ISSN 1977-0677

Official Journal

of the European Union

L 68

European flag  

English edition

Legislation

Volume 61
12 March 2018


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

Information relating to the entry into force of the Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020

1

 

 

REGULATIONS

 

*

Commission Implementing Regulation (EU) 2018/352 of 8 March 2018 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Moules de bouchot de la Baie du Mont-Saint-Michel (PDO))

2

 

*

Commission Implementing Regulation (EU) 2018/353 of 9 March 2018 correcting Implementing Regulation (EU) 2017/1145 on the withdrawal from the market of certain feed additives authorised pursuant to Council Directives 70/524/EEC and 82/471/EEC and repealing the obsolete provisions authorising those feed additives ( 1 )

3

 

 

DECISIONS

 

*

Commission Implementing Decision (EU) 2018/354 of 8 March 2018 authorising methods for grading pig carcases in Ireland

8

 

*

Political and Security Committee Decision (CFSP) 2018/355 of 27 February 2018 on the appointment of the EU Force Commander for the European Union military operation in Bosnia and Herzegovina and repealing Decision (CFSP) 2017/682 (BiH/26/2018)

12

 


 

(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

12.3.2018   

EN

Official Journal of the European Union

L 68/1


Information relating to the entry into force of the Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020

The Agreement between the European Union and the Kingdom of Norway (1) entered into force on 1 August 2017, the procedure provided for in Article 19.3 of the Agreement having been completed on 20 July 2017.


(1)  Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (OJ L 75, 21.3.2017, p. 3).


REGULATIONS

12.3.2018   

EN

Official Journal of the European Union

L 68/2


COMMISSION IMPLEMENTING REGULATION (EU) 2018/352

of 8 March 2018

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Moules de bouchot de la Baie du Mont-Saint-Michel’ (PDO))

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France's application for the approval of amendments to the specification for the protected designation of origin ‘Moules de bouchot de la Baie du Mont-Saint-Michel’, registered under Commission Implementing Regulation (EU) No 636/2011 (2).

(2)

Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.

(3)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

HAS ADOPTED THIS REGULATION:

Article 1

The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Moules de bouchot de la Baie du Mont-Saint-Michel’ (PDO) are hereby approved.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 March 2018.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission


(1)   OJ L 343, 14.12.2012, p. 1.

(2)  Commission Implementing Regulation (EU) No 636/2011 of 29 June 2011 entering a name in the register of protected designations of origin and protected geographical indications [Moules de bouchot de la Baie du Mont-Saint-Michel (PDO)] (OJ L 170, 30.6.2011, p. 28).

(3)   OJ C 383, 14.11.2017, p. 12.


12.3.2018   

EN

Official Journal of the European Union

L 68/3


COMMISSION IMPLEMENTING REGULATION (EU) 2018/353

of 9 March 2018

correcting Implementing Regulation (EU) 2017/1145 on the withdrawal from the market of certain feed additives authorised pursuant to Council Directives 70/524/EEC and 82/471/EEC and repealing the obsolete provisions authorising those feed additives

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 10(5) thereof,

Whereas:

(1)

Commission Implementing Regulation (EU) 2017/1145 (2) requires the withdrawal from the market of feed additives which were placed on the market and entered in the Community Register of Feed Additives as existing products in accordance with Article 10(1) of Regulation (EC) No 1831/2003, and for which no applications in accordance with Article 10(2) and (7) of that Regulation were submitted before the deadline provided for in those provisions, or for which an application was submitted but subsequently withdrawn. Implementing Regulation (EU) 2017/1145 also repeals the regulations or deletes the provisions authorising those additives.

(2)

By mistake, Annex II to Implementing Regulation (EU) 2017/1145 setting out the list of additives to be withdrawn from the market in respect of certain animal species included the feed additive coccidiostat authorised by Commission Regulation (EC) No 1463/2004 (3), although an application was submitted in due time in accordance with Article 10(2) of Regulation (EC) No 1831/2003. That Regulation was therefore repealed by mistake by Article 3 of Implementing Regulation (EU) 2017/1145. By mistake, Commission Regulation (EC) No 833/2005 (4) was mentioned in recital 3 of Implementing Regulation (EU) 2017/1145, both as to be amended and as to be repealed. It should be corrected to indicate that Regulation (EC) No 833/2005 should be only repealed. By mistake, Commission Regulation (EC) No 1459/2005 (5) was not repealed by Article 3 of Implementing Regulation (EU) 2017/1145, while it authorises certain iodine compounds that are to be withdrawn from the market in accordance with Implementing Regulation (EU) 2017/1145. Commission Regulation (EC) No 1443/2006 (6) was erroneously repealed by Article 3 of Implementing Regulation (EU) 2017/1145. Only Article 1 of and Annex I to that Regulation should be deleted as only those provisions concern certain enzymes that are to be withdrawn in accordance with Implementing Regulation (EU) 2017/1145. Those errors should be corrected.

(3)

By mistake, the provisions of Commission Regulation (EC) No 1334/2003 (7) authorising some iron compounds, to be withdrawn from the market in accordance with Implementing Regulation (EU) 2017/1145, were not deleted by Article 8 of that Regulation amending Regulation (EC) No 1334/2003. That Article should be corrected.

(4)

In Part A of Annex I to Implementing Regulation (EU) 2017/1145 setting out the feed additives to be withdrawn for all species and categories of animals, in the table concerning vitamins, the L form of the vitamin menadione sodium bisulphite is included. This should be corrected as no reference to this L form was made in the authorisation.

(5)

Parts A and B of Annex I to Implementing Regulation (EU) 2017/1145 should be corrected as regards some colourants as the species and categories of animals for which those colourants are required to be withdrawn from the market and the functions of those colourants were not indicated correctly. The requirement to withdraw the additive from the market for some of them applies only for certain species and the use as colourant is restricted to certain functions.

(6)

Implementing Regulation (EU) 2017/1145 should therefore be corrected accordingly.

(7)

The erroneous provisions have given rise to confusion for the feed business operators as regards the actual regulatory status of the additives concerned. That situation has created legal uncertainty as to the applicable regulatory framework. Those errors have therefore resulted in some market disturbance linked to the questioned authorisation to place on the market and use certain additives. The corrections to Implementing Regulation (EU) 2017/1145 should therefore apply retroactively on the day of entry into force of that Implementing Regulation, in order to restore legal certainty in relation to the regulatory status of the additives subject to the errors, to avoid any detrimental consequences for the operators concerned and consequently to bring stability back to the market.

(8)

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

Implementing Regulation (EU) 2017/1145 is corrected as follows:

(1)

Recital 3 is corrected as follows:

(a)

the reference to Regulation (EC) No 1463/2004 is deleted with the corresponding footnote;

(b)

the reference to Regulation (EC) No 833/2005 is deleted with the corresponding footnote from the list of Regulations to be amended. The corresponding footnote is inserted after the words ‘(EC) No 833/2005’ in the list of Regulations to be repealed;

(c)

the reference to Regulation (EC) No 1459/2005 is inserted between the words ‘(EC) No 833/2005’ and ‘(EC) No 492/2006’ in the list of Regulations to be repealed together with a footnote referring to its full title and reference of publication;

(d)

the reference to Regulation (EC) No 1443/2006 is deleted with the corresponding footnote from the list of Regulations to be repealed and inserted with the corresponding footnote between the words ‘(EC) No 1284/2006’ and ‘and (EU) No 1270/2009’ in the list of Regulations to be amended.

(2)

Article 3 is replaced by the following:

‘Article 3

Repeals

Regulations (EC) No 937/2001, (EC) No 871/2003, (EC) No 277/2004, (EC) No 278/2004, (EC) No 1332/2004, (EC) No 1465/2004, (EC) No 833/2005, (EC) No 1459/2005, (EC) No 492/2006, (EC) No 1743/2006, (EC) No 757/2007, and (EC) No 828/2007 are repealed.’

(3)

In Article 8 the following points are inserted after the words ‘The Annex to Regulation (EC) No 1334/2003, is amended as follows:’ and the existing points are renumbered accordingly:

‘(1)

in entry E 1 Iron — Fe, the words “Ferrous chloride, tetrahydrate” and all content relating only to Ferrous chloride, tetrahydrate are deleted.

(2)

in entry E 1 Iron — Fe, the words “Ferrous citrate, hexahydrate” and all content relating only to Ferrous citrate, hexahydrate are deleted.

(3)

in entry E 1 Iron — Fe, the words “Ferrous lactate, trihydrate” and all content relating only to Ferrous lactate, trihydrate are deleted.’

(4)

The following Article 25a is inserted:

‘Article 25a

Amendment to Regulation (EC) No 1443/2006

Article 1 of and Annex I to Regulation (EC) No 1443/2006 are deleted.’

(5)

Annex I is corrected in accordance with the Annex to this Regulation.

Article 2

Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 19 July 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 March 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 268, 18.10.2003, p. 29.

(2)  Commission Implementing Regulation (EU) 2017/1145 of 8 June 2017 on the withdrawal from the market of certain feed additives authorised pursuant to Council Directives 70/524/EEC and 82/471/EEC and repealing the obsolete provisions authorising those feed additives (OJ L 166, 29.6.2017, p. 1).

(3)  Commission Regulation (EC) No 1463/2004 of 17 August 2004 concerning the authorisation for 10 years of the additive ‘Sacox 120 microGranulate’ in feedingstuffs, belonging to the group of coccidiostats and other medicinal substances. (OJ L 270, 18.8.2004, p. 5).

(4)  Commission Regulation (EC) No 833/2005 of 31 May 2005 concerning the permanent authorisation of additives in feedingstuffs (OJ L 138, 1.6.2005, p. 5).

(5)  Commission Regulation (EC) No 1459/2005 of 8 September 2005 amending the conditions for authorisation of a number of feed additives belonging to the group of trace elements. (OJ L 233, 9.9.2005, p. 8).

(6)  Commission Regulation (EC) No 1443/2006 of 29 September 2006 concerning the permanent authorisations of certain additives in feedingstuffs and an authorisation for 10 years for a coccidiostat. (OJ L 271, 30.9.2006, p. 12).

(7)  Commission Regulation (EC) No 1334/2003 of 25 July 2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group of trace elements (OJ L 187, 26.7.2003, p. 11).


ANNEX

Annex I is corrected as follows:

(1)

Part A is corrected as follows:

(a)

under the heading ‘Vitamins, provitamins and chemically well-defined substances having similar effect’, in the entry referring to the additive Vitamin K, the words ‘L-menadione sodium bisulphite’ are replaced by ‘menadione sodium bisulphite’;

(b)

under the heading ‘Other colourants’ the entry of the table referring to colouring agents authorised for colouring foodstuffs by Community rules is replaced by the following:

‘Relevant number

Colouring agents authorised for colouring foodstuffs by Community rules, with the exception of: E150b, E150c and E150d Caramel colours; E 141 Chlorophyllin Copper Complex; E 172 Iron Oxide Red, Black & Yellow; E 171 Titanium dioxide (anatase & rutile structure); E 153 Carbon black

All species’

(2)

Part B is corrected as follows:

(a)

under the heading ‘Carotenoids and xanthophylls’, the entry for the additive E161j Astaxanthin is replaced by the following:

‘E161j

Astaxanthin

All species with the exception of:

Fish and crustaceans for uses belonging to the functional group 2(a) (ii)

Ornamental fish for uses belonging to the functional group 2(a) (iii)’

(b)

under the heading ‘Other colourants’ the table referring to the entries for the additives E155, E104, E122 and E160b is replaced by the following:

‘E 155

Brown HT

Dogs and cats

E 104

Quinoline yellow

All species except non-food producing animals for uses belonging to the functional group 2(a) (i)

E 122

Azorubine (carmoisine)

All species with the exception of dogs and cats for uses belonging to the functional group 2(a) (i)

Relevant number

Colouring agents authorised for colouring foodstuffs by Community rules, with the exception of:

 

E102 Tartrazine.

All species except except dogs and cats

E 160b Bixin.

All species except except dogs and cats.

E 110 Sunset yellow FCF

All species except except dogs and cats.

E 120 Carmine (Carmine Lake WSP 50 %)

All species except except dogs and cats

E 124 Ponceau 4 R

All species except except dogs and cats

E 127 Erythrosine

All species except except dogs, cats and reptiles

E 129 Allura red

All species except except dogs and cats

E 132 Indigotine

All species except except dogs and cats

E 133 Brilliant blue

All species except except dogs and cats

E 160 b

Bixin as a colouring agent

Ornamental fish

E102

Tartrazine as a colouring agent

All species except ornamental fish, grain-eating ornamental birds and small rodents

E131

Patent Blue V as a colouring agent

All species except non-food producing animals for uses belonging to the functional group 2(a) (i)

E 124

Ponceau 4 R as a colouring agent

All species except ornamental fish

E127

Erythrosine as a colouring agent

All species except ornamental fish.

E132

Indigotine as a colouring agent

All species except ornamental fish

E 141

Chlorophyllin copper complex as a colouring agent

All species except ornamental fish, grain-eating ornamental birds and small rodents

E110

Sunset yellow FCF as a colouring agent

All species except ornamental fish, grain-eating ornamental birds and small rodents

E 153

Carbon black as a colouring agent

All species except ornamental fish’


DECISIONS

12.3.2018   

EN

Official Journal of the European Union

L 68/8


COMMISSION IMPLEMENTING DECISION (EU) 2018/354

of 8 March 2018

authorising methods for grading pig carcases in Ireland

(Only the English text is authentic)

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 20(p) thereof,

Whereas:

(1)

Point 1 of Section B.IV of Annex IV to Regulation (EU) No 1308/2013 provides that, for the classification of pig carcases, the lean-meat content has to be assessed by means of grading methods authorised by the Commission and only statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase may be authorised. The authorisation of grading methods should be subject to compliance with a maximum tolerance for statistical error in assessment. That tolerance is defined in Article 23(3) of Commission Regulation (EC) No 1249/2008 (2).

(2)

By Commission Decision 87/293/EC (3), the use of two methods for grading pig carcases in Ireland was authorised.

(3)

Ireland has requested the Commission to remove the method ‘Fat-O-Meat'er (FOM)’ from the list of authorised methods for grading pig carcases in Ireland, as it is no longer used, to authorise three new methods for grading pig carcases on its territory and to update the existing equation for the instrument ‘Hennessy Grading Probe 2 (HGP2)’.

(4)

Ireland has presented a detailed description of the dissection trial, indicating the principles on which those new methods are based, the results of its dissection trial and the equations used for assessing the percentage of lean meat in the protocol provided for in Article 23(4) of Regulation (EC) No 1249/2008.

(5)

Examination of that request has revealed that the conditions for authorising the new grading methods and updating the equation are fulfilled. Those grading methods should therefore be authorised in Ireland.

(6)

For reasons of clarity and legal certainty, a new decision should be adopted. Decision 87/293/EC should therefore be repealed.

(7)

Modifications of the apparatuses or grading methods should not be allowed, unless they are explicitly authorised by Commission Implementing Decision.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS DECISION:

Article 1

The use of the following methods is authorised for grading pig carcases pursuant to Point 1 of Section B.IV of Annex IV to Regulation (EU) No 1308/2013 in Ireland:

(a)

the ‘Hennessy Grading Probe 2 (HGP 2)’ apparatus and the assessment methods related thereto, details of which are given in Part I of the Annex;

(b)

the ‘Hennessy Grading Probe 7 (HGP 7)’ apparatus and the assessment methods related thereto, details of which are given in Part II of the Annex;

(c)

the ‘Fat-O-Meat'er II (FOM II)’ apparatus and the assessment methods related thereto, details of which are given in Part III of the Annex;

(d)

the ‘AutoFom III’ apparatus and the assessment methods related thereto, details of which are given in Part IV of the Annex.

Article 2

Modifications of the authorised apparatuses or grading methods shall not be allowed, unless those modifications are explicitly authorised by Commission Implementing Decision.

Article 3

Decision 87/293/EC is repealed.

Article 4

This Decision is addressed to Ireland.

Done at Brussels, 8 March 2018.

For the Commission

Phil HOGAN

Member of the Commission


(1)   OJ L 347, 20.12.2013, p. 671.

(2)  Commission Regulation (EC) No 1249/2008 of 10 December 2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof (OJ L 337, 16.12.2008, p. 3).

(3)  Commission Decision 87/293/EC of 18 May 1987 authorising methods for grading pig carcases in Ireland (OJ L 146, 6.6.1987, p. 66).


ANNEX

METHODS FOR GRADING PIG CARCASES IN IRELAND

PART I

Hennessy Grading Probe 2 (HGP 2)

1.

The rules provided for in this part shall apply when the grading of pig carcases is carried out by means of the apparatus known as ‘Hennessy Grading Probe 2 (HGP 2)’.

2.

The apparatus shall be equipped with a probe of 5,95 millimetres diameter (and of 6,3 millimetres at the blade on top of the probe) containing a photodiode (Siemens LED of the type LYU 260-EO and photodetector of the type 58 MR) and having an operating distance of between 0 and 120 millimetres.

3.

The lean meat content of a carcase shall be calculated according to the following formula:

LMPHGP 2 = 62,89706 – 0,69952 FHGP 2 + 0,09096 MHGP 2

where:

LMPHGP 2

=

the estimated percentage of lean meat in a carcase;

FHGP 2

=

the thickness of backfat (including rind) in millimetres, measured 6 centimetres off the midline of the split carcase between the third and fourth last rib;

MHGP 2

=

the thickness of muscle in millimetres, measured at the same time and in the same place as FHGP 2.

4.

This formula shall be valid for carcases weighing between 60 and 125 kilograms (warm weight).

PART II

Hennessy Grading Probe 7 (HGP 7)

1.

The rules provided for in this part shall apply when the grading of pig carcases is carried out by means of the apparatus known as ‘Hennessy Grading Probe 7 (HGP 7)’.

2.

The apparatus shall be equipped with a probe of 5,95 millimetres diameter (and of 6,3 millimetres at the blade on top of the probe) containing a photodiode (Siemens LED of the type LYU 260-EO and photodetector of the type 58 MR) and having an operating distance of between 0 and 120 millimetres.

3.

The lean meat content of a carcase shall be calculated according to the following formula:

LMPHGP 7 = 63,72237 – 0,75369 FHGP 7 + 0,09205 MHGP 7

where:

LMPHGP 7

=

the estimated percentage of lean meat in a carcase;

FHGP 7

=

the thickness of backfat (including rind) in millimetres, measured 6 centimetres off the midline of the split carcase between the third and fourth last rib;

MHGP 7

=

the thickness of muscle in millimetres, measured at the same time and in the same place as FHGP 7.

4.

This formula shall be valid for carcases weighing between 60 and 125 kilograms (warm weight).

PART III

Fat-O-Meat'er II (FOM II)

1.

The rules provided for in this part shall apply when the grading of pig carcases is carried out by means of the apparatus known as ‘Fat-O-Meat'er II (FOM II)’.

2.

The FOM II consists of an optical probe with a knife, a depth measurement device having an operating distance of between 0 and 125 millimetres and a data acquisition and analysis board. The results of the measurements are converted into estimated lean meat content by the FOM II apparatus itself.

3.

The lean meat content of a carcase shall be calculated according to the following formula:

LMPFOMII = 61,89462 – 0,73771 FFOMII + 0,10897 MFOMII

where:

LMPFOMII

=

the estimated percentage of lean meat in a carcase;

FFOMII

=

the thickness of backfat (including rind) in millimetres, measured 6 centimetres off the midline of the split carcase between the third and fourth last rib;

MFOMII

=

the thickness of muscle in millimetres, measured at the same time and in the same place as FFOMII.

4.

This formula shall be valid for carcases weighing between 60 and 125 kilograms (warm weight).

PART IV

AutoFom III

1.

The rules provided for in this part shall apply when the grading of pig carcases is carried out by means of the apparatus known as ‘AutoFom III’

2.

The apparatus shall be equipped with sixteen 2 MHz ultrasonic transducers (Frontmatec Smørum A/S), with an operating distance between transducers of 25 mm. The ultrasonic data shall comprise measurements of back fat thickness, muscle thickness and related parameters. The results of the measurements are converted into estimates of the percentage of lean meat by using a computer.

3.

The lean meat content of a carcase shall be calculated according to the following formula:

LMPAF3 = 66,63699 – 1,06859 R2P9 – 0,78459 R2P10 + 0,06723 R3P5

where:

LMPAF3

=

the estimated percentage of lean meat in a carcase;

R2P9

=

The thickness of skin at the minimum fat thickness (MFT) point in mm, where the MFT is the minimum position of the fat profile, after the skin profile has been subtracted;

R2P10

=

minimum fat of the cross-section in mm;

R3P5

=

maximum meat measure, equal to the maximum rib position minus minimum fat position converted to mm.

4.

This formula shall be valid for carcases weighing between 60 and 125 kilograms (warm weight).

12.3.2018   

EN

Official Journal of the European Union

L 68/12


POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2018/355

of 27 February 2018

on the appointment of the EU Force Commander for the European Union military operation in Bosnia and Herzegovina and repealing Decision (CFSP) 2017/682 (BiH/26/2018)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 38 thereof,

Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6(1) thereof,

Whereas:

(1)

Pursuant to Article 6(1) of Joint Action 2004/570/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the appointment of the EU Force Commander for the European Union military operation in Bosnia and Herzegovina (the ‘EU Force Commander’).

(2)

On 29 March 2017, the PSC adopted Decision (CFSP) 2017/682 (2) appointing Brigadier General Anton WALDNER as EU Force Commander.

(3)

The EU Operation Commander has recommended the appointment of Major General Martin DORFER as the new EU Force Commander to succeed Major General Anton WALDNER as from 28 March 2018.

(4)

The EU Military Committee agreed to that recommendation on 30 January 2018.

(5)

Decision (CFSP) 2017/682 should therefore be repealed.

(6)

In accordance with Article 5 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 does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications.

(7)

On 12 and 13 December 2002, the Copenhagen European Council adopted a declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those Member States of the Union which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

HAS ADOPTED THIS DECISION:

Article 1

Major General Martin DORFER is hereby appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina as from 28 March 2018.

Article 2

Decision (CFSP) 2017/682 is hereby repealed.

Article 3

This Decision shall enter into force on 28 March 2018.

Done at Brussels, 27 February 2018.

For the Political and Security Committee

The Chairperson

W. STEVENS


(1)   OJ L 252, 28.7.2004, p. 10.

(2)  Political and Security Committee Decision (CFSP) 2017/682 of 29 March 2017 on the appointment of the EU Force Commander for the European Union military operation in Bosnia and Herzegovina and repealing Decision (CFSP) 2016/332 (BiH/25/2017) (OJ L 98, 11.4.2017, p. 20.).