ISSN 1977-0677 doi:10.3000/19770677.L_2013.306.eng |
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Official Journal of the European Union |
L 306 |
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English edition |
Legislation |
Volume 56 |
Contents |
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DECISIONS |
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2013/662/EU |
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Commission Implementing Decision of 14 October 2013 amending Decision 2009/767/EC as regards the establishment, maintenance and publication of trusted lists of certification service providers supervised/accredited by Member States (notified under document C(2013) 6543) ( 1 ) |
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2013/663/EU |
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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
16.11.2013 |
EN |
Official Journal of the European Union |
L 306/1 |
COUNCIL REGULATION (EU) No 1153/2013
of 15 November 2013
amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia
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 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP (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) |
Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia (2) imposes a general ban on the provision of technical advice, assistance, training, financing and financial assistance related to military activities to any person, entity or body in Somalia. |
(2) |
On 24 July 2013, the United Nations Security Council (UNSC) adopted Resolution 2111 (2013) thereby amending the arms embargo imposed by paragraph 5 of UNSC Resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of Resolution 1425 (2002), paragraph 12 of Resolution 1846 (2008), paragraph 11 of Resolution 1851 (2008) and modified by paragraphs 33 to 38 of Resolution 2093(2013) thereby providing for a derogation from the prohibition of assistance related to weapons and military equipment intended for the support of or use by the United Nations Assistance Mission in Somalia (UNSOM) and the European Union Training Mission in Somalia (EUTM). |
(3) |
On 15 November 2013 the Council adopted Decision 2013/659/CFSP (3), which amends Decision 2010/231/CFSP and provides for such derogations. |
(4) |
These 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 it, in particular with a view to ensuring its uniform application by economic operators in all Member States. |
(5) |
Regulation (EC) No 147/2003 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
In Regulation (EC) No 147/2003, Article 2a is replaced by the following:
‘Article 2a
By way of derogation from Article 1, the competent authority, as indicated in the websites set out in Annex I, in the Member State where the service provider is established, may authorise, under such conditions as it deems appropriate:
(a) |
the provision of financing, financial assistance, technical advice, assistance or training relating to military activities, if it has determined that such financing, advice, assistance or training is intended solely for the support of, or use by, the African Union Mission in Somalia (AMISOM) referred to in paragraph 10(b) of United Nations Security Council Resolution (UNSCR) 2111 (2013) or for the sole use of States or international, regional or sub-regional organisations undertaking measures in accordance with paragraph 10(e) of UNSCR 2111 (2013); |
(b) |
the provision of financing, financial assistance, technical advice, assistance or training relating to military activities, if it has determined that such financing, advice, assistance or training is intended solely for the support of, or use by, AMISOM’s strategic partners, operating solely under the African Union Strategic Concept of 5 January 2012 (or subsequent African Union strategic concepts), and in cooperation and coordination with AMISOM as stipulated in paragraph 10(c) of UNSCR 2111 (2013); |
(c) |
the provision of financing, financial assistance, technical advice, assistance or training relating to military activities, if it has determined that such financing, advice, assistance or training is intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM), as stipulated in paragraph 10(a) of UNSCR 2111(2013); |
(d) |
the provision of technical advice, assistance or training relating to military activities, if the following conditions are met:
|
(e) |
the provision of financing, financial assistance, technical advice, assistance or training relating to military activities, except in relation to the items set out in Annex III, if the following conditions are met:
|
(f) |
the provision of financing, financial assistance, technical advice, assistance or training relating to military activities, if it has determined that such financing, advice, assistance or training is intended solely for the support of or use by the European Union Training Mission in Somalia (EUTM).’ |
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, 15 November 2013.
For the Council
The President
R. ŠADŽIUS
(1) OJ L 105, 27.4.2010, p. 17.
(3) See page 15 of this Official Journal.
16.11.2013 |
EN |
Official Journal of the European Union |
L 306/3 |
COUNCIL IMPLEMENTING REGULATION (EU) No 1154/2013
of 15 November 2013
implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran (1), and in particular Article 46(2) thereof,
Whereas:
(1) |
On 23 March 2012, the Council adopted Regulation (EU) No 267/2012. |
(2) |
By its judgments of 6 September 2013 in Cases T-493/10 (2), T-4/11 and T-5/11 (3), T-12/11 (4), T-13/11 (5), T-24/11 (6), T-42/12 and 181/12 (7), T-57/12 (8) and T-110/12 (9), the General Court of the European Union annulled the Council’s decisions to include Persia International Bank plc, Export Development Bank of Iran, Iran Insurance Company, Post Bank Iran, Bank Refah Kargaran, Naser Bateni, Good Luck Shipping LLC and Iranian Offshore Engineering & Construction Co. on the list of persons and entities subject to restrictive measures set out in Annex IX to Regulation (EU) No 267/2012. |
(3) |
Persia International Bank plc, Export Development Bank of Iran, Iran Insurance Company, Post Bank Iran, Bank Refah Kargaran, Naser Bateni, Good Luck Shipping LLC and Iranian Offshore Engineering & Construction Co. should be included again on the list of persons and entities subject to restrictive measures set out in Annex IX to Regulation (EU) No 267/2012, on the basis of new statements of reasons concerning each of them. |
(4) |
An additional entity should be included in the list of persons and entities subject to restrictive measures set out in Annex IX to Regulation (EU) No 267/2012, the identifying information in relation to another entity should be amended. |
(5) |
Following the judgment of the General Court in Case T-421/11 (10), Qualitest FZE is not included in the list of persons and entities subject to restrictive measures set out in Annex IX to Regulation (EU) No 267/2012. |
(6) |
In order to ensure that the measures provided for in this Regulation are effective, it should enter into force on the day of its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex IX to Regulation (EU) No 267/2012 is amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 November 2013.
For the Council
The President
R. ŠADŽIUS
(2) Judgment of 6 September 2013 in Case T-493/10 Persia International Bank plc v Council of the European Union.
(3) Judgment of 6 September 2013 in joint Cases T-4/11 and T-5/11 Export Development Bank of Iran v Council of the European Union.
(4) Judgment of 6 September 2013 in Case T-12/11 Iran Insurance Company v Council of the European Union.
(5) Judgment of 6 September 2013 in Case T-13/11 Post Bank Iran v Council of the European Union.
(6) Judgment of 6 September 2013 in Case T-24/11 Bank Refah Kargaran v Council of the European Union.
(7) Judgment of 6 September 2013 in Cases T-42/12 and T-181/12 Naser Bateni v Council of the European Union.
(8) Judgment of 6 September 2013 in Case T-57/12 Good Luck Shipping LLC v Council of the European Union.
(9) Judgment of 6 September 2013 in Case T-110/12 Iranian Offshore Engineering & Construction Co. v Council of the European Union.
(10) Judgment of 5 December 2012 in Case T-421/11 Qualitest FZE v Council of the European Union.
ANNEX
I. The person and entities listed below are added to the list set out in Annex IX to Regulation (EU) No 267/2012
I. Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran
B. Entities
|
Name |
Identifying information |
Reasons |
Date of listing |
||
1. |
Post Bank of Iran (a.k.a. Post Bank Iran, Post Bank) |
|
Company which is majority owned by the Government of Iran and provides financial support to the Government of Iran. |
16.11.2013 |
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2. |
Iran Insurance Company (a.k.a. Bimeh Iran) |
121 Fatemi Ave., P.O. Box 14155-6363 Tehran, IranP.O. Box 14155-6363, 107 Fatemi Ave., Tehran, Iran |
Government-owned company which provides financial support to the Government of Iran. |
16.11.2013 |
||
3. |
Export Development Bank of Iran (EDBI) (including all branches and subsidiaries) |
Export Development Building, 21st floor, Tose’e tower, 15th St, Ahmad Qasir Ave, Tehran — Iran, 15138-35711 next to the 15th Alley, Bokharest Street, Argentina Square, Tehran, Iran; Tose’e Tower, corner of 15th St, Ahmad Qasir Ave., Argentine Square, Tehran, Iran; No 129, 21 ‘s Khaled Eslamboli, No 1 Building, Tehran, Iran; C.R. No 86936 (Iran) |
Government-owned company which provides financial support to the Government of Iran. |
16.11.2013 |
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4. |
Persia International Bank Plc |
6 Lothbury, London Post Code: EC2R 7HH, United Kingdom |
Entity owned by designated entities Bank Mellat and Bank Tejarat. |
16.11.2013 |
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5. |
Iranian Offshore Engineering & Construction Co. (IOEC) |
18 Shahid Dehghani Street, Qarani Street, Tehran 19395-5999 Or: No 52 North Kheradmand Avenue (Corner of 6th Alley) Tehran, IRAN Web: http://www.ioec.com/ |
Important entity in the energy sector which provides substantial revenues to the Government of Iran. As such, IOEC provides financial and logistical support to the Government of Iran. |
16.11.2013 |
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6. |
Bank Refah Kargaran (a.k.a. Bank Refah) |
40, North Shiraz Street, Mollasadra Ave., Vanak Sq., Tehran, Postal Code 19917, Iran Swift: REF AIRTH |
Entity providing support to the Government of Iran. It is 94 per cent owned by the Iranian Social Security Organisation, which in turn is controlled by the Government of Iran, and it provides banking services to government ministries. |
16.11.2013 |
III. Islamic Republic of Iran Shipping Lines (IRISL)
A. Persons
|
Name |
Identifying information |
Reasons |
Date of listing |
1. |
Naser Bateni |
Born on 16 December 1962, Iranian. |
Naser Bateni acts on behalf of IRISL. He was a director of IRISL until 2008 and he was subsequently Managing Director of IRISL Europe GmbH. He is the managing director of Hanseatic Trade and Trust Shipping GmbH (HTTS) which as their general agent provides essential services to the Safiran Payam Darya Shipping Lines (SAPID) and to Hafize Darya Shipping Lines (HDS Lines), both of which are designated entities acting on behalf of IRISL. |
16.11.2013 |
B. Entities
|
Name |
Identifying information |
Reasons |
Date of listing |
1. |
Good Luck Shipping Company LLC (a.k.a. Good Luck Shipping Company) |
P.O. Box 5562, Dubai; or P.O. Box 8486, Dubai, United Arab Emirates |
Good Luck Shipping Company LLC as the agent for Hafize Darya Shipping Lines (HDS Lines) in the United Arab Emirates provides essential services to HDS Lines which is a designated entity acting on behalf of IRISL. |
16.11.2013 |
2. |
Hanseatic Trade Trust & Shipping (HTTS) GmbH |
Postal address: Schottweg 7, 22087 Hamburg, Germany; Alternative address: Opp 7th Alley, Zarafshan St, Eivanak St, Qods Township. |
Hanseatic Trade and Trust Shipping GmbH (HTTS) is the general agent for and as such provides essential services to Safiran Payam Darya Shipping Lines (SAPID) and to Hafize Darya Shipping Lines (HDS Lines), both of which are entities designated as acting on behalf of IRISL. |
16.11.2013 |
II. The entry for the entity set out in Annex IX to Regulation (EU) No 267/2012 listed below shall be replaced by the entry below
B. Entities
|
Name |
Identifying information |
Reasons |
Date of listing |
1. |
Onerbank ZAO (a.k.a. Onerbank ZAT, Eftekhar Bank, Honor Bank, Honorbank, North European Bank) |
Ulitsa Klary Tsetkin 51- 1, 220004, Minsk, Belarus |
Belarus-based bank owned by Bank Refah Kargaran, Bank Saderat and Bank Toseeh Saderat Iran |
23.5.2011 |
16.11.2013 |
EN |
Official Journal of the European Union |
L 306/7 |
COMMISSION DELEGATED REGULATION (EU) No 1155/2013
of 21 August 2013
amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as regards information on the absence or reduced presence of gluten in food
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (1), and in particular Article 36(4) thereof,
Whereas:
(1) |
Paragraph 2 of Article 36 of Regulation (EU) No 1169/2011 requires that information that may be provided by food business operators does not mislead the consumer, is not ambiguous or confusing for the consumer and, where appropriate, is based on the relevant scientific data. |
(2) |
According to paragraph 3 of that Article the Commission is to adopt implementing acts on the application of those requirements to the cases identified in that paragraph. |
(3) |
Paragraph 4 of that Article provides for the possibility to supplement paragraph 3 by adding other specific cases in which the Commission is to implement those requirements in order to ensure that consumers are appropriately informed. |
(4) |
People with coeliac disease suffer from a permanent intolerance to gluten. Gluten can cause adverse effects to those people and therefore it should be absent or present in very low amounts in their diet. |
(5) |
Commission Regulation (EC) No 41/2009 (2) sets out harmonised rules on the information that is provided to consumers on the absence or reduced presence of gluten in food. Regulation (EU) No 609/2013 of the European Parliament and of the Council (3) foresees the repeal of Regulation (EC) No 41/2009 from 20 July 2016. |
(6) |
Consumers should continue to be appropriately informed and not misled or confused when information on the absence or reduced presence of gluten in foods is provided by food business operators after the repeal of Regulation (EC) No 41/2009. It is therefore necessary to amend paragraph 3 of Article 36 of Regulation (EU) No 1169/2011 in order to allow the Commission to establish uniform conditions for food information on the absence or reduced presence of gluten in food that may be provided by food business operators, |
HAS ADOPTED THIS REGULATION:
Article 1
In the first subparagraph of Article 36(3) of Regulation (EU) No 1169/2011, the following point (d) is added:
‘(d) |
information on the absence or reduced presence of gluten in food.’ |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 August 2013.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 304, 22.11.2011, p. 18.
(2) Commission Regulation (EC) No 41/2009 of 20 January 2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten (OJ L 16, 21.1.2009, p. 3).
(3) Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35).
16.11.2013 |
EN |
Official Journal of the European Union |
L 306/8 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1156/2013
of 14 November 2013
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1) |
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation. |
(2) |
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods. |
(3) |
Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table. |
(4) |
It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at three months. |
(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2
Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 November 2013.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
(2) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).
ANNEX
Description of the goods |
Classification (CN code) |
Reasons |
||||||||||||||||||
(1) |
(2) |
(3) |
||||||||||||||||||
An incomplete colour television of the liquid crystal display (LCD) type, without a so-called ‘tuner’, with a diagonal measurement of the screen of approximately 81 cm (32 inches) and with dimensions (without stand) of approximately 75 × 44 × 5 cm with:
It is equipped with the following video interfaces:
The apparatus is also equipped with a MPEG decoder for decompressing digital video signals and with electronics for controlling the channel selection (tuning) and memorisation. It has a fixed stand without tilt and swivel mechanism and is presented with a remote control. |
8528 72 40 |
Classification is determined by the provisions of general rules 1, 2(a) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8528 , 8528 72 and 8528 72 40 . Given its objective characteristics, namely the slot for the insertion of a so-called ‘tuner’, the presence of a MPEG decoder and electronics for controlling the channel selection (tuning) and memorisation, the apparatus has the essential character of a complete reception apparatus for television. Consequently, classification under subheadings 8528 51 or 8528 59 as a monitor is excluded. The apparatus is therefore to be classified under CN code 8528 72 40 as a reception apparatus for television with a screen of the liquid crystal display (LCD) technology. |
16.11.2013 |
EN |
Official Journal of the European Union |
L 306/10 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1157/2013
of 15 November 2013
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, 15 November 2013.
For the Commission, On behalf of the President,
Jerzy PLEWA
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 |
AL |
50,7 |
MA |
39,1 |
|
MK |
55,3 |
|
ZZ |
48,4 |
|
0707 00 05 |
AL |
45,1 |
MK |
59,9 |
|
TR |
128,8 |
|
ZZ |
77,9 |
|
0709 93 10 |
MA |
85,6 |
TR |
163,7 |
|
ZZ |
124,7 |
|
0805 20 10 |
MA |
65,4 |
ZZ |
65,4 |
|
0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 |
IL |
78,7 |
TR |
77,9 |
|
ZA |
157,1 |
|
ZZ |
104,6 |
|
0805 50 10 |
TR |
78,2 |
ZZ |
78,2 |
|
0806 10 10 |
BR |
244,0 |
LB |
250,2 |
|
PE |
322,3 |
|
TR |
169,1 |
|
US |
362,2 |
|
ZZ |
269,6 |
|
0808 10 80 |
BR |
93,9 |
CL |
102,3 |
|
MK |
32,3 |
|
NZ |
93,9 |
|
US |
110,2 |
|
ZA |
218,8 |
|
ZZ |
108,6 |
|
0808 30 90 |
CN |
52,9 |
TR |
112,1 |
|
ZZ |
82,5 |
(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’.
16.11.2013 |
EN |
Official Journal of the European Union |
L 306/12 |
COMMISSION IMPLEMENTING REGULATION (EU) No 1158/2013
of 15 November 2013
fixing the import duties in the cereals sector applicable from 16 November 2013
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1) |
Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
(2) |
Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question. |
(3) |
Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation. |
(4) |
Import duties should be fixed for the period from 16 November 2013 and should apply until new import duties are fixed and enter into force. |
(5) |
Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
From 16 November 2013, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
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, 15 November 2013.
For the Commission, On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
ANNEX I
Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 16 November 2013
CN code |
Description |
Import duties (1) (EUR/t) |
1001 19 00 1001 11 00 |
Durum wheat, high quality |
0,00 |
medium quality |
0,00 |
|
low quality |
0,00 |
|
ex 1001 91 20 |
Common wheat seed |
0,00 |
ex 1001 99 00 |
High quality common wheat other than for sowing |
0,00 |
1002 10 00 1002 90 00 |
Rye |
0,00 |
1005 10 90 |
Maize seed other than hybrid |
0,00 |
1005 90 00 |
Maize other than seed (2) |
0,00 |
1007 10 90 1007 90 00 |
Grain sorghum other than hybrids for sowing |
0,00 |
(1) The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:
— |
EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal, |
— |
EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean. |
(2) The importer may benefit from a flat-rate reduction of EUR 24/t where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.
ANNEX II
Factors for calculating the duties laid down in Annex I
1.11.2013-14.11.2013
1. |
Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:
|
2. |
Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:
|
(1) Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).
(2) Discount of EUR 10/t (Article 5(3) of Regulation (EU) No 642/2010).
(3) Discount of EUR 30/t (Article 5(3) of Regulation (EU) No 642/2010).
DECISIONS
16.11.2013 |
EN |
Official Journal of the European Union |
L 306/15 |
COUNCIL DECISION 2013/659/CFSP
of 15 November 2013
amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, in particular Article 29 thereof,
Whereas:
(1) |
On 26 April 2010, the Council adopted Decision 2010/231/CFSP (1) concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP. |
(2) |
On 24 July 2013, the United Nations Security Council adopted resolution 2111 (2013) thereby amending the arms embargo imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002), paragraph 12 of resolution 1846 (2008), paragraph 11 of resolution 1851 (2008) and paragraphs 33 to 38 of resolution 2093 (2013). |
(3) |
Decision 2010/231/CFSP should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/231/CFSP is amended as follows:
(1) |
Article 1(3) is replaced by the following: ‘3. Paragraphs 1 and 2 shall not apply to:
|
(2) |
the title of Annex II is replaced by the following: ‘List of items referred to in points (f) and (g) of Article 1(3)’. |
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, 15 November 2013.
For the Council
The President
R. ŠADŽIUS
16.11.2013 |
EN |
Official Journal of the European Union |
L 306/17 |
COUNCIL DECISION 2013/660/CFSP
of 15 November 2013
amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)
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) |
On 16 July 2012, the Council adopted Decision 2012/389/CFSP (1). That Decision expires on 15 July 2014. |
(2) |
On 9 July 2013, the Council adopted Decision 2013/367/CFSP (2) which amended Decision 2012/389/CFSP and extended the period covered by the financial reference amount until 15 November 2013. |
(3) |
Decision 2012/389/CFSP should be amended in order to provide for a new financial reference amount for the period from 16 November 2013 until 15 July 2014. |
(4) |
EUCAP NESTOR 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
Article 13(1) of Decision 2012/389/CFSP is replaced by the following:
‘1. The financial reference amount intended to cover the expenditure related to EUCAP NESTOR from 16 July 2012 to 15 November 2013 shall be EUR 22 880 000.
The financial reference amount to cover the expenditure related to EUCAP NESTOR for the period from 16 November 2013 to 15 July 2014 shall be EUR 11 950 000.’.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 15 November 2013.
For the Council
The President
R. ŠADŽIUS
(1) Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 187, 17.7.2012, p. 40).
(2) Council Decision 2013/367/CFSP of 9 July 2013 amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 189, 10.7.2013, p. 12).
16.11.2013 |
EN |
Official Journal of the European Union |
L 306/18 |
COUNCIL DECISION 2013/661/CFSP
of 15 November 2013
amending Decision 2010/413/CFSP concerning restrictive measures against Iran
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (1), and in particular Article 23(2) thereof,
Whereas:
(1) |
On 26 July 2010, the Council adopted Decision 2010/413/CFSP concerning restrictive measures against Iran. |
(2) |
By its judgments of 6 September 2013 in Cases T-493/10 (2), T-4/11 and T-5/11 (3), T-12/11 (4), T-13/11 (5), T-24/11 (6), T-42/12 and T-181/12 (7), T-57/12 (8) and T-110/12 (9), the General Court of the European Union annulled the Council’s decisions to include Persia International Bank plc, Export Development Bank of Iran, Iran Insurance Company, Post Bank Iran, Bank Refah Kargaran, Naser Bateni, Good Luck Shipping LLC and Iranian Offshore Engineering & Construction Co. on the list of persons and entities subject to restrictive measures in Annex II to Decision 2010/413/CFSP. |
(3) |
Persia International Bank plc, Export Development Bank of Iran, Iran Insurance Company, Post Bank Iran, Bank Refah Kargaran, Naser Bateni, Good Luck Shipping LLC and Iranian Offshore Engineering & Construction Co. should be included again on the list of persons and entities subject to restrictive measures, on the basis of new statements of reasons concerning each of them. |
(4) |
An additional entity should be included on the list of persons and entities subject to restrictive measures, and the identifying information in relation to another entity subject to restrictive measures should be amended. |
(5) |
Following the judgment of the General Court in Case T-421/11 (10), Qualitest FZE is not included on the list of persons and entities subject to restrictive measures in Annex II to Decision 2010/413/CFSP, |
HAS ADOPTED THIS DECISION:
Article 1
Annex II to Decision 2010/413/CFSP is 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, 15 November 2013.
For the Council
The President
R. ŠADŽIUS
(1) OJ L 195, 27.7.2010, p. 39.
(2) Judgment of 6 September 2013 in Case T-493/10 Persia International Bank plc v Council of the European Union.
(3) Judgment of 6 September 2013 in joint Cases T-4/11 and T-5/11 Export Development Bank of Iran v Council of the European Union.
(4) Judgment of 6 September 2013 in Case T-12/11 Iran Insurance Company v Council of the European Union.
(5) Judgment of 6 September 2013 in Case T-13/11 Post Bank Iran v Council of the European Union.
(6) Judgment of 6 September 2013 in Case T-24/11 Bank Refah Kargaran v Council of the European Union.
(7) Judgment of 6 September 2013 in Cases T-42/12 and T-181/12 Naser Bateni v Council of the European Union.
(8) Judgment of 6 September 2013 in Case T-57/12 Good Luck Shipping LLC v Council of the European Union.
(9) Judgment of 6 September 2013 in Case T-110/12 Iranian Offshore Engineering & Construction Co. v Council of the European Union.
(10) Judgment of 5 December 2012 in Case T-421/11 Qualitest FZE v Council of the European Union.
ANNEX
I. The person and entities listed below are added to the list set out in Annex II to Decision 2010/413/CFSP
I. Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran
B. Entities
|
Name |
Identifying information |
Reasons |
Date of listing |
||
1. |
Post Bank of Iran (a.k.a. Post Bank Iran, Post Bank) |
|
Company which is majority owned by the Government of Iran and provides financial support to the Government of Iran. |
16.11.2013 |
||
2. |
Iran Insurance Company (a.k.a. Bimeh Iran) |
121 Fatemi Ave., P.O. Box 14155-6363 Tehran, IranP.O. Box 14155-6363, 107 Fatemi Ave., Tehran, Iran |
Government-owned company which provides financial support to the Government of Iran. |
16.11.2013 |
||
3. |
Export Development Bank of Iran (EDBI) (including all branches and subsidiaries) |
Export Development Building, 21th floor, Tose'e tower, 15th st, Ahmad Qasir Ave, Tehran - Iran, 15138-35711 next to the 15th Alley, Bokharest Street, Argentina Square, Tehran, Iran; Tose'e Tower, corner of 15th St, Ahmad Qasir Ave., Argentine Square, Tehran, Iran; No. 129, 21 's Khaled Eslamboli, No. 1 Building, Tehran, Iran; C.R. No. 86936 (Iran) |
Government-owned company which provides financial support to the Government of Iran. |
16.11.2013 |
||
4. |
Persia International Bank Plc |
6 Lothbury, London Post Code: EC2R 7HH, United Kingdom |
Entity owned by designated entities Bank Mellat and Bank Tejarat. |
16.11.2013 |
||
5. |
Iranian Offshore Engineering & Construction Co (IOEC) |
18 Shahid Dehghani Street, Qarani Street, Tehran 19395-5999 Or: No.52 North Kheradmand Avenue (Corner of 6th Alley) Tehran, IRAN Web: http://www.ioec.com/ |
Important entity in the energy sector which provides substantial revenues to the Government of Iran. As such, IOEC provides financial and logistical support to the Government of Iran. |
16.11.2013 |
||
6. |
Bank Refah Kargaran (a.k.a. Bank Refah) |
40, North Shiraz Street, Mollasadra Ave., Vanak Sq., Tehran, Postal Code 19917, Iran Swift: REF AIRTH |
Entity providing support to the Government of Iran. It is 94 per cent owned by the Iranian Social Security Organisation, which in turn is controlled by the Government of Iran, and it provides banking services to government ministries. |
16.11.2013 |
III. Islamic Republic of Iran Shipping Lines (IRISL)
A. Persons
|
Name |
Identifying information |
Reasons |
Date of listing |
1. |
Naser Bateni |
Born on 16 December 1962, Iranian. |
Naser Bateni acts on behalf of IRISL. He was a director of IRISL until 2008 and he was subsequently Managing Director of IRISL Europe GmbH. He is the managing director of Hanseatic Trade and Trust Shipping GmbH (HTTS) which, as their general agent, provides essential services to the Safiran Payam Darya Shipping Lines (SAPID) and to Hafize Darya Shipping Lines (HDS Lines), both of which are designated entities acting on behalf of IRISL. |
16.11.2013 |
B. Entities
|
Name |
Identifying information |
Reasons |
Date of listing |
1. |
Good Luck Shipping Company LLC (a.k.a. Good Luck Shipping Company) |
P.O. BOX 5562, Dubai; or P.O. Box 8486, Dubai, United Arab Emirates |
Good Luck Shipping Company LLC as the agent for Hafize Darya Shipping Lines (HDS Lines) in the United Arab Emirates provides essential services to HDS Lines which is a designated entity acting on behalf of IRISL. |
16.11.2013 |
2. |
Hanseatic Trade Trust & Shipping (HTTS) GmbH |
Postal address: Schottweg 7, 22087 Hamburg, Germany; Alternative address: Opp 7th Alley, Zarafshan St, Eivanak St, Qods Township. |
Hanseatic Trade and Trust Shipping GmbH (HTTS) is the general agent for and as such provides essential services to Safiran Payam Darya Shipping Lines (SAPID) and to Hafize Darya Shipping Lines (HDS Lines), both of which are entities designated as acting on behalf of IRISL. |
16.11.2013 |
II. The entry for the entity set out in Annex II to Decision 2010/413/CFSP listed below shall be replaced by the entry below
B. Entities
|
Name |
Identifying information |
Reasons |
Date of listing |
1. |
Onerbank ZAO (a.k.a. Onerbank ZAT, Eftekhar Bank, Honor Bank, Honorbank, North European Bank) |
Ulitsa Klary Tsetkin 51- 1, 220004, Minsk, Belarus |
Belarus-based bank owned by Bank Refah Kargaran, Bank Saderat and Bank Toseeh Saderat Iran |
23.5.2011 |
16.11.2013 |
EN |
Official Journal of the European Union |
L 306/21 |
COMMISSION IMPLEMENTING DECISION
of 14 October 2013
amending Decision 2009/767/EC as regards the establishment, maintenance and publication of trusted lists of certification service providers supervised/accredited by Member States
(notified under document C(2013) 6543)
(Text with EEA relevance)
(2013/662/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (1), and in particular Article 8(3) thereof,
Whereas:
(1) |
Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the ‘Points of Single Contact’ under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (2) obliges Member States to make available information necessary for the validation of advanced electronic signatures supported by a qualified certificate. This information is to be set out uniformly using the so-called ‘trusted lists’ containing information on certification service providers issuing qualified certificates to the public in accordance with Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (3) and are supervised/accredited by the Member States. |
(2) |
Practical experience with the implementation of Decision 2009/767/EC by Member States has shown that certain improvements are necessary to maximise the benefits of trusted lists. Moreover, the European Telecommunications Standards Institute (ETSI) has published new technical specifications for trusted lists (TS 119 612) that are based on the specifications currently included in the Annex of the Decision, but which, at the same time, make a number of improvements to the existing specifications. |
(3) |
Decision 2009/767/EC should therefore be amended to refer to the ETSI technical specifications 119 612 and to incorporate changes considered necessary to improve and facilitate the implementation and use of trusted lists. |
(4) |
For the purpose of allowing Member States to carry out the required technical changes to their current trusted lists it is appropriate that this Decision should apply as of 1 February 2014. |
(5) |
The measures provided for in this Decision are in accordance with the opinion of the Services Directive Committee, |
HAS ADOPTED THIS DECISION:
Article 1
Amendments to Decision 2009/767/EC
Decision 2009/767/EC is amended as follows:
(1) |
Article 2 is amended as follows:
|
(2) |
the Annex is replaced by the Annex to this Decision. |
Article 2
Application
This Decision shall apply from 1 February 2014.
Article 3
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 14 October 2013.
For the Commission
Michel BARNIER
Member of the Commission
(1) OJ L 376, 27.12.2006, p. 36.
ANNEX
TECHNICAL SPECIFICATIONS FOR A COMMON TEMPLATE FOR THE ‘TRUSTED LIST OF SUPERVISED/ACCREDITED CERTIFICATION SERVICE PROVIDERS’
GENERAL REQUIREMENTS
1. Introduction
The purpose of the Common Template for Member States’ ‘Trusted List of supervised/accredited Certification Service Providers’ is to establish a common way in which each Member State provides information about the supervision/accreditation status of the certification services from Certification Service Providers (1) (CSPs) who are supervised/accredited by them for compliance with the relevant provisions of Directive 1999/93/EC. This includes the provision of historical information about the supervision/accreditation status of the supervised/accredited certification services.
This information is primarily aimed at supporting the validation of Qualified Electronic Signatures (QES) and Advanced Electronic Signatures (AdES) (2) supported by a Qualified Certificate (3) (4).
The mandatory information in the Trusted List must include, as a minimum, information on supervised/accredited CSPs issuing Qualified Certificates (QCs) (5) in accordance with the provisions laid down in Directive 1999/93/EC (Article 3(2) and (3), and Article 7(1)(a)), including, when this is not part of the QCs, information on the QCs supporting an electronic signature and whether or not the signature is created by a Secure Signature Creation Device (SSCD) (6).
Additional information on other CSPs not issuing QCs but providing services related to electronic signatures (e.g. CSP providing Time Stamping Services and issuing Time Stamp Tokens, CSP issuing non-Qualified certificates, etc.) may be included in the Trusted List at a national level on a voluntary basis provided they are either accredited/supervised in a similar way as the CSPs issuing QC or approved under a different national approval scheme. The national approval schemes may in some Member States differ from the supervision or voluntary accreditation schemes applicable for CSPs issuing QCs with regard to applicable requirements and/or the responsible organisation. The terms ‘accredited’ and/or ‘supervised’ in the present specifications also cover the national approval schemes but additional information on the nature of any national schemes will be provided by Member States in their Trusted List, including clarification on the possible differences with the accreditation/supervision schemes applied to CSPs issuing QCs.
The Common Template relies on ETSI TS 119 612 v1.1.1 (7) (hereafter referred to as ETSI TS 119 612) that addresses the establishment, publication, location, access, authentication and integrity of such lists.
2. Structure of the Common Template for the Trusted List
The Common Template for a Member State Trusted List is structured according to ETSI TS 119 612 into the following categories of information:
1. |
A trusted list tag facilitating the identification of the Trusted List during electronic searches; |
2. |
Information on the Trusted List and its issuing scheme; |
3. |
A sequence of fields containing unambiguous identification information about every supervised/accredited CSP under the scheme (this sequence is optional, i.e. when not used, the list will be deemed to have no content thereby denoting the absence of any supervised or accredited CSP in the associated Member State for the purposes of the Trusted List); |
4. |
For each listed CSP, the details of its specific trust services, the current status of which are recorded within the Trusted List, are provided as a sequence of fields unambiguously identifying supervised/accredited certification services provided by the CSP and their current status (this sequence must have a minimum of one entry); |
5. |
For each listed supervised/accredited certification service, the information on the history of this status, when applicable; |
6. |
The signature applied on the Trusted List. |
In the context of a CSP issuing QCs, the structure of the Trusted List and in particular the service information component (as per point 4 above) allows for complementary information in service information extensions to compensate for those situations where insufficient (machine processable) information is available within the qualified certificate about its ‘qualified’ status, its potential support by an SSCD and especially in order to cope with the additional fact that most of the (commercial) CSPs are using one single issuing Certification Authority (CA) to issue several types of end-entity certificates, both qualified and non-qualified.
In the context of certificate generation (CA) services, the number of service entries in the list for a CSP may be reduced where one or several upper CA services exist within the CSP’s PKI (e.g. in the context of a hierarchy of CAs from a Root CA down to several issuing CAs) by listing such upper CA services and not the CA services issuing end-entity certificates (e.g. listing the CSP Root CA only). However in those cases, the status information applies to the whole hierarchy of CA services below the listed service and the principle of ensuring the unambiguous link between a CSPQC certification service and the set of certificates intended to be identified as QCs has to be maintained and ensured.
2.1. Description of information in each category
1.
2.
The following information is part of this category:
— |
A Trusted List format version identifier, |
— |
A Trusted List sequence (or release) number, |
— |
A Trusted List type information (e.g. for identification of the fact that this Trusted List is providing information on the supervision/accreditation status of certification services from CSPs supervised/accredited by the referenced Member State for compliance with the provisions laid down in Directive 1999/93/EC), |
— |
A Trusted List scheme operator (owner) information (e.g. name, address, contact information, etc. of the Member State Body in charge of establishing, publishing securely and maintaining the Trusted List); |
— |
Information about the underlying supervision/accreditation scheme(s) to which the Trusted List is associated, including but not limited to:
|
— |
Trusted List policy and/or legal notice, liabilities, responsibilities, |
— |
Trusted List issue date and time, |
— |
Trusted List next planned update. |
3.
This set of information includes at least the following:
— |
The CSP organisation name as used in formal legal registrations (including the CSP organisation UID following Member State practices), |
— |
The CSP address and contact information, |
— |
Additional information on the CSP either included directly or by reference to a location from where such additional information can be downloaded. |
4.
This set of information includes at least the following for each certification service from a listed CSP:
— |
Service type identifier: An identifier of the type of certification service (e.g. identifier indicating that the supervised/accredited certification service from the CSP is a Certification Authority issuing QCs), |
— |
Service (trade) name: (trade) name of this certification service, |
— |
Service digital identity: An unambiguous unique identifier of the certification service, |
— |
Service current status: An identifier of the current status of the service, |
— |
The current status starting date and time, |
— |
Service information extension, when applicable: Additional information on the service (e.g. directly included or included by reference to a location from which information can be downloaded): service definition information provided by the scheme operator, access information with regards to the service, service definition information provided by the CSP and service information extensions. E.g. for CA/QC services, an optional sequence of tuples of information, each tuple providing,
|
5.
6.
3. Guidelines for editing entries in the Trusted List
3.1. Status information on supervised/accredited certification services and their providers in a single list
The Trusted List of a Member State means the ‘Supervision/Accreditation Status List of certification services from Certification Service Providers who are supervised/accredited by the referenced Member State for compliance with the relevant provisions of Directive 1999/93/EC’.
Such a Trusted List is the single instrument to be used by the relevant Member State to provide information on the supervision/accreditation status of certification services and their providers:
— |
all Certification Service Providers, as defined in Article 2(11) of Directive 1999/93/EC, i.e. ‘entity or a legal or natural person who issues certificates or provides other services related to electronic signatures’, |
— |
that are supervised/accredited for compliance with the relevant provisions laid down in Directive 1999/93/EC. |
When considering the definitions and provisions laid down in Directive 1999/93/EC, in particular with regard to the relevant CSPs and their supervision/voluntary accreditation systems, two sets of CSPs can be distinguished, namely the CSPs issuing QCs to the public (CSPQC), and the CSPs not issuing QCs to the public but providing ‘other (ancillary) services related to electronic signatures’:
— |
CSPs issuing QCs:
|
— |
CSPs not issuing QCs:
|
One single Trusted List must be established and maintained per Member State to indicate the supervision and/or accreditation status of those certification services from those CSPs that are supervised/accredited by the Member State. The Trusted List shall include at least those CSPs issuing QCs. The Trusted List may also indicate the status of other certification services supervised or accredited under a nationally defined approval scheme.
3.2. A single set of Supervision/Accreditation status values
In the Trusted List, the fact that a service is currently either ‘supervised’ or ‘accredited’ is given by the value of its current status. In addition to that, a supervision or accreditation status can be positive (‘under supervision’, ‘accredited’, ‘supervision in cessation’), ceased (‘supervision ceased’, ‘accreditation ceased’), or even revoked (‘supervision revoked’, ‘accreditation revoked’) and be set to the corresponding value. Throughout its lifetime, the same certification service may move from a supervision status to an accreditation status and vice versa (8).
Figure 1 below describes the expected flow, for one single certification service, between possible supervision/accreditation statuses:
Figure 1
Expected supervision/accreditation status flow for a single CSP service
Start
Under Supervision
Accredited
Supervision in cessation
Accreditation ceased
Supervision ceased
Accreditation revoked
Supervision revoked
Legend:
Transit Status when there is an associated supervision model (e.g. for a CSP issuing QC accredited and supervised in the Member State in which it is established),
Possible Current Status when there is no associated supervision model (e.g. for a CSP accredited in a Member State in which it is not established)
Possible Current Status
When established in a Member State, a certification service issuing QCs must be supervised (by the Member State in which it is established) and may be voluntarily accredited. The status value of such a service when listed in a Trusted List must have one of the above depicted status values as ‘current status value’ in accordance with its actual status and must change, when applicable, according to the status flow depicted above. However, ‘Accreditation ceased’ and ‘Accreditation revoked’ must both be ‘transit status’ values when the corresponding CSPQC service is listed in the Trusted List of the Member State in which it is established, as such a service must be supervised by default (even when not or no longer accredited); when the corresponding service is listed (accredited) in another Member State than the one it is established in, these values may be final values.
Member States establishing or having established a nationally defined ‘recognised approval scheme(s)’ implemented on a national basis for the supervision of compliance of services from CSPs not issuing QCs with the provisions laid down in Directive 1999/93/EC and with possible national provisions with regard to the provision of certification services (in the sense of Article 2(11) of Directive 1999/93/EC) must categorise such approval scheme(s) under the following two categories:
— |
‘voluntary accreditation’ as defined and regulated in Directive 1999/93/EC (Article 2(13), Article 3(2), Article 7(1)(a), Article 8(1), Article 11, recitals 4, 11, 12 and 13), |
— |
‘supervision’ as required in Directive 1999/93/EC and implemented by national provisions and requirements in accordance with national laws. |
Accordingly, a certification service not issuing QCs may be supervised or voluntarily accredited. The status value of such a service when listed in a Trusted List must have one of the above depicted status values as its ‘current status value’ (see Figure 1) in accordance with its actual status and must evolve, when applicable, according to the status flow depicted above.
The Trusted List must contain information about the underlying supervision/accreditation scheme(s), in particular:
— |
Information on the supervision system applicable to any CSPQC, |
— |
Information, when applicable, on the national ‘voluntary accreditation’ scheme applicable to any CSPQC, |
— |
Information, when applicable, on the supervision system applicable to any CSP not issuing QCs, |
— |
Information, when applicable, on the national ‘voluntary accreditation’ scheme applicable to any CSP not issuing QCs. |
The last two sets of information are of critical importance for relying parties to assess the quality and security level of such supervision/accreditation systems applied at national level to CSPs not issuing QCs. When supervision/accreditation status information is provided in the Trusted List with regard to services from CSPs not issuing QCs, the aforementioned sets of information shall be provided at Trusted List level through the use of ‘Scheme information URI’ (clause 5.3.7 — information being provided by Member States), ‘Scheme type/community/rules’ (clause 5.3.9 — through the use of a text common to all Member States, and optional specific information provided by a Member State) and ‘TSL policy/legal notice’ (clause 5.3.11 — a text common to all Member States referring to Directive 1999/93/EC, together with the ability for each Member State to add Member State specific text/references).
Additional ‘qualification’ information defined at the level of national supervision/accreditation systems for CSPs not issuing QCs may be provided at the service level when applicable and required (e.g. to distinguish between several quality/security levels) through the use of ‘additionalServiceInformation Extension’ (clause 5.5.9.4) as part of ‘Service information extensions’ (clause 5.5.9). Further information on the corresponding technical specifications is provided in the detailed specifications in Chapter I.
Despite the fact that separate bodies of a Member State may be in charge of the supervision and accreditation of certification services in that Member State, it is expected that only one entry must be used for one single certification service and that its supervision/accreditation status must be updated accordingly.
3.3. Trusted List entries aiming at facilitating the validation of QES and AdESQC
The most critical part of the creation of the Trusted List is the establishment of the mandatory part of the Trusted List, namely the ‘List of services’ per CSP issuing QCs, in order to reflect correctly the exact situation of each QC-issuing certification service and to ensure that the information provided in each entry is sufficient to facilitate the validation of QES and AdESQC (when combined with the content of the end-entity QC issued by the CSP under the certification service listed in this entry).
The required information might include information other than the ‘Service digital identity’ of a single (Root) CA, in particular information identifying the QC status of certificates issued by such a CA service, and whether or not the supported signatures are created by an SSCD. The Body in a Member State that is designated to establish, edit and maintain the Trusted List must therefore take into account the current profile and certificate content in each issued QC, per CSPQC service covered by the Trusted List.
Ideally each issued QC should include the ETSI defined QcCompliance (9) statement when it is claimed that it is a QC and should include the ETSI defined QcSSCD statement when it is claimed that it is supported by an SSCD to generate eSignatures, and/or that each issued QC includes one of the QCP/QCP+ certificate policy Object Identifiers (OIDs) defined in ETSI EN 319 411-2 (10). The use by CSPs issuing QCs of different standards as references, the wide degree of interpretation of those standards as well as the lack of awareness of the existence and precedence of some normative technical specifications or standards has resulted in differences in the actual content of currently issued QCs (e.g. the use or not of those QcStatements defined by ETSI) and consequently are preventing the receiving parties from simply relying on the signatory’s certificate (and associated chain/path) to assess, at least in a machine readable way, whether or not the certificate supporting an eSignature is claimed to be a QC and whether or not it is associated with an SSCD through which the eSignature has been created.
Completing the ‘Service type identifier’ (‘Sti’), ‘Service name’ (‘Sn’), and ‘Service digital identity’ (‘Sdi’) fields of the service entry in the Trusted List with information provided in the ‘Service information extensions’ (‘Sie’) field allows for the full determination of a specific type of qualified certificate issued by a listed CSP certification service issuing QCs and provides information about whether or not it is supported by an SSCD (when such information is missing in the issued QC). A specific ‘Service current status’ (‘Scs’) information is associated with this entry. This is depicted in Figure 2 below.
Listing a service by just providing the ‘Sdi’ of a (Root) CA would mean that it is ensured (by the CSP issuing QCs but also by the Supervisory/Accreditation Body in charge of the supervision/accreditation of this CSP) that any end-entity certificate issued under this (Root) CA (hierarchy) contains enough ETSI defined and machine-processable information to assess whether or not it is a QC, and whether or not it is supported by an SSCD. In the event, for example, that the latter assertion is not true (e.g. there is no ETSI standardised machine-processable indication in the QC about whether it is supported by an SSCD), then by listing only the ‘Sdi’ of that (Root) CA, it can only be assumed that QCs issued under this (Root) CA hierarchy are not supported by any SSCD. In order to indicate that those QCs must be considered as supported by an SSCD, the ‘Sie’ field should be used (this also indicates that this information is guaranteed by the CSP issuing QCs and supervised/accredited by the Supervisory or Accreditation Body respectively).
Figure 2
Service entry for a listed CSP service issuing QCs in the Trusted List
General principles — Editing rules — CSPQC entries (listed services)
Service entry for a listed CSPQC:
Sti
Sn
Sdi
Scs (Service current status)
Sie (Service information extensions)
CA/QC
“name”
Public Key
Under Supervision
Supervision in cessation
Supervision Ceased
Supervision Revoked
Accredited
Accreditation Ceased
Accreditation Revoked
Structured as a sequence of tuples made of:
“Filtering” elements (e.g. X.509 Certificate Policy extension (OID)) to further determine those (sets) of QC to be covered, and
“Qualifiers” to be applied to those filtered (sets of) QC’s about “qualified” status, SSCD support status and/or issuance to Legal Person, i.e.:
QCWithSSCD
QCNoSSCD
QCSSCDStatusAsInCert (*)
QCForLegalPerson
QCStatement
“current status”
Indicators expressed as URIs
(*) meaning that such information is ensured to be contained in any QC under Sdi-[Sie] defined CA/QC (if nothing in QC, then meaning is NoSSCD)
The present Trusted List common template technical specifications allow for the use of a combination of five main parts of information in the service entry:
— |
The ‘Service type identifier’ (‘Sti’), e.g. identifying a CA issuing QCs (‘CA/QC’), |
— |
The ‘Service name’ (‘Sn’), |
— |
The ‘Service digital identity’ (‘Sdi’) information identifying a listed service, e.g. the public key (as a minimum) of a CA issuing QCs, |
— |
For CA/QC services, optional ‘Service information extension’ (‘Sie’) information that allows for the inclusion of a number of specific service-related items of information relating to revocation status of expired certificates, additional characteristics of QCs, takeover of CSP by another CSP and other additional service information. For example, the additional characteristics of QCs are represented by a sequence of one or more tuples, each tuple providing:
|
— |
The ‘current status’ information for this service entry providing information on:
|
3.4. Editing and usage guidelines for CSPQC services entries
The general editing guidelines are:
1. |
If it is ensured (guarantee provided by CSPQC and supervised/accredited by Supervisory Body (SB)/Accreditation Body (AB)) that, for a listed service identified by a ‘Sdi’, any QC supported by an SSCD does contain the ETSI defined QcCompliance statement, and does contain the QcSSCD statement and/or QCP+ Object Identifier (OID), then the use of an appropriate ‘Sdi’ is sufficient and the ‘Sie’ field can be used as an option and will not need to contain the SSCD support information. |
2. |
If it is ensured (guarantee provided by CSPQC and supervised/accredited by SB/AB) that, for a listed service identified by a ‘Sdi’, any QC not supported by an SSCD does contain the QcCompliance statement and/or the QCP OID, and does not contain the QcSSCD statement or QCP+ OID, then the use of an appropriate ‘Sdi’ is sufficient and the ‘Sie’ field can be used as an option and does not have to contain the SSCD support information (meaning it is not supported by an SSCD). |
3. |
If it is ensured (guarantee provided by CSPQC and supervised/accredited by SB/AB) that, for a listed service identified by a ‘Sdi’, any QC does contain the QcCompliance statement, and some of these QCs are meant to be supported by SSCDs and some not (e.g. this may be differentiated by different CSP specific Certificate Policy OIDs or through other CSP specific information in the QC, directly or indirectly, machine-processable or not), but a certificate that is supported by an SSCD contains NEITHER the QcSSCD statement NOR the ETSI QCP(+) OID, then the use of an appropriate ‘Sdi’ may not be sufficient AND the ‘Sie’ field must be used to indicate explicit SSCD support information together with a potential information extension to identify the covered set of certificates. This is likely to require the inclusion of different ‘SSCD support information values’ for the same ‘Sdi’ when making use of the ‘Sie’ field. |
4. |
If it is ensured (guarantee provided by CSPQC and supervised/accredited by SB/AB) that for a listed service identified by a ‘Sdi’, any QC does not contain any of the QcCompliance statement, the QCP OID, the QcSSCD statement, or the QCP+ OID but it is ensured that some of these end-entity certificates issued under this ‘Sdi’ are meant to be QCs and/or supported by SSCDs and some not (e.g. this may be differentiated by different CSPQC specific Certificate Policy OIDs or through other CSPQC specific information in the QC, directly or indirectly, machine-processable or not), then the use of an appropriate ‘Sdi’ will not be sufficient AND the ‘Sie’ field must be used to include explicit qualification information. This is likely to require the inclusion of different ‘SSCD support information values’ for the same ‘Sdi’ when making use of the ‘Sie’ field. |
As a general default principle, for a listed CSP in the Trusted List there must be one service entry per single public key for a CA/QC type certification service, i.e. per Certification Authority (directly) issuing QCs. In some exceptional circumstances and carefully managed conditions, the Member State’s Supervisory Body/Accreditation Body may decide to use, as the ‘Sdi’ of a single entry in the list of services from this listed CSP, the public key of a Root or Upper level CA within the CSP’s PKI (e.g. in the context of a CSP’s hierarchy of CAs from a Root CA down to several issuing CAs) instead of listing all sub-ordinate issuing CA services (i.e. listing a Certification Authority not directly issuing end-entity QCs but certifying a hierarchy of CAs down to CAs issuing QCs to end-entities). The consequences (advantages and disadvantages) of using such Root CA or Upper CA public key as ‘Sdi’ value in a Trusted List service entry must be carefully considered when implemented by Member States. Moreover, when using this authorised exception to the default principle, the Member State must provide the necessary documentation to facilitate certification path building and verification. As an example, in the context of a CSPQC using one Root CA under which several CAs are issuing QCs and non-QCs, but for which the QCs do contain only the QcCompliance statement and no indication of whether it is supported by an SSCD, listing the Root CA ‘Sdi’ only would mean, under the rules explained above, that none of the QC issued under this Root CA is supported by an SSCD. If there are QCs that are actually supported by an SSCD but with no machine processable statement indicating such support included in the certificates, it would be strongly recommended to make use of the QcSSCD statement in the QCs issued in the future. In the meantime (until the last QC not containing this information has expired), the Trusted List should make use of the ‘Sie’ field and associated ‘Qualifications Extension’, e.g. providing filtering information to identify set(s) of certificates through use of specific CSPQC defined OID(s) potentially used by the CSPQC to distinguish between different types of QCs (some supported by an SSCD and some not) and associating explicit ‘SSCD support information’ to those identified (filtered) set(s) of certificates through the use of ‘Qualifiers’.
The general usage guidelines for electronic signature applications, services or products relying on a Trusted List compliant with the present Technical Specifications are as follows:
A ‘CA/QC’ ‘Sti’ entry (similarly a CA/QC entry further qualified as being a ‘RootCA/QC’ through the use of ‘Sie’ additionalServiceInformation Extension)
— |
indicates that from the ‘Sdi’ identified CA (similarly within the CA hierarchy starting from the ‘Sdi’ identified RootCA), all issued end-entity certificates are QCs provided that it is claimed as such in the certificate through the use of appropriate machine processable QcStatement (i.e. QcCompliance) and/or ETSI defined QCP(+) OIDs (and this is ensured by Supervisory/Accreditation Body, see above ‘general editing guidelines’) Note: if no ‘Sie’ ‘Qualifications Extension’ information is present or if an end-entity certificate that is claimed to be a QC is not further identified through a related ‘Sie’ ‘Qualifications Extension’, then the machine-processable information to be found in the QC is supervised/accredited to be accurate. That means that the usage (or not) of the appropriate QcStatements (i.e. QcCompliance, QcSSCD) and/or ETSI defined QCP(+) OIDs is ensured to be in accordance with what it is claimed by the CSPQC. |
— |
and IF ‘Sie’ ‘Qualifications Extension’ information is present, then in addition to the above default usage interpretation rule, those certificates that are identified through the use of this ‘Sie’ ‘Qualifications Extension’ information, which is constructed on the principle of a sequence of filters further identifying a set of certificates, must be considered according to the associated qualifiers providing some additional information regarding the qualified status, the ‘SSCD support’ and/or ‘Legal person as subject’ (e.g. those certificates containing a specific OID in the Certificate Policy extension, and/or having a specific ‘Key usage’ pattern, and/or filtered through the use of a specific value to appear in one specific certificate field or extension, etc.). Those qualifiers are part of the following set of ‘Qualifiers’ used to compensate for the lack of information in the corresponding QC content, and that are used respectively:
|
3.5. Services supporting ‘CA/QC’ services but not part of the ‘CA/QC’ ‘Sdi’
Certificate validity status services related to QCs and for which the certificate validity status information (e.g. CRLs and OCSP responses) is signed by an entity whose private key is not certified under a certification path leading to a listed CA issuing QCs (‘CA/QC’) shall be included in Trusted List by listing those certificate validity status services as such in the TL (i.e. with a service type ‘OCSP/QC’ or ‘CRL/QC’ respectively) since these services can be considered as part of the supervised/accredited ‘qualified’ services related to the provision of QC certification services. Of course, OCSP responders or CRL Issuers whose certificates are signed by CAs under the hierarchy of a listed CA/QC service are to be considered as ‘valid’ and in accordance with the status value of the listed CA/QC service.
A similar provision can apply to certification services issuing non-qualified certificates (of a ‘CA/PKC’ service type).
The Trusted List shall include certificate validity status services when related location information for such services is not present in the end-entity certificates to which the certificate validity status services apply.
4. Definitions and abbreviations
For the purposes of the present document, the following definitions and acronyms apply:
Term |
Acronym |
Definition |
||||
Certification Service Provider |
CSP |
As defined in Article 2(11) of Directive 1999/93/EC. |
||||
Certification Authority |
CA |
NOTE: See clause 4 of EN 319 411-2 (11) for further explanation of the concept of certification authority. |
||||
Certification Authority issuing Qualified Certificates |
CA/QC |
A CA who meets the requirements laid down in Annex II of Directive 1999/93/EC and issues qualified certificates meeting the requirements laid down in Annex I of Directive 1999/93/EC. |
||||
Certificate |
Certificate |
As defined in Article 2(9) of Directive 1999/93/EC. |
||||
Qualified Certificate |
QC |
As defined in Article 2(10) of Directive 1999/93/EC. |
||||
Signatory |
Signatory |
As defined in Article 2(3) of Directive 1999/93/EC. |
||||
Supervision |
Supervision |
Refers to supervision provided for in Article 3(3) of Directive 1999/93/EC. Directive 1999/93/EC requires Member States to establish an appropriate system allowing the supervision of CSPs which are established on their territory and issue qualified certificates to the public, ensuring the supervision of compliance with the provisions laid down in that Directive. |
||||
Voluntary Accreditation |
Accreditation |
As defined in Article 2(13) of Directive 1999/93/EC. |
||||
Trusted List |
TL |
Designates the list indicating the supervision/accreditation status of certification services from Certification Services Providers who are supervised/accredited by the referenced Member State for compliance with the provisions laid down in Directive 1999/93/EC. |
||||
Trust-service Status List |
TSL |
Form of a signed list used as the basis for presentation of trust service status information according to the specifications laid down in the ETSI TS 119 612. |
||||
Trust Service |
|
Service which enhances trust and confidence in electronic transactions (typically, but not necessarily, using cryptographic techniques or involving confidential material) (ETSI TS 119 612). NOTE: This term is used with a broader application than certification service issuing certificates or providing other services related to electronic signatures. |
||||
Trust Service Provider |
TSP |
Body operating one or more (electronic) Trust Services (This term is used with a broader application than CSP). |
||||
Trust Service Token |
TrST |
A physical or binary (logical) object generated or issued as a result of the use of a Trust Service. Examples of binary TrSTs are certificates, Certificate Revocation Lists (CRLs), Time Stamp Tokens (TSTs) and Online Certificate Status Protocol (OCSP) responses. |
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Qualified Electronic Signature |
QES |
An AdES supported by a QC and which is created by a secure signature creation device as defined in Article 2 of Directive 1999/93/EC. |
||||
Advanced Electronic Signature |
AdES |
As defined in Article 2(2) of Directive 1999/93/EC. |
||||
Advanced Electronic Signature supported by a Qualified Certificate |
AdESQC |
Means an Electronic Signature that meets the requirements of an AdES and is supported by a QC as defined in Article 2 of Directive 1999/93/EC. |
||||
Secure Signature Creation Device |
SSCD |
As defined in Article 2(6) of Directive 1999/93/EC. |
Within the following chapters, the key words ‘MUST’, ‘MUST NOT’, ‘REQUIRED’, ‘SHALL’, ‘SHALL NOT’, ‘SHOULD’, ‘SHOULD NOT’, ‘RECOMMENDED’, ‘MAY’, and ‘OPTIONAL’ are to be interpreted as described in RFC 2119 (12).
CHAPTER I
DETAILED SPECIFICATIONS FOR THE COMMON TEMPLATE FOR THE ‘TRUSTED LIST OF SUPERVISED/ACCREDITED CERTIFICATION SERVICE PROVIDERS’
The present specifications are relying on the specifications and requirements stated in ETSI TS 119 612 v1.1.1 (here after referred to as ETSI TS 119 612).
When no specific requirement is stated in the present specifications, requirements from ETSI TS 119 612 clauses 5 and 6 SHALL apply entirely. When specific requirements are stated in the present specifications, they SHALL prevail over the corresponding requirements from ETSI TS 119 612. In case of discrepancies between the present specifications and specifications from ETSI TS 119 612, the present specifications SHALL be the normative ones.
Scheme operator name (clause 5.3.4)
This field SHALL be present and SHALL comply with the specifications from TS 119 612 clause 5.3.4.
A country MAY have separate Supervisory and Accreditation Bodies and even additional bodies for whatever operational related activities. It is up to each Member State to designate the Scheme operator of the Member State Trusted List. It is expected that the Supervisory Body, the Accreditation Body and the Scheme Operator (when they appear to be separate bodies) will each of them have their own responsibility and liability.
Any situation in which several bodies are responsible for supervision, accreditation or operational aspects SHALL be consistently reflected and identified as such in the Scheme information as part of the Trusted List, including in the scheme-specific information indicated by the ‘Scheme information URI’ (clause 5.3.7).
Scheme name (clause 5.3.6)
This field SHALL be present and SHALL comply with the specifications from TS 119 612 clause 5.3.6 where the following name SHALL be used for the scheme:
‘EN_name_value’= ‘Supervision/Accreditation Status List of certification services from Certification Service Providers, which are supervised/accredited by the referenced Scheme Operator’s Member State for compliance with the relevant provisions laid down in Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures.’
Scheme information URI (clause 5.3.7)
This field SHALL be present and SHALL comply with the specifications from TS 119 612 clause 5.3.7 where the ‘appropriate information about the scheme’ SHALL include as a minimum:
— |
Introductory information common to all Member States with regard to the scope and context of the Trusted List, and the underlying supervision/accreditation scheme(s). The common text to be used is the text below, in which the character string ‘[name of the relevant Member State]’ SHALL be replaced by the name of the relevant Member State: ‘The present list is the ‘Trusted List of supervised/accredited Certification Service Providers’ providing information about the supervision/accreditation status of certification services from Certification Service Providers (CSPs) who are supervised/accredited by [name of the relevant Member State] for compliance with the relevant provisions of Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures. The Trusted List aims at:
The Trusted List of a Member State provides, as a minimum, information on supervised/accredited CSPs issuing Qualified Certificates in accordance with the provisions laid down in Directive 1999/93/EC (Article 3(2) and (3) and Article 7(1)(a)), including, when this is not part of the QCs, information on the QC supporting the electronic signature and whether the signature is or not created by a Secure Signature Creation Device. The CSPs issuing Qualified Certificates (QCs) listed here are supervised by [name of the relevant Member State] and may also be accredited for compliance with the provisions laid down in Directive 1999/93/EC, including compliance with the requirements of Annex I (requirements for QCs), and those of Annex II (requirements for CSPs issuing QCs). The applicable ‘supervision’ system (respectively ‘voluntary accreditation’ system) is defined and must meet the relevant requirements of Directive 1999/93/EC, in particular those laid down in Article 3(3), Article 8(1), Article 11 (respectively, Article 2(13), Article 3(2), Article 7(1)(a), Article 8(1), Article 11). Additional information on other supervised/accredited CSPs not issuing QCs but providing services related to electronic signatures (e.g. CSP providing Time Stamping Services and issuing Time Stamp Tokens, CSP issuing non-Qualified certificates, etc.) are included in the Trusted List at a national level on a voluntary basis.’ |
— |
Specific information on the underlying supervision/accreditation scheme(s), in particular (13):
This specific information SHALL include, at least, for each underlying scheme listed above:
|
— |
Specific information, when applicable, on the specific ‘qualifications’ some of the physical or binary (logical) objects generated or issued as a result of the provision of a certification service may be entitled to receive on the basis of their compliance with the provisions and requirements laid down at national level including the meaning of such a ‘qualification’ and the associated national provisions and requirements. |
Additional Member State specific information about the scheme MAY be provided on a voluntary basis such as:
— |
Information about the criteria and rules used to select supervisors/auditors and defining how CSPs are supervised (controlled)/accredited (audited) by them, |
— |
Other contact and general information that applies to the scheme operation. |
Scheme type/community/rules (clause 5.3.9)
This field SHALL be present and SHALL comply with the specifications from TS 119 612 clause 5.3.9 and SHALL include at least two URIs:
— |
A URI common to all Member States’ Trusted Lists pointing towards a descriptive text that SHALL be applicable to all Trusted Lists, as follows: URI: http://uri.etsi.org/TrstSvc/TrustedList/schemerules/EUcommon Descriptive text: ‘ Participation in a scheme Each Member State must create a ‘Trusted List of supervised/accredited Certification Service Providers’ providing information about the supervision/accreditation status of certification services from Certification Service Providers (CSPs) who are supervised/accredited by the relevant Member State for compliance with the relevant provisions of Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures. The present implementation of such Trusted Lists is also to be referred to in the list of links (pointers) towards each Member State’s Trusted List, compiled by the European Commission. Policy/rules for the assessment of the listed services The Trusted List of a Member State must provide, as a minimum, information on supervised/accredited CSPs issuing Qualified Certificates in accordance with the provisions laid down in Directive 1999/93/EC (Article 3(2) and (3) and Article 7(1)(a)), including information on the Qualified Certificate (QC) supporting the electronic signature and whether the signature is or not created by a Secure Signature Creation Device. The CSPs issuing Qualified Certificates (QCs) must be supervised by the Member State in which they are established (if they are established in a Member State), and may also be accredited, for compliance with the provisions laid down in Directive 1999/93/EC, including compliance with the requirements of Annex I (requirements for QCs), and those of Annex II (requirements for CSPs issuing QCs). CSPs issuing QCs that are accredited in a Member State must still fall under the appropriate supervision system of that Member State unless they are not established in that Member State. The applicable ‘supervision’ system (respectively ‘voluntary accreditation’ system) is defined and must meet the relevant requirements of Directive 1999/93/EC, in particular those laid down in Article 3(3), Article 8)(1), Article 11 (respectively, Article 2(13), Article 3(2), Article 7(1)(a), Article 8(1), Article 11). Additional information on other supervised/accredited CSPs not issuing QCs but providing services related to electronic signatures (e.g. CSP providing Time Stamping Services and issuing Time Stamp Tokens, CSP issuing non-Qualified certificates, etc.) may be included in the Trusted List at a national level on a voluntary basis. CSPs not issuing QCs but providing ancillary services, may fall under a ‘voluntary accreditation’ system (as defined in and in compliance with Directive 1999/93/EC) and/or under a nationally defined ‘recognised approval scheme’ implemented on a national basis for the supervision of compliance with the provisions laid down in Directive 1999/93/EC and possibly with national provisions with regard to the provision of certification services (in the sense of Article 2(11) of Directive 1999/93/EC). Some of the physical or binary (logical) objects generated or issued as a result of the provision of a certification service may be entitled to receive a specific ‘qualification’ on the basis of their compliance with the provisions and requirements laid down at national level but the meaning of such a ‘qualification’ is likely to be limited solely to the national level. Interpretation of the Trusted List The general user guidelines for electronic signature applications, services or products relying on a Trusted List according to the Annex of Commission Decision [reference to the present Decision] are as follows: A ‘CA/QC’ ‘Service type identifier’ (‘Sti’) entry (similarly a CA/QC entry further qualified as being a ‘RootCA/QC’ through the use of ‘Service information extension’ (‘Sie’) additionalServiceInformation Extension)
|
— |
A URI specific to each Member State’s Trusted List pointing towards a descriptive text that SHALL be applicable to this Member State TL: http://uri.etsi.org/TrstSvc/TrustedList/schemerules/CC where CC = the ISO 3166-1 (14) alpha-2 Country Code used in the ‘Scheme territory’ field (clause 5.3.10)
|
Member States MAY define and use additional URIs from the above Member State specific URI (i.e. URIs defined from this hierarchical specific URI).
TSL policy/legal notice (clause 5.3.11)
This field SHALL be present and SHALL comply with the specifications from TS 119 612 clause 5.3.11 where the policy/legal notice concerning the legal status of the scheme or legal requirements met by the scheme under the jurisdiction in which it is established and/or any constraints and conditions under which the trusted list is maintained and published SHALL be a multilingual character string (plain text) made of two parts:
1. |
A first mandatory part, common to all Member States’ Trusted Lists (with UK English as the mandatory language, and with potentially one or more national languages), indicating that the applicable legal framework is Directive 1999/93/EC and its corresponding implementation in the laws of the Member State indicated in the ‘Scheme Territory’ field. English version of the common text: The applicable legal framework for the present TSL implementation of the Trusted List of supervised/accredited Certification Service Providers for [name of the relevant Member State] is Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures and its implementation in [name of the relevant Member State] laws. Text in a Member State’s national language(s): [official translation(s) of the above English text]. |
2. |
A second, optional, part, specific to each Trusted List (with UK English as the mandatory language, and with potentially one or more national languages), indicating references to specific applicable national legal frameworks (e.g. in particular when related to national supervision/accreditation schemes for CSPs not issuing QCs). |
CHAPTER II
CONTINUITY OF TRUSTED LISTS
Certificates to be notified to the Commission under Article 3(c) of the present Decision SHALL be issued in such a way that they:
— |
have as a minimum three months between their validity dates, |
— |
are created on new key pairs as no previously used key pair are to be re-certified. |
In case of a compromise or decommissioning of ONE of the private keys corresponding to the public key that could be used to validate the trusted list’s signature and that has been notified to the Commission and is published in the Commission’s central lists of pointers, Member States SHALL:
— |
re-issue, without any delay, a new trusted list signed with a non-compromised private key in case the published trusted list was signed with a compromised or decommissioned private key, |
— |
promptly notify to the Commission the new list of public key certificates corresponding to the private keys that could be used to sign the trusted list. |
In case of compromise or decommissioning of ALL the private keys corresponding to the public keys that could be used to validate the trusted list’s signature and that have been notified to the Commission and are published in the Commission’s central lists of pointers, Member States SHALL:
— |
generate new key pairs that could be used to sign the trusted list and their corresponding public key certificates, |
— |
re-issue, without any delay, a new trusted list signed with one of those new private keys and whose corresponding public key certificate is to be notified, |
— |
promptly notify to the Commission the new list of public key certificates corresponding to the private keys that could be used to sign the trusted list. |
CHAPTER III
SPECIFICATIONS FOR THE HUMAN READABLE FORM OF THE TRUSTED LIST
If a human readable form of the trusted list is established and published, it SHOULD be provided in the form of a Portable Document Format (PDF) document according to ISO 32000 (15) that MUST be formatted according to the profile PDF/A (ISO 19005 (16)).
The content of the PDF/A based human readable form of the trusted list SHOULD comply with the following requirements:
— |
The structure of the HR form SHOULD reflect the logical model described in TS 119 612, |
— |
Every present field SHOULD be displayed and provide:
|
— |
The following fields and corresponding values of the digital certificates present in the ‘Service digital identity’ field SHOULD, as a minimum, be displayed in the HR form:
|
— |
The HR form SHOULD be easily printable |
— |
The HR form MUST be signed by the Scheme Operator according to PAdES Signatures baseline profile (17). |
(1) As defined in Article 2(11) of Directive 1999/93/EC.
(2) As defined in Article 2(2) of Directive 1999/93/EC.
(3) For an AdES supported by a QC the acronym ‘AdESQC ’ is used throughout the present document.
(4) Note that there are a number of electronic services based on simple AdES whose cross-border use would also be facilitated, provided that the supporting certification services (e.g. issuing of non-qualified certificates) are part of the supervised/accredited services covered by a Member State in the voluntary information part of their Trusted List.
(5) As defined in Article 2(10) of Directive 1999/93/EC.
(6) As defined in Article 2(6) of Directive 1999/93/EC.
(7) ETSI TS 119 612 v1.1.1 (2013-06) – Electronic Signatures and Infrastructures (ESI); Trusted Lists.
(8) E.g. a certification service provider established in a Member State that provides a certification service that is initially supervised by the Member State (Supervisory Body), can, after a certain time, decide to pass a voluntary accreditation for the currently supervised certification service. Conversely, a certification service provider in another Member State can decide not to stop an accredited certification service but to move it from an accreditation status to a supervision status, e.g. for business and/or economic reasons.
(9) Refer to ETSI EN 319 412-5 (Electronic Signatures and Infrastructures (ESI); Profiles for Trust Service Providers issuing certificates; Part 5: Extension for Qualified Certificate profile) for the definition of such a statement.
(10) ETSI EN 319 411-2 — Electronic Signatures and Infrastructures (ESI); Policy and security requirements for Trust Service Providers issuing certificates; Part 2: Policy requirements for certification authorities issuing qualified certificates.
(11) EN 319 411-2: Electronic Signatures and Infrastructures (ESI); Policy and security requirements for Trust Service Providers issuing certificates; Part 2: Policy requirements for certification authorities issuing qualified certificates.
(12) IETF RFC 2119: ‘Key words for use in RFCs to indicate Requirements Levels’.
(13) The last two sets of information are of critical importance for relying parties to assess the quality and security level of such supervision/accreditation systems applicable to CSPs not issuing QCs. Those sets of information shall be provided at Trusted List level through the use of the present ‘Scheme information URI’ (clause 5.3.7 — information being provided by Member State), ‘Scheme type/community/rules’ (clause 5.3.9 – through the use of a text common to all Member States) and ‘TSL policy/legal notice’ (clause 5.3.11 — a text common to all Member States referring to Directive 1999/93/EC, together with the ability for each Member State to add Member State specific text/references). Additional information on national supervision/accreditation systems for CSPs not issuing QCs may be provided at service level when applicable and required (e.g. to distinguish between several quality/security levels) through the use of ‘Scheme service definition URI’ (clause 5.5.6).
(14) ISO 3166-1:2006: ‘Codes for the representation of names of countries and their subdivisions Part 1: Country codes’.
(15) ISO 32000-1:2008: Document management – Portable document format – Part 1: PDF 1.7
(16) ISO 19005-2:2011: Document management – Electronic document file format for long-term preservation – Part 2: Use of ISO 32000-1 (PDF/A-2)
(17) ETSI TS 103 172 (March 2012) - Electronic Signatures and Infrastructures (ESI); PAdES Baseline Profile
16.11.2013 |
EN |
Official Journal of the European Union |
L 306/40 |
COMMISSION IMPLEMENTING DECISION
of 14 November 2013
concerning the rejection of a request to cancel a name entered in the register of protected designations of origin and protected geographical indications provided for in Regulation (EU) No 1151/2012 of the European Parliament and of the Council (Kołocz śląski/kołacz śląski (PGI))
(notified under document C(2013) 7626)
(Only the German text is authentic)
(2013/663/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 54(1) thereof,
Whereas:
(1) |
The first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012 provides that, apart from in the case of requests from the producers of the product sold under the registered name, the Commission may cancel the registration of a protected geographical indication where compliance with the conditions of the specification is not ensured or where no product has been placed on the market under the protected geographical indication for at least seven years. |
(2) |
The Commission has examined the request to cancel the registration of the protected geographical indication ‘Kołocz śląski/kołacz śląski’ submitted by Germany on 15 February 2013 and received on 18 February 2013. |
(3) |
This cancellation request does not fall into either of the two cases referred to in the first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012 and does not therefore meet the conditions laid down in that Article. |
(4) |
In view of these elements, the request to cancel the protected geographical indication ‘Kołocz śląski/kołacz śląski’ submitted by Germany must be rejected. |
(5) |
The measure provided for in this Decision is in accordance with the opinion of the Committee for agricultural product quality policy, |
HAS ADOPTED THIS DECISION:
Article 1
The request to cancel the protected geographical indication ‘Kołocz śląski/kołacz śląski’ is rejected.
Article 2
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 14 November 2013.
For the Commission
Dacian CIOLOȘ
Member of the Commission