security CSDP mission in South Sudan (EUAVSEC-South Sudan).

(5)	The Watch-Keeping Capability should be activated for EUAVSEC-South Sudan.

(6)	EUAVSEC-South Sudan will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty on European Union (TEU),

HAS ADOPTED THIS DECISION:

Article 1

Mission

The Union hereby establishes a European Union Aviation Security CSDP Mission in South Sudan (EUAVSEC-South Sudan).

Article 2

Objectives

1. The strategic objective of EUAVSEC-South Sudan is to contribute to the sustainable and effective functioning of Juba International Airport (JIA), by achieving acceptable security capacity under local ownership, in line with international standards and applicable best practice.

2. In particular, EUAVSEC-South Sudan shall contribute to strengthening aviation security, border control and law enforcement at JIA, under public oversight and in accordance with human rights standards.

Article 3

Tasks

1. In order to fulfil the objectives set out in Article 2, EUAVSEC-South Sudan shall:

(a)	assist and advise the Government of South Sudan (GoSS) and other relevant South Sudanese services to establish the aviation security organisation at the Ministry of Transport and at JIA;

(b)

assist and advise the GoSS and other relevant South Sudanese services to develop, adopt and implement:

—	aviation security programmes and plans by the civil aviation authority of South Sudan,

—	aviation security programmes, plans and relevant standard operating procedures at JIA;

(c)	improve the performance of officials involved in aviation security operations, according to International Civil Aviation Organization (ICAO) standards and recommended procedures, through training, mentoring, monitoring, advice, assistance and coordination;

(d)	support sustainability and long-term viability of South Sudan’s achievements by working with other Union and international stake-holders;

(e)	support the promotion of security awareness amongst the commercial and private entities operating at JIA.

2. EUAVSEC-South Sudan shall not carry out any executive function.

Article 4

Chain of command and structure

1. EUAVSEC-South Sudan shall have a unified chain of command as a crisis management operation.

2. EUAVSEC-South Sudan shall have its Headquarters in Juba.

3. During the preparatory phase of EUAVSEC-South Sudan, the Head of Mission shall be assisted by a planning team comprising the necessary staff to respond to Mission preparation needs.

4. During the implementation phase, EUAVSEC-South Sudan shall be structured as follows:

(a)	Head of Mission;

(b)	Planning and Operations component including training capacity;

(c)	Mission Support component;

(d)	Reporting, Security and Political Advisory/Public Information elements.

Article 5

Civilian Operation Commander

1. The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EUAVSEC-South Sudan.

2. The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and overall authority of the High Representative of the Union for Foreign Affairs and Security Policy (HR), shall exercise command and control of EUAVSEC-South Sudan at the strategic level.

3. The Civilian Operation Commander shall ensure, with regard to the conduct of operations, proper and effective implementation of the Council’s decisions as well as the PSC’s decisions, including by issuing instructions at the strategic level as required to the Head of Mission and providing him with advice and technical support.

4. The Civilian Operation Commander shall report to the Council through the HR.

5. All seconded staff shall remain under the full command of the national authorities of the seconding State or Union institution concerned. National authorities shall transfer Operational Control (OPCON) of their personnel, teams and units to the Civilian Operation Commander.

6. The Civilian Operation Commander shall have overall responsibility for ensuring that the Union’s duty of care is properly discharged.

7. The Civilian Operation Commander, the European Union Special Representative for Sudan and South Sudan (EUSR) and the Head of Union Delegation in South Sudan shall consult each other as required.

Article 6

Head of Mission

1. The Head of Mission shall assume responsibility for, and exercise command and control of, EUAVSEC-South Sudan at theatre level and shall be directly responsible to the Civilian Operation Commander.

2. The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information placed at the disposal of EUAVSEC-South Sudan.

3. The Head of Mission shall issue instructions to all EUAVSEC-South Sudan staff for the effective conduct of the EUAVSEC-South Sudan in theatre, assuming its coordination and day-to-day management, and following the instructions at the strategic level of the Civilian Operation Commander.

4. The Head of Mission shall be responsible for the implementation of the budget of EUAVSEC-South Sudan. For this purpose, the Head of Mission shall sign a contract with the Commission.

5. The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary action shall be exercised by the national authority or Union institution concerned.

6. The Head of Mission shall represent EUAVSEC-South Sudan in the operations area and shall ensure appropriate visibility of EUAVSEC-South Sudan.

7. The Head of Mission shall coordinate, as appropriate, with other Union actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the EUSR, in close coordination with the Head of Union Delegation in South Sudan.

Article 7

Staff

1. EUAVSEC-South Sudan shall consist primarily of staff seconded by Member States, Union institutions or the European External Action Service (EEAS). Each Member State or Union institution, or EEAS shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than applicable daily allowances.

2. The State or Union institution, or EEAS having seconded a member of staff shall be responsible for answering any claims linked to the secondment, from or concerning the member of staff and for bringing any action against the seconded person.

3. International and local staff shall be recruited on a contractual basis by the EUAVSEC-South Sudan if the functions required are not provided by personnel seconded by Member States. Exceptionally, in duly justified cases, where no qualified applications from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.

4. The conditions of employment and the rights and obligations of international and local staff shall be laid down in the contracts between the Head of Mission and the members of staff.

Article 8

Status of EUAVSEC-South Sudan and of its staff

The status of EUAVSEC-South Sudan and its staff, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUAVSEC-South Sudan, shall be the subject of an agreement concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union.

Article 9

Political control and strategic direction

1. The PSC shall exercise, under the responsibility of the Council and of the HR, political control and strategic direction of the EUAVSEC-South Sudan. The Council hereby authorises the PSC to take the relevant decisions in accordance with the third paragraph of Article 38 TEU. This authorisation shall include the powers to appoint a Head of Mission, upon a proposal of the HR, and to amend the Concept of operations (CONOPS) and the Operation Plan (OPLAN). The powers of decision with respect to the objectives and termination of the EUAVSEC-South Sudan shall remain vested in the Council.

2. The PSC shall report to the Council at regular intervals.

3. The PSC shall receive, on a regular basis and as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.

Article 10

Participation of third States

1. Without prejudice to the decision-making autonomy of the Union and its single institutional framework, third States may be invited to contribute to EUAVSEC-South Sudan, provided that they bear the cost of the staff seconded by them, including salaries, all risk insurance cover, daily subsistence allowances and travel expenses to and from South Sudan, and that they contribute to the running costs of EUAVSEC-South Sudan, as appropriate.

2. Third States contributing to EUAVSEC-South Sudan shall have the same rights and obligations in terms of day-to-day management of EUAVSEC-South Sudan as Member States.

3. The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and to establish a Committee of Contributors.

4. Detailed arrangements regarding the participation of third States shall be covered by agreements concluded in accordance with Article 37 TEU and additional technical arrangement as necessary. Where the Union and a third State conclude an agreement establishing a framework for the participation of that third State in Union crisis-management operations, the provisions of that agreement shall apply in the context of EUAVSEC-South Sudan.

Article 11

Security

1. The Civilian Operation Commander shall direct the Head of Mission’s planning of security measures and ensure their proper and effective implementation by EUAVSEC-South Sudan in accordance with Article 5.

2. The Head of Mission shall be responsible for the security of EUAVSEC-South Sudan and for ensuring compliance with minimum security requirements applicable to EUAVSEC-South Sudan, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V TEU, and its supporting instruments.

3. The Head of Mission shall be assisted by a Mission Security Officer (MSO), who shall report to the Head of Mission and also maintain a close functional relationship with the EEAS.

4. The EUAVSEC-South Sudan staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the MSO.

5. The Head of Mission shall ensure the protection of EU classified information in accordance with Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (1).

Article 12

Watch-Keeping Capability

The Watch-Keeping Capability shall be activated for EUAVSEC-South Sudan.

Article 13

Financial arrangements

1. The financial reference amount intended to cover the expenditure related to EUAVSEC-South Sudan shall be EUR 12 500 000.

2. All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union.

3. Nationals of participating third States and of host and neighbouring countries shall be allowed to tender for contracts. Subject to the Commission’s approval, the Head of Mission may conclude technical arrangements with Member States, participating third States, and other international actors regarding the provision of equipment, services and premises to EUAVSEC-South Sudan.

4. The financial arrangements shall respect the operational requirements of EUAVSEC-South Sudan including compatibility of equipment and interoperability of its teams.

5. The Head of Mission shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his/her contract.

6. The expenditure related to EUAVSEC-South Sudan shall be eligible as of the date of appointment of the Head of Mission.

Article 14

Consistency of the Union’s response and coordination

1. The HR shall ensure the consistency of the implementation of this Decision with the Union’s external action as a whole, including the Union’s development programmes.

2. Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the Union’s delegation in Juba to ensure the consistency of Union action in South Sudan.

3. The Head of Mission shall coordinate closely with Member States present in South Sudan.

Article 15

Release of information

1. The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of EUAVSEC-South Sudan, EU classified information up to ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level generated for the purposes of EUAVSEC-South Sudan, in accordance with Decision 2011/292/EU.

2. The HR shall also be authorised to release to the United Nations (UN) and the ICAO, in accordance with the operational needs of EUAVSEC-South Sudan, EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of EUAVSEC-South Sudan, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of UN and ICAO shall be drawn up 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 any EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of EUAVSEC-South Sudan, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for this purpose.

4. The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to EUAVSEC-South Sudan and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (2).

5. The HR may delegate the powers referred to in paragraphs 1 to 4, as well as the ability to conclude the arrangements referred to in paragraphs 2 and 3 to persons placed under his/her authority, to the Civilian Operations Commander and/or to the Head of Mission.

Article 16

Entry into force and duration

This Decision shall enter into force on the day of its adoption.

It shall apply for a period of 19 months.

Done at Luxembourg, 18 June 2012.

For the Council

The President

M. GJERSKOV

(1) OJ L 141, 27.5.2011, p. 17.

(2) Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).

19.6.2012

Official Journal of the European Union

L 158/21

DECISION No 1/2012 OF THE EU-MONTENEGRO STABILISATION AND ASSOCIATION COUNCIL

of 21 June 2011

amending Decision No 1/2010 adopting the rules of procedure of the Stabilisation and Association Council, in view of setting up a Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations and a Joint Consultative Committee between the Committee of the Regions of the European Union and Montenegrin local and regional authorities

(2012/313/EU)

THE STABILISATION AND ASSOCIATION COUNCIL,

Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (1), and in particular Article 124 thereof,

Whereas:

(1)	Dialogue and cooperation between social partners and other civil society organisations as well as regional and local authorities in the European Union and those in Montenegro can make a major contribution to the development of their relations and the integration of Europe.

(2)

It is appropriate that such cooperation be organised by setting up two Joint Consultative Committees, one between the European Economic and Social Committee of the one part, and the Montenegrin social partners and other civil society organisations of the other part, and the other between the Committee of the Regions of the European Union of the one part and the elected representatives of local and regional authorities of Montenegro of the other part.

(3)	It follows that the rules of procedure of the Stabilisation and Association Council, adopted by Decision No 1/2010 (2), need to be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following Articles are inserted in Decision No 1/2010:

‘Article 14

Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations

1. A Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations is hereby established, entrusted with the task of assisting the Stabilisation and Association Council with a view to promoting dialogue and cooperation between the social partners and other civil society organisations, in the European Union and Montenegro. Such dialogue and cooperation shall encompass all relevant aspects of relations between the European Union and Montenegro, as they arise in the context of the implementation of the Agreement. Such dialogue and cooperation shall be aimed in particular at:

(a)	preparing Montenegrin organisations of employers, the employed and other civil society organisations for activity in the framework of future membership of the European Union;

(b)	preparing Montenegrin organisations of employers, the employed and other civil society organisations for their participation in the work of the European Economic and Social Committee after the accession of Montenegro;

(c)	exchanging information on issues of mutual interest, in particular on up-to-date state of play on the accession process as well as preparation of Montenegrin organisations of employers, the employed and other civil society organisations for this process;

(d)

encouraging exchanges of experience and structured dialogue between (a) Montenegrin organisations of employers, the employed and other civil society organisations and (b) organisations of employers, the employed and other civil society organisations from Member States, including through networking in specific areas where direct contacts and cooperation might prove the most effective way of solving particular problems;

(e)	discussing any other relevant matters proposed by any side, as they arise in the context of implementation of the Agreement and in the framework of the pre-accession strategy.

2. The Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations shall comprise six representatives of the European Economic and Social Committee and six representatives of Montenegro’s social partners and other civil society organisations. Observers can be invited to participate.

3. The Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations shall carry out its tasks on the basis of consultation by the Stabilisation and Association Council or, with regard to promoting dialogue between economic and social circles, on its own initiative.

4. The Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations may make recommendations to the Stabilisation and Association Council.

5. Members shall be chosen to ensure that the Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations is as faithful a reflection as possible of the various social partners and other civil society organisations, in both the European Union and Montenegro. Official nominations of Montenegrin members shall be made by the government of Montenegro based on proposals from social partners and other civil society organisations. Those proposals shall be based on inclusive and transparent selection procedures among social partners and other civil society organisations.

6. The Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations shall be co-chaired by a member of the European Economic and Social Committee and a representative of Montenegro’s social partners and other civil society organisations.

7. The Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations shall adopt its rules of procedure.

8. The European Economic and Social Committee, on the one hand, and the Montenegrin Government, on the other hand, shall each defray the expenses they incur by reason of the participation of their delegates in the meetings of the Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations and of its working groups with regard to staff, travel and subsistence expenditure.

9. Detailed arrangements on interpretation and translation costs shall be set out in the rules of procedure of the Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations. Other expenditure relating to the material organisation of meetings shall be borne by the Party which hosts the meetings.

Article 15

Joint Consultative Committee between the Committee of the Regions and Montenegrin local and regional authorities

1. A Joint Consultative Committee between the Committee of the Regions and Montenegrin local and regional authorities is hereby established with the task of assisting the Stabilisation and Association Council with a view to promoting dialogue and cooperation between the local and regional authorities in the European Union and those in Montenegro. Such dialogue and cooperation shall be aimed in particular at:

(a)	preparing Montenegrin local and regional authorities for activity in the framework of future membership of the European Union;

(b)	preparing Montenegrin local and regional authorities for their participation in the work of the Committee of the Regions after the accession of Montenegro;

(c)	exchanging information on current issues of mutual interest, in particular on up-to-date state of play concerning European regional policy and the accession process as well as preparation of Montenegrin local and regional authorities for these policies;

(d)

encouraging multilateral structured dialogue between (a) Montenegrin local and regional authorities and (b) local and regional authorities from the Member States, including through networking in specific areas where direct contacts and cooperation between Montenegrin local and regional authorities and the local and regional authorities from Member States might prove the most effective way of addressing specific topics of mutual interest;

(e)	providing regular exchange of information on inter-regional cooperation between Montenegrin local and regional authorities and local and regional authorities from Member States;

(f)

encouraging exchange of experience and knowledge in the field of regional policy and structural interventions, between (a) Montenegrin local and regional authorities and (b) local and regional authorities from Member States, in particular know-how and techniques concerning preparation of local and regional development plans or strategies and most efficient use of the pre-accession and Structural Funds;

(g)	assisting Montenegrin local and regional authorities by means of information exchange on the practical implementation of the principle of subsidiarity in all aspects of life on local and regional level;

(h)	discussing any other relevant matters proposed by any side, as they can arise in the context of implementation of the Agreement and in the framework of the Pre-accession strategy.

2. The Joint Consultative Committee between the Committee of the Regions and Montenegrin local and regional authorities shall comprise eight representatives of the Committee of the Regions, on the one hand, and eight elected representatives of the local and regional authorities of Montenegro, on the other hand. An equal number of alternate members shall be appointed.

3. The Joint Consultative Committee between the Committee of the Regions and Montenegrin local and regional authorities shall carry out its activities on the basis of consultation by the Stabilisation and Association Council or, as concerns the promotion of the dialogue between the local and regional authorities, on its own initiative.

4. The Joint Consultative Committee between the Committee of the Regions and Montenegrin local and regional authorities may make recommendations to the Stabilisation and Association Council.

5. Members shall be chosen to ensure that the Joint Consultative Committee between the Committee of the Regions and Montenegrin local and regional authorities is as faithful a reflection as possible of the various levels of local and regional authorities in both the European Union and Montenegro. Official nominations of Montenegrin members shall be made by the government of Montenegro based on proposals from organisations representing local and regional authorities in Montenegro. Those proposals shall be based on inclusive and transparent selection procedures among representatives holding local or regional electoral mandates.

6. The Joint Consultative Committee between the Committee of the Regions and Montenegrin local and regional authorities shall adopt its rules of procedure.

7. The Joint Consultative Committee between the Committee of the Regions and Montenegrin local and regional authorities shall be co-chaired by a member of the Committee of the Regions and a representative of the local and regional authorities of Montenegro.

8. The Committee of the Regions, on the one hand, and the Government of Montenegro, on the other hand, shall each defray the expenses incurred by reason of the participation of their delegates and supporting staff in the meetings of the Joint Consultative Committee between the Committee of the Regions and Montenegrin local and regional authorities, in particular with regard to travel and subsistence expenditure.

9. Detailed arrangements on interpretation and translation costs shall be set out in the rules of procedure of the Joint Consultative Committee between the Committee of the Regions and Montenegrin local and regional authorities. Other expenditure relating to the material organisation of meetings shall be borne by the Party which hosts the meetings.’.

Article 2

This Decision shall enter into force on the first day of the second month following the date of its adoption.

Done at Luxembourg, 21 June 2011.

For the Stabilisation and Association Council

The Chairman

M. ROĆEN

(1) OJ L 108, 29.4.2010, p. 3.

(2) OJ L 179, 14.7.2010, p. 11.

		ISSN 1977-0677 doi:10.3000/19770677.L_2012.158.eng
Official Journal of the European Union		L 158

English edition	Legislation	Volume 55 19 June 2012

Contents		II Non-legislative acts	page
		INTERNATIONAL AGREEMENTS
		2012/311/EU
	*	Council Decision of 7 June 2012 on the position to be taken by the European Union within the Food Aid Committee as regards the extension of the Food Aid Convention, 1999	1
		REGULATIONS
	*	Commission Implementing Regulation (EU) No 514/2012 of 18 June 2012 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin ( 1 )	2
		Commission Implementing Regulation (EU) No 515/2012 of 18 June 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables	9
		Commission Implementing Regulation (EU) No 516/2012 of 18 June 2012 on the issue of import licences for applications lodged during the first seven days of June 2012 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat	11
		Commission Implementing Regulation (EU) No 517/2012 of 18 June 2012 on the issue of import licences for applications lodged during the first seven days of June 2012 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin	13
		Commission Implementing Regulation (EU) No 518/2012 of 18 June 2012 on the issue of import licences for applications lodged during the first seven days of June 2012 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat	15
		DECISIONS
	*	Council Decision 2012/312/CFSP of 18 June 2012 on the European Union Aviation Security CSDP Mission in South Sudan (EUAVSEC-South Sudan)	17
		ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS
		2012/313/EU
	*	Decision No 1/2012 of the EU-Montenegro Stabilisation and Association Council of 21 June 2011 amending Decision No 1/2010 adopting the rules of procedure of the Stabilisation and Association Council, in view of setting up a Joint Consultative Committee between the European Economic and Social Committee and Montenegro’s social partners and other civil society organisations and a Joint Consultative Committee between the Committee of the Regions of the European Union and Montenegrin local and regional authorities	21
		2012/314/EU
	*	Decision No 1/2012 of the Community/Switzerland Inland Transport Committee of 16 May 2012 concerning the granting of a rebate on the performance-based fee on heavy goods vehicle traffic for vehicles of emission class EURO VI	24

Group No	Order No	Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2012-30.9.2012 (%)
P1	09.4067	2,249919
P2	09.4068	83,471245
P3	09.4069	0,421587

Group No	Order No	Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2012-30.9.2012 (%)
1	09.4410	0,321235
2	09.4411	0,452557
3	09.4412	0,357018
4	09.4420	0,487807
6	09.4422	0,477106

		Corrigenda
	*	Corrigendum to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) ( OJ L 334, 17.12.2010 )	25