ISSN 1977-0677 doi:10.3000/19770677.L_2014.040.eng |
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Official Journal of the European Union |
L 40 |
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English edition |
Legislation |
Volume 57 |
Contents |
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INTERNATIONAL AGREEMENTS |
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REGULATIONS |
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DIRECTIVES |
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Commission Directive 2014/18/EU of 29 January 2014 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products ( 1 ) |
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DECISIONS |
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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
INTERNATIONAL AGREEMENTS
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/1 |
COUNCIL DECISION 2014/71/CFSP
of 18 November 2013
on the signing and conclusion of the Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
Conditions regarding the participation of third States in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than being defined on a case-by-case basis for each operation concerned. |
(2) |
Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy negotiated an agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations (‘the Agreement’). |
(3) |
The Agreement should be approved, |
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in the European Union crisis management operations is hereby approved on behalf of the Union.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
Article 3
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16(1) of the Agreement (1).
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 18 November 2013.
For the Council
The President
C. ASHTON
(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/2 |
AGREEMENT
between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations
THE EUROPEAN UNION (the ‘Union’) or (the ‘EU’)
of the one part, and
THE REPUBLIC OF CHILE
of the other part,
hereinafter referred to as the ‘Parties’,
WHEREAS:
RECOGNISING the importance of world peace for the development of all States, and the obligation of all nations to cooperate in achieving and preserving it;
RECALLING the objectives and intentions of the Parties as set out in the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, signed on 18 November 2002;
CONSIDERING that it is of particular concern to the Union to maintain peace within its area of influence, in particular through the organisation of, and support for, crisis management operations;
BEARING IN MIND the absolute freedom with which the Union acts in deciding to undertake crisis management operations, as well as in inviting non-EU States to participate in them and in ultimately agreeing to have one of them participate in and contribute to them;
RECOGNISING that the existence of a framework agreement on the possible participation of the Republic of Chile in one or more of the crisis management operations decided on and managed by the Union will facilitate its participation and contribution, notwithstanding the fact that the specific conditions must be agreed on each occasion;
BEARING IN MIND that the conclusion of this agreement will be without prejudice to the decision-making autonomy of the Union, and to the wish or capacity of the Republic of Chile to decide on a case-by-case basis whether it wishes to participate in an EU crisis management operation;
BEARING IN MIND that the conclusion of this framework agreement will have a future effect and will not affect the participation of the Republic of Chile in an EU crisis management operations that are already under way,
HAVE AGREED AS FOLLOWS:
SECTION I
GENERAL PROVISIONS
Article 1
Decisions relating to the participation
1. Following the decision of the Union to invite the Republic of Chile to participate in an EU crisis management operation, and once the Republic of Chile has decided to participate therein, the Republic of Chile shall provide information on its proposed contribution to the Union.
2. The assessment by the Union of the proposed contribution by the Republic of Chile shall be conducted in consultation with the latter.
3. The Union shall provide, at the time of the invitation to the Republic of Chile, an early indication of the likely financial contribution to the common costs of the operation and the status of mission/forces agreement, if available, as soon as possible with a view to assisting the Republic of Chile in the formulation of its offer.
4. The Union shall communicate the outcome of this assessment to the Republic of Chile in writing through diplomatic channels with a view to securing the participation of the Republic of Chile, in accordance with the provisions of this Agreement.
Article 2
Framework
1. The Republic of Chile shall associate itself with the Council Decision by which the Council of the European Union decides that the Union will conduct a crisis management operation, and with any other Decision by which the Council of the European Union decides to extend the EU crisis management operation, in accordance with the provisions of this Agreement and any other required implementing provisions.
2. The contribution of the Republic of Chile to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the Union.
3. Paragraph 1 does not affect the right of the Republic of Chile to withdraw from participation in an EU crisis management operation if it does not agree with a Decision referred to in that paragraph.
Article 3
Status of personnel and forces
1. The status of personnel seconded to an EU civilian crisis management operation and/or of the forces contributed to an EU military crisis management operation by the Republic of Chile shall be governed by the agreement on the status of forces/mission, if available, concluded between the Union and the State(s) in which the operation is conducted.
2. The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation takes place, shall be governed by arrangements between the headquarters and command elements concerned and the Republic of Chile.
3. Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, the Republic of Chile shall exercise jurisdiction over its personnel participating in the EU crisis management operation. Where the forces of the Republic of Chile operate on board a vessel or aircraft of an EU Member State, the latter State shall exercise jurisdiction subject to any existing and/or future bilateral or multilateral agreements, in accordance with its laws and regulations.
4. The Republic of Chile shall be responsible for answering any claims connected with the participation in an EU crisis management operation from or affecting any of its civilian or military personnel. The Republic of Chile shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws, regulations and procedures.
5. The Parties agree to waive, to the extent permitted by their internal legislation, any claims, other than contractual claims, for damage to, loss, or destruction of assets owned or operated by either Party, or injury or death to the personnel of either Party, arising out of the performance of their official duties in connection with activities under this Agreement, except in the case of gross negligence or wilful misconduct.
6. The Republic of Chile undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which the Republic of Chile participates, and to do so when signing this Agreement.
7. The Union undertakes to ensure that EU Member States make a declaration as regards the waiver of claims, for any future participation of the Republic of Chile in an EU crisis management operation, and to do so when signing this Agreement.
Article 4
Classified information
1. The Republic of Chile shall take appropriate measures to ensure that EU classified information is protected in accordance with the security regulations of the Council of the European Union, contained in Council Decision 2011/292/EU (1) and future Council decisions on the security rules for protecting EU classified information and in accordance with further guidance issued by competent authorities, including by the EU Operation Commander concerning an EU military crisis management operation, or by the Head of Mission concerning an EU civilian crisis management operation.
2. The Union shall take appropriate measures to ensure that Chilean classified information is protected in accordance with security regulations referred to in paragraph 1.
3. Where the Parties conclude an agreement on security procedures for the exchange of classified information, such agreement shall apply in the context of an EU crisis management operation.
SECTION II
PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS MANAGEMENT OPERATIONS
Article 5
Personnel seconded to an EU civilian crisis management operation
1. The Republic of Chile:
(a) |
shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in accordance with:
|
(b) |
shall inform in due time the Head of Mission and the High Representative of the Union for Foreign Affairs and Security Policy (‘HR’) of any change to its contribution to the EU civilian crisis management operation. |
2. Personnel seconded to an EU civilian crisis management operation shall undergo a medical examination and vaccination, and be certified medically fit for duty by a competent authority from the Republic of Chile. Personnel seconded to an EU civilian crisis management operation shall produce a copy of that certification.
Article 6
Chain of command
1. Personnel seconded by the Republic of Chile shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.
2. All personnel shall remain under the full command of their national authorities.
3. National authorities shall transfer operational control to the Union.
4. The Head of Mission shall assume responsibility and exercise command and control of the EU civilian crisis management operation at theatre level.
5. The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.
6. The Republic of Chile shall have the same rights and obligations in terms of day-to-day management of the operation as EU Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).
7. The Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
8. A National Contingent point of Contact ‘NCP’ shall be appointed by the Republic of Chile to represent its national contingent in the operation. The ‘NCP’ shall report to the Head of Mission on national matters and shall be responsible for day-to-day discipline of the contingent.
9. The decision to end the operation shall be taken by the Union, following consultation with the Republic of Chile if it is still contributing to the EU civilian crisis management operation at the date of termination of the operation.
Article 7
Financial aspects
1. Without prejudice to Article 8, the Republic of Chile shall assume all the costs associated with its participation in the operation apart from the running costs, as set out in the operational budget of the operation.
2. In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, issues of possible liability and compensation by the Republic of Chile shall be governed by the conditions foreseen in the applicable status of mission agreement referred to in Article 3(1) or any alternative applicable provisions.
Article 8
Contribution to operational budget
1. The Republic of Chile shall contribute to the financing of the budget of the EU civilian crisis management operation.
2. The financial contribution of the Republic of Chile to the operational budget shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:
(a) |
the share of the reference amount which is in proportion to the ratio of the Republic of Chile’s gross national income (GNI) to the total GNIs of all States contributing to the operational budget of the operation or; |
(b) |
the share of the reference amount for the operational budget which is in proportion to the ratio of the number of personnel from the Republic of Chile participating in the operation to the total number of personnel of all States participating in the operation. |
3. Notwithstanding paragraphs 1 and 2, the Republic of Chile shall not make any contribution towards the financing of per diem allowances paid to personnel of the EU Member States.
4. Notwithstanding paragraph 1, the Union shall, in principle, exempt the Republic of Chile from financial contributions to a particular EU civilian crisis management operation when:
(a) |
the Union decides that the Republic of Chile provides a significant contribution which is essential for this operation; or |
(b) |
the Republic of Chile has a GNI per capita which does not exceed that of any EU Member State. |
5. An arrangement on the payment of the contributions of the Republic of Chile to the operational budget of the EU civilian crisis management operation shall be signed between the Head of Mission and the relevant administrative services of the Republic of Chile. That arrangement shall, inter alia, include the following provisions:
(a) |
the amount of the financial contribution concerned; |
(b) |
the arrangements for payment of the financial contribution; |
(c) |
the auditing procedure. |
SECTION III
PROVISIONS ON PARTICIPATION IN MILITARY CRISIS MANAGEMENT OPERATIONS
Article 9
Participation in the EU military crisis management operation
1. The Republic of Chile shall ensure that its forces and personnel participating in an EU military crisis management operation undertake their mission in accordance with:
(a) |
the Council Decision and subsequent amendments as referred to in Article 2(1) |
(b) |
the Operation Plan; |
(c) |
implementing measures. |
2. Personnel seconded by the Republic of Chile shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
3. The Republic of Chile shall inform the EU Operation Commander in due time of any change to its participation in the operation.
Article 10
Chain of command
1. All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
2. National authorities shall transfer the Operational and/or Tactical control of their forces and personnel to the EU Operation Commander, who is entitled to delegate his authority.
3. The Republic of Chile shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
4. The EU Operation Commander may, following consultations with the Republic of Chile, at any time request the withdrawal of the Republic of Chile’s contribution.
5. A Senior Military Representative (‘SMR’) shall be appointed by the Republic of Chile to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for the day-to-day discipline of the Chilean contingent.
Article 11
Financial aspects
1. Without prejudice to Article 12 of this Agreement, the Republic of Chile shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1) of this Agreement, as well as in Council Decision 2011/871/CFSP (2).
2. In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, issues of possible liability and compensation by the Republic of Chile shall be governed by the conditions foreseen in the applicable status of forces agreement referred to in Article 3(1) or any applicable alternative provisions.
Article 12
Contribution to the common costs
1. The Republic of Chile shall contribute to the financing of the common costs of the EU military crisis management operation.
2. The financial contribution of the Republic of Chile to the common costs shall be calculated on the basis of either of the following two formulae, whichever produces the lower amount:
(a) |
the share of the common costs which is in proportion to the ratio of the Republic of Chile’s GNI to the total GNIs of all States contributing to the common costs of the operation; or |
(b) |
the share of the common costs which is in proportion to the ratio of the number of personnel from the Republic of Chile participating in the operation to the total number of personnel of all States participating in the operation. |
When the formula under point (b) is used and the Republic of Chile contributes personnel only to the Operation or Force Headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. In other cases, the ratio shall be that of all personnel contributed by the Republic of Chile to that of the total personnel of the operation.
3. Notwithstanding paragraph 1, the Union shall, in principle, exempt third States from financial contributions to the common costs of a particular EU military crisis management operation when:
(a) |
the Union decides that the third State participating in the operation provides a significant contribution to assets and/or capabilities which are essential for the operation; or |
(b) |
the third State participating in the operation has a GNI per capita which does not exceed that of any EU Member State. |
4. An arrangement shall be concluded between the administrator provided for in Decision 2011/871/CFSP and the competent administrative authorities of the Republic of Chile. That arrangement shall include, inter alia, provisions on:
(a) |
the amount of the financial contribution concerned; |
(b) |
the arrangements for payment of the financial contribution; |
(c) |
the auditing procedure. |
SECTION IV
FINAL PROVISIONS
Article 13
Arrangements to implement the Agreement
Without prejudice to Articles 8(5) and 12(4), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Union, and the competent authorities the Republic of Chile.
Article 14
Non-compliance
Should one of the Parties fail to comply with its obligations under this Agreement, the other Party shall have the right to terminate this Agreement by serving notice of six months.
Article 15
Dispute settlement
Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
Article 16
Entry into force
1. This Agreement shall enter into force on the first day of the first month after the Parties have notified each other through diplomatic channels of the completion of the internal procedures necessary for that purpose.
2. The Parties may hold meetings from time to time to assess the implementation of this Agreement.
3. This Agreement may be amended on the basis of a mutual written agreement between the Parties. These amendments shall enter into force under the same conditions as those provided for in paragraph 1.
4. This Agreement may be denounced by either Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party through diplomatic channels.
This Agreement is executed in the English and Spanish languages, both texts being equally authentic.
Done at Brussels on the thirtieth day of January in the year two thousand and fourteen.
For the European Union
For the Republic of Chile
(1) Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (OJ L 141, 27.5.2011, p. 17).
(2) Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (OJ L 343, 23.12.2011, p. 35).
Declaration by the EU Member States
‘The EU Member States applying an EU Council Decision concerning an EU crisis management operation in which the Republic of Chile participates will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Republic of Chile for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:
— |
was caused by personnel from the Republic of Chile in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct; or |
— |
arose from the use of any assets owned by the Republic of Chile, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the Republic of Chile using those assets.’. |
Declaration by the Republic of Chile
‘The Republic of Chile applying an EU Council Decision concerning an EU crisis management operation will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:
— |
was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct; or |
— |
arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’. |
REGULATIONS
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/8 |
COUNCIL REGULATION (EU) No 124/2014
of 10 February 2014
amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) |
Council Regulation (EU) No 36/2012 (2) gives effect to most of the measures provided for in Decision 2013/255/CFSP. |
(2) |
On 10 February 2014, the Council adopted Decision 2014/74/CFSP (3) amending Decision 2013/255/CFSP. |
(3) |
A further derogation from the asset freeze should be provided for in Regulation (EU) No 36/2012 to enable the release of funds or economic resources of Syrian State-owned entities or the Central Bank of Syria for the purpose of making payments on behalf of the Syrian Arab Republic to the Organisation for the Prohibition of Chemical Weapons (OPCW) for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons. |
(4) |
That measure falls within the scope of the Treaty and regulatory action at Union level 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 (EU) No 36/2012 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
In the first paragraph of Article 16 of Regulation (EU) No 36/2012, the following point is added:
‘(i) |
intended exclusively for payments by Syrian State-owned entities or the Central Bank of Syria, as listed in Annexes II and IIa, on behalf of the Syrian Arab Republic to the OPCW for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons, including in particular payments to the OPCW Special Trust Fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic.’. |
Article 2
This Regulation shall enter into force on the date 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, 10 February 2014.
For the Council
The President
C. ASHTON
(1) OJ L 147, 1.6.2013, p. 14.
(2) Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ L 16, 19.1.2012, p. 1).
(3) See page 63 of this Official Journal.
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/9 |
COUNCIL IMPLEMENTING REGULATION (EU) No 125/2014
of 10 February 2014
implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 714/2013
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,
Whereas:
(1) |
On 25 July 2013, the Council adopted Implementing Regulation (EU) No 714/2013 (2) implementing Article 2(3) of Regulation (EC) No 2580/2001, updating the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies (‘the list’). |
(2) |
The Council has provided, where practically possible, all the persons, groups and entities with statements of reasons explaining why they were entered in the list. |
(3) |
By way of a notice published in the Official Journal of the European Union, the Council informed the persons, groups and entities in the list that it had decided to keep them therein. The Council also informed the persons, groups and entities concerned that it was possible to request a statement of the Council’s reasons for including them in the list where one had not already been communicated to them. |
(4) |
The Council has reviewed the list, as required by Article 2(3) of Regulation (EC) No 2580/2001. When doing so, it took account of observations submitted to the Council by those concerned. |
(5) |
The Council has concluded that there are no longer grounds for keeping a certain group in the list. |
(6) |
The Council has also concluded that other persons, groups and entities in the list have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP (3), that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001. |
(7) |
The list should be updated accordingly, and Implementing Regulation (EU) No 714/2013 should be repealed, |
HAS ADOPTED THIS REGULATION:
Article 1
The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 is set out in the Annex to this Regulation.
Article 2
Implementing Regulation (EU) No 714/2013 is hereby repealed.
Article 3
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 February 2014.
For the Council
The President
C. ASHTON
(1) OJ L 344, 28.12.2001, p. 70.
(2) Council Implementing Regulation (EU) No 714/2013 of 25 July 2013 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) No 1169/2012 (OJ L 201, 26.7.2013, p. 10).
(3) Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).
ANNEX
List of persons, groups and entities referred to in Article 1
1. PERSONS
1. |
ABDOLLAHI Hamed (a.k.a. Mustafa Abdullahi), born 11 August 1960 in Iran. Passport No: D9004878. |
2. |
AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia. |
3. |
AL YACOUB, Ibrahim Salih Mohammed, born 16 October 1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia. |
4. |
ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born 6 or 15 March 1955 in Iran. Iranian and US national. Passport No: C2002515 (Iran); passport No: 477845448 (USA). National ID No: 07442833, expiry date: 15 March 2016 (USA driving licence). |
5. |
BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8 March 1978 in Amsterdam (the Netherlands) — member of the ‘Hofstadgroep’. |
6. |
FAHAS, Sofiane Yacine, born 10 September 1971 in Algiers (Algeria) — member of ‘al-Takfir’ and ‘al-Hijra’. |
7. |
IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon. |
8. |
MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14 April 1965 or 1 March 1964 in Pakistan. Passport No: 488555. |
9. |
SHAHLAI Abdul Reza (a.k.a. Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a. Hajj Yusef, a.k.a. Haji Yusif, a.k.a. Hajji Yasir, a.k.a. Hajji Yusif, a.k.a. Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran; (2) Mehran Military Base, Ilam Province, Iran. |
10. |
SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran. |
11. |
SOLEIMANI Qasem (a.k.a. Ghasem Soleymani, a.k.a. Qasmi Sulayman, a.k.a. Qasem Soleymani, a.k.a. Qasem Solaimani, a.k.a. Qasem Salimani, a.k.a. Qasem Solemani, a.k.a. Qasem Sulaimani, a.k.a. Qasem Sulemani), born 11 March 1957 in Iran. Iranian national. Passport No: 008827 (Iran Diplomatic), issued 1999. Title: Major General. |
2. GROUPS AND ENTITIES
1. |
‘Abu Nidal Organisation’ — ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’). |
2. |
‘Al-Aqsa Martyrs' Brigade’. |
3. |
‘Al-Aqsa e.V.’. |
4. |
‘Al-Takfir’ and ‘Al-Hijra’. |
5. |
‘Babbar Khalsa’. |
6. |
‘Communist Party of the Philippines’, including ‘New People's Army’ — ‘NPA’, Philippines. |
7. |
‘Gama'a al-Islamiyya’ (a.k.a. ‘Al-Gama’a al-Islamiyya’) (‘Islamic Group’ — ‘IG’). |
8. |
‘İslami Büyük Doğu Akıncılar Cephesi’ — ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’). |
9. |
‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’. |
10. |
‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu’llah Military Wing’, a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)). |
11. |
‘Hizbul Mujahideen’ — ‘HM’. |
12. |
‘Hofstadgroep’. |
13. |
‘Holy Land Foundation for Relief and Development’. |
14. |
‘International Sikh Youth Federation’ — ‘ISYF’. |
15. |
‘Khalistan Zindabad Force’ — ‘KZF’. |
16. |
‘Kurdistan Workers' Party’ — ‘PKK’ (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’). |
17. |
‘Liberation Tigers of Tamil Eelam’ — ‘LTTE’. |
18. |
‘Ejército de Liberación Nacional’ (‘National Liberation Army’). |
19. |
‘Palestinian Islamic Jihad’ — ‘PIJ’. |
20. |
‘Popular Front for the Liberation of Palestine’ — ‘PFLP’. |
21. |
‘Popular Front for the Liberation of Palestine — General Command’ (a.k.a. ‘PFLP — General Command’). |
22. |
‘Fuerzas armadas revolucionarias de Colombia’ — ‘FARC’ (‘Revolutionary Armed Forces of Colombia’). |
23. |
‘Devrimci Halk Kurtuluș Partisi-Cephesi’ — ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People's Liberation Army/Front/Party’). |
24. |
‘Sendero Luminoso’ — ‘SL’ (‘Shining Path’). |
25. |
‘Teyrbazen Azadiya Kurdistan’ — ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’). |
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/12 |
COMMISSION IMPLEMENTING REGULATION (EU) No 126/2014
of 5 February 2014
entering a name in the register of protected designations of origin and protected geographical indications [Paprika Žitava/Žitavská paprika (PDO)]
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 52(2) thereof,
Whereas:
(1) |
Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Slovakia’s application to register the name ‘Paprika Žitava’/‘Žitavská paprika’ was published in the Official Journal of the European Union (2). |
(2) |
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Paprika Žitava’/‘Žitavská paprika’ should therefore be entered in the register, |
HAS ADOPTED THIS REGULATION:
Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.
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, 5 February 2014.
For the Commission, On behalf of the President,
Dacian CIOLOȘ
Member of the Commission
ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:
Class 1.8. Other products of Annex I to the Treaty (spices, etc.)
SLOVAKIA
Paprika Žitava/Žitavská paprika (PDO)
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/14 |
COMMISSION IMPLEMENTING REGULATION (EU) No 127/2014
of 5 February 2014
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Jamón de Teruel/Paleta de Teruel (PDO)]
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 52(2) thereof,
Whereas:
(1) |
Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected designation of origin ‘Jamón de Teruel’/‘Paleta de Teruel’, registered under Commission Regulation (EC) No 1107/96 (2). |
(2) |
Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation. |
(3) |
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved, |
HAS ADOPTED THIS REGULATION:
Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.
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, 5 February 2014.
For the Commission, On behalf of the President,
Dacian CIOLOȘ
Member of the Commission
(1) OJ L 343, 14.12.2012, p. 1.
ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:
Class 1.2. Meat products (cooked, salted, smoked, etc.)
SPAIN
Jamón de Teruel/Paleta de Teruel (PDO)
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/16 |
COMMISSION IMPLEMENTING REGULATION (EU) No 128/2014
of 5 February 2014
entering a name in the register of protected designations of origin and protected geographical indications [Gofio Canario (PGI)]
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 52(2) thereof,
Whereas:
(1) |
Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Spain’s application to register the name ‘Gofio Canario’ was published in the Official Journal of the European Union (2). |
(2) |
As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Gofio Canario’ should therefore be entered in the register, |
HAS ADOPTED THIS REGULATION:
Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.
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, 5 February 2014.
For the Commission, On behalf of the President,
Dacian CIOLOȘ
Member of the Commission
ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:
Class 1.6. Fruit, vegetables and cereals, fresh or processed
SPAIN
Gofio Canario (PGI)
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/18 |
COMMISSION IMPLEMENTING REGULATION (EU) No 129/2014
of 10 February 2014
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, 10 February 2014.
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 |
IL |
107,2 |
MA |
53,3 |
|
TN |
78,4 |
|
TR |
82,5 |
|
ZZ |
80,4 |
|
0707 00 05 |
MA |
163,4 |
TR |
149,1 |
|
ZZ |
156,3 |
|
0709 91 00 |
EG |
91,5 |
ZZ |
91,5 |
|
0709 93 10 |
MA |
40,3 |
TR |
113,5 |
|
ZZ |
76,9 |
|
0805 10 20 |
EG |
48,0 |
IL |
67,9 |
|
MA |
58,1 |
|
TN |
52,2 |
|
TR |
68,8 |
|
ZZ |
59,0 |
|
0805 20 10 |
IL |
120,0 |
MA |
75,7 |
|
ZZ |
97,9 |
|
0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 |
CN |
60,3 |
IL |
130,5 |
|
JM |
113,2 |
|
KR |
142,9 |
|
MA |
146,8 |
|
PK |
55,3 |
|
TR |
89,9 |
|
ZZ |
105,6 |
|
0805 50 10 |
AL |
43,6 |
TR |
73,5 |
|
ZZ |
58,6 |
|
0808 10 80 |
CN |
89,0 |
MK |
28,7 |
|
US |
171,5 |
|
ZZ |
96,4 |
|
0808 30 90 |
CL |
189,6 |
CN |
46,0 |
|
TR |
131,9 |
|
US |
195,3 |
|
ZA |
99,7 |
|
ZZ |
132,5 |
(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’.
DIRECTIVES
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/20 |
COMMISSION DIRECTIVE 2014/18/EU
of 29 January 2014
amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (1), and in particular Article 13 thereof,
Whereas:
(1) |
Directive 2009/43/EC covers all defence-related products which correspond to those listed in the Common Military List of the European Union, adopted by the Council on 19 March 2007. |
(2) |
On 11 March 2013 the Council adopted an updated Common Military List of the European Union (2). |
(3) |
Directive 2009/43/EC should therefore be amended accordingly. |
(4) |
The measures provided for in this Directive are in accordance with the opinion of the Committee on EU Transfers of Defence-related Products, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annex to Directive 2009/43/EC is replaced by the text set out in the Annex to this Directive.
Article 2
1. Member States shall adopt and publish, by 12 May 2014 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
They shall apply those provisions from 17 May 2014.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 29 January 2014.
For the Commission
The President
José Manuel BARROSO
ANNEX
‘ANNEX
LIST OF DEFENCE-RELATED PRODUCTS
Note 1: |
Terms in “quotations” are defined terms. Refer to ‘Definitions of Terms used in this List’ annexed to this List. |
Note 2: |
In some instances chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers, and mixtures containing a listed chemical may also have different CAS numbers. |
ML1
Smooth-bore weapons with a calibre of less than 20 mm, other arms and automatic weapons with a calibre of 12,7 mm (calibre 0,50 inches) or less and accessories, as follows, and specially designed components therefor:
Note |
ML1. does not apply to:
|
a. |
Rifles and combination guns, handguns, machine, sub-machine and volley guns;
|
b. |
Smooth-bore weapons as follows:
|
c. |
Weapons using caseless ammunition; |
d. |
Detachable cartridge magazines, sound suppressors or moderators, special gun-mountings, optical weapons sights and flash suppressors, for arms specified by ML1.a., ML1.b. or ML1.c.
|
ML2
Smooth-bore weapons with a calibre of 20 mm or more, other weapons or armament with a calibre greater than 12,7 mm (calibre 0,50 inches), projectors and accessories, as follows, and specially designed components therefor:
a. |
Guns, howitzers, cannon, mortars, anti-tank weapons, projectile launchers, military flame throwers, rifles, recoilless rifles, smooth-bore weapons and signature reduction devices therefor;
|
b. |
Smoke, gas and pyrotechnic projectors or generators, specially designed or modified for military use;
|
c. |
Weapons sights and weapon sight mounts, having all of the following:
|
d. |
Mountings and detachable cartridge magazines, specially designed for the weapons specified in ML2.a. |
ML3
Ammunition and fuze setting devices, as follows, and specially designed components therefor:
a. |
Ammunition for weapons specified by ML1, ML2 or ML12; |
b. |
Fuze setting devices specially designed for ammunition specified by ML3.a.
|
ML4
Bombs, torpedoes, rockets, missiles, other explosive devices and charges and related equipment and accessories, as follows, and specially designed components therefor:
N.B.1: |
For guidance and navigation equipment, see ML11. |
N.B.2: |
For Aircraft Missile Protection Systems (AMPS), see ML4.c. |
a. |
Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth charges, demolition-charges, demolition-devices, demolition-kits, “pyrotechnic” devices, cartridges and simulators (i.e. equipment simulating the characteristics of any of these items), specially designed for military use;
|
b. |
Equipment having all of the following:
Technical Note: For the purpose of ML4.b.2. ‘activities’ applies to handling, launching, laying, controlling, discharging, detonating, activating, powering with one-time operational output, decoying, jamming, sweeping, detecting, disrupting or disposing.
|
c. |
Aircraft Missile Protection Systems (AMPS).
|
ML5
Fire control, and related alerting and warning equipment, and related systems, test and alignment and countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:
a. |
Weapon sights, bombing computers, gun laying equipment and weapon control systems; |
b. |
Target acquisition, designation, range-finding, surveillance or tracking systems; detection, data fusion, recognition or identification equipment; and sensor integration equipment; |
c. |
Countermeasure equipment for items specified by ML5.a. or ML5.b.;
|
d. |
Field test or alignment equipment, specially designed for items specified by ML5.a., ML5.b. or ML5.c. |
ML6
Ground vehicles and components, as follows:
NB: |
For guidance and navigation equipment, see ML11. |
a. |
Ground vehicles and components therefor, specially designed or modified for military use; For the purposes of ML6.a. the term ground vehicles includes trailers. |
b. |
Other ground vehicles and components, as follows:
|
NB: |
See also ML13.a |
Note 1 |
ML6.a. includes:
|
Note 2 |
Modification of a ground vehicle for military use specified by ML6.a. entails a structural, electrical or mechanical change involving one or more components that are specially designed for military use. Such components include:
|
Note 3 |
ML6 does not apply to civil vehicles designed or modified for transporting money or valuables. |
Note 4 |
ML6. does not apply to vehicles that meet all of the following;
|
ML7
Chemical or biological toxic agents, “riot control agents”, radioactive materials, related equipment, components and materials, as follows:
a. |
Biological agents or radioactive materials, “adapted for use in war” to produce casualties in humans or animals, degrade equipment or damage crops or the environment; |
b. |
Chemical warfare (CW) agents, including:
|
c. |
CW binary precursors and key precursors, as follows:
|
d. |
“Riot control agents”, active constituent chemicals and combinations thereof, including:
|
e. |
Equipment specially designed or modified for military use, designed or modified for the dissemination of any of the following, and specially designed components therefor:
|
f. |
Protective and decontamination equipment, specially designed or modified for military use, components and chemical mixtures, as follows:
|
g. |
Equipment specially designed or modified for military use designed or modified for the detection or identification of materials specified by ML7.a., ML7.b. or ML7.d., and specially designed components therefor;
|
h. |
“Biopolymers” specially designed or processed for the detection or identification of CW agents specified by ML7.b., and the cultures of specific cells used to produce them; |
i. |
“Biocatalysts” for the decontamination or degradation of CW agents, and biological systems therefor, as follows:
|
Note 1 |
ML7.b. and ML7.d. do not apply to the following:
|
Note 2 |
The cultures of cells and biological systems specified by ML7.h. and ML7.i.2. are exclusive and these sub-items do not apply to cells or biological systems for civil purposes, such as agricultural, pharmaceutical, medical, veterinary, environmental, waste management, or in the food industry. |
ML8
“Energetic materials”, and related substances, as follows:
N.B.1. |
See also entry 1C011 on the EU Dual-Use List. |
N.B.2. |
For charges and devices, see ML4 and entry 1A008 on the EU Dual-Use List |
Technical Notes
1. |
For the purposes of ML8, mixture refers to a composition of two or more substances with at least one substance being listed in the ML8 sub-items. |
2. |
Any substance listed in the ML8 sub-items is subject to this list, even when utilised in an application other than that indicated. (e.g. TAGN is predominantly used as an explosive but can also be used either as a fuel or an oxidizer.) |
a. |
“Explosives”, as follows, and mixtures thereof:
|
b. |
“Propellants” as follows:
|
c. |
“Pyrotechnics”, fuels and related substances, as follows, and mixtures thereof:
|
d. |
Oxidizers as follows, and mixtures thereof:
|
e. |
Binders, plasticisers, monomers and polymers, as follows:
|
f. |
“Additives” as follows:
|
g. |
“Precursors”, as follows:
|
Note 1 |
ML8 does not apply to the following substances unless they are compounded or mixed with the “energetic material” specified by ML8.a. or powdered metals specified by ML8.c.:
|
Note 2 |
ML8. does not apply to ammonium perchlorate (ML8.d.2.) and NTO (ML8.a.18.), specially shaped and formulated for civil-use gas generation devices and meeting all of the following:
|
ML9
Vessels of war (surface or underwater), special naval equipment, accessories, components and other surface vessels, as follows:
NB: |
For guidance and navigation equipment, see ML11. |
a. |
Vessels and components, as follows:
|
b. |
Engines and propulsion systems, as follows, specially designed for military use and components therefor specially designed for military use:
|
c. |
Underwater detection devices, specially designed for military use, controls therefor and components therefor specially designed for military use; |
d. |
Anti-submarine nets and anti-torpedo nets, specially designed for military use; |
e. |
Not used since 2003; |
f. |
Hull penetrators and connectors, specially designed for military use, that enable interaction with equipment external to a vessel, and components therefor specially designed for military use;
|
g. |
Silent bearings having any of the following, components therefor and equipment containing those bearings, specially designed for military use:
|
ML10
“Aircraft”, “lighter-than-air vehicles”, Unmanned Aerial Vehicles (“UAVs”), aero-engines and “aircraft” equipment, related equipment, and components, as follows, specially designed or modified for military use:
NB: |
For guidance and navigation equipment, see ML11. |
a. |
Manned “aircraft” and “lighter-than-air vehicles”, and specially designed components therefor; |
b. |
Not used since 2011; |
c. |
Unmanned aircraft and related equipment, as follows, and specially designed components therefor:
|
d. |
Propulsion aero-engines and specially designed components therefor; |
e. |
Airborne refuelling equipment specially designed or modified for any of the following, and specially designed components therefor:
|
f. |
‘Ground equipment’ specially designed for aircraft specified by ML10.a. or aero-engines specified by ML10.d.; Technical Note ‘Ground equipment’ includes pressure refuelling equipment and equipment designed to facilitate operations in confined areas. |
g. |
Aircrew life support equipment, aircrew safety equipment and other devices for emergency escape, not specified in ML10.a., designed for “aircraft” specified by ML10.a.;
|
h. |
Parachutes, paragliders and related equipment, as follows, and specially designed components therefor:
|
i. |
Controlled opening equipment or automatic piloting systems, designed for parachuted loads. |
Note 1 |
ML10.a. does not apply to “aircraft” and “lighter-than-air vehicles” or variants of those “aircraft” specially designed for military use, and which are all of the following:
|
Note 2 |
ML10.d. does not apply to:
|
Note 3 |
For the purposes of ML10.a. and ML10.d., specially designed components and related equipment for non-military “aircraft” or aero-engines modified for military use applies only to those military components and to military related equipment required for the modification to military use. |
Note 4 |
For the purposes of ML10.a., military use includes: combat, military reconnaissance, assault, military training, logistics support, and transporting and airdropping troops or military equipment. |
Note 5 |
ML10.a. does not apply to “aircraft” that meet all of the following:
|
ML11
Electronic equipment, “spacecraft” and components, not specified elsewhere on the EU Common Military List, as follows:
a. |
Electronic equipment specially designed for military use and specially designed components therefor;
|
b. |
Global Navigation Satellite Systems (GNSS) jamming equipment and specially designed components therefor; |
c. |
“Spacecraft” specially designed or modified for military use, and “spacecraft” components specially designed for military use. |
ML12
High velocity kinetic energy weapon systems and related equipment, as follows, and specially designed components therefor:
a. |
Kinetic energy weapon systems specially designed for destruction or effecting mission-abort of a target; |
b. |
Specially designed test and evaluation facilities and test models, including diagnostic instrumentation and targets, for dynamic testing of kinetic energy projectiles and systems. |
NB: |
For weapon systems using sub-calibre ammunition or employing solely chemical propulsion, and ammunition therefor, see ML1 to ML4. |
Note 1 |
ML12 includes the following when specially designed for kinetic energy weapon systems:
|
Note 2 |
ML12 applies to weapon systems using any of the following methods of propulsion:
|
ML13
Armoured or protective equipment, constructions and components, as follows:
a. |
Armoured plate, having any of the following:
|
b. |
Constructions of metallic or non-metallic materials, or combinations thereof, specially designed to provide ballistic protection for military systems, and specially designed components therefor; |
c. |
Helmets manufactured according to military standards or specifications, or comparable national standards, and specially designed components therefor, (i.e. helmet shell, liner and comfort pads); |
d. |
Body armour or protective garments, and components therefor, as follows:
|
Note 1 |
ML13.b. includes materials specially designed to form explosive reactive armour or to construct military shelters. |
Note 2 |
ML13.c. does not apply to conventional steel helmets, neither modified or designed to accept, nor equipped with any type of accessory device. |
Note 3 |
ML13.c. and d. do not apply to helmets, body armour or protective garments, when accompanying their user for the user’s own personal protection. |
Note 4 |
The only helmets specially designed for bomb disposal personnel that are specified by ML13. are those specially designed for military use. |
NB: 1 |
See also entry 1A005 on the EU Dual-Use List. |
NB: 2 |
For “fibrous or filamentary materials” used in the manufacture of body armour and helmets, see entry 1C010 on the EU Dual Use List. |
ML14
‘Specialised equipment for military training’ or for simulating military scenarios, simulators specially designed for training in the use of any firearm or weapon specified by ML1 or ML2, and specially designed components and accessories therefor.
Technical Note
The term ‘specialised equipment for military training’ includes military types of attack trainers, operational flight trainers, radar target trainers, radar target generators, gunnery training devices, anti-submarine warfare trainers, flight simulators (including human-rated centrifuges for pilot/astronaut training), radar trainers, instrument flight trainers, navigation trainers, missile launch trainers, target equipment, drone “aircraft”, armament trainers, pilotless “aircraft” trainers, mobile training units and training equipment for ground military operations.
Note 1 |
ML14 includes image generating and interactive environment systems for simulators, when specially designed or modified for military use. |
Note 2 |
ML14 does not apply to equipment specially designed for training in the use of hunting or sporting weapons. |
ML15
Imaging or countermeasure equipment, as follows, specially designed for military use, and specially designed components and accessories therefor:
a. |
Recorders and image processing equipment; |
b. |
Cameras, photographic equipment and film processing equipment; |
c. |
Image intensifier equipment; |
d. |
Infrared or thermal imaging equipment; |
e. |
Imaging radar sensor equipment; |
f. |
Countermeasure or counter-countermeasure equipment, for the equipment specified by ML15.a. to ML15.e.
|
Note 1 |
In ML15, the term specially designed components includes the following when specially designed for military use:
|
Note 2 |
ML15 does not apply to “first generation image intensifier tubes” or equipment specially designed to incorporate “first generation image intensifier tube”.
|
NB: |
See also entries 6A002.a.2. and 6A002.b. on the EU Dual-Use List |
ML16
Forgings, castings and other unfinished products, specially designed for items specified by ML1 to ML4, ML6, ML9, ML10, ML12 or ML19.
Note |
ML16. applies to unfinished products when they are identifiable by material composition, geometry or function. |
ML17
Miscellaneous equipment, materials and ‘libraries’, as follows, and specially designed components therefor:
a. |
Self-contained diving and underwater swimming apparatus, as follows:
|
b. |
Construction equipment specially designed for military use; |
c. |
Fittings, coatings and treatments, for signature suppression, specially designed for military use; |
d. |
Field engineer equipment specially designed for use in a combat zone; |
e. |
“Robots”, “robot” controllers and “robot”“end-effectors”, having any of the following characteristics:
|
f. |
‘Libraries’ (parametric technical databases) specially designed for military use with equipment specified by the EU Common Military List; |
g. |
Nuclear power generating equipment or propulsion equipment, including “nuclear reactors”, specially designed for military use and components therefor specially designed or ‘modified’ for military use; |
h. |
Equipment and material, coated or treated for signature suppression, specially designed for military use, other than those specified elsewhere in the EU Common Military List; |
i. |
Simulators specially designed for military “nuclear reactors”; |
j. |
Mobile repair shops specially designed or ‘modified’ to service military equipment; |
k. |
Field generators specially designed or ‘modified’ for military use; |
l. |
Containers specially designed or ‘modified’ for military use; |
m. |
Ferries, other than those specified elsewhere in the EU Common Military List, bridges and pontoons, specially designed for military use; |
n. |
Test models specially designed for the “development” of items specified by ML4, ML6, ML9 or ML10; |
o. |
Laser protection equipment (e.g. eye and sensor protection) specially designed for military use. |
p. |
“Fuel cells” other than those specified elsewhere in the EU Common Military List, specially designed or ‘modified’ for military use. |
Technical Notes
1. |
For the purpose of ML17, the term ‘library’ (parametric technical database) means a collection of technical information of a military nature, reference to which may enhance the performance of military equipment or systems. |
2. |
For the purpose of ML17, ‘modified’ means any structural, electrical, mechanical, or other change that provides a non-military item with military capabilities equivalent to an item which is specially designed for military use. |
ML18
Production equipment and components, as follows:
a. |
Specially designed or modified ‘production’ equipment for the ‘production’ of products specified by the EU Common Military List, and specially designed components therefor; |
b. |
Specially designed environmental test facilities and specially designed equipment therefor, for the certification, qualification or testing of products specified by the EU Common Military List. |
Technical Note
For the purposes of ML18, the term ‘production’ includes design, examination, manufacture, testing and checking.
Note |
ML18.a. and ML18.b. include the following equipment:
|
ML19
Directed Energy Weapon (DEW) systems, related or countermeasure equipment and test models, as follows, and specially designed components therefor:
a. |
“Laser” systems specially designed for destruction or effecting mission-abort of a target; |
b. |
Particle beam systems capable of destruction or effecting mission-abort of a target; |
c. |
High power Radio-Frequency (RF) systems capable of destruction or effecting mission-abort of a target; |
d. |
Equipment specially designed for the detection or identification of, or defence against, systems specified by ML19.a. to ML19.c.; |
e. |
Physical test models for the systems, equipment and components, specified by ML19. |
f. |
“Laser” systems specially designed to cause permanent blindness to unenhanced vision, i.e. to the naked eye or to the eye with corrective eyesight devices. |
Note 1 |
DEW systems specified by ML19 include systems whose capability is derived from the controlled application of:
|
Note 2 |
ML19 includes the following when specially designed for DEW systems:
|
ML20
Cryogenic and “superconductive” equipment, as follows, and specially designed components and accessories therefor:
a. |
Equipment specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (– 170 °C);
|
b. |
“Superconductive” electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, and capable of operating while in motion.
|
ML21
“Software”, as follows:
a. |
“Software” specially designed or modified for the “development”, “production” or “use” of equipment, materials or “software”, specified by the EU Common Military List; |
b. |
Specific “software”, other than that specified by ML21.a., as follows:
|
c. |
“Software”, not specified by ML21.a., or b., specially designed or modified to enable equipment not specified by the EU Common Military List to perform the military functions of equipment specified by the EU Common Military List. |
ML22
“Technology” as follows:
a. |
“Technology”, other than specified in ML22.b., which is “required” for the “development”, “production” or “use” of items specified in the EU Common Military List;. |
b. |
“Technology” as follows:
|
Note 1 |
“Technology” “required” for the “development”, “production” or “use” of items specified by the EU Common Military List remains under control even when applicable to any item not specified by the EU Common Military List. |
Note 2 |
ML22 does not apply to:
|
DEFINITIONS OF TERMS USED IN THIS LIST
The following are definitions of the terms used in this List, in alphabetical order.
Note 1 |
Definitions apply throughout the List. The references are purely advisory and have no effect on the universal application of defined terms throughout the List. |
Note 2 |
Words and terms contained in this List of Definitions only take the defined meaning where this is indicated by their being enclosed in “double quotations marks”. Definitions of terms between ‘single quotation marks’ are given in a Technical note to the relevant item. Elsewhere, words and terms take their commonly accepted (dictionary) meanings. |
ML7 “Adapted for use in war”
Any modification or selection (such as altering purity, shelf life, virulence, dissemination characteristics, or resistance to UV radiation) designed to increase the effectiveness in producing casualties in humans or animals, degrading equipment or damaging crops or the environment.
ML8 “Additives”
Substances used in explosive formulations to improve their properties.
ML8, 10, 14 “Aircraft”
A fixed wing, swivel wing, rotary wing (helicopter), tilt rotor or tilt-wing airborne vehicle.
ML11 “Automated Command and Control Systems”
Electronic systems, through which information essential to the effective operation of the grouping, major formation, tactical formation, unit, ship, subunit or weapons under command is entered, processed and transmitted. This is achieved by the use of computer and other specialised hardware designed to support the functions of a military command and control organisation. The main functions of an automated command and control system are: the efficient automated collection, accumulation, storage and processing of information; the display of the situation and the circumstances affecting the preparation and conduct of combat operations; operational and tactical calculations for the allocation of resources among force groupings or elements of the operational order of battle or battle deployment according to the mission or stage of the operation; the preparation of data for appreciation of the situation and decision-making at any point during operation or battle; computer simulation of operations.
ML22 “Basic scientific research”
Experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts, not primarily directed towards a specific practical aim or objective.
ML7, 22 “Biocatalysts”
Enzymes for specific chemical or biochemical reactions or other biological compounds which bind to and accelerate the degradation of CW agents.
Technical Note
“Enzymes” means “biocatalysts” for specific chemical or biochemical reactions.
ML7, 22 “Biopolymers”
Biological macromolecules as follows:
a. |
Enzymes for specific chemical or biochemical reactions; |
b. |
Antibodies, monoclonal, polyclonal or anti-idiotypic; |
c. |
Specially designed or specially processed receptors; |
Technical Notes
1. |
“Anti-idiotypic antibodies” means antibodies which bind to the specific antigen binding sites of other antibodies; |
2. |
“Monoclonal antibodies” means proteins which bind to one antigenic site and are produced by a single clone of cells; |
3. |
“Polyclonal antibodies” means a mixture of proteins which bind to the specific antigen and are produced by more than one clone of cells; |
4. |
“Receptors” means biological macromolecular structures capable of binding ligands, the binding of which affects physiological functions. |
ML4, 10 “Civil aircraft”
Those “aircraft” listed by designation in published airworthiness certification lists by the civil aviation authorities to fly commercial civil internal and external routes or for legitimate civil, private or business use.
ML21, 22 “Development”
Is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts.
ML17 “End-effectors”
Grippers, active tooling units and any other tooling that is attached to the baseplate on the end of a “robot” manipulator arm.
Technical Note
“Active tooling units” are devices for applying motive power, process energy or sensing to a work piece.
ML 8 “Energetic materials”
Substances or mixtures that react chemically to release energy required for their intended application. “Explosives”, “pyrotechnics” and “propellants” are subclasses of energetic materials.
ML8, 18 “Explosives”
Solid, liquid or gaseous substances or mixtures of substances which, in their application as primary, booster, or main charges in warheads, demolition and other applications, are required to detonate.
ML7 “Expression Vectors”
Carriers (e.g. plasmid or virus) used to introduce genetic material into host cells.
ML13 “Fibrous or filamentary materials”
Include:
a. |
Continuous monofilaments; |
b. |
Continuous yarns and rovings; |
c. |
Tapes, fabrics, random mats and braids; |
d. |
Chopped fibres, staple fibres and coherent fibre blankets; |
e. |
Whiskers, either monocrystalline or polycrystalline, of any length; |
f. |
Aromatic polyamide pulp. |
ML15 “First generation image intensifier tubes”
Electrostatically focused tubes, employing input and output fibre optic or glass face plates, multi-alkali photocathodes (S-20 or S-25), but not microchannel plate amplifiers.
ML 17 “Fuel cell”
An electrochemical device that converts chemical energy directly into Direct Current (DC) electricity by consuming fuel from an external source.
ML22 “In the public domain”
This means “technology” or “software” which has been made available without restrictions upon its further dissemination.
Note: |
Copyright restrictions do not remove “technology” or “software” from being “in the public domain”. |
ML9, 19 “Laser”
An assembly of components which produce both spatially and temporally coherent light that is amplified by stimulated emission of radiation.
ML10 “Lighter-than-air vehicles”
Balloons and airships that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift.
ML17 “Nuclear reactor”
Includes the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain or come into direct contact with or control the primary coolant of the reactor core.
ML8 “Precursors”
Speciality chemicals used in the manufacture of explosives.
ML18, 21, 22 “Production”
Means all production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, quality assurance.
ML8 “Propellants”
Substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work.
ML4, 8 “Pyrotechnic(s)”
Mixtures of solid or liquid fuels and oxidizers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation. Pyrophorics are a subclass of pyrotechnics, which contain no oxidizers but ignite spontaneously on contact with air.
ML22 “Required”
As applied to “technology”, refers to only that portion of “technology” which is peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics or functions. Such “required” “technology” may be shared by different products.
ML7 “Riot control agents”
Substances which, under the expected conditions of use for riot control purposes, produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure. (Tear gases are a subset of “riot control agents”.)
ML17 “Robot”
A manipulation mechanism, which may be of the continuous path or of the point-to-point variety, may use sensors, and has all the following characteristics:
a. |
Is multifunctional; |
b. |
Is capable of positioning or orienting material, parts, tools or special devices through variable movements in three-dimensional space; |
c. |
Incorporates three or more closed or open loop servo-devices which may include stepping motors; and |
d. |
Has “user-accessible programmability” by means of the teach/playback method or by means of an electronic computer which may be a programmable logic controller, i.e. without mechanical intervention. |
Note |
The above definition does not include the following devices:
|
ML21 “Software”
A collection of one or more “programmes” or “microprogrammes” fixed in any tangible medium of expression.
ML11 “Spacecraft”
Active and passive satellites and space probes
ML19 “Space-qualified”
Designed, manufactured, or qualified through successful testing, for operation at altitudes greater than 100 km above the surface of the Earth.
Note |
A determination that a specific item is “space- qualified” by virtue of testing does not mean that other items in the same production run or model series are “space-qualified” if not individually tested. |
ML 20 “Superconductive”
Refers to materials, (i.e. metals, alloys or compounds) which can lose all electrical resistance (i.e. which can attain infinite electrical conductivity and carry very large electrical currents without Joule heating).
“Critical temperature” (sometimes referred to as the transition temperature) of a specific “superconductive” material is the temperature at which the material loses all resistance to the flow of direct electrical current.
Technical Note
The “superconductive” state of a material is individually characterised by a “critical temperature”, a critical magnetic field, which is a function of temperature, and a critical current density which is, however, a function of both magnetic field and temperature.
ML22 “Technology”
Specific information necessary for the “development”, “production” or “use” of a product. The information takes the form of ‘technical data’ or ‘technical assistance’.
Technical Notes
1. |
‘Technical data’ may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories. |
2. |
‘Technical assistance’ may take forms such as instruction, skills, training, working knowledge, consulting services. ‘Technical assistance’ may involve transfer of ‘technical data’. |
ML 10 “Unmanned aerial vehicle” (“UAV”)
Any “aircraft” capable of initiating flight and sustaining controlled flight and navigation without any human presence on board.
ML21, 22 “Use”
Operation, installation (including on-site installation), maintenance (checking), repair, overhaul and refurbishing.’
DECISIONS
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/56 |
COUNCIL DECISION 2014/72/CFSP
of 10 February 2014
updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2013/395/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1) |
On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1). |
(2) |
On 25 July 2013, the Council adopted Decision 2013/395/CFSP (2) updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP. |
(3) |
In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to review at regular intervals the names of persons, groups and entities in the list to ensure that there are grounds for keeping them therein. |
(4) |
This Decision sets out the result of the review that the Council has carried out in respect of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply. |
(5) |
The Council has determined that there are no longer grounds for keeping a certain group in the list of persons, groups and entities to which Article 2, 3 and 4 of Common Position 2001/931/CFSP apply. |
(6) |
The Council has concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply have been involved in terrorist acts within the meaning of Article 1(2) and (3) of that Common Position, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein. |
(7) |
The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly, and Decision 2013/395/CFSP should be repealed, |
HAS ADOPTED THIS DECISION:
Article 1
The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply is set out in the Annex to this Decision.
Article 2
Decision 2013/395/CFSP is hereby repealed.
Article 3
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 10 February 2014.
For the Council
The President
C. ASHTON
(1) Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).
(2) Council Decision 2013/395/CFSP of 25 July 2013 updating and amending the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2012/765/CFSP (OJ L 201, 26.7.2013, p. 57).
ANNEX
List of persons, groups and entities referred to in Article 1
1. PERSONS
1. |
ABDOLLAHI Hamed (a.k.a. Mustafa Abdullahi), born August 11, 1960 in Iran. Passport No: D9004878. |
2. |
AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia. |
3. |
AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia. |
4. |
ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born March 6 or 15, 1955 in Iran. Iranian and US national. Passport No: C2002515 (Iran); passport No: 477845448 (USA). National ID No: 07442833, expiry date 15 March 2016 (USA driving licence). |
5. |
BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) – member of the ‘Hofstadgroep’. |
6. |
FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’. |
7. |
IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon. |
8. |
MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan. Passport No: 488555. |
9. |
SHAHLAI Abdul Reza (a.k.a. Abdol Reza Shala’i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla’i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran. |
10. |
SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran. |
11. |
SOLEIMANI Qasem (a.k.a. Ghasem Soleymani, a.k.a. Qasmi Sulayman, a.k.a. Qasem Soleymani, a.k.a. Qasem Solaimani, a.k.a. Qasem Salimani, a.k.a. Qasem Solemani, a.k.a. Qasem Sulaimani, a.k.a. Qasem Sulemani), born March 11, 1957 in Iran. Iranian national. Passport No: 008827 (Iran Diplomatic), issued 1999. Title: Major General. |
2. GROUPS AND ENTITIES
1. |
‘Abu Nidal Organisation’ – ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’). |
2. |
‘Al-Aqsa Martyrs’ Brigade’. |
3. |
‘Al-Aqsa e.V.’. |
4. |
‘Al-Takfir’ and ‘Al-Hijra’. |
5. |
‘Babbar Khalsa’. |
6. |
‘Communist Party of the Philippines’, including ‘New People’s Army’ – ‘NPA’, Philippines. |
7. |
‘Gama’a al-Islamiyya’ (a.k.a. ‘Al-Gama’a al-Islamiyya’) (‘Islamic Group’ – ‘IG’). |
8. |
İslami Büyük Doğu Akıncılar Cephesi’ – ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’). |
9. |
‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’. |
10. |
‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu’llah Military Wing’, a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)). |
11. |
‘Hizbul Mujahideen’ – ‘HM’. |
12. |
‘Hofstadgroep’. |
13. |
‘Holy Land Foundation for Relief and Development’. |
14. |
‘International Sikh Youth Federation’ – ‘ISYF’. |
15. |
‘Khalistan Zindabad Force’ – ‘KZF’. |
16. |
‘Kurdistan Workers’ Party’– ‘PKK’, (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’). |
17. |
‘Liberation Tigers of Tamil Eelam’ – ‘LTTE’. |
18. |
‘Ejército de Liberación Nacional’ (‘National Liberation Army’). |
19. |
‘Palestinian Islamic Jihad’ – ‘PIJ’. |
20. |
‘Popular Front for the Liberation of Palestine’ – ‘PFLP’. |
21. |
‘Popular Front for the Liberation of Palestine – General Command’ (a.k.a. ‘PFLP – General Command’). |
22. |
‘Fuerzas armadas revolucionarias de Colombia’ – ‘FARC’ (‘Revolutionary Armed Forces of Colombia’). |
23. |
‘Devrimci Halk Kurtuluș Partisi-Cephesi’ – ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People’s Liberation Army/Front/Party’). |
24. |
‘Sendero Luminoso’ – ‘SL’ (‘Shining Path’). |
25. |
‘Teyrbazen Azadiya Kurdistan’ – ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’). |
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/59 |
COUNCIL DECISION 2014/73/CFSP
of 10 February 2014
on a European Union military operation in the Central African Republic (EUFOR RCA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
In its Resolution 2127 (2013) on the situation in the Central African Republic (CAR), adopted on 5 December 2013, the United Nations Security Council (UNSC) expressed deep concern about the continuing deterioration of the security situation and the multiple and increasing violations of international humanitarian law and human rights in the CAR. Furthermore, it authorised the deployment of the African-led International Support Mission in the CAR (AFISM-CAR) for a period of twelve months and authorized the deployment of French forces in the CAR, for a temporary period, to take all necessary measures to support AFISM-CAR in the discharge of its mandate. |
(2) |
Following the Council conclusions of 21 October 2013 and of 16 December 2013, the European Council, in its conclusions of 20 December 2013, expressed its concern about the continuously deteriorating crisis in the CAR and its severe humanitarian and human rights consequences. It welcomed the French military intervention in support of the African forces to help restore security as well as the consistent commitment of its African partners to stabilize the situation. As part of a comprehensive approach, it confirmed the Union's willingness to examine the use of relevant instruments to contribute towards the efforts under way to stabilise the country, including under the Common Security and Defence Policy (CSDP), in both its military and civilian dimensions. It invited the High Representative of the Union for Foreign Affairs and Security Policy (HR) to present a proposal in this regard for a decision at the Council in January 2014. |
(3) |
On 20 January 2014, the Council approved a Crisis Management Concept for a military bridging CSDP operation in the CAR, (hereinafter referred to as ‘EUFOR RCA’), subject to a UNSC Resolution adopted under Chapter VII of the UN Charter. The Council stressed the importance of close cooperation with its partners, in particular the UN, the African Union (AU) and the CAR authorities, as well as with the French Operation Sangaris. |
(4) |
On 28 January 2014, the UNSC adopted Resolution 2134 (2014) authorising the establishment of an EU operation, EUFOR RCA. |
(5) |
On 23 January 2014, the Secretariat General of the Economic Community of Central African States (ECCAS) welcomed the establishment of an EU operation in the CAR. |
(6) |
On 24 January 2014, in a letter addressed to the HR, the interim President of the CAR welcomed the EU operation authorized by UNSC Resolution 2134 (2014). |
(7) |
EUFOR RCA should deploy as rapidly as possible to Full Operating Capability (FOC) in order to contribute to the stabilisation of the situation. It should conduct mandated tasks with a view to a handover to AFISM-CAR within four to six months from achieving FOC. |
(8) |
In accordance with Article 38 of the Treaty on European Union (TEU), the Political and Security Committee (PSC) is to exercise, under the responsibility of the Council and of the HR, political control over the crisis management operation, provide it with strategic direction and take the relevant decisions in that regard. |
(9) |
It is necessary to negotiate and conclude international agreements relating to the status of Union units and personnel and to the participation of third States in Union operations. |
(10) |
Pursuant to Article 41(2) TEU and in accordance with Council Decision 2011/871/CFSP (1), the operational expenditure arising from this Decision, which has military or defence implications, is to be borne by the Member States. |
(11) |
In accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, is neither bound by it nor subject to its application and does not participate in the financing of this operation, |
HAS ADOPTED THIS DECISION:
Article 1
Mission
1. The Union shall conduct a military bridging operation in the CAR, EUFOR RCA, to contribute to the provision of a safe and secure environment, with a handover to the African-led International Support Mission in the CAR (AFISM-CAR) within four to six months of Full Operating Capability, in accordance with the mandate set out in UNSC Resolution 2134 (2014) and concentrating its action in the Bangui area.
2. EUFOR RCA shall operate in accordance with the political, strategic, politico-military objectives set out in the Crisis Management Concept approved by the Council on 20 January 2014.
Article 2
Appointment of the EU Operation Commander
Major-General Philippe Pontiès is hereby appointed EU Operation Commander of EUFOR RCA.
Article 3
Designation of the EU Operation Headquarters
The Operation Headquarters of EUFOR RCA shall be located in Larissa, Greece.
Article 4
Planning and launch of the operation
1. Rules of Engagement needed for the preparatory phase of EUFOR RCA shall be approved by the Council as soon as possible after the adoption of this Decision.
2. The Decision to launch EUFOR RCA shall be adopted by the Council following approval of the Operation Plan and of the Rules of Engagement necessary for the execution of the mandate.
Article 5
Political control and strategic direction
1. Under the responsibility of the Council and of the HR, the PSC shall exercise the political control and strategic direction of EUFOR RCA. The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 38 of the TEU. This authorisation shall include the powers to amend the planning documents, including the Operations Plan, the Chain of Command and the Rules of Engagement. It shall also include the powers to take decisions on the appointment of the EU Operation Commander and the EU Force Commander. The powers of decision with respect to the objectives and termination of the EU military operation shall remain vested in the Council.
2. The PSC shall report to the Council at regular intervals.
3. The chairman of the EU Military Committee (EUMC) shall, at regular intervals, report to the PSC on the conduct of EUFOR RCA. The PSC may invite the EU Operation Commander or the EU Force Commander to its meetings, as appropriate.
4. The PSC shall assess the progress of EUFOR RCA three months after the launch of the Operation, on the basis of a written report.
Article 6
Military direction
1. The EUMC shall monitor the proper execution of EUFOR RCA conducted under the responsibility of the EU Operation Commander.
2. The EU Operation Commander shall, at regular intervals, report to the EUMC. The EUMC may invite the EU Operation Commander or the EU Force Commander to its meetings, as appropriate.
3. The chairman of the EUMC shall act as the primary point of contact with the EU Operation Commander.
Article 7
Consistency of the Union's response and coordination
1. The HR shall ensure the implementation of this Decision and its consistency with the Union's external action as a whole, including the Union's development programmes and its humanitarian assistance.
2. Without prejudice to the chain of command, the EU Operation Commander shall receive local political guidance from the Head of the EU Delegation in Bangui.
3. The HR, assisted by the European External Action Service (EEAS), shall act as the primary point of contact with the United Nations, the CAR authorities and neighbouring countries, the AU, the ECCAS, as well as with other relevant international and bilateral actors.
4. The coordination arrangements between the EU Operation Commander, Union actors and local key strategic partners relevant to the operation shall be defined in the operational planning document.
Article 8
Participation by third States
1. Without prejudice to the Union's decision-making autonomy or to the single institutional framework, and in accordance with the relevant guidelines of the European Council, third States may be invited to participate in the operation.
2. The Council hereby authorises the PSC to invite third States to offer contributions and to take the relevant decisions on acceptance of the proposed contributions, upon the recommendation of the EU Operations Commander and the EUMC.
3. Detailed arrangements for the participation by third States shall be the subject of agreements concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union (TFEU). Where the Union and a third State have concluded an agreement establishing a framework for the latter's participation in crisis management missions of the Union, the provisions of such an agreement shall apply in the context of EUFOR RCA.
4. Third States making significant military contributions to EUFOR RCA shall have the same rights and obligations in terms of day-to-day management of the operation as Member States taking part in the operation.
5. The Council hereby authorises the PSC to take relevant decisions on the setting-up of a Committee of Contributors, should third States provide significant military contributions.
Article 9
Status of Union-led personnel
The status of Union-led units and personnel, including the privileges, immunities and further guarantees necessary for the fulfilment and smooth functioning of their mission, shall be the subject of an agreement concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 TFEU.
Article 10
Financial arrangements
1. The common costs of the EU military operation shall be administered in accordance with Decision 2011/871/CFSP.
2. The financial reference amount for the common costs of EUFOR RCA shall be EUR 25,9 million. The percentage of the reference amount referred to in Article 25(1) of Decision 2011/871/CFSP shall be 50 %.
Article 11
Release of information
1. The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of EUFOR RCA, EU classified information generated for the purposes of the operation, in accordance with Council Decision 2013/488/EU (2), as follows:
(a) |
up to the level provided in the applicable Security of Information Agreements concluded between the Union and the third State concerned; or |
(b) |
up to the ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level in other cases. |
2. The HR shall also be authorised to release to the UN and the AU, in accordance with the operational needs of EUFOR RCA, EU classified information up to ‘RESTREINT UE/ EU RESTRICTED’ level which are generated for the purposes of EUFOR RCA, in accordance with Decision 2013/488/EU. Arrangements between the HR and the competent authorities of UN and AU shall be drawn up for this purpose.
3. In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information up to ‘RESTREINT UE /EU RESTRICTED’ level which is generated for the purposes of the Operation, in accordance with Decision 2013/488/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for that purpose.
4. The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to the Operation and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (3).
5. The HR may delegate such authorisations, as well as the ability to conclude the arrangements referred to in this Article to EEAS officials, to the EU Operation Commander or to the EU Force Commander in accordance with section VII of Annex VI to Decision 2013/488/EU.
Article 12
Entry into force and termination
1. This Decision shall enter into force on the date of its adoption.
2. EUFOR RCA shall end no later than six months after having reached FOC.
3. This Decision shall be repealed as from the date of closure of the EU Operation Headquarters in accordance with the plans approved for the termination of EUFOR RCA, and without prejudice to the procedures regarding the audit and presentation of the accounts of EUFOR RCA, laid down in Decision 2011/871/CFSP.
Done at Brussels, 10 February 2014.
For the Council
The President
C. ASHTON
(1) Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (OJ L 343, 23.12.2011, p. 35).
(2) Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).
(3) Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).
11.2.2014 |
EN |
Official Journal of the European Union |
L 40/63 |
COUNCIL DECISION 2014/74/CFSP
of 10 February 2014
amending Decision 2013/255/CFSP concerning restrictive measures against Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1),
Whereas:
(1) |
On 31 May 2013, the Council adopted Decision 2013/255/CFSP. |
(2) |
It is necessary to introduce in Decision 2013/255/CFSP an exemption from the asset freeze to allow the release of funds and economic resources of the Central Bank of Syria and of Syrian State-owned entities in order to make payments on behalf of the Syrian Arab Republic to the Organization for the Prohibition of Chemical Weapons (OPCW) for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons, and in particular to the OPCW Syrian Special Trust Fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic. |
(3) |
Further action by the Union is needed in order to implement certain measures. |
(4) |
Decision 2013/255/CFSP should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
In Article 28(3) of Decision 2013/255/CFSP, the following point is added:
‘(h) |
intended for the Central Bank of Syria or Syrian State-owned entities, as listed in Annex I and II, to make payments on behalf of the Syrian Arab Republic to the OPCW for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons, and in particular to the OPCW Syrian Special Trust Fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic.’. |
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 10 February 2014.
For the Council
The President
C. ASHTON