14.2.2017

Official Journal of the European Union

L 37/3

AGREEMENT CONTINUING THE INTERNATIONAL SCIENCE AND TECHNOLOGY CENTER

THE PARTIES TO THIS AGREEMENT,

CONCERNED about the worldwide threat posed by the proliferation of nuclear, radiological, chemical, and biological weapons (hereinafter weapons of mass destruction or ‘WMD’) and the use of nuclear, radiological, chemical, and biological materials as weapons;

REAFFIRMING the need to prevent the proliferation of technologies, material, and expertise related to WMD and their means of delivery;

RECALLING United Nations Security Council Resolution 1540, which decided that all States have an obligation to refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer, or use nuclear, chemical, or biological weapons and their means of delivery;

RECOGNIZING that collaborative, multilateral efforts among states are an effective means for preventing such proliferation, and recognizing the important role of scientific research and technological development as key elements of today's proliferation challenges;

TAKING INTO ACCOUNT the provisions of the Agreement Establishing an International Science and Technology Center (hereinafter ‘the ISTC’ or ‘the Center’), signed at Moscow on November 27, 1992 (hereinafter ‘the 1992 Agreement’) and the Protocol on the Provisional Application of the Agreement Establishing an International Science and Technology Center, signed at Moscow on December 27, 1993 (hereinafter ‘the Provisional Application Protocol’);

ACKNOWLEDGING the need for the ISTC to minimize incentives to engage in activities that could result in the proliferation of WMD or related materials by supporting and cooperating in research and development activities for peaceful purposes of scientists and engineers in states with technologies, expertise, and related materials applicable to WMD, and the ISTC's past contributions to preventing the proliferation of WMD and to promoting scientific cooperation among states;

REALIZING that the success of the ISTC requires strong support from governments, the European Union and the European Atomic Energy Community (hereinafter ‘Euratom’), non-governmental organizations, foundations, academic and scientific institutions, and other inter-governmental and private sector organizations;

DESIRING that the ISTC continue its work in light of recent changes in membership of the ISTC;

DESIRING further to adapt the ISTC to conditions that have changed since the ISTC was founded so that ISTC activities provide impetus and support to participating scientists and engineers, including those with knowledge and skills applicable to WMD or their delivery systems (including dual-use knowledge and skills), in developing international scientific partnership, strengthening global security, and fostering economic growth through innovation; and

DECIDING, in order to accomplish the ISTC's goals more effectively through scientific cooperation, to continue the ISTC by entering into this Agreement, based on the 1992 Agreement with revisions, and to supersede the Provisional Application Protocol;

HAVE AGREED AS FOLLOWS:

Article 1

(A) The ISTC, originally established by the 1992 Agreement as an inter-governmental organization, shall continue under the terms of this Agreement. Each Party shall facilitate, in its territory, the activities of the Center. In order to achieve its objectives, the Center shall have, in accordance with the laws and regulations of the Parties, the legal capacity to contract, to acquire and dispose of immovable and movable property, and to institute and respond to legal proceedings.

(B) As used in this Agreement, the following terms shall have the definitions provided in this Article:

(i)	‘Parties’ shall mean, after entry into force of this Agreement, the signatories to this Agreement that have provided notification pursuant to Article 17(C) of this Agreement, and any and all states that have acceded to this Agreement pursuant to Article 13(B) of this Agreement;

(ii)	‘personnel of the Center’ shall mean natural persons who are employed by or working under contract with the Center, or who are assigned to or on temporary duty to the Center as agreed by the Center and one or more of the Parties;

(iii)

‘family members’ shall mean spouses; unmarried dependent children under 21 years of age; unmarried dependent children under 23 years of age who are in full-time attendance as students at a post-secondary educational institution; and unmarried children who are physically or mentally disabled;

(iv)	‘activities’ of the Center shall mean projects and other work conducted under the auspices of the Center, consistent with Article 2 of this Agreement;

(v)	‘project’ of the Center shall mean a collaborative activity of a set duration conducted anywhere in the world that may include grants and/or equipment, and is subject to approval as described in Article 6 of this Agreement;

(vi)

‘consensus’ of the Governing Board shall mean agreement of all Parties on the Governing Board that are participating and voting at a meeting at which a decision is taken, so long as a quorum is present, except as provided otherwise in this Agreement. The ISTC Statute, as provided for in Article 4 of this Agreement, shall define quorum and the permissible forms of Parties' participation at meetings;

(vii)

‘Host State’ shall mean a Party that has been designated as the Host State in accordance with Article 9(A) of this Agreement;

(viii)

‘dual-use technology, materials, and expertise’ shall mean technology, materials, and expertise that have both commercial applications and proliferation applications, such as applications related to the development, production, use, or enhancement of WMD or their means of delivery;

(ix)	‘dual-use knowledge and skills’ shall mean knowledge and skills applicable to the use of dual-use technology, materials, and expertise in the development, production, use, or enhancement of WMD or their means of delivery; and

(x)	‘related materials’ shall mean materials, equipment, and technology covered by relevant multilateral treaties and arrangements, or included on national control lists, which could be used for the design, development, production, or use of WMD or their means of delivery.

Article 2

(A) The Center shall develop, approve, finance, and monitor activities for peaceful purposes, which are to be carried out at institutions and facilities located in the territories of the Parties. Projects may be conducted in states that are not Parties to this Agreement that have technologies, expertise, and related materials applicable to WMD in cases where those states have solicited such projects by written communication to the Governing Board and the Governing Board unanimously approves the conduct of such projects. Notwithstanding the foregoing, individuals who are nationals of non-Party states may be permitted to participate in activities conducted by the ISTC in states that are Parties to this Agreement.

(B) The objectives of the Center shall be:

(i)

to promote the improvement of international mechanisms for the prevention of the proliferation of WMD and their delivery systems, as well as of technologies, materials, and expertise that are key elements directly related to the development, production, use, or enhancement of WMD or their delivery systems (including dual-use technology, materials, and expertise);

(ii)	to give scientists and engineers with knowledge and skills applicable to WMD and their delivery systems, including dual-use knowledge and skills, opportunities for training and alternative employment where their knowledge and skills can be used for peaceful activities;

(iii)

to promote a culture of security with respect to the handling and use of materials, equipment, and technology which could be used for the design, development, production, or use of WMD or their means of delivery; and

(iv)

to contribute through its activities: to the development of international scientific partnership, strengthening global security, and fostering economic growth through innovation; to basic and applied research and technology development and commercialization, inter alia, in the fields of environment, energy, health, and nuclear, chemical, and biological safety and security; and to promoting the further integration of scientists with technologies, material, and expertise applicable to WMD into the international scientific community.

Article 3

In order to achieve its objectives, the Center is authorized to:

(i)	promote and support, by use of funds or otherwise, activities in accordance with Article 2 of this Agreement;

(ii)	monitor and audit Center activities in accordance with Article 8 of this Agreement;

(iii)

establish appropriate forms of cooperation with, and receive funds or donations from, governments, the European Union and Euratom, inter-governmental organizations, non-governmental organizations, private sector organizations, foundations, academic and scientific institutions, and related programs;

(iv)	establish branch offices or information offices as appropriate in interested states that are Parties, or in the territory of a non-Party if the Governing Board unanimously approves the establishment of such an office in that non-Party's territory; and

(v)	engage in other activities within the scope of this Agreement as may be agreed upon by consensus of the Governing Board.

Article 4

(A) The Center shall have a Governing Board and a Secretariat, consisting of an Executive Director (who serves as the chief executive officer), Deputy Executive Director(s), and other personnel of the Center, in accordance with the Statute of the Center.

(B) The Governing Board shall be responsible for:

(i)	determining the Center's policy and its own rules of procedure;

(ii)	providing overall guidance and direction to the Secretariat;

(iii)

approving the Center's operating budget;

(iv)	governing the financial and other affairs of the Center, including approving procedures for the preparation of the Center's budget, drawing up of accounts and auditing thereof;

(v)	formulating general criteria and priorities for the approval of activities;

(vi)	approving projects in accordance with Article 6 of this Agreement;

(vii)

adopting the Statute and other implementing arrangements as necessary; and

(viii)

other functions assigned to it by this Agreement or necessary for the implementation of this Agreement.

(D) Each Party shall be represented by a single vote on the Governing Board and shall appoint no more than two representatives to the Governing Board.

(E) The Parties may establish a Scientific Advisory Committee, made up of representatives to be nominated by the Parties, to give to the Board expert scientific and other necessary professional advice; to advise the Board on the fields of research for peaceful purposes to be encouraged; and to provide any other advice that may be required by the Board.

(F) The Governing Board shall adopt a Statute in implementation of this Agreement. The Statute shall establish:

(i)	the structure of the Secretariat including the duties and responsibilities of the Executive Director, Deputy Executive Directors, and other key staff;

(ii)	the process for selecting, developing, approving, financing, carrying out, and monitoring activities;

(iii)

procedures for the preparation of the Center's budget, drawing up of accounts, and auditing thereof;

(iv)	appropriate guidelines on intellectual property rights resulting from Center projects and on the dissemination of project results;

(v)	procedures governing the participation of governments, the European Union and Euratom, inter-governmental organizations, and non-governmental organizations in Center activities;

(vi)	personnel policies;

and other arrangements necessary for the implementation of this Agreement.

Article 5

Inter-governmental and non-governmental organizations, or states that are not Parties, may be invited by the Governing Board to participate in Governing Board deliberations as observers, in a non-voting capacity.

Article 6

Each project proposal submitted for approval by the Governing Board shall be accompanied by the written concurrence of the state or states in which the work is to be carried out. In addition to the prior agreement of that state or those states, the approval of projects shall require the consensus of the Governing Board.

Article 7

(A) Projects approved by the Governing Board may be financed or supported by the Center, Parties, non-governmental organizations, foundations, academic and scientific institutions, inter-governmental organizations, and organizations in the private sector. Such financing and support of approved projects shall be provided on terms and conditions specified by those providing it, provided that any terms and conditions specified shall be consistent with this Agreement.

(B) Representatives of the Parties on the Governing Board and personnel of the Center Secretariat shall be ineligible for project funding and may not directly benefit from any project funds.

Article 8

(A) The Center shall have the right, within the states in which the activity is to be carried out:

(i)	to examine, on site, Center activities, materials, supplies, use of funds, and related services and use of funds, upon notification by the Center or, in addition, as specified in a project agreement; and

(ii)

to inspect or audit, upon its request, any records or other documentation in connection with Center projects, activities, and use of funds, wherever such records or documentation are located, during the period in which the Center provides the financing, and for a period thereafter as determined in a project agreement.

The written concurrence required in Article 6 of this Agreement shall include the agreement, of the state or states in which the project is to be carried out and the recipient institution, to provide the Center with access necessary for auditing and monitoring the project, as required by this paragraph.

(B) Each Party shall also have the rights stated in paragraph (A) of this Article, coordinated through the Center, with regard to projects it finances in whole or in part or projects that are carried out in its territory.

(C) If it is determined that the terms and conditions of a project have not been respected, the Center or a financing government or organization may, having informed the Governing Board of its reasons, terminate the project and take appropriate steps in accordance with the terms of the project agreement.

Article 9

(A) The Headquarters of the Center shall be located in the Republic of Kazakhstan and the Republic of Kazakhstan shall act as the Host State unless and until such time as: (i) the Republic of Kazakhstan submits written notification to the Governing Board of its desire to no longer serve as the Host State; (ii) another Party referred to in Article 13(A) of this Agreement or that accedes to this Agreement in accordance with Article 13(B) of this Agreement for the purpose of permitting the conduct by the ISTC of activities in the territory of such state submits written notification to the Governing Board requesting that it be designated as the successor Host State; (iii) the Governing Board decides by consensus to accept that Party's request to be designated as the successor Host State; and (iv) the Party requesting the designation as the successor Host State submits written notification to the Governing Board confirming that it accepts designation as the successor Host State.

(B) By way of providing material support to the Center, the government of the Host State shall provide, at its own expense, a facility suitable for use by the Center, along with maintenance, utilities, and security for the facility. The government of the Host State and the ISTC may enter into an agreement specifying the terms and conditions on which the Host State shall provide material support and the facility for the Center.

(C) In the Host State, the Center shall have the status of a legal person and, in that capacity, shall be entitled to contract, to acquire and dispose of immovable and movable property, and to institute and respond to legal proceedings.

Article 10

In the Host State:

(i)

(a)	funds received by the ISTC and any interest earned on those funds shall not be subject to taxation in the Host State;

(b)	the Center, or any branch thereof, shall not be subject to any taxation on property that is subject to taxation under the tax laws of the Host State;

(c)

commodities, supplies, and other property provided or utilized in activities of the Center may be imported into, exported from, or used in the Host State free from any tariffs, dues, customs duties, import taxes, value added taxes (VAT), and other similar taxes or charges. Commodities, supplies, and other immovable or movable property may be transferred or otherwise provided by the ISTC to legal entities (including but not limited to Host State scientific organizations) and possessed or used by the ISTC and/or the entities to which such items have been provided or transferred free from any tariffs, dues, customs duties, import taxes, VAT, property taxes, and similar taxes or charges;

(d)	personnel of the Center who are not Host State nationals shall be exempt from payment of the income tax in the Host State for natural persons;

(e)	funds received in connection with the Center's projects by legal entities, including Host State scientific organizations, shall not be subject to taxation in the Host State;

(f)	funds received by natural persons, in particular, by scientists and specialists, within the framework of the Center's projects shall not be included in those persons' total taxable income;

(ii)

(a)

the Center, the Parties, governments, inter-governmental organizations, and non-governmental organizations shall have the right to move funds needed by the Center to carry out its activities, other than Host State currency, into or out of the Host State without restriction. Each shall have the right to so move only amounts not exceeding the total amount it moved into the Host State; and

(b)	to finance the Center and its activities, the Center shall be entitled, for itself and on behalf of the entities referred to in subparagraph (ii)(a) of this Article, to sell foreign currency on the internal currency market of the Host State.

(iii)

Personnel of non-Host State organizations taking part in any Center activity and who are not Host State nationals or permanent residents shall be exempt from the payment of any customs duties and charges upon personal or household goods imported into, exported from, or used in the Host State for the personal use of such personnel or members of their families.

Article 11

(A) In the Host State, the ISTC and its assets and property shall be immune from jurisdiction and execution except to the extent the ISTC has expressly waived immunity in a particular case.

(B) Privileges and immunities are accorded to the Center only for the purposes specified in this Agreement.

(C) The provisions of this Article shall not prevent compensation or indemnity available under applicable international agreements or national law of any state.

(D) Nothing in paragraph (A) of this Article shall be construed to prevent legal proceedings or claims against Host State nationals or permanent residents of the Host State.

Article 12

(A) Personnel of the Center and their family members present in the Host State shall be accorded by the Host State Government the following privileges and immunities:

(i)	immunity from arrest, detention, and legal process, including criminal, civil, and administrative jurisdiction, in respect of words spoken or written and all acts performed by them in their official capacity;

(ii)	exemption from any income, social security, or other taxation, duties or other charges, except those that are normally incorporated in the price of goods or paid for services rendered;

(iii)

immunity from social security provisions;

(iv)	immunity from immigration restrictions and from alien registration; and

(v)

rights to import their furniture and effects, at the time of first taking up their post, free of any Host State tariffs, dues, customs duties, import taxes, and other similar taxes or charges and to export their furniture and effects, at the time of termination of their post, free of any Host State tariffs, dues, customs duties, export taxes, and other similar charges.

The provisions of subparagraph (i) of this Article shall not apply in respect of a civil action either: (a) arising out of a contract concluded by personnel of the Center in which the personnel did not contract expressly or impliedly as an agent of the Center; or (b) by a third party for damage arising from an accident in the Host State caused by a vehicle.

(B) Representatives of the Parties on the Governing Board, the Executive Director, and the Deputy Executive Directors shall be accorded by the Host State Government, in addition to the privileges and immunities listed in paragraph (A) of this Article, any additional privileges, immunities, exemptions, and facilities generally accorded by the Host State to the representatives of members and executive heads of international organizations in its territory.

(C) Nothing in this Agreement shall require the Host State Government to provide the privileges and immunities provided in paragraphs (A) and (B) of this Article to its nationals or its permanent residents.

(D) Nothing in this Agreement shall be construed to derogate from privileges, immunities, and other benefits granted under other agreements to persons described in paragraphs (A) and (B) of this Article.

Article 13

(A) The Republic of Armenia, Georgia, the Republic of Kazakhstan, the Kyrgyz Republic, and the Republic of Tajikistan shall be bound to comply with the obligations undertaken by the Host State in Articles 9(C), 10, 11, and 12 of this Agreement.

(B) Any state desiring to accede to this Agreement after its entry into force shall notify the Governing Board through the Executive Director. The Governing Board shall provide such a state with a certified copy of this Agreement through the Executive Director. Upon approval by the Governing Board, that state shall be permitted to accede to this Agreement. This Agreement shall enter into force for that state on the thirtieth (30th) day after the date on which the state deposits its instrument of accession with the Depositary. Any state with technology, expertise, or related materials applicable to WMD that accedes to this Agreement for the purpose, which shall be stated in its instrument of accession, of permitting the conduct by the ISTC of activities in the territory of such state shall, by acceding to this Agreement, be bound to comply with the obligations undertaken by the Host State in Articles 9(C), 10, 11, and 12 of this Agreement.

Article 14

(A) This Agreement shall be subject to review by the Parties two years after its entry into force. This review shall take into account the financial commitments and payments of the Parties.

(B) This Agreement may be amended by written agreement of the Parties, excluding any Party that has withdrawn or provided notification in accordance with paragraph (C) of this Article of its intent to withdraw from this Agreement. If a Party that has provided notification of withdrawal rescinds its withdrawal before it becomes effective, that Party shall be bound by any amendments to this Agreement that have become effective after the date that Party provided its notification of withdrawal.

(C) Any Party may withdraw from this Agreement no less than six months after providing written notification to the Depositary.

Article 15

(A) Any question or dispute relating to the application or interpretation of this Agreement shall be the subject of consultations between the Parties.

(B) If an issue is not resolved through consultations, all concerned Parties may jointly agree to submit that issue to another form of dispute resolution such as conciliation, mediation, or arbitration.

Article 16

Nothing in this Agreement is intended to interfere with the continuation of the ISTC as the inter-governmental organization originally established by the 1992 Agreement, including the operations of existing ISTC branch offices, nor affect the validity of any existing contracts, grants or other legal instruments or arrangements of the ISTC, except as specifically revised by this Agreement.

Article 17

(A) This Agreement shall be open for signature by the European Union and Euratom, acting as one Party, Georgia, Japan, the Kingdom of Norway, the Kyrgyz Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Korea, the Republic of Tajikistan, and the United States of America.

(B) This Agreement shall be subject to ratification, acceptance, or approval. Instruments of ratification, acceptance, or approval shall be deposited with the Depositary.

(C) This Agreement shall enter into force on the date of receipt by the Depositary of the last instrument of ratification, acceptance, or approval from the states listed in paragraph (A) of this Article and the European Union and Euratom, acting as one Party.

(D) Upon entry into force, this Agreement shall supersede the Provisional Application Protocol. At that time, the Parties shall cease to provisionally apply the 1992 Agreement.

Article 18

The Center Secretariat shall be the Depositary of this Agreement. All notifications to the Depositary shall be addressed to the Center's Executive Director. The Depositary shall fulfill the duties in accordance with Article 77 of the Vienna Convention on the Law of Treaties of May 23, 1969.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Agreement.

Done at Astana on 9 December 2015, in the Armenian, English, French, Georgian, German, Japanese, Kazakh, Korean, Kyrgyz, Norwegian, Russian, and Tajik languages, all language texts being equally authentic. In the case of a discrepancy between two or more language versions, the English language text shall prevail.

For the European Union

l'Union européenne

Für die Europäische Union

Den europeiske union

For Georgia

la République de Géorgie

Für Georgien

Georgia

For Japan

l'État du Japon

Für der Staat Japan

Russian

For the Kingdom of Norway

le Royaume de Norvège

Für das Königreich Norwegen

Kongedømmet Norge

For the Kygryz Republic

la République kirghize

Für die Kirgisische Republik

Kirgistan

For the Republic of Armenia

la République d'Arménie

Für die Republik Armenien

Armenia

For the Republic of Kazakhstan

la République du Kazakhstan

Für die Republik Kasachstan

Kasakhstan

For the Republic of Korea

la République du Corée

Für die Republik Korea

Sør-Korea

For the Republic of Tajikistan

la République du Tadjikistan

Für die Republik Tadschikistan

Tajikistan

14.2.2017

Official Journal of the European Union

L 37/15

COMMISSION IMPLEMENTING REGULATION (EU) 2017/250

of 13 February 2017

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, 13 February 2017.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development

(1) OJ L 347, 20.12.2013, p. 671.

(2) OJ L 157, 15.6.2011, p. 1.

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	MA	117,5
	SN	359,5
	TR	149,3
	ZZ	208,8
0707 00 05	MA	85,9
	TR	174,3
	ZZ	130,1
0709 91 00	EG	153,4
0709 91 00	ZZ	153,4
0709 93 10	MA	64,3
	TR	193,7
	ZZ	129,0
0805 10 22 , 0805 10 24 , 0805 10 28	EG	44,8
	IL	79,4
	MA	44,3
	TN	50,5
	TR	74,4
	ZZ	58,7
0805 21 10 , 0805 21 90 , 0805 29 00	EG	93,2
	IL	131,6
	MA	89,9
	TR	91,3
	ZZ	101,5
0805 22 00	IL	114,8
	MA	102,3
	TR	60,4
	ZZ	92,5
0805 50 10	EG	82,4
	TR	75,0
	ZZ	78,7
0808 30 90	CL	225,1
	CN	113,2
	ZA	114,0
	ZZ	150,8

(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’.

14.2.2017

Official Journal of the European Union

L 37/19

COMMISSION IMPLEMENTING DECISION (EU) 2017/252

of 9 February 2017

amending Annex II to Decision 93/52/EEC as regards the recognition of the Autonomous Community of Extremadura as officially brucellosis-free (B. Melitensis) and amending the Annexes to Decision 2003/467/EC as regards the declaration of certain regions of Spain as officially tuberculosis-free and officially brucellosis-free in relation to bovine herds and of Jersey as officially enzootic-bovine-leucosis-free

(notified under document C(2017) 691)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), and in particular paragraph 4 of Annex A.I, paragraph 7 of Annex A.II and paragraph E of Annex D.I thereto,

Having regard to Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (2), and in particular Section II of Chapter 1 of Annex A thereto,

Whereas:

(1)	Directive 91/68/EEC defines the animal health conditions governing trade in the Union in ovine and caprine animals. It lays down the conditions whereby Member States or regions thereof may be recognised as being officially free of brucellosis (B. melitensis).

(2)	Commission Decision 93/52/EEC (3) lists, in Annex II thereto, the regions of Member States which are recognised as officially free of brucellosis (B. melitensis) in accordance with Directive 91/68/EEC.

(3)	Spain has submitted to the Commission documentation demonstrating compliance for the Autonomous Community of Extremadura with the conditions laid down in Directive 91/68/EEC for officially brucellosis (B. melitensis)-free status as regards ovine and caprine herds.

(4)	Following the evaluation of the documentation submitted by Spain, the Autonomous Community of Extremadura should be recognised as being officially free of brucellosis (B. melitensis) as regards ovine and caprine herds.

(5)

Annex II to Decision 93/52/EEC lists in the entry for Spain both the Autonomous Community of the Canary Islands and its two Provinces: Santa Cruz de Tenerife and Las Palmas. Since the Autonomous Community of the Canary Islands has just those two Provinces, the reference to the Provinces of Santa Cruz de Tenerife and Las Palmas is redundant and should be deleted.

(6)	The entry for Spain in Annex II to Decision 93/52/EEC should therefore be amended accordingly.

(7)	Directive 64/432/EEC applies to trade within the Union in bovine animals and swine. It lays down the conditions whereby a region of a Member State may be declared officially tuberculosis-free, officially brucellosis-free or officially enzootic-bovine-leucosis-free as regards bovine herds.

(8)	Chapter 2 of Annex I to Commission Decision 2003/467/EC (4) lists the regions of the Member States which are declared officially tuberculosis-free as regards bovine herds.

(9)

Spain has submitted to the Commission documentation demonstrating compliance for the Autonomous Community of the Canary Islands with the conditions laid down in Directive 64/432/EEC for officially tuberculosis-free status as regards bovine herds. Accordingly, that region should be listed in Chapter 2 of Annex I to Decision 2003/467/EC as officially tuberculosis-free region as regards bovine herds.

(10)	Chapter 2 of Annex II to Decision 2003/467/EC lists the regions of Member States which are declared officially brucellosis-free as regards bovine herds.

(11)

Spain has submitted to the Commission documentation demonstrating compliance for the Autonomous Community of Asturias and the provinces of Burgos, Soria and Valladolid of the Autonomous Community of Castilla y León with the conditions laid down in Directive 64/432/EEC for officially brucellosis-free status as regards bovine herds. Accordingly, those regions should be listed in Chapter 2 of Annex II to Decision 2003/467/EC as officially brucellosis-free regions as regards bovine herds.

(12)

Chapter 2 of Annex II to Decision 2003/467/EC lists in the entry for Spain both the Autonomous Community of the Canary Islands and its two Provinces: Santa Cruz de Tenerife and Las Palmas. Since the Autonomous Community of the Canary Islands has just those two Provinces, the reference to the Provinces of Santa Cruz de Tenerife and Las Palmas is redundant and should be deleted.

(13)	Chapter 2 of Annex III to Decision 2003/467/EC list the regions of the Member States which are declared officially enzootic-bovine-leucosis-free as regards bovine herds.

(14)	Regulation (EEC) No 706/73 of the Council (5) provides that for the purpose of applying rules concerning the animal health legislation, the United Kingdom and the Channel Islands including the Island of Jersey are to be treated as a single Member State.

(15)

The United Kingdom has submitted to the Commission documentation demonstrating compliance for Jersey with the conditions laid down in Directive 64/432/EEC for officially enzootic-bovine-leucosis-free status as regards bovine herds. Accordingly, Jersey should be listed in Chapter 2 of Annex III to Decision 2003/467/EC as an officially enzootic-bovine-leucosis-free region as regards bovine herds.

(16)	The Annexes to Decision 2003/467/EC should therefore be amended accordingly.

(17)	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:

Article 1

Annex II to Decision 93/52/EEC is amended in accordance with Annex I to this Decision.

Article 2

The Annexes to Decision 2003/467/EC are amended in accordance with Annex II to this Decision.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 9 February 2017.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

(1) OJ 121, 29.7.1964, p. 1977.

(2) OJ L 46, 19.2.1991, p. 19.

(3) Commission Decision 93/52/EEC of 21 December 1992 recording the compliance by certain Member States or regions with the requirements relating to brucellosis (B. melitensis) and according them the status of a Member State or region officially free of the disease (OJ L 13, 21.1.1993, p. 14).

(4) Commission Decision 2003/467/EC of 23 June 2003 establishing the official tuberculosis, brucellosis and enzootic-bovine-leucosis-free status of certain Member States and regions of Member States as regards bovine herds (OJ L 156, 25.6.2003, p. 74).

(5) Regulation (EEC) No 706/73 of the Council of 12 March 1973 concerning the Community arrangements applicable to the Channel Islands and the Isle of Man for trade in agricultural products (OJ L 68, 15.3.1973, p. 1).

ANNEX I

In Annex II to Decision 93/52/EEC, the entry for Spain is replaced by the following:

‘In Spain:

—	Autonomous Community of Asturias,

—	Autonomous Community of the Balearic Islands,

—	Autonomous Community of the Canary Islands,

—	Autonomous Community of Cantabria,

—	Autonomous Community of Castilla y León,

—	Autonomous Community of Extremadura,

—	Autonomous Community of Galicia,

—	Autonomous Community of Navarra,

—	Autonomous Community of Pais Vasco.’.

ANNEX II

The Annexes to Decision 2003/467/EC are amended as follows:

(1)

in Annex I, in Chapter 2, the following entry for Spain is inserted before the entry for the United Kingdom:

‘In Spain:

—	Autonomous Community of the Canary Islands.’;

(2)

in Annex II, in Chapter 2, the entry for Spain is replaced by the following:

‘In Spain:

—	Autonomous Community of Asturias,

—	Autonomous Community of the Balearic Islands,

—	Autonomous Community of the Canary Islands,

—	Autonomous Community of Castilla y León: Provinces of Burgos, Soria and Valladolid,

—	Autonomous Community of La Rioja,

—	Autonomous Community of Murcia,

—	Autonomous Community of Navarra,

—	Autonomous Community of Pais Vasco.’;

(3)

in Annex III, in Chapter 2, the entry for the United Kingdom is replaced by the following:

‘In the United Kingdom:

—

Jersey,

—	The Isle of Man.’.

14.2.2017

Official Journal of the European Union

L 37/23

COMMISSION IMPLEMENTING DECISION (EU) 2017/253

of 13 February 2017

laying down procedures for the notification of alerts as part of the early warning and response system established in relation to serious cross-border threats to health and for the information exchange, consultation and coordination of responses to such threats pursuant to Decision No 1082/2013/EU of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC (1), and in particular Articles 8(2) and 11(5) thereof,

Whereas:

(1)

Decision No 2119/98/EC of the European Parliament and of the Council (2) established an early warning and response system (‘EWRS’) as a permanent communication network between the Commission and the competent public health authorities of the Member States for the prevention and control of certain categories of communicable diseases (the ‘permanent communication network’). The procedures governing the functioning of the EWRS were laid down in Commission Decision 2000/57/EC (3).

(2)

Regulation (EC) No 851/2004 of the European Parliament and of the Council (4) established the European Centre for Disease Prevention and Control (‘ECDC’). In accordance with Article 8 of that Regulation, the ECDC supports and assists the Commission by operating the EWRS. In particular, the ECDC performs daily operations and maintenance of the early warning and response system information technology application (‘EWRS IT application’).

(3)

Decision No 2119/98/EC was repealed and replaced by Decision No 1082/2013/EU. The new Decision re-enacted the EWRS. It also extended the scope of the permanent communication network to cover other types of biological threats, and other categories of serious cross-border threats to health including threats of chemical, environmental or unknown origin. In addition, it laid down rules on epidemiological surveillance, monitoring, early warning of, and combating serious cross-border threats to health.

(4)

Having regard to the revisions made to the EWRS, it is appropriate to revise and update the procedures governing its operation. In order to ensure the proper functioning and uniform application of the EWRS, it is necessary to lay down detailed procedures for information exchange. Such procedures should prevent overlapping activities or conflicting actions with existing structures and mechanisms for monitoring, for the provision of early warning and combating serious cross-border threats to health.

(5)

Pursuant to Article 15(1)(b) of Decision No 1082/2013/EU, Member States are required to designate competent authorities responsible for the notification of alerts and for the determination of response measures (EWRS competent authorities). In order to ensure coordination and consistency in communications, Member States should notify the contact details of the EWRS competent authorities to the Member States and the Commission as well as any subsequent changes to the competent authorities.

(6)

The effectiveness of the EWRS is dependent on the timely communication and exchange of appropriate information relating to the emergence or development of serious cross-border threats to health. It is therefore appropriate to specify clear time-frames in which alerts are notified and the information to be communicated.

(7)

In order to avoid structural duplication of alert notifications and conflicting actions, it should be possible for other relevant rapid alert and information systems, established under other Union law provisions or the Euratom Treaty to use the EWRS to transmit alerts and information on events, which are or may pose a serious cross-border threat to health. Such a possibility should be subject to the requirement that the connection from other systems does not compromise the security of the EWRS and respects applicable data protection rules. In addition, the EWRS should be compatible with the system of data fields, workflows, and access rights of any other alert and information systems to which it is connected. The EWRS IT application should be adapted in order to allow such interoperability between different alert and information systems.

(8)

Pursuant to Article 11(1) of Decision No 1082/2013/EU, in the event of an alert being notified, Member States are to consult each other within the Health Security Committee (‘HSC’), with a view to coordinating national responses and to providing risk and crisis communication. In order to facilitate the coordination of such responses and effective communication, it is appropriate to specify the procedures by which Member States coordinate responses as well as the procedures for communicating effectively to the general public and/or to healthcare professionals.

(9)	The European Data Protection Supervisor was consulted in accordance with Article 28(1) of Regulation (EC) No 45/2001 of the European Parliament and of the Council. (5)

(10)	Directive 95/46/EC of the European Parliament and of the Council (6) and Regulation (EC) No 45/2001 should be applied in the context of the operation of the EWRS.

(11)	The measures provided for in this Decision are in accordance with the opinion of the Committee on serious cross-border threats to health set by Article 18 of Decision No 1082/2013/EU.

(12)	Decision 2000/57/EC should therefore be repealed and replaced,

HAS ADOPTED THIS DECISION:

Article 1

EWRS competent authorities

1. The Commission shall grant to the EWRS competent authorities, designated in accordance with Article 15(1)(b) of Decision No 1082/2013/EU, access to the early warning and response system established pursuant to Article 8 of Decision No 1082/2013/EU.

2. Member States shall ensure that effective communication channels are established between the EWRS competent authorities and any other relevant competent authorities within their jurisdiction in order to promptly identify serious cross-border threats to health fulfilling the criteria laid down in Article 9(1) and (2) of Decision No 1082/2013/EU.

Article 2

Alert notifications in the EWRS

1. Where a Member State or the Commission becomes aware of the emergence or development of a serious cross-border threat to health within the meaning of Article 9(1) of Decision No 1082/2013/EU, it shall introduce the alert referred to in that Article without delay and in any event no later than 24 hours from when it first became aware of the threat.

2. The Member State or the Commission may inform the Health Security Committee (‘HSC’) of the introduction of an alert.

3. The notification obligation referred to in paragraph 1, shall not affect the notification obligation laid down in Article 9(2) of Decision No 1082/2013/EU.

4. The fact that not all relevant information, as indicated in Article 9(3) of that Decision, may be available shall not delay the notification of an alert.

5. The alert referred to in paragraph 1 shall specify how the criteria laid down in Article 9(1) of Decision No 1082/2013/EU are fulfilled.

6. Where, following an alert notification, a Member State or the Commission wishes to communicate available relevant information for coordination purposes pursuant to Article 9(3) of Decision No 1082/2013/EU, it shall use the ad hoc functionality of the EWRS to post a ‘comment’ in reply to the initial notification message.

Article 3

Other Union rapid alert and information systems

1. The alert notification referred to in Article 2(1) shall specify whether the threat identified has previously been notified through other alert or information systems at Union level or under the Euratom Treaty.

2. Where a serious cross-border threat to health is communicated through more than one Union alert or information system, the Commission shall indicate through the EWRS the lead system for the specific type of information exchange.

3. For the purposes of this Article, other alert and information systems at Union level or under the Euratom Treaty shall include the systems set out in the Annex.

Article 4

Coordination of national responses to serious cross-border threats to health

1. Where a request for consultation is made under Article 11(1)(a) of Decision No 1082/2013/EU for the purposes of coordinating the response to a serious cross-border threat to health, the Commission shall arrange for the consultation to be held within the HSC within 2 working days of the request depending on the urgency related to the severity of that threat.

2. The Commission shall inform the HSC of the request and make available to the HSC any information relevant to the threat in addition to that already communicated through the EWRS.

3. Member States shall also provide in writing any available information relevant to the threat, in addition to that already communicated through the EWRS including public health measures, or other measures, that have been taken or are intended to be taken.

4. The HSC shall examine all the information available relating to the particular threat, including alert notifications, risk assessments, and other information communicated by Member States or the Commission either through the EWRS or the HSC, including information about public health measures that have been taken or are intended to be taken. Such an examination shall be concluded without delay.

5. Members States when considering or taking public health measures to combat serious cross-border threats to health shall take account of the outcome of examination carried out within the framework of the consultation of the HSC.

Article 5

Risk and crisis communication

1. Following a request for consultation under Article 11(1)(b) of Decision No 1082/2013/EU, Member States shall consult each other within the HSC and develop and suggest the content and form of risk and crisis communications to be provided by the Member States to the general public and/or to healthcare professionals. Member States may adapt the communications according to their needs and circumstances.

2. Member States that have already conveyed risk and crisis communications relating to a serious cross-border threat to health shall inform the HSC and the Commission, in writing, of the content of such communications.

Article 6

Deactivation of the alert notification

Where the conditions which justified the introduction of an alert pursuant to Article 9(1) of Decision No 1082/2013/EU cease to exist, the alert shall be deactivated by the Member State that introduced the alert, or by the Commission in the event that the alert was introduced by the Commission. Deactivation of an alert shall only take place after all the Member States concerned by the alert have agreed to such deactivation.

Article 7

Repeal of Decision 2000/57/EC

1. Decision 2000/57/EC is repealed.

2. References to the repealed Decision shall be construed as references to this Decision.

Article 8

Entry into force

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

Done at Brussels, 13 February 2017.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 293, 5.11.2013, p. 1.

(2) Decision No 2119/98/EC of the European Parliament and of the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community (OJ L 268, 3.10.1998, p. 1).

(3) Commission Decision 2000/57/EC of 22 December 1999 on the early warning and response system for the prevention and control of communicable diseases under Decision No 2119/98/EC of the European Parliament and of the Council (OJ L 21, 26.1.2000, p. 32).

(4) Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for disease prevention and control (OJ L 142, 30.4.2004, p. 1).

(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).

(6) 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).

ANNEX

Non-exhaustive list of alert and Information Systems at union level to be progressively linked with EWRS

This Annex lists rapid alert and information systems which are currently in place at Union level or under the Euratom Treaty and which may be relevant for receiving alerts of and information on events which are or may pose a serious cross border threat to health:

—	Animal Disease Notification System (ADNS), to register and document the situation of important infectious animal diseases;

—	Commission's cross sectoral warning system (ARGUS), a Commission internal Rapid Alert System allowing all Commission Directorate-Generals to share key information in the event of an emergency/crisis and to enable internal coordination;

—	Common Emergency Communication and Information System (CECIS), for civil protection and marine pollution accidents;

—	European Community Urgent Radiological Information Exchange (ECURIE), to notify counter-measures to protect against the effects of a radiological or nuclear accident;

—	Major Accident Reporting System (EMARS), to facilitate the exchange of lessons learned from accidents and near misses involving dangerous substances in order to improve chemical accident prevention and mitigation of potential consequences;

—	European Notification System for Plant Health Interceptions (EUROPHYT), dealing with interceptions for plant health reasons of consignments of plants and plant products imported into the Union or being traded within the Union;

—	Rapid Alert for Blood and Blood Components (RAB), for the exchange of information to prevent or contain cross-border incidents linked to blood transfusions;

—	Rapid Alert System for Non-food Dangerous Products (RAPEX), for the exchange of information on products posing a risk to health and safety of consumers;

—	Rapid Alert System for Food and Feed (RASFF) platform, for the notification of risks to human health deriving from food or feed;

—	Rapid Alert for Tissues and Cells (RATC) platform for the exchange of information and measures related to human tissues or cells transferred across borders for patients;

—	European Information Network on Drugs and Drug Addiction (Reitox), to collect and report information on the drug phenomenon across Europe.

		ISSN 1977-0677
Official Journal of the European Union		L 37

English edition	Legislation	Volume 60 14 February 2017

Contents		II Non-legislative acts	page
		INTERNATIONAL AGREEMENTS
	*	Council Decision (EU) 2017/248 of 6 February 2017 on the conclusion of the Agreement continuing the International Science and Technology Center	1
		Agreement continuing the International Science and Technology Center	3
		REGULATIONS
	*	Commission Implementing Regulation (EU) 2017/249 of 1 February 2017 entering a name in the register of protected designations of origin and protected geographical indications (Folar de Valpaços (PGI))	13
		Commission Implementing Regulation (EU) 2017/250 of 13 February 2017 establishing the standard import values for determining the entry price of certain fruit and vegetables	15
		DECISIONS
	*	Commission Decision (Euratom) 2017/251 of 2 June 2016 on the conclusion on behalf of the European Atomic Energy Community, of the Agreement continuing the International Science and Technology Center between the European Union and Euratom acting as one Party and Georgia, Japan, the Kingdom of Norway, the Kyrgyz Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Korea, the Republic of Tajikistan, and the United States of America	17
	*	Commission Implementing Decision (EU) 2017/252 of 9 February 2017 amending Annex II to Decision 93/52/EEC as regards the recognition of the Autonomous Community of Extremadura as officially brucellosis-free (B. Melitensis) and amending the Annexes to Decision 2003/467/EC as regards the declaration of certain regions of Spain as officially tuberculosis-free and officially brucellosis-free in relation to bovine herds and of Jersey as officially enzootic-bovine-leucosis-free (notified under document C(2017) 691) ( 1 )	19
	*	Commission Implementing Decision (EU) 2017/253 of 13 February 2017 laying down procedures for the notification of alerts as part of the early warning and response system established in relation to serious cross-border threats to health and for the information exchange, consultation and coordination of responses to such threats pursuant to Decision No 1082/2013/EU of the European Parliament and of the Council ( 1 )	23