ISSN 1977-0677 doi:10.3000/19770677.L_2012.257.eng |
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Official Journal of the European Union |
L 257 |
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English edition |
Legislation |
Volume 55 |
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Corrigenda |
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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
25.9.2012 |
EN |
Official Journal of the European Union |
L 257/1 |
COUNCIL REGULATION (EU) No 867/2012
of 24 September 2012
amending Regulation (EU) No 36/2012 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 2011/782/CFSP of 1 December 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 18 January 2012 the Council adopted Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (2) with a view to giving effect to most of the measures provided for in Decision 2011/782/CFSP. |
(2) |
Council Decision 2012/420/CFSP of 23 July 2012 amending Decision 2011/782/CFSP concerning restrictive measures against Syria (3) provides for an additional measure, namely that Member States should inspect all vessels and aircraft bound for Syria if they have information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited or subject to authorisation. |
(3) |
In relation to that measure, Decision 2012/420/CFSP also provides that aircraft and vessels transporting cargo to Syria be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State. |
(4) |
Furthermore, Decision 2012/420/CFSP provides for a derogation from the freezing of funds and economic resources in relation to a transfer of funds due in connection with the provision of financial support to Syrian nationals pursuing an education, professional training or engaged in academic research in the Union. |
(5) |
Provisions providing for derogations from the freezing of funds and economic resources of the Central Bank of Syria should be amended. |
(6) |
Some of 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. |
(7) |
For the same reason, an amendment is necessary in order to clarify the scope of Regulation (EU) No 36/2012. |
(8) |
Regulation (EU) No 36/2012 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 36/2012 is hereby amended as follows:
(1) |
in Article 1 the following point is inserted:
|
(2) |
the following Article is inserted: ‘Article 2c 1. The rules governing the obligation to provide advance information as determined in the relevant provisions concerning summary declarations as well as customs declarations in Regulation (EEC) No 2913/92 and in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 (*2) apply to all goods leaving the customs territory of the Union to Syria. The person or entity who provides that information shall also present any authorisations if required by this Regulation. 2. The seizure and disposal of equipment, goods or technology, the supply, sale, transfer or export of which is prohibited by Articles 2 and 2a of this Regulation may, in accordance with national legislation or the decision of a competent authority, be carried out at the expense of the person or entity referred to in paragraph 1 or, if it is not possible to recover these expenses from that person or entity, the expenses may, in accordance with national legislation, be recovered from any person or entity who assumes responsibility for the carriage of the goods or equipment in the attempted illicit supply, sale, transfer or export. |
(3) |
Article 12, paragraph 1 is replaced by the following: ‘1. It shall be prohibited:
|
(4) |
the following Article is inserted: ‘Article 20a By way of derogation from Article 14, the competent authorities of the Member States, as identified on the websites listed in Annex III, may authorise, under such conditions as they deem appropriate, the transfer by or through a financial entity listed in Annex II or IIa of funds or economic resources, where the transfer is related to a payment by a person or entity not listed in Annex II or IIa in connection with the provision of financial support to Syrian nationals pursuing an education, professional training or engaged in academic research in the Union, provided that the competent authority of the relevant Member State has determined, on a case-by-case basis, that the payment will not directly or indirectly be received by a person or entity listed in Annex II or IIa.’; |
(5) |
Article 21a is replaced by the following: ‘Article 21a 1. By way of derogation from Article 14, the competent authorities of the Member States, as identified on the websites listed in Annex III, may authorise, under such conditions as they deem appropriate:
provided that the competent authority of the relevant Member State has determined, on a case-by-case basis, that the payment will not directly or indirectly be received by any person or entity listed in Annex II or IIa and provided that the transfer is not otherwise prohibited by this Regulation. 2. By way of derogation from Article 14, the competent authorities of the Member States, as identified on the websites listed in Annex III, may authorise, under such conditions as they deem appropriate, a transfer made by or through the Central Bank of Syria of frozen funds or economic resources in order to provide financial institutions within the jurisdiction of the Member States with liquidity for the financing of trade.’. |
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 September 2012.
For the Council
The President
A. D. MAVROYIANNIS
25.9.2012 |
EN |
Official Journal of the European Union |
L 257/3 |
COMMISSION IMPLEMENTING REGULATION (EU) No 868/2012
of 24 September 2012
concerning the authorisation of azorubine as a feed additive for cats and dogs
(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
Whereas:
(1) |
Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2). |
(2) |
Azorubine (synonym carmoisine) was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for use on feed for cats and dogs falling under the category ‘colouring agents’ under the heading ‘colouring agents authorised for colouring foodstuffs by Community rules, other than patent blue V, acid brilliant green BS and canthaxanthin’. That use was subsequently entered in the Community Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003. |
(3) |
In accordance with Article 10(2) of Regulation (EC) No 1831/2003, an application was submitted for the re-evaluation of azorubine as a feed additive for cats and dogs, requesting that additive to be classified in the additive category ‘sensory additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. |
(4) |
The European Food Safety Authority (‘the Authority’) concluded in its opinion of 31 January 2012 (3) that, under the proposed conditions of use, azorubine does not have an adverse effect on animal health, or the environment, and that it is effective as colourant. It concluded that no safety concerns would arise for users provided that appropriate protective measures are taken.. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003. |
(5) |
The assessment of azorubine shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that substance should be authorised as specified in the Annex to this Regulation. |
(6) |
Since modifications to the conditions of authorisation of azorubine are introduced and as there are no direct immediate effects on safety, a reasonable period should be allowed to elapse before authorisation in order to allow the interested parties to prepare themselves to meet the new requirements resulting from the authorisation. In addition, it is appropriate to allow a transitional period for the disposal of existing stocks of azorubine, as authorised in accordance with Directive 70/524/EEC and of feed containing azorubine. |
(7) |
It is disproportionately complex for operators to adapt repeatedly and from one day to the other labels of feed containing different additives which have been successively authorised according to the procedure laid down in Article 10(2) of Regulation (EC) No 1831/2003 and for which new labelling rules are to be complied with. It is therefore appropriate to reduce the administrative burden on the operators by providing a period of time allowing a smooth conversion of labelling. |
(8) |
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
Authorisation
The substance azorubine specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘colourants’, (i) substances that add or restore colour in feedingstuffs, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
Article 2
Labelling requirements
Feed containing azorubine shall be labelled in accordance with this Regulation at the latest by 25 May 2013.
However, feed containing azorubine which has been labelled in accordance with Directive 70/524/EEC before 25 May 2013 may continue to be placed on the market until stocks are exhausted.
Article 3
Transitional measures
Existing stocks of azorubine and of feed containing azorubine at the date of entry into force of this Regulation may continue to be placed on the market and used under the conditions of Directive 70/524/EEC until they are exhausted.
Article 4
Entry into force
This Regulation shall enter into force 25 November 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 September 2012.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 268, 18.10.2003, p. 29.
(2) OJ L 270, 14.12.1970, p. 1.
(3) EFSA Journal 2012; 10(2):2570.
ANNEX
Identification number of the additive |
Name of the holder of authorisation |
Additive |
Composition, chemical formula, description, analytical method |
Species or category of animal |
Maximum age |
Minimum content |
Maximum content |
Other provisions |
End of period of authorisation |
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mg of active substance/kg of complete feedingstuff with a moisture content of 12 % |
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Category of sensory additives. Functional group: colourants |
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2a122 |
— |
Azorubine or carmoisine |
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Cats and dogs |
— |
— |
176 |
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25 November 2022 |
(1) Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx
25.9.2012 |
EN |
Official Journal of the European Union |
L 257/7 |
COMMISSION IMPLEMENTING REGULATION (EU) No 869/2012
of 24 September 2012
concerning the authorisation of thaumatin as a feed additive for all animal species
(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
Whereas:
(1) |
Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2). |
(2) |
Thaumatin was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for use on all animal species. That feed additive was subsequently entered in the Community Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003. |
(3) |
In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of thaumatin as a feed additive for all animal species, requesting that additive to be classified in the additive category ‘sensory additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. |
(4) |
The European Food Safety Authority (‘the Authority’) concluded in its opinion of 6 September 2011 (3) that, under the proposed conditions of use, thaumatin does not have an adverse effect on animal health, human health or the environment, and that it is effective as flavouring. It concluded that no safety concerns would arise for users provided that appropriate protective measures are taken. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003. |
(5) |
The assessment of thaumatin shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that substance should be authorised as specified in the Annex to this Regulation. |
(6) |
Since modifications to the conditions of authorisation of thaumatin are introduced and as there are no direct immediate effects on safety, a reasonable period should be allowed to elapse before authorisation in order to allow the interested parties to prepare themselves to meet the new requirements resulting from the authorisation. In addition, it is appropriate to allow a transitional period for the disposal of existing stocks of thaumatin, as authorised in accordance with Directive 70/524/EEC and of feed containing thaumatin. |
(7) |
It is disproportionately complex for operators to adapt repeatedly and from one day to the other labels of feed containing different additives which have been successively authorised according to the procedure laid down in Article 10(2) of Regulation (EC) No 1831/2003 and for which new labelling rules are to be complied with. It is therefore appropriate to reduce the administrative burden on the operators by providing a period of time allowing a smooth conversion of labelling. |
(8) |
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
Authorisation
The substance thaumatin specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘flavouring compounds’ is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
Article 2
Labelling requirements
Feed containing thaumatin shall be labelled in accordance with this Regulation at the latest by 25 May 2013.
However, feed containing thaumatin which has been labelled in accordance with Directive 70/524/EEC before 25 May 2013 may continue to be placed on the market until stocks are exhausted.
Article 3
Transitional measures
Existing stocks of thaumatin and of feed containing thaumatin at the date of entry into force of this Regulation may continue to be placed on the market and used under the conditions of Directive 70/524/EEC until they are exhausted.
Article 4
Entry into force
This Regulation shall enter into force 25 November 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 September 2012.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 268, 18.10.2003, p. 29.
(2) OJ L 270, 14.12.1970, p. 1.
(3) EFSA Journal 2011; 9(9):2354.
ANNEX
Identification number of the additive |
Name of the holder of authorisation |
Additive |
Composition, chemical formula, description, analytical method |
Species or category of animal |
Maximum age |
Minimum content |
Maximum content |
Other provisions |
End of period of authorisation |
||||||||||||||||||||||||||||
mg of active substance/kg of complete feedingstuff with a moisture content of 12 % |
|||||||||||||||||||||||||||||||||||||
Category of sensory additives. Functional group: flavouring compounds |
|||||||||||||||||||||||||||||||||||||
2b957 |
— |
Thaumatin |
|
All animal species |
— |
— |
— |
|
25 November 2022 |
(1) Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx
25.9.2012 |
EN |
Official Journal of the European Union |
L 257/10 |
COMMISSION IMPLEMENTING REGULATION (EU) No 870/2012
of 24 September 2012
concerning the authorisation of naringin as a feed additive for all animal species
(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
Whereas:
(1) |
Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2). |
(2) |
Naringin was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for use on all animal species. That feed additive was subsequently entered in the Community Register of feed additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003. |
(3) |
In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of naringin as a feed additive for all animal species, requesting that additive to be classified in the additive category ‘sensory additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003. |
(4) |
The European Food Safety Authority (‘the Authority’) concluded in its opinion of 12 October 2011 (3) that, under the proposed conditions of use, naringin does not have an adverse effect on animal health, human health or the environment, and that it is effective as flavouring. It concluded that no safety concerns would arise for users provided that appropriate protective measures are taken. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003. |
(5) |
The assessment of naringin shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that substance should be authorised as specified in the Annex to this Regulation. |
(6) |
Since modifications to the conditions of authorisation of naringin are introduced and as there are no direct immediate effects on safety, a reasonable period should be allowed to elapse before authorisation in order to allow the interested parties to prepare themselves to meet the new requirements resulting from the authorisation. In addition, it is appropriate to allow a transitional period for the disposal of existing stocks of naringin, as authorised in accordance with Directive 70/524/EEC and of feed containing naringin. |
(7) |
It is disproportionately complex for operators to adapt repeatedly and from one day to the other labels of feed containing different additives which have been successively authorised according to the procedure laid down in Article 10(2) of Regulation (EC) No 1831/2003 and for which new labelling rules are to be complied with. It is therefore appropriate to reduce the administrative burden on the operators by providing a period of time allowing a smooth conversion of labelling. |
(8) |
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
Authorisation
The substance naringin specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘flavouring compounds’ is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
Article 2
Labelling requirements
Feed containing naringin shall be labelled in accordance with this Regulation at the latest by 25 May 2013.
However, feed containing naringin which has been labelled in accordance with Directive 70/524/EEC before 25 May 2013 may continue to be placed on the market until stocks are exhausted.
Article 3
Transitional measures
Existing stocks of naringin and of feed containing naringin at the date of entry into force of this Regulation may continue to be placed on the market and used under the conditions of Directive 70/524/EEC until they are exhausted.
Article 4
Entry into force
This Regulation shall enter into force on 25 November 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 September 2012.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 268, 18.10.2003, p. 29.
(2) OJ L 270, 14.12.1970, p. 1.
(3) EFSA Journal 2011; 9(11):2416.
ANNEX
Identification number of the additive |
Name of the holder of authorisation |
Additive |
Composition, chemical formula, description, analytical method |
Species or category of animal |
Maximum age |
Minimum content |
Maximum content |
Other provisions |
End of period of authorisation |
||||||||||||
mg of active substance/kg of complete feedingstuff with a moisture content of 12 % |
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Category of sensory additives. Functional group: flavouring compounds |
|||||||||||||||||||||
2b16058 |
— |
Naringin |
|
All animal species |
— |
— |
— |
|
25 November 2022 |
(1) Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx
25.9.2012 |
EN |
Official Journal of the European Union |
L 257/13 |
COMMISSION IMPLEMENTING REGULATION (EU) No 871/2012
of 24 September 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, 24 September 2012.
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 |
MK |
57,9 |
XS |
50,7 |
|
ZZ |
54,3 |
|
0707 00 05 |
MK |
13,4 |
TR |
102,3 |
|
ZZ |
57,9 |
|
0709 93 10 |
TR |
107,1 |
ZZ |
107,1 |
|
0805 50 10 |
AR |
93,9 |
CL |
112,9 |
|
TR |
95,0 |
|
UY |
109,3 |
|
ZA |
95,9 |
|
ZZ |
101,4 |
|
0806 10 10 |
MK |
36,9 |
TR |
121,9 |
|
ZZ |
79,4 |
|
0808 10 80 |
BR |
89,7 |
CL |
87,3 |
|
NZ |
128,1 |
|
US |
181,6 |
|
ZA |
121,1 |
|
ZZ |
121,6 |
|
0808 30 90 |
CN |
86,0 |
TR |
113,7 |
|
ZA |
144,5 |
|
ZZ |
114,7 |
|
0809 30 |
TR |
144,7 |
ZZ |
144,7 |
|
0809 40 05 |
IL |
60,4 |
XS |
74,4 |
|
ZZ |
67,4 |
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.
DECISIONS
25.9.2012 |
EN |
Official Journal of the European Union |
L 257/15 |
POLITICAL AND SECURITY COMMITTEE DECISION EUMM GEORGIA/1/2012
of 14 September 2012
extending the mandate of the Head of Mission of the European Union Monitoring Mission in Georgia (EUMM Georgia)
(2012/513/CFSP)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
Having regard to Council Decision 2010/452/CFSP of 12 August 2010 on the European Union Monitoring Mission in Georgia, EUMM Georgia (1), as last amended by Council Decision 2011/536/CFSP (2), and in particular Article 10(1) thereof,
Whereas:
(1) |
Pursuant to Article 10(1) of Council Decision 2010/452/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of EUMM Georgia, including the decision to appoint a Head of Mission. |
(2) |
On 1 July 2011, upon a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR), the PSC adopted Decision EUMM/1/2011 (3) appointing Mr Andrzej TYSZKIEWICZ as Head of Mission of EUMM Georgia until 14 September 2011. His mandate was extended until 14 September 2012 by PSC Decision 2011/539/CFSP (4). |
(3) |
On 13 September 2012, the Council adopted Decision 2012/503/CFSP (5) extending the duration of EUMM Georgia until 14 September 2013. |
(4) |
On 12 September 2012, the HR proposed the extension of the mandate of Mr Andrzej TYSZKIEWICZ as Head of Mission of EUMM Georgia until 14 September 2013, |
HAS ADOPTED THIS DECISION:
Article 1
The mandate of Mr Andrzej TYSZKIEWICZ as Head of Mission of the European Union Monitoring Mission in Georgia (EUMM Georgia) is hereby extended until 14 September 2013.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 14 September 2012.
For the Political and Security Committee
The Chairperson
O. SKOOG
(1) OJ L 213, 13.8.2010, p. 43.
(2) OJ L 236, 13.9.2011, p. 7.
(3) OJ L 175, 2.7.2011, p. 27.
25.9.2012 |
EN |
Official Journal of the European Union |
L 257/16 |
COUNCIL DECISION 2012/514/CFSP
of 24 September 2012
amending and extending Decision 2010/576/CFSP on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 23 September 2010, the Council adopted Decision 2010/576/CFSP on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo) (1), last modified by Decision 2011/537/CFSP (2). EUPOL RD Congo expires on 30 September 2012. |
(2) |
On 13 July 2012, the Political and Security Committee endorsed the recommendation that EUPOL RD Congo should be extended for one year, followed by a final transition phase of twelve months with the aim of handing over its tasks. |
(3) |
EUPOL RD Congo should therefore be extended until 30 September 2013. |
(4) |
It is necessary to lay down the financial reference amount intended to cover the expenditure related to EUPOL RD Congo for the period from 1 October 2012 to 30 September 2013. |
(5) |
It is also necessary to adapt certain provisions regarding to EU classified information. |
(6) |
EUPOL RD Congo 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, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/576/CFSP is hereby amended as follows:
(1) |
In Article 1, paragraph 1 is replaced by the following: "1. The European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (hereinafter referred to as "EUPOL RD Congo" or "the Mission"), established by Joint Action 2007/405/CFSP, shall be extended for the period from 1 October 2010 to 30 September 2013."; |
(2) |
In Article 2, paragraph 1 is replaced by the following: "1. In order to improve the maturity and sustainability of the reform process of the Congolese National Police (PNC), EUPOL RD Congo shall assist the Congolese authorities in the implementation of the Police Action Plan and building the guidelines of the Strategic Framework. The Mission will contribute to local and international efforts for the reinforcements of PNC capabilities. EUPOL RD Congo shall focus on concrete activities and projects to underpin its action at the strategic level of the reform process, on capacity building and on enhancement of the interaction between the PNC and the wider criminal justice system with a view to better supporting the fight against sexual violence and impunity. EUPOL RD Congo shall work in close coordination with other Union, international and bilateral donors, with a view to avoiding duplication of efforts."; |
(3) |
In Article 7, paragraph 3 is replaced by the following: "3. All staff shall abide by the Mission-specific minimum security operating standards and the Mission security plan supporting the Union's field security policy. As regards the protection of EU classified information with which members of staff are entrusted in the course of their duties, all staff shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (*1). |
(4) |
Article 12 is replaced by the following: "Article 12 Security 1. The Civilian Operation Commander shall direct the Head of Mission's planning of security measures and ensure their proper and effective implementation for EUPOL RD Congo in accordance with Articles 5 and 9. 2. The Head of Mission shall be responsible for the security of the Mission and for ensuring compliance with minimum security requirements applicable to the Mission, in line with the Union policy 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 Senior Mission Security Officer (SMSO), who shall report to the Head of Mission and also maintain a close functional relationship with the European External Action Service (EEAS). 4. EUPOL RD Congo 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 SMSO. 5. The Head of Mission shall ensure the protection of EU classified information in accordance with Decision 2011/292/EU."; |
(5) |
The following subparagraph is added to Article 14(1): "The financial reference amount intended to cover the expenditure related to the Mission for the period from 1 October 2012 to 30 September 2013 shall be EUR 6 750 000."; |
(6) |
Article 16 is replaced by the following: "Article 16 Release of classified 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 the Mission, EU classified information and documents up to "CONFIDENTIEL UE / EU CONFIDENTIAL" level generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. 2. The HR shall also be authorised to release to the UN, in accordance with the operational needs of the Mission, EU classified information and documents up to "RESTREINT UE / EU RESTRICTED" level which are generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of UN 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 and documents up to "RESTREINT UE / EU RESTRICTED" level which are generated for the purposes of the Mission, 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 the Mission 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. (*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).";" |
(7) |
In Article 18, the second paragraph is replaced by the following: "It shall apply from 1 October 2010 to 30 September 2013.". |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 24 September 2012.
For the Council
The President
A. D. MAVROYIANNIS
25.9.2012 |
EN |
Official Journal of the European Union |
L 257/18 |
COUNCIL DECISION 2012/515/CFSP
of 24 September 2012
amending and extending Decision 2010/565/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 21 September 2010, the Council adopted Decision 2010/565/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) (1), last modified by Decision 2011/538/CFSP (2). EUSEC RD Congo expires on 30 September 2012. |
(2) |
On 13 July 2012, the Political and Security Committee endorsed the recommendation that EUSEC RD Congo should be extended for one year, followed by a twelve-month final transition phase with the aim of handing over its tasks. |
(3) |
EUSEC RD Congo should therefore be extended until 30 September 2013. |
(4) |
It is necessary to lay down the financial reference amount intended to cover the expenditure related to EUSEC RD Congo for the period from 1 October 2012 to 30 September 2013. |
(5) |
It is also necessary to adapt certain provisions regarding to EU classified information. |
(6) |
EUSEC RD Congo 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, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/565/CFSP is hereby amended as follows:
(1) |
The following subparagraph is added to Article 9(1): "The financial reference amount to cover expenditure relating to the mission shall be EUR 11 000 000 for the period from 1 October 2012 to 30 September 2013."; |
(2) |
Article 13 is replaced by the following: "Article 13 Release of classified 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 the Mission, EU classified information and documents up to "CONFIDENTIEL UE / EU CONFIDENTIAL" level generated for the purposes of the Mission, in accordance with Council Decision 2011/292/EU (*1) on security rules for protecting EU classified information. 2. The HR shall also be authorised to release to the UN, in accordance with the operational needs of the Mission, EU classified information and documents up to "RESTREINT UE / EU RESTRICTED" level which are generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of UN 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 and documents up to "RESTREINT UE / EU RESTRICTED" level which are generated for the purposes of the Mission, 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 the Mission 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. (*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).;" " |
(3) |
In Article 15, paragraph 3 is replaced by the following: "3. The Head of Mission shall be assisted by a Mission Security Officer (MSO) who shall report to him and shall also have a functional link with the European External Action Service (EEAS)."; |
(4) |
In Article 17, the second paragraph is replaced by the following: "It shall apply until 30 September 2013.". |
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 24 September 2012.
For the Council
The President
A. D. MAVROYIANNIS
25.9.2012 |
EN |
Official Journal of the European Union |
L 257/20 |
COUNCIL IMPLEMENTING DECISION 2012/516/CFSP
of 24 September 2012
implementing Decision 2012/285/CFSP concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union,
Having regard to Council Decision 2012/285/CFSP (1), and in particular Article 3 thereof,
Whereas:
(1) |
On 31 May 2012, the Council adopted Decision 2012/285/CFSP. |
(2) |
Following a decision by the United Nations Security Council (UNSC) Committee established pursuant to UNSC Resolution 2048 (2012), six persons should be removed from the list set out in Annex II to Council Decision 2012/285/CFSP and should be included in the list set out in Annex I to that Decision. It is also necessary to amend the entries for those persons. |
(3) |
The lists set out in Annexes I and II to Decision 2012/285/CFSP should therefore be amended accordingly, |
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 2012/285/CFSP. Those persons shall be added to the list set out in Annex I to Decision 2012/285/CFSP and the corresponding entries shall be amended as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 24 September 2012.
For the Council
The President
A. D. MAVROYIANNIS
ANNEX
PERSONS REFERRED TO IN ARTICLE 1
|
Name |
Identifying information (date and place of birth (d.o.b. and p.o.b.), passport/ID card number, etc.) |
Grounds for listing |
1. |
Captain (Navy) Sanhá CLUSSÉ |
Nationality: Guinea-Bissau D.o.b.: 28.9.1965 Parentage: Clusse Mutcha and Dalu Imbungue Official function: Acting Navy Chief of Staff Passport: SA 0000515 Date of issue: 8.12.2003 Place of issue: Guinea-Bissau Date of expiry: 29.8.2013 |
Member of the ‘Military Command’ which has assumed responsibility for the coup d’état of 12 April 2012. Very close to António Injai. Sanhá Clussé integrated the ‘Military Command’ delegation that met with ECOWAS in Abidjan on 26 April 2012. |
2. |
Colonel Cranha DANFÁ |
Nationality: Guinea-Bissau D.o.b.: 5.3.1957 Official function: Head of Operations of the Armed Forces Joint Staff Passport: AAIN29392 Date of issue: 29.9.2011 Place of issue: Guinea-Bissau Date of expiry: 29.9.2016 |
Member of the ‘Military Command’ which has assumed responsibility for the coup d’état of 12 April 2012. Close advisor to Armed Forces Chief of Staff António Injai. |
3. |
Major Idrissa DJALÓ |
Nationality: Guinea-Bissau D.o.b.: 6.1.1962 Official function: Protocol advisor to the Armed Forces Chief of Staff |
Point of Contact for the ‘Military Command’ which has assumed responsibility for the coup d’état of 12 April 2012 and one of its most active members. He was one of the first officers to publicly assume his affiliation to the ‘Military Command’, having signed one of its first communiqués (No 5, dated 13 April 2012). Major Djaló also belongs to the Military Intelligence. |
4. |
Lieutenant-colonel Tchipa NA BIDON |
Nationality: Guinea-Bissau D.o.b.: 28.5.1954 Parentage: ‘Nabidom’ Official function: Head of Intelligence Passport: Diplomatic Passport DA0001564 Date of issue: 30.11.2005 Place of issue: Guinea-Bissau Date of expiry: 15.5.2011 |
Member of the ‘Military Command’ which has assumed responsibility for the coup d’état of 12 April 2012. |
5. |
Lieutenant-colonel Tcham NA MAN (a.k.a. Namam) |
Nationality: Guinea-Bissau D.o.b.: 27.2.1953 Parentage: Biute Naman and Ndjade Na Noa Official function: Head of the Armed Forces Military Hospital Passport: SA0002264 Date of issue: 24.7.2006 Place of issue: Guinea-Bissau Date of expiry: 23.7.2009 |
Member of the ‘Military Command’ which has assumed responsibility for the coup d’état of 12 April 2012. Also a member of the Military High Command (highest hierarchy of the Bissau-Guinean Armed Forces). |
6. |
Lieutenant-colonel Júlio NHATE |
Nationality: Guinea-Bissau D.o.b.: 28.9.1965 Official function: Commander of the Paratroops Regiment |
Member of the ‘Military Command’ which has assumed responsibility for the coup d’état of 12 April 2012. A loyal ally of António Injai, Lt. Col. Júlio Nhate has the material responsibility for the 12 April 2012 coup, having conducted the military operation. |
Corrigenda
25.9.2012 |
EN |
Official Journal of the European Union |
L 257/22 |
Corrigendum to Regulation No 10 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of vehicles with regard to electromagnetic compatibility
( Official Journal of the European Union L 254 of 20 September 2012 )
In Annex 15, the following points 5, 5.1, 5.1.1 and 5.1.2 are added:
‘5. GENERATION OF REQUIRED TEST LEVEL
5.1. Test methodology
5.1.1. The test method according to IEC 61000-4-4: 2nd edition, 2004 shall be used to establish the test level requirements.
5.1.2. Test phase
The vehicle shall be positioned on the ground plane. The electrical fast transient/burst (EFT/B) shall be applied on the vehicle on the AC/DC power lines in common modes by using CDN as described in the figure of the appendix to this annex.
The test setup must be noted in the test report.’