ISSN 1977-0677 |
||
Official Journal of the European Union |
L 280 |
|
![]() |
||
English edition |
Legislation |
Volume 58 |
|
|
Corrigenda |
|
|
* |
||
|
* |
||
|
* |
|
|
|
(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
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/1 |
Information concerning the signature of the Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and Republic of Tunisia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
The above Protocol between the European Union and Tunisia was signed in Luxembourg on 14 April 2014.
REGULATIONS
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/2 |
COMMISSION REGULATION (EU) 2015/1910
of 21 October 2015
amending Annexes III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for guazatine in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Articles 14(1)(a) and 18(1)(b) and Article 49(2) thereof,
Whereas:
(1) |
For guazatine, maximum residue levels (MRLs) were set in Part A of Annex III to Regulation (EC) No 396/2005. |
(2) |
The European Food Safety Authority, hereinafter ‘the Authority’, submitted a reasoned opinion on the existing MRLs for guazatine in accordance with Article 12(1) of Regulation (EC) No 396/2005 (2). All existing authorisations for plant protection products containing the active substance guazatine have been revoked. Neither were import tolerances reported at Union level nor were Codex MRLs available. In the absence of information on specific good agricultural practices that could be used in a consumer risk assessment, the Authority concluded that a value of 0,05 mg/kg provides a satisfactory level of protection for the European consumers. It is therefore appropriate to set the MRLs at the specific limit of determination. It is also appropriate to change the residue definition. |
(3) |
Moreover, Belgium indicated that the existing MRLs for guazatine in grapefruit and oranges may raise concerns of consumer protection. In particular, an acute consumer risk could not be excluded even by a refined risk assessment, taking into account a processing factor for citrus fruit. The European Commission and the Member States represented in the Standing Committee on Plants, Animals, Food and Feed considered it an appropriate risk management decision to lower the MRLs to a level that has been demonstrated to be safe for European consumers. |
(4) |
In accordance with Article 6(2) and (4) of Regulation (EC) No 396/2005 an application was submitted for guazatine used on citrus fruits. In accordance with Article 8 of Regulation (EC) No 396/2005 this application was evaluated by the Member State concerned and the evaluation report was forwarded to the Commission. The Authority assessed the application and the evaluation report, examining in particular the risks to the consumer and, where relevant, to animals and gave a reasoned opinion on the proposed MRLs (3). It forwarded this opinion to the Commission and the Member States and made it available to the public. It concluded in the opinion that it does not recommend setting the proposed MRLs since the available data were not sufficient to exclude a risk for European consumers. |
(5) |
The applicant requested an administrative review of the Authority's reasoned opinion according to Article 13 of Regulation (EC) No 396/2005. This review led to the conclusion that no substantial flaws and errors of assessment on the part of the Authority were identified. |
(6) |
Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
(7) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
(8) |
In order to allow for the normal marketing, processing and consumption of products, this Regulation should provide for a transitional arrangement for products which have been lawfully produced before the modification of the MRLs and for which information shows that a high level of consumer protection is maintained. |
(9) |
The transitional arrangement provided for by this Regulation should take the concerns of consumer protection with the existing MRLs for guazatine in grapefruit and oranges into account. |
(10) |
A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit Member States, third countries and food business operators to prepare themselves to meet the new requirements which will result from the modification of the MRLs. |
(11) |
Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. |
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes III and V to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
As regards guazatine, Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to all products which were lawfully produced before 13 May 2016, except grapefruit and oranges.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
However, it shall apply from 13 May 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 October 2015.
For the Commission
The President
Jean-Claude JUNCKER
(2) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels (MRLs) for guazatine according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2013;11(5):3239. [20 pp.].
(3) European Food Safety Authority; Reasoned opinion on the modification of the existing MRL for guazatine in citrus fruits. EFSA Journal 2014;12(8):3818. [29 pp.].
ANNEX
Annexes III and V to Regulation (EC) No 396/2005 are amended as follows:
(1) |
in Annex III, the column for guazatine is deleted; |
(2) |
in Annex V, the following column for guazatine is added: ‘Pesticide residues and maximum residue levels (mg/kg)
|
(*1) Indicates lower limit of analytical determination
(1) For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/16 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/1911
of 23 October 2015
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 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (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, 23 October 2015.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
||
CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
AL |
49,7 |
MA |
105,3 |
|
MK |
50,7 |
|
TR |
112,8 |
|
ZZ |
79,6 |
|
0707 00 05 |
AL |
39,0 |
MK |
46,1 |
|
TR |
112,1 |
|
ZZ |
65,7 |
|
0709 93 10 |
MA |
107,9 |
TR |
141,3 |
|
ZZ |
124,6 |
|
0805 50 10 |
AR |
152,4 |
TR |
109,4 |
|
UY |
74,0 |
|
ZA |
133,8 |
|
ZZ |
117,4 |
|
0806 10 10 |
BR |
260,9 |
EG |
211,9 |
|
LB |
236,1 |
|
MK |
97,7 |
|
PE |
75,0 |
|
TR |
156,6 |
|
ZZ |
173,0 |
|
0808 10 80 |
AL |
23,1 |
AR |
124,2 |
|
CL |
113,2 |
|
NZ |
135,0 |
|
ZA |
160,0 |
|
ZZ |
111,1 |
|
0808 30 90 |
TR |
129,9 |
XS |
96,6 |
|
ZZ |
113,3 |
(1) Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/18 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/1912
of 23 October 2015
on the issue of licences for importing rice under the tariff quotas opened for the October 2015 subperiod by Implementing Regulation (EU) No 1273/2011
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) No 1273/2011 (2) opened and provided for the administration of certain import tariff quotas for rice and broken rice, broken down by country of origin and split into several subperiods in accordance with Annex I to that Regulation. |
(2) |
October is the only subperiod for the quota with order number 09.4138 provided for under Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011. This quota comprises the balance of the unused quantities from the quotas with order numbers 09.4127, 09.4128, 09.4129 and 09.4130 in the previous subperiod. October is the last subperiod for the quotas provided for under Article 1(1)(b) and (e) of Implementing Regulation (EU) No 1273/2011, which comprise the balance of the unused quantities from the previous subperiod. |
(3) |
The notifications sent in accordance with point (a) of Article 8 of Implementing Regulation (EU) No 1273/2011 show that, for the quota with order number 09.4138, the applications lodged in the first 10 working days of October 2015 under Article 4(1) of that Implementing Regulation cover a quantity greater than that available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested under the quota concerned, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3). |
(4) |
The notifications also show that, for the quota with order number 09.4148, the applications lodged in the first 10 working days of October 2015 under Article 4(1) of Implementing Regulation (EU) No 1273/2011 cover a quantity less than that available. |
(5) |
The final percentage take-up for 2015 of each quota provided for by Implementing Regulation (EU) No 1273/2011 should also be made known. |
(6) |
In order to ensure sound management of the procedure of issuing import licences, this Regulation should enter into force immediately after its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
1. For import licence applications for rice under the quota with order number 09.4138 referred to in Implementing Regulation (EU) No 1273/2011 lodged in the first 10 working days of October 2015, licences shall be issued for the quantity requested, multiplied by the allocation coefficient set out in the Annex to this Regulation.
2. The final percentage take-up for 2015 of each quota provided for by Implementing Regulation (EU) No 1273/2011 is given in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 October 2015.
For the Commission,
On behalf of the President,
Jerzy PLEWA
Director-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) Commission Implementing Regulation (EU) No 1273/2011 of 7 December 2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (OJ L 325, 8.12.2011, p. 6).
(3) Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).
ANNEX
Quantities to be allocated for the October 2015 subperiod under Implementing Regulation (EU) No 1273/2011 and final percentage take-up for 2015
(a) |
Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011:
|
(b) |
Quota of husked rice covered by CN code 1006 20 as provided for in Article 1(1)(b) of Implementing Regulation (EU) No 1273/2011:
|
(c) |
Quota of broken rice covered by CN code 1006 40 00 as provided for in Article 1(1)(c) of Implementing Regulation (EU) No 1273/2011:
|
(d) |
Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(d) of Implementing Regulation (EU) No 1273/2011:
|
(e) |
Quota of broken rice covered by CN code 1006 40 00 as provided for in Article 1(1)(e) of Implementing Regulation (EU) No 1273/2011:
|
(1) No allocation coefficient applied for this subperiod: no licence applications were notified to the Commission.
(2) No quantity available for this subperiod.
DECISIONS
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/22 |
COUNCIL DECISION (EU) 2015/1913
of 18 September 2015
on the signing, on behalf of the European Union, of the Council of Europe Convention on the Prevention of Terrorism (CETS No 196)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular, Article 83(1), in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
Article 23 of the Council of Europe Convention on the Prevention of Terrorism (CETS No 196; ‘the Convention’) provides that that Convention shall be open for signature by the European Union. |
(2) |
On 1 April 2015 the Council authorised the Commission to open negotiations on the Additional Protocol to the Convention (‘the Additional Protocol’). |
(3) |
On 19 May 2015 the Council of Europe Committee of Ministers adopted the Additional Protocol. The Commission has submitted to the Council of the European Union a proposal for a Council Decision authorising the signing of the Additional Protocol on behalf of the European Union. |
(4) |
Article 10 of the Additional Protocol provides that the Additional Protocol shall be open for signature by signatories to the Convention. |
(5) |
Council Framework Decision 2002/475/JHA (1), established common Union rules on combatting terrorism. The Convention might affect those common rules or alter their scope. |
(6) |
The Convention should therefore be signed on behalf of the European Union as regards matters falling within the competence of the Union in so far as the Convention may affect those common rules or alter their scope. The Member States retain their competence in so far as the Convention does not affect common rules or alter the scope thereof. |
(7) |
Ireland is bound by Framework Decision 2002/475/JHA and is therefore taking part in the adoption of this Decision. |
(8) |
In accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
(9) |
In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
The signing on behalf of the European Union of the Council of Europe Convention on the Prevention of Terrorism (CETS No 196), as regards matters falling within the competence of the Union is hereby authorised, subject to the conclusion thereof (2).
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Convention on behalf of the European Union.
Article 3
This Decision shall enter into force upon its adoption. It shall apply in accordance with the Treaties.
Done at Brussels, 18 September 2015.
For the Council
The President
C. DIESCHBOURG
(1) Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).
(2) The text of the Convention will be published together with the decision on its conclusion.
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/24 |
COUNCIL DECISION (EU) 2015/1914
of 18 September 2015
on the signing, on behalf of the European Union, of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No 196)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 83(1), in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
On 1 April 2015 the Council authorised the Commission to open negotiations for the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No 196), hereinafter ‘the Additional Protocol’. |
(2) |
On 19 May 2015 the Council of Europe Committee of Ministers adopted the Additional Protocol. The Additional Protocol aims at facilitating the implementation of United Nations Security Council Resolution 2178(2014) on foreign terrorist fighters and, in particular, at establishing criminal offences for certain acts identified in operative paragraph 6 of that Resolution. |
(3) |
A common understanding of foreign terrorist-fighter-related offences and criminal offences of a preparatory nature with the potential to lead to the commission of terrorist acts, would contribute to further enhancing the effectiveness of the criminal justice instruments and cooperation at Union and international level. |
(4) |
Council Framework Decision 2002/475/JHA (1) established common Union rules on combatting terrorism. The Additional Protocol might affect those common rules or alter their scope. |
(5) |
The Additional Protocol should therefore be signed on behalf of the European Union as regards matters falling within the competence of the Union in so far as the Additional Protocol may affect those common rules or alter their scope. The Member States retain their competence in so far as the Protocol does not affect common rules or alter the scope thereof. |
(6) |
Ireland is bound by Framework Decision 2002/475/JHA and is therefore taking part in the adoption of this Decision. |
(7) |
In accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
(8) |
In accordance with Articles 1 and 2 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
HAS ADOPTED THIS DECISION:
Article 1
The signing on behalf of the European Union of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (CETS No 196), as regards matters falling within the competence of the Union, is hereby authorised, subject to the conclusion thereof (2).
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Additional Protocol on behalf of the European Union.
Article 3
This Decision shall enter into force upon its adoption. It shall apply in accordance with the Treaties.
Done at Brussels, 18 September 2015.
For the Council
The President
C. DIESCHBOURG
(1) Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).
(2) The text of the Additional Protocol will be published together with the decision on its conclusion.
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/26 |
COUNCIL DECISION (EU) 2015/1915
of 9 October 2015
appointing two Spanish members and three Spanish alternate members of the Committee of the Regions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
Having regard to the proposals of the Spanish Government,
Whereas:
(1) |
On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. |
(2) |
Two members' seats on the Committee of the Regions have become vacant following the end of the term of office of Mr José Ramón BAUZÁ DÍAZ and Ms Cristina MAZAS PÉREZ-OLEAGA, |
(3) |
Three alternate members' seats on the Committee of the Regions have become vacant following the end of the term of office of Ms María DE DIEGO DURÁNTEZ, Mr Esteban MAS PORTELL and Ms Inmaculada VALENCIA BAYÓN, |
HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed as members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:
— |
Da. Francina ARMENGOL I SOCIAS, Presidenta del Gobierno de las Islas Baleares |
— |
Da. Rosa EVA DÍAZ TEZANOS, Vicepresidenta y Consejera de Universidades e Investigación, Medio Ambiente y Politica Social de la Comunidad de Cantabria |
Article 2
The following are hereby appointed as alternate members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:
— |
Da. María DE DIEGO DURÁNTEZ, Viceconsejera de Ordenación del Territorio y Relaciones Institucionales de la Comunidad de Castilla y León |
— |
D. Marc PONS I PONS, Consejero de Presidencia del Gobierno de la Islas Baleares |
— |
D. Juan José SOTA VERDIÓN, Consejero de Economía, Hacienda y Empleo de Cantabria. |
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 9 October 2015.
For the Council
The President
J. ASSELBORN
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/28 |
POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/1916
of 20 October 2015
on the establishment of the Committee of Contributors for the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/3/2015)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
Having regard to Council Decision 2014/219/CFSP of 15 April 2014 on the European Union CSDP mission in Mali (EUCAP Sahel Mali) (1),
Whereas:
(1) |
Pursuant to Article 10(3) of Decision 2014/219/CFSP, the Council authorised the Political and Security Committee (‘PSC’) to take relevant decisions on the establishment of a Committee of Contributors (‘CoC’) for EUCAP Sahel Mali. |
(2) |
The European Council Conclusions of Göteborg of 15 and 16 June 2001 established guiding principles and arrangements for third States' contributions to police missions. On 10 December 2002, the Council approved a document entitled ‘Consultations and Modalities for the Contribution of non-EU States to EU civilian crisis management operations’ which further developed the arrangements for the participation of third States in civilian crisis management operations, including the establishment of a CoC. |
(3) |
The CoC should be a forum for discussing all problems relating to EUCAP Sahel Mali's day-to-day management with the contributing third States. The PSC, which exercises the political control and strategic direction of EUCAP Sahel Mali, should take account of the views expressed by the CoC, |
HAS ADOPTED THIS DECISION:
Article 1
Establishment
1. A Committee of Contributors (‘CoC’) for the European Union CSDP mission in Mali (EUCAP Sahel Mali) is hereby established.
2. The terms of reference of the CoC are laid down in the document entitled ‘Consultations and Modalities for the Contribution of non-EU States to EU civilian crisis management operations’.
Article 2
Composition
1. The CoC members shall be the following:
(a) |
representatives of all Member States; and |
(b) |
representatives of third States participating in EUCAP Sahel Mali and providing contributions. |
2. A representative of the European Commission may also attend the CoC's meetings.
Article 3
Information from the Head of Mission
The Head of Mission shall regularly send information to the CoC.
Article 4
Chair
The CoC shall be chaired by the High Representative of the Union for Foreign Affairs and Security Policy or by his or her representative.
Article 5
Meetings
1. The CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair's initiative, or at the request of a member.
2. The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. The Chair shall be responsible for conveying the outcome of the CoC's discussions to the PSC.
Article 6
Confidentiality
1. In accordance with Council Decision 2013/488/EU (2), the Council's security rules shall apply to the meetings and proceedings of the CoC. In particular, representatives in the CoC shall possess adequate security clearance.
2. The deliberations of the CoC shall be covered by the obligation of professional secrecy, except in so far as the CoC unanimously decides otherwise.
Article 7
Entry into force
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 20 October 2015.
For the Political and Security Committee
The Chairperson
W. STEVENS
(1) OJ L 113, 16.4.2014, p. 21.
(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).
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/30 |
POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/1917
of 20 October 2015
on the acceptance of Switzerland's contribution for the European Union CSDP mission in Mali (EUCAP Sahel Mali) (EUCAP Sahel Mali/4/2015)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
Having regard to Council Decision 2014/219/CFSP of 15 April 2014 on the European Union CSDP mission in Mali (EUCAP Sahel Mali) (1),
Whereas:
(1) |
Pursuant to Article 10(3) of Decision 2014/219/CFSP, the Council authorised the Political and Security Committee (‘PSC’) to take relevant decisions on the acceptance of the proposed contributions to EUCAP Sahel Mali by third States. |
(2) |
Following the recommendation of the Civilian Operations Commander, the PSC should accept the proposed contribution from Switzerland to EUCAP Sahel Mali and should consider the contribution as significant. |
(3) |
Therefore, Switzerland should be exempted from financial contributions to the operational budget of EUCAP Sahel Mali, |
HAS ADOPTED THIS DECISION:
Article 1
Third States' contributions
1. The contribution from Switzerland to EUCAP Sahel Mali is accepted and is considered to be significant.
2. Switzerland is exempted from financial contributions to the operational budget of EUCAP Sahel Mali.
Article 2
Entry into force
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 20 October 2015.
For the Political and Security Committee
The Chairperson
W. STEVENS
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/31 |
COMMISSION IMPLEMENTING DECISION (EU) 2015/1918
of 22 October 2015
establishing the Administrative Assistance and Cooperation system (‘AAC system’) pursuant to Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules
(notified under document C(2015) 7132)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular the second subparagraph of Article 63(1) thereof,
Whereas:
(1) |
Regulation (EC) No 882/2004 establishes a harmonised framework for the organisation of official controls to verify compliance with food law and feed law and animal health and animal welfare rules laid down in Union legislation. Title IV thereof lays down the rules for administrative assistance and cooperation between competent authorities in the Member States in order to ensure the application of food and feed law. |
(2) |
In particular, Regulation (EC) No 882/2004 requires Member States to provide each other with administrative assistance, to cooperate and to exchange information in order to ensure that cross-border instances of non-compliance are effectively pursued. |
(3) |
In addition, Regulation (EC) No 882/2004 provides for the administrative assistance and cooperation obligations of Member States to be complemented by the obligation for the Commission to coordinate the action undertaken by Member States where instances of non-compliance are widespread or recurrent, or where Member States fail to agree on how to address non-compliance. |
(4) |
To fulfil the obligations laid down in Regulation (EC) No 882/2004, the competent authorities in each Member State are required to exchange information that is necessary to enable the verification of compliance with food and feed law with their counterparts in other Member States, and in certain cases, with the Commission, where the results of official controls require action in more than one Member State. |
(5) |
For the exchange of information to be conducted as efficiently as possible, an IT system should be set up, namely, the Administrative Assistance and Cooperation system (‘AAC system’), to provide the liaison bodies, designated in each Member State in accordance with Article 35 of Regulation (EC) No 882/2004, with the necessary tools to facilitate the practical implementation of the exchange of information required by that Regulation. The AAC system should offer a streamlined method of communication and a structured format for the exchange of information. |
(6) |
For the development, use and maintenance of the AAC system, the Information Technology (IT) rationalisation policy principles of the Commission apply, which means the reuse of existing systems, in this case, where possible, the reuse of existing data exchange systems, in order to provide the most efficient solution possible and avoid unnecessary duplication of IT systems. |
(7) |
Access to the AAC System should only be granted to the liaison bodies designated in each Member State in accordance with Regulation (EC) No 882/2004 and to Commission nominated staff. Member States should be able to indicate, among the designated liaison bodies, certain liaison bodies that have been specifically designated to utilise the AAC system in relation to instances of a possible non-compliance perpetrated through deceptive fraudulent practices. |
(8) |
In order to provide further technical support and facilitate the preparation of administrative assistance and cooperation procedures, upon request of a liaison body, competent authorities at central or regional level, within a Member State, may be given access to a number of technical functionalities of the AAC system. Such access may be given only to the functionalities necessary to enable the exchange of information, relating to requests for assistance or notification of non-compliance, between those authorities and the liaison body that deals with that request or notification. |
(9) |
In certain cases, information concerning non-compliance with food or feed law is disseminated by and among the competent authorities in the Member States through the Rapid Alert System for Food and Feed (RASFF), established in accordance with Regulation (EC) No 178/2002 of the European Parliament and of the Council (2), and through the Trade Control and Expert System (TRACES), established by Commission Decision 2004/292/EC (3). In order to avoid unnecessary duplication, that information should be made available through the AAC system to the liaison bodies designated in accordance with Regulation (EC) No 882/2004, so that the Member State notifying that information to the RASFF or TRACES is not required to upload the same information onto the AAC system for the purposes of administrative assistance and cooperation. Accordingly, the RASFF and TRACES applications should be enabled to provide data to the AAC system in order to streamline the process. |
(10) |
Information exchanged concerning administrative assistance and cooperation pursuant to Regulation (EC) No 882/2004 may include the results of official controls performed on business operators and on premises and goods under their control, and information which permits the identification of such operators, premises or goods. Access to such information should be restricted to those officials who, given their function within the competent authorities, need the information for the purpose of verifying compliance with, or otherwise enforcing, food or feed law. |
(11) |
The AAC System should permit the closure of an administrative assistance and cooperation procedure by the liaison body that sent a request for assistance or a notification regarding a possible or established cross-border instance of non-compliance, once the assistance or feedback to the notification has been provided by the liaison body that received the request or notification. Arrangements should be put in place to avoid procedures becoming dormant or remaining open unnecessarily and should allow the system to automatically close a procedure where no activity or exchange of information has taken place over a period of 6 months. |
(12) |
This Decision respects the fundamental rights and observes the principles which are recognised by the Charter of Fundamental Rights of the European Union. In particular, this Decision seeks to ensure full respect for the right to protection of personal data. |
(13) |
Where the exchange of information provided for in Regulation (EC) No 882/2004 and in this Decision involves the processing of personal data, a careful assessment should be carried out to ensure that the processing is strictly necessary to achieve the purposes of efficient administrative assistance and cooperation, and that such processing is in accordance with the national provisions implementing Directive 95/46/EC of the European Parliament and of the Council (4) and with Regulation (EC) No 45/2001 of the European Parliament and of the Council (5). Where exemptions and restrictions of certain rights of the data subjects and obligations of the data controller laid down by Directive 95/46/EC and Regulation (EC) No 45/2001 are considered in order to safeguard the interests referred to in Article 13(1)(d) and (f) of Directive 95/46/EC and in Article 20(1)(a) and (e) of Regulation (EC) No 45/2001, those exemptions and restrictions may only be adopted if they are necessary and proportionate to the objective pursued. Restrictions to the rights of data subjects should constitute a necessary measure to prevent interference with the official control tasks of the competent authorities and with the assessment of compliance with food law or feed law. In particular, rights of the data subjects may be restricted, in accordance with Directive 95/46/EC and Regulation (EC) No 45/2001, during the period in which actions are carried out for the purpose of sighting or discrete surveillance, where granting them would jeopardise or undermine the purpose of official controls or investigations. In order to guarantee a high level of data protection, it is appropriate to establish a maximum timeframe to ensure that personal data do not remain in the AAC system longer than it is necessary to achieve compliance with the rules laid down in Title IV of Regulation (EC) No 882/2004. In particular, a retention period of 5 years, starting from the closure of the administrative assistance and cooperation procedure, should be established, after which time personal data should be removed from the AAC system. The length of the retention period is necessary to give the possibility to the liaison bodies and the Commission to consult the information over a sufficient period of time after the administrative assistance and cooperation procedure has been closed, in order to ascertain the timely identification of reoccurring, connected or widespread non-compliance with food or feed law. |
(14) |
It is appropriate to lay down rules concerning the rectification of information exchanged through the AAC system in order to ensure that the information stored in that system is accurate. It is also appropriate to lay down minimum requirements for data security to prevent any unauthorised access or use of them. |
(15) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS DECISION:
SECTION I
GENERAL PROVISIONS
Article 1
Subject matter
This Decision lays down the rules concerning the establishment and use of the Administrative Assistance and Cooperation system (the ‘AAC system’) to support the exchange of information between the competent authorities of the Member States, and between those competent authorities and the Commission, in accordance with Title IV of Regulation (EC) No 882/2004.
Article 2
Definitions
For the purpose of this Decision, the following definitions shall apply:
(1) |
‘administrative assistance and cooperation procedure’ means an established workflow provided for in the AAC system which permits liaison bodies and the Commission to exchange information concerning possible instances of non-compliance in accordance with Articles 36, 37 and 38 of Regulation (EC) No 882/2004; |
(2) |
‘closure of an administrative assistance and cooperation procedure’ means applying the technical facility provided by the AAC system to close an administrative assistance and cooperation procedure; |
(3) |
‘withdrawal of an administrative assistance and cooperation procedure’ means withdrawing from the AAC system an administrative assistance and cooperation procedure which was erroneously uploaded onto it. |
SECTION II
FUNCTIONING OF THE AAC SYSTEM
Article 3
Establishment and management of the AAC system
1. The Commission shall establish, manage and update, as necessary, the AAC system.
2. The Commission shall give access to the AAC system to the liaison bodies designated by each Member State in accordance with Article 35(1) of Regulation (EC) No 882/2004 (‘the liaison bodies’).
3. Upon request of one of the liaison bodies referred to in paragraph 2, the Commission shall give access to the AAC system to designated staff belonging to competent authorities at central or regional level within the same Member State. Such access shall be limited to the technical functionalities of the AAC system required to exchange information between those competent authorities and the liaison body that requested the access, in relation to the preparation of administrative assistance and cooperation procedures handled by the liaison body.
4. The Commission shall ensure that the Rapid Alert System for Food and Feed (RASFF) established in accordance with Article 50 of Regulation (EC) No 178/2002 and the Trade Control Expert System (TRACES) established in accordance with Article 2 of Decision 2004/292/EC are able to provide the necessary information to the AAC system and thereby to the liaison bodies.
Article 4
Liaison bodies responsible for the exchange of information concerning a possible non-compliance perpetrated through deceptive fraudulent practices
Member States shall specifically indicate which of the liaison bodies referred to in Article 3, paragraph 2 are designated for the purpose of exchanging information regarding possible non-compliances perpetrated through deceptive fraudulent practices.
Article 5
Responsibilities of the liaison bodies in relation to the AAC system
1. The liaison bodies shall be responsible for:
(a) |
ensuring that their staff comply with the rules on confidentiality provided for in Article 7(2) and (3) of Regulation (EC) No 882/2004; |
(b) |
uploading onto the AAC system requests for assistance in accordance with Article 36 of Regulation (EC) No 882/2004 (‘requests for assistance’), notifications of a non-compliance in accordance with Articles 37 and 38 of that Regulation (‘notifications of non-compliance’) and the responses to such requests for assistance or notifications of non-compliance, as appropriate; |
(c) |
ensuring that the information that must be provided to a liaison body in another Member State, in accordance with Articles 36, 37 and 38 of Regulation (EC) No 882/2004, is uploaded without undue delay on the AAC system; |
(d) |
taking every reasonable step to ensure that the information uploaded to the AAC system is accurate and, where necessary, is rectified and kept up-to-date; |
(e) |
withdrawing from the AAC system, no later than 30 days from the upload date, any information erroneously uploaded onto it or no longer necessary to initiate the administrative assistance and cooperation procedure. |
2. Requirements in paragraph 1(a), (d) and (e) shall also apply to staff of the competent authorities at central or regional level referred to in Article 3(3). If a liaison body has evidence to suggest that an item of information is inaccurate or was erroneously included in the AAC system, it shall inform the liaison body which included that item in the AAC system as soon as possible.
Article 6
Closure of the administrative assistance and cooperation procedure
1. The administrative assistance and cooperation procedure shall be closed by the liaison body that uploaded the request for assistance or the notification of non-compliance in accordance with Article 5(1)(b) following receipt of an appropriate response to such request for assistance or notification of non-compliance, from the receiving liaison body.
2. If, after a period of 6 months from the date on which the request for assistance or notification of non-compliance was uploaded onto the AAC system as provided for in Article 5(1)(b), the administrative assistance and cooperation procedure has not been closed, the AAC system shall ask the requesting liaison body or notifying liaison body to confirm that the administrative assistance and cooperation procedure is still ongoing.
The requesting liaison body or notifying liaison body shall, within 15 working days either confirm that the administrative assistance and cooperation procedure is still ongoing or close the procedure if it is no longer necessary. If no confirmation is given or the procedure is not closed by the liaison body, the AAC system shall close the procedure automatically.
3. Where confirmation is received in accordance with paragraph 2 that the administrative assistance and cooperation procedure is still ongoing, it shall remain open in the AAC system.
Starting from the date of such confirmation any period of 6 months of no exchange of information shall result in the automatic closure of the administrative assistance and cooperation procedure.
Article 7
Responsibilities of the Commission in relation to the AAC system
The Commission shall:
(a) |
ensure the development, maintenance, support and any necessary update of the software and IT infrastructure for the AAC system; |
(b) |
monitor the exchange of information through the AAC system for the purpose of identifying activities that are, or appear to be, contrary to food or feed law and are of particular interest at Union level, as provided for in Article 40(1) of Regulation (EC) No 882/2004; |
(c) |
analyse the information exchanged through the AAC system for the purpose of its coordination tasks, as provided for in Article 40(1) of Regulation (EC) No 882/2004, and in view of producing reports to facilitate the implementation of that Regulation; |
(d) |
provide the necessary formats and guidance for the use of the AAC system. |
Article 8
Exchange of information through the AAC system
1. Information shall be exchanged through the AAC system by using the format made available by the Commission in accordance with point (d) of Article 7.
2. In relation to each instance, the information exchanged through the AAC system shall at least include:
(a) |
contact details of the competent authorities and officials dealing with the instance; |
(b) |
a description of the possible non-compliance; |
(c) |
the identification, where possible, of the business operators associated with it; |
(d) |
details of animals or goods associated with a possible instance of non-compliance with food or feed law; |
(e) |
an indication of whether the information is exchanged for the purpose of:
|
(f) |
an indication of the liaison body to which the request for assistance or notification of non-compliance is addressed; |
(g) |
an indication of whether the request for assistance or the notification of non-compliance relates to a possible instance of a non-compliance perpetrated through deceptive fraudulent practices and whether access to it is to be limited to the liaison bodies referred to in Article 4. |
SECTION III
PROCESSING OF PERSONAL DATA AND SECURITY
Article 9
Purpose limitation
1. The liaison bodies and the Commission shall exchange and process personal data through the AAC System only for the purposes of implementing the requirements on administrative assistance and cooperation laid down in Title IV of Regulation (EC) No 882/2004.
2. In no instance shall personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and information concerning the health or sex life of an individual be included in the data exchange.
Article 10
Data protection
1. Directive 95/46/EC and Regulation (EC) No 45/2001 shall apply to the extent that the information exchanged through the AAC system contains personal data as defined in Article 2(a) of Directive 95/46/EC and in Article 2(a) of Regulation (EC) No 45/2001.
2. In relation to their responsibilities to transmit the relevant information to the AAC system and the processing of any personal data that might result from that activity as well as from the exchanges referred to in Article 3(3), the competent authorities and the liaison bodies of the Member States shall be regarded as controllers, as defined in Article 2(d) of Directive 95/46/EC.
3. In relation to the responsibility to manage the AAC system, for the processing of any personal data that might result from Article 5 of this Decision, the Commission shall be regarded as controller as defined in Article 2(d) of Regulation (EC) No 45/2001.
4. Member States may restrict the rights and obligations under Article 6(1), Article 10, Article 11(1) and Article 12 of Directive 95/46/EC as necessary to safeguard the interest referred to in Article 13(1)(d) and (f) of that Directive.
5. The Commission may restrict the rights and obligations under Article 4(1), Article 11, Article 12(1), and Articles 13 to 17 of Regulation (EC) No 45/2001 where such restriction constitutes a necessary measure to safeguard the interests referred to in Article 20(1)(a) and (e) thereof during the period in which actions are being planned or performed to verify compliance with food or feed law or to ensure the enforcement of food or feed law in the specific case to which the information relates.
Article 11
Retention of personal data
The Commission shall remove the personal data processed in the AAC system as soon as they are no longer necessary for the purpose for which they were collected and processed and, as a general rule, no later than 5 years after the closure of the administrative assistance and cooperation procedure.
Article 12
Data security
The Commission and Member States shall ensure that the AAC system complies with the rules on data security adopted pursuant to Article 22 of Regulation (EC) No 45/2001 and to Article 17 of Directive 95/46/EC respectively.
Article 13
Date of application
This Decision shall apply from the twentieth day following that of its publication in the Official Journal of the European Union.
Article 14
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 22 October 2015.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission
(1) OJ L 165, 30.4.2004, p. 1.
(2) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
(3) Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC (OJ L 94, 31.3.2004, p. 63).
(4) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
(5) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
Corrigenda
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/38 |
Corrigendum to Commission Regulation (EU) 2015/845 of 27 May 2015 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin, chlorantraniliprole, cyantraniliprole, dicamba, difenoconazole, fenpyroximate, fludioxonil, glufosinate-ammonium, imazapic, imazapyr, indoxacarb, isoxaflutole, mandipropamid, penthiopyrad, propiconazole, pyrimethanil, spirotetramat and trinexapac in or on certain products
( Official Journal of the European Union L 138 of 4 June 2015 )
On page 27, paragraph 2(a):
for:
‘In Part A, the columns for chlorantraniliprole, dicamba, difenoconazole, glufosinate-ammonium, imazapic, imazapyr, mandipropamid, penthiopyrad and spirotetramat are replaced by the following:’;
read:
‘In Part A, the columns for chlorantraniliprole, dicamba, difenoconazole, fenpyroximate, glufosinate-ammonium, imazapic, imazapyr, mandipropamid, penthiopyrad and spirotetramat are replaced by the following:’.
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/38 |
Corrigendum to Council Implementing Regulation (EU) 2015/1514 of 14 September 2015 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
( Official Journal of the European Union L 239 of 15 September 2015 )
On page 31, Annex (amendment of Annex I to Regulation (EU) No 269/2014), Section II, Persons, entry 1, column ‘Name’:
for:
‘Sergei Valerievich AKSENOV (Сер Валерьевич AKCëHOB)’,
read:
‘Sergei Valerievich AKSENOV (Сергей Валерьевич AKCëHOB)’.
24.10.2015 |
EN |
Official Journal of the European Union |
L 280/39 |
Corrigendum to Council Decision (CFSP) 2015/1524 of 14 September 2015 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
( Official Journal of the European Union L 239 of 15 September 2015 )
On page 158, Annex, Section II, Persons, entry 1, column ‘Name’:
for:
‘Sergei Valerievich AKSENOV (Сер Валерьевич AKCëHOB)’,
read:
‘Sergei Valerievich AKSENOV (Сергей Валерьевич AKCëHOB)’.